Family Law

The Family Law Blog Index: 2011-12

2011-10-07T12:15:00.001-07:00

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«• October 7, 2011 •»

«•The Family Law Blogs•»

• Child Support

• Divorce

• Community Property

• Spousal Support

• Paternity

• Family Law Attorneys

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• Updated regularly

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Below you will find a complete list of the Family Law Blogs on this Blog site. (Last updated 08/30/11) (Click on any link below)

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Attorneys

• What Questions Should You Ask When You First Meet With A Divorce Lawyer?
• How to Choose a Divorce Attorney.
• How do I File a Complaint against my Lawyer?
• Do I need an Attorney for my Paternity Case.

General Information

• How to Stop Being Jealous
• Legal Dictionary: Family Law
• Same Sex Marriage in the United States
• Is Common Law Marriage Legal?
• Glossary of Family Law Terms
• Top Ten Signs Your Spouse is Cheating on You
• No More Mr. Nice Guy
• How to Block Phone Text Spam
• How do we divide the property when we Divorce?
• Handling Divorce
• Survival Manual for Men in Divorce (2004 Edition)
• Is there a Gold Digger in Your Relationship?
• The Potential Effects of Divorce & ChildSupport

Child Support

• Child Support Statistics and Trends
• Can I go to jail for failing to pay child support?
• I owe child support, but can't afford to pay.
• Child Support and Family Law
• How do I locate a missing parent so I can enforce a child support order?

DNA & Paternity

• The DNA Test Proved I'm The Father. What Next?
• The "false positive" DNA Test Results
• Paternity - What you need to Know

Same-Sex Marriage/Domestic Relations

• Same-sex marriage in the United States^{Under Construction!}

Family Law by State

Arizona

• Arizona Family Law - Child Support

California

• Domestic Partners - California
• California - Section 707(b) of the Welfare & Institutions Code
• California Family Law - Juvenile Court - Nevada County
• California Protective Orders Laws

District of Columbia

• District of Columbia Family Law Center

Nevada

• Nevada law allows Family Court judges to order suspensions of medical, professional and recreational licenses for nonpayment of child support.

New York

• New York Family Law - Paternity^New!

Oregon

• OREGON - OPTIONAL STATEWIDE FAMILY LAW FORMS - New and Revised Forms -

Texas

• Texas Family Law - In Pro Se

Washington

• Washington State Family Law

Other Law related Blogs:

1. Landlord-Tenant Law

2. Corrupt Justice Officials

3. Lawsuits

4. Real Estate Law

5. Police Brutality

6. Bankruptcy Law

7. Re-Zoo-May (Resume/Employment)

District of Columbia Family Law

2010-08-24T12:07:00.000-07:00

«•Welcome To Family Law Blogs•»

• Child Support
• Divorce
• Community Property
• Spousal Support
• Paternity

«•Brought to you by Williby Blogs!•»

• Updated regularly

«•Bookmark us & Tell a Friend!•»

Note: «•"The information & links connect to resources available and are provided with the understanding that they represent only a starting point for research."•»

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Superior Court of the District of Columbia Family Court Self-Help Center

The Family Court Self-Help Center is a free walk-in service that provides unrepresented people with general legal information in a variety of family law matters (such as divorce, custody, visitation, child support).

The Center staff can:

•» provide you with information about D.C. family law matters;
•» inform you of your legal rights and obligations;
•» describe your legal options;
•» help you determine which forms are most appropriate for you and how to complete them;
•» explain how to navigate the court process, and what to expect in court
•» refer you to other helpful clinics and programs.

If the family law matter is too complex or otherwise inappropriate for the Center, we will try to refer you to a legal or social service provider who can help you.

Note: The Center cannot provide legal advice, take sides in any case or represent anyone in court.

The DC Bar Pro Bono Program offers a free divorce clinic and a free custody clinic for people who wish to represent themselves in such cases. These clinics are conducted in the Superior Court and are held every month. For more information, link to the DC Bar Website or call 202-737-4700 x 3292.

Pro Se Family Law Pleadings for Individuals Without Lawyers for Use in D.C. Family Court

These legal documents (and forms) have been designed by the D.C. Bar Pro Bono Program’s Family Law Representation Committee to help people without lawyers in D.C. Family Court. They can be used in court cases related to divorces, child custody, paternity, child support, or standby guardianships.

These free materials are intended for people who do not have lawyers. If you have a lawyer, your lawyer will draft the legal documents you need, tailored to your own specific case.

The information in this Web site is presented by the D.C. Bar as a service to its members and the public. Although the Bar attempts to keep this information current and accurate, it makes no warranty or guarantee that it is correct, complete, or up-to-date. Read the rest of the D.C. Bar’s disclaimer.

To access these pleadings, you must have Adobe Reader. To download a free copy, go to www.adobe.com.

Other Law related Blogs:1. Landlord-Tenant Law2. Corrupt Justice Officials3. Lawsuits4. Real Estate Law5. Police Brutality6. Bankruptcy Law7. Re-Zoo-May (Resume/Employment)

Pre-Nup or Not: Is It A Good Idea?

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New York Family Law - Paternity

2009-08-11T10:57:00.000-07:00

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«••» Child Support • Divorce • Community Property • Spousal Support • Paternity • The Family Law Blogs, Brought to you by Williby Blogs! • Updated regularly • Bookmark us & Tell a Friend! •» Note: "The information & links connect to resources available and are provided with the understanding that they represent only a starting point for research." «••» Bookmark Us & Tell A Friend! •»

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New York Family Law

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What is a Paternity Case?

In New York, a Paternity case is a Family Court case that names a child's legal father if the child's parents were not married to each other when the child was born. If a man is named as the legal father: The man has the right to ask a court for legal custody; or visitation rights to the child. He has to support the child until the child is 21 years old, in most cases. The child may also get social security benefits, veterans benefits, and inheritance rights when these are available.

The following people may initiate a Paternity case:

1. The child's mother;
2. The man who believes he is the father;
3. The child or child's guardian; or
4. The Department of Social Services if the child is receiving public assistance.

Both the petitioner and the respondent have the right to hire their own lawyers in paternity matters. A respondent who cannot afford to hire a lawyer has the right to have a lawyer assigned by the court at no cost.

Starting a Paternity Case?

A Paternity case is started by filing a Paternity Petition in Family Court in your local court. The person who starts the case is called the "petitioner." In most cases, the petitioner is one of the parents. The other parent (the one who did not start the case) is called the "respondent" and must come to court when the court papers say.

If you are the mother or a man who believes he is the father, you can use the free and easy DIY Form program to ask the Family Court to name the child's legal father.

If you are not the child's parents, you can use this form to start your Paternity case.

New York State Do-It-Yourself Forms are only for court users who don't have a lawyer and legal services and pro bono attorneys and staff helping clients who cannot afford lawyers. Commercial use is prohibited and no one may charge for using these programs. When you begin the program, you will be asked to accept these terms of use.

The Hearing on your Paternity Case.

In New York, if the man denies paternity, the judge, referee, or hearing examiner might order DNA tests on the mother, father, and child for more evidence. DNA is a body chemical that everyone has. By reviewing the DNA information of the people in the case, the court can decide whether the man named in the court papers is actually the child's father.

Also in New York, the mother's husband at the time of the child's birth is the legal father of the child unless the court decides to name a different man based on the evidence. The evidence will usually include court testimony by the mother, by her husband at the time of the child's birth, and by the man who is supposed to be the real father. The evidence will also usually include DNA tests.

The most common thing that happens is that the child's mother and father will tell the judge, referee, or hearing examiner that the man named in the Paternity petition is in fact the child's father - if that is the truth. If that sounds truthful in the courtroom, and there is nothing in the child's birth certificate that shows something different, the judge, referee, or hearing examiner will name the man as the child's legal father in an order called an Order of Filiation.

In addition to the Order of Filiation, there is what is known as An Acknowledgment of Paternity. An Acknowledgment of Paternity is a paper, usually filled out at the hospital at the time of a child's birth, where the mother and father say that the man signing the paper is the father of the child. An Acknowledgment of Paternity does the same thing as a court Order of Filiation and will permit a hospital or Department of Health to name the man as the child's father on the birth certificate.

Other Law related Blogs:

1. Landlord-Tenant Law

2. Corrupt Justice Officials

3. Lawsuits

4. Real Estate Law

5. Police Brutality

6. Bankruptcy Law

7. Re-Zoo-May (Resume/Employment)

« « « Back to Index

Arizona, Family Law - Child Support

2008-12-10T08:15:00.000-08:00

• See the Complete list of Family Law Blogs.

To provide assistance to the public and court staff, the [Arizona] Administrative Office of the Courts created the Self Service Center web site, the child support calculator, Elder Law Hotline, and court approved forms. These projects are designed to provide information and services that will "help you help yourself" through Arizona's Court system.

The Self Service Center Website

The Self Service Center website is designed to provide information and forms for persons who are representing themselves in court. The information is intended to help you help yourself through the court system.

Court staff at the Self Service Centers can provide legal information, but not legal advice. The handbook, glossary and signage below are designed to help define the difference between legal information and legal advice. These materials may also help you determine whether your question is best suited for Self Service Center staff or an attorney.

• Question and Response Handbook - English and Spanish

• Glossary

• Signage - English and Spanish

If you do not understand any of this information, or if you have trouble filling out any of the forms located here, see an attorney for help.

If you are representing yourself, and you download forms from this site, and prepare them yourself, it is still suggested that you have an attorney look over the papers to make sure they are correct.

Forms for the following types of cases are included in this website.

• Divorce
• Child Support Changes
• Family Crisis
• Landlord/Tenant
• Name Change
• Probate (Guardianship)
• Small Claims
• Personal Information Redaction

[Most of the] forms that are [provided, are] accepted in all Arizona Courts, please contact the court in which you will be filing to confirm the use of Arizona Supreme Court Self-Service Center forms, determine any additional forms the court may require and verify the filing fees. Note: Files on this web site are presented in ".pdf" format and require that the free Adobe Acrobat Reader be downloaded and installed on your PC.

Note: Maricopa County-specific forms are available through the Maricopa County Self-Service Center.

• Maricopa County Justice Court Forms

Note: The Justice Court forms are intended to be filed in Justice Court for matters under their jurisdiction only. These forms are unique for the Justice Courts and are not appropriate to be used for Superior Court matters. Because of jurisdictional differences, Justice Court forms cannot be accepted for filing in Superior Court.

....To Be Contintued

Washington State Family Law

2008-12-07T08:38:00.000-08:00

• See the Complete list of Family Law Blogs.

Washington State Courts
Understanding the Legal Implications of
Marriage and Divorce
in the State of Washington.
Family Law Handbook (2008) (pdf)

Washington State Court Directory (printable version - pdf)

In Washington State, a divorce is called a "dissolution of marriage."

What is a Marital Dissolution?

