Author Archive

« Older Entries

Montana divorce laws and child support and alimony laws

Monday, January 2nd, 2012  
tweets

Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion.

Child Custody: When minor children are involved in a dissolution of marriage, the Montana courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

The court shall determine the custody arrangement and parenting plan in accordance with the best interest of the child. The court shall consider all relevant parenting factors, which may include but are not limited to:

(a) the wishes of the child’s parent or parents;

(b) the wishes of the child;

(c) the interaction and interrelationship of the child with the child’s parent or parents and siblings and with any other person who significantly affects the child’s best interest;

(d) the child’s adjustment to home, school, and community;

(e) the mental and physical health of all individuals involved;

(f) physical abuse or threat of physical abuse by one parent against the other parent or the child;

(g) chemical dependency, or chemical abuse on the part of either parent;

(h) continuity and stability of care;

(i) developmental needs of the child;

(j) whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child’s best interests;

(k) whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child’s best interests;

(l) whether the child has frequent and continuing contact with both parents, which is considered to be in the child’s best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child’s best interests.

(m) adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.

Child Support: Montana child support guidelines uses the Percentage of Income formula which calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child. This method simply applies a percentage to the income of the parent according to the number of children requiring support.

The court shall determine the child support obligation by applying the support standards, guidelines and worksheets. The court will also consider the following without regard to marital fault or misconduct:

(a) the financial resources of the child;

(b) the financial resources of the parents;

(c) the standard of living that the child would have enjoyed had the marriage not been dissolved;

(d) the physical and emotional condition of the child and the child’s educational and medical needs;

(e) the age of the child;

(f) the cost of day care for the child;

(g) any parenting plan that is ordered or decided upon; and

(h) the needs of any person, other than the child, whom either parent is legally obligated to support.

If the court finds that a delinquency greater than the total of 6 months of support is owed and that the obligated person has the ability to post bond, give a mortgage, or provide security or other guaranty, the court may enter an order requiring the obligated person to post bond, give a mortgage, or provide security or guaranty for so long as there is a support delinquency.

State Abbreviation MT
Statehood November 8, 1889
State Capital Helena
Number of Counties 56
State Population (2005) 935,670
State Quarter Issue Date January 29, 2007
State Flower Bitterroot
Nickname Treasure State
State Flag Montana State Flag
Area Codes 406
Top 5 Cities (2000 population)
Billings 89,847
Missoula 57,053
Great Falls 56,690
Butte-Silver Bow* 34,606
Bozeman 27,509
* The city is coextensive with Silver Bow County.
Major Sports Teams None

Tags: , ,
Posted in Alimony, Child Custody, Montana divorce laws and child support and alimony laws | Comments Off

South Dakota divorce laws and child support and alimony laws

Thursday, December 15th, 2011  
tweets

In order to file for a divorce in South Dakota, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services, and in order that each party be entitled to the entry of a decree or judgment of divorce or separate maintenance, that residence or military presence must be maintained until the decree is entered. The divorce may be filed in the county in which either spouse resides. The defendant has a legal right to have the case transferred to his or her county if desired. There is also a 60 day waiting period that must elapse after the date of filing before the divorce will be granted.

Grounds for Filing:
The Complaint for Divorce must declare the appropriate South Dakota grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

Grounds for divorce.
Divorces may be granted for any of the following causes:

  1. No-Fault: Irreconcilable differences.
  2. Fault: (1) Adultery; 2) Extreme cruelty; (3) Willful desertion; (4) Willful neglect; (5) Habitual intemperance; (6) Conviction of felony;

Definitions

  1. Extreme cruelty defined. Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage.
  2. Willful desertion defined–Special conditions applicable. Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert.
  3. Adultery defined. Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married.

Filing Spouse Title: Plaintiff. The Plaintiff is the spouse who initiates the filing procedure with the family law or domestic relations court.

Non-Filing Spouse Title: Defendant. The Defendant is the spouse who does not file the initial divorce papers, but rather receives them by service.

Court Name: State of South Dakota, County of __________, In the Circuit Court, __________ Judicial District. This is the South Dakota court where the divorce will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.

Primary Documents: Complaint for Divorce and Decree of Divorce.
These are the essential documents needed to start and finalize a divorce according to South Dakota law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Verification, Marital Settlement Agreement, Affidavit of Proof for Stipulated Judgment, Financial Affidavit, and Notice of Final Hearing.

