Dallas Child Support Attorneys

Divorce in Texas – taking care of the kids.

Divorce is never easy. It is an admission on one or both spouse’s parts that they did not manage to sustain a marital relationship. Often there is a lot of bitterness with one or both parties invoking blame and retribution on the other. This is particularly exacerbated where there are children involved. It is important for one’s interests to be represented by a skilled attorney well versed in Texas family law in divorce cases where there are minor children.

The whole area of family law to do with Child support, custody, visitation rights is a major area of practice for Dallas Family Law Attorneys.

In Texas “conservatorship” is the name given to define what rights and duties the parents have after the finalization of divorce. Despite what bitterness there may exist between the spouses the interests of the children are actually paramount. Thus in the vast majority of divorce settlements there will be parental rights and duties awarded to both parties. This is known as “Joint managing conservatorship”.

The actual residence of the children is also usually awarded to one parent and usually the mother. Nevertheless the other spouse will still have visiting rights and the right to be regarded as the parent. It is only in cases where the one parent is shown to be irresponsible or impaired as a parent, such as being an abuser of alcohol, drugs or being physically violent that this is overturned.

This visitation and parenting is an area of great potential conflict. Bitterness and anger plus fear and insecurity are some of the emotions that have to be dealt with. Nevertheless it is in the children’s interest that these matters be agreed and adhered to as amicably and as fairly as possible. Family Law attorneys will all deal with issues such as this often. It is strongly advisable that their counsel be followed to help the children cope with the trauma of their parents separation.

Conservatorship is but one aspect of family law, the next of course is the financial support. It should be emphasized that support may equally be sought for a child born out of wedlock. There are many cases of mothers pursuing, and winning child support from fathers of children resulting from extra marital encounters. In these cases paternity must be shown in Texas law.

There is a set “Tariff” or rate for child support laid down in Texas law. If the party has children from one marriage that has ended child support will be determined as a percentage of their “Net resources” in other words everything they might have which has value as an income. 20% for 1 child up to 40% for 5 or more. If there are children from other relationships the calculation is more difficult.

Child support ends when the child reaches the end of secondary education or the 18th birthday whichever is the latter. In all matter of child support knowledge of both parents rights and the amount due for the care and upbringing of the children is crucial. For this reason it is advisable that a firm of Family Law attorneys be appointed to represent the client and look after their interests.

Checking the Divorce List Twice

Divorcing isnt easy. Handling the various details required for marriage dissolution in California is enough to send a person into panic.

Going for marriage dissolution is a tough decision, made even more difficult if there are children involved. Its a time for second guessing, worrying about the welfare of the kids, and about the future. Then there are all the details that need to be attended to in order to get marriage dissolution in California. The stress levels couldnt be higher. In situations like this, discuss your fears with your Orange County divorce attorney. Thats what they are there for; to guide you through the labyrinth of confusion that arises when divorce proceedings take over what was once a normal life.

In order to get a handle on some of the stress, one of the better ways to get mentally organized is to make a checklist; a divorce checklist. While this might sound like the last thing on earth you would want to do with the roof falling in on your head, it offers you the chance to clearly focus on what needs to be done, what is done and what is pending, as well as puts into focus what documents or information you will need to round up.

The other positive thing gained by using a divorce checklist is that it tends to prevent any surprises further down the road if both of the spouses are on the same page during their dissolution proceedings. While this may be a very upsetting thing to do, it will pay off in the long run when all the sticky issues that need to be taken care of are out in the open and ready to be discussed with some degree of equanimity.

A divorce checklist should also have an asset and debt inventory section that covers various items that need to be shown to the court. That usually includes marital debts for the couple and an accurate record of all marital property. The property may include bank loans, bank accounts, student loans, pension plans and retirement plans, IRAs, bonds, stocks, sporting goods, the marital home, jewelry, and the vehicles both spouses drive. If there are any questions on how to classify property or divide your debts, speak to your Orange County divorce attorney for clarification.

One of the hardest things to sort out for a divorce proceeding is the value of assets, and in most instances, a reasonable guess will suffice keeping in mind that you may also need to be able to prove the actual value of the asset at a later date. The value of the asset should also include details about when the item was purchased and which person will take possession of it. Splitting the debts should also be done in a similar manner. In other words, who incurred the debt, how much is owed and who is going to take the responsibility to repay it.

