Family Law – Dealing with child custody, support and alimony


What is Family Law?

When a couple with children understand, the most difficult issues to resolve in general involve custody decisions. Such cases fall under the banner of family law, miniature concerned with issues such as marriage, divorce, adoption, child custody, child support and other issues that have families.

in some but not all states, does relate solely to family law be heard in a special court as a family court. States that use the family courts in New York, Hawaii, Delaware, Maine and North Carolina. In other states, the circuit courts handle family law and other legal matters.

Family Law and custody agreements

Nearly all courts encourage parents to come up with a child custody without judicial intervention. Parents can design a program themselves or with the assistance of a trained professional mediator.

In cases when parents for whatever reason not to agree on the arrangements, the court will come to a decision for them using a standard that considers the best interests of the child. Each state has its own laws which set out the criteria that determine how the standard should be set in these songs share one basic assumption: Except in cases where a parent has been convicted of a crime involving violence or sexual abuse, it is generally accepted that the interests of the child are ongoing contact with both parents. This means that custody will be shared in some way, whether your child spends time with both parents on an equal footing or one of the parents retain physical custody and the other has visitation.

Other factors a court assess in determining child custody are:

  • capacity of each parent to provide a safe, secure environment.
  • The extent to which parents are able to work together to ensure the best interests of their child.
  • If a parent has acted as the primary caretaker.
  • For a child older than 12, own wishes.

partner Support (Alimony)

Another issue is within the jurisdiction of family law partner support or alimony. Child support efforts to reduce the negative economic impact that divorce can have a spouse who either is not earning a salary or earning lower wages than the erstwhile his or her spouse.

Courts have considerably more autonomy in the allocation of child support than they have in the awarding custody. The Uniform Marriage and Divorce Act, adopted by many countries as a model in this regard, suggests that the following criteria evaluated in determining child support

  • National marriage.
  • Standard death to live through the marriage /
  • Age, financial and physical and emotional condition of the spouse /
  • length of time it would take for non-earning or less earning spouse to become financially independent /
  • capacity spouse charged with making payments to support both spouses receiving alimony and himself.


Divorce mediation


When and if divorce mediation results in agreement or settlement, the mediator has the power to make it legally binding. In the case of family law, divorce mediation, there are issues, below which you should consider.

* If our lawyers are settlement mentality, why see a mediator?

* Does not compromise just another form of dual representation?

* Can mediation help vindictive and uncooperative pairs?

* How mediators justify their fees?

* How can they help if mediators should not give legal advice?

If both lawyers are settlement mentality, why should we spend money for one more professional and hire a mediator?

If the lawyers can work together and resolve the issue quickly, amicably, and inexpensively, perhaps disclosure is not required. Quite often, a spokesman for causing the lawyer to act aggressively or begin to see strikes another person considers threatening. It is difficult for a lawyer to take care of customers and meditation play a role at the same time. Also, when lawyers do most of the negotiating, not the parties do not send directly to make their own agreement, which can also improve their communication down the road. Using a mediator could be like taking out insurance to maintain amicable situation among all the parties and consulting. It also ensures the family benefit of training innovative problem-solving. Finally, it has been suggested that the use of mediation can be a transformative experience that can really improve relations and family life instead of just putting a bandage on the settlement of family interference.

Is not mediation just another form of dual representation, with all the limitations that such conditions conflict bear?

It is true that preventive mediations involved in marriage contracts, approved and put together a family, the role of the mediator is to assemble and build harmonious relationship seems very much like the dual representation (Chapter 2.2 of the Model Code of Professional Responsibility) . Unless there is a written waiver from all parties, one lawyer must withdraw from representing two clients when conflicts appear irreconcilable. Conflict, real or apparent, are usually present in almost all dual represented at situations.

As a neutral third party, the mediator represents neither party. This may be clearer in the role of the mediator is a dispute resolver and practitioners, it is preventive mediation. The new model of conduct for mediators promulgated by the ABA, American Arbitration Association and Society for Professionals in Dispute urges all parties in mediation to provide independent advice. In many mediations lawyer attend court with their clients and participate in the mediation table.