Court Clerk’s Title: Office of the Clerk of the County Circuit Court.
The clerk or the clerk’s assistants will be the people managing your paperwork with the court. The clerk’s office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.

Child Custody: When minor children are involved in a divorce, the South Dakota courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

The court will award sole or joint custody based on the standards of what is in the best interests of the children. The court will consider the following; marital misconduct only if it is relevant to the further well being of the child; the child wishes depending on age and maturity; and the expressed desires of the parents. The court will not discriminate based on the parents gender.

Any agreement by the parties for visitation other than the standard guidelines shall be in writing, signed by both parties and filed with the court. The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously filed.

Child Support: South Dakota child support guidelines are based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2′s and child support worksheets are available at the courthouse.

Child support is determined by the state guidelines, which is based primarily on the income of each parent. Income is defined as follows: (1) Compensation paid to an employee for personal services, whether salary, wages, commissions, bonus, or otherwise designated; (2) Self-employment income including gain, profit, or loss from a business, farm, or profession; (3) Periodic payments from pensions or retirement programs, including social security or veteran’s benefits, disability payments, or insurance contracts; (4) Interest, dividends, rentals, royalties, or other gain derived from investment of capital assets; (5) Gain or loss from the sale, trade, or conversion of capital assets; (6) Unemployment insurance benefits; (7) Worker’s compensation benefits; and (8) Benefits in lieu of compensation including military pay allowances.

If the income of the parents is derived from seasonal employment, or received in payments other than regular, recurring payments, such income shall be annualized to determine a monthly average income.

If a child’s needs are not being met through the income of the parents, assets shall be considered. If the parents have savings, life insurance or other assets in amounts unrelated to income, these holdings shall be considered. The parents’ ability to borrow may be used to determine financial ability.
Property Distribution:
Since South Dakota is an “equitable distribution” state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

When a divorce is granted and the parties have not agreed otherwise, the courts may make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife. In making such division of the property, the court shall have regard for equity and the circumstances of the parties.

Fault shall not be taken into account with regard to the awarding of property, except as it may be relevant to the acquisition of property during the marriage.

The courts will consider the following factors when making a property award upon divorce; the contribution each spouse had to the acquisition of the marital property; the value of each spouses separate property; the amount of time the spouse have been married; the age and health condition of each spouse; the current and future earning capacity of each spouse; and the value of the property being distribution as well as the income potential of that property.

Restoration or Name Change: Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit.
Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion.

Allowance for support when divorce granted. Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and the court may from time to time modify its orders in these respects. The factors the court will consider when establishing a support award are as follows; the length of the marriage; the financial repercussions of each spouse; the financial resources of each spouse; the age of the spouses; the health condition of the spouses; and the marital fault that caused the divorce if any.

The department shall enforce the support obligation due to a spouse or former spouse who is living with his or her child, but only if a support obligation has been established for the spouse and the child support obligation is being enforced.

Counseling or Mediation Requirements: If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for a period not to exceed thirty days. During the period of the continuance, the court may enter any order for the support and maintenance of the parties, the custody, support, maintenance, and education of the minor children of the marriage, attorney fees, and for the preservation of the property of the parties. At any time after the termination of the thirty-day period, either party may move for the dissolution of the marriage or a legal separation, and the court may enter its judgment decreeing the dissolution or separation.

State Abbreviation SD
Statehood November 2, 1889
State Capital Pierre
Number of Counties 66
State Population (2005) 775,933
State Quarter Issue Date November 6, 2006
State Flower American pasqueflower
Nickname Mount Rushmore State, Coyote State
State Flag South Dakota State Flag
Area Codes 605
Top 5 Cities (2000 population)
Sioux Falls 123,975
Rapid City 59,607
Aberdeen 24,658
Watertpwm 20,237
Brookings 18,504
Major Sports Teams None

Tags: , , ,
Posted in Alimony, Child Support, Divorce Advice, Divorce advice for men, Divorce Facts, South Dakota divorce laws | Comments Off

Divorce is not pretty. It doesn’t take a psychology degree to see such a simple truth.

Tuesday, September 27th, 2011  
tweets

“When two people decide to get a divorce, it isn’t a sign that they don’t understand one another, but a sign they have, at last, begun to.” – Helen Rowland

Divorce is not pretty. It doesn’t take a psychology degree to see such a simple truth. When two people who thought they would spend the rest of their lives together decide to part ways, there is anger, resentment and loss. While there has been a significant amount of attention paid to
how women handle the depression and other negative effects of divorce, little attention has been focused on how men react as a result of ending a marriage.

