Spousal Support or Alimony

When contemplating divorce consider the possibility that not only will marital assets be divided, but along with child support you may be required to pay spousal support. 

Even if you hate your spouse and feel that he or she is the reason the marriage is being dissolved - this doesn't mean you'll get off free and clear without paying spousal support.  Spousal support or alimony laws have a lot of what if’s - before your day in court, find out if you will owe spousal support.

The judge determines spousal support on a variety of issues, but not limited to the length of the marriage, the age of the children, the spouse’s capability to earn an income and if he or  she has been dependent on their spouse economically. 

To read a thorough review explaining the ins and out of spousal support go to http://www.findlaw.com/ and search for alimony or spousal support.

Divorce may be one of the most contentious anger laden events in your lifetime - when it is time to divide marital assets, make decisions on child support and alimony  family law judges have stringent guidelines that must be followed.  

Don't go to court under the assumption that the divorce judge will make a decision in your favor. There are a pot full of divorce variables that may in fact limit your normal lifestyle and change your future plans. It's a good idea to talk with an attorney and tax consultant before filing for divorce. What you don't know may hurt you for years to come.  

As Always,

www.caseboss.com

Little Tboca

How to Team Up With Your Attorney

www.caseboss.com

 

 

 

 

 

Although divorce attorneys have acquired a lot of negative publicity, the fact remains there are many great divorce attorneys who are prepared to represent you in good faith. 

Theirs is a profession just like any other and it’s their livelihood, of course there are charges for the service they offer. Like physicians they have a high overhead and must pay the monthly bills. Divorce isn't a free commodity!

Do your homework find a list of attorneys who have a good divorce track record, select one from that list and set up a preliminary consultation.  Normally there isn’t any charge to this first meeting – so go prepared with questions that need answered. Ask what the hourly charges are, how much if any deposit required and set up a feasible schedule limiting office visits, telephone calls etc. 

Take control of the attorney/client relationship – it’s not fun to be blindsided with unnecessary attorney fees. Your attorney will be the first one to emphasize the importance of working together as a team – even a good attorney can’t go it alone so be prepared to participate in the partnership.

Difficulties that arise due to a divorce litigants false expectations include; (1) Because you’ve been a good parent and good provider you expect a favorable decision by the judge, (2) Because you have been the main breadwinner, you feel that most of or a large portion of the marital assets should be yours, (3) You expect the attorney to win your case regardless of family law or the many errors you’ve made during the marriage, (4) You decide in your mind what is morally correct and expect a favorable decision from the judge based on your moral perception.

False expectations immediately create a tension between attorney and client.  The attorney needs all information regarding marital assets, child care, participation with child or children, financial obligations, pre nuptial contract if any, retirement funds or savings etc. Give the attorney all information concerning the marital relationship. Paint a detailed picture of the marriage including all documents showing paid receipts, time, date and resolution.

Don’t misrepresent or lie to your attorney - lies can be the reason for an unfavorable decision from the divorce judge.  Team work equates to this – you give your attorneys the tools that he or she needs to build a winning case in court.  An attorney needs proof, not a bunch of “he said, she said,” gibberish.

Go to caseboss.com and learn how to build a powerful divorce case - absolutely no charges and free for one year.  

As Always,

Little Tboca

Divorce - Dads Beware!

Hey, Dads it’s time to wake up, crawl out of the world of complacency and stop believing that you’re soon to be ex is watching out for you.  The truth is as we humans all know there comes a time in life that you opt to stop the foolishness and take care of number one – often it’s a dirty war out there when divorce lands in your lap.

Don’t assume your little “use to be best friend” will want to divide assets fairly, or go easy on alimony payments or child support.  Usually that person has second thoughts about what fairness, consideration and kindness really mean.  They turn into a bloody vulture and decide to destroy your hopes of a future – they will attempt to break your bank and leave you with a broken bank.

Not all women react the way that is described above, but a large percentage if it’s a contentious divorce is on the hunt and waiting for the kill.  Don’t be the prey!

There are precautions that a man can take before being drug through the streets of divorce.  A consultation with an attorney (usually free) is a good first step.  Go to your state’s government site and study divorce and family laws in your State. 

