Determining Child Support

March 26, 2011 By admin Leave a Comment

When you are trying to determine how much child support you should be paying or receiving it is sometimes very confusing and difficult to determine the correct amount. There are several things taken into consideration when these amounts are decided upon. More than your income and number of children are considered. There are some guidelines and online resources you can use to help you determine the correct amount.

Although there are many online calculators available for determining child support payments, not all are accurate. When searching for an online calculator you need to find one that takes into account the laws of the state where the child lives, state child support guidelines, the payer’s income, the age of the child or children, and other important factors that may affect the case.

You may wish to look up information specific to the state your case will be managed. Child support is initially set in the state that the child resides. So long as the child and custodial parent continue to live there, that state will continue to manage the child support case no matter where the parent who pays child support resides.

In the event that circumstances have changed since an original order and there needs to be an adjustment made, the calculations need to be figured pertaining to the state in which the order was set. The jurisdiction of child support cases does not change unless all parties no longer live in the state of the original order. The order can then be moved to the state where the child resides and the laws and guidelines of that state would need to be followed.

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Minnesota Standard Visitation Schedule

March 17, 2011 By admin Leave a Comment

In Minnesota there is no set standard visitation schedule. Parents are encouraged to come to a schedule that works for both of them as well as is looking out for the best interest of the child. In situations where an agreement cannot be reached it is left up to the judge to set a schedule. This schedule will most likely not be very specific and will generally include basic visitation rotations such as a couple of weekday/ weeknight visits, alternating weekends, legal holidays that alternate year-to-year, and a two-week vacation each year (usually specified as being taken over summer break).

You may be in a situation that requires a more specific schedule. For example if one parent is likely to be uncooperative with setting exchange times or give adequate notice of intended vacation times, etc., you may need to put together a proposal for a very specific schedule that includes set vacations, set exchange times and places, and specific days and times for holidays.

It is advisable to consider using a mediator to attempt to negotiate the visitation schedule before taking it to the court system. By using a mediator you are more likely to find a solution that will allow a more appropriate schedule for your child. For instance, your situation may be that the other parent does not want overnight visits or is incapable of managing overnight visits. If this is the case, it would be wise to adjust the visitation schedule to eliminate or reduce overnight visits. On the other hand, you may want to split the parenting time more evenly than what would be offered through the court system.

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Wisconsin Parenting Time Schedule

March 8, 2011 By admin Leave a Comment

When filing a parenting plan in Wisconsin parents should add a visitation schedule. It is necessary to include certain information about the visitation schedule such as how transportation will be handled, how child care will be handled, information about where the parents live, and information about the child’s school.

When parents are not able to come to an agreement on a parenting plan or visitation schedule they are required to attempt one session of mediation in Wisconsin. When no agreement can be reached each parent is to submit a schedule to the court and a final decision will be made by a judge. So, if you want to keep some control of the situation you may want to try to come to an agreement on a schedule.

The first step is coming up with a rotation schedule for overall time with the child. In a sole custody situation the child will live with the parent who has sole custody. Visitations with the noncustodial parent may include every weekend, alternating weekends, or even alternating weekend plus a weeknight visit. Parents who share joint physical custody of a child will usually split their time more evenly such as the child being with one parent for a week then the other parent for a week. Sometimes parents choose to split the time half and half each week.

Next is to determine additional visitation times pertaining to holidays. Holiday time should be split evenly between the parents so that each parent has equal time. Special events and vacation times should also be added to the schedule. Parents can also add provisions to the schedule. The more specific the provisions are, the better it is for both parents.

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Utah Standard Visitation Schedule

March 5, 2011 By admin Leave a Comment

In Utah the standard visitation schedule for children ages 5-18 is basically as follows:

The noncustodial parent will have the child one weekday evening and alternating weekends continuing year-to-year. The noncustodial parent is also entitled to alternating holidays. Holiday time and birthdays take precedence over normal weekends. Weekend rotation is not subject to change because of the holiday schedule.

The holiday schedule is set out as such: In years ending in an odd number the noncustodial parent will have the child for the child’s birthday either the day before or after the actual birth date, the weekend of Martin Luther King, Jr. holiday beginning on Friday and ending on Monday, spring break, July 4th holiday, Labor Day weekend, fall school break, Veteran’s day holiday, and the first portion of Christmas school vacation.

