Posts Tagged “legal”

November 24, 2011 Posted Under: alimony, Divorce Laws, Divorce News, legal, Money   Read More

Lifetime Alimony?

A divorce can be a horrible, life altering event and for some it does not stop when the divorce is final.

New Jersey Alimony Reform (NJAR) is a 501 (c) 4 non-profit organization comprised of both men and women, dedicated to change NJ’s alimony law so it’s fair for both divorcing parties.
Their goal is : We believe, very simply, New Jersey should ENCOURAGE INDEPENDENCE for divorcing couples. Alimony must serve as a transition to independence, not an “Award” and certainly not a lifetime entitlement – for one spouse never to have to work again.

In a this day and age when both men and women can earn enough to support themselves after a divorce, means it’s time for change. If you are looking at paying your ex- spouse for the rest of your life, you probably should go join NJAR and support them in their efforts changing the law.

 

 

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September 1, 2010 Posted Under: child custody, Children, Divorce Laws, Uncategorized   Read More

The Key to Deciding Child Custody Cases

In any child custody case, the court decision always focuses on the “best interests” of the child. This is a great consideration whether an out-of-court settlement has been reached by both parents and their lawyers or a custody decision is made by a family court. What do the child’s best interests involve? Read on to learn more about how custody decisions are made based on this approach.

Essentially, the best interests of the child means that all discussions and decisions regarding the custody and visitation of a child are made with an ultimate goal: promoting and nurturing the security, physical and mental health, happiness, and emotional development of the child. Usually and ideally, it is in the best interest of the child to keep a close and healthy relationship with both parents. However, maintaining such a relationship can be difficult in some cases, and this can get in the way of resolving a custody dispute. If you are caught in the middle of a custody conflict, it is important that you focus on making decisions based on the best interest of your children. This will definitely affect your children’s lives and your relationship with them in the future.

There is no standard definition when it comes to a child’s best interests. To have a clear idea of what the best interest of a child really entails, it pays to know the factors that are taken into consideration in many custody cases.

• Physical and mental health of the parents
• Age and sex of child
• Wishes of the child if he or she is of the right age
• Religious considerations
• The relationship with & support from extended family of each parent
• Proof of alcohol, drug, or sexual abuse of each parent
• Emotional abuse or discipline from parents
• Stability of the home environment of each parent
• The child’s adjustment to community and school

The wishes of the child regarding his or her custody have a huge bearing in any custody decision. These preferences can affect the court decision as to who will get the custody of the child. However, it still depends on the state where the case is being heard. Under particular circumstances, some states allow the child to have a say in the hearings. In other states, the courts have the discretion to determine how much relevance it will put on the child’s preference regarding his or her custody.

The child must be legally competent to testify in court, meaning he or she understands what the child custody hearings are all about and knows the difference between truth and lies. When a child testifies in court, the judge does not directly ask the child if he or she would want to live with the father or the mother. Rather, the child is asked in a conversational manner to talk about life in school and home.

Oftentimes, the courts appoint a attorney to represent the child. This setup allows the child to participate in the hearings without the unnecessary stress and tension of the courtroom.

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June 4, 2010 Posted Under: legal   Read More

Alimony

According to Merriam-Webster’s Dictionary
alimony is “an allowance made to one spouse by the other for support pending or after legal separation or divorce”. Alimony can also be known as spousal support or spousal maintenance, which is self-explanatory. Alimony is intended to be an extension of the obligation to support after separation or divorce. For example, Frank has an income of $150,000 and Joan has an income of $30,000. Alimony would be money Frank pays to Joan to help keep her in the lifestyle to which she was accustomed.

  • Length of the marriage
  • Income of the parties
  • The ability to self-support
  • Fault in marital breakdown
  • The ability to pay
  • Future earning potential
  • Professional degree support
  • Time separated while still married
  • Age of the parties at the time of the divorce

Marriage has changed dramatically over the decades. Half of the American workforce is now consisted of women. Though alimony, a concept conceived in times past, has remained remarkably constant, its demise may be approaching. The idea that a man should be obligated to support his wife for the rest of their life, even long after the marriage has failed, is being called into question. Pressures are mounting to change a practice that some see as outdated and unfair.
State alimony laws, many passed in the 1960s and 1970s, were designed to help the stay-at-home mothers of the day, who had little prospects of making a decent wage after divorce. There are many states that allow for the ex-spouse to receive payments until one of them dies, be it one year or thirty years. Supporters of alimony say the money compensates some spouses who have given up careers for families and is particularly vital to low and middle-income women. Detractors have long called the laws unfair in an age when many women work, and punitive in nature.

The determination of the amount of alimony varies greatly from state to state and even court to court.

The different types of alimony.
  • Temporary Alimony: Support ordered when the parties are separated prior to divorce.
  • Rehabilitative Alimony: Support given to a lesser earning spouse for a time necessary to acquire work outside the home and become self-sufficient.
  • Permanent Alimony: Support paid to the lesser earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient.
  • Reimbursement Alimony: Support given as reimbursement for expenses incurred by a spouse during the marriage.