A marital dissolution is another word for divorce - it is a court action that you may file to end your marriage. In Washington, we use the word marital dissolution instead of "divorce." You may file a marital dissolution only if you are married. In most situations, if you are legally married according to the laws of the state or country in which you were married, your marriage will be recognized as legal in Washington.[2] Washington has "no fault" dissolution -- you do not need to prove that either spouse was "at fault" in order to get a divorce. Only one party needs to prove that there are irreconcilable differences (you can no longer get along with each other).

The court will grant a dissolution if you meet all the following:

• You are married either legally or through common law marriage in another state or country. Washington does not have common law marriage.

• You or your spouse are a resident of Washington, meaning you or your spouse live here and intend to remain here, or you are in the military and will be stationed here for at least 90 days after you file and serve the Petition for Dissolution.

• One spouse in the marriage believes that the marriage is irretrievably broken (the relationship can't be fixed).

• You file and serve the Summons and Petition for dissolution properly.

• At least 90 days have passed since the Petition for Dissolution was filed and served.

For more information see:

"General Information about Divorce"
(by: Northwest Justice Project)

Marital Dissolution with no Children in Washington State

The legal information in this publication is designed to help you learn about the laws that apply when you want to end your marriage (known as a "marital dissolution" or "dissolution of marriage") in Washington and you have no children. It will give you an overview of the law and help you decide what type of case you need to file in court.[*] This publication is intended for persons who want to file a dissolution of marriage (petitioner) or persons who have been served with dissolution of marriage papers (respondent).

Ending Your Marriage in Washington without Children: The Basics
(by: Northwest Justice Project)

If at all possible, you should meet with an attorney who specializes in family law before you file anything in court. If either you or your spouse has a lot of money or property, or you have been married a long time or your spouse is going to disagree with any part of what you are requesting, you should talk with an attorney before using our do-it-yourself publications. You may have rights, such as the right to a share of your spouse's pension or other property that you could lose if you do not present them properly in your dissolution case. Even if you cannot afford to hire an attorney to file your case, you should talk at least once with an attorney to get advice about your situation.

Washington State Court Rules

The Washington Rules of Court found on the Washington State Court's Internet site are current as of September 2008. Local Court rules, maintained online by the Washington State Courts, were updated in September 2008.

Washington State Court Forms

Here you will find forms that are used statewide in Washington Courts. This is not a complete list of all forms as your Court may require a non-statewide form to file a case, which are created and managed by the local Court. Please check with your local Court to confirm. You can also check Local Court Rules for more information.

• See the Complete list of Family Law Blogs.

The Potential Effects of Divorce & Child Support

2008-10-23T10:07:00.000-07:00

• See the Complete list of Family Law Blogs.

As a result of Divorce and Child Support Payments, Many Men will be forced to sleep in their cars.

How to Live in Your Car

A legal separation of marriage is defined as the agreement obtained by a court in deciding how to split the marriage, but not grant a divorce. The couple usually agrees to live separately, but that is not always required. It's best to meet with an attorney to fully understand what needs to be done and to decide if separating is the appropriate action.

Significance
Like a divorce, a legal separation divides property obtained during the marriage. It also establishes the rights of each spouse and may involve the responsibility of one spouse providing financial support to the other during the separation.

Considerations
Some states require a couple separate for a specific amount of time before a court will consider granting a divorce. If divorce is the goal, both people must live on their own during the separation period.

Misconceptions
A legal separation is not a divorce and does not mean a divorce must follow. A legal separation does not end the marriage. It only specifies the obligations of each spouse in light of their wishes to try living separately. The couple may even decide to live in the same residence while they are separated.

Potential
If there is domestic abuse, seek advice from an attorney immediately. The court needs to be made aware of any such circumstances involving the marriage.

Warning
If you eventually decide to divorce, the arrangements made in the separation may also be applied during divorce proceedings. When filing for a legal separation, make sure you understand everything before any documents are signed.

from wikiHow - The How to Manual That You Can Edit

Living in a car isn't something that anyone would recommend. However, when you get laid off, your emergency fund runs out, your home is foreclosed (or you get an eviction notice) and there's nobody to help, living in your car might be the only choice, especially if you don't feel safe at a local shelter. Unfortunately, in many places, sleeping in your car is not only frowned upon, but also illegal. Here's how to get by until something better comes along.

Steps

Find a safe and inconspicuous place to park. First, check to see if there are any organizations in your area (or a nearby area) that designates parking lots specifically for people in situations like yours; it's not only legal, but the organization might screen the people who use the lot, or even designate a women-only lot.[1] If there are no such lots available, and you live in a city, look for streets with no sidewalks, no overlooking windows, and adjacent to woods; the area should be sparse enough to avoid nosy onlookers but populated enough that the car does not stand out.[2] Parking lots of big-box retailers (especially those that are open 24 hours and have restrooms, such as Wal-mart) might work.
- Camp sites are another option, although they usually have time limits.
- If there's no restroom, having a creek nearby helps for rinsing purposes. Know how to safely defecate outdoors and make a poop tube.
- Once you find a spot, try to arrive late at night, and leave before 7am. This will draw as little attention as possible to yourself.
- If you can establish rapport with the manager of a retail store or restaurant, they may not give you problems about staying overnight, especially if they see your presence as a form of overnight security.[3]
- A free hospital parking lot is another option. If approached by a guard, you can say that you're waiting to visit a sick relative.[4]
Find a place to shower. The most logical place is a gym. This will help you keep your sanity and give you a purpose to your morning. Don't settle for the first gym you find. If you look around, you may find nearly deserted gyms in which you can shower and fully clean yourself without embarrassment.
- The next best choice is to check into a cheap motel or hostel once or twice a week and clean up thoroughly there (if you can afford it).
- At a truck stop, you can ask around for a shower coupon, if you feel safe allowing people to know that you're without a place to stay.
- Some toll roads, especially state turnpikes, have large rest areas with free showers for truckers. Since these are usually open 24 hours, these plazas are also good places to sleep.
Be discreet. Keeping your situation under wraps minimizes the embarrassment and helps avoid becoming a target for police officers and criminals alike.
- Rotate among several parking locations to avoid getting noticed.
- When you move around in the parked car, move slowly to avoid rocking the car.
- Consider using a car cover. Not only will it maintain privacy (especially since condensation on the windows will otherwise make it obvious that you're in there) but it will also keep the car warmer during winter. This is not a viable option, however, when it's hot outside.
- When it's sunny in the daytime, use a sunshade for the windshield.
Get the things you'll need. The basic essentials for living in a car are a blanket, a pillow, and a mattress or some other padding. Due to the angles involved in the seating setup, you may develop dull back pain from the cramped quarters. Should this happen, be sure to have pain medication on hand. Once you have your sleeping gear, you'll want a blanket to place over the back seat, and draped over the two front seats. This will block light and people's views.
Find alternate ways of generating electricity. A cigarette lighter converter is one option. These are useful for powering low consuming devices (100 watts), but if you plan on using your vehicle for cooking, then you'll need to draw power more directly from your battery or you'll blow the fuse. You will also need a much more expensive converter, and need to idle the vehicle while drawing this power. An alternative is to use gas, but do not use this inside the vehicle for safety reasons.
Have a place to store items that is portable. Get bags you can fill with your soaps, clothes, cell phone, etc. Keeping things in order will save you a lot of hassle. A vehicle may seem like a small space, but losing things can be extremely easy. Also, keeping things neat inside the car will draw less attention from people passing by who happen to look in the windows. Hiding your bedding might be a good idea (consider the trunk). There's not a lot of extra room in a vehicle for a week's worth of clothes, so consider finding a hiding place to keep them. The laundromat is great, but don't waste a load by throwing in too much, or not diluting the soap first. When you're not in the car, leave windows cracked and dryer sheets scattered about to keep the interior smelling decent. Wash your sheets once a month, or else you risk smelling like a homeless person, which will blow your cover and get you treated like a homeless person.
Evaluate your food options. They will be limited by the lack of refrigeration. Fast food is expensive when you're living off of it. With old fashioned (large flake) rolled oats, powdered milk, bottled water, plastic cups, and chocolate protein powder, you can ensure that you always have a nutritious snack to fall back on.[5]
Before you start living in your car, use your permanent address to:
- Rent a P.O. Box.
- Sign up for a gym membership.
- Renew any paperwork that will require an address to process soon.
- Put valuables in a safe deposit box at a bank.
If you have friends or family who can't (or refuse to) help you with your living situation (or you refuse to ask them for help) think about at least asking them if you can use their address.
Stay positive. Keep reminding yourself that the situation is only temporary. Spend each day hitting the pavement and looking for jobs. Use the local library and bookstore not only to search for jobs, but also to become more knowledgeable in ways that will help you get through this and find a job. Most importantly, talk to people like social workers and religious organization workers who will sympathize and understand, and try to help.

Tips

If you wear contact lenses you will need a disinfectant for your hands. Better yet, wear glasses.
Get an automobile association membership. This will help you if you drain your battery, or break down.
Make sure you have vehicle documentation and insurance. Without it, your problems will increase.
Personal safety should always be your number one priority. You may want to learn your state's gun laws and purchase a handgun or other firearm if you do not already own one. Criminals seek out people who appear vulnerable, or travel alone. Sometimes, the sound of a cocked gun will be sufficient enough to deter a potential mugger.
If you are spending the night in your car and you have been drinking alcohol, do not have the keys in the ignition, If it is winter and you need to run the car for heat, move over to the passenger or back seat.

Warnings

Be careful who you tell about your living in a car. If they're not likely to provide assistance, then don't bother, because you might end up endangering yourself.
The garbage truck or other neighborhood noises can wake you up. Consider earplugs.
Don't drink alcohol. Don't even bring any alcohol into your car. If cops find you with alcohol in your blood or in your car, you could get in serious trouble, even if you're not driving at the time.

Things You'll Need

Blankets and pillows
Car with insurance and license
Water
Gas
Food
Gym membership
Automobile association membership (if your car insurance doesn't include Roadside Assistance)

Related wikiHows

Sources and Citations

↑ http://www.cnn.com/2008/LIVING/wayoflife/05/19/homeless.mom/index.html

↑ http://www.nytimes.com/2006/04/02/us/02cars.html

↑ http://www.pitch.com/2008-09-04/news/joco-s-hobos-when-a-working-man-doesn-t-have-a-home-in-johnson-county-a-wal-mart-parking-lot-is-the-next-best-thing/2

↑ http://www.nytimes.com/2006/04/02/us/02cars.html

↑ live-frugal.blogspot.com/2008/02/stealth-living.html

Article provided by wikiHow, a collaborative writing project to build the world's largest, highest quality how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Live in Your Car. All content on wikiHow can be shared under a Creative Commons license.

• See the Complete list of Family Law Blogs.