In 2008, it was estimated that almost 40% of marriages ended in divorce. The statistics for second marriages are even worse. Lives are changed. And while it seems the focus is on men who leave, the fact is that the majority of divorces are filed by women. No one disputes that divorce is
hard on everyone.

In general, men are defined by more than just their status in a marriage. No one scoffs at a lifelong bachelor (just consider the terms:  achelor and old maid? Who’s getting judged, just by words alone?). A man who doesn’t want children isn’t viewed the same way a woman would be. Rather, a man finds meaning in his relationships, but also in the car he drives, the sports he plays, but most of all, by the job he performs. Losing a wife is painful, but studies have demonstrated that divorce causes less anxiety and stress for a man than unemployment does.

In contrast to losing a job, men do not suffer the depression in a divorce that they do in unemployment. After a divorce, a woman’s standard of living drops by 73%. Her ex-husband, on the other hand? His standard of living increases by 42%. It’s going to get a whole lot better soon.

A man gets divorced. Now what? He still has his job. Men find their identity through their work.  Thousands of years ago, men hunted to put food on the family table. They cleared land and built homes. Men were craftsmen, shopkeepers, doctors, and law men. They raised crops and livestock to feed the nation. Maybe you’re saying goodbye to one kind of life, but you’re still putting food on the table.

Remember, there is always someone worse off than the recently divorced male. Take the workers at the ArcelorMittal steel plant in Lackawanna, New York, just south of Buffalo that closed in 2009.  Within three months of the announcement, two men had died of heart attacks and one found
himself recovering from angioplasty in which three stents were placed in his heart. Losing your wife or losing your life? Neither is an appealing option, but living most certainly trumps dying on any given day. Of course, nobody lives their life dreaming of the day they’ll serve their divorce papers, at the end of the day, losing your wife isn’t as bad as losing your job.

Posted in Divorce Facts | Comments Off

Illinois divorce laws and child support and alimony laws

Friday, August 26th, 2011  
tweets

State Divorce Laws

Residency and Filing Requirements: In order to file for a dissolution of marriage in Illinois, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 104 and 401)

Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate Illinois grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:

The grounds for dissolution of marriage are as follows:

No-Fault:
That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court.

Fault:
(1) naturally impotent; (2) the respondent had a wife or husband living at the time of the marriage; (3) the respondent had committed adultery subsequent to the marriage; (4) the respondent has wilfully deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation;( 5) the respondent has been guilty of habitual drunkenness for the space of 2 years; (6) the respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years (7) the respodent has been guilty of extreme and repeated physical or mental cruelty (8) the respodent has been convicted of a felony or other infamous crime (9) the respondent has infected the other with a sexually transmitted disease. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 401)

 


Child Custody: When minor children are involved in a dissolution of marriage, the Illinois courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion. Filing Spouse Title: Petitioner. The Petitioner is the spouse who initiates the filing procedure with the family law or domestic relations court.

 

Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion.

In a proceeding for dissolution of marriage a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including: (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (2) the needs of each party; (3) the present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the age and the physical and emotional condition of both parties; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; (10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (11) any valid agreement of the parties; and (12) any other factor that the court expressly finds. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 504)

Non-Filing Spouse Title: Respondent. The Respondent is the spouse who does not file the initial dissolution of marriage papers, but rather receives them by service.

Court Name: In the Circuit Court of the __________ Judicial District, __________ County, Illinois. This is the Illinois court where the dissolution of marriage will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.

Primary Documents: Petition for Dissolution of Marriage and Judgment for Dissolution of Marriage. These are the essential documents needed to start and finalize a dissolution of marriage according to Illinois law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Verification Statement, Waiver of Two Year Statutory Period of Separation, Financial Disclosure Statement, and Entry of Appearance, Waiver, and Consent.

Court Clerk’s Title: Office of the Clerk of the County Circuit Court. The clerk or the clerk’s assistants will be the people managing your paperwork with the court. The clerk’s office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.

Property Distribution: Since Illinois is an “equitable distribution” state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

If the parties cannot otherwise agree, the court will equitably divided the marital property. Marital property is defined all property acquired by either spouse subsequent to the marriage, except the following, which is known as “non-marital property”: (1) property acquired by gift, legacy or descent; (2) property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent; (3) property acquired by a spouse after a judgment of legal separation; (4) property excluded by valid agreement of the parties; (5) any judgment or property obtained by judgment awarded to a spouse from the other spouse; (6) property acquired before the marriage; (7) the increase in value of property; (8) income from property acquired.

