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Family Law Blog

Property Division in a Nesting Situation

Tuesday, May 26, 2020

Nesting is a term describing a situation in which the child stays in the family home while the parents move in and out on a specific schedule. It is one of those situations that sounds great on paper, but doesn't work so great in practice. While the child has superior stability, there are a few issues with nesting.

Multiple Residences

Primarily, most divorced parents can't necessarily sustain two residences as would be required. Furthermore, nesting requires excellent communication to do well. However, the biggest issue can be how the property is divided in a divorce if you are still sharing much of it.

Ownership

If you wish to make a nesting situation feasible at least for some period of time, it is crucial that when you are dividing the property, you both retain ownership of the house. Both names will want to be on the mortgage so one person does not have legal ownership of it. Furthermore, you will want to negotiate who handles what bills when it comes to upkeep.

Upkeep

Working out the financial and physical care of a shared residence is the most important matter of property division in a nesting-based divorce. Outside of that, the property division remains much the same as a regular divorce. You will want to split up the items inside that house and if possible remove them so that your spouse doesn't have access to them. If items do need to remain in the shared home, it is important to have "your own" space there in which they should stay. This helps to mitigate instances that can cause fights.

Learn More About Nesting

Are you going through a divorce? It is a tough time, but having a skilled divorce attorney by your side can make it a little easier to navigate. If you are divorcing, contact us today to see how Jamra & Jamra can help.

Reasons to Fight For Custody of Your Children

Monday, May 18, 2020

The truth is that most men lose custody of their children to the mothers. Some are lucky to see their children once in a while, though many hardly spend any time with their children at all, which is a shame. Children need their fathers. Thus, it is important for you to fight for custody of your children (even if it is only partial). Here are some reasons why.

Children With Both Parents Do Better in School

Children who have both parents in their life are more likely to do well in school.However, children without a father figure are less likely to finish school. If they do, they may not do as well as they could have done. Many drop out altogether, struggling to make ends meet for the rest of their lives.

Children Without Fathers Find a More Dangerous Substitute 

Children without fathers are more likely to turn to drugs and alcohol (and a life of crime to support their habit). Drugs and alcohol are everywhere, and children without a good support system seem to find themselves in trouble. After they get hooked, they have to turn to crime in order to pay for their habit. Then, they may start out by stealing until the habit becomes too much, and they get desperate for their next fix.

Children Without a Strong Father Figure Don't Know How to Treat Women

Children without a strong father figure don't know how they should be treating women. You need to show your children how to treat a woman by treating their mother nicely, even if you aren't together anymore. You can also show them how to treat a woman that you love when you eventually move on.

Find More Reasons to Fight For Custody of Your Children 

The best thing that you can do for your children is to stay involved in their life. You can make sure that your children stay in school, do well, and have a good future. You can also show them how to treat women. Always respect their mother and anyone that you may be dating (or eventually marry).

Contact us for all of your legal needs.

Tips to Stay in Your Children's Lives, Even If You Don't Have Custody

Monday, May 11, 2020

Going through a divorce can be one of the hardest things that you will ever have to do. Deciding how to divide your life into two and move on can be downright challenging. However, the worst part may be trying to figure out what to do with your children.

Though joint custody can be the best for children, that isn't always the case. If you have a job that keeps you away from home for most of the day, it may not be possible for you to have them as much as you would like. However, that doesn't mean that you can't be a part of their lives.

Here are some tips to stay in your children's lives, even if they live with their mother.

Get Along With Your Ex

Learn to get along with your ex for the sake of your children. If you want to stay in your children's lives, it is important that you find some way to get along. You are going to need to learn to communicate schedules, important events, and even problems that are going to pop up. The sooner that you can do this, the better off your relationship with your children will be.

Attend Big Events

Do your best to share the big events too! If you want to be a big part of your children's lives, you are going to have to show up for as many events as you possibly can. There are going to be school events to attend. You also want to find a way to share the holidays with your ex-wife. The better you can make these events for your children, the happier they will be.

Spend Time With Your Kids

Offer to watch the children when your ex goes out.If you don't get to spend too much time with your children, you should offer to watch them when your ex-wife needs to do something. Not only will she enjoy having someone that she can count on, but it also gives you more time to spend with your children.

Find More Tips to Stay in Your Children's Lives

It is really important to learn to get along with your ex if you want to stay in your children's lives. You are going to be involved in them together for the rest of your life. So, the sooner you can learn to communicate and spend time together as a family, the better off your children will be. This is true for normal daily events and even the big ones too!

Contact us for all of your legal needs.

Some Child Support Myths Busted

Tuesday, March 31, 2020

Child support is frequently misunderstood and, too often, feared. This is understandable since it deals with people's most precious assets - their kids and their money. In reality, the intention of child support is to ensure a child's well-being, in both households.

