Friday, February 12, 2010
Jackson Mississippi Snow Days and Driving Accidents
slow down and pay attention ...stay home if you can ..but if you have an accident call us immediately at 601 212 5433. We care cause we have been where you are now.
Thursday, February 4, 2010
child support how to maximize
Child Support
Who can be ordered to pay it?
A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis.
Many states now require that child support be paid by automatic deductions from the paycheck whenever available, thus reducing the need for subsequent enforcement actions.
Click Here! Book explains it all
Child Support
How is the amount of child support determined?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.
Child Support
What efforts can be taken to collect child support from the parent who does not pay?
When a parent fails to provide support for a child, the parents need to work together to make arrangements for mutual sharing of the expense of raising the child. For all parties concerned, the best solution is often found when parents work together.
In the situation where one parent does not cooperate in sharing the responsibility for child support, the controversy should be submitted to a court. The first step is to obtain an order for the payment of child support. Further action in the court for the purpose of collecting child support can be taken if the parent owing child support fails to comply with the court order for payment of child support. Like other enforcement of judgment actions, the available remedies range from simple to complex proceedings.
Click Here! Book explains it all
Wage assignments:
The most common "tool" used to collect child support payments that are not voluntarily made is through a wage assignment order. A wage assignment order is an order of the court directing the employer to deduct the child support payment from the earnings of the obligated parent and then make this payment directly to the obligee parent.
Violation of a wage assignment order could result in the employer becoming responsible for such payment to the custodial parent. assignment orders can be obtained through a relatively simple court procedure. Once obtained, the wage assignment order must be served upon the employer of the obligor parent before it becomes effective.
Enforcement action: When the obligated parent continually fails to make support payments, the total amount of the payments due and owing but not yet paid can be set as a judgment for further enforcement proceedings. Interest on the outstanding balance is often included as part of the judgment, since many states provide for interest to accrue on outstanding orders for support. The expense of an enforcement action to collect a judgment is justified as the amount due increases. When the obligor parent has income or property, there is financial incentive to pursue enforcement efforts and, with the assistance of professionals, well worth the effort and expense.
Attachment or levy: Child support can also be collected through other procedures. For example, if the obligated parent has money in a bank, a valuable automobile, an investment in a mutual fund, or an interest in a property in the possession of a third-party, an attachment or levy can be executed. When executing a levy or attachment, care must be taken since some property is exempt. In a levy or attachment proceeding, the court can have the property of the obligated parent "seized" or taken away and given to the custodial parent. Although an obligated parent may challenge the levy or attachment in court ("claim an exemption"), it can be very effective in obtaining payment of a child support judgment. Strict adherence to the established rules for levy and attachment is required to protect an obligated parent from an allegation theft of property.
Click Here! Book explains it all
Who can be ordered to pay it?
A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis.
Many states now require that child support be paid by automatic deductions from the paycheck whenever available, thus reducing the need for subsequent enforcement actions.
Click Here! Book explains it all
Child Support
How is the amount of child support determined?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.
Child Support
What efforts can be taken to collect child support from the parent who does not pay?
When a parent fails to provide support for a child, the parents need to work together to make arrangements for mutual sharing of the expense of raising the child. For all parties concerned, the best solution is often found when parents work together.
In the situation where one parent does not cooperate in sharing the responsibility for child support, the controversy should be submitted to a court. The first step is to obtain an order for the payment of child support. Further action in the court for the purpose of collecting child support can be taken if the parent owing child support fails to comply with the court order for payment of child support. Like other enforcement of judgment actions, the available remedies range from simple to complex proceedings.
Click Here! Book explains it all
Wage assignments:
The most common "tool" used to collect child support payments that are not voluntarily made is through a wage assignment order. A wage assignment order is an order of the court directing the employer to deduct the child support payment from the earnings of the obligated parent and then make this payment directly to the obligee parent.
Violation of a wage assignment order could result in the employer becoming responsible for such payment to the custodial parent. assignment orders can be obtained through a relatively simple court procedure. Once obtained, the wage assignment order must be served upon the employer of the obligor parent before it becomes effective.