There are other questions that will need to be dealt with over the course of the dissolution proceedings, and if you stay in constant contact with your Orange County divorce attorney, the journey to divorce wont be quite as devastating or confusing.

How Can They Help You

A Dallas family lawyer has the responsibility of handling cases regarding family issues. Qualified Dallas Family Lawyers who practice family law in the state of Texas can take on clients’ cases regarding the following:
* Marriage
* Prenuptial (pre-nup) agreements
* Divorce
* Separation
* Equitable division of the assets accumulated during the period of marriage
* Child custody
* Alimony negotiation
* Adoption
* Kidnapping
* Adjudication
* Juvenile
* Emancipation
* Parental rights
* Child support
* Paternity
* Domestic violence
* Child abduction

Dallas family lawyers can also handle cases other than the aforementioned. These lawyers can also handle cases that are very closely connected to the following: probation law, cases regarding property laws, trusts, criminal laws and so on.

But it is also important that you know that the cases usually handled by Dallas family lawyers are; prenuptial agreements, legal separation, divorces, child custody and domestic abuse cases. There are a whole lot of details that will need to be put into consideration when handling family law cases. For instance; a highly experienced Texas Divorce Lawyer knows all of the legalities of the state’s divorce laws. It is also important that you understand that Dallas family lawyers who practice specific areas of family law and have a reputation of performing brilliantly are the ones with a great deal of experience. You should not be fooled into believing that a family law attorney will only perform excellently based on his or her qualifications alone ??” it simply does not work that way!

As a client who is in dire need of legal representation in the area of family law, you need to realize that there is a whole a lot of “negotiation” or “bargaining” as some would call it and documentation involved when handling cases that are related to family law. For instance, a good Texas divorce lawyer is not cocky and insensitive like the movies will have you believe. A real life Texas divorce lawyer will genuinely support his or her client professionally, morally and even emotionally – an average Texas divorce lawyer is not vindictive or cold hearted at all.

You might also be thinking that the cost of hiring the services of Dallas family lawyers will be colossal but most lawyers who practice family law will usually charge their clients based on the type of case that is presented to them. For instance, when the case before a Dallas family law attorney is a divorce case, the charges for legal representation may actually vary, because this will really depend on whether the couple who plan to go their separate ways have a few unsorted issues between them like property division, child custody, alimony, child support and so on.

There are a lot of Dallas family lawyers that are known to charge by the hour; while there are family lawyers in the same state who simply charge a flat fee. Please also be informed that it is a common practice for a family lawyer in the state of Texas to charge a retainer.

An Atlanta uncontested divorce is possible

Residents in the Atlanta area who are seeking or considering divorce may wish to consult with an Atlanta divorce lawyer. Often times, divorce can be a complicated issue and even an amicable divorce may quickly develop into a quagmire as both spouses seek to come to an agreement. However, with the assistance of an attorney, it may be possible to turn the tables and secure a favorable result.

Types of Divorce

Broadly speaking, there are two different kinds of divorce: no-fault divorce and at-fault divorce. In a no-fault divorce, there is no allegation or proof needed of fault on behalf of either party. However, specific rules apply to no-fault divorces, and a period of separation may well be required before seeking the divorce.

On the other hand, an at-fault divorce is where one party committed some act that is incompatible with marriage. The most common example is that of adultery, although grounds for an at-fault divorce may exist under any number of circumstances. To determine if it is possible to seek an at-fault divorce, a divorce lawyer in Atlanta can often help with assessing your legal options.

Uncontested Divorce

In many cases, the divorce may be the result of a mutual agreement between the spouses to dissolve the marriage. This is called an uncontested divorce, and it is often more cost effective and less stressful to go through than a confrontational divorce.

Typically, spouses are already in broad agreement about the terms of the divorce before consulting with an Atlanta divorce lawyer. An Atlanta uncontested divorce may thus be the best way to go, allowing the spouses to settle any remaining issues amicably as well as reducing any preexisting agreements to paper. If no dispute exists as to issues such as property division, child custody or spousal support, court involvement need only be minimal.