Learn how to calculate child support, which most Government sites will walk you through – that way you won’t be blind-sided in divorce court.  Remember you will need a home, apartment or some kind of housing when the divorce is finalized.  Check out rent etc. and possibly you’ll need a vehicle too, if there is only one in the family.

If your spouse quit her job to stay at home and raise the children, you’re probably going to pay alimony.  If you want to share custody of the children, be sure you can give the divorce judge proof that you’ve been a good parent and have a decent place for the children when they come to visit. 

Don’t assume that your divorce will be different and everyone will live happily ever after – be proactive and take charge of your life.  If you’re going to represent yourself in Court learn how to serve divorce papers, answer interrogatories and fill out divorce forms correctly. 

Brush up on family law in your State - Findlaw is a very helpful website that has some very good information on divorce, alimony, child support etc.

Remember the best interests of the children usually are the divorce judge’s number one priority.  Those going pro se should learn Court protocol and how to prepare a winning divorce case.

As Always,

Little Tboca

www.caseboss.com

Pro Se Divorce Litigants Struggle

So often pro se divorce isn’t the pathway to freedom – it isn’t a get out of jail free card.  Although pro se divorce is marketed, publicized and promoted as the latest and greatest, there isn’t any miraculous cure for pro se divorce litigants. Do it yourself divorce or pro se divorce has many hidden problems that need to be addressed. 

The Judicial system throughout the country is trying to assist the litigants by offering workshops and self help venues. There are great divorce websites on the Internet that offer free information and assistance to those contemplating divorce, but there are many Internet sites that prey on pro se litigant wanting their money. 

Don’t fall victim to the Internet sites that tout divorce as fast and easy – those sites play on emotions. Divorce that involves alimony, child custody, child support and division of property isn’t easy. Filling out divorce papers on time is a risk and it’s your life and future that is involved, what appears easy, inexpensive can cost much more than taking the time to do it right.

It’s best to control anger and emotions before jumping off the cliff into a lion’s den.  If divorce is the only option, take time studying the family laws in your State – learn what your options really are before diving into divorce.

Wearing the hat of legal counsel can be grueling and difficult. The Judicial system isn’t exactly user friendly – it takes hours of study and homework to understand how to maneuver within the divorce laws of your State.

In many ways the laws concerning self representation seem to confuse rather than assist litigants. It merely means that you are granted the right to present your divorce case in court without legal counsel – it doesn’t offer anything more than the legal right to represent yourself.

End of conversation, this law doesn’t insure a favorable decision from the judge, legal assistance from the court staff or any other options.  What you see is what you get –before going pro se remember it can be very costly by negatively affecting your future. 

Statistics show that pro se litigants are losing what is rightfully theirs in divorce court, because they fail follow the laws in their State. The pro se litigant can’t continue blaming judges or attorneys – it is their responsibility to follow family laws as established in their State.

www.caseboss.com

As Always,

Little Tboca

Lean Mean Divorce in 2014

Often times child custody in divorce is an 80/20 split and usually the father gets the children 20% of the time.  Although many states are removing the old antiquated divorce laws and replacing them with what is meant to be fairer and more equitable fathers still are the ones who usually takes the brunt of the divorce.

As a rule, men tend to be the ones to take the financial hit when divorce hits and there are several reasons for this… 

(1) Men tend to be more complacent and trusting of their soon to be ex, (2) Men hate to get in the mud and muck of divorce so they tend to leave the outcome of their divorce in the hand of their ex and the family law judge, and (3) The majority of the men going thru divorce don’t realize that divorce is ongoing until the children reach maturity.

2014 should be a wake - up call for couples going thru divorce, because there are many variables outside of family laws that make divorce in 2014 an upfront and personal subject that both parties should consider before jumping into the divorce ring.

Here are but a few of the existing problems created by a recession and weak Government.  Unemployment is front and center when considering divorce – meaning that either one party or both may be sitting at home collecting unemployment.  This makes divorce a much tougher issue when assets are divided, alimony is decided and child support. 

Healthcare is a huge issue to consider – millions have lost their primary care physicians and insurers and now are faced with much higher deductibles and co-payments.  Sometimes the insured must pay thousands of dollars for medical treatment before their insurance even kicks in – medical problems can destroy budgets by taking a huge bite out of the income.