How well do you understand how child support works? 

MYTH

Given 50/50 custody schedule, there will be no child support payment by either parent.

BUSTED: Child support payments are not based only on the amount of time each parents spends with the child. Additional factors include gross income and certain expenses such as other child support payments or medical bills.

MYTH

The father always pays the child support.

BUSTED: Child support payments may be made by the father or mother and are determined by the amount of time each parent spends with the child, gross income and other eligible expenses.

MYTH

Once a child support amount is set, it never changes.

BUSTED: Child support may be modified when parental circumstances change. Examples include an increase or decrease in income, the birth of additional children, or unemployment.

MYTH

Only the child's parents are eligible to receive child support.

BUSTED: Parents, legal guardians, or any party receiving public assistance for a child may apply for child support.

MYTH

It's no big deal if a child support payment is missed.

BUSTED: Enforcement methods for nonpayment can be severe - driver's license/passport may be suspended or revoked, tax refund can be intercepted and a bank account levied.

MYTH

Dad is not listed on the birth certificate, so he cannot receive or pay child support.

BUSTED: Parentage can be assessed using genetic testing, which ultimately determines rights and responsibilities. It does not matter if the father is not on the birth certificate.

Conclusion

Still have questions or myths to be busted? The experienced lawyers at Jamra and Jamra are here to make sure you know the facts. You can learn more on our website about child support and child support modifications. Contact us anytime. 

Is Health Insurance Covered By Child Support?

Monday, March 02, 2020

If you have won custody of your child, it is required that they are covered by health insurance. Indeed, failure to do so can result in serious criminal, civil, and even custodial penalties by the court. Unfortunately, that doesn't change the fact that health insurance can be wildly expensive, especially for single parents. As the custody holder of the child, you are required to procure health insurance for them either through your employment, the government, or independently.

Finances

Parents can only stop a health insurance plan if the costs become cost-prohibitive. This means that the costs will exceed 5% of their income. However, from there, they must find a new health insurance plan within their range as soon as possible.

For parents that are struggling with healthcare and insurance costs, it may be best to return to court in order to ask for more money from the other parent. If it can be shown that the cost of maintaining health insurance for your child is creating a financial burden, then the child support required from the other parent may be raised. After all, it is child "support". Thus, it is meant to help support the raising of that child by a parent who is not financially beholden to the other parent through marriage or another relationship.

Learn More About Health Insurance and Child Support

Unfortunately, proving that health insurance upkeep is creating a strain can be difficult. This is when you will want a good family law attorney at your side to help the courts make the decision by gathering the right evidence. If you are struggling with child care costs or starting a messy uncoupling process, contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible results.

Child Support Responsibilities and Incarceration

Monday, February 24, 2020

If your ex-spouse or parent of your child has committed a crime and is looking at jail time, it can leave you wondering about how they will uphold their financial commitments to you. If they are paying child support or spousal support, incarceration does not automatically forgive these commitments.

Incarceration

When an ex-spouse or a parent to your child is incarcerated, you should expect them to file for a modification of child support or alimony. Since an incarcerated person's income often drops dramatically, they can file for a modification with the court. The courts may end payments for the time they are incarcerated because they now have no income.

Finances

It is important to remember that while incarcerated, one party may not be making as much money. However, they could also still be making some. If the incarcerated parent of your child is still making money through rentals, investments, or even has a substantial savings account, they may still be required to pay support while in prison. The courts will examine their income and may decide they can afford a much lower payment rather than no payment at all.

Good News

The small bit of good news for the non-incarcerated parent is that prison doesn't mean payment stops forever. If the incarcerated parent is released and gets a new job, you can file for a modification of child support with the court that asks them to start paying support again. So, the payments may not be gone forever, but may resume after incarceration ends if they are still needed.

Conclusion

Are you getting divorced? Do you feel concerned that you may not be getting the child support that you need? Do you have any other pressing family law issues? We can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you.

Are You the Right Person for Custody of Your Grandchildren?

Sunday, February 09, 2020

When your adult children are having a rough time, it is very hard not to step in. However, there are times when you need to, especially when it comes to your grandchildren. If you are seriously concerned about their wellbeing, you may want to talk to a lawyer about getting custody of your grandchildren.

That being said, you may not be the right person to get custody of them. Here are some things to think about before you take over your grandchildren's care.

Do You Have Help and Support?

You can't raise another child (or two) on your own. Is your spouse supportive? Do you have friends who can pitch in when you need to run errands and get things done?

Are You Relatively Healthy

Raising children is hard, no matter what your age. However, if you have some health problems that may continue to worsen, you might not be able to care of your grandchildren for the next ten to twenty years.

Do You Have the Drive to Raise Your Grandchildren?

