How Does The Court Determine If Property is Marital Or Non-Marital Property? The courts have no authority over non-marital property. So, the first thing the court has to do is determine whether they have authority over property. Generally speaking, all property acquired by either spouse before the marriage is considered non-marital property. All property acquired after the marriage is considered property of the marriage or marital property. If the property is marital property then the court must “equitably” divide the property. Property Is Presumed To Be Marital Property Except For:
Child SupportWhen married parents divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the non-custodial parent, or the one with whom the child does not live, to pay a certain portion of his or her income as child support. When the child is in the custody of both parents, however, and the parents are providing a reasonable level of support, the law usually does not interfere with or regulate the amount of financial support provided.Because in the United States nearly half of all marriages end in divorce and almost one-fourth of all children are born to unmarried parents, the regulation of child support is an important social issue. Whereas once the arrangement for and payment of child support was left to the parents, now state child support enforcement agencies are taking an aggressive role in seeking payments from non-custodial parents. Frequently, the agency and court will work together to implement a child support withholding order, by which the child support amount is automatically taken from the payer's paycheck. If the child support payments become delinquent, the agency can implement other collection mechanisms, such as withholding support amounts from tax refunds, or seizing real estate or personal property.Child support orders are issued by the family court, which bases the amount of the support on the state child support guidelines. These guidelines establish the amount of support that must be paid, based largely on the non-custodial parent's income and the number of children. The court will also take into account other relevant factors, such as the custodial parent's income and the needs of the children. The court can deviate from the guidelines if there are significant reasons to do so. The fact that the custodial parent has a high income does not itself justify deviation from the guidelines, because under the law children have the right to benefit from both parents' incomes. Child support can be increased if there is a change in circumstances justifying the increase, such as an increase in the payer's income or the cost of living, a decrease in the custodial parent's income, or an increase in the child's needs. Similarly, the amount can be reduced if the circumstances justify the reduction.In cases involving unmarried mothers seeking child support, the first step may be to legally establish the father's paternity of the child. The father can do this voluntarily, but if he does not the mother may need to bring a lawsuit to establish paternity, which is usually done using genetic (DNA) testing. The court will order the putative, or alleged, father to submit to the testing if he does not agree to do so voluntarily. Once paternity is established, the court will issue a child support order in a manner similar to that in a divorce situation.When the non-custodial parent moves to another state, the custodial parent may have to rely on the Revised Uniform Reciprocal Enforcement of Support Act to implement or ensure payment of child support. This Act provides the mechanisms by which a support order issued in one state can by enforced by the courts of another state.A lawyer experienced in family law can assist a parent in obtaining an order for child support in an appropriate amount, and in enforcing the order once issued. Family law lawyers can also represent either parent in a support modification proceeding, or in a proceeding to establish or disprove paternity. Because the well-being of children is at stake, child support issues are of paramount concern, and the assistance of an experienced lawyer is essential to the process.Questionnaire: Child Support Calculation InformationTo read and printout a copy of the Questionnaire please click below. Child Support Calculation InformationYou can download a free copy of Adobe Acrobat Reader here.Copyright © 1994-2006 FindLaw, a Thomson businessDISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. 5 Rules For Social Media Use During Divorce By Andrew Lu on February 20, 2013 You might not want to broadcast everything that is going on in your divorce via social media. All too often, disgruntled spouses take to sites like Facebook and Twitter to express their frustration with their ex-partners. But if you hit "post" too hastily, you could be digging an even deeper hole for yourself -- and you may have to explain yourself in court. Here are five social media rules to keep in mind as you go through your divorce:
Before you let things go this far all of you out there thinking about making some future changes whether you be the Mr. or Mrs. of the household. please take a moment and give Riebesehl Family Law Offices a call at (602) 621-0779 and let us help you make the necessary changes safely with over 25 years of Family Law excellence and experience!
What is a power of attorney? A power of attorney, generally effective until death, is written authorization to act on behalf of the person creating the power (the “principal”). A power of attorney may be effective immediately or only upon the principal’s disability or incapacity. The power of attorney may be general or “special” (limited to a specific act). It may govern financial matters or healthcare matters or both. Health care powers of attorney are generally paired with an advanced health care directive or living will which is a statement of the health care choices the client would make under specific conditions. Call Riebesehl Family Law Offices at (602) 621-0779 to discuss this matter fully and to get your Power Of Attorney right away. Family Law-What Does it Entail?
