At The Attorney Connection's Child Custody Center, our Attorneys talk to hundreds of people per month regarding issues of child custody, visitation and child support. A common call involves fathers trying to reduce or terminate their child support payments.
Many times, the scenario they explain is fairly cut and dry... i.e. they had a dramatic reduction in income, or they have the child way more than per the court order, or both. We even have calls where their children are past the age of emancipation, and where the child support should have been terminated years ago, but the fathers are still making payments, often of $500-$1000/per month. What's amazing is the next part...
Do they spend the low flat fee to get the child support order modified? Many do not, stating that they can't afford it. Even though the service would more than pay for itself in a month or two, they choose to do nothing. In the long run, they end up spending thousands of dollars more because they choose to do nothing and end up making child support payments indefinitely.
And from an Attorney's perspective, it is painful to hear. We are trying to provide an affordable, professional service to help parents get out of situations like this, but ultimately the parent much decide to take action. Unfortunately, some people just want to complain and whine, and do nothing to change their situation. As the saying goes, "Insanity is doing the same thing over and over again, and expecting different results."
If this scenario rings a bell, use common sense and TAKE ACTION.
#1 Affordable Child Custody and Child Support Help!
Thursday, July 9, 2009
Wednesday, June 24, 2009
To Quote Nike... JUST DO IT!
I am sure you are familiar with the famous advertising slogan that shot Nike through the roof... "JUST DO IT." Such a simple phrase, yet so powerful and meaningful.
Too often, people think too much and fail to act. Sometimes, you just have to quite analyzing a situation, and JUST DO SOMETHING. More often than not, doing something is better than doing nothing.
The same holds true with child custody, visitation and child support issues. At The Attorney Connection, we talk to hundreds of people every month who are in very similar circumstances, such as they haven't seen their children in months, or they are paying a disproportionate amount in child support. And unfortunately, too many of them do the same thing... NOTHING! And you know what doing nothing gets you? NOTHING! If you don't take ACTION, things will not get better on their own. If the other parent is not complying with the child custody and visitation order, or they are not paying child support, or whatever, you have to be proactive in remedying the situation. If you don't nobody else will. And remember, it's what's in the best interest of the children that matters!
Services like those offered by The Attorney Connection's Child Custody Center provide an affordable and professional means for a parent to take action and assert his/her rights. As the famous saying goes, "You only fail when you quit trying."
Too often, people think too much and fail to act. Sometimes, you just have to quite analyzing a situation, and JUST DO SOMETHING. More often than not, doing something is better than doing nothing.
The same holds true with child custody, visitation and child support issues. At The Attorney Connection, we talk to hundreds of people every month who are in very similar circumstances, such as they haven't seen their children in months, or they are paying a disproportionate amount in child support. And unfortunately, too many of them do the same thing... NOTHING! And you know what doing nothing gets you? NOTHING! If you don't take ACTION, things will not get better on their own. If the other parent is not complying with the child custody and visitation order, or they are not paying child support, or whatever, you have to be proactive in remedying the situation. If you don't nobody else will. And remember, it's what's in the best interest of the children that matters!
Services like those offered by The Attorney Connection's Child Custody Center provide an affordable and professional means for a parent to take action and assert his/her rights. As the famous saying goes, "You only fail when you quit trying."
Tuesday, April 28, 2009
How is Child Support determined?
- 20% for 1 child,
- 25% for 2 children,
- 30% for 3 children,
- 35% for 4 children,
- 40% for 5 or more children.
Child Support is the legislature's attempt to provide financial balance for children who grow up living with only one parent. All parents have a legal duty to support their children.
Generally, the judge who signs the child support order has broad discretion to determine the amount of child support a parent should pay. The amount of child support ordered should be in the child's best interest. State legislatures have established guidelines to help a judge determine child support. The guidelines are presumed to be in a child's best interest.
For instance, in TEXAS, the guidelines give the court a percentage to apply to a parent's net resources. For a parent who has no other children outside the current court proceedings, the percentage to be applied is as follows:
In cases where the Obligor, or parent who is obligated to pay child support, has other children to support, the percentages are slightly lower.
- the child's age and needs;
- the parent's ability to contribute to the child's support;
- any financial resources available for the child support;
- the Obligee's (person receiving child support) net resources and earning potential;
- child care expenses;
- whether either party has actual physical custody of another child;
- the amount of alimony or spousal maintenance;
- the child's educational expenses;
- employee benefits such as housing or a company car;
- health insurance and uninsured medical expenses for the child;
- extraordinary educational, healthcare or other expenses of the child;
- travel expenses incurred to exercise visitation;
- positive or negative cash flow from real or personal property, and assets like businesses or investments;
- any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
A court may consider other factors to determine if applying the guidelines would be unjust or inappropriate in a particular case. Those factors may include:
Texas Family Code, Section 154.123.