Copyright 2008


Explaining Use of Requests For Admissions in Divorce Cases


All states have Their own rules Regarding exchanging financial information in a Divorce Case. The rules in Florida Likely do not differrent much from rules in other states on this topic, but the author only practices law in the state of Florida and therefore this article is directly referring to Florida procedures.

Requests for admissions Can be a very Effective tool in a family law case and are darned cheap fun. There are Many tools for discovery (Both Sides exchanging information, Oftel financial) in a family law case. When depositions are Either party, or a witness, has to answer questions under oath. This is a great way to get information, nail someone down on an answer, and have tools to impeach themself in court if They give a differentially answer. The down side to depositions; very expensive. A court reporter, being Paid hourly, there is in addition to the Lawyers. In order to use it in court this conversation Will get typed up in a transcript, Which Can Easily run Into Hundreds of dollars.

Requests for admissions are very differentially. This is a list of statements That the other party must admit or deny. If They do not do Either, the Court must treat all of Those statements as admitted, or proven true. If the party denier That something turns out to be true, the Judge Will be shown That person is not Credible and there Can Be attorney’s fees awarded based on the dishonesty. The Same is true if the party Objects to the statements and the Judge THINKS They should have answered themes. If the facts are admitted, it is very fast and easy to establishments Those facts at trial.

It is Important That the statements in a Request for Admissions be worded effectively. There can not be Any wiggle room for admit ting or denying the statement. For example if you want to establishments That the other spouse has dissipated (used improperly) marital money for travel with a lover, you would not use

“You have traveled frequently with M. Doe” Because .. That does not prove anything about using marital funds

You might use a series of statements That directly involve using marital funds such as

“You have money for Paid Expenses related to travel with M. Doe at least once in the last 12 months “

” You have Paid to purchase airfare travel for a trip with M. Doe at least once in the last 12 months “

*” You have utilized Visa # *** 1234 during personal travel with M. Doe at least once in the last 12 months “

There Can only be one issue per statement so That it is clear what is being admitted or Denied. For example, if the statement is “You have Purchased personal meals or travel with marital credit cards” is a poorly worded statement, if the answer is yes, it could be thatthey have used a joint credit card for meals or travel That is personal or for Entertaining M. Doe. One would arguably be marital and proper, and the other not.

Just as in depositions or other types of discovery, Request for Admissions Can cover Areas not Permitted in courtroom testimony. In discovery, Any question or request involved “might” lead to evidence That could be used in court is Permitted, where as in trial only evidence That fits the formal rules of admissibility Can Be Presented. This means That there is very wide Latitude When asking questions in Requests for Admissions, and typically if a court believe thatthey are superintended to get to Permitted evidence They Will Allow Them. The court Can limit Either the Amount of questions or the subject matter of discovery if Those questions are unreasonable or only superintended to harass.

If you are on the Receiving End of request for admissions, an objection Can and Should be filed in response to Any questions That are unclean, compound, or unreasonable. Otherwise, answer the questions honestly and timely in order not to not Suffer the Consequences discussed above, and talk to your lawyer about filing your own!


Employment Lawyer – Protection of rights at work


Employment lawyers are lawyers that deal with labor disputes, such as overtime, harassment cases, job termination, and others. By representing workers in court, they are charged with protecting the rights of people as employees. If you have experienced problems in your work, engagement lawyer can help you get the results in court.

if the work you’ve experienced anything that violates the rights of the employee, the best choice is not just waiting. Be sure to take down accurate quotes and figures and get as neutral view as possible. By working too early, you put yourself at risk of being forced to go to court with your conflict, as opposed to keeping all options to resolve the conflict open. Take the time to try to talk with your boss may ultimately prove beneficial to you as to the settlement in the courtroom. By trying to work out issues face to face out of court, you can save yourself a lot of money and possibly stress. If you still have problems even after talking to your boss, then the next step might be to get a professional lawyer. You have very specific rights as an employee, and if they become compromised, you are entitled to go to court with your complaint.

