Child support payments can be determined either by a judge or by an agreement between the parents of the child. When a judge decides the amount of the payments, the primary determining factor is the best interests of the child. Other factors that a judge might consider include the incomes of the respective parents, each parent's current financial situation, living expenses associated with child care, health care expenses and education expenses.
]]> In some cases, the attorneys for the two parents will be able to negotiate a monthly payment amount that satisfies both parents. This may be an ideal outcome because it can avoid some of the expenses associated with litigating the matter.Originally, Evangelista requested $46,000 a month in child support payments for her son by Pinault. Some experts considered that request excessive, but Ms. Evangelista argued that it was appropriate because all of Mr. Pinault's children should be able to live similar lifestyles. He also has a daughter with Hayek.
Other experts following the case have suggested that Mr. Pinault wanted to avoid testimony from Ms. Evangelista that he encouraged her to abort the pregnancy when he learned of it.
Regardless of the reasoning, Ms. Evangelista has been able to secure a healthy monthly child support payment for her child.
Experienced family lawyers are able to better ensure that the parent receives the appropriate legal protections and achieves the best result possible.
Source: Fox News Latino, "Salma Hayek's Man Francois-Henri Pinault Settles Baby Momma Drama," Alexandra Gratereaux, May 9, 2012
]]>The process recently took a turn for the worse when Sanders' ex-wife was arrested on domestic assault charges. The estranged couple, who have three children together, still live in the same house.
]]> Complicating matters is the fact that, shortly after the arrest, Sanders posted a tweet saying his children "just witnessed their mother and a friend jump me in my room. She's going to jail (and) I'm pressing charges!"It is unclear what affect the arrest and subsequent tweet will have on the divorce proceedings, but a magistrate judge did determine that Sanders' estranged wife is not allowed at the house for 60 days.
Perhaps the worst thing that a person can do during a divorce proceeding is to allow emotions to result in lashing out. A judge may view the act as a sign that the person is an unfit parent. Even if child custody is not at issue, a violent or offensive act on the part of a divorce litigant certainly will not sit well with a judge.
But with that said, publicly tweeting about divorce proceedings may also be viewed as an irresponsible act by a judge, particularly if the tweet can be interpreted as gloating over the arrest of the former spouse.
Irresponsible and offensive acts can and do get back to judges. When judges hear about those acts, the individual responsible may find that the divorce proceedings become more difficult.
Source: WISTV, "Deion Sanders cited for spat with estranged wife," Associated Press, April 24, 2012
]]>The mother is not the custodial parent due to a cognitive impairment. Instead, the child's maternal grandmother has custody of the child. The grandmother reported the child and her mother missing after they left for Maryland. A silver alert was issued by the North Carolina Center for Missing Persons and officers tracked down the mother and daughter in Maryland.
]]> The incident illustrates the difficulties of traveling with a child when there are custody issues. Parents should always notify other interested parties well in advance of any travel. Also, any court orders related to traveling should be strictly followed.Failure to strictly adhere to court orders or custody arrangements can be interpreted as child abduction or kidnapping, both serious offenses. Even if a parent has the right to travel with a child, the other parent should be notified of the travel plans in advance of the trip. A miscommunication between former spouses can confuse police and lead to an arrest.
Anyone concerned about child custody issues, including issues involving travel with a child, would likely benefit from consulting with an experienced family law attorney. The attorney can ensure that all laws and court orders are complied with and may be able to intervene in the event of a misunderstanding.
Source: WRAL, "Missing Roanoke Rapids mother, daughter found; mother charged," Beau Minnick, April 24, 2012
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Fortunately, advances in technology are helping to reduce some of these concerns. Six states, including North Carolina, now legally recognize virtual visitation rights. Although parents may choose to place great distances between one another, a parent without primary custody can ask a court to grant virtual visitation rights. The court can then order that the non-custodial parent receive face time with the child through electronic means on a regular basis.