In Atlanta uncontested divorces, it is strongly advised to retain the assistance of an Atlanta divorce lawyer even the filing of an uncontested divorce may seem simple. In filing for a divorce and in writing the divorce agreement, it is important that any ambiguities be resolved before both spouses sign the applicable papers. Otherwise, they may have to return to court again in the future. Working with a divorce lawyer in Atlanta may thus be more cost effective in the long term.

Contact a lawyer today

If you are considering or seeking a divorce, it is often helpful to consult with an attorney from an Atlanta Divorce Law Firm to learn your rights and obligations. Moreover, the divorce process can often be complicated, and the judicial system has a language all its own that may seem confusing if not intimidating to those not well-versed in it. By working with an experienced attorney who has deep and extensive knowledge of divorce law, it may thus be possible to successfully navigate the court system with an aim toward securing a fair result. Moreover, in an uncontested divorce, a lawyer can help with ensuring that the resulting agreement is air-tight and will not cause legal troubles down the road.

Minnesota Divorce Can We Not Just Agree

As a Minnesota divorce attorney, a question that is often posed to me by my divorce and child custody clients is, “Can’t my spouse (or the other party) and I just agree to something on our own?” Normally, my answer to that question is a resounding “yes” the more you can agree to, the less there is to argue between the attorneys and the less Court involvement that will be necessary. What this normally also means is the divorce or custody proceeding will be easier on your pocket book as well.

However, there are a few exceptions to the “lets just agree to this and follow it” approach. First, if the agreement pertains to minor children in any manner, the Court will always apply an independent “best interests of the child” analysis. In other words, just because you agree to something, if that agreement impacts minor children, the Court could reject the agreement.

With regard to child support, there is a legal presumption that the statutory child support guidelines must be used in all child support determinations. If the parties wish to agree to a different amount, they must provide to the Court an explanation on why this “deviation from the guidelines” is in the children’s best interests.

For an initial child custody determination, the standard for the Court would be “what is in the best interests of the children.” If the parties agree to the child custody and parenting time schedule and provide an explanation for it, generally the Court’s will defer to this agreement. The Courts generally appreciate the parties reaching an agreement on custody and parenting time because in most cases the parents know their children the best and know what is best for their children. So, if they can agree on custody and parenting time, the Court should adopt that agreement.

The tricky part arises when the parties wish to modify an existing Court order (a post-decree modification). For example, John and Jane got divorced. They had two minor children, Jenny and Jimmy. In the divorce, Jane was awarded sole physical custody, the parties were awarded joint legal custody, John was awarded parenting time every other weekend and was ordered to pay $1,000.00 per month in child support. One year after the divorce, John was terminated from his employment, began receiving unemployment and was home for the majority of the days. Based on this, the John and Jane agreed between the two of them that they would modify their agreement to provide for joint physical custody, each spouse alternating every other week of parenting time with the children and that neither spouse would pay to the other spouse any amounts for child support. John and Jane agreed to this in writing, each of them signed it, but they did not submit it to the Court for a Judge to sign and file with the Court.

John and Jane’s agreement would be considered an “extra-judicial agreement.” Is it enforceable? Maybe.

Minnesota courts have approved extrajudicial modification of an existing divorce decree through stipulated agreement. There is a policy favoring the use of stipulations in divorce proceedings. But these stipulations are given considerably less weight when the agreement involves children. The Court is not bound by stipulations involving child custody. Further, child-support stipulations are given less weight to protect “the welfare of the children” as the paramount consideration.

Mediation in Divorce and Family Law Cases

WHAT IS MEDIATION?

In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.

Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.

By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.

The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.

Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.

WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?

Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.

Mediation may resolve:

disputes between divorcing parties including custody issues, spousal maintenance and property issues;

paternity issues;

restraining order issues.

WHY SHOULD I MEDIATE?

1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;

2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;

The Real Divorce Cutting the Ties that Bind

Your divorce decree is only step one in moving into a new life after divorce. The real divorce is the cutting of the emotional, mental and physical ties that still bind you to your ex-husband. This is the real work of divorce recovery: becoming a single woman possessed of confidence, self-esteem, an enthusiasm for life and most important, a complete break from the emotional turmoil that led to your divorce in the first place.