Information Not Legal Advice. This posting has been prepared for general information purposes only. The information on this web site is not legal advice.
Also, laws vary from state to state, so some information on this web site may not be correct for where you live. Laws also change frequently so the information contained in this web site is not guaranteed to be up to date.
Thursday, February 26, 2009
Top 5 Things NOT to do when you are in a child custody battle!
What often gets forgotten in a custody battle is the only thing that really matters- what is in the best interests of the children. Unfortunately, parent often get caught up in their ill-will toward each other and lose sight of what is most important.... the children.
In order to keep your focus on what is important, here is a list of what NOT to do when in the midst of a child custody case:
1. Don't bad mouth the other parent in court. The court is only concerned with what is in the best interests of the child! If the other parent text message you that you are a b-tch or an a--hole, the court does not care. Unless it is something that has to do with something that adversely affects the children, keep bite your tongue.
2. Don't post picture of you doing a beer bong, or partying with your friends on Facebook or MySpace. You are an adult and a parent.... ACT LIKE ONE!.
3. Don't call the police on the other party for no reason just to try to get leverage on the other party. If it's not justified, the court will see right through it and it could adversely affect your chances of getting what you are requesting.
4. In Court- do not argue with the other party. Speak only to the judge and be polite and professional.
5. Do not deny the other parent any visitation they may already be entitled to just because they are behind or not paying child support. That is not an acceptable reason to the court, and it will not help you in your child custody case.
In order to keep your focus on what is important, here is a list of what NOT to do when in the midst of a child custody case:
1. Don't bad mouth the other parent in court. The court is only concerned with what is in the best interests of the child! If the other parent text message you that you are a b-tch or an a--hole, the court does not care. Unless it is something that has to do with something that adversely affects the children, keep bite your tongue.
2. Don't post picture of you doing a beer bong, or partying with your friends on Facebook or MySpace. You are an adult and a parent.... ACT LIKE ONE!.
3. Don't call the police on the other party for no reason just to try to get leverage on the other party. If it's not justified, the court will see right through it and it could adversely affect your chances of getting what you are requesting.
4. In Court- do not argue with the other party. Speak only to the judge and be polite and professional.
5. Do not deny the other parent any visitation they may already be entitled to just because they are behind or not paying child support. That is not an acceptable reason to the court, and it will not help you in your child custody case.
Tuesday, January 20, 2009
Tennessee Code on Child Custody
The following is a relevant portion of the Tennessee Code pertaining to child custody. Highlights have been added for emphasis. Also, note that Tennessee will take into consideration the reasonable wishes of children ages 12 and older.
36-6-106. Child custody. —
(a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. The court shall consider all relevant factors, including the following, where applicable:
(1) The love, affection and emotional ties existing between the parents or caregivers and the child;
(2) The disposition of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver;
(3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; provided, that, where there is a finding, under subdivision (a)(8), of child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, by one (1) parent, and that a nonperpetrating parent or caregiver has relocated in order to flee the perpetrating parent, that the relocation shall not weigh against an award of custody;
(4) The stability of the family unit of the parents or caregivers;
(5) The mental and physical health of the parents or caregivers;
(6) The home, school and community record of the child;
(7) (A) The reasonable preference of the child, if twelve (12) years of age or older;
(B) The court may hear the preference of a younger child on request. The preferences of older children should normally be given greater weight than those of younger children;
(8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person; provided, that, where there are allegations that one (1) parent has committed child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, against a family member, the court shall consider all evidence relevant to the physical and emotional safety of the child, and determine, by a clear preponderance of the evidence, whether such abuse has occurred. The court shall include in its decision a written finding of all evidence, and all findings of facts connected to the evidence. In addition, the court shall, where appropriate, refer any issues of abuse to the juvenile court for further proceedings;
(9) The character and behavior of any other person who resides in or frequents the home of a parent or caregiver and the person's interactions with the child; and
(10) Each parent or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child.
Find out more on How To Assert Your Parental Rights! CLICK HERE.
