Tuesday, March 29, 2016

Five Essential Questions To Ask Your Divorce Lawyer

Ending a marriage is typically an emotionally painful process that also involves complex legal procedures. At your first consultation, a knowledgeable divorce lawyer can summarize the important aspects of family law, the process, and your initial options. During this meeting, you should also have the opportunity to discuss the specifics of your situation, describe what you're hoping to achieve, and ask questions that are at the forefront of your mind. Most questions that come up at this stage revolve around child custody and financial issues. Here are the top five questions to ask your attorney that should help you obtain the most relevant information to make the legal aspects of your marriage dissolution more manageable.

1. What Is Your Fee Structure?

This should be the first question you ask your divorce lawyer. You will need to know whether a fixed fee will be charged or whether you will be charged an hourly rate for all the work performed on your case. Try and get a specific cost range if your case ends up going all the way to trial. Considering that some divorce cases can take years to resolve, it's imperative to understand the long-term financial implications.

2. What Are The Legal Procedures In My State?

Every state has its own unique requirements for how divorces must be filed. The amount of time that it will take from start to finish varies greatly depending on the circumstances of your situation, but your attorney should be able to give you an approximate timeline and an overview of the exact steps that will be taken throughout the filing process.

3. Can I Ask For Alimony?

Whether you are hoping to seek alimony for yourself or you think your spouse may seek it from you, you'll want to know what the laws around alimony are in your state. Some states make eligibility dependent on how long you were married, whether one spouse stays home to raise the kids, or whether one spouse makes substantially more money than the other. In any case, an experienced divorce lawyer can guide you through the specific rules in your state.

4. How Will Child Custody Be Determined?

If you have minor children, one of the most difficult issues when a marriage ends is deciding who will have custody. If the parties cannot agree on their own, a judge will step in and make the decision based on available evidence. It's important to understand what factors the judge will consider when making this critical decision, and an attorney can counsel you on exactly what to expect.

5. How Will Marital Assets Be Split?

Another significant and often time-consuming issue relates to finances and how marital assets will be split. Most states have a formula that will govern the split for jointly held assets. A divorce lawyer will have the expertise to explain the legal framework for how assets are divided in your state and will explain how state property laws ultimately dictate each spouse's ownership rights.

Once you've been through the initial consultation and had the opportunity to ask these important questions, you will be in a much-improved position to make informed choices throughout the remainder of the process.

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Saturday, March 26, 2016

How to Find the Right Workers Compensation Lawyers

Just about everyone needs to work and when you get hurt doing so, it is often costly. Not only do you lose money if you can't work, but it can cost you money having to go to for treatment. If your employer doesn't want to pay for treatment, you'll need to hire a workers compensation attorney. Finding a lawyer that can help you get the compensation you deserve can be tricky. But when you know what to look for, you can get the compensation you deserve.

Your first step when it comes to looking for workers compensation lawyers is to contact your state to make a complaint. Each state has different laws when it comes to workers compensation, so you'll want to make sure you follow them exactly in order to be entitled to the money you should receive.

Next, you can ask around for referrals to quality workers compensation lawyers. If you know someone who had to use a lawyer's services, ask if the person would recommend using the lawyer again. If you trust the person, you should take his or her advice and consult with the lawyer. If the person had a negative experience with the lawyer, you should find someone else.

You can also look at a lawyer's website to find workers compensation lawyers in your area. Look under the workers compensation heading to find those that have expertise in that area. Once you find a lawyer you are interested in, set up an appointment to meet and consult with him or her.

Pay attention to how the lawyer interacts with you. If he or she is an attentive listener, seems genuinely concerned about your well-being and honestly wants to help you, this person may be the right lawyer for you. If the lawyer seems impatient or like they are not really interested in your case, you should probably find a new lawyer.

After you have met the attorney, gather as much information as you can about him or her. Investigate the lawyer's background and find out how much experience they have dealing with compensation. Visiting your state's licensing agency or the lawyer's website should give you the information you are looking for. If you feel the lawyer has had adequate experience dealing with employee compensation and a successful track record, you may want to consider hiring this person.

