Browse Tag by Domestic violence
Family Law

Child Support: Can Fathers Receive Child Support?

If you are the father of a child and you would like to receive some child support, it is important that you understand how the process works. You will find that there are different steps you must take, and that the amount of time it takes to complete them is going to depend on your circumstances. The first step is determining who you are and whether you are the legal father of the child.

Establishing paternity before receiving child support can be a complex process. However, if you are unmarried and have a child, you have a legal obligation to provide support for that child.

In most cases, the law requires both biological parents to help support their children financially. This means the mother cannot refuse to accept child support payments from a father. Similarly, a father who is not married to the mother will not usually be awarded custody of the child. Seek legal help from an established Miami child support attorney.

If a man thinks he is the father of a child, he can file a paternity petition with the Office of the Attorney General. The father will have to prove that he has a duty to provide financial support to the child.

A paternity test can be ordered by the child support agency. It will examine the DNA from the mother and the child to determine the biological father.

The results of a paternity test are typically available within 4-6 weeks. However, it is important to note that the result of a genetic test is not always conclusive.

One of the simplest ways to describe primary physical custody is that it’s when a parent has the child for the majority of their parenting time. This can make for a much more stable environment for the children involved. But it’s not always the case. If the parents can’t agree on the arrangement, a court hearing may take place.

This type of custody also helps to reduce the cost of parenting. For example, it’s not necessary to move everything from one home to the other. That said, it’s important to consider the best way to arrange the arrangement.

There are a number of options to choose from. You can decide on a plan that includes the child’s best interests as your guide. Or, you could let a professional legal consultant work out the details for you.

In most cases, parents will split their time fairly equally. The amount of time they spend with the kids will determine the amount of child support they will have to pay.

When a non-custodial parent does not pay his child support, the court can order his employer to garnish his wages. This action ensures that the money is paid on time.

The federal law allows for wage garnishment of up to 50% of a non-custodial parent’s disposable income. There are exemptions for Social Security, certain pensions governed by ERISA, and other types of income.

A court will not issue a garnishment without first issuing a judgment. Once the order is issued, the non-custodial parent must start making payments on the order. Some states require the receiving parent to send the paying party a notice of their right to request a hearing before the amount is deducted from their paycheck.

The process of a wage garnishment is coordinated by the state’s government child support agency and the employer. If the employer fails to comply with the garnishment, the employer can be fined up to $100 a day in late fees.

Defending against a default judgment is a very difficult task. Nevertheless, it is important that you prepare yourself for the hearing. You can contact a family lawyer for guidance.

The first thing you must do is to notify the court about the other parent’s employment history. This information can help the court determine whether the child support order is valid. It may also be used to determine the amount of child support you will have to pay.

If you are a party to a default judgment, you have the right to request that the court vacate the judgment. This can be done by requesting an Affidavit of Service.

Affidavits of service are legal documents that describe how papers were delivered to the plaintiff. They can also help you decide if a default judgment can be set aside.

A default judgment can be set aside if the affected party proves that he/she was unable to respond to the petition. You should provide proof of this.

 

Family Law

Tips on How to Drop Domestic Violence Charges- a Family Lawyer Elucidates

It is clear that domestic and family law attorneys are charged with a unique responsibility when it comes to handling domestic and family disputes. If you are experiencing an immediate problem involving domestic abuse, and your divorce law attorney is not doing anything to help you, then fire him/her. In most instances of domestic abuse, the judge may be required to issue a temporary protective order against the abuser and/or the victim’s children of the relationship. This order prohibits the abuser from contacting the victim or their children in any way, whether verbally or physically.

Unfortunately, spousal abuse often times results in more than just one divorce. Many times, the victims are unwilling to cooperate with the abuser, and they end up filing for divorce themselves. Divorce lawyers who are skilled in working with victims of spousal abuse may be able to convince the courts to issue protective orders against the abuser, thereby preventing further spousal abuse from taking place. A divorce lawyer who is experienced with these types of cases may be able to protect the legal rights of their client, as well. Many individuals do not want to end up in a situation where they have to disclose their entire intimate history to a complete stranger.

 

A divorce and domestic violence attorney can also assist their client with issues related to child custody. Often times, if a child is involved in a violent environment, his/her best interests are not being represented. Unfortunately, many times, family law attorneys do not fully understand the laws surrounding child custody and what the courts expect. If you feel that your child has been severely neglected, you will want to discuss this with a family law attorney. The attorney can explain the legalities and the factors involved in child custody and why you as a parent are being served the punishment, rather than the abuser.

 

A divorce and domestic violence attorney can also be very helpful when it comes to dealing with other legal issues. For instance, many individuals who are in an abusive relationship are often times denied access to the family court. If you or a loved one have been abused by a spouse or partner in a civil or criminal setting, it is important to consult a family law attorney as soon as possible. There may be things that need to be done at the family court level in order to protect the victim and ensure he/she has the ability to pursue the abuse charges against the perpetrator. An experienced attorney may even be able to file motions in family court in order to prevent the abuser from returning to the scene of the crime.

 

family law attorney serving in all of FloridaIt is imperative that individuals who have experienced abuse in a divorce case seek legal counsel as soon as possible. Victims of spousal abuse or violent relationships should never ignore calls from their lawyer or any information they may have regarding abusive behavior. Many victims of this type of crime tend to be fearful and do not express many concerns to family or friends. This means that they may be further victimized if they choose to remain in an abusive relationship, said family law attorney serving in all of Florida.

 

It is very important for victims of domestic violence to seek legal counsel immediately after being the victim of abuse. If the victim does not seek legal counsel, he/she is putting themselves at risk of not only further victimization but may also put the physical safety of their children in jeopardy. A family law attorney can not only advise them on legal action they may have to take, but can also help them deal with creditors and the various systems that they may be dealing with after the divorce. It is very important for survivors of domestic abuse to seek legal representation as soon as possible after being the victim. There is so much that can be done in order to ensure the safety and security of family, especially children.