Texas Family Law - Pro Se Divorce

2008-10-18T08:53:00.000-07:00

PRO SE DIVORCE SUITS

• Espanol: Manual para tramitar un divorcio Pro Se (Spanish version of Pro Se Divorce Handbook)

“Pro se” means that a party to a lawsuit is representing him or herself. All persons involved in divorce cases are strongly encouraged to consult with an attorney so that the legal proceedings and the effect of legal documents and Orders can be fully explained to you. If you have children, property, or support issues which need to be decided by the court and which have not been resolved by an agreement, you are not required to retain an attorney but the Clerk’s Office cannot give you advice on how to proceed. If you proceed without legal counsel, you may unknowingly lose rights to custody or visitation, child or spousal support, equitable distribution of property, or other legal claims arising out of your marriage. Furthermore, at trial the same rules will apply as if you had an attorney, and the Judge is not permitted to help you in presenting your case. Additionally, if you do not know your spouse's whereabouts, or if he/she is in jail for committing a felony, you should seriously consider consulting an attorney about how to proceed.

“Uncontested divorce actions” are those in which the parties have agreed upon all issues before the court, or those in which it is anticipated that only one side will actively participate. “No-fault divorce” suits are those in which the parties only ask for a divorce on the grounds that they have lived separate and apart for the period of time required by law.

Custody in Texas

1. If you are a resident of Texas, and you and your spouse are planning to divorce, it's best to find out all you can about joint custody laws. These guidelines will help you and your soon-to-be ex spouse to share custody of the child in a way that serves in her best interest.

Joint Legal Custody

2. In the state of Texas, parents can be granted joint legal custody of children, which means that both the mother and father are legally responsible for the upbringing of the child. Parents have equal responsibility when it comes to determining where the child will attend school, what types of medical treatments the child will receive, and the types of community or extracurricular activities the child can be involved in. While both parents reserve the same rights in terms of custody, the child primarily lives with one parent in a joint legal custody arrangement; the remaining parent receives visitation with the child.

Shared Physical Custody

3. Parents who are Texas residents and live in close proximity to each other may also want to consider shared physical custody. This is when the child spends the majority if his time in the home of one parent, but lives with the remaining parent at least 35 percent of the time. Both parents still reserve the right to make major decisions concerning the child's health, education, and well-being in a shared physical custody arrangement.

Combination Joint Custody

4. Depending on the living arrangements of the parents, the best interest of the child, and the discretion of the Texas courts, a combination of shared physical custody and joint legal custody may be awarded to the parents. Many parents who choose a combination joint custody arrangement keep the child at one residence, but rotate the days they are at the residence to care for the child. The courts look to ensure that the two parents can get along favorably when making decisions regarding the child; if the mother and father are constantly disagreeing on issues such as which religion to raise the child in, or which school to send the child to, Texas legislature may rule that one parent have sole custody, while the other parent reserves visitation rights.

In Texas, the district courts have original (subject matter) jurisdiction in divorce (Family law) cases, among others. In the some of the Texas counties, however, the courts may specialize in family law matters. (Click Below)

•Family District Courts in Dallas County (Dallas County)
•Family Courts (Tarrant County)
•Texas County Websites in Alphabetical Order (Texas Association of Counties)

Related Links

• The Complete Family Law Blog List (List of Family Law Blogs)

Related (External) Links

• What to Expect in Texas Family Law Court
• Harris County District Courts (Click on Family)
• Texas Statutes (Family Code)
• Ending the Violence: How to Obtain a Texas Protective Order
• Pro Se Divorce Handbook (Self-Represented Litigants)
• Pro Se Divorce Handbook (Updated copy of Exhibit "D" of the Handbook)
• Pro Se Divorce Handbook (Updated copy of Exhibit "E" of the Handbook)
• Adoption Options (A Directory of Adoption Agencies in Texas)
• Dell Dehay Law Library of Tarrant County

• See the Complete list of Family Law Blogs.

Is there a Gold Digger in Your Relationship?

2008-10-06T12:42:00.000-07:00

• See the Complete list of Family Law Blogs.

How to Spot a Gold Digger

from wikiHow - The How to Manual That You Can Edit

Have you ever been suspicious that the person you're dating is more interested in your money than in you? If you are concerned about this and want to find out, here are some ideas to accomplish this and protect yourself before it is too late.

Steps

Understand what a gold digger is, and is not. There's nothing wrong with a person being concerned about your financial stability. A long-term partnership means depending on each other through the ups and downs, and being financially reliable does help with that to a degree. The difference between a gold digger and someone who values your role as a provider is that the gold digger would deride and perhaps leave you if you lost your ability to provide for them financially. A good person can appreciate your financial resources, but a gold digger appreciates only that, and will not see the relationship as worthwhile if you're not well off.
Gold diggers drop hints that they're having trouble paying their bills (sometimes they might even ask you directly for a "loan" to tide them over). They know that you don't want to see them get an eviction notice, or get their car repossessed, and you're a good person who's in a position to help. But there's a difference between a gold digger and someone who's just fallen on bad times. What you should be looking for is if, despite their situation, this person is making poor financial decisions. Do they buy a brand new car with luxury features when they're struggling to pay rent? Do they buy $300 shoes or watches when their phone service is at risk of getting cut off? Do they go to expensive restaurants when their credit cards are maxed out, because they "work hard" and they "earned it"? Many gold diggers know better than to ask you to fund their more luxurious tastes, at least in the beginning; they'll tap into your desire to help them afford the things they need (food, shelter, transportation) so that they can spend their own money on the things they want.
When they discuss their financial woes, suggest ways in which the suspected gold digger can make money fast. When you mention the possibility of them selling their luxury car, video console, guitar, diamond bracelet, or any other expensive item that could keep them from becoming homeless or having their utilities cut off or car repossessed, how do they respond? The average person will be saddened and may even become angry or upset, but a gold digger will be appalled at the very idea that they should have to give up their prized possessions in order to meet their own basic needs. They'll treat the idea as ludicrous.
Look for a sense of entitlement. Gold diggers feel that they deserve to be treated well, and that includes knowing that someone is willing to spend money on them. Maybe it's because they had a bad childhood or relationship, and they feel they deserve to be happy (and it just so happens that their joy carries a high price tag). Or maybe they feel it's their right to be able to pursue their big dreams at the expense of financial stability, and, coincidentally, haven't considered who will foot the bill of their soul-searching. Have you noticed unreasonable expectations of especially favorable treatment? This sense of entitlement is one of the symptoms of narcissistic behavior, which has other symptoms that a potential gold digger might harbor:[1]
- grandiose sense of self-importance (e.g., exaggerates achievements and talents, expects to be recognized as superior without commensurate achievements)
- preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love
- believes that he or she is "special" and unique and can only be understood by, or should associate with, other special or high-status people (or institutions)
- requires excessive admiration
- lacks empathy: is unwilling to recognize or identify with the feelings and needs of others
- often envious of others or believes that others are envious of him or her
Ask them meaningful questions.
- What is the best gift they've ever gotten? Gold diggers will almost always cite an expensive, material object, not a uniquely personal and thoughtful gift.
- What's the biggest thing you ever had to give up to do or get something you really wanted? What you're searching for here is evidence of delayed gratification - the ability to give up something now so that you can achieve something greater, later. Gold diggers are notoriously spoiled or sheltered, and have never had to really wait, work, or struggle for what they want because somehow, someone was always there to help.
See what questions they ask you. Certain questions which might seem harmless might really be an attempt to judge your ability to provide. None of these questions, alone, should get you worried but all of them on the first date should definitely send up a red flag:
- How much do you make a year? Why would she/he ask this question? Because a gold digger is a mobile calculator, therefore every question that relates to money is calculated to determine the percentage of the total amount that she/he believes she/he "deserves".
- Are you a homeowner? And what type of car do you drive? They are trying to determine your overall worth and whether being with you is a profitable investment for them.
- How many kids do you have? Your answer to the question will help her/him determine (calculate) much of your income and attention goes to your children and how much time you can devote to her/him. A gold digger is a needy individual that will take up a lot of your money, time and energy.[2]
Search for signs of generosity and gratitude towards you. After having gone on several dates, has this person ever offered to pay? When you do pay, does he or she say thank you? Do they ever offer to help you in other ways? (And no, physical intimacy doesn't count; do they cook you dinner when you've been out working late? Fix your computer? Run an errand for you when your schedule's especially tight?) If these character traits are missing, is this really someone you want to get involved with? A person doesn't develop gratitude and generosity overnight...
Indulge in a pipe dream. A pipe dream is basically a long shot. Take one of your childhood fantasies and run with it. Tell the person you're dating that you're thinking about becoming the mechanic, farmer, supermodel, writer, [insert dream career here] you've always wanted to be. Explain how if you were to ever do this, it would require a significant lifestyle change; you'd have to go back to school, relocate, or whatever would make it clear that your standard of living will go down dramatically. How does this person respond? Do they seem concerned? That's normal. A good person will encourage you to follow your dreams while simultaneously helping you think of ways to do it practically and responsibly. A gold digger will look horrified or disgusted and say things like "You're not really serious, are you?" OR they are ready to call it quits and leave because you are paying attention to "you" instead of "them".
Watch yourself. It feels good to help people, whether you just helped someone avoid becoming homeless, or you're helping an aspiring artist or entrepreneur launch his or her career, but you have to be careful that you don't fall into a pattern where your help become the norm, so much so that without your financial assistance, the relationship would crumble. If you're the kind of person who has trouble saying "no", or who is intensely sympathetic and compassionate, you're more likely to bump into a gold digger. You might also face the feeling that this is one of the most attractive or intriguing people you've ever dated, and you don't want to ruin your chances, but don't be fooled by a good looking exterior. It could cost you.

Tips

Gold Diggers can be business partners as well.
Protect yourself by maintaining your financial independence. Keep your own bank accounts and approach joint accounts and credit cards with extreme caution.
It's not a coincidence if your date goes to the bathroom every time the bill shows up or always forgets to bring his or her wallet.
If this person complains that you don't ever do anything nice anymore, think of 2-3 inexpensive dates and one expensive one and see what your date says. A gold digger will reliably pick out the most expensive one, every time.
A gold digger moves the relationship too fast, perhaps trying to push marriage and not signing a pre-nup agreement. If you mention a pre-nup and this person makes up every excuse and tactic necessary to get out of it, this is another red flag that you are dating a gold digger.
A gold digger will usually not engage in "physical" activities unless given incentive i.e. taken on a date, given a gift, etc.
It's always a good idea to check court records to see if the gold-digger has been divorced. You can learn a lot by reading their complaint, motions and responses, etc. Don't simply rely on 'their side' of the story.
Have you met their family? You can learn a lot from people close to them.
Watch other people's reactions when they hear you've been out with someone or spending time with someone. Often, others will attempt to subtly let you know through reactions and comments that the person is a gold digger.
Most people don't want to be obliged or beholden to others for large sums of money. A gold digger doesn't have to be prompted twice to take a "loan" from you. Think about what makes sense: would you open up to someone you just met about your financial woes? Would you take a loan from a guy or girl you've been out with once? Probably not, but a gold digger is looking for his or her next "sugar daddy/mama" at all times.