Enforcement action: When the obligated parent continually fails to make support payments, the total amount of the payments due and owing but not yet paid can be set as a judgment for further enforcement proceedings. Interest on the outstanding balance is often included as part of the judgment, since many states provide for interest to accrue on outstanding orders for support. The expense of an enforcement action to collect a judgment is justified as the amount due increases. When the obligor parent has income or property, there is financial incentive to pursue enforcement efforts and, with the assistance of professionals, well worth the effort and expense.
Attachment or levy: Child support can also be collected through other procedures. For example, if the obligated parent has money in a bank, a valuable automobile, an investment in a mutual fund, or an interest in a property in the possession of a third-party, an attachment or levy can be executed. When executing a levy or attachment, care must be taken since some property is exempt. In a levy or attachment proceeding, the court can have the property of the obligated parent "seized" or taken away and given to the custodial parent. Although an obligated parent may challenge the levy or attachment in court ("claim an exemption"), it can be very effective in obtaining payment of a child support judgment. Strict adherence to the established rules for levy and attachment is required to protect an obligated parent from an allegation theft of property.
Click Here! Book explains it all
Wednesday, February 3, 2010
Bankruptcy facts
Upon the filing of a bankruptcy under any chapter, including but not limited to Chapters 7, 13, and 11, something called the "automatic stay" kicks in when you file and automatically halts the progress of all attempts to collect all debts, including existing lawsuits, repossessing your car, and garnishing your wages. If the creditor keeps hounding you after filing, you may take legal action. If found in contempt of court, they may have to pay you money damages.
The “automatic stay” is a rule that prevents any creditor from doing anything at all to enforce a claim against a debtor during the bankruptcy case. The granting of the stay depends on how many bankruptcies you have filed within 1 year.
Some examples of actions by a creditor that would violate the stay are these:
(1) Filing a new lawsuit, or continuing to press a lawsuit that had already been filed.
(2) Sending dunning letters or making phone calls in an attempt to collect a debt.
(3) Filing a “financing statement” to perfect a security interest.
(4) Refusing to issue a transcript of your schooling.
(5) Canceling your driver’s license.
Exceptions: Criminal prosecution, paternity proceedings, litigation to collect child support or alimony, repaying a loan from certain types of pensions, and IRS audits are not stopped. With residential real estate leases, landlords seeking to evict tenants are free to complete evictions if the landlord already has a judgment of possession or where the eviction is based on endangerment or use of illegal substances on the leased premises. Moreover, the automatic stay doesn't stop or postpone actions to suspend driver's licenses and revoke professional licenses.
utility company may not shut off service solely because you file bankruptcy or because you owe them money at the time you file. However, if you don’t give them an adequate deposit or other assurance of payment within 20 days after filing, the Bankruptcy Code allows them to shut off service. State utility regulations frequently have provisions that restrict utility shutoffs, however. For example, your state may not allow an energy company to shut off service during the winter months if that would deprive you of heat. Also for example, your state may not allow certain kinds of utility to demand a deposit from anyone.
Click Here! For more information on bankruptcy
Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be discharged in a bankruptcy proceeding. The automatic stay does not apply to child support collection efforts.
Under the post-October 17, 2005 rules, domestic support obligations are top priority in a Chapter 7 "asset case", where there are funds to pay creditors. The debtor should file a proof of claim to have most of his or her liquidated estate used to pay off the child support obligation.
In a Chapter 13 case, your back child support payments will be paid through your Chapter 13 plan, in addition to the regular payments due after the petition date. These support obligations must be current in order to have your Chapter 13 plan confirmed. Moreover, to obtain a discharge in a Chapter 13 case, the debtor will have to certify that all post-petition child support obligations have been met.
To put it another way, your ex's bankruptcy case shouldn't have any long-term effect on child support payments - and may even make it easier for him/her to make them, because he/she won't have as much other debt - but will complicate enforcement in the short term. Practically speaking, you will need an attorney's help.