Before you hire the lawyer, ask about the retainer agreement and any references. Make sure you can afford the price the lawyer is asking before you agree to hire them. Additionally, make sure you ask questions if you are unsure of the details. Also, inquire about any extra court fees you may incur as a result of the lawsuit, including copying, expert witness and court reporter fees.

Realize that your case may not win and it could take several years before the court provides you with a definitive ruling. However, when you have quality workers compensation lawyers by your side, you have an excellent chance at winning your case.

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Wednesday, March 23, 2016

Legal Separation or Divorce

There are three ways to end a marriage.

1. Nullity or Annulment
2. Legal Separation, or
3. Divorce

A. Nullity takes the position the marriage never took place. There are certain conditions which a party may use to end the marriage.

Among them are:

Incestuous marriage (marrying a relative)
Bigamous marriage (one party already married to another)
Age at time of marriage (less than 16)  Unsound mind (mental illness or disease) 
Fraud in the inducement (Promise made before marriage which was not kept as soon as marriage occurred. Like promising to have children or practice a certain religion.)  Force (kidnapping a spouse and taking away the ability to enter into marriage contract voluntarily) Physical incapacity ( medical condition which does not allow one party to enter into a marriage. For example coma or no known way to communicate.


Simply moving out of the house is NOT a Separation. You are still married. At most you can call it being "estranged." This means that until a Petition for a judgment of Legal Separation is filed in the Superior Court the judge has now jurisdiction (power) to make any orders for things like child custody; child support; spousal support; payment of bills or any of the issues which exist in your marriage.

The biggest difference between a Legal Separation and a Divorce is the effect once the Judgment is issued. In a Legal Separation the marriage is truly not terminated. One party can remain on the health insurance of the other. The parties can continue to file joint tax returns. Neither party is free to remarry. The court will not grant a request for a name change.

Simply stated a Separation is akin to a Divorce for Catholics.

If after a period of time one spouse wants to end the status of Legal Separation into a full divorce a whole new case needs to be filed in court. There will be a six month waiting period before the divorce judgment will be effective. However, any Marital Settlement Agreement entered into by the parties in the Legal Separation will be used in the divorce process as well.


A divorce ends any legal connection between spouses. Neither can claim any interest in property accumulated after the judgment becomes final. Either party is free to remarry. They can no longer be covered on the health insurance of the other or file joint tax returns.

The Marital Settlement Agreement in a divorce is similar to the one created in a Legal Separation. It covers all of the issues which need to be resolved for each specific case. So long as there is no fraud or lying about assets or debts accumulated during the marriage the judgment will be valid and enforceable.

So long as each party can get affordable health insurance on their own there are few reasons to put off a full divorce.

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Sunday, March 20, 2016

How Does Your Age Affect Your Social Security Disability Claim?

Each year more than 2.5 million disability applications are filed with the Social Security Administration. Of these applications, only 30 percent are approved at the initial stage of the application process. The remaining 70 percent must appeal the SSA's decision to deny benefits or give up hope of receiving benefits.

Many people wonder why applications are approved or denied and whether or not age plays any part in the SSA's decision as to whether or not they will award benefits. If you have considered applying for disability and wonder how your age will affect your disability claim, the following information will help you understand what role your age plays in your ability to qualify for disability benefits.

Age and Social Security Disability

Age is not always a determining factor when it comes to disability applications, but many times it does play a part in the SSA's decision on whether or not to award disability benefits. This is due to the medical and vocational guidelines that are set forth by the SSA.

When the Social Security office reviews a disability application, certain medical and vocational guidelines must be followed when deciding whether or not to approve a claim. There are guidelines set forth that pertain to one's age, but that does not mean your age will automatically disqualify you from receiving disability benefits.

When the SSA reviews your disability application, they must determine whether or not you are able to participate in gainful employment. Even if you have suffered a disability that prevents you from performing your usual job functions, your age may play a part in determining whether or not you can perform other types of work.

Let's say, for example, that you have no experience other than construction work. If you suffer a back injury and are unable to perform your usual line of work you may want to apply for disability benefits. Even if your condition falls under Social Security's Impairment Listings, this does not mean you will automatically qualify for benefits. Your age may also play a part in the decision.