Instead of enjoying your empty nest, you are going to have young children in your home. Are you ready for that? Do you even want to take care of them?

You are not obligated to care for your grandchildren so if you have any concerns, you may want to help find someone else. It is better to let someone who is able to care for them raise them than struggle with them yourself. They will know that they are a burden to you.

Conclusion

Though it may break your heart, you may not be the best person to raise your grandchildren. You need to make sure that you have help and support. You also need to be relatively healthy. If you have health concerns, it will be even harder to raise a child. You also need to want to raise them. If you don't, you need to find someone who really wants them.

Contact us for all of your legal needs.

Children's Issues During a Divorce: Smooth Visitation "Hand-Offs"

Friday, November 08, 2019

In the process of divorcing, children from the marriage often find their time split between two households. Often, one parent stays in the home while the other finds a new residence. Thus, for visitation to take place, a "hand-off" must occur. To ensure a smooth transition, divorcing parents need to set a routine that is beneficial to all.

Neutral Location 

The most natural location for the pick-up and return of a child is his regular home. Unfortunately, heightened emotions can necessitate a more neutral venue. In this case, it is often helpful to select a child-friendly place for the "hand-off". For example, consider a park with a playground is an option. If you believe your safety is at risk with your former partner, you can choose to make a police station the location for handing off your children.

Brief Transition

Keep the transition brief and amicable. Indeed, behave in an adult manner and avoid confrontation. Above all, don't take a new love interest with you when you pick up or return a child. Chances are, emotions are high and a newcomer's presence is not welcomed by the other parent, or more importantly, by the child.

Communication

Always communicate with your child about the details of a "hand-off". Knowledge empowers children and is reassuring. Let the child know when he is going and for how long. Also, let him take a couple of favorite things with him for the hand-off. Make it as simple for your child as possible. Be positive when he leaves for the visit and when he returns. Never "drill" your child about his visit with the other parent as this might make him reluctant to be "handed off" in the future.

Communicate with your former partner regularly regarding visits. Ask for cooperation and patience during the transition to and from visits. Your children deserve positive collaboration, especially during a divorce.

Conclusion

Contact us for more advice regarding children's issues during divorce. We are here to help.

Are You Paying Too Much in Child Support?

Monday, September 23, 2019

The court uses a specific equation in order to calculate what is deemed to be the best child support payment. Unfortunately, this equation isn't perfect. It can turn out that you end up paying too much in child support, so much so that it seems more like your spouse is benefiting from having custody of your children. So what can you do when this happens?

Many Factors

In truth, the child support calculation should take into account your own income, the amount of time you spend with the child, and their unique needs. If you are spending quite a bit of parenting time, the support payments will be lower. However, typically you will see this child support go towards the benefit of your child without causing you financial strain.

Know You're Paying Too Much

If you are either being put under financial pressure to make these payments or notice your ex-spouse spending a lot of extra money without valid cause, then you are likely paying too much. If either of these events are true, you should contact your lawyer. You will then be tasked with gathering evidence of financial strain or that your ex-spouse is misusing these funds in order to obtain a lower payment.

Find out If You Are Paying Too Much in Child Support

The world tends to look down unfavorably on those that don't pay child support. However, in truth, the imperfect equation can make those payments far too high for some to bear. You will need to prove that it causes a burden, and the court will lower them if you have at least made an attempt to pay them when you can.

If you are having divorce or child support problems, contact us today. The Law Office of Jamra & Jamra can help you navigate this difficult area of the law in order to get the best possible results. Don't suffer under this burden when there is still action to take.

What to Do When Paternity is Filed Against You

Friday, August 09, 2019

man signing papers

For some men, there may come a day when they are served with a court summons to establish paternity. If you have not signed a voluntary acknowledgement of paternity, then a woman can go through the courts to establish it formally through the court with a DNA test. If you have signed the acknowledgement, then you may also be served with papers demanding support for the child financially. Regardless of what you have been served with, what should your next move be when this happens?

When you are served, your first action should be to actually read the papers to discover what they want. They may be calling you in for a paternity test or they may be demanding child support. These are two different matters that require different approaches. However, the most important part of both is the time in which you have to give your answer. The complaint will be numbered and you need to either agree or deny each part of it. Unfortunately, you have a rather narrow time frame to do so. This is where your next action comes in.

After a complaint has been served to you, next you will want to get in contact with a family law attorney as soon as possible. Your lawyer can help you formulate a reply to the complaint and explain what each answer means. For example, agreeing to test paternity could also mean paying child support if it turns out to be true. Your lawyer will advise you on how best to answer for the outcome that you want to happen.

If you have been served with paternity or for any other family law matters, contact us today. The Law Office of Jamra & Jamra is dedicated to helping you get the outcomes you want so you can do what is best for your family.