Click Here! Info on child support
Filing a Chapter 7 case only temporarily sidetracks a lender's right to foreclose until it gets permission to go forward with the foreclosure proceedings by requesting and receiving "relief from the automatic stay" from the court. That relief is likely to be granted unless you can immediately bring your account up to date, demonstrate a likelihood and that you'll continue to make payments when due, and show that your equity in the home provides a sufficient "cushion" for the lender. In some bankruptcy districts, you must also negotiate a formal "reaffirmation agreement" with the lender.
A Chapter 7 never permanently stops a foreclosure, unless the creditor agrees and homestead (exemption) laws stop the trustee from selling the property.
Most people who file for bankruptcy have big back payments due on their mortgage that they can't pay off right away. The solution to that problem that allows them to keep their home is to file under Chapter 13 bankruptcy. The Chapter 13 plan provides for continuing monthly payments on the mortgage and paying off the amount in back payments over the life of the plan (three to five years).
Click Here!Foreclosure Defense Secrets here
The “automatic stay” is a rule that prevents any creditor from doing anything at all to enforce a claim against a debtor during the bankruptcy case. The granting of the stay depends on how many bankruptcies you have filed within 1 year.
Some examples of actions by a creditor that would violate the stay are these:
(1) Filing a new lawsuit, or continuing to press a lawsuit that had already been filed.
(2) Sending dunning letters or making phone calls in an attempt to collect a debt.
(3) Filing a “financing statement” to perfect a security interest.
(4) Refusing to issue a transcript of your schooling.
(5) Canceling your driver’s license.
Exceptions: Criminal prosecution, paternity proceedings, litigation to collect child support or alimony, repaying a loan from certain types of pensions, and IRS audits are not stopped. With residential real estate leases, landlords seeking to evict tenants are free to complete evictions if the landlord already has a judgment of possession or where the eviction is based on endangerment or use of illegal substances on the leased premises. Moreover, the automatic stay doesn't stop or postpone actions to suspend driver's licenses and revoke professional licenses.
utility company may not shut off service solely because you file bankruptcy or because you owe them money at the time you file. However, if you don’t give them an adequate deposit or other assurance of payment within 20 days after filing, the Bankruptcy Code allows them to shut off service. State utility regulations frequently have provisions that restrict utility shutoffs, however. For example, your state may not allow an energy company to shut off service during the winter months if that would deprive you of heat. Also for example, your state may not allow certain kinds of utility to demand a deposit from anyone.
Click Here! For more information on bankruptcy
Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be discharged in a bankruptcy proceeding. The automatic stay does not apply to child support collection efforts.
Under the post-October 17, 2005 rules, domestic support obligations are top priority in a Chapter 7 "asset case", where there are funds to pay creditors. The debtor should file a proof of claim to have most of his or her liquidated estate used to pay off the child support obligation.
In a Chapter 13 case, your back child support payments will be paid through your Chapter 13 plan, in addition to the regular payments due after the petition date. These support obligations must be current in order to have your Chapter 13 plan confirmed. Moreover, to obtain a discharge in a Chapter 13 case, the debtor will have to certify that all post-petition child support obligations have been met.
To put it another way, your ex's bankruptcy case shouldn't have any long-term effect on child support payments - and may even make it easier for him/her to make them, because he/she won't have as much other debt - but will complicate enforcement in the short term. Practically speaking, you will need an attorney's help.
Click Here! Info on child support
Filing a Chapter 7 case only temporarily sidetracks a lender's right to foreclose until it gets permission to go forward with the foreclosure proceedings by requesting and receiving "relief from the automatic stay" from the court. That relief is likely to be granted unless you can immediately bring your account up to date, demonstrate a likelihood and that you'll continue to make payments when due, and show that your equity in the home provides a sufficient "cushion" for the lender. In some bankruptcy districts, you must also negotiate a formal "reaffirmation agreement" with the lender.
A Chapter 7 never permanently stops a foreclosure, unless the creditor agrees and homestead (exemption) laws stop the trustee from selling the property.