The court shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including: (1) the contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit; (2) the dissipation by each party of the marital or non-marital property; (3) the value of the property assigned to each spouse; (4) the duration of the marriage; (5) the relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children; (6) any obligations and rights arising from a prior marriage of either party; (7) any antenuptial agreement of the parties; (8) the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; (9) the custodial provisions for any children; (10) whether the apportionment is in lieu of or in addition to maintenance; (11) the reasonable opportunity of each spouse for future acquisition of capital assets and income; and (12) the tax consequences of the property division upon the respective economic circumstances of the parties. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 503)

Restoration or Name Change: Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 413)

Counseling or Mediation Requirements: If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own motion, may order a conciliation conference. The conciliation conference and counseling shall take place at the established court conciliation service of that judicial district or at any similar service or facility where no court conciliation service has been established. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 404)

The court shall determine custody in accordance with the best interest of the child and shall not consider marital conduct. The court shall consider all relevant factors including: (1) the wishes of the child’s parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest; (4) the child’s adjustment to his home, school and community; (5) the mental and physical health of all individuals involved; (6) the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person; (7) the occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

When the court is to determine whether or not a joint custody arrangement is in the best interests of the children it shall consider these following factors; (1) the wishes of the child’s parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest; (4) the child’s adjustment to his home, school and community; (5) the mental and physical health of all individuals involved; (6) the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person; (7) the occurrence of ongoing abuse, whether directed against the child or directed against another person; (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; and (9) whether one of the parents is a sex offender. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 602, 603 and 610)

Child Support: Illinois child support guidelines uses the Percentage of Income formula which calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child. This method simply applies a percentage to the income of the parent according to the number of children requiring support.

If the parties cannot agree to a support amount, the court will apply the support guidelines. If the court makes a finding that the application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors: (a) the financial resources and needs of the child; (b) the financial resources and needs of the custodial parent; (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child, and his educational needs; and (e) the financial resources and needs of the non-custodial parent.

If the court deviates from the guidelines, the court’s finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 505, 507)
State Abbreviation IL
Statehood December 3, 1818
State Capital Springfield
Number of Counties 102
State Population (2005) 12,763,371
State Quarter Issue Date January 2, 2003
State Flower Violet
Nickname Prairie State
State Flag Illinois State Flag
Area Codes 217, 224, 282, 309, 312, 331, 464, 618, 630, 708, 773, 815, 847, 872
Top 5 Cities (2000 population)
Chicago 2,896,016
Rockford 150,115
Aurora 142,990
Naperville 128,358
Peoria 112,936
Major Sports Teams MLB: Chicago Cubs, Chicago White Sox
NFL: Chicago Bears
NBA: Chicago Bulls
NHL: Chicago Blackhawks

 

Posted in Alimony, Child Custody, Illinois Alimony Laws, Illinois Child Support Laws, Illinois Divorce Laws | Comments Off

YIKES! Guys watchout – sites like this are on the rise!

Thursday, August 11th, 2011  
tweets

We can help you get ahead of the game -

http://www.totaldivorce.com/blog/2011/08/11/attorney-urges-happily-married-women-to-learn-more-about-divorce/

Posted in Child Custody | Comments Off

New Jersey divorce laws and child support and alimony laws

Thursday, August 11th, 2011  
tweets

There are 4 types of Alimony are permitted in New Jersey:

  • Limited duration alimony
  • Permanent alimony
  • Reimbursement alimony
  • Rehabilitative alimony

Frequently asked Questions -Click here

Limited duration alimony is awarded when economic assistance is necessary for a limited time. In determining the length of the term, the court must consider the length of time it would reasonably take for the recipient to improve his or her earning capacity to a point where limited duration alimony is no longer needed.

Limited duration alimony is not awarded as a substitute for permanent alimony in a case where permanent alimony would otherwise be awarded. The court may modify the amount of the award but not the duration except in unusual circumstances. The length of the term is based on the time it would take for the recipient to improve his or her earning capacity, to where limited duration alimony is no longer needed. Limited duration alimony, like permanent alimony, terminates upon the remarriage of the spouse receiving it.

Reimbursement alimony is awarded for a limited time and to compensate a spouse who supported the other party through an advanced education. It may be awarded separately or in conjunction with limited duration or rehabilitative alimony. Reimbursement alimony is not terminated upon remarriage unless the court finds that the circumstances upon which the award was based have not occurred, or the payer spouse demonstrates an agreement or good cause to the contrary.

