Navigating Divorce: Common Issues in Property Division

One of the most important aspects of divorce is deciding how to split up assets and debt. Ideally, couples can agree on this themselves rather than having a judge decide for them. However, this isn’t always possible. In the absence of agreement, it is often necessary to file a claim for equitable division.

The legal system divides property in a few different ways, depending on the state where you live. Some states, such as New York, use an “equitable division” standard, which means that a court will attempt to make the property distribution as fair as possible. This does not necessarily mean that assets will be split evenly, but it may include considerations like how long the marriage was, the age and health of each spouse, loss of pension rights and other financial considerations.

It is also common for a divorcing couple to have some disagreement over how to divide their personal property, including pets. This can be complicated because most of the time, the emotional value of a pet far outweighs its economic worth. In addition, an exploitative spouse could use a pet as a bargaining tool to get more of the marital estate.

In addition, the law regarding what constitutes marital property varies from state to state. Generally speaking, a court will consider all property that either spouse earned or acquired during the marriage as marital property, except for gifts and inheritances that are considered separate property. If you are not sure what is or isn’t marital property, it is helpful to speak with a divorce attorney and a certified divorce financial planner (CDFA).

Another important point to note is that there are people who try to game the system by hiding assets from their spouse and the courts. This can be done in a variety of ways, including keeping income from a job secret and only accepting cash, giving money or property to family members or even hiding property and accounts in another state. This can cause significant problems if it is discovered and could result in a spouse losing out on property that they would otherwise be entitled to receive.

Children of divorced parents are often particularly hard hit. They must not only deal with the trauma of a dissolution of their parent’s marriage, but they may feel that it was their fault or that they have somehow contributed to the divorce. It is important to talk with them regularly and help them process their feelings. Additionally, they need reassurance that their behavior is not what caused the divorce and that there is nothing they could have done to change things.

In the midst of a divorce, it is easy to become overwhelmed and take hasty decisions. It is important to build a team of professionals that can support you through the process, including a family law attorney, a CDFA and a CPA. It is also a good idea to have only bank accounts and credit cards in your own name until after the divorce is finalized.

Why It Is Important to Work With a Child Support Lawyer

When parents divorce, they often agree to certain terms for financial support of their children. These arrangements may include a specific dollar amount to be paid by the parent who does not have primary custody, and other provisions for expenses such as child care, health insurance and travel costs related to parenting time. Whether you are the custodial or non-custodial parent, it is important to work with a Phoenix Child Support lawyer who understands your rights and can help you negotiate an acceptable agreement or represent you in court.

The state of Arizona uses a set of guidelines to determine the amount of child support to be paid. These guidelines are based on the combined monthly incomes of both parties and the number of children shared. The amount also takes into account the number of overnight stays each parent has with the child(ren). A Phoenix Child Support Lawyer can help you navigate this complex process and make sure you are receiving or paying the correct amount.

Parents can sometimes reach their own informal pacts about child support, but these agreements are not binding and can be violated. Only the courts can change a child support order, and even then there needs to be a substantial change in circumstances for a modification to be considered. For example, a parent who has experienced a significant increase in income may need to have their original agreement modified to reflect that change.

If you have a child support issue that requires legal action, contact an attorney immediately. Singer Pistiner can assist with securing or modifying child support orders, and we can also help enforce court-ordered payments. Parents who fail to pay their required obligations are subject to contempt of court proceedings, which could lead to fines and incarceration.

A child support lawyer can provide you with assistance regarding a paternity case, an uncontested divorce or a contested divorce. In the event of a contested divorce, the judge must consider several factors in addition to the Arizona Family Law Guidelines, including past-due child support, the potential for future child support arrears and a parent’s current income.

While the term “child support” is used in many cases when parents are separating or divorcing, there are some situations in which parents are never married and do not have a legal separation or divorce. In these cases, the court must decide a child support issue and can order the same payments as in a divorce.

If you have questions about child support, a family lawyer at Dodge & Vega PLC at Law in Phoenix can help. Call our office to schedule a consultation. We offer a free initial consultation. This is a great opportunity for you to ask questions about your case, and the information you provide will be kept confidential. We look forward to hearing from you.

Establishing Paternity: Get Parenting Rights and Child Support

While establishing mother’s rights is generally easy, establishing paternity is not. While a father has the right to care for his children, he may wish for more involvement in their lives. Either way, establishing paternity will give the biological father legal rights, including financial support. A successful application to a court will result in an Order of Filiation, which assigns paternity to a specific man. A paternity adjudication will protect the child and prevent the biological father from accruing arrears. Those arrears add up month after month, and the child support payments will increase dramatically.

If you’re interested in establishing paternity for your child, you need the help of an attorney who specializes in family law. A legal representative who has experience with unmarried couples, single mothers, and fathers who wish to establish paternity can give you sound legal advice and representation. Establishing paternity does not mean the biological father automatically gets parenting rights and child support. A skilled attorney can help you establish paternity through separate proceedings.

Establishing paternity is important for many reasons. For one, it enables the father to refuse to give up his child for adoption. Establishing paternity can mean important financial support for raising the child, the requirement of joint custody, or shared visitation. In addition, it can establish the child’s inheritance rights, legal custody rights, and even the right to sue the father if he fails to provide adequate support.

In addition to financial support, the presumed father may wish to establish paternity for financial reasons. Miami is a high-cost state, and establishing paternity may make it possible to split responsibilities, such as school and sports, among the mothers and the presumed father. This may even help the mother achieve financial stability. This is particularly helpful for single mothers who are struggling financially, or who want to ensure that their children have a better chance of getting what they deserve.

If a child has been named by its mother’s mother, or if the mother has married another man while the child was in utero, the court may refuse to conduct a DNA test. This decision is made based on a legal rule called equitable estoppel, which states that the court does not want to disrupt an existing parent-child relationship that might not be biologically true. Once the test results are in, a legal father’s name can be added to the child’s birth certificate.

In most states, a married man is presumed the father of his child. However, some states invalidate this presumption if the couple is separated at conception or after the child is born. In most cases, paternity is not established until both parents sign an acknowledgment form. If both parents agree on the father’s identity, a court may issue an Order of Filiation, granting him rights to custody, child support, and child visitation.

If you and your child are unmarried at the time of childbirth, a voluntary acknowledgement form can be signed by the father. This form must be signed and notarized. The judge will then decide if the father is the biological parent. Once paternity is confirmed, the father will be listed on the child’s birth certificate, and he may also be awarded visitation rights and child support. You can file an action in Family Court if you disagree with the ruling.

After establishing paternity, the father has legal rights to custody and visitation. He may be ordered to pay child support to the mother. Regardless of his rights, the biological father will most likely be the legal father. If the child’s mother was married to someone else at the time of child birth, paternity can be established. So if you’re unsure of your child’s father, establishing paternity is essential.

If you’re not sure if you’re the biological parent of your child, you can consult with a family law attorney. Paternity is an essential issue in child support cases, but it can also arise in other areas of family law. In New York, you must prove paternity by showing compelling evidence. DNA testing is a popular way to establish paternity. However, there are many things you should know about paternity before seeking legal help.

If you’ve been wondering how to file for paternity, the best thing to do is to fill out a complaint. There are forms you can fill out, and the judge will hear all parties. Once the child reaches the age of twenty, you can file a lawsuit. If you’re successful, the judge will order child support and custody orders, and make it clear who is the true father. And once you’ve been found to be the biological father, you’re the legal parent!