Warnings

If you find yourself dating gold diggers more often than you'd like, think about where you meet people, and how you present yourself. If you look like you could be somebody's "sugar daddy" or "sugar momma" (successful, with a high standard of living) then guess what kind of crowd you're going to attract?
Don't become overly stingy in an effort to spot a gold digger. The above steps all involve getting to know the person, and observing their behavior. You don't have to pretend to be a total cheapskate in order to judge someone's character.
Gold diggers are often thought of as female. Men can be gold diggers too.
Watch out for people who frequently change jobs, or go long periods of time unemployed. Be careful when there is always an excuse to explain their unemployment, especially when the reason is always someone else's fault (I got laid off, my boss hated me, they wanted me to work all the time, there was no room for advancement, they kept shorting my paychecks, etc.) Stuff happens, but when it happens to that person over and over, it's a red flag.
Many gold diggers won't let go of one relationship until they have a more lucrative one on the line. Watch out for the guy or girl who grows close to you, and more dependent on you, but won't let go of the unhappy relationship they are in. They may be working both ends against the middle, wringing the last drops out of their current relationship, while setting you up to be their next.

Related wikiHows

Sources and Citations

Is Your Partner a Gold Digger? - Original source of some of the information on this page, shared with permission. See discussion page for details.

↑ http://www.behavenet.com/capsules/disorders/narcissisticpd.htm

↑ http://ezinearticles.com/?Top-5-Tips-on-How-to-Spot-a-Gold-Digger&id=1028124

Article provided by wikiHow, a collaborative writing project to build the world's largest, highest quality how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Spot a Gold Digger. All content on wikiHow can be shared under a Creative Commons license.

Domestic Partners - California

2008-09-09T04:35:00.000-07:00

Who are domestic partners?

Domestic partners are "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring." The following discussion is for people who have registered their domestic partnership with the California Secretary of State or the equivalent in another state (such as a civil union in Vermont).

How do I become a domestic partner?

To be domestic partners, partners must:

1. File a notarized Declaration of Domestic Partnership with the California Secretary of State;

2. Have a common residence;

3. Not be married or related by blood in a way that would prevent them from marrying;

4. Be at least 18; and

5. Either be members of the same sex or one or both of them is over 62 and eligible for Social Security benefits.

How do I end a domestic partnership?

Domestic partners have a special form to start their case for dissolution, legal separation or annulment of their domestic partnership. These forms are 1) Petition - Domestic Partnership (Family Law) (form FL-103) and 2) Response - Domestic Partnership (Family Law) (form FL-123). For all other forms to complete their divorce, legal separation or annulment, domestic partners will just use the same forms as those used by married persons.

What are the main differences between divorces of married persons and domestic partners?

Residency - Domestic partners who have registered in California have agreed to the jurisdiction of the California courts to end their domestic partnerships - even if they move away or have never lived in California.

If couples have become domestic partners (or their equivalent) in other states, they can file in California to end their domestic partnership if at least one of them is living in California.

To file for a divorce, one party will have had to live in California for at least 6 months and the county where divorce is filed for at least 3 months before filing. To file for legal separation or annulment, they can file as soon as they've moved to California.

Partner support - unlike spousal support generally, it will probably not be taxable to the person receiving and tax deductible for the person paying.

The law allowing for domestic partners to obtain dissolutions, legal separations and annulments is new. There are many things that are still uncertain regarding property, custody and tax issues. It is important to talk to an attorney who is knowledgeable about the law in this area.

What about summary dissolutions?

Domestic partners who meet the following requirements can get a divorce in a simple way.

If you and your domestic partner:

-have not been in a registered domestic partnership for more than 5 years on the date you file your Notice of Termination of Domestic Parntership;

-have no children together that were adopted or born before or during the domestic partnership (and the other partner is not pregnant now);

- do not own or have an interest in any real estate (house, condominium, rental property, land, or a 1-year lease or option to buy);

- do not owe more than $5,000 for debts acquired since the date of your domestic partnership (do not count auto loans);

-have less than $33,000 worth of property acquired during the domestic partnership (do not count your cars);

-do not have separate property worth more than $33,000 (do not count money you owe on the property or auto loans);

-agree that neither partner will ever get partner support from each other; AND

-have signed an agreement that divides your property and debts.

In addition, either you or your domestic partner must have lived in California for the last 6 months and in the county where you file for summary dissolution for the last 3 months.

What about federal laws?

At this point, federal law does not recognize domestic partners. There are over one thousand federal laws in which marital status is a factor. These include rights under Social Security, Medicare, immigration law, veteran's benefits and federal tax laws. Domestic partners also may not have the same rights as married persons once they cross beyond California's borders. This is important for parents to consider in their custody agreement.

What about taxes?

Federal and state tax laws were not changed to recognize domestic partners. They can be very complicated and it is important to talk with an attorney or accountant who is knowledgeable in this area about income, property and other taxes.

Child Support Statistics and Trends

2008-08-31T22:48:00.000-07:00

Following is a selection of nationwide statistics and trends on payment and receipt of child support.

Average Annual Amount of Child Support Due and Received

In 2001, 6.9 million custodial parents who were due child support under the terms of agreements or current awards were due an average of $5,000; an aggregate of $34.9 billion in payments due.

Of this amount, about $21.9 billion (62.6 percent) was received, averaging $3,200 per custodial-parent family. Overall, custodial parents reported receiving $22.8 billion directly from the non-custodial parent for support of their children in 2001, which included $900 million received by parents without current awards or agreements.

Average Annual Amount of Child Support Received

In 2001, the average annual amount of child support received (for custodial parents receiving at least some support) was $4,300, and did not differ between mothers and fathers (as support recipients).

Parents Who Received All Child Support Due

The 2001 proportion of custodial parents receiving every child support payment they were due was 44.8 percent. Among these parents, the average amount received was $5,800, and did not differ significantly between mothers and fathers.

The average family income for the 3.1 million custodial parents who received all the child support they were due in 2001 was $32,300, and their poverty rate was 14.6 percent.

Child Support More Likely When Custody and Visitation Agreements in Place

A large majority (85.3 percent) of the 6.9 million custodial parents due child support payments in 2001 had arrangements for joint child custody or visitation privileges with the non-custodial parents, and approximately three-fourths (77.1 percent) of these parents received some support payments.

Of the custodial parents due child support but who did not have joint custody or visitation arrangements, about half (55.8 percent) received any payments.

Child Support and Public Assistance

About 36.5 percent of custodial parents contacted a state child support enforcement office (also known as a "IV-D" office), state department of social services, or other welfare office for child support assistance in 2001.

Participation in public assistance programs by custodial parents fell from 40.7 to 28.4 percent between 1993 and 2001. While the rate of program participation for custodial mothers decreased from 45.2 percent to 31.0 percent during that time, it was still about double that of custodial fathers in 2001 (14.9 percent).

More Statistics on Child Support and Child Custody

In 2002, an estimated 13.4 million parents had custody of 21.5 million children under 21 years of age whose other parent lived somewhere else. About 5 of every 6 custodial parents were mothers (84.4 percent) and 1 in 6 were fathers (15.6 percent).

In 2002, 27.6 percent of all children under 21 living in families had a parent not living in the home.

Of the 13.4 million custodial parents in April 2002:

7.9 million custodial parents had some type of support agreement or award for their children, and

5.5 million custodial parents had no child support agreements.

About 63.0 percent of custodial mothers and 38.6 percent of fathers had child support agreed or awarded to them.

Among these parents who were due support in 2001, 73.9 percent received at least some payments directly from the non-custodial parent.

About 58.9 percent of the 7.9 million child support agreements in 2001 had provisions for health insurance for the children.

Characteristics of Custodial Mothers. About 31.2 percent of custodial mothers have never been married. The remaining ever-married mothers included 43.7 percent who were divorced or separated and 25.1 percent who were currently married or widowed.

Characteristics of Custodial Father. The majority of custodial fathers were divorced or separated (56.2 percent), while 24.5 percent were currently married or widowed and 20.3 percent had never been married.

Read the Entire Report: Custodial Mothers and Fathers and Their Child Support [PDF]

From the U.S. Census Bureau

How to Stop Being Jealous

2008-08-26T07:11:00.000-07:00

How to Stop Being Jealous

from wikiHow - The How to Manual That You Can Edit

"Love is not jealous, ... does not look for its own interests, does not become provoked."
1 Corinthians 13:4

Jealousy is when you react negatively towards someone else having what you want, whether it's money, love, success, or the attention of someone you care about. It's an unhealthy habit that can make any kind of relationship crumble; if you're a jealous person, you've probably already seen how much damage it can do. But at the core of jealousy are some fears and expectations that are hard to shake, unless you make a conscious effort to cast them away.