Most people who file for bankruptcy have big back payments due on their mortgage that they can't pay off right away. The solution to that problem that allows them to keep their home is to file under Chapter 13 bankruptcy. The Chapter 13 plan provides for continuing monthly payments on the mortgage and paying off the amount in back payments over the life of the plan (three to five years).
Click Here!Foreclosure Defense Secrets here
Family Law Practice ..7 questions to ask
What is marital status?
Marital status refers to the lawful recognition of the agreement between a man and a woman to be husband and wife. Along with the legal marital status of being married, the husband and wife acquire rights and obligations to their respective spouses. The rights and obligations begin when the couple is married and may continue, to a certain extent, even after the termination of the marriage.
Marital status is one of the basic issues involved in a lawsuit for divorce (marital dissolution) or an annulment (nullity). At the end of a marital dissolution or nullity proceeding, the legal status of husband and wife is terminated and the spouses are returned to the legal status of being unmarried or single persons.
Marital status is automatically terminated upon the death of one spouse; the survivor becomes an unmarried person once again.
Click Here! hard hitting divorce advice
Can a couple become legally married by living together as man and wife under mississippi’s laws?
No
However a couple legally married at common law in another state is regarded as married in all states.
How can I obtain a tax deduction for a support payment?
In order for a support payment (other than any child support payment) to be eligible for an income tax deduction by the payer spouse, the following requirements must be met:
(1) The payment must be made in cash (including checks and money orders payable on demand, but excluding transfers of services or property)
(2) The payment must be made under either
(a) a divorce or separation instrument (a court order or decree of divorce or separation or a written instrument incident to such a decree or a decree which requires a spouse to make payments for the support or maintenance of the other spouse), or
(b) a written separation agreement between a husband and wife who are living apart requiring periodic payments because of the marital or family relationship (whether or not the agreement is a legally enforceable instrument)
(3) The spouses do not file a joint income tax return
(4) The written instrument or agreement does not provide for other tax treatment, and
(5) The payer has no liability to continue to make payment after the death of the other spouse.
Any child support included as part of an alimony, family support, separate maintenance or spousal support payment is not eligible for a deduction by the payer and is not taxable income to the supported spouse according to Federal income tax rules.
Click Here! hard hitting divorce advice
What is ‘legal separation?’
Legal separation is a formal judgment issued by a court of law that all the issues concerning a marriage have been resolved (child custody, child visitation, child support, spousal support, distribution of property, attorney fees, and personal conduct) with the exception of marital status. A judgment of a legal separation lawsuit leaves the couple with the legal status of married persons while settling the respective rights and obligations that each spouse has to the other. Spouses who are legally separated are not free to marry since neither has been returned to the legal status of an unmarried (single) person.
Legal separation is usually pursued when the parties want to stay married for religious reasons, want the advantage of deductability of spousal support payments for income tax reasons, or are do not want to wait the state statutory waiting period for termination of marital status. For some people, a legal separation is desired to set the parameters for dealing with one another while living separate and apart (especially with respect to continuing support obligations and child sharing issues) while maintaining the status of being married, and leaving the door open for a reunion/resumption of marriage.
Legal separation is not a prerequisite to divorce
Can a court order payment of support during the marriage?
Depending upon state law, one spouse may be ordered to pay support to the other spouse. One spouse may bring a lawsuit against the other spouse for his/her failure to provide support. In addition, if a county furnishes support to a spouse, the county may seek a court order to obtain reimbursement for support furnished, continuing support and attorney fees incurred in the action.
Can a court order spousal support before court date ?
Depending upon state law, one spouse may be ordered to pay support to the other spouse. One spouse may bring a lawsuit against the other spouse for his/her failure to provide support. In addition, if a county furnishes support to a spouse, the county may seek a court order to obtain reimbursement for support furnished, continuing support and attorney fees incurred in the action.
What is the difference between a ‘fault’ and a ‘no fault’ divorce?
