» Family Law

Zephyrhills, FL (Law Firm Newswire) December 28, 2012 – The U.S. Census Bureau says nearly 60 percent of parents do not receive all of the child support to which they are entitled. “Unfortunately, a growing majority of parents do not get all the child support they are owed,” said Zephyrhills divorce lawyer Marcie Baker. “In this stagnant economy, that trend is likely to continue.” Court orders of child support can be enforced with the help of a family law attorney. State law also requires the Florida Department of Revenue (DOR) to assist in the collection of child support. Some who [...]


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Brandon, FL (Law Firm Newswire) December 26, 2012 – The Florida Supreme Court heard a child custody case arising between two lesbians, but the case may be remanded to a lower court. Attorneys on both sides of the case said it will probably not affect other couples. “Although this case is unusual, it illustrates that divorce and child custody matters have many potential complications,” said Brandon divorce attorney Joshua Law. The genetic mother was an egg donor for her partner, who carried the child and gave birth in 2004. Two years later, the two women separated, and a child custody [...]


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Denver, CO (Law Firm Newswire) December 21, 2012 – Journaling and otherwise ruminating on the emotions surrounding separation or divorce may not be helpful. According to a recent study released by the Association for Psychological Science (APS), an individual who maintains a journal into which they record their feelings and turmoil during and after a separation, or divorce can feel just as badly months later. The researchers discovered that writing down feelings can often fix into place a sense of emotional distress. The APS researchers set out to evaluate the psychological effects of what they call “narrative expressive” journaling to [...]


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Fairfax, VA (Law Firm Newswire) December 19, 2012 – A recent study states that Northern Virginia has seen a dramatic rise in domestic violence arrests. The study, Domestic Violence in Virginia 2006-2010, just released by the Virginia Department of Criminal Justice Services’ Criminal Justice Research Center, shows an increase of almost 70 percent in domestic violence arrests from 2006 to 2010. The greatest increase in the number of arrests was in Fairfax County: arrests were up by more than 300 percent in the five years studied. The statics, compiled by the Fairfax County Police, show more than 1,750 domestic assault [...]


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Fairfax, VA (Law Firm Newswire) December 14, 2012 – According to the Federal Office of Child Support Enforcement, billions of dollars are owed each year in unpaid child support. In 2009, non-custodial parents owed more than $100 billion. The unpaid support becomes a government issue and an issue for taxpayers: a large number of the children not getting that support have to go on public assistance. If a child is on public assistance, the child support payments owed are supposed to go to the government as reimbursement: almost 50 percent of the money owed, approximately $53 billion, is currently owed [...]


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Denver, CO (Law Firm Newswire) December 10, 2012 – Pet owners often think of their pets as members of their family. This can be an issue during a divorce for both parties. The much beloved pet in a marriage may become a pawn if the divorce turns acrimonious. “Some people do consider their pet like a member of their family,” says Bill Thode, Denver divorce attorney. “But under Colorado law, when working out custody and divorce issues, pets are considered personal property.” Generally, judges prefer to not become involved in pet disputes. They may advise both parties to work to [...]


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Denver, CO (Law Firm Newswire) November 30, 2012 – Numerous high-profile child custody cases across the U.S. have spurred renewed interest in how custody is determined and how it may differ from state to state. In Colorado, there are a number of statutory factors considered by the court when determining the custody of minor children. The Colorado court system calls child custody “parental responsibility;” parental responsibility can encompass joint or primary custody. “The Colorado courts apply several criteria when determining parental responsibility,” says Bill Thode, Denver custody attorney. “Colorado courts attempt to decide child placement and parental responsibility issues based [...]


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Fairfax, VA (Law Firm Newswire) November 27, 2012 – According to Fairfax divorce attorney Lisa McDevitt, there are several changes an individual may wish to make to their estate plans when they divorce their spouse. “One of the things you should check is if you need to rewrite your power of attorney,” says McDevitt. “Your divorce may not invalidate your will, but may invalidate your spouse as power of attorney.” If a divorced couple on good terms wishes to keep each other as “attorney in fact,” it is advisable to check with the divorce attorney during the proceedings and work [...]


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Denver, CO (Law Firm Newswire) November 21, 2012 – According to a recent economic report released by the U.S. Census Bureau, after divorce, a woman’s level of lifestyle drops some 37 percent. Meanwhile, a divorced man’s level of lifestyle typically increases by 63 percent. According to Denver divorce attorney Bill Thode, while divorce may shake up almost all the aspects of someone’s life, there are ways to limit the fallout. The most pressing issues, says, Thode, are ones of basic survival. “Determining where to live, or how to manage the once-shared home, is decision number one. Sorting out general finances, [...]


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Zephyrhills, FL (Law Firm Newswire) November 16, 2012 – It is important for couples who have decided to get divorced to separate credit card accounts and existing credit card debt. A little care and diligence goes a long way to protecting both parties’ credit and overall finances. “Credit cards can create problems even in happy marriages,” commented Zephyrhills divorce lawyer Marcie Baker. “For divorcing couples, it is very important to separate each party’s credit from the other’s.” First, gather all relevant data. This means that both parties should obtain a credit report from each of the three major agencies: Equifax, [...]