Unless there is abuse within the family, husband and wife would be wise to sit down and treat divorce entirely as a business decision.  Although one party usually gets to stay in the family residence, the other party must find an apartment or house that they can afford.  Child support can only be figured on the existing income at this time, not on what someone use to make in the work force.

If one or both parties opt for legal counsel, this too takes a huge chunk out of their  pocketbook - remember only a fool predicts the judge’s final decision in divorce. 

On the flip side, if you’re representing yourself or going pro se – you have a vast amount of homework to do before you even contemplate divorce.  You must know your State’s family laws, courtroom procedures, how to fill out interrogatories and divorce forms.  Most importantly those representing themselves must learn what it takes to prepare a winning divorce case

.

When emotions run rampant it’s a sure bet that one or both parties will come out losers in the divorce court.  The family law judge puts children at the top of his or her list of priorities. He or she will make final decisions revolving around what is in the best interest of the children.

Divorce in 2014 will not be a walk in the park and there will be few real winners.

As Always,

Little Tboca

www.caseboss.com

Pathway to Freedom Not Always Pro Se Divorce

www.caseboss.com

So often pro se divorce isn’t the pathway to freedom – it isn’t a get out of jail free card.  Although pro se divorce is marketed, publicized and promoted, there isn’t any miraculous cure for pro se divorce litigants. Do it yourself divorce or pro se divorce has many hidden problems that need to be addressed. 

The Judicial system throughout the country is trying to assist the litigants by offering workshops and self help venues. There are great divorce websites on the Internet that offer free information and assistance to those contemplating divorce, but there are many Internet sites that prey on pro se litigant wanting their money. 

Don’t fall victim to the Internet sites that tout divorce as fast and easy – those sites play on emotions. Divorce that involves alimony, child custody, child support and division of property isn’t easy. Filling out divorce papers on line is a risk and it’s your life and future that is involved, what appears easy, inexpensive can cost much more than taking the time to do it right.

It’s best to control anger and emotions before jumping off the cliff into a lion’s den.  If divorce is the only option, take time studying the family laws in your State – learn what your options really are before diving into divorce.

Wearing the hat of legal counsel can be grueling and difficult. The Judicial system isn’t exactly user friendly – it takes hours of study and homework to understand how to maneuver within the divorce laws of your State.

In many ways the laws concerning self representation seem to confuse rather than assist litigants. It merely means that you are granted the right to present your divorce case in court without legal counsel – it doesn’t offer anything more than the legal right to represent yourself.

End of conversation, this law doesn’t insure a favorable decision from the judge, legal assistance from the court staff or any other options.  What you see is what you get –before going pro se remember it can be very costly by negatively affecting your future. 

Statistics show that pro se litigants are losing what is rightfully theirs in divorce court, because they fail follow the laws in their State. The pro se litigant can’t continue blaming judges or attorneys – it is their responsibility to follow family laws as established in their State. 

As Always,

Little Tboca

Hot Topic in Divorce - Child Custody

Child custody is one of the most difficult problems in divorce that many parents can't seem to agree upon. When the "best interest" of the children should be the guideline for making the decision, often the children are merely the pawns in the marriage and parents think of themselves rather than their children.

Children suffer enough when divorce comes knocking at the door - parents should make the decision entirely upon what is best for the children. Why is this such a contentious problem?  Parents have an obligation to make sure the children have the best of both worlds. Unless there is abuse, addiction or other extenuating circumstances the children should not be separated from either parent.

Sometimes money is a deciding factor, because child custody payments are pretty steep these days. Other times a parent makes a poor decision about child custody because they want to punish their soon to be ex. This doesn't leave the judge much to work with in divorce court, so he or she must try to discover what is in the "best interest" of the children.

This video although created by lawyers gives some good incite into child custody. One of the best places to learn about child custody in your government website. Search for child custody and usually they offer workshops or other articles that might assist you on child custody.



The secret to getting a favorable child custody decision is to prepare yourself with a wealth of knowledge, don't go into the court room on a wing and a prayer.  Have verifiable proof for the judge about your interaction with your children - just because you're a good parent doesn't mean you'll get custody of your children.