Steps

Observe what triggers your jealousy. Certain situations will trigger an image or possibility in your mind that you dread. What are the images and possibilities that pop into your head when jealousy strikes?
- romantic partner interacting with others (co-worker, ex, friend, etc.) - fear of partner cheating with someone who is "better" than you in some way
- child seeming to prefer the company of another adult - insecurity about whether you're doing a good job as a parent
- parent paying attention to their new partner - fear that the parent will not spend any time with you anymore
- friend spending time with other people - fear that the friend will prefer the other people and will not want to spend time with you anymore
- someone else (stranger, co-worker, friend) having good fortune (winning the lottery, getting married, getting pregnant, getting a promotion) - insecurity over unmet expectations
Bite your tongue. When you feel jealousy taking over, don't react in a destructive way. Don't accuse, don't give the silent treatment, don't roll your eyes, and don't show any signs of displeasure. Try to do the opposite of what a jealous person would do. If a friend is going to spend time with someone else, for example, recommend a good movie or restaurant. If your partner is talking to someone else, leave them be. Do what a completely trusting person would do in your shoes, even if it makes you feel crazy. Jealous behavior can bring any kind of relationship to its knees, so nip it in the bud.
Recognize that jealousy is a self-fulfilling prophecy. When you behave jealously, you don't respond to someone's behavior--you respond to what you believe someone's behavior implies. In other words, you're reacting to a scenario in your mind that you fear, but that hasn't happened yet, and might not happen at all. By playing with another adult, for example, your child isn't doing something inherently wrong. Neither is your friend who's marrying the person they love, or your partner who calls to offer condolences to their ex whose mother just died. But your negative reaction to what you believe their behavior implies (that someone else is somehow better than you) will make the person feel defensive and paranoid, because they're being accused of doing something bad. The more defensive and paranoid they get, the more suspicious and jealous you get. It's a vicious cycle that's difficult to reverse.
Build self confidence. Jealousy is usually a by-product of insecurity and low self-esteem. Whether you feel bad about yourself because others have something you don't, or you have a deep-rooted fear of abandonment that someone will leave you because you're "not good enough," you need to learn that other people's behavior and lives are not a reflection on you. Confident people know that even when they are rejected or ridiculed, it's not always because they failed; sometimes people are just short-sighted. And even if they do fail, it doesn't reduce their worth; it simply means they need to learn something new.
Stop comparing yourself to other people. Some people seem to have it all, but be realistic--does anyone really lead a problem-free life? They might seem to lead a comfortable life (as many wealthy people do) but it's not always a fulfilling life. And even beautiful, successful celebrities have emotional breakdowns, get cheated on, struggle with addictions, get arrested, and lose their fortunes. Make friends with someone who you think has it all--sincerely take an interest in their lives--and you'll eventually discover that they have their hidden struggles. And if you do find someone who really does seem to have it all together, don't feel threatened by them. Learn from them. Be happy for them.
Stop feeling entitled to all of a person's time. If you get jealous when you see someone you care about interacting with or spending time with someone other than you, then you need to consider "How much of this person's time do I really want?" It's understandable if you want to spend a certain amount of quality time with your partner, child, parent, or friend. If they're not spending any time with you, then your concerns are valid. But if they spend a good deal of time with you but you never feel like it's enough, and deep down you'd prefer it if you were together all the time, then it's not healthy. Find other activities, and other people to do them with, to fill your time.
Trust. If you get jealous easily, you've probably had your trust broken. Most of the time, the trust was broken in the past, and you inadvertently project your fear of being hurt again onto someone else. The question you need to ask yourself is whether this person (the person who you worry will hurt you) has ever done anything to break your trust in the past. If the answer is no, then it's important to give them credit for that, and not treat him or her like a criminal. If the person has broken your trust in the past, then it's time to forgive, or else jealousy will ruin the relationship. Period.
- In a relationship, boundaries need to be set so you both know what's appropriate and what's not in terms of interacting with other people. This is a difficult subject for many couples, but addressing it will prevent arguments down the line. Ask your partner where they draw the line (flirting? kiss on the cheek? peck on the lips? shoulder massage? dancing?) and see if it matches up with yours. If not, talk it over until you can find common ground.
Be positive. Ultimately, jealousy is a fear-based behavior. You're spending a lot of time worrying about something bad that hasn't happened yet, and might not happen at all. In doing so, you're increasing the likelihood of bad things happening by fostering suspicion and distrust. Try to focus on the positive, instead. Be thankful for what you have. And remember that if someone is going to hurt you, there's nothing you can do to stop it anyway. No amount of nagging, monitoring, accusation, snooping, or guarding will prevent you from being hurt. If you believe in someone, believe in them completely; give them all your trust. The benefit of the doubt is essential for any relationship to work. And if you really don't trust them, if you really feel that the person is weak, deceptive, or otherwise untrustworthy, then don't associate with them. You deserve better.

Tips

Always examine your jealous thoughts for a sense of entitlement. Whatever it is that someone is getting and you're not (thus sparking jealousy) is something that you feel entitled to; something that you feel is rightfully yours. Instead of trying to convince someone (through jealous behavior) that they should give you what you want, think of ways you can earn it. Focus on being a good person.
Don't act upset that someone spends time with someone else, even if you are- focus on having a good time with them instead. The best way to make someone spend even more time away from you is to act jealous- when you're being angry, snarky or sarcastic because someone is infringing on /your/ relationship, you're not only not fun to be around, you're making the person feel that you think you own them.

Warnings

Overcoming jealousy will take time. Be patient with yourself.
Never let your feelings of jealousy push you to abuse someone, verbally or physically.
Be aware of when your jealousy stems from legitimate feelings and concerns. Sometimes jealousy is warranted. This article implies that if you are jealous that it stems from insecurity and not from fault on anyone else's behalf. However, not all partners have a good sense of boundaries. In some instances where this is true - it is truly vital that you question your partner's judgment and in whom he/she places trust. In this process you are trusting your instincts and thus protecting yourself. There is ABSOLUTELY no fault in that.

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Sources and Citations

Article provided by wikiHow, a collaborative writing project to build the world's largest, highest quality how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Stop Being Jealous. All content on wikiHow can be shared under a Creative Commons license.

California - Section 707(b) of the Welfare & Institutions Code

2008-08-25T17:20:00.000-07:00

See Related Blog: California Family Law - Juvenile Court - Nevada County

707 (b). Subdivision (c) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses: (As proscribed by the California Penal Code, Health and Safety Code)

(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3) Robbery.
(4) Rape with force, violence, or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) Lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8) Any offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purpose of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) Any offense described in Section 1203.09 of the Penal Code.
(17) Any offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) Any felony offense in which the minor personally used a weapon listed in subdivision (a) of Section 12020 of the Penal Code.
(19) Any felony offense described in Section 136.1 or 137 of the Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more of any salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21) Any violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which would also constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from any county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 where great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23) Torture as described in Sections 206 and 206.1 of the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27) Kidnapping, as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 12034 of the Penal Code.
(29) The offense described in Section 12308 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.

California Family Law - Juvenile Court - Nevada County

2008-08-23T16:51:00.000-07:00

See Related Blog: California-Section-707(b) of the Welfare & Institutions Code

The Family Profile of a Drug-Abusing Adolescent

Research shows that many adolescent behavior problems have common causes and that families, in particular, play a large role in those problems in many cases (Szapocznik and Coatsworth 1999). Some of the family problems that have been identified as linked to adolescent problem behaviors include:

Parental drug use or other antisocial behavior;
Parental under- or over-involvement with the adolescent;
Parental over- or under-control of the adolescent;
Poor quality of parent-adolescent communication;
Lack of clear rules and consequences for adolescent behavior;
Inconsistent application of rules and consequences for adolescent behavior;
Inadequate monitoring and management of the adolescent's activities with peers;
Lack of adult supervision of the adolescent's activities with peers;
Poor adolescent bonding to family; and
Poor family cohesiveness.

Some adolescents may have families who had these problems before they began using drugs (Szapocznik and Coatsworth 1999). Other families may have developed problems in response to the adolescent's problem behaviors (Santisteban et al. in press).

Because family problems are an integral part of the profile of drugabusing adolescents and have been linked to the initiation and maintenance of adolescent drug use, it is necessary to improve conditions in the youth's most lasting and influential environment: the family.

JUVENILE DRUG COURT

The Nevada County Juvenile Drug Court was implemented in 2001 to promote public safety and contribute to a reduction in substance abuse and recidivism among nonviolent juvenile offenders. The Drug Court is an intensive treatment program designed to evaluate, treat and monitor participants that come within the provisions of Sections 601 and 602 of the California Welfare and Institutions Code. The Court actively supports recovery through coordinated, comprehensive and appropriate substance abuse treatment services, as well as ancillary services to the participants and their families. Drug Court affords youth an opportunity to exit the revolving door of the justice system as healthy and law-abiding members of the community. Successful completion of the Juvenile Drug Court Program may result in dismissal of the juvenile's charges, early termination of wardship or probation and a recommendation that the juvenile's file be sealed when he or she turns 18.

Information Sheet and Eligibility Criteria

Juvenile Drug Court is a voluntary program for persons under the age of 18 who have a drug/alcohol problem and want help for that problem. Clients may be eligible if they:

Have committed a crime which has drugs or alcohol involved;
Have a history of drug or alcohol abuse;
Are at risk for out-of-home placement due to substance abuse;
Have no serious sex offenses;
Have no pending Welfare & Institutions Code Section 707(b) offenses; and
Have no extensive history of serious or violent felony crimes.

The program consists of case-managed substance abuse treatment, counseling, ancillary services (education, health, employment) and witnessed urine testing. Clients may be required to return to Court every week, but generally it will be every other week. The testing and counseling requirement may decrease as clients gain recovery. Clients are required to attend self-help meetings (i.e. Alcoholics Anonymous, Narcotics Anonymous and other selected sobriety activities).

Parent/guardians/adult mentor cooperation and participation is also required. The adults are expected to attend Drug Court and comply with the recommendations of the Team.

Conditions for graduation from the Juvenile Drug Court Program include:

1. Successful completion of required substance abuse treatment modalities
2. Successful completion of other therapeutic requirements and activities
3. Attendance at all scheduled Court hearings
4. Clean drug tests
5. Payment of any fees imposed
6. Attendance at school (and place of work, if applicable)

Poor performance in the Juvenile Drug Court Program may result in the requirement that the client enters detoxification, participates in a more intense level of treatment, is incarcerated for specific periods, is extended in the program, or is terminated.

Click here to visit the Superior Court's Home Page.

Legal Dictionary: Family Law

2008-08-20T16:23:00.000-07:00

DEFINITION

Family Law is the legal specialty, sometimes also called Domestic Relations, concerned with legal issues such as adoption, divorce, legal separation, marriage, paternity, custody and child support.

The Supreme Court has held that all individuals have the fundamental right to marry, as guaranteed by the Due Process clause of the Fourteenth Amendment. The states have the right to determine reasonable formal requirements -- such as licensing, age and legal capacity -- in order for the marriage to be sanctioned by the state.

There are three types of legal remedies available to a spouse who desires to end a marital relationship: annulment, legal separation and divorce. If there are children of the marriage, an agreement must be reached as to the living arrangements and financial support of minor children. In resolving issues of custody, courts look only to the "best interest of the child."

BUZZWORDS

Adoption - Legal process pursuant to state statute in which a child's legal rights and duties toward his natural parents are terminated and similar rights and duties toward his adoptive parents are substituted.

Alimony - Monetary support that husband or wife pays the other spouse by court order for maintenance while they are separated or after they are divorced.

Annulment - To nullify, abolish and make void by competent authority. An annulment differs from a divorce in that a divorce terminates a marriage, whereas an annulment establishes that a marriage never existed.

Child Support - The legal obligation of parents to contribute to the economic maintenance of their children. In a dissolution or custody action, money paid by one parent to another toward the expenses of the children.

Community Property - Property owned in common by husband and wife, each having an undivided one-half interest by reason of their marital status.

Custody - In Family Law, the control and maintenance of a child awarded by the court to the parents in a divorce or separation proceeding.

Divorce - A legal decree by the court that totally dissolves the marital relationship between husband and wife.

Guardian - A person lawfully invested with the power, and charged with the duty, of taking care and managing the property of another who is incapable of administering his or her own affairs.

Guardianship - A legal arrangement under which one person (a guardian) has the legal right and duty to care for another (the ward) and his or her property. A guardianship is established because of the ward's inability to legally act on his or her own behalf.

Legal Separation - The living apart of husband and wife, in which support and maintenance are detailed in a document issued by the court.

Marital Property - Property purchased or accumulated by spouses that is divided on dissolution of the marriage.