The process of picking a good employment lawyer is very important. You want to make sure you are well represented in court and that he will work to get you what you deserve. Picking employment lawyer does not have to be a nightmare, there are little things you can do to help the process. Make sure to check for local lawyers work and ask if they provide free advice. Meet with your potential lawyer and evaluate how you feel. Ask plenty of questions and make sure he knows everything there is to know about employment labor laws and what to you.

go to court can be scary, but there are things you can do to prepare yourself and your arguments against employers devices. Go online and research rights as an employee, as well as the rights of the employer. Make sure you understand well the situation and what specific laws apply to your. Having more knowledge of your situation will help you appear more prepared and more convincing in court. Have confidence in the job you hired a lawyer and work together to fight against the results you want.

Objectivity is important in your speech. If you become emotional and over-dramatic, you will only paint yourself a bad representation. Being objective and work with facts will make you more persuasive case. Try to collect witness testimony and other evidence to be able to justify and explain what you have issues with. A calm, confident demeanor, reliable employment lawyer, and good evidence will help you gain the upper hand in court.


What is Employment Law?


The term Employment Law covers a wide range of issues related to employer-worker relationship. It is also commonly referred to as Labor or labor law. It covers the body of laws, restrictions and stjórnsýslusviði example dealing with the rights of working people as well as restrictions on the employer and employee.

The basic feature of employment law in almost all countries of the rights and obligations of the employer and employee relationship fall and transmitted through an agreement between the two. However, many of the terms and conditions of the contract and included in legislation and practice. In the United States, the majority of state laws allow for employment “at will”, meaning that an employer can terminate an employee for any reason, as long as the reason is not illegal reason.

One of the most common employment law incorporated in most countries around the world is the minimum wage law. Minimum wage is the lowest paid employee can be paid as determined by the forces of supply and demand in a free market. This acts as a price floor.

The United States was the first country to employ the minimum wage in 1938. This was followed by India in 1948, France in 1950 and Britain in 1998. In the European Union 18 of the 25 states have a minimum wage law.

Another common employment law is the Working Time Act. This is not only regulates time adult is allowed to work, but also the amount of time children can work. This also includes a mandate for the amount of leave shall give the employees.

In the United States, wages and Hours Act of 1938 set Maximim standard working week to 44 hours and in 1950, this was reduced to 40 hours. Despite this law, there are some jobs that require more than 40 hours to complete the projects in time. For example, if you are a competent employee, you can work over 72 hours a week, if you want. However, you can not claim that.

This law is common law employment in use today. However, there are dozens of other laws that control and protect employer and employee.


Why You Need Elder Law Attorney


A lot of people make plans for retirement and map out a way to achieve these goals. Other times, we make plans for our golden years with blinders on. We imagine only happy situations where our biggest concern is which cruise to take each year. The fact is, people get sick, they get older and they run out of money or they lose the ability to make decisions for themselves. This is where a good elder law attorney can help.

These lawyers specialize in helping people plan for the future and provide legal services to seniors. Not only that, they can help older make the most of challenging situations they may face. With years of experience in this field and plenty of resources at their disposal, these lawyers can be the best resource you can have to get you through your golden years with the support you need.

Elder Law specialty

Elder Law practitioners help their clients navigate the legal conditions that are unique to older and retired persons. Common areas of expertise include:

• Medicare and Medicaid eligibility, claims and appeals

• Tax Law

• Estate Planning and Administration

• Directives Healthcare, Planning -and Insurance Needs

• Wills, Trusts and Probate Court

• Long-term Care Planning

• conservatorship and guardianship

• saving, Abuse and Neglect

• Asset Protection

• Social Security and disability

• mandates

• Elder Abuse and Fraud

• Housing Issues

• Age Discrimination

• Retirement Planning

When to seek help Elder Care Specialist

When you are facing legal issues older citizen or need help aged family members, it is a good idea to consult an elder law attorney. While you may feel that family attorney counsel you as well, this is not always the case. These Lawyers lack specialized legal knowledge needed to navigate the issues facing older and many people do not understand the unique circumstances older face. Lawyers who work with older have regular one non-senior legal resources at their disposal that may be useful as well. They can often refer clients to social services, nursing home or home health care agencies based professional network exclusively.