All too often, women experience the same conflicts with their ex that originally led to divorce: constant arguments, reactive behavior leading to emotional upsets, old patterns of reliance, the barrage of destructive barbs aimed at your self-esteem and deep hurts. To truly be divorced you must put forth great effort and inner work that will sever your ties to your ex and you must build a structure that will facilitate that work.

Let me give you examples: You and your ex have children together therefore you must be in contact with one another on a regular basis. Unfortunately, your discussions with him always end in an argument. Nothing happens easily. The deep resentments and hurts suffered in your marriage and actual divorce remain intact. You each know each others hot buttons and continue to push those buttons resulting in upsets. Its the old marriage still running the game. You continually get sucked into this abyss.

If this is the case for you know that you have not divorced on an emotional level. You are an ex-wife versus a divorced woman. Somewhere inside of you there is still an attachment of some sort to either your marriage or your ex. You need to look inside to determine where you are still tied to him.

Acceptance of your new place in life is mandatory. Acceptance comes from acknowledging that your marriage is over with no hope or wish for it to continue. Acceptance allows you to living in a way that reveals a freedom from the past. It means living in the present and the future. It takes work but before you can do this work, you must put in place new rules that will lay the groundwork for a completely new relationship with your former husband. These rules are there to protect you from any further hurts or upsets.

You must build a new structure that empowers you versus disempowering you. Take the analogy of going on a diet to lose weight. You need to create an environment that will both motivate and move you towards your goal. To do so you remove all of the temptations that lead to over-eating or eating the wrong foods. You clean out all the junk food form the cupboards and replace them with healthy and non-fattening foods. You create a support system with a friend who you can call when you feel yourself slipping into your old eating habits. You take on a partner in your exercise program. In other words, you do everything that you can to surround yourself with ways to achieve your goal.

You must do the same thing when you are working at disentangling yourself from your ex. Create an environment that will help, not hinder your progress towards true independence. Remove all the temptations to stay connected to your ex. Within this framework you are free to do the inner work of healing.

Why is a Divorce Attorney in Los Angeles necessary for a divorce to be successful

Marriage indeed binds a man and a woman in a marital union thus to be together for the rest of their life. However, if the love that bonded the two has faded and certain circumstances have dulled the relationship to a point that it is no longer possible to live together. At this point, divorce is the legal solution to resolve this problem hence, dissolving bonds of matrimony of a man and a woman. Because this separation may need to go through a legal process and may involve matters of spousal support, child custody, child support as well as distribution of property and debt, the need for a Divorce Attorney in Los Angeles to properly represent a party in court.

In finding the right Divorce Attorney in Los Angeles, there are factors that you must consider:

You need to interview at least two or three Divorce Attorney in Los Angeles that may handle your case. Whoever answers your inquiries in the most satisfactory way, then that can be a basis for your decision.

You need to make sure that the Divorce Attorney in Los Angeles you will be hiring is transparent in terms of his intentions as well as about the fees that will be charged for the services rendered. If such lawyer could not give you direct answer, he/she may not be the right representative for you.

Though you can now scout for a Divorce Attorney in Los Angeles over the internet, it is still a wise move to personally visit the firms physical address and see how they really work. With this you can see check their professionalism. Also having a lawyer that is a good listener of your concerns may be able to provide you with an effective service

Lastly, you need to make sure that you check the portfolio of the Divorce Attorney in Los Angeles thus making sure how experienced he is in handling such case. To add to that, it has been discouraged to hire friends or relatives to represent you unless they are really qualified enough to professionally represent you.

Once you have chosen your Divorce Attorney in Los Angeles, you will meet and discuss all related matters that have significance in the case. Once this has been done, the important document s that is required for the filing of the divorce at the court of law will be gathered. From there, the probability of winning a decision will be assessed as well as the validity for the grounds of filing a divorce is also being determined. By the time all necessary preparations are done, the next step will be the divorce trial where both parties will be cross-examined as witnesses by the opposing partys representative. After the cross-examination, the close arguments will be given. At that point, the verdict will be rendered by the judge and an order will be signed. Hence, having a good representative will ensure that your rights will be protected in this divorce case.

Whenever there is a need to file a divorce, you need the representation of a Divorce Attorney in Los Angeles. Also, properly screening a prospected divorce lawyer will ensure that all divorce issues will be addressed legally.