Rehabilitative alimony is awarded based upon a plan in which the payee shows the scope of the rehabilitation the steps to be taken and the time frame, including the period of employment during which rehabilitation will occur. Rehabilitative alimony may be changed based on a change of circumstances.

New Jersey has caselaw and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony.

In general, New Jersey case law states that the court must consider the marital lifestyle, the supporting spouse’s ability to pay, and the dependent spouse’s ability to contribute to his/her own support.

The alimony statute, N.J.S.A. 2A:34-23(b) states that the court must consider the following thirteen factors:

(1)The actual need and ability of the parties to pay;

(2)The duration of the marriage or civil union;

(3)The age, physical and emotional health of the parties;

(4)The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living;

(5)The earning capacities, educational levels, vocational skills, and employability of the parties;

(6)The length of absence from the job market of the party seeking maintenance;

(7)The parental responsibilities for the children;

(8)The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;

(9)The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;

(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;

(11) The income available to either party through investment of any assets held by that party;

(12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and

(13) Any other factors which the court may deem relevant.

When a share of a retirement benefit is treated as an asset for purposes of equitable distribution, the court shall not consider income generated thereafter by that share for purposes of determining alimony.

How is alimony determined?

A family court has a fair amount of discretion to determine an alimony award. The New Jersey Supreme Court has established some very specific guidelines and formulas to determine child support. However, there are no alimony guidelines. Many courts and panels have tried to formulate alimony guidelines. However, this goal is very similar to the Cubs quest to win the World Series. It just will never happen! Many men don’t enjoy paying child support, but they pay it anyway because they love their kids. However, most men are sick of their ex-wive’s and they hate paying alimony. Any set of proposed alimony guidelines is just too controversial and it will never become law.

New Jersey has caselaw and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony.

In general, New Jersey case law states that the court must consider the marital lifestyle, the supporting spouse’s ability to pay, and the dependent spouse’s ability to contribute to his/her own support.

The alimony statute, N.J.S.A. 2A:34-23(b) states that the court must consider the following thirteen factors:

1. The actual need and ability of the parties to pay.

2. The duration of the marriage.

3. The age, physical and emotional health of the parties.

4. The standard of living established during the marriage and the likelihood that each party can maintain a reasonable comparable standard of living.

5. The parties’ earning capability, education and employability.

6. The length of absence from the job market.

7. Parental responsibilities for the children.

8. The time and expense needed to acquire education or training to enable a depended spouse to obtain appropriate employment.

9. The financial and non-financial contributions of each spouse to the marriage.

10. Equitable distribution.

11. Income available and non-financial contributions of each spouse to the marriage.

12. The tax consequences of alimony.

13. Any other factor which the court deems relevant.

In summary, the main purpose of alimony is to permit the dependent spouse to live the same lifestyle after divorce that she lived during the marriage.

How does a spouse’s earning capacity affect alimony?

When a court determines alimony the actual income of the supporting spouse is not always the only factor used to determine the alimony award. In many cases, the court will also assess if the deadbeat spouse is underemployed. In my experience, once the divorce starts the husband often loses that second job, they get laid off, and they defer bonuses and promotions. Basically, the men try to paint their economic circumstances as bleak as possible.

The courts most of the time can see through these games and BS. The court may impute income to the deadbeat spouse. The court will analyze the husband’s income based on the New Jersey Occupational Wage Survey. Basically this book gives an average of yearly incomes for specific fields and occupations.

Can a dependent spouse be forced to work?

A very popular issue in divorce cases is that the dependent spouse has earning capacity, and that she should go get a job. In cases like these, the lazy spouse may have to be evaluated by an employability expert to assist the court to determine what an appropriate level of income to impute to that spouse. The expert’s report may enable the court to consider whether the dependent spouse has the ability or inability to contribute to her support.

Can alimony be changed after the divorce?

Yes. As previously explained, the main purpose of alimony is to permit the dependent spouse to maintain a reasonable standard of living. Alimony can be increased or decreased if the moving party can prove to the court that there was a “change in circumstances” since the divorce. The party who files the application has the burden to prove that there has been a “change in circumstances.”

The most common “change in circumstances” is a major health problem(s), a loss of employment, failure of a business, or a decrease in income, and/or retirement. In my experience it is very difficult to obtain a termination of alimony based on employment loss. However, the court in many cases will reduce/terminate alimony if the payor spouse experiences major health problems that impair his earning abilities.