Choosing a lawyer

When you start investigating the Elder Lawyers law you will notice that each lawyer has his own area of ​​expertise. It is rare to find a lawyer who is fluent in every aspect of the field. It is much more common to find one that has focused his practice on a few specific areas. This is the case, it makes sense to first find out what specific areas you need help. Do you need help designing a will or estate plan or do you need help with Medicare requirements? Whatever your needs, find a lawyer who has experience in this area, but who has enough knowledge to know if the actions you take affect you under other legal areas.

Start your search for a lawyer with local senior service agencies or health professionals. Ask for recommendations. Check with the local area council on aging, the National Academy of Elder Law Attorneys, or state or local Bar Associations. You may even be able to get referrals from attorneys you know. Once you have some names in his hand a time to face-to-face interview. You will be sharing some very personal information with this lawyer. You want to find someone you connect with and trust and who understands your needs and feelings and can provide you with moral support that you may need to get through the legal issues you’re facing.


Elder Law – Medi-Cal Planning for payment of nursing home cost


In California, Medi-Cal planning for payment of nursing home costs is quite a complex process that should take advantage of the assistance of a qualified elder law attorney. This short article provides an overview of how Medi-Cal benefits, you can get to pay for the sky rocketing cost of long term care in a skilled nursing facility.

The first step is to get a qualification. As a general rule, the well spouse is allowed to keep $ 104,400 (2008) in resources. This is called the Community Spouse Resource Allowance (CSRA) and includes money in the bank. If a couple has more than this amount of resources, then they will have to reduce the excess amount in a manner consistent with the rules of Medi-Cal is.

One method of spending down is to use the excess money to pay for improvements to the couple’s home. Their primary residence is considered exempt from property for Medi-Cal eligibility purposes (regardless of its value) and the Medi-Cal can not consider it to determine eligibility. Note: The federal Deficit Reduction Act (DRA) can change some of the rules for tax-exempt status in the home. All planning policy will include a thorough examination to determine whether California has implemented the applicable provisions of the DRA.

Even if the resources of the couple over the allowable amount, they can still be able to keep excess and qualified.

Here is an example:

The well-spouse (wife) is entitled to keep $ 2,610 (2008) per month in revenue. This is called the minimum monthly maintenance needs allowance (MMMNA). If the wife’s monthly income (social security, pension, etc.) is only $ 1,000, she is short $ 1,610 per month permitted MMMNA her.

If ill spouse (husband) has a monthly income of $ 500, then his income can be allocated to his wife to meet MMMNA her. Wife would now receive $ 1,500 monthly income, but would still be short $ 1,110 per month MMMNA her ($ 2,610 – $ 1,500 = $ 1,110). Again, the law allows a spouse well, at least, $ 2,610 in income per month.

Now, if it can be shown that the total resources of the spouses (hypothetically) invested bear interest account, would still not produce enough additional monthly income for a woman to meet MMMNA her, the request can making to the Administrative Judge or County Superior Court for an order that allows the couple to keep all of its assets, including the amount in excess CSRA.

Are there other ways to qualify a person to receive Medi-Cal benefits to pay for nursing home costs? Yes, some of the planning strategies will be discussed in later articles.

In the meantime, it is important to know that qualifying receive Medi-Cal benefits is only the first of several key issues that must be addressed in the process. Avoid attempt Medi-Cal to recover the money it has paid out on behalf of Medi-Cal beneficiaries (nursing home patient) is very important in any Medi-Cal planning policy.