Family Law Blog

When to Use Witnesses During a Family Law Case

Friday, December 28, 2018

A family law case, be it divorce, child support, or anything else, is different than other areas of the law. It doesn't dole out punitive punishments for a crime, nor does it really award financial gain for the circumstance. However, like other areas of the law, a family law case can benefit from the testimony of a solid witness towards your character.

What can a witness do for your family law case? Much of family law depends on how you present yourself before a judge so they can make their judgment. How good of a parent were you? How good of a spouse? Witness testimony as to your character can help shape the opinion of the courts.

However, you need to choose your witnesses carefully. In most cases, family members are not allowed because they likely have certain biases. However, you want witnesses with firsthand accounts. For example, if your spouse beats you, your best friend may have seen the beating while a trusted colleague may have only seen the result of the beating. It is best to choose the friend that saw the beating because their account is a firsthand account and not just what you told them. Similarly, you would want to choose a nanny who saw both parents interacting with children rather than a friend that only saw how you were with them. These witnesses are the most powerful.

No matter what witness you choose, they are bound by law to be honest with the court and to act neutrally in their answers. If you want things to go your way, you are best finding a skilled lawyer to do so. If you are going through a family law case and need help, contact us today. The Law Office of Jamra & Jamra is dedicated to helping families get the best possible outcome for their cases.

Does My Spouse Have to Pay For a Child's College?

Friday, December 21, 2018

When it comes to child support, a non-primary custody parent only has the obligation to pay child support until the child reaches the age of majority, otherwise known as 18 years old. There is an exception that states they will continue to pay until the child graduates high school if that comes later as well. However, most parents care for their child, and at this age, they want them to go to college. Both parents may even want to help pay for it, even if divorced. However, if your spouse doesn't, do they still need to contribute to a college education?

In most cases, if two parents agree to pay for college during a divorce, specific language will be added to the final papers to make it legally binding. As it can be many years before a child reaches college age, this can be an important step. However, there will be certain exceptions made if the paying spouse suddenly has a change in financial circumstances.

If you and your spouse can both agree that you both want to contribute to a child's college education, it should be written down in the divorce agreement. Furthermore, the language should also be flexible to make sure one parent can still contribute even if they make less later. It is important to talk over how to do this with your divorce lawyer so that it is in the child's best interests. College can be particularly expensive, so help from your ex-spouse should be welcomed. However, it is best to also make sure it is legally binding.

If you are going through a divorce and want to make sure a spouse will actually pay when it comes time to send your children to college, contact us today. We can help craft divorce papers to make sure it is included.

Is Spousal Support Necessary If You Both Have Careers

Thursday, December 13, 2018

The funny thing about most areas of the law is that many people don't know the specifics of them until they need to. Divorce law is no exception. When you get married, you might not want to think about it, and it can end up costing you later if the relationship falls apart. One of the many specifics that people don't know much about is the issue of spousal support.

Some may think that no matter their situation, they are owed spousal support from the other party for one of many reasons. Maybe their spouse cheated on them, and they feel they are owed something for it. Unfortunately, that just isn't how spousal support works.

In the simplest terms, spousal support is meant to be support for a spouse. For example, if a woman dropped out of college to become a stay-at-home mother, if she were to get divorced 10 years down the line, she may not have the work skills of a woman her age to sufficiently support herself after the divorce. Spousal support is meant to help spouses of fewer means get self-sufficient again.

For those that signed prenuptial agreements, spousal support payments can last a lifetime, but typically they are temporary. It could be a few years, but spousal support is designed to support a spouse until they can find employment. This means that if you are a divorcing couple and both have well-paying jobs, there may not actually be a need for spousal support.

In fact, a couple that both have careers may simply need to split the marital assets and be done with it. Child support and custody will need to be addressed if they had children, but otherwise, spousal support is likely to be a non-issue.

If you are divorcing and wish to learn more about your options, contact us today.

Claiming Social Security Benefits From An Ex-Spouse

Friday, December 07, 2018

social security cards

When people finalize a divorce, they think that contact from their spouse is over. They may pay spousal support or alimony for a time, but afterward, you will have no ties to them anymore. However, that's not exactly true. In fact, when you reach retirement age, you may be able to collect up to 50 percent of their Social Security benefits even if you have been divorced from them for decades.

In order to collect Social Security from your ex-spouse when you reach retirement age, there are certain criteria that must be met. First, you need to be at least 62 years of age to receive full retirement benefits. Furthermore, you cannot collect their benefits if you are currently married at that age. If you remarried previously, but your subsequent spouse passed away or divorced, you can actually choose which benefits to collect from either spouse. Typically, you will want to choose the higher amount for obvious reasons.

However, the key thing to remember in order to qualify for these benefits is that you must have been married to your spouse for at least 10 years prior to the divorce. The good news is that if you meet all the above criteria and also had your own employment, you can collect your own Social Security benefits as well as an ex-spouse's. Furthermore, if you reach retirement age first, you retain the right to collect those benefits even if they are not collecting them. This prevents ex-spouses from shutting their old spouses out from what is their marital right when it comes to retirement benefits.

If you are divorcing and need help, or have long since been divorced, and want to learn more about collecting these Social Security benefits, contact us today. The Law Office of Jamra & Jamra can make sure you get what is yours.