Using the above example, if you are over the age of 50 your chances of being approved for disability benefits would be much greater than if you were in your twenties or thirties. This is because it would be much harder for you to enter into a new line of work. If you are younger, the SSA would expect you to obtain the necessary work skills to perform other types of employment. On the other hand, if your disability prevents you from performing any type of work whatsoever, you would likely be approved for disability benefits regardless of your age.

Determining the Role Your Age will Play

If you are applying for disability benefits, it can be helpful to understand how the SSA views the different age groups and work categories. If you are younger than 44 years of age, the SSA will view you as a young individual. Those who are between the ages of 44 to 49 are considered younger individuals and those between the ages of 49 to 55 are considered to be advancing in age. If you are over the age of 55 when you apply for Social Security Disability benefits, the SSA will consider you advanced in age.

Along with determining your age, the SSA will also determine what types of work you can perform. There are four categories into which Social Security groups functional capacities including sedentary work, light work, medium work and heavy-weight work. No matter how young you are, if you are unable to perform even the sedentary level of work due to your disability, you will likely be approved for disability benefits.

What to Do If Your Claim Is Denied

If you apply for Social Security Disability and your claim is denied, it is in your best interest to file an appeal with the Social Security Administration within 60 days of receiving the decision notice. If you feel that your age has played a part in your denied Social Security Disability application and that the Social Security Administration did not fairly take into consideration your inability to perform any type of work whatsoever, you should retain the services of a Social Security Disability attorney. Your attorney can increase your chances of a successful Social Security Disability claim and will ensure that all aspects of your disability are taken into account during the Social Security Disability appeal process.

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Thursday, March 17, 2016

Steps to Take When Choosing Divorce Lawyers

The practice of family law includes representing parties navigating the process of divorce. When you are dissolving your marriage, you may need to explore various attorneys to find one that you wish to represent you. Divorce lawyers are experts in this field, which enables them to help their clients during this difficult time.

Set Realistic Goals

Breaking off a marriage is often a messy process. Custody issues and the division of assets typically result in high stress and volatile emotions for both parties. To proceed successfully, you will need to know what you want to have on the other side of the divorce. Some goals may not be possible, necessitating that you adjust your expectations accordingly. For example, you may want to continue living in your house, but the asset division necessary may not make keeping the house possible. Once you set realistic goals, focus on them throughout the process.

Explore Your Options

Divorce lawyers are an integral part of this process for many proceedings, especially the ones that involve traditional litigation to disentangle assets and resolve child custody. However, if you have simple issues, you may not even need an attorney to represent you. In these cases, you might be able to hire a mediator instead of an attorney to save money. For situations with complicated settlement issues, you will need to explore legal representation to ensure that you have a litigator in your corner.

Initial Contact

Find at least three attorneys practicing local family law and evaluate the pros and cons. This professional will need negotiation experience, solid knowledge of the system, exceptional communication skills, and creative problem-solving abilities. You might find these initial names on the Internet, through personal recommendations, or in the phone book.

Research Tips

Speak with the divorce lawyers in an initial phone conversation. Ask questions about personal experience and any specialization within the practice of family law. Find out about typical clients the professionals represent, fees and retainers, free consultations, and the typical way each lawyer handles a case. Some attorneys handle most of their own day-to-day consultations, and others hand off these tasks to support staff. Ask about the other experts on staff who might also be assisting you, such as forensic appraisers, financial experts, and mediation coordinators. Examine each lawyer's trial record to learn about this history. If possible, make an appointment with each person you are considering to receive a consultation and recommendations for the case.

Final Selection

During a consultation appointment, you will have an opportunity to share details of your case. Divorce lawyers should be able to take this information and provide you with guidance about the process. The consultation will give you an idea of how compatible your personality is with the attorney's and whether you feel comfortable with this professional. When it comes to divorce, your comfort is essential, as the legal proceedings can involve extreme emotions.

Make your final selection based on professional style, affordability, and the responsive nature of the lawyer.

