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Legal and practical advice Lucille P. Uttermohlen P. O. Box 278 Monticello, IN 47960 (574) 583-6661 |
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The process of divorce isn't that hard. It consists of initiation, the "provisional" or "intirim" period, and the final hearing and divorce decree. Here, the procedure is explained. For more information get your free sample chapter of -- One of the biggest areas of dispute in divorce is how to divide assets (property) and liabilities (debts). Here, we consider the different kinds of property, and the things you should think about when negotiating settlement. Practicing law isn't all fun and games. In fact, it can be a first class pain in the neck. If it wasn't for the humor in it, I'd quit and become a belly dancer. I'll tell you why, and keep you supplied with stories and information about family law. I'll also do you all a big favor and stick to practicing law. |
When Can Child Support Be Modified?Contempt of court is serious. A judge can fine you, make you pay attorney's fees for the other side, or even send you to jail for not obeying an order. Even if you believe you have good reason for not paying the amount of child support you were ordered to pay, you are legally obliged to make the ordered payment until the judge says otherwise.If you had a good job when you got divorced, the child support you are ordered to pay may seem to be an invitation to starve yourself, or take up residence in your car. Even so, don't just stop paying. Child support isn't a luxury you can do without. A person who totaly ignores her child support obligation can find herself in the Gray Bar Hotel, or with a big child support arrearage and the cost of the x's attorney to boot. Talk to your ex. If you can't stand the sound of each other's voices, write to him by certified mail explaining your predicament. Send him a copy of your pay stub or unemployment compensation check. Your reaction may be that it isn't any of his business what you earn, but if he has responsibility to feed and shelter your kids, he has a right to know that he won't have as much available to do it, and that you have a good reason for paying less. Make sure you pay something. Even if your weekly contribution to your children's care is minamal, consistent support payments tell the court that you do care about your kids, and that you're not just ignoring the obligation to provide for them. We all hit rough patches in our personal finances, and a judge is much more likely to be sympathetic if you have made a good faith effort to do your part, despite hard times. However, make sure that you are in dire straights before making any adjustment to your support. If you use your child support payment to buy your new squeeze a birthday present, the court won't be too sympathetic.The credit card debt you incurred to buy a new big screen TV when things were better will not be more important to the judge than making sure your kids' needs are met. Child support comes first, and except for your minamum needs, there is no legal excuse to cut back on what your kids can count on for their support. Finally, until you have an order signed by the judge, your support obligation does not change. If you and your ex reach an agreement, make sure it is in writing and that you both sign it. Leave a line for the judge's signature. Make several copies of it, and send or take it to your divorce judge for her approval. if you and your ex do not agree, write to your judge to ask that your support obligation be lowered. He should set your request for a hearing, at which you can prove your current financial situation with pay stubs, income tax returns, w-2 statements and the like. The sooner you request the court's help the better off you will be. Your lower support obligation may be retroactive to the date you filed your petition for modification. However, until there is something on the court's record, your support will continue to accumulate at the old rate. Sample Motion To Modify To Lower Support Sample Motion To Modify To Increase Support |
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Your Pocket Divorce GuideIf you and your spouse don't have children, property or debts, or you are in agreement about the issues you do have, you may choose to get divorced without a lawyer's assistance.Even if you do end up hiring counsel, you should understand the procedure of divorce so that you can participate fully in the management of your case. Your Pocket Divorce Guide will show you what you need to know to understand the divorce process. Go here to learn more and to claim your Free Sample Chapter
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