PRACTICE AREA NOTES

Most Family Law attorneys handle separation, divorce and child custody matters in Family Court. Many are solo practitioners. Most firms, large or small, have at least one attorney who handles Domestic Relations matters.

Family Law attorneys are usually paid a retainer to start the case, and then bill an hourly rate when the retainer is exhausted.

Because of no-fault divorce statutes, divorce cases usually go to trial only when a financial settlement cannot be reached between the parties or when there is a custody issue that cannot be resolved.

There is a current trend in Family Law to mediate an agreement between the parties, thus avoiding a costly trial. Mediation can occur when a neutral third party, usually an attorney, assists the couple in reaching an amicable agreement. Some Family Law practices also include mediation services.

OREGON - OPTIONAL STATEWIDE FAMILY LAW FORMS - New and Revised Forms -

2008-08-16T16:42:00.000-07:00

The Office of State Court Administrator has prepared family law forms for optional use by local courts. IMPORTANT: Self-represented litigants should check with their local courts and facilitators to find out whether the court in their county will accept the use of these forms and to find out what the filing fee is. If you cannot find the form you are looking for on this website or at your local court, click to get more information about where else to look.

IMPORTANT! If your case involves complicated legal issues, you may seriously harm your legal rights if you use these forms without consulting with a lawyer. You are strongly urged to talk to a lawyer. You may find a lawyer by calling the Oregon State Bar's Lawyer Referral Service and Modest Means program at 1.800.452.7636. You may also contact your local legal aid office. For more information about legal services and information, visit the Oregon State Bar's website at www.osbar.org.

Downloading the Forms: Forms available for download are in Portable Document Format (PDF). You need a PDF viewer or reader to open those files. Adobe offers a free Adobe Acrobat Reader, which works with Windows and Macintosh operating systems. You can download it from the Adobe website. Adobe also provides free PDF tools for the visually impaired.

Download free Adobe Acrobat Reader now.

How To Select The Forms You Need: A brief description about each of the form packets is contained in this file Forms for Family Law Cases (Rev 4/08). This may be helpful to you in selecting which packet to use. Click on the links below for the actual forms in each packet.

Searching the Forms: You may search the forms using the "Search" function above, restricting the search to "www.ojd.state.or.us", not the entire World Wide Web (WWW). Type in a descriptive word or phrase generally describing the form you need. For example, if you are looking for forms to keep your child's schedule as it currently exists during the pendency of your case, you may type in the words "status quo" and a number of possible links will be provided.

COMPLETE LIST OF FORMS: Complete list of all available forms in each packet (Rev 4/08).

(ALL FORMS REVISED IN 2008)

Information and Packet 1 - Dissolution of Marriage
Information and Packet 2 - Legal Separation
Information and Packet 3 - Unmarried Parents (establishing
custody, parenting time and child support)
Information and Packet 4 - Modification of Judgments
Information and Packet 5 - Enforcement of Custody and Parenting
Time Orders
Information and Packet 6 - Miscellaneous Forms
Information and Packet 7 - Pending
Information and Packet 8 - Non-Disclosure of Personal Identifying Information
Information and Packet 9 - Co-Petitioners
Information and Packet 10 - Waiver/Deferral of Fees and/or Costs
Information and Packet 11 - Change of Venue/Transfer of Case
Information and Packet 12 - Correcting Clerical Error in Judgment and Amending Money Judgment/Money Award
Information and Packet 13- Pending
Information and Packet 14 - Governing Child Support Judgments
Information and Packet 15- Pending
Information and Packet 16 - "Immediate Danger" Temporary Custody or Parenting Time
Information and Packet 17- Annulment
Information and Packet 18- Dismissal of Case (before judgment)
Information and Packet 19- Contempt

FILING THE FORMS WITH YOUR LOCAL COURT:

You should take your completed forms to the court for filing. Some counties have facilitators available to help self-represented litigants complete the forms correctly. Courts charge a fee to file most documents with the court. To find out whether your court has a facilitator to assist you and to find out what the filing fee is, contact the clerk of your local court.

California Protective Orders Laws

2008-08-15T12:16:00.000-07:00

California Statutory Code Section: Family Code Section 6240, et seq.; Section 6320, et seq.; and Penal Code Section 273.6.

Activity Addressed by Order:

1. Enjoining contact;
2. excluding from dwelling;
3. enjoining specific behavior;
4. regarding minor child;
5. custody;
6. visitations.

Penal code: any person who has domestic abuse perpetrated against him/her as shown by affidavit of reasonable proof.

Duration of Order Emergency order:

1. The earlier of the close of the 5th business day after issuance, or seven (7) calendar days; and

2. three (3) year maximum unless extended by court or parties stipulate to permanent order.

Penalty for a Violation of Order:

1. One (1) year and/or One-Thousand ($1,000);

2. with physical injury, Two-Thousand dollars ($2,000) or thirty (30) days to One(1) year in jail or both;

3. subsequent conviction: Two-Thousand dollars ($2,000), six (6) months- One (1) year in jail, or both, or state imprisonment.

Who May Apply for Order Spouse:

1. cohabitant;
2. fiancé/fiancee;
3. parent of one's child; and
4. blood relations.

Can Fees Be Waived? Check with court and/or attorney.

Order Transmission to Law Enforcement:

By the close of business on day of issuance. The local law enforcement agency must notify Department of Justice for domestic violence protective order registry.

Civil Liability for Violation of Order: Consult with an attorney and/or legal aid society.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

Same Sex Marriage in the United States

2008-08-14T08:01:00.000-07:00

Alabama: According to Section 30-1-19 aka The Alabama Marriage Protection Act, "A marriage contracted between individuals of the same sex is invalid in this state ... The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued."

Alaska: Has official registry for same-sex couples, DOMA enacted into state law, and a constitutional amendment banning same-sex marriage.

Arizona: Has law (DOMA) banning same-sex marriages.

Arkansas: Has law banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

California: Has official registry for same-sex couples and law banning same-sex marriage. However on 5/15/08 the California Supreme Court ruled that "the right to marry in California extends equally to all, gay and straight alike." Voters are voting on the issue in November 2008.

Colorado: Has law (DOMA) banning same-sex marriages.

Connecticut: Does not have law banning same-sex marriages per se, but the state adoption statute does refer to marriage as being between a man and a woman.

Delaware: Has law (DOMA) banning same-sex marriages.

District of Columbia: Has official registry for same-sex couples.

Florida: Has law (DOMA) banning same-sex marriages.

Georgia: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

Hawaii: Has constitutional law banning same-sex marriages. Also has domestic-partnership laws that provide certain legal rights to gay relationships.

Idaho: Has law (DOMA) banning same-sex marriages.

Illinois: Has law (DOMA) banning same-sex marriages.

Indiana: Has law (DOMA) banning same-sex marriages.

Iowa: Has law (DOMA) banning same-sex marriages.

Kansas: Has law (DOMA) banning same-sex marriages.

Kentucky: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

Louisiana: Has both a state law (DOMA) and a constitutional amendment banning same-sex marriages.

Maine: Has law (DOMA) banning same-sex marriages but also offers some legal protection to couples registered as domestic partners.

Maryland: Maryland has a 33-year-old state law defining marriage as a union between a man and woman. It was upheld by the Maryland Court of appeals in September 2007.

Massachusetts: Has court ruling that strikes down any ban on same-sex marriages. However, out of state gay residents may find it difficult to get married in Massachusetts.

Michigan: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

Minnesota: Has law (DOMA) banning same-sex marriages.

Mississippi: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

Missouri: Has both a law (DOMA) and a constitutional amendment banning same-sex marriages.

Montana: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment defining marriage as the union of a man and a woman.

Nebraska: Has constitutional law (DOMA) banning same-sex marriages.

Nevada: Has constitutional law (DOMA) banning same-sex marriages.

New Hampshire: Has law banning same-sex marriages. Effective January 1, 2008, same-sex civil unions will be allowed in New Hampshire.

New Jersey: Does not have law banning same-sex marriages. Same-sex civil unions are allowed in New Jersey.

New Mexico: Does not have law banning same-sex marriages.

New York: Does not have law banning same-sex marriages.

North Carolina: Has law (DOMA) banning same-sex marriages.

North Dakota: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

Ohio: Has law (DOMA) banning same-sex marriages, and and in November, 2004, passed a constitutional amendment defining marriage as a union between one man and one woman.

Oklahoma: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

Oregon: In November, 2004, voters passed Measure 36 defining marriage as between one man and one woman. This puts the marriages in Multnomah County of 2,961 gay couples into limbo. In the past, the court had issued requirements that gay-marriage licenses be registered.

As of January 1, 2008, residents of Oregon can register for domestic partnerships and receive all the rights, benefits, privileges and immunities that are given to married couples in Oregon.

Oregon Domestic Partnership Information

Pennsylvania: Has law (DOMA) banning same-sex marriages.

Rhode Island: Does not have law banning same-sex marriages.

South Carolina: Has law (DOMA) banning same-sex marriages.

South Dakota: Has law (DOMA) banning same-sex marriages.

Tennessee: Has law (DOMA) banning same-sex marriages.

Texas: Has law (DOMA) banning same-sex marriages.

Utah: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

Vermont: Has law that legalizes and recognizes same-sex civil unions.

Virginia: Has law (DOMA) banning same-sex marriages.

Washington: Has law (DOMA) banning same-sex marriages, but does give gay couples some rights normally given to married couples.

West Virginia: Has law (DOMA) banning same-sex marriages.

Wisconsin: Has law banning same-sex marriages.

Wyoming: Has law banning same-sex marriages.

How do I locate a missing parent so I can enforce a child support order?

2008-08-10T08:29:00.000-07:00

Many states have a parent locator service. Call your state's support enforcement agency and ask about the parent locator service. If they are not able to help you, you can often locate a missing parent if you know what state he or she resides in simply by asking for a search of the motor vehicle records for that state. Also, don't forget the simple method of simply calling information (555-1212) for the area where you last knew the payor parent to reside; many, many "missing" persons have been found that way! Also, don't forget to ask friends or relatives of the payor parent, since many people will give up information about a missing parent because the missing parent has failed to pay child support. If all else fails, a private detective can be asked to conduct a search. Often, they can quickly and fairly cheaply locate a person simply using computer searches. However, private investigation can get expensive.

Is Common Law Marriage Legal?

2008-08-10T08:04:00.000-07:00

In a "common law marriage," you are considered legally married -- despite not having a marriage license, a ceremony, or a marriage certificate -- if your state recognizes common law marriages, and you meet certain state law requirements. (Note: The majority of states do not recognize common law marriage.) Click on the links below for information on common law marriages.

Common-law Marriages
In times past, particularly the frontier days, it was common for states to consider a woman and man to be married if they lived together for a certain length of time, had sexual intercourse, and held themselves out as husband and wife, even though they never went through a marriage ceremony. Such a marriage was often called a common-law marriage.