Are you lonely and bewildered about a relationship breakup and want help to get your ex back

You already know how grueling it is to just wake up and roll out of bed in the morning. You leave your radio off on your way to your job because every song is a painful reminder of him. You can’t even bear to eat at the same restaurants you took her to. And if that isn’t bad enough, you have to deal with the loss of friends and family that are on “their side”. But here’s some good news… Most relationships CAN be salvaged! You may find it difficult to believe that almost every break up for whatever reasonbetrayal, plain old lost passion, loss of interest, a stolen heart and worse…even the worst situations you could conceivelike men serving prison terms have salvaged their relationships. Yes, even Ex-convicts have reunited with girlfriends and wives after being away for years! It doesn’t matter if you were the one that got left or did the leaving your pain is real and can be healed. Find out everything you need to know to feel better within twenty-four hours. It’s true you could be feeling significantly better one day from today. The Magic of Making Up System can… Show you how to take COMPLETE CONTROL OF THE BREAK UP and make your ex become extremely attracted to you and want to have sex with you every day of the week! Yes it is realistic with “The Instant Reconnect Technique” (my favorite technique). You can use these secrets right now to make your ex Come CRAWLING BACK TO YOU on their knees while they are begging you to take them back! However, I must STRONGLY CAUTION YOUthe advice and techniques are VERY unconventional. Relationship counselors get REALLY ANGRY because they are charging a lot of money (sometimes for months and even years) and you could do just one of the procedures in the book And next thing you know… youre back together with your ex. I just don’t believe that any amount of sitting in a classroom can make up for the REAL WORLD experience that you will learn. Human psychology plays a big part in the approach to getting back with an ex. Unconventional techniques and relational psychology is a large part of the Magic of Making Up. It will lead you toward a recovery just like thousands of other separated people have experienced. Your pain could be gone, faster than you can begin to imagine, forever, if youre willing to follow the system. How would it feel to wash away your pain, to remove the knot eating you up from the inside? “Do you want all the magical behavior controlling advice to get your ex back?”

Divorce Law Myths in Australia

There are many myths about the laws that govern divorce in Australia. A lot of television shows, such as Boston Legal will have many viewers believing that divorce is a complicated and daunting process. However the majority of divorces never make it to court and only about 5% actually have a judge that makes the final decision. The majority of divorce claims reach a mutual agreement between the two parties before entering the courtroom.

The assistance of a lawyer will speed up the process and will guide you through any complications along the way. A qualified divorce lawyer can answer all questions relating to your divorce claim, including child custody, courtroom affairs and division of assets and property. In most cases your lawyer will be able to reach a settlement with the other party without standing before a judge.

Equal Child Custody
The idea that children will receive equal custody by both parents is not true and neither is the thought that mothers receive more custody. There are a few legislations that state equal child custody however these legislations are not mandatory. The truth is child custody is decided by 3 factors; firstly the childs age and their ability to decide which parent is in their best interest.

Secondly, the safety of the venue the child will be residing, including the home, contents and the surrounding area. Lastly is the practicality of the arrangement, including the distance from school and other facilities the child requires. Another myth surrounding child custody is that there is a high abuse rate. The abuse rate is actually higher in intact families as opposed to separated families where both parents have custody.

Half All Assets and Property
Again only 5% of divorce claims settle property and assets before a judge, as the majority of claims are settled outside of court. Even when settling before a judge, the chance of receiving equal amounts is very rare. In contrast to what many people believe, the earning capacity of each spouse is not the basis for the division of property and assets. Rather home duties are weighed together and the home maker will in most cases receive up to 70%.

For example the father may be more employable than the mother; however the mother has more home caring skills and will most likely end up with a larger settlement. There are cases where the main home carer will not receive the majority of property and assets, and that is when assets exceed an exceptional amount, such as property over one million dollars.

The Jury Decides
Nearly all matters concerning family law will not have a jury and will only have a judge. Divorce claims are held in family or federal courts, where only a judge, registrar or magistrate is present. The only exception is criminal acts, which are not treated as family law and are handled differently.

The majority of simple answers surrounding divorce law are myths, because they cannot be explained briefly. If you are serious about a divorce claim, then you should consult a professional family divorce lawyer. The best way is to jump online and Google family lawyers in your area.