]]> Although a virtual visitation is not an ideal replacement for face-to-face contact, it can provide parents with a way to keep in touch with their child on a more regular basis.Illustrating the necessity of virtual visitation, studies show that 75 percent of single mothers relocate within four years after a divorce, often placing great distances between themselves and their former spouses.
The primary concern for any judge making decisions in a custody dispute is the best interests of the child. For that reason, parents may wish to stay close to a child's school system and friend structure in hopes of retaining custody. But in the event that a move is necessary, virtual visitation can be a fallback plan.
Settling child custody disputes can be difficult. Many times parents do not agree on what is best for their child. North Carolina residents involved in a custody dispute would be wise to seek counsel from an experienced family law attorney.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
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The man had previously had a sexual relationship with the woman, but the two never married. She later asked him to donate sperm for her in vitro fertilization. He agreed, and she conceived triplets. The donor signed a paternity declaration and was identified on the birth certificates as the father; a move that would have significant, unintended consequences.
]]> Years later, after he had married another woman, the mother of the triplets sued for child support. A court initially found that the donor was in fact responsible for child support. But now, after several years, he has won an appeal, reversing the decision of the lower court. The donor has already paid years of child support, however, which he may not be able to recover.The case raised complex issues of what exactly it means to be a father, as well as the legal ramifications of establishing paternity. In North Carolina, a court can only order an unwed father to pay child support if that father has acknowledged paternity of the child or if DNA test results establish his paternity. An Affidavit of Parentage should, therefore, only be signed if both parties understand the support obligations that come along with it.
Child support can be one of the most contentious issues after couples separate. Complex legal issues dictate judge's decisions about child support payments, with both federal and state laws affecting who pays and how much that person pays. Anyone struggling with child support issues would be wise to consult with an experienced family law attorney.
Source: Lubbock Avalanche-Journal, "California court says Texas sperm donor owes no child support," April 12, 2012
]]>Judges can be very sensitive about family law issues, particularly those involving parental rights. Any negative information about one of the parents can discourage the judge from favoring that parent when making custody determinations.
]]> When going through a child custody dispute, it is best for parents to avoid yelling. Yelling can sometimes be interpreted as aggressive behavior, suggestive that a person has a short temper.In addition, a spouse should be particularly sensitive to exposing children to any new romantic partners. A judge might be worried about how children will deal with a parent's new relationship.
Parents should also avoid alienating the other parent. Judges experienced with family law issues are used to seeing spouses attempt to turn mutual friends and children against one another. However, it is best to avoid speaking negatively about the other parent to the children or anyone else. Assume that every word will make it back to the judge.
It is important to allow contact between both parents and the children. The best thing that a parent can do is to be reasonable and avoid being petty. For instance, one parent may allow the other to speak with the children on the phone, even if it is not their time with the kids.
Traveling with children is also a contentious issue and should be discussed with the other parent. Always notify the other parent of intended trips in advance.
Judges may not always make perfect decisions, but their orders must be respected. Parents who act reasonably and rationally tend to have the most success in custody battles.
Source: The Huffington Post, "Ways To Sabotage Child Custody," Joseph E. Cordell, April 2, 2012
]]>The study indicates that divorce filings tend to increase during January of each year and continue to increase until they peak around the end of March. Web searches for "divorce" and related terms follow a similar pattern, increasing by 50 percent in January and continuing to increase until March.
]]> Some believe the peak in divorces corresponds with the holiday season. When the holidays end and the New Year rolls around many people tend to reassess their personal and profession lives and look to the future. Some experts refer to January as "the decision month" because that is when many people consider whether divorce is right for them.As a result, February is considered the "planning month" because people spend the month finding legal counsel and developing a strategy to move forward. Finally, March is considered the "filing month" because many people are ready to officially begin the divorce process at that point.
As the divorce process moves forward throughout the year the parties move on to the issues of property division, custody, and other issues that must be resolved. At that point, though, the divorce process is underway and both parties usually have legal representation to protect their individual interests.
Of course, there is no uniform schedule by which everyone gets divorced. Filings can be made at any time during the year. The best first step is often to contact a good divorce lawyer who can work with an individual throughout the entire process.