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Monday, March 14, 2016

SSI and Social Security Disability Denial Help

Social Security disability laws were put in place to protect individuals who have become disabled and are therefore unable to work. The Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) programs offer disabled individuals life-saving benefits and financial support when they are otherwise unable to gain a viable income due to their disability. Many Americans depend on SSI or SSDI benefits for critical help and to ensure they receive financial assistance and adequate medical care now and in the future. Unfortunately, about 70-75% of initial Social Security Disability claims are denied by the Social Security Administration (SSA), which can be extremely frustrating for a person who has become disabled and is unable to work. More importantly though, 60-70% of initial denials are ultimately accepted after reconsideration or a hearing before an Administrative Law judge, a promising statistic which many people may be unaware of. If your initial SSI or SSDI claim has been denied, contact a Social Security benefits attorney for help.

Application Process for SSI and SSDI Benefits

The Social Security and Supplemental Security Income disability programs are the largest of the various Federal programs that provide assistance to people with disabilities. Although the SSI and SSDI programs are different in many ways, they are both administered by the Social Security Administration and only applicants who meet medical criteria may qualify for benefits under either program.

When you apply for either the SSI or SSDI program, the SS Administration will collect medical and other information from you in order to decide whether or not you meet the Social Security's definition of disability. The definition of disability under Social Security is different than other programs, because Social Security offers benefits only for total disability, not for partial disability or short-term disability. According to the SSA, an individual is disabled if he cannot do work that he did before, if the administration decides that he cannot adjust to other work because of his medical condition, and if his disability has lasted or is expected to last for at least one year or to result in death. The definition of disability determined by the SSA is strict; program rules assume that working families have access to other resources for support during periods of short-term disabilities, including worker's compensation, insurance, investments and savings.

If your application has recently been denied, you can contact a SS benefits attorney and issue an appeal in order to request a review of the SSA's decision about your eligibility for disability benefits. If the application has been denied for medical reasons, you can submit the required Appeal Request and Appeal Disability Report online, which asks for updated information about your medical condition and treatment since the initial SSA decision was made. If your application was denied for non-medical reasons, you can contact your local SS Office to request a review of the SSA's decision, or call the SS Administration to request an appeal.

Major Reasons SSDI and SSI Claims are Denied

There are a number of common reasons that a judge will deny benefits for SS Disability claims. In some cases, if an applicant has filed previous applications for benefits, the judge will automatically deny the claim for SSDI benefits. Other major reasons an SSDI claim may be denied include: the disability applicant lists numerous impairments but not a main problem, the medical problem does not meet the SSA listing for that specific problem, and the applicant worked after the onset date of the condition. Regrettably, some SSDI claims are rejected simply because judges are overwhelmed by the huge influx of disability claims and benefits applications, causing them to sometimes randomly deny SSDI claims in order to save time.

There are also several different reasons why a claim for Supplemental Security Income may be denied, including: the applicant's income and resources are too high making him ineligible for benefits, the applicant cannot be located due to a change of address, or the applicant refuses to cooperate or fails to follow prescribed therapy. In addition, if the disability is based on drug addition or if the applicant is convicted of a crime or commits fraud, the claim for SSI benefits may be declined.

Hiring an SSI or SSDI Attorney for Help Following a Claim Denial

Although nearly three-quarters of initial claims for Social Security benefits are denied, it is important for applicants to remember that 60-70% of these rejected claims are ultimately accepted after a second review. Unfortunately, some applicants for SSI or SSDI aid may give up after a claim denial, under the assumption that there is nothing they can do about it. If you have submitted an SSI or SSDI claim and it has been denied by the Social Security Administration, contact a Social Security benefits attorney immediately. You may be able to request an appeal by the SSA, in which case your claim can be reconsidered and potentially approved. Having a Social Security benefits lawyer on your side when resubmitting a SSI or SSDI claim is critical, and may significantly improve your chances of success when the SSA reevaluates your case. Disabled individuals deserve to receive the assistance they require and should never have to face a denied benefits claim. With the help of a Social Security benefits lawyer, you can resubmit your claim for future and past benefits and receive the financial assistance you deserve.

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Saturday, March 12, 2016

Six Steps To Find The Best Divorce Attorney

It is a fact that all marriages don't last forever. When you think that the divorce is the only option left to live a stress free life, then it is important for you choose the right Divorce attorney who has a wide array of knowledge to best satisfy both you and the other party.

We would like to mention some of the key points that can help you find the right divorce attorney.

