Posts Tagged family law

Benefits of a Collaborative Divorce

The typical divorce often involves parties sparring with each other as adversaries. A collaborative divorce utilizes a different approach. Family law attorneys guide their clients to work together to find equitable solutions to issues such as custody, visitation, and property division. Instead of entering the divorce process contentiously, spouses agree to work together to troubleshoot and solve problems through negotiation and mediation.

In a collaborative divorce, proceedings are less expensive and can be completed more quickly than litigation. Both parties can feel confident about having their concerns addressed. Additionally, a compromise occurs during negotiation, which allows the parties to reach a settlement without a judge interceding. In this format, all parties, including children, typically experience less stress and anxiety.

Both parties must be willing to work with each other to achieve a collaborative divorce. With this plan, a family law attorney can help spouses end their marriage and move forward without the acrimony usually associated with divorce.

Factors That Merit Changing a Final Judgment

Modifying a final court decision is common in family law. Changes regarding income, illness, and the residence of either party can make adhering to the judgment unfair or even impossible. A post-judgment modification is when a judge alters a court decision after a final judgment is made. Often in divorce cases, the custody, child support payments, and the marital status of either party can change. If some event impacts at least one of the parties, the judgment may need to be modified.

Life Events, Injury and Illness

A change in circumstances for either party such as employment status or health could require the court to review the family law case. If the party paying the support loses their job rendering them unable to fulfill their duty, they must inform the judge. If the payer is injured and cannot work for a short amount of time, a judge may temporarily reduce or stop the payments. If the illness is permanent and debilitating, they may be incapable of providing support. However, if the child has an illness, the amount of support may increase. Further, if the supported parent gets a job, the payment amounts could be reduced or stopped.

Relocation to Another State

The custodial parent may want to move to another state, which would call for the court to reevaluate the decision. The reason for the move may be for a job, to live near relatives or for a cheaper cost of living. While such a move would clearly impact visitation with the child by the noncustodial parent, the move is permitted unless the noncustodial party can demonstrate that the relocation is not in the child’s best interest.

Emancipated or Alimony Recipient

A child is emancipated when he or she reaches the legal adult age and no longer needs to be supported financially. The child may be granted emancipation earlier than legal adult age if they can demonstrate financial independence and no mental illness. However, support may still be required if a child has a condition rendering them physically, mentally or even financially dependent. If a spouse who is receiving support remarries, she may not need as much support.

Family law is not the only field of practice to utilize post-judgment modifications. The details of which parent gets custody, the amount of support being paid and either party’s fluctuating income often mean that settlements will probably be modified more often than other cases.

Resolving Difficult Family Law Matters

Family law tends to be particularly challenging because emotions often run high. Whether a situation involves the dissolution of marriage or the custody of children, people usually have strong feelings that become part of the process. It may be possible to resolve some problems without excessive intervention, depending on the situation.

Reaching an Agreement

The goal of any family law matter is to reach an agreement. While this often involves going to court to enlist the help of a judge, this is not always necessary. The parties can also make an agreement without the intervention of any outside entities. The process may also involve negotiation, mediation, counseling, and arbitration. If each of these options fails, the final step may be entering the dispute into the court system for a ruling.

Even though it’s typical for these situations to be unpleasant, parties can take steps to resolve issues in a positive manner. Avoiding personal attacks and blame, keeping children out of the process, and striving to communicate effectively are three ways that people can work to resolve differences amicably.

Understanding Post-Judgment Modifications for Child Support

What is a post-judgment modification?

A post-judgment modification is a process in which a person files a motion or application to modify a court order, such as child support, custody, or parenting time. This is typically due to a considerable change in circumstances, and the modification will only be granted if the person’s change in circumstances is substantial enough. A few examples that would be grounds for modification are significant changes in either party’s income, behavioral or criminal problems, substance addiction, change in daycare expenses, college expenses, or unanticipated medical expenses of consequence.

The successful motion or application is frequently accompanied by an affidavit or certification, including relevant exhibits, and sometimes a legal brief if the legal issue is unique or a matter of first impression before the court. The matter is then scheduled for oral argument before a Superior Court judge, at which time a decision is rendered.