Source: Huffington Post, "'Divorce Month': Why Divorce Filings Surge in March," March 22, 2012
]]>In North Carolina, the law requires a married couple wait one year before a divorce will be granted. However, some couples may first choose to legally separate. Separation agreements are legally binding contracts that may be helpful in setting a definitive separation date.
]]> If a couple does decide to officially divorce after a legal separation, there may still be issues that come up. For instance, child support and child custody may need to be determined. A visitation schedule may need to be created and individuals may need to come to an agreement on property division.Alimony payments are also a matter of concern for divorcing couples, and are largely left to the court's discretion. Several factors include the relevant earning capacities of the spouses, the duration of the marriage, marital misconduct and the property brought to the marriage by either spouse.
Because there are so many things to consider, whether a person lives in North Carolina or elsewhere, consulting an attorney skilled in the area of family law may be the best first step. An attorney can protect their client's rights while helping the two parties come to a resolution that is fair for everyone involved.
Source: ET Online, "Penelope Ann Miller files for separation," Raphael Chestang, Mar. 20, 2012
]]>Overall, the rate of divorce has declined since the 1980s. However, more people in the second half of their life are choosing to divorce. In 1990, within the divorced population, only 1 in 10 people was 50 or older. By 2009, 1 in 4 people within the divorced population were 50 and older.
]]> One woman chose to divorce her husband after 20 years of marriage. She had long put up with their differences but after all three of their daughters graduated from high school, she realized she couldn't anymore.Although infidelity remains one of the reasons for divorce, it appears that baby boomers are more interested in fulfilling themselves in the last decades of their life. They may have raised their children and then suddenly realize they want more out of life.
In the past, most marriages ended in death. Nowadays, that isn't the case.
Some believe more baby boomers are choosing divorce because of their view of marriage. In the 1950s and 1960s, people measured the success of their marriage by how happy they could make their spouse. Those who got married in the 1970s, however, were more focused on their own happiness when they got married.
Whatever the reason for a divorce, it is sometimes the only option for couples. Although it may mean the end of a marriage, it can also mean the chance at a second life.
Source: The Wall Street Journal, "The Gray Divorces," Susan Gregory Thomas, Mar. 3, 2012
]]>In some child custody cases, a teacher may be called to testify. Therefore, it is important for both parents to be a visible contributor to their child's education.
]]> Although one parent may take the lead, it is recommended that both attend parent-teacher conferences. It may also be helpful for both parents to give the teacher their contact information and to ask to be notified of any volunteer opportunities.Another way a parent can show involvement is by taking time off from work to attend a school field trip. Sometimes, just swinging by to have lunch with a child can make a positive impact. In addition, each parent should take turns picking up their child from school.
Helping a child with their homework is also extremely important. Some students may need to have their homework signed off by their parents. Signing off on homework shows that a parent has been an active participant in their child's education.
Education is an extremely important part of a child's life, but parents need to remember that every child custody case is different. Because of that, it is often wise to consult with an experienced family law attorney who can advise an individual throughout the entire process.
Source: Huffington Post, "Want Custody Of Your Kids? Get Involved With Their School!" Joseph E. Cordell, Mar. 8, 2012
]]>It is becoming more and more common for courts to use cell phones and smart phones as evidence in many family law matters. In fact, a survey of attorneys by the American Academy of Matrimonial Lawyers found that about 92 percent had seen an increase in the use of smart phones as evidence in divorce and child custody cases.
]]> People may think that the text messages they send, people they call and emails they send are kept private. They are wrong.Text messages may be used in court to determine if someone's spouse was cheating. Someone's call history may be able to prove whether a person was involved in illegal activity. Even someone's internet search history could help determine whether or not a parent was negligent towards their children.
Technology has changed the way people live. It now appears to be changing the way family law matters are settled.
Those in North Carolina who are planning for a divorce or dealing with child custody matters would be wise to begin working with an attorney early on in the process. By having a firm understanding of the evidence that could be used against an individual, an attorney may be able to mitigate any potential consequences.