Some states allow termination of marital status on both a basis of fault and alternatively on the basis of no fault. Grounds for fault include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease. The respective rights to distribution of property and spousal support can be affected by a spouse's fault in causing the breakdown of the marriage in some states.
In a no fault dissolution of marriage, a declaration by one spouse of the marriage that irreconcilable differences have arisen that neither time nor counseling will cure is sufficient grounds for a court to terminate the marriage and return the former spouses to the legal status of unmarried (single) persons. In a no fault divorce or dissolution of marriage, the actions of the respective spouses in the breakdown of the marriage does not affect property distribution or spousal support rights.
Mississippi is an option state.
Click Here! hard hitting divorce advice
How long will a spouse have to pay (or be able to receive) alimony?
Depending on the particular circumstances, alimony is ordered to be paid during the time period that the supported spouse is seeking education, training, and marketable job skills in order to establish a career or otherwise become self-supportive. Consideration of the responsibility for providing child care during the early years of a minor child factors into this determination.
If the supported spouse is of advanced age or suffers from a medical problem which would prevent this spouse from obtaining a career (thus preventing him/her from becoming self-supportive), alimony could be "permanent" (but subject to future modification based upon a material change in circumstances).
If there was a long term marriage (in California, for example, a marriage of ten years or longer is considered a long term marriage), a court may have continuing jurisdiction over the issue of spousal support. With continuing jurisdiction, a court may change the amount or duration of alimony payments from one spouse to the other any time in the future (although a material change in circumstances is usually necessary).In addition, typically a court order for alimony terminates upon the death or remarriage of the supported spouse.
I have taped some very abusive and harassing telephone conversations my , but am told that we cannot use these tapes in the court. Why?
Surreptitious tape recordings by telephone are illegal in most States, under their respective Penal (or Criminal) Codes. You must have permission, in most States, from the party being recorded or, at the very least, give the other person notice that the call is being recorded.
Can an ex-fiance go to court to get the ring back?
Whether you have to return a wedding ring if the wedding is called off depends on where you live and under what circumstances the ring came into your possession. It may also depend on who broke the engagement.
In the convoluted world of domestic relations, perhaps nothing is more confusing than the so-called "heart balm" statutes that were made the law in each of the various states, and then abolished more than a half century ago to be replaced with a hodgepodge of custom and modernity.
For the past 30 years, at least in New York, persons not under any impediment to marry have had the right to recover property given in contemplation of a marriage that didn't occur.
But in California, the courts have long called the gift of an engagement ring "implied conditional," and require its return on the breaking of the engagement by the recipient of the gift. However, if the man breaks the engagement, he cannot obtain the ring.
Engagement rings differ from other rings or jewelry in a number of states, which clearly are gifts that have no relationship to a marriage. And, if the relationship breaks up and the man wants it back, he must be prepared to lose the argument and to have no legal redress.
Other typical engagement gifts that are given by the intended to the beloved are treated the same way as state law treats the engagement ring.
When a marriage breaks up, there is a divorce, and the laws of all 50 states are geared to deal with it. An engagement breakup is less typical, and causes more headaches precisely because the parties frequently have no agreement that defines their rights.
There are a number of cases in which a married man, awaiting dissolution of a prior marriage, has become involved with a prospect for the position soon to be opening up, and gives an "engagement" ring to seal the transaction. If the relationship sours, the man cannot obtain the ring back since he lacked the legal right to enter the contract in the first place--because he was still married.
It's not the "right" emotional way to begin a marriage or an engagement, but if there is a valuable heirloom that you are planning to give your beloved, you may want to obtain a prenuptial agreement in which the disposition of this or other property is made clear should the marriage or the engagement sour, or if there is a problem in the short term following the marriage.
A prenuptial agreement is something that every contemporary couple planning to marry ought to carefully consider. It outlines certain rights, creates certain liabilities, but most important, sets forth what each party entering into matrimony expects of the other. It may sound callous, and may not be for everyone, but if the assets of the parties are sufficient, it is in the interest of both to do so while their heads are clear, and before the parties plan a life together.