Basically, family law is a practice area that encompasses the legal issues that face families. Such issues may include divorce. If you reach a point in your marriage and decide that divorce is the only way out, you can seek a divorce attorney to take you through the divorce proceedings. Divorce cases fall under the umbrella of family law since divorce is a matter that relates to families. In the contemporary world, divorce cases have become so popular and so have the divorce lawyers who assist people in handling divorce legal proceedings. Another common area of family law involves spousal support and child support. When a couple separates or divorce, the court may mandate one spouse to be supported by the other. Where there are children present, a court order may be passed where one partner in most cases the husband is required to financially support the children and finance their education among other needs. Another common area where family law applies is in regard to child custody cases. Where a couple gets a divorce and there is a disagreement on who should keep the children, it is imperative to file a custody case and the court gets to decide on the parent who should keep the kids. In addition, family law may apply where there is division of property between two spouses especially after a divorce. Once marriages are broken, chaos often result regarding the division of assets. In such circumstances, the court comes in and decides on the way the assets should be optimally divided between the parties involved. Most battles relating to sharing of assets after splitting a marriage often end up in court where the final judgment is made. It is also common for family law to be applied where you are seeking adoption rights. If you are seeking to adopt a child for instance, you will be required to undergo some court proceedings so as to legally adopt the child. While dealing with most family legal matters, most people seek the counsel of family lawyers. Family lawyers can come in handy in offering reliable guidance and also in pointing the way forward in regard to family law. When faced with a legal issue, many people prefer to immediately discuss things with a lawyer. The same case applies to family law. When faced with legal issues pertaining to family, it is imperative to get in touch with a competent lawyer as soon as possible. Legal issues can be of increasingly complexity. In addition, finding a good lawyer to represent you may be a challenging task. Do not just go for any family lawyer that you come across, go for a competent person who understands your case well. As you choose a lawyer to handle your family law case, it is imperative to consider the experience and competence of the lawyer in question. Remember that the outcome of your case will highly depend on the competency of the lawyer you go for. Therefore, go for a competent and an experienced lawyer as this will steer a good outcome of your case. Attorney at law, Gregory A. Riebesehl, of Riebesehl Family Law Offices In Phoenix, Arizona understands what each client and their family are going through not only professionally but also personally and has committed his life to helping families find the resolution and peace of mind they are seeking without the churning up the animosity which so many family law attorneys do in order to increase their fees and justify their outrageous billing hours. Gregory A. Riebesehl has over twenty years of family law experience and expertise here in Arizona and prides himself with practicing law with the excellence that the Courts expect and that his father before him practiced. You and all that you hold precious when going through any family law matter are in great hands when you elect to have Mr. Riebesehl handle your case so please don't hesitate, call (602) 621-0779 and resolve to find the solutions to your problems today rather than putting matters on hold any longer. You'll be so glad you did and won't be disappointed in the results nor the amount of time in which these results are obtained. Moving On After A Relationship Ends
Coping with a Breakup or Divorce It’s never easy when a marriage or other significant relationship ends. Whatever the reason for the split – and whether or not you wanted it – the breakup of a long-term, committed relationship can turn your whole world upside down and trigger all sorts of painful and unsettling feelings. But there are things you can do to get through this difficult time. Even in the midst of the sadness and stress of a divorce or breakup, you have an opportunity to learn from the experience and grow into a stronger, wiser person. Healing after a divorce or breakup Why do breakups hurt so much, even when the relationship is no longer good? A divorce or breakup is painful because it represents the loss, not just of the relationship, but also of shared dreams and commitments. Romantic relationships begin on a high note of excitement and hope for the future. When these relationships fail, we experience profound disappointment, stress, and grief. A breakup or divorce launches us into uncharted territory. Everything is disrupted: your routine and responsibilities, your home, your relationships with extended family and friends, and even your identity. A breakup brings uncertainty about the future. What will life be like without your partner? Will you find someone else? Will you end up alone? These unknowns often seem worse than an unhappy relationship. Recovering from a breakup or divorce is difficult. However, it’s important to know (and to keep reminding yourself) that you can and will move on. But healing takes time, so be patient with yourself. Coping with separation and divorce
Allow yourself to grieve the loss of the relationship. Grief is a natural reaction to loss, and the breakup or divorce of a love relationship involves multiple losses:
Tips for grieving after a breakup or divorce:
Support from others is critical to healing after a breakup or divorce. You might feel like being alone, but isolating yourself will only make this time more difficult. Don’t try to get through this on your own. Reach out to trusted friends and family members. People who have been through painful breakups or divorces can be especially helpful. They know what it is like and they can assure you that there is hope for healing and new relationships.
A divorce is a highly stressful, life-changing event. When you’re going through the emotional wringer and dealing with major life changes, it’s more important than ever to take care of yourself. The strain and upset of a major breakup can leave you psychologically and physically vulnerable. Treat yourself like you’re getting over the flu. Get plenty of rest, minimize other sources of stress in your life, and reduce your workload if possible. Learning to take care of yourself can be one of the most valuable lessons you learn following a divorce or breakup. As you feel the emotions of your loss and begin learning from your experience, you can resolve to take better care of yourself and make positive choices going forward. Self-care tips:
When you’re going through the stress of a divorce or breakup, healthy habits easily fall by the wayside. You might find yourself not eating at all or overeating your favorite junk foods. Exercise might be harder to fit in because of the added pressures at home and sleep might be elusive. But all of the work you are doing to move forward in a positive way will be pointless if you don’t make long-term healthy lifestyle choices. Learning important lessons from a divorce or breakup In times of emotional crisis, there is an opportunity to grow and learn. Just because you are feeling emptiness in your life right now, doesn’t mean that nothing is happening or that things will never change. Consider this period a time-out, a time for sowing the seeds for new growth. You can emerge from this experience knowing yourself better and feeling stronger. In order to fully accept a breakup and move on, you need to understand what happened and acknowledging the part you played. It’s important to understand how the choices you made affected the relationship. Learning from your mistakes is the key to not repeating them. Some questions to ask yourself:
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