In years ending in an even number the noncustodial parent is scheduled to have the child for the child’s birthday on the actual birth date, President’s Day holiday beginning on a Friday and ending on a Monday, Memorial Day weekend, July 24th holiday, Columbus Day, Halloween, Thanksgiving holiday from Wednesday evening until Sunday evening, and the second portion of the Christmas school vacation.

The custodial parent is entitled to the same holiday schedule in the opposite years. In addition to the weekday/weekend and holiday schedules each parent is allowed two weeks of uninterrupted time over the extended school break (such as summer vacation). The noncustodial parent is allowed an additional two weeks of visitation time with the child. All four weeks can be taken consecutively. These extended visits cannot interfere with the other parent’s holiday schedule, but can interfere with the normal weekend rotation.

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Court vs. Mediation

February 25, 2011 By admin Leave a Comment

When you are faced with a legal issue that may need to be taken to court, it may be advisable to attempt mediation first. Overall mediation can achieve a more favorable outcome with less money and time that issues that need to be resolved using the court system.

In the court system your case is usually public knowledge. However through mediation cases are kept private and confidential. Courts take a lot of time and are usually lengthened by conflicting schedules between parties, attorneys, judges, etc. In mediation you set the schedule. Of course there are several people’s schedules you still need to deal with, but overall you are much less likely to experience significant delays in scheduling as you would in the courts.

Judges have very little time to hear or review your individual case. Sometimes they have less than five minutes to hear what you have to say. In fact, you may only get a minute or two to testify in your own case. Through mediation services you are able to spend the time necessary to be heard. You are able to fully describe your situation and work on a solution. Many times you have to make split second decisions in crowded hallways on your case when dealing with the court system. In mediation, however, you are able to take the necessary time to think over your decision.

Court costs can become very expensive. Every delay costs money. Time that your attorney spends preparing your case and every hour your attorney spends waiting on your case costs you money even if there is no progress made. Through mediation you are able to control the cost for the most part. The cost of mediation tends to be about one-third of the cost of a typical court proceeding.

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What is Mediation

February 18, 2011 By admin Leave a Comment

You may have heard the term “mediation” before but you may not really know what it is. In the legal world mediation refers to using a licensed mediator or neutral third party to help resolve legal issues without litigation. A mediator will help people create workable solutions to problems without assigning blame or making judgments. Mediation allows the parties involved to be in control of the situation rather than a judge or attorneys.

In general settlements that have been reached through mediation are far more likely to be honored than those that have been reached through a court battle. When an agreement is reached through mediation a document is drawn up with the agreement spelled out so both parties can be reminded of the agreement. For protection of each individual, it is still advisable for each party to have their own attorney who is willing to work in a mediation environment. Once the agreement is reached and written up, each party as well as their attorneys will receive a copy of the agreement. The attorneys can then file the agreement with the courts to make it legal.

Mediation is a voluntary process, although in many states is not mandatory before taking certain types of cases to litigation. During mediation the mediator will help parties understand the issues. They will help to develop solutions that are designed for the specific needs of each person. It is a mediator’s job to help keep control of the situation in the hands of the parties rather than any outside agency, individuals, or the authorities.

Overall mediation is less expensive, less stressful, less traumatic, and a less prolonged process with much better results than traditional litigation processes. Mediations are set in a private, comfortable, safe setting. Mediators are not counselors or therapists. It is a conflict resolution system.

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Properly Planning for the Adoption Process

February 10, 2011 By admin Leave a Comment

The adoption process can be expensive. It is estimated that the initial adoption process can cost anywhere from $10,000-$35,000 depending upon the agency, age of the child and where the child is being adopted from. This amount of money doesn’t even include how much it will cost once the child has entered your family. In a recent survey it is estimated that it can cost over $12,000 a year to raise a child. This means if you are planning on adopting a child you need to spend some time properly planning your finances as you it can be a fairly expensive process.

Properly planning your finances might not be as difficult as it sounds. By just taking the time to sit down and properly plan out your family’s finances you will be able to find ways to minimize your monthly bills and help make way for the expensive adoption process. Here’s a look at some ways that families were then planning on saving up for the adoption process have been able to minimize their family’s bills.

Downgrading Services. A large chunk of the family finances can often be going to cell phone, Internet and cable television. If you are looking at minimizing your family’s bills you can assess whether you can downgrade or eliminate some services. This can include not purchasing premium cable channels or getting rid of data plans on the cell phone. These downgrades can help you save money every month.

