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Should My Son Be Looking For A New Lawyer?
My Son And His Wife Divorced In Florida 4 Years Ago. She Moved Back To Rochester Ny. This Spring My Son Took A Demotion And Paycut To Be Transfered Back To Rochester To Be Closer To His Kids. His Lawyer Says He Doesn't Think He Can Get Him A Reduction In Child Support Because It Was His Choice To Take The Paycut. That Seems To Have No Logic To It.
Additionally His Lawyer Has Told His Girlfriend She Should Think Twice About Marrying Him Because His Ex Could Then Go After Her Assets.
None Of This Makes Sense To Me.
Yes your son needs a new lawyer. (Codes are diff for each state in custody and child support matters so research that states codes and talk to a department of human services professional they know a lot)
Unless your son was present with his girlfriend your lawyer can not disclose information involving an open case.
if your son gets married but has JOINT physical custody of the child his new wifes income will matter just as hers would if she were to get married.
If he has visitation rights his new wifes income wont matter.
If affordibility to live has gone up but your son's pay has gone down it's called a drastic economical change in support... I'll break it down. If your son lived elsewhere and his living expenses where 60% of his gross income and he paid 20% to child support but then he moved with the job and his living expenses went to 90% of his gross income (same income in both places) he wouldn't be able to keep paying the 20% child support so you file a change in Living expenses aka. Economical change in support.
With any child support you should be able to calculate your living expenses and you child support and if it's more than you make in gross income than it's too high.
If you have a gross pay change for any reason child support can be changed. Stipulations are different in diff states. In Iowa (where I'm from) Support can only be disputed every 2 years no matter what and they base support from the prior years taxes.
Even if a child support payment is set by a child support recovery unit you can change the amount by going to court. You just have to have a good argument and a lot of the time people don't want to go to court so her lawyer will prob. settle for an amount. Be smart about it though... he has to take care of himself and his son so he needs enuf money for himself to do so and since he doesn't live with him full time it costs her more to take care of their son so be very fair.
PS my Fiance after all the ins coverage (medical, dental, vision, ortho, life, disb. etc) taxes and support brings home 240 a week. she used to get 480 a month and it was killing him... during the custody hearing we opted to change it to 380 and that was fine.... but when his son started school she was going to send him to a school that was not at all good for education but it was near where she lived... we opted to pay for him to go to a better school and so this coming year is our 2 yr dispute and since we are paying for everything with school we are going to get the support lowered again.
If I Am Convicted Of Drunk Driving. And Required To Take A Driving A Class, Do I Have To Take It In That State, Or Can I Take It Whereever I Am Living? And If They Revoke My Licsense, Do I Have To Give It Up Right Then, Or Do I Keep It And Just Dont Drive. I Am Flying On Aug.20Th And Will Need It At The Airport.
DUI laws vary greatly from state to state, as do the length of time of the driving suspension. In some states, you will be required to surrender your license on the spot. In others, the suspension is an administrative suspension, and is issued by your department of motor vehicles.
I hope you did not go and deal with this charge without an attorney. If you did, then you may be depriving yourself of a chance that the DUI didn't need to be admitted, and there are a multitude of things that the police have to do in order to convict you of DUI.
If you don't have an attorney, go and get one, immediately. Describe the situation, and explain what you are wanting to do, (including move) Listen to their advice. You might want to shop around, to make sure the attorney has experience in DUI defense. It will cost some money, but compared to the results a DUI can have on your record, its money well spent. If you don't have an attorney and need one, contact your local or state bar association for a referral for an attorney who practices DUI defense.
Why Are There So Many Commercials On Local Tv By/For Disability Lawyers..?
It Used To Be Only Occasionally, But Now It'S Like You See One, Right After Another Offering Tv Viewers 'Top Benefits For Your Disability Claim..' Are They Just Giving It To Anyone Now..?
It's just the latest way for them to drum up business. What the people don't realize is how much it will COST them to use one of them to get disability. There are a lot of people out there trying to get on disability who aren't really disabled. Just because your back hurts and you can no longer lift 100lbs doesn't make you disabled. Let's face it, if you're over 35, everyone has things they can't do anymore.
The problem is, there are so many lazy folks out there trying to get on it that don't need it, that it's harder for people with legitimate disabilities to get it.
If I Cause An Accident While Driving Under The Influence Of Alcohol, Will Me Insurance Pay? Should They Pay?
In the US, the standard auto policy does NOT include an exclusion for accidents that occur while the driver is operating under the influence of anything. But the endorsement DOES exist. I have only ever seen it used on commercial auto policies, and only once, actually, in 21 years.
You can, however, be an excluded driver on the policy, in which case, the insurance doesn't apply - regardless of influence.
Should they pay? Absolutely. The POINT of that coverage, is to pay for the damages of the innocent party. The operator will be "punished" by the rating system. Contracts must be adhered to, and the occasional DUI driver is factored into the rates.
Are YOU covered? Who knows? I don't know what country you are in, or what policy form you have, or if you're an excluded operator. Ask your agent, or read your policy.
I Need To Locate John D Harrison Attorney At Law Use To Work Beside Judge Mcmillian In Montgomery Alabama?
Try http://www.martindale.com It's an attorney directory. Otherwise, just call the judge's clerk and ask if they know where he went after he left the judge's employment.
Joint Custody Agreements?
Me And My Ex Boyfriend Are Going Through A Custody Battle. We Orginally Had Just A Verbal Agreement Which Was One Week With Me And One With Him Since He Lives 3 Hours Away. But Our Daughter Never Wants To Go Back. She Is 2 And She Cries Everytime She Has To Go To Him Or His Grandparents. Well We Continued The Agreement And In January I Filed For Child Support And Then Feburary He Filed For Joint Managing Conservators. We Have A Mediation Set Up To See If We Can Come To A Agreement Without Going To Court That Is Equal. Does Anyone Have Any Suggestions On A Agreement That Might Work? If He Lived Closer It Would Be So Much Easier But He Refuses To Quit His Fast Food Job.
Ignore the anti child comment above, Joint physical custody is best for the child.
"My parents divorced when I was 2 years old. Because I was so young, I cannot remember anything of how the divorce actually felt at the time. But 12 years later, I am quite content with my life and my parents. Unlike many divorced couples with children, neither parent has primary custody of me, but rather, I switch between my parents' houses every other day, spending roughly equal time with my mother and my father."
Equal Time - A Teen’s Views On Joint Custody
Newsweek - Dec 15, 2008
James Cook, the father of Joint Custody was my friend for 20 years. We lost him a year ago. Joint Physical Custody addresses the common problems found in children not raised equally by both parents.
Personally, I would encourage one of you to move closer to the other, and I wonder why you're considering moving closer to him? Are you anti equal rights? Before Jim passed away, he was working on the next evolution of Joint Custody, Bird Nest Custody.
The main thing here is you want to avoid your child becoming another fatherless child that grows up to contribute to 90% of crime committed in our society.
Fatherless America : Confronting Our Most Urgent Social Problem
Fortune Magazine - Fatherless Families & Crime
“Ominously, the most reliable predictor of crime is neither poverty nor race but growing up fatherless.”
Stanford University - Divorce, Nontraditional Families, and Its Consequences For Children
"We know that children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their Parent."
THE FATHERLESS GENERATION