Can a person request alimony after the divorce is over?

In many divorces, neither party receives any alimony. This is because the dependent spouse has sufficient income to support herself, and maintain a reasonable standard of living. However, unforeseen circumstances may change after the divorce to justify alimony. (ie, serious illness and an inability to work) In cases such as these, the sick spouse will file an application for alimony even though the judgment of divorce does not provide for any. If the case has merit, then the court will set a plenary hearing to determine if an award of alimony should be made. This type of hearing is also called a Lepis hearing. The court will examine the financial situation of both parties, the standard of living enjoyed during the marriage, the sick spouse’s current prognosis, and any other relevant factor.

How does alimony affect the calculation of child support?

When the court calculates child support it will deduct any alimony payments from the payor’s spouse’s income. Moreover, the alimony will be included as income to the payee spouse. In summary, a high alimony payment may result in a reduction in child support. Alimony is deductible by the payor spouse, and it must be declared as income to the payee spouse.

State Abbreviation NJ
Statehood Dec. 18, 1787
State Capital Trenton
Number of Counties 21
State Population (2005) 8,717,925
State Quarter Issue Date May 17, 1999
State Flower Purple violet
Nickname Garden State
State Flag New Jersey State Flag
Area Codes 201, 551, 609, 732, 848, 856, 862, 908, 973
Top 5 Cities (2000 population)
Newark 273,546
Jersey City 240,055
Paterson 149,222
Elizabeth 120,568
Edison 97,687
Major Sports Teams NFL: New York Giants, New York Jets
NBA: New Jersey Nets
NHL: New Jersey Devils

Posted in Alimony, Child Custody, New Jersey Alimony Laws, New Jersey Child Support Laws, New Jersey Divorce Laws | Comments Off

Is a divorce something that can, or should, be planned for “privately”

Friday, July 29th, 2011  
tweets

Is a divorce something that can, or should, be planned for “privately” — before one’s spouse realizes the end is near? Should married people evaluate their situation vis-a-vis the death of their spouse, versus their situation after a divorce? Perhaps these considerations while pretending to be in a “good” marriage are a bit duplicitous — but it is naive to suggest that it doesn’t happen, or shouldn’t be done.

As difficult as it is to accept (even for divorce lawyers)- the reality is that the divorce business is EXPLODING – divorce has become an accepted way of life. Despite the fact that, matrimonial attorneys, make their living ending people’s marriages – there is something inherently disturbing about the thought of a divorce entering the mind-set of the happy couple before wedding day. But it is even more disturbing to accept that people think about divorce while they are living together as husband and wife, without telling their spouse. But people do think of these things– prenuptial agreements are common practice, and are enforceable. An agreement negotiated during the marriage may even be enforceable. An agreement that induces reconciliation in a substantially deteriorated marital relationship will be enforced if fair and equitable.And, of course, property settlement agreements, negotiated and entered into at the end of a marriage in contemplation of divorce are enforceable.

For all practical purposes, the negotiating and signing of a premarital agreement (if done properly) settles the terms of the divorce before the wedding day. A mid-marriage agreement may resolve the parties’ financial issues. A reconciliation agreement made in good faith, that is fair and reasonable, and that resuscitates a dying marriage, sets forth clearly the conditions entered into for the marriage to continue. The property settlement agreement is made while technically in the adversarial mode — each party participating in the negotiations, resolving issues relating to the end of their marriage. All documents are up front — both parties participating in their fate. But the idea of secretly planning for a possible divorce — well that sends chills up even the most cynical of us — it’s just plain “creepy”.

SecretDivorce shows you EXACTLY what to do and watch out for

  • AFTER THE HONEYMOON IS OVER– BUT BEFORE YOU LET YOUR SPOUSE IN ON THE SECRET
  • Including – Issues to Address Prior to the Filing of a Divorce Complaint
  • AFTER THE SECRET IS OUT & THE COMPLAINT IS FILED
  • Now It’s Over! – We have issues to Address After a Divorce Judgment is Entered

We hope that reading this makes you stop and think about smarter secret approaches to improving your marital situation – and urge you to look beyond the obvious issues during those first arguments, or conversations. And never underestimate the impact, and benefit, of planning and preparing in secret!