Refinancing Loans. Another great way to save money every month is to consider refinancing any type of loan that you may have. Mortgage or car refinancing can allow you to take advantage of lower interest rates and minimize your monthly car or mortgage payments. The amount of money that you can save every month can help you to afford the adoption process. This option is especially beneficial for those that have high interest rates on their car or mortgage.

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Using Mediation for Parenting Schedule

February 9, 2011 By admin Leave a Comment

In many states couples are being asked to try mediation before taking divorce and/or custody issues to the courts. Some couples are able to do this, however other couples cannot due to hostility. If you feel that you are a couple that can work out your issues through mediation, you will find that the process is much easier and much, much cheaper! A mediator is a neutral third party that can help resolve issues that may arise during the process. Mediators are able to also help get everything put together legally so that it can be presented to the courts properly.

When parents use mediation services and work to put together a parenting plan without court intervention this allows the children involved to feel less stress. Older children can be involved in the process and can voice their opinion about the schedule. Mediators will take into account the child’s wishes and what is in the best interest of the child.

One major advantage of using a mediator versus using litigation is that by using mediation parents can find a reasonable schedule that will work for them. They have a say in what happens. However, in litigation the court will usually make all of the decisions pertaining to the schedule. In situations where both parents are willing to work with a mediator, an agreement is able to be reached approximately 60 percent of the time without any court intervention.

To make mediation services work it is necessary that both parents come with an open mind and be willing to listen. When parents come to mediation with an open mind they are able to brainstorm and come to a solution that is workable for everyone involved. Most importantly, it is important that the focus be on what is best for the children, not on what went wrong with the marriage.

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Children and Divorce

February 5, 2011 By admin Leave a Comment

Divorce can be a messy situation and cause a lot of stress on everyone involved. Many times husband and wives get so caught up in the divorce and the reasons behind it that they forget about the others involved in the situation . . . the children. Children deal with divorce in many ways. The age of the child and the animosity or cooperation between the divorcing parents can have a huge impact on how a child manages what is going on in the family.

In a divorce situation no matter how the parents deal with each other in front of the children, the children are going to go through a grieving process. The feelings and emotions of a family splitting up can be similar to a death in the family. In fact, divorce is basically the death of an intact family. Nothing will ever be the same again. No matter the age of the child, on some level they understand this and most have a difficult time accepting this fact or understanding the reasons why.

It is advisable in a divorce situation, especially one where there is extreme conflict between the parents that parents seek out therapy for the children to help them adjust to what is going on in the family. If it is not feasible to seek out therapy through a licensed marriage and family therapist, possibly a religious leader could talk with the children to help them work through their emotions and to help them better understand what is happening in their life.

It is also important for parents to realize the difficulties their children may be facing in this situation. Keep the child out of the middle of the conflict and ensure that they are receiving the positive attention they need. Children need to continue to have contact with both parents whenever possible and need the assurance that even though the parents can no longer live together that both parents still love the child and want to spend time with him/her.

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Divorce on the Rise in America

January 25, 2011 By admin Leave a Comment

Divorce is definitely on the rise! In America the divorce rate for a first time marriage is as high as 50 percent ending in divorce. Over 60 percent of second marriages and over 70 percent of third marriages end in divorce. Why are these numbers so staggering?

The stigma of divorce has completely changed over the years. Fifty years ago it was unheard of to get a divorce and if you did there were a lot of social repercussions because of it. Now divorce has become so common it is not a socially unacceptable thing anymore. In fact, it seems as though it has come to be almost expected. Too many couples go into marriage with the idea that if it doesn’t work out, no problem, you can always just get divorced. Not enough couples enter marriage considering it to be a life-time commitment anymore.

In the past there were very strict laws governing divorce. Now the laws have become more lax and most states have no-fault divorces. The paperwork has become easier and the entire legal process is much less complicated. In fact, there are even do-it-yourself divorce packets available in situations where there is nothing contested. In America divorce has become as simple as signing a few papers and you are done with it.

Rising divorce rates can also be attributed to the fact that most families have dual incomes now. With both spouses working full-time jobs there is very little time for much else. The responsibilities around the home become a source of contention. Wives often feel the overwhelming burden of work, family, and home. This can eventually lead to resentment and contention.

There are many other factors that have driven up the divorce rates in America over the past several decades. The most obvious is that our culture, laws, economy, and social expectations have changed drastically.

Filed Under: Divorce, Family Law Tagged With: , , ,
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