1. The Experience Of The Divorce Attorney - You must understand that the Law offices, which have been in this particular business for several years will only use the lawyers who have a great experience in this particular field of law.

It would be an icing on the cake, if you found the lawyer that has handled cases like yours. So, it is very important to find the lawyer that has a minimum of five years in handling divorce cases.

2. Proficiency Of The Divorce Attorney - A well-qualified lawyer will always be trained in various fields related to the divorce. The fields in which he/she is more likely to have skill are, obtaining child and spousal support, division of property, legal counseling, enforcement orders, etc.

3. Referrals Given By The Divorce Attorney - This is also an important point because if the lawyer is reluctant to give you any referrals, then he/she is hiding something from you.A reliable lawyer will have no problem giving you the referrals.

He/she is not able to show the details of the cases that he/she has handled, but he/she can certainly ask those clients to testify on his/her behalf. You should also make sure that the referrals given by the lawyer are not that old.

4. The Reviews Given By The Previous Clients - We are living in the world, where everything get done online. Many divorce attorneys have their own website, so if you are about to complete things with someone, then you should take a look at his/her website. If there are more positive reviews on the website, then you can consider finalizing the deal with that lawyer.

There are many people who like to post their experiences at the time of their divorce. You should not restrict yourself to just one opinion. Instead, you have to check out a good amount of websites to be sure about the lawyer you are about to hire.

5. Check Out The Accessibility - This is another important point to consider when researching your divorce attorney. You should try to find out how accessible your divorce attorney is. How quickly does he/she responds to phone calls and emails? How quickly can you schedule meetings with him/her?

You will not want to wait for several days, if its urgent matter to discuss. If it's an urgent matter, you should not have to wait several days. A good lawyer will always have an alternative to help his/her client, if he/she is not there to attend them. An assistant or maybe a fellow lawyer will take care of the proceedings until he/she reaches back.

6. Trustworthy - You can't skip this point. It is important for you are comfortable with the lawyer. If you have any issues about his/her working or behavior, then you have to either tell him/her about that or switch to another lawyer. A good, honest and sensitive lawyer will take care of all the needs of his/her clients.

These points will help you find the best divorce attorney for your case. A good lawyer will not just make a strong case, but it will present your case in a great way in front of the court.

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Tuesday, March 8, 2016

Five Reasons To Contact A Social Security Disability Attorney

Because they are unable to work, about 12 million Americans with disabilities receive regular income supplements from the government. Managed by the Social Security Administration (SSA), the federal insurance program is designed to provide for those that cannot support themselves financially. But because some unscrupulous sorts try to take advantage of the system, a rigorous screening process helps determine which applicants truly need and deserve financial assistance.

The Numbers

According to official figures from the SSA, only about 40 percent of all applications for Social Security Disability Insurance (SSDI) are approved at the state level. Why are so many requests for help rejected? As mentioned, some applicants exaggerate and invent impairments for a chance at some easy money. Then there are those who have legitimate issues but don't know how to apply for benefits. These are the people that should contact a social security disability attorney as soon as possible.

How Can An Attorney Help?

You have a much better chance of receiving SSDI benefits if your case appears before an administrative law judge (ALJ). More than two-thirds of hearing decisions result in approval, according to official data from the SSA. The reason is that many of these applicants are represented by an attorney. As long as you have a legitimate impairment, these legal specialists can help you win your claim. How?

Making A Case

Just like any other court case, a disability attorney must build an argument based on evidence. He must then present it according to the rules of the court. Because few applicants have a high level of familiarity or expertise with this process, the chances of them developing an accurate, persuasive case are small. You probably only have one opportunity to make your case and start receiving the SSDI benefits you need.

Going At It Alone

Although it is possible to represent yourself at an ALJ hearing, it's uncommon for a reason. Most petitioners weigh the risks of going without legal representation against their future livelihood and decide to contact a social security disability attorney shortly after that.


Because they work on a contingency basis, these lawyers will only charge you if they win. As such, they only take cases that they believe. What does this mean for you? For starters, you should bring medical evidence of your disability to your initial consultation. The lawyer can then peruse doctor's notes and other evidence to determine if you have a solid case.

An experienced social security disability attorney can significantly increase you odds of receiving supplemental income for your impairment.