If the assets aren't substantial, but the issues are the same, the parties can draw up a letter of agreement on their own: "We agree that in the event that the marriage does not take place that the following is the disposition of gifts received, including the engagement ring."
Marital status refers to the lawful recognition of the agreement between a man and a woman to be husband and wife. Along with the legal marital status of being married, the husband and wife acquire rights and obligations to their respective spouses. The rights and obligations begin when the couple is married and may continue, to a certain extent, even after the termination of the marriage.
Marital status is one of the basic issues involved in a lawsuit for divorce (marital dissolution) or an annulment (nullity). At the end of a marital dissolution or nullity proceeding, the legal status of husband and wife is terminated and the spouses are returned to the legal status of being unmarried or single persons.
Marital status is automatically terminated upon the death of one spouse; the survivor becomes an unmarried person once again.
Click Here! hard hitting divorce advice
Can a couple become legally married by living together as man and wife under mississippi’s laws?
No
However a couple legally married at common law in another state is regarded as married in all states.
How can I obtain a tax deduction for a support payment?
In order for a support payment (other than any child support payment) to be eligible for an income tax deduction by the payer spouse, the following requirements must be met:
(1) The payment must be made in cash (including checks and money orders payable on demand, but excluding transfers of services or property)
(2) The payment must be made under either
(a) a divorce or separation instrument (a court order or decree of divorce or separation or a written instrument incident to such a decree or a decree which requires a spouse to make payments for the support or maintenance of the other spouse), or
(b) a written separation agreement between a husband and wife who are living apart requiring periodic payments because of the marital or family relationship (whether or not the agreement is a legally enforceable instrument)
(3) The spouses do not file a joint income tax return
(4) The written instrument or agreement does not provide for other tax treatment, and
(5) The payer has no liability to continue to make payment after the death of the other spouse.
Any child support included as part of an alimony, family support, separate maintenance or spousal support payment is not eligible for a deduction by the payer and is not taxable income to the supported spouse according to Federal income tax rules.
Click Here! hard hitting divorce advice
What is ‘legal separation?’
Legal separation is a formal judgment issued by a court of law that all the issues concerning a marriage have been resolved (child custody, child visitation, child support, spousal support, distribution of property, attorney fees, and personal conduct) with the exception of marital status. A judgment of a legal separation lawsuit leaves the couple with the legal status of married persons while settling the respective rights and obligations that each spouse has to the other. Spouses who are legally separated are not free to marry since neither has been returned to the legal status of an unmarried (single) person.
Legal separation is usually pursued when the parties want to stay married for religious reasons, want the advantage of deductability of spousal support payments for income tax reasons, or are do not want to wait the state statutory waiting period for termination of marital status. For some people, a legal separation is desired to set the parameters for dealing with one another while living separate and apart (especially with respect to continuing support obligations and child sharing issues) while maintaining the status of being married, and leaving the door open for a reunion/resumption of marriage.
Legal separation is not a prerequisite to divorce
Can a court order payment of support during the marriage?
Depending upon state law, one spouse may be ordered to pay support to the other spouse. One spouse may bring a lawsuit against the other spouse for his/her failure to provide support. In addition, if a county furnishes support to a spouse, the county may seek a court order to obtain reimbursement for support furnished, continuing support and attorney fees incurred in the action.
Can a court order spousal support before court date ?
Depending upon state law, one spouse may be ordered to pay support to the other spouse. One spouse may bring a lawsuit against the other spouse for his/her failure to provide support. In addition, if a county furnishes support to a spouse, the county may seek a court order to obtain reimbursement for support furnished, continuing support and attorney fees incurred in the action.
What is the difference between a ‘fault’ and a ‘no fault’ divorce?
Some states allow termination of marital status on both a basis of fault and alternatively on the basis of no fault. Grounds for fault include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease. The respective rights to distribution of property and spousal support can be affected by a spouse's fault in causing the breakdown of the marriage in some states.