Posted in Divorce Advice, Divorce advice for men | Comments Off

Minnesota divorce laws and child support and alimony laws

Thursday, June 30th, 2011  
tweets

First of all it’s helpful to know what Minnesota considers grounds for divorce

Each state has unique grounds in which a dissolution of marriage may be granted by the court. When choosing the grounds for your dissolution of marriage, you should always remember that you must have sufficient proof to the court that your marital situation warrants a dissolution of marriage by the grounds you are requesting.

Grounds for Filing: The Petition for Dissolution of Marriage needs to declare the appropriate Minnesota grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court of law.

The dissolution of marriage grounds are as follows:

1. An irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage.

(Minnesota Statutes – Chapters: 518.06, 158.13)

Minnesota Divorce Laws & Child Support & Child Custody Laws

Custody must be decided when minor children are involved in a divorce. Physical custody is where the child actually lives, while legal custody is the right of both parents to make decisions regarding major events in the child’s life including religion and education. The spouses are encouraged to create a parenting plan that addresses visitation rights, including where the child will spend major holidays and special occasions, and how the parents intend to resolve disputes about the child. The court may have input on the parenting plan; it will consider these issues:

  • the wishes of the parents and the child, if the child is old enough to voice their opinion
  • the relationship already established between the child and parent, including who was the primary caregiver during the marriage
  • the relationship with siblings and where they live
  • the child’s adjustment to their home, school, and community
  • the stability of the child’s current living situation and whether that should be continued, including if they live in the marital home
  • the ability of the parents to show love and affection to the child
  • cultural backgrounds
  • and the willingness of the parent to encourage the child’s relationship with the other parent.

When considering joint custody, the court will determine if the parents are able to cooperate and settle disputes, if it is in the best interest of the child to have equal time with both parents, and any history of domestic abuse. In Minnesota, the court can require parenting classes at any time. Grandparents can be granted visitation rights when necessary if it is beneficial to the child.

Minnesota uses the percentage of income formula to calculate child support amounts. The incomes of both parents are combined and then the court calculates the percentage that each parent is responsible for. Adjustments are made for health insurance or child care costs.

Other factors including when determining child support include: all financial resources of both parents, including income, property, or investments; any debts of the parents, especially those that were acquired during the marriage to support the family; any special needs of the child that could be costly; a reasonable standard of living for the child; any other children the parents support; and which parent claims the child as a dependent on tax returns. Both parents may determine amounts to contribute to an education fund for the child’s future.

Alimony Guidelines.
The alimony order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including the following guidelines:

1. The financial resources of the party seeking alimony, including marital property apportioned to the party, and the party’s ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

2. The time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;

3. The standard of living established during the marriage;

4. The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;

5. The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;

6. The age, and the physical and emotional condition of the spouse seeking alimony;

7. The ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and

8. The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party’s employment or business.

State Abbreviation MN
Statehood May 11, 1858
State Capital St. Paul
Number of Counties 87
State Population (2005) 5,132,799
State Quarter Issue Date April 4, 2005
State Flower Lady slipper
Nickname North Star State, Gopher State, Land of 10,000 Lakes
State Flag Minnesota State Flag
Area Codes 218, 320, 507, 612, 651, 763, 952
Top 5 Cities (2000 population)
Minneapolis 382,618
St. Paul 287,151
Duluth 86,918
Rochester 85,806
Bloomington 85,172
Major Sports Teams MLB: Minnesota Twins
NFL: Minnesota Vikings
NBA: Minnesota Timberwolves
NHL: Minnesota Wild



Tags: , ,
Posted in Alimony, Child Custody, Child Support, Divorce Advice, Divorce Facts | No Comments »

Kansas divorce laws and child support and alimony laws

Thursday, October 28th, 2010  
tweets

In Kansas the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

The court will use it better judgment when decreeing any award to either party for future support denominated as maintenance. The court shall order an amount the court finds to be fair, just and equitable under all of the circumstances.

The court may decree that the future payments are modifiable or terminable under circumstances prescribed in the decree. The court may make a modification of maintenance retroactive to a date at least one month after the date that the motion to modify was filed with the court. In any event, the court may not award maintenance for a period of time in excess of 121 months. If the original court decree reserves the power of the court to hear subsequent motions for reinstatement of maintenance and such a motion is filed prior to the expiration of the stated period of time for maintenance payments, the court shall have jurisdiction to hear a motion by the recipient of the maintenance to reinstate the maintenance payments. (Kansas Statutes – Chapter 60 – Article 16 – Subject: 1610)

Requirements

  • Kansas requires that at least one spouse be a resident of the state for at least 60 days prior to filing a divorce petition. Kansas is a “no-fault” divorce state, meaning that no grounds for divorce must be stated other than that one party believes the marriage is irrevocably damaged. The divorce petition can be filed in the county courthouse where either spouse lives.