Source: Reuters, "Divorcing Couples Use Smart Phones as Legal Weapons," Stephanie Rabiner, Esq. Feb. 28, 2012
]]>Most North Carolina readers are familiar with Kelsey and Camille Grammer. The actor and his wife went through a very public divorce, and in May, Kelsey requested sole custody of the couple's two young children. As another option, Kelsey requested that the couple's son reside with him in Chicago and their daughter reside with her mother in California. However, Camille made it clear that she would not allow her children to be split up.
]]> While there are few details about the custody arrangement, court records indicate that the couple has come to an agreement.Although child custody cases can be emotional and challenging for those involved, it is important to remember that at the center of it all is a child. Parents only want what is best for their children. To give them the best chance at a successful future, parents must work together to come to an agreement that is fair for everyone involved.
Because of the sensitive nature of child custody cases, residents in North Carolina may find it valuable to work with an experienced family law attorney. An attorney can help parents solve their child custody issues while ensuring that their client's rights remain protected throughout the entire process. Child custody matters are not easy to deal with, but people do not have to go through the process alone.
Source: E! Online, "Kelsey and Camille Grammer Settle Custody War," Rebecca Macatee, Feb. 28, 2012
]]>In one state, a mother was prohibited from smoking in her home or car if she wanted to continue to have visitation rights. In another state, a child custody agreement was altered when it was determined that a mother was smoking around her asthmatic child.
]]> More than 18 states across the country have ruled that smoking should be a consideration for determining child custody. Some parents have been ordered to stop smoking around their children and others have been ordered to stop smoking in their home 24 hours before a scheduled visit. Courts may also consider other people that may potentially smoke around a child, such as friends, significant others and grandparents.One judge even went so far as to say that a court that does not prohibit a parent from smoking around a child "fails those children whom the law has entrusted to its care."
If you are preparing for a child custody battle it may be wise to make some adjustments. People may want to consider starting to smoke outside and prohibiting other people from smoking around their children. In some cases, a parent may find it reason enough to quit altogether.
Source: The Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012
]]>When someone is going through a divorce, it can be an emotional time filled with many uncertainties, but there are ways to cope. One way to deal with the multitude of emotions is to take time for yourself. In addition, people may find that exercise and eating right can help them cope with the sudden change in their life.
]]> Divorce is often not easy to deal with, but creating a new life and celebrating it can often help people get through a difficult period. It is also important for individuals to seek out people they trust and can confide in.Although people often turn to friends and family after a divorce, it may also be beneficial to work with an experienced family law attorney. An attorney can support an individual throughout the divorce process and work to ensure that their rights are protected.
In addition to property division and alimony payments, couples with children must also settle child custody and child support issues. While there are many issues to sort through, an experienced attorney can help couples find a resolution that is fair and equitable for everyone involved and that allows each individual to begin their new life apart.
A divorce can be difficult to go through. Fortunately, people do not have to go through it alone.
Source: Glenview Patch, "Coping With Divorce: Workshop Offers Empowerment for Women," Carrie Miller, Feb. 14, 2012
]]>A father of ten is in danger of being arrested after failing to pay child support to the mother of his three-year-old child. Vicente Padilla recently signed a minor league baseball contract with the Red Sox, but he won't be hitting the field anytime soon if he does not pay up.
]]> Padilla is originally from Nicaragua. He is currently being held there and facing potential arrest for missing a court hearing and failing to pay $540 a month in child support.The baseball player is hoping to be one of the pitchers in the starting rotation for the Red Sox, but he is competing against three other players for the spot. If he makes the roster, he will be paid $1.5 million. However, the position will likely go to someone else if he is unable to get to spring training.
The 34-year-old pitcher has played baseball for the last 13 years. He most recently played for the Los Angeles Dodgers. He has made more than $50 million in his baseball career.
In a situation like this, it appears that Padilla has the resources to make the necessary child support payments. However, if he chooses not to make the payments, he could be left without a job.
Source: CBS Boston, "Padilla Stuck In Nicaragua For Failing To Pay Child Support For 10th Kid," Feb. 2, 2012
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