Article Source: http://EzineArticles.com/?expert=Abraham_Avotina

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Saturday, March 5, 2016

Workers Compensation Attorney - What Every Employee Should Know

The day may never come that you need to hire a workers compensation attorney; then again, that day may have already arrived. If you are free of injury today, however, that doesn't dismiss your responsibility to know how the system works. It's important to know the steps you should take when you are hurt on the job because there may not be time for research once an incident happens. Whether you break your hand doing something foolish or lose your leg as the result of your company's machinery, you should be covered by the federally mandated insurance system. That said, things don't always work out that way. They almost certainly won't if you fail to take the proper steps. Here's what every employee should know about getting injured at work.

Report, Report, Report

Any workers compensation attorney will tell you that many people come to them with what are nearly unwinnable cases. Why? Because the employee failed to report his or her injury at the time it occurred. If you hurt yourself while operating the commercial washing machine but don't say anything until a week later when you think the injury might be more serious than you thought, you may be too late. There is no chain of documentation to back up your claims.

See Your Employer's Doctor

Employers will often have a particular doctor or clinic they like their employees to see in case of incident. Now, obviously, if you are hurt to the point where you require immediate emergency attention, your destination will be the nearest hospital. In cases where the need for medical care is not as urgent, however, you will be directed to a specific doctor. Go there. If you choose to ignore this direction, you may find that your bills are not covered by the insurance plan.

Tick the Job Box at the Clinic or Hospital

At most clinics and hospitals, part of the admission form will include a box to tick if you were hurt while at work. Don't overlook this step, as this tells the clinic's billing office to send the bill to your employer or the insurance company instead of sending it to you. This can certainly avoid a lot of the hassle that might come later on.

Don't Cheat

If you need a workers compensation attorney because you genuinely believe you are not being covered for an injury that should be, that's fine and that's within the fair scope of your rights. Don't attempt to cheat the system, however, as you will almost certainly be caught. Cheating attempts are very common in the field, and the law has gotten extremely good at identifying the characteristics of a malingerer.

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Wednesday, March 2, 2016

6 Tips That Will Help You Understand Child Support

Whether you are going through a divorce or just separating from your partner, you'll need to make child support arrangements for any children that you share. The few tips listed below will help you successfully navigate the system.

Determine Who Will Have Primary Custody

Primary custody does not mean sole custody. It simply refers to the parent the child will spend the majority of their time with. For example, if a child spends school days with mom and weekends with dad, then the mother would be listed as the primary custodian, even though both parents are sharing joint custody. This is one factor the judge will look at when determining monetary support obligations.

Prepare an Income Statement

Another factor in deciding the amount of funds to be set aside for the care of a child is how much each parent currently makes at his or her job. The judge will want to see evidence, so take the time to create an income statement that accurately reflects your wages.

Seek Legal Representation

Although you can file for child support without hiring a lawyer, it is not recommended. Seeking legal counsel is the best way to ensure that your child gets adequate support if you are the primary custodian. On the other side, an attorney is knowledgeable about how much money is fair so that you don't end up paying above what is reasonable.

Make Adjustments if Necessary

An order of support is not set in stone. If either party experiences a change in income, or one parent begins to take over the majority of the care of the child, an adjustment can be made. Your lawyer can help you get an adjustment if one is warranted.

An Order Doesn't Necessarily Stop at Age 18

It is a common assumption that child support stops once a minor turns 18, however, this is not always the case. The order can actually remain in effect until a child finishes school, which includes up to five years in college. There are other exceptions to this as well, such as a child who suffers from a disability that renders him or her unable to work.

Take Steps to Enforce the Order

Should the non-custodial parent fail to pay the amount ordered by the judge, there are steps you can take to have the child support agreement enforced. First, you can call the case manager that has been assigned to you and request a delinquency notice. Second, if the delinquency notice is not heeded, you can request a warrant for non-payment of support. Keep in contact with your case manager, and remember that he or she is there to work on behalf of your son or daughter.

Laws are changing all the time, so it is important that you check with your legal representative before requesting aid from the court system. Also, your lawyer will better be able to explain to you the complex formulas used by courts to determine the monetary amounts sufficient for the raising of your child.

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