With job and income losses, more and more people are filing for modification of child support. And many can't afford lawyer. It appears that the Court system cannot handle the backlog of cases and people are waiting up to six months for their day in court.
http://www.miamiherald.com/2010/03/03/1509258/child-support-cases-tie-up-courts.html?story_link=email_msg
Showing posts with label child support. Show all posts
Showing posts with label child support. Show all posts
Thursday, March 4, 2010
Sunday, July 19, 2009
Recession is the right time to divorce: family law attorneys weigh in on the subject
It is no secret that divorce filings have decreased in recent months. Many people believe they are in a situation where they "can't afford to divorce". However, two divorce lawyers believe differently.
According to a St. Louis attorney who describes himself as representing men in divorce, the current recession is the ideal time to divorce. If divorce is going to happen, he reasons, its far better to divorce at a time when assets and income are at their lowest.
A Tampa based divorce attorney who represents women agrees, but for different reasons.
The recession can be used to his client's advantage as well, especially in what were two income families. If a woman has been laid off from her job, it stands to reason that she will have a need for increased child support and alimony.
Its hard to say whether many people agree with the reasoning of either lawyer. One thing is clear: divorce rates in south florida have declined. In Miami-Dade County, divorces dropped from 3,239 for the first three months of 2008 to 3,196 during the same period in 2009. In Broward, the number dropped from 2,148 for the first quarter of 2008 to 1,543 for the same period in 2009.
No one can say which gender will fare better by divorcing in a recession. But the one encouraging thing I see, as a collaborative attorney and a mediator, is that many couples are not buying into this "seize the opportunity to divorce now and pay less to your spouse" mentality. They seem to recognize that their spouse may not go quietly with less money and will probably launch a counter attack, i.e. a highly contested divorce. A highly contested divorce = lots of money spent in lawyer fees. Forget dividing what is left of the 401k- it will be liquidated and divided between your two attorneys.
If this happens, the economic gain advertised by these lawyers, i.e., less assets to give to your spouse, less alimony/child support, etc., will be offset by the high cost of contested divorce litigation. As the saying goes, only the lawyers will win. It appears that many recognize this, preferring to wait to divide their union in less economically distressed times and, perhaps ironically, have decided that, at least for the present, that they are in this together.
According to a St. Louis attorney who describes himself as representing men in divorce, the current recession is the ideal time to divorce. If divorce is going to happen, he reasons, its far better to divorce at a time when assets and income are at their lowest.
A Tampa based divorce attorney who represents women agrees, but for different reasons.
The recession can be used to his client's advantage as well, especially in what were two income families. If a woman has been laid off from her job, it stands to reason that she will have a need for increased child support and alimony.
Its hard to say whether many people agree with the reasoning of either lawyer. One thing is clear: divorce rates in south florida have declined. In Miami-Dade County, divorces dropped from 3,239 for the first three months of 2008 to 3,196 during the same period in 2009. In Broward, the number dropped from 2,148 for the first quarter of 2008 to 1,543 for the same period in 2009.
No one can say which gender will fare better by divorcing in a recession. But the one encouraging thing I see, as a collaborative attorney and a mediator, is that many couples are not buying into this "seize the opportunity to divorce now and pay less to your spouse" mentality. They seem to recognize that their spouse may not go quietly with less money and will probably launch a counter attack, i.e. a highly contested divorce. A highly contested divorce = lots of money spent in lawyer fees. Forget dividing what is left of the 401k- it will be liquidated and divided between your two attorneys.
If this happens, the economic gain advertised by these lawyers, i.e., less assets to give to your spouse, less alimony/child support, etc., will be offset by the high cost of contested divorce litigation. As the saying goes, only the lawyers will win. It appears that many recognize this, preferring to wait to divide their union in less economically distressed times and, perhaps ironically, have decided that, at least for the present, that they are in this together.
Thursday, May 14, 2009
The pitfalls of paternity
Unmarried couples having children has become more common. While parents have many of the same rights they would have if they were married, enforcing these rights is more difficult, especially if paternity has not been established. The following are a few examples of things that mom and dad should take into consideration:
1. Establishing paternity: If dad's name is on the birth certificate, there is a presumption of paternity. However, for visitation and child support purposes, additional steps need to be taken before support is awarded or visitation is established.
2. Moving away: This is one of the most common reasons why people contact my office. Mom and dad are no longer together and the person with whom the child lives wishes to move away, or, in some cases, simply packs up and leaves. Without a court order on paternity, the parent seeking to prevent the move may face even greater obstacles.
3. Child support: Many moms and dads tend to forget that a child support obligation begins at the child's birth (although, in certain situations, dad can be held responsible for some of mom's medical expenses while pregnant). This means that, if there is an action brought for child support when the child is, say, 6 years old, retroactive support will be awarded for the prior 6 year period, with credits allowed for payments to the parent seeking support that can be proven.
The above are just a few examples of the pitfalls of paternity. Anyone- whether mom or dad- who has a child with an unmarried partner and who has questions about their rights and responsibilities, is encouraged to contact an attorney to find out more information.
1. Establishing paternity: If dad's name is on the birth certificate, there is a presumption of paternity. However, for visitation and child support purposes, additional steps need to be taken before support is awarded or visitation is established.
2. Moving away: This is one of the most common reasons why people contact my office. Mom and dad are no longer together and the person with whom the child lives wishes to move away, or, in some cases, simply packs up and leaves. Without a court order on paternity, the parent seeking to prevent the move may face even greater obstacles.
3. Child support: Many moms and dads tend to forget that a child support obligation begins at the child's birth (although, in certain situations, dad can be held responsible for some of mom's medical expenses while pregnant). This means that, if there is an action brought for child support when the child is, say, 6 years old, retroactive support will be awarded for the prior 6 year period, with credits allowed for payments to the parent seeking support that can be proven.
The above are just a few examples of the pitfalls of paternity. Anyone- whether mom or dad- who has a child with an unmarried partner and who has questions about their rights and responsibilities, is encouraged to contact an attorney to find out more information.
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