Today, approximately three-quarters of the states no longer recognize common-law marriages. The remaining states recognize common-law marriages, but with significant restrictions. In order for there to be a legal common-law marriage (in the states that recognize them), the couple must: have the capacity to marry; regard themselves as husband and wife; live together; and clearly represent themselves to others as being husband and wife. A couple may represent themselves to be husband and wife by their words to others, by filling out joint tax returns, or by completing other forms which identify the couple as being married. Merely living together is not enough to create a common law marriage.

States that recognize common law marriage

Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania (if created before 1/1/2005)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.

If a common-law marriage is valid, the partners have the same rights and duties as if there had been a ceremonial marriage. An interesting problem occurs if a couple had a valid common-law marriage in a state that recognizes common-law marriages, but then moved to a state that does not recognize common-law marriages. Would the marriage still be valid? Under principles of conflict of laws, the answer usually would be “yes.” Conflict of laws principles generally state that if a contract (in this case a marriage agreement) is valid in the place in which it was created, it will be treated as valid in a state to which the parties move, even though the parties could not have entered into such an agreement in the new state.

A common-law marriage that is legal may end only with a formal divorce. There is not a United States counterpart to the tradition in Muslim law that allows a divorce to be accomplished by one party to the marriage--in Muslim law, that’s the husband--pronouncing the “Talaq”: “I divorce thee. I divorce thee. I divorce thee.”

How do I File a Complaint against my Lawyer?

2008-08-09T09:12:00.000-07:00

«•May 17, 2010•»

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State Bars

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Attorney Complaints?

To file a complaint against your Lawyer, contact the office listed below in the State the Lawyer is licensed to practice in. Visit the website of any bar association by clicking on the link(s) below. The names of some of the Attorneys listed below may have changed, however the process remains the same.

Last Updated: May 17, 2010

ALABAMA

J. Anthony McLain, Gen. Counsel (Subject to Change)
Alabama State Bar - Center for Professional Responsibility
415 Dexter Avenue - Montgomery, AL 36104
Phone: 334/269-1515 - FAX: 334/261-6311
Website: www.alabar.org

ALASKA

Stephen J. Van Goor, Bar Counsel (Subject to Change)
Alaska Bar Association
Post Office Box 100279 - Anchorage, AK 99510-0279
Phone: 907/272-7469 - FAX: 907/272-2932
Website: www.alaskabar.org

ARIZONA

Robert B. Van Wyck, Chief Bar Counsel (Subject to Change)
State Bar of Arizona
4201 North 24th Street, Suite 200 - Phoenix, AZ 85016-6288
Phone: 602/252-4804 - FAX: 602/271-4930
Website: www.azbar.org

ARKANSAS

Stark Ligon, Chief Disciplinary Counsel (Subject to Change)
625 Marshall, Room 110 - Little Rock, AR 72201-1054
Phone: 1-800/506-6631; or 501/376-0313 - FAX: 501/376-3438
Website: http://courts.arkansas.gov/professional-conduct

CALIFORNIA

Scott J. Drexel, Chief Trial Counsel (Subject to Change)
State Bar of California - Los Angeles
1149 South Hill Street, 10th Floor - Los Angeles, CA 90015-2299
Phone: 213/765-1468 - FAX: 213/765-1029

State Bar of California - San Francisco
180 Howard Street, 6th Floor - San Francisco, CA 94105-1639
Phone: 415/538-2063 - FAX: 415/538-2214
Website: www.calbar.ca.gov

COLORADO

John S. Gleason, Office of Attorney Regulation Counsel (Subject to Change)
1560 Broadway, Suite 1800 - Denver, CO 80202
Phone: 303/866-6577 - FAX: 303/893-5302
Website: www.coloradosupremecourt.com

CONNECTICUT

Mark A. Dubois, Chief Disciplinary Counsel (Subject to Change)
Statewide Grievance Committee
100 Washington Street - Hartford, CT 06106
Phone: 860/706-5055 - FAX: 860/706-5063
Website: www.jud.ct.gov

DELAWARE

Andrea L. Rocanelli, Chief Disciplinary Counsel (Subject to Change)
Delaware Office of Disciplinary Counsel
820 North French Street, 11th Floor - Wilmington, DE 19801
Phone: 302/577-7042 - FAX: 302/577-7048
Website: courts.delaware.gov/odc

DISTRICT OF COLUMBIA

Wallace E. Shipp, Jr., Bar Counsel (Subject to Change)
District of Columbia - Office of Bar Counsel
515 5th Street, NW, Building A, Room 117 - Washington, DC 20001
Phone: 202/638-1501 - FAX: 202/638-0862
Website: www.dcbar.org

FLORIDA

Kenneth L. Marvin, Director (Subject to Change)
The Florida Bar - Lawyer Regulation
651 East Jefferson Street - Tallahassee, FL 32399-2300
Phone: 866/352-0707; or 850/561-5776 (in state) - FAX: 850/561-5665
Website: www.flabar.org

GEORGIA

William P. Smith, III., Gen. Counsel (Subject to Change)
State Bar of Georgia
104 Marietta Street, NW, Suite 100 - Atlanta, GA 30303
Phone: 404/527-8720; or 1-800/334-6865 x720 - FAX: 404/527-8744
Website: www.gabar.org

HAWAII

Carole R. Richelieu, Chief Disciplinary Counsel (Subject to Change)
Supreme Court of Hawaii - Office of Disciplinary Counsel
1132 Bishop Street, Suite 300 - Honolulu, HI 96813
Phone: 808/521-4591
Website: www.courts.state.hi.us

IDAHO

Bradley G. Andrews, Bar Counsel (Subject to Change)
Idaho State Bar
Post Office Box 895 - Boise, ID 83701
Phone: 208/334-4500 - FAX: 208/334-2764
Website: www.idaho.gov/isb

ILLINOIS

CHICAGO AND NORTHERN ILLINOIS

Jerome E. Larkin, Administrator (Subject to Change)
Illinois Attorney Registration and Disciplinary Commission
130 East Randolph Street, Suite 1500 - Chicago, IL 60601-6219
Phone: 312/565-2600; or 800/826-8625 - FAX: 312/565-2320
Website: www.iardc.org

CENTRAL AND SOUTHERN ILLINOIS

Illinois Attorney Registration and Disciplinary Commission
700 East Adams Street - Springfield, IL 62701-1625
Phone: 217/522-6838; or 800/252-8048 - FAX: 217/522-2417

INDIANA

Donald R. Lundberg, Executive Secretary (Subject to Change)
Indiana Supreme Court Disciplinary Commission
30 South Meridian Street, Suite 850 - Indianapolis, IN 46204
Phone: 317/232-1807 - FAX: 317/233-0261
Website: www.in.gov/judiciary/discipline/

IOWA

Charles L. Harrington, Administrator (Subject to Change)
Iowa Supreme Court Attorney Disciplinary Board
1111 East Court Avenue - Des Moines, IA 50319
Phone: 515/725-8019 - FAX: 515/725-8013
Website: www.judicial.state.ia.us

KANSAS

Stanton A. Hazlett, Disciplinary Administrator (Subject to Change)
Supreme Court of Kansas
701 SW Jackson, 1st Floor - Topeka, KS 66603
785/296-2486 - FAX: 785/296-6049
Website: www.kscourts.org/attydisc

KENTUCKY

Linda A. Gosnell, Chief Bar Counsel (Subject to Change)
Kentucky Bar Association
514 West Main Street - Frankfort, KY 40601-1883
Phone: 502/564-3795 - FAX: 502/564-3225
Website: www.kybar.org

LOUISIANA

Charles B. Plattsmier, Chief Disciplinary Counsel (Subject to Change)
Office of the Disciplinary Counsel
4000 S. Sherwood Forest Boulevard, Suite 607 - Baton Rouge, LA 70816
Phone: 800/326-8022; or 225/293-3900 (in state) - FAX: 225/293-3300
Website: www.ladb.org

MAINE

J. Scott Davis, Bar Counsel
Maine Board of Overseers of the Bar
Post Office Box 527 - 97 Winthrop Street - Augusta, ME 04332-0527
Phone: 207/623-1121 - FAX: 207/623-4175
Website: www.mebaroverseers.org

MARYLAND

Melvin Hirshman, Bar Counsel (Subject to Change)
Attorney Grievance Commission of Maryland
100 Community Place, Suite 3301 - Crownsville, MD 21032-2027
Phone: 410/514-7051 - FAX: 410/987-4690
Website: www.courts.state.md.us/attygrievance/index.html

MASSACHUSETTS

Constance V. Vecchione, Bar Counsel (Subject to Change)
Office of the Bar Counsel
99 High Street - Boston, MA 02110
Phone: 617/728-8750 - FAX: 617/482-2992
Website: www.mass.gov/obcbbo

MICHIGAN

Robert L. Agacinski, Grievance Administrator (Subject to Change)
Michigan Attorney Grievance Commission
243 West Congress, Suite 256 - Detroit, MI 48226-3259
Phone: 313/961-6585 - FAX: 313/961-5819
Website: www.agcmi.com

John F. Van Bolt, Executive Director (Subject to Change)
Attorney Disciplinary Board
211 West Fort Street, Suite 1410 - Detroit, MI 48226-3236
Phone: 313/963-5553 - FAX: 313/963-5571
Website: www.adbmich.org

MINNESOTA

Martin A. Cole, Director (Subject to Change)
Minnesota Office of Professional Responsibility
1500 Landmark Towers, 345 St. Peter Street - St. Paul, MN 55102-1218
Phone: 800/657-3601 ; or 651/296-3952 (in state) - FAX: 651/297-5801
Website: www.courts.state.mn.us/lprb

MISSISSIPPI

Adam Kilgore, General Counsel (Subject to Change)
Mississippi State Bar
643 North State Street - Jackson, MS 39202
Phone: 601/948-0568 - FAX: 601/355-8635
Website: www.msbar.org

MISSOURI

Alan Pratzel, Chief Disciplinary Counsel (Subject to Change)
Missouri Supreme Court - Office of Chief Disciplinary Counsel
3335 American Avenue - Jefferson City, MO 65109-1079
Phone: 573/635-7400 - FAX: 573/635-2240
Website: www.mochiefcounsel.org

MONTANA

Shaun R. Thompson, Disciplinary Counsel (Subject to Change)
Post Office Box 1099 - Helena, MT 59624
Phone: 406/442-1648 - FAX: 406/442-2685
Website: www.montanaodc.org

NEBRASKA

Dennis G. Carlson, Counsel for Discipline (Subject to Change)
Nebraska Supreme Court
3808 Normal Boulevard - Lincoln, NE 68506
Phone: 402/471-1040 - FAX: 402/471-1014
Website: www.supremecourt.ne.gov

