Monday, July 29, 2019

Annulment Versus Divorce



There are various grounds upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it.

Friday, July 26, 2019

How Anger Impacts Your Relationships: Les Carter



Is your anger toward your ex affecting your friends and family? In this video, DivorceCare expert Dr. Les Carter shares strategies for dealing with emotions of hate and bitterness that protect you and preserve your relationships.

Wednesday, July 17, 2019

Modifying, Changing, Or Enforcing A Court Order In A Family Court


Modifying a family court order and enforcing a family court order are two different things but both are very important aspects of family law in America. Knowing what to do with a family court order differentiates a court order from a normal piece of paper. A court order carries with it the full faith and credit of the State or Federal Court and its laws. Violating one whether it's a family court order or civil court, can carry very serious consequences.

While modifying a court order varies from state to state, the principle is of modifying an order is universal, sometimes thing change and a court order must be changed to reflect this change. For example, if a person was ordered to pay $500 per week in alimony but five years later, that person suffers a bad accident rendering him or her unable to work, that situation calls for a modification of the original order or the person will be saddled with debt or be held in contempt for violating the order. Either situation is not good. The family courts in our country are also skilled in determining whether someone seeks a modification willfully and not because of a true change of circumstance like the example above.

  • What is the nature of the change that warrants a modification? Some family courts will not even consider your claim if it is shown to be a temporary change. The next question is, what is temporary and what is not? If someone becomes unemployed, how is that person to know whether it is short term or long term? The longer the person waits, the more he or she becomes backed up with money he or she owes stemming from the breach. Before sprinting to the local family court, it is wise to do research about the local laws and/or hire a local attorney who can advise you if it is worth pursuing or not. If the change is permanent, trying to modify the order as soon as possible is wise and will prevent a person from falling far behind in payments. While you may not get a court date for several weeks, at least you have let the court know that you have an issue and you need to be heard. Nobody can help you if you do not tell anybody so contact your local lawyer right away or if you are savvy enough, file right away.

  • I have a family court order for weekly alimony but the opposing side does not abide by it, does not care, what can I do?Once you have an order, you have the power to enforce it by bringing the breach to the court's attention. Again, a court does not know if someone is not honoring the law unless someone tells them. By filing an enforcement motion or enforcement application with the order attached to it, a person has the right to seek the enforcement of the order, to seek lawyer's fees that they paid their lawyer to bring the enforcement action, sanctions, fines, and/or to be found to be in contempt of court and in some cases sit in jail. If the person who owes you the alimony refuses to pay, the Judge can order that the amount be garnished from his or her wages each pay period, can order that any tax refund he or she receives be intercepted and given to you, can order that if he or she receives any rents or business income that someone be put in place to collect the funds and pay you the money that is owed to you.

  • In short, with an order, the court has many tools available to it that can help a person get what is owed to them. So if and when you get a court order, keep it in a secure place and be ready to use it if someone does not follow the order as soon as you can because there is a reason why the Judge ordered it in the first place.


Sunday, July 14, 2019

Family Law : Managing Financial Records for Checking Accounts During a Divorce



When managing financial records during a divorce, make sure that expenditures are accurately recorded in a checkbook. Find out how to demonstrate the source of money spent and deposited with help from a certified family mediator in this free video on family law and divorce.

Thursday, July 11, 2019

Joint Custody and Equal Parenting Time Are Not The Same Thing



This comes up a lot in my practice. People come in to see me and they tell me I want joint custody and I don't think that they realize there are two aspects to custody. There is the legal aspect of custody and is there is the physical aspect of custody.

People often come in and they say I want equal custody or joint custody and they don't realize that there's more to custody than just that legal aspect. There's also the parenting time aspect and we're often than not when people come into me they say that they want joint custody they're referring to they want equal time or joint parenting time.

A person can have joint custody with the other parent and it doesn't mean that they get equal parenting time. A person can have sole custody of the children and still share equal parenting time with the other parent. So joint custody doesn't necessarily mean equal parenting time

Tuesday, July 2, 2019

Workers Compensation For Mental Health Injuries



If you suffer from a mental health injury, such as post-traumatic stress syndrome or depression, then you know that a mental health injury can be every bit as debilitating as a physical injury. In many states, you can receive workers compensation for mental health injuries incurred on the job.