Log the time spent with your children, activities shared etc. - if you're the primary caregiver prove it to the judge using hard evidence with dates, times and specifics.  

As Always,
Little Tboca

Will You Pay Alimony?

When contemplating divorce consider the possibility that not only will marital assets be divided, but along with child support you may be required to pay spousal support. 

Even if you hate your spouse and feel that he or she is the reason the marriage is being dissolved - this doesn't mean you'll get off free and clear without paying spousal support.  Spousal support or alimony laws have a lot of what if’s - before your day in court, find out if you will owe spousal support.

The judge determines spousal support on a variety of issues, but not limited to the length of the marriage, the age of the children, the spouse’s capability to earn an income and if he or  she has been dependent on their spouse economically. 

To read a thorough review explaining the ins and out of spousal support go to http://www.findlaw.com/ and search for alimony or spousal support.

Divorce may be one of the most contentious anger laden events in your lifetime - when it is time to divide marital assets, make decisions on child support and alimony  family law judges have stringent guidelines that must be followed.  

Don't go to court under the assumption that the divorce judge will make a decision in your favor. There are a pot full of divorce variables that may in fact limit your normal lifestyle and change your future plans. It's a good idea to talk with an attorney and tax consultant before filing for divorce. What you don't know may hurt you for years to come.  

As Always,

www.caseboss.com

Little Tboca

Divorce – Don't Forget Alimony?

When contemplating divorce consider the possibility that not only will marital assets be divided, but along with child support you may be required to pay spousal support. 

Even if you hate your spouse and feel that he or she is the reason the marriage is being dissolved - this doesn't mean you'll get off free and clear without paying spousal support.  Spousal support or alimony laws have a lot of what if’s - before your day in court, find out if you will owe spousal support.

The judge determines spousal support on a variety of issues, but not limited to the length of the marriage, the age of the children, the spouse’s capability to earn an income and if he or  she has been dependent on their spouse economically. 

To read a thorough review explaining the ins and out of spousal support go to http://www.findlaw.com/ and search for alimony or spousal support.

Divorce may be one of the most contentious anger laden events in your lifetime - when it is time to divide marital assets, make decisions on child support and alimony  family law judges have stringent guidelines that must be followed.  

Don't go to court under the assumption that the divorce judge will make a decision in your favor. There are a pot full of divorce variables that may in fact limit your normal lifestyle and change your future plans. It's a good idea to talk with an attorney and tax consultant before filing for divorce. What you don't know may hurt you for years to come.  

As Always, 

Little Tboca

Temporary Orders – Don’t Celebrate Divorce yet

If at the time of the temporary divorce hearing you are granted temporary custody of the children, child support, alimony and granted the right to live in the marital home until the divorce is final, remember the word “temporary.” 

 Don’t traipse out of divorce court thinking you’re about to slam dunk your spouse, because the family law judge granted you temporary custody of the children.

How you behave and handle the temporary orders will affect the judge’s final decision. Buyer beware - these orders by the divorce judge aren’t indicative of his or her final decision in court. Usually a divorce attorney will discuss temporary custody - the orders are for a limited amount of time only. 

If you become over zealous and get in a pay back mode, your king or queen for a day mode will come crashing down.  Don’t take unfair advantage of your spouse by running up excessive credit card charges, or neglecting your responsibilities in maintaining the marital residence.  Family law judges will take your behavior into consideration when granting a divorce. 

Denying your spouse visitation rights won’t just get your fingers burnt – it may be the reason the judge changes the custody orders.  You should encourage visitation rights with your spouse and definitely shouldn’t use the children as pawns to punish the other parent.

This is a time when you better take a deep breath and follow the temporary orders granted to you – ditch the anger and emotion. The judge didn’t give you a free pass to be abusive of your spouse.  

Don’t get on the social media and brag about the judge’s orders. Don’t assume that you’re home free – your day in court hasn’t arrived yet and what you do or say will be held against you.

Temporary means during the interim, nothing is etched in concrete. A family law judge will decide what is in the “best interest” of the children and if you’ve acted like a knuckle head during this time, there’s a strong probability that you will walk out of court very displeased with the judge’s final orders.

As Always,

Little Tboca