In a no fault dissolution of marriage, a declaration by one spouse of the marriage that irreconcilable differences have arisen that neither time nor counseling will cure is sufficient grounds for a court to terminate the marriage and return the former spouses to the legal status of unmarried (single) persons. In a no fault divorce or dissolution of marriage, the actions of the respective spouses in the breakdown of the marriage does not affect property distribution or spousal support rights.
Mississippi is an option state.
Click Here! hard hitting divorce advice
How long will a spouse have to pay (or be able to receive) alimony?
Depending on the particular circumstances, alimony is ordered to be paid during the time period that the supported spouse is seeking education, training, and marketable job skills in order to establish a career or otherwise become self-supportive. Consideration of the responsibility for providing child care during the early years of a minor child factors into this determination.
If the supported spouse is of advanced age or suffers from a medical problem which would prevent this spouse from obtaining a career (thus preventing him/her from becoming self-supportive), alimony could be "permanent" (but subject to future modification based upon a material change in circumstances).
If there was a long term marriage (in California, for example, a marriage of ten years or longer is considered a long term marriage), a court may have continuing jurisdiction over the issue of spousal support. With continuing jurisdiction, a court may change the amount or duration of alimony payments from one spouse to the other any time in the future (although a material change in circumstances is usually necessary).In addition, typically a court order for alimony terminates upon the death or remarriage of the supported spouse.
I have taped some very abusive and harassing telephone conversations my , but am told that we cannot use these tapes in the court. Why?
Surreptitious tape recordings by telephone are illegal in most States, under their respective Penal (or Criminal) Codes. You must have permission, in most States, from the party being recorded or, at the very least, give the other person notice that the call is being recorded.
Can an ex-fiance go to court to get the ring back?
Whether you have to return a wedding ring if the wedding is called off depends on where you live and under what circumstances the ring came into your possession. It may also depend on who broke the engagement.
In the convoluted world of domestic relations, perhaps nothing is more confusing than the so-called "heart balm" statutes that were made the law in each of the various states, and then abolished more than a half century ago to be replaced with a hodgepodge of custom and modernity.
For the past 30 years, at least in New York, persons not under any impediment to marry have had the right to recover property given in contemplation of a marriage that didn't occur.
But in California, the courts have long called the gift of an engagement ring "implied conditional," and require its return on the breaking of the engagement by the recipient of the gift. However, if the man breaks the engagement, he cannot obtain the ring.
Engagement rings differ from other rings or jewelry in a number of states, which clearly are gifts that have no relationship to a marriage. And, if the relationship breaks up and the man wants it back, he must be prepared to lose the argument and to have no legal redress.
Other typical engagement gifts that are given by the intended to the beloved are treated the same way as state law treats the engagement ring.
When a marriage breaks up, there is a divorce, and the laws of all 50 states are geared to deal with it. An engagement breakup is less typical, and causes more headaches precisely because the parties frequently have no agreement that defines their rights.
There are a number of cases in which a married man, awaiting dissolution of a prior marriage, has become involved with a prospect for the position soon to be opening up, and gives an "engagement" ring to seal the transaction. If the relationship sours, the man cannot obtain the ring back since he lacked the legal right to enter the contract in the first place--because he was still married.
It's not the "right" emotional way to begin a marriage or an engagement, but if there is a valuable heirloom that you are planning to give your beloved, you may want to obtain a prenuptial agreement in which the disposition of this or other property is made clear should the marriage or the engagement sour, or if there is a problem in the short term following the marriage.
A prenuptial agreement is something that every contemporary couple planning to marry ought to carefully consider. It outlines certain rights, creates certain liabilities, but most important, sets forth what each party entering into matrimony expects of the other. It may sound callous, and may not be for everyone, but if the assets of the parties are sufficient, it is in the interest of both to do so while their heads are clear, and before the parties plan a life together.
If the assets aren't substantial, but the issues are the same, the parties can draw up a letter of agreement on their own: "We agree that in the event that the marriage does not take place that the following is the disposition of gifts received, including the engagement ring."
Subscribe to:
Comments (Atom)