    • Maintenance

  • In Kansas, alimony is generally referred to as maintenance, spousal maintenance or support. Maintenance can be ordered to be paid as a lump sum, annual sum or monthly sum as the court decides. The court may not order any maintenance payment to go on for longer than 121 months.

    • Factors

  • If the parties cannot agree to their own maintenance payments, the court will come up with its own maintenance orders. The court will look at a number of factors, including the age of the spouses, the marital assets, potential earnings, length of the marriage and standard of living.

    • Modification

  • If the divorce decree ordering maintenance allows for either party to modify maintenance payments, those modifications must be petitioned for before the 121-month time period ends. Upon modification, the court may extend maintenance payments for no more than 121 months.

    • Child Support

  • Spousal maintenance is generally held separate from child support and custody. Kansas courts may order one or both parties to pay child support and education expenses for any minor children.

    • Tags: , ,
    Posted in Alimony, Child Custody, Divorce Advice | No Comments »

    Alaska child support and alimony laws

    Thursday, September 2nd, 2010  
    tweets

    Alaska Alimony and Spousal Support Laws

    Alaska does not favor the granting of alimony. Instead the courts prefer to grant lump sum payments or divide the assets to make up for imbalance during the divorce proceedings. This way, they prevent future litigation. Alaska courts will grant alimony in some situations.

    Different Types of Spousal Support

    • Temporary – alimony that is awarded prior to the final divorce, upon filing divorce papers.
    • Short-Term – alimony that is awarded for a limited period of time, generally to rehabilitate the receiving party.
    • Long-Term or Permanent – alimony awarded for an extended amount of time. This generally occurs only for long-term marriages where there is an imbalance of earning capacity and assets.

    Who is Eligible for Alimony in Alaska

    Parties who have been married and are seeking a divorce in Alaska may seek alimony. The court has discretion and will make decisions on a case-by-case basis.
    Alaska Alimony Guidelines (Factors for Awarding Alimony)

    Alaska courts will consider the following to determine eligibility for alimony:

    • Length of marriage and standard of living during the marriage;
    • Age and health of parties;
    • Earning capacity, including education, training, skills, experience, absence from job market, and responsibility for children;
    • Financial condition of parties; and
    • Any other factors the court finds relevant.

    Reasons for Termination or Modification of Alimony in Alaska

    Any change in circumstances can be grounds for termination or modification under Alaska law. Remarriage or cohabitation are grounds for termination. The party who seeks modification must petition the court, filing the necessary paperwork and providing proof of changed circumstances.
    Marital Fault in Alaska

    Fault is not used as a factor in awarding alimony by Alaska courts. Alimony is meant to help one party recover financially after divorce. It can be awarded for a limited or indefinite amount of time, in a lump sum payment or in installments. It is possible to file a divorce based on fault of one party.

    How Long Does Spousal Support Last in Alaska?

    Spousal support lasts for as long as the court directs in Alaska. Termination or modification is available for long-term support due to changed circumstances at the discretion of the court.
    Alaska Alimony Taxes

    Court ordered alimony payments may be deducted by the paying party on federal income tax forms. Also, the payee must claim alimony payments as income.
    Find an Alimony Attorney in Alaska

    Use SecretDivorce.com BEFORE you discuss your rights with a divorce attorney and SAVE THOUSANDS of dollars in court costs & legal fees. It is vital to protect your assets whether you think you may be eligible for alimony or may be required to pay alimony. A lawyer will advocate on your behalf and make the process of divorce smoother.

    State Abbreviation AK
    Statehood January 3, 1959
    State Capital Juneau
    Number of Counties 27
    State Population (2005) 2,779,154
    State Quarter Issue Date August 25, 2008
    State Flower Forget Me Not
    Nickname The Last Frontier
    State Flag Alaska State Flag
    Area Codes 907
    Top 5 Cities (2000 population)
    Anchorage 260,283
    Juneau 30,711
    Fairbanks 30,224
    Sitka 8,835
    Ketchikan 7,922
    Major Sports Teams None

    Tags: , , ,
    Posted in Alimony, Child Support, Divorce Tips, Secret Divorce | 1 Comment »

    « Older Entries