Taxes and Alimony

Amounts paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse will be considered alimony for Federal tax purposes if:

  • You and your spouse or former spouse do not file a joint return with each other
  • You pay in cash (including checks or money orders)
  • The payment is received by (or on behalf of) your spouse or former spouse
  • The decree of divorce or separate maintenance does not say that the payment is not alimony
  • If legally separated under a decree of divorce or separate maintenance, you and your former spouse are not members of the same household when you make the payment
  • You have no liability to make the payment (in cash or property) after the death of your spouse or former spouse, and  your payment is not treated as child support or a property settlement

http://divorceforguys.com/IRS Publication 504(2009)

The issue of alimony begs the question of whether someone should be punished, possibly for the rest of their lives, for bad decisions and a failed relationship. In a world where more than 50% of marriages fail and many women now earn their own paychecks, is there a fundamental need for one person to provide for the separate household of their ex spouse? The time has come for the practice of alimony to be revised for a more modern world.

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April 24, 2010 Posted Under: Uncategorized   Read More

The Importance of Choosing the Right Divorce Lawyer

Choosing the right divorce attorney may have a huge long-term impact when it comes to coping with divorce, as financial stress may be lessened if you receive sound divorce advice. Therefore, hiring a competent professional attorney can mean the difference between a low-cost divorce and drawn-out divorce proceedings that seem to have no end in sight.

In fact, throughout the process toward a divorce settlement, your lawyer should be your best source of divorce information. He or she will consult with you about the rights of your child, whether or not you will be entitled to receive alimony, division of assets and liabilities, and so much more. Your attorney will explain everything you need to know about how to get a divorce.

If you are a wife with a particularly sensitive situation and are in need of the best divorce help, seek out an attorney who is familiar the issues dealing with women and divorce. Alternately, if you are the husband in the divorce case and you are worried that you may be taken advantage of, do your best to find an attorney who specializes in divorce for men.

Selecting a lawyer or attorney to represent you in a divorce case may be the most important divorce decision you will make. If you receive outstanding divorce support from your lawyer, it may end up being an easy divorce. Surely, you are looking forward to living life after divorce. The right attorney will help you get there the fastest while saving the most money!

Source: http://www.articlecircle.com/ - Free Articles Directory

About the Author

Nathan Dawson writes for http://www.lifeaftermarriage.com a great online source for finance information.

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April 24, 2010 Posted Under: Uncategorized   Read More

Divorce And Some Of The Facts

Nowadays divorce cases are increasing in quite a scary rate. There are various things the attorneys check about saying anything in any divorce case. For that one must find out a good and reliable divorce lawyer first. In case of Atlanta, GA these days the rate of divorces has raise pretty high. Many people find it difficult to search out any reliable Athens GA divorce attorney for their divorce. They just need to search little bit because there are some lawyers’ agency where they can find reliable lawyers and their suggestion easily. These agencies are reputed and old both. That is why you will get helpful suggestion from them which will save your time and money both. Now we are going to discuss about divorces and some of its interesting facts in this following article.

Nowadays divorces are so common among people but even a few decades ago divorces were banned in Ireland. Divorces can happen for various reason and the attorneys play a crucial part to determine what you are going to get after divorce. For that you need the best Athens divorce attorneys. There are some organizations where you can get the best lawyers together. You can find there best Athens divorce lawyers and Athens GA family attorneys all. You can also search them out online. You just need to log in and you can get all the names of the lawyers and attorneys there. From there you can choose the preferable attorney and then negotiate with him about your problem.

In case of a divorce sometimes there are series of accusations from the both side. Only a professional and best attorney can turn the situation in his or her own favor so that the client can get all the benefits. An efficient attorney knows that it is his or her first duty to protect the client’s reputation and money first. It is your responsibility to find out the best lawyer to fight for you on the court. Divorce cases can be very simple and complicated both. In case of the simple cases no one needs to bother. But the complicated cases need to be treated properly to avoid various hassles. If you lawyer is not aware of all the facts and rules of the civil and marriage laws then you are going to be in deep water for sure. You are fighting for your own benefit and that is why you must find out the best lawyer.

Divorce can shatter one or both the partners. If you can any good Athens GA family law attorney then he will surely help you to sort out the problems you are facing in your marriage life. Divorce cannot always solve all the problems of life. Little bit of negotiation and understanding is needed everywhere. Some lawyers want you to get divorced at any cost. But some lawyers try to see all the spheres and only then take over the case. You can find the bios of all the Athens GA lawyers on the internet. From there you can choose the suitable one and start negotiating then. It will surely help you out.
About The Author

Rob Fisher from Athens, Georgia helps in choosing best Athens GA divorce attorneys, divorce lawyers Athens Georgia, Athens GA divorce attorney

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