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Fairfax, VA (Law Firm Newswire) November 16, 2012 – October was National Domestic Violence Awareness Month, but awareness should be year-round. Even though most think of a “battered wife” or girlfriend when they think of domestic violence, both men and women, and both same-sex and opposite-sex relationships, can experience domestic violence. And while domestic violence awareness continues to grow in the U.S., the numbers do not seem to be dropping. The National Centers for Disease Control has reported that some 40 percent of physical domestic violence is against men, and 50 percent of assaults that involve deadly weapons are against [...]


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Brandon, FL (Law Firm Newswire) October 31, 2012 – A gathering put on by a group called Split Partners, which provides support for people going through divorce, recently highlighted strategies to help those struggling with the process. “Divorce, while never a completely pleasant process, doesn’t have to be a source of extreme stress and personal anguish,” said Brandon divorce lawyer O. Reginald Osenton. The emphasis society has placed on marriage, says the Split Partners founders, has led to great difficulty for some individuals following a divorce. Divorce can lead to a decline in personal income, as sharing living expenses and [...]


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Denver, CO (Law Firm Newswire) October 25, 2012 – Noncompliant individuals who owe child support payments may have their government benefits garnished. The Treasury Department has issued a rule which allows creditors to garnish up to $700 per month of Social Security payments and Veterans Administration benefits from noncompliant individuals who owe child support payments. The garnishment is slated to begin as of March 2013, as soon as those payments are directly deposited via electronic funds. The benefits are to be protected from creditors by banks by means of a tagging system, a way to protect up to two months’ [...]


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Brandon, FL (Law Firm Newswire) October 25, 2012 – Chad Johnson (formerly Ochocinco) and Evelyn Lozada are no longer married. Lozada filed for divorce from Johnson some 40 days after their wedding ceremony, after Johnson was arrested for domestic battery outside their Miami home. Johnson was accused of head-butting Lozada during a dispute. “Allegations of domestic violence are always troubling,” said Brandon divorce lawyer O. Reginald Osenton. “And victims need to stand up for their rights.” One month after his arrest, Johnson had a plea agreement approved by a Broward domestic violence judge. The six-time Pro Bowl player pled no [...]


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Zephyrhills, FL (Law Firm Newswire) October 19, 2012 – Complicated legal issues may arise when, as is often the case, a divorced parent wishes to relocate with their child(ren). Florida law strictly regulates the relocation of a child’s primary residence in order to protect the well-being of children. A recent case demonstrates that even well-established laws can allow for very different interpretations. “Relocation of a child’s primary residence is potentially disruptive to the child’s life and parental relationships,” said Zephyrhills divorce lawyer Marcie Baker. “It is important that the rights and responsibilities of everyone involved are well understood.” Florida Statute [...]


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Denver, CO (Law Firm Newswire) October 18, 2012 – Courts in all fifty states can find it difficult to collect delinquent child support payments from a noncustodial parent. In attempting to collect, they try everything from instituting tougher penalties to the revocation of professional certifications. They even, in some cases, impose jail time. But the Maryland court system is attempting a new approach. “Maryland is to be applauded for the way it has approached the very real issue of noncompliance when it comes to child support payments,” said Denver child custody lawyer Bill Thode. “It may be that other states, [...]


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Denver, CO (Law Firm Newswire) October 11, 2012 – Bill SB 1476, is currently in front of the California State Assembly, which would allow judges to recognize more than two parents for one child. The legislation has passed the California Senate and is slated to be sent to the governor’s office. “This bill currently has no effect on Colorado family law,” stated Denver custody lawyer Bill Thode. “Though it will be interesting to see how this may play out later in terms of divorce and custody issues in other states.” If passed, SB 1476 would be similar to legislation in [...]


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Fairfax, VA (Law Firm Newswire) October 5, 2012 – Though divorces happen, a contentious divorce doesn’t have to be standard operating procedure. Author Alan Dunn recently argued in Huffington Post’s “A Diplomatic Divorce Is the Only Way to Go,” that though divorce is fraught with emotion, regardless of the reason for the split, it is possible to have an amicable divorce. Dunn defines an “amicable divorce” as one where the parties agree to the terms of spousal support, custody arrangements, child support, and the division of estate and other assets without first going before a judge. An amicable divorce is [...]


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Denver, CO (Law Firm Newswire) October 1, 2012 – While the process of divorce may not have a direct effect on someone’s credit score or credit history, personal credit may be affected. According to Rob Berger at DoughRoller.net, the way individuals in a marriage manage their financial separating during a divorce will help determine if and how their credit rating changes once they are legally split. It pays to plan ahead in order to avoid costly long-term mistakes. For example, even if just one spouse is ordered to pay off a debt, such as a jointly-held credit card, warns Berger, [...]


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Zephyrhills, FL (Law Firm Newswire) September 28, 2012 – A professional basketball player for the Miami Heat has allegedly claimed a Texas residence as his home, rather than Florida, though he plays and practices in Florida. It is assumed that the address change is to reduce child support payments. If his primary residence is legally recognized as Florida, current child support allocation is three percent of his income per month, according to reports. The player’s estimated salary is $18 million per year, which means, if true, he would be paying $30,000 per month. If the player, Chris Bosh, has a [...]


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