36-6-106. Child custody. —
(a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. The court shall consider all relevant factors, including the following, where applicable:
(1) The love, affection and emotional ties existing between the parents or caregivers and the child;
(2) The disposition of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver;
(3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; provided, that, where there is a finding, under subdivision (a)(8), of child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, by one (1) parent, and that a nonperpetrating parent or caregiver has relocated in order to flee the perpetrating parent, that the relocation shall not weigh against an award of custody;
(4) The stability of the family unit of the parents or caregivers;
(5) The mental and physical health of the parents or caregivers;
(6) The home, school and community record of the child;
(7) (A) The reasonable preference of the child, if twelve (12) years of age or older;
(B) The court may hear the preference of a younger child on request. The preferences of older children should normally be given greater weight than those of younger children;
(8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person; provided, that, where there are allegations that one (1) parent has committed child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, against a family member, the court shall consider all evidence relevant to the physical and emotional safety of the child, and determine, by a clear preponderance of the evidence, whether such abuse has occurred. The court shall include in its decision a written finding of all evidence, and all findings of facts connected to the evidence. In addition, the court shall, where appropriate, refer any issues of abuse to the juvenile court for further proceedings;
(9) The character and behavior of any other person who resides in or frequents the home of a parent or caregiver and the person's interactions with the child; and
(10) Each parent or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child.
Find out more on How To Assert Your Parental Rights! CLICK HERE.
Wednesday, January 14, 2009
Mediation and Child Custody
What is “mediation” with regard to child custody?
When parents cannot agree on who will have “custody" of their children, the judge will send them to mediation. In some states, like California, it is mandatory that parties go to mediation before they have a hearing in front of a judge.
What if the parties cannot agree on custody?
The judge may ask a “mediator” to assist the parties with making a bustody agreement or parenting plan or to suggest one. A parenting plan states who the child lives with and who makes
important decisions for the child. It also can cover visitation and child support.
What is a “mediator”?
Mediators are neutral, third parties who try to facilitate a resolution for the parties. They help
parents make parenting plans that are good for the children. Mediators know how to work with separated couples, and they are trained to understand domestic situations. If you are worried about your safety or your children’s safety and welfare, you should tell the mediator. You are permitted to speak with the mediator alone.
What do mediators do?
The mediator will try to help you make a parenting plan that:
• protects you and your children
• states how you and the other parent will make decisions about the children
• states when the child will be with each parent
Mediators also can suggest safe ways to get the children to and from visits with the other parent.
Mediators can also tell you about getting help with housing, counseling and other family related issues.
A mediator is used to try to get the parties to come to a good resolution, without the need to have a hearing before the court. However, a mediator's recommendations are not binding. If an agreement cannot be reached, then the child custody issue will go before a judge, who can make a binding decision, called an "order."
When parents cannot agree on who will have “custody" of their children, the judge will send them to mediation. In some states, like California, it is mandatory that parties go to mediation before they have a hearing in front of a judge.
What if the parties cannot agree on custody?
The judge may ask a “mediator” to assist the parties with making a bustody agreement or parenting plan or to suggest one. A parenting plan states who the child lives with and who makes
important decisions for the child. It also can cover visitation and child support.
What is a “mediator”?
Mediators are neutral, third parties who try to facilitate a resolution for the parties. They help
parents make parenting plans that are good for the children. Mediators know how to work with separated couples, and they are trained to understand domestic situations. If you are worried about your safety or your children’s safety and welfare, you should tell the mediator. You are permitted to speak with the mediator alone.
What do mediators do?
The mediator will try to help you make a parenting plan that:
• protects you and your children
• states how you and the other parent will make decisions about the children
• states when the child will be with each parent
Mediators also can suggest safe ways to get the children to and from visits with the other parent.
Mediators can also tell you about getting help with housing, counseling and other family related issues.
A mediator is used to try to get the parties to come to a good resolution, without the need to have a hearing before the court. However, a mediator's recommendations are not binding. If an agreement cannot be reached, then the child custody issue will go before a judge, who can make a binding decision, called an "order."
Friday, January 9, 2009
California Family Code Regarding Child Custody
Ever wonder what the California Code states regarding child custody? Well, here you go. Below is a key section of the Family Code in California.
3020. (a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.
(b) The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contactwould not be in the best interest of the child, as provided inSection 3011.
(c) Where the policies set forth in subdivisions (a) and (b) of this section are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.
CLICK HERE to Find Out More!
3020. (a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.
(b) The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contactwould not be in the best interest of the child, as provided inSection 3011.
(c) Where the policies set forth in subdivisions (a) and (b) of this section are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.
CLICK HERE to Find Out More!
Subscribe to:
Posts (Atom)