NEVADA

Rob W. Bare, Bar Counsel (Subject to Change)
State Bar of Nevada
600 East Charleston Boulevard - Las Vegas, NV 89104
Phone: 800/254-2797; or 702/382-2200 (in state) - FAX: 702/382-8747
Website: www.nvbar.org

NEW HAMPSHIRE

Landya B. McCafferty, Disciplinary Counsel (Subject to Change)
New Hampshire Supreme Court Attorney Discipline Office
4 Chenell Drive, Suite 102 - Concord, NH 03301
Phone: 603/224-6942 - FAX: 603/228-9511
Website: www.nhbar.org/for-the-public/dispute.asp

NEW JERSEY

David E. Johnson, Jr., Director (Subject to Change)
Supreme Court of New Jersey - Office of Attorney Ethics
Post Office Box 963 - 840 Bear Tavern Road - Trenton, NJ 08625
Phone: 609/530-4008 - FAX: 609/530-5238
Website: www.Judiciary.state.nj.us

NEW MEXICO

Virginia L. Ferrara, Chief Disciplinary Counsel (Subject to Change)
Disciplinary Board of the Supreme Court of New Mexico
400 Gold SW, Suite 800 - Albuquerque, NM 87102-3261
Phone: 505/842-5781 - FAX: 505/766-6833
Website: www.nmdisboard.org

NEW YORK

NEW YORK CITY: 1st Department

Alan W. Friedberg, Chief Counsel (Subject to Change)
First Judicial Department - Departmental Disciplinary Committee
61 Broadway, 2nd Floor - New York, NY 10006
Phone: 212/401-0800 - FAX: 212/401-0810
Website: www.nysba.org/

NEW YORK CITY: 2nd Department

Diana Maxfield Kearse, Chief Counsel (Subject to Change)
Second Judicial Department - 2nd & 11th Judicial District Grievance Committees
Renaissance Plaza, 335 Adams Street, Suite 2400 - Brooklyn, NY 11201-3745
Phone: 718/923-6300
Website: nycourts.gov/courts/ad2

NEW YORK STATE: 2nd Department

Gary L. Casella, Chief Counsel (Subject to Change)
Second Judicial Department - 9th Judicial District Grievance Committee
399 Knollwood Road, Suite 200 - White Plains, NY 10603
Phone: 914/949-4540 - FAX: 914/949-0997

NEW YORK STATE: 2nd Department

Rita E. Adler, Chief Counsel (Subject to Change)
Second Judicial Department - 10th Judicial District Grievance Committee
150 Motor Parkway, Suite 102 - Hauppauge, NY 11788
Phone: 631/231-3775 - FAX: 631/231-4041

NEW YORK STATE: 3rd Department

Mark S. Ochs, Chief Attorney (Subject to Change)
Third Judicial Department - Committee on Professional Standards
40 Steuben Street, Suite 502 - Albany, NY 12207-2109
Phone: 518/474-8816 - FAX: 518/474-0389
Website: www.courts.state.ny.us/ad3

NEW YORK STATE: 4th Department/5th District

Gregory J. Huether, Chief Counsel (Subject to Change)
Fourth Judicial Department - 5th District Attorney Grievance Committee
224 Harrison Street, Suite 408 - Syracuse, NY 13202-3066
Phone: 315/471-1835 - FAX: 315/479-0123

NEW YORK STATE: 4th Department/7th District

Gregory J. Huether, Chief Counsel (Subject to Change)
Fourth Judicial Department - 7th District Attorney Grievance Committee
50 East Avenue, Suite 404 - Rochester, NY 14604-2206
Phone: 585/530-3180 - FAX: 585/530-3191
Website: www.courts.state.ny.us/ad4

NEW YORK STATE: 4th Department/8th District

Gregory J. Huether, Chief Counsel (Subject to Change)
Fourth Judicial Department - Attorney Grievance Committee
438 Main Street, Suite 800 - Buffalo, NY 14202-3212
Phone: 716/845-3630 - FAX: 716/856-2701

NORTH CAROLINA

Katherine Jean, Counsel (Subject to Change)
North Carolina State Bar
208 Fayetteville Street - PO Box 25908 - Raleigh, NC 27611-5908
Phone: 919/828-4620 - FAX: 919/834-8156
Website: www.ncbar.gov

NORTH DAKOTA

Paul W. Jacobson, Disciplinary Counsel (Subject to Change)
Disciplinary Board of the Supreme Court of North Dakota
Post Office Box 2297 - Bismarck, ND 58502-2297
Phone: 701/328-3925 - FAX: 701/328-3964
Website: www.sband.org/fileComplaint.asp

OHIO

Jonathan E. Coughlan, Disciplinary Counsel (Subject to Change)
Office of the Disciplinary Counsel of the Supreme Court of Ohio
250 Civic Center Drive, Suite 325 - Columbus, OH 43215
Phone: 800/589-5256; or 614/461-0256 (in state) - FAX: 614/461-7205
Website: www.sconet.state.oh.us

Jonathan W. Marshall, Secretary to the Board (Subject to Change)
Board of Commissioners on Grievances and Discipline
65 South Front Street, Fifth Floor - Columbus, OH 43215-3431
Phone: 614/387-9370

IN AKRON: Summit County

Susan Lengal, Executive Director (Subject to Change)
Akron Bar Association
7 West Bowery, Suite 1100 - Akron, OH 44308
Phone:330/253-5007 - FAX: 330/253-2140

IN CINCINNATI: Hamilton County

Edwin W. Patterson III, Bar Counsel (Subject to Change)
Cincinnati Bar Association
225 East 6th Street, 2nd Floor - Cincinnati, OH 45202-3209
Phone: 513/381-8213 - FAX: 513/381-0528

IN CLEVELAND: Cuyahoga County

K. Ann Zimmerman, General Counsel (Subject to Change)
Cleveland Bar Association
1301 East 9th Street, Second Level - Cleveland, OH 44114
Phone: 216/696-3525 - FAX: 216/696-2413

IN COLUMBUS: Franklin County

Bruce A. Campbell, Bar Counsel (Subject to Change)
Columbus Bar Association
175 S. Third Street, Suite 1100 - Columbus, OH 43215-5193
Phone: 614/221-4112 - FAX: 614/221-4850

IN DAYTON: Montgomery County

Chris Albrektson, Assistant Executive Director (Subject to Change)
Dayton Bar Association
109 North Main Street, Suite 600 - Dayton, OH 45402-1129
Phone: 513/222-7902 - FAX: 513/222-1308

IN TOLEDO: Lucas County

Jonathan B. Cherry, Esq., Bar Counsel (Subject to Change)
The Toledo Bar Association
311 N. Superior Street - Toledo, OH 43604
Phone: 419/242-9363 - FAX: 419/242-3614

OKLAHOMA

Dan Murdock, General Counsel (Subject to Change)
Oklahoma Bar Association
1901 North Lincoln Boulevard - Post Office Box 53036 - Oklahoma City, OK 73152
Phone: 405/416-7007 - FAX: 405/416-7003
Website: www.okbar.org

OREGON

Jeffrey D. Sapiro, Disciplinary Counsel (Subject to Change)
Oregon State Bar
Post Office Box 231935 - 5200 SW Meadows Road - Tigard, OR 97281-1935
Phone: 503/620-0222 Ext. 319 - FAX: 503/968-4457
Website: www.osbar.org

PENNSYLVANIA

Paul J. Killion, Chief Disciplinary Counsel (Subject to Change)
200 North Third Street, Suite 1400 - Harrisburg, PA 17101
Phone: 717/783-0990 - FAX: 717/783-4963
Website: www.padb.us

RHODE ISLAND

David D. Curtin, Chief Disciplinary Counsel (Subject to Change)
Disciplinary Board of the Supreme Court of Rhode Island
Fogarty Judicial Annex - 24 Weybosset Street, 2nd Floor - Providence, RI 02903
Phone: 401/222-3270 - FAX: 401/222-1191
Website: www.courts.ri.gov

SOUTH CAROLINA

Lesley M. Coggiola, Disciplinary Counsel (Subject to Change)
Office of Disciplinary Counsel
Post Office Box 12159 - Columbia, SC 29211
Phone: 803/734-2038 - FAX: 803/734-1964
Website: www.scbar.org/public_services/client_assistance_program/

SOUTH DAKOTA

Robert B. Frieberg, Disciplinary Board Counsel (Subject to Change)
Post Office Box 511 - Beresford, SD 57004
Phone: 605/763-2107 - FAX: 605/763-2106
Website: www.sdbar.org

TENNESSEE

Nancy S. Jones, Chief Disciplinary Counsel (Subject to Change)
Board of Professional Responsibility of the Supreme Court of Tennessee
The Oaks Tower, 1101 Kermit Drive, Suite 730 - Nashville, TN 37217
Phone: 615/361-7500; or 1-800/486-5714 - FAX: 615/367-2480
Website: www.tbpr.org

TEXAS

John A. Neal, Chief Disciplinary Counsel (Subject to Change)
State Bar of Texas
Post Office Box 12487 - Austin, TX 78711
Phone: 512/453-5535; or 1-800/204-2222 - FAX: 512/453-6667
Website: www.texasbar.com

UTAH

Billy L. Walker, Senior Counsel (Subject to Change)
Utah State Bar - Office of Professional Conduct
645 South 200 East, Suite 205
Salt Lake City, UT 84111-3834
Phone: 801/531-9110 - FAX: 801/531-9112
Website: www.utahbar.org

VERMONT

Michael Kennedy, Disciplinary Counsel (Subject to Change)
Professional Conduct Board of the Supreme Court of Vermont
32 Cherry Street, Suite 213 - Burlington, VT 05401-7305
Phone: 802/859-3000 - FAX: 802/859-3003
Website: www.vermontjudiciary.org

VIRGINIA

George W. Chabalewski, Bar Counsel (Subject to Change)
Virginia State Bar
Eighth and Main Building - 707 East Main Street, Suite 1500 - Richmond, VA 23219-2800
Phone: 804/775-0500 - FAX: 804/775-0597
Website: www.vsb.org

WASHINGTON

Douglas J. Ende, Chief Disciplinary Counsel (Subject to Change)
Director of the Office of Disciplinary Counsel - Washington State Bar Association
1325 4th Avenue - Suite 600 - Seattle, Washington 98101-2539
Phone: 206-733-5917 - FAX: 206/727-8325
Website: www.wsba.org

WEST VIRGINIA

Rachel L. Fletcher-Cipoletti, Chief Disciplinary Counsel (Subject to Change)
Office of Disciplinary Counsel
2008 Kanawha Boulevard, East - Charleston, WV 25311
Phone: 304/558-7999 - FAX: 304/558-4015
Website: www.wvbar.org

WISCONSIN

Keith L. Sellen, Director (Subject to Change)
Office of Lawyer Regulation
110 East Main Street, Suite 315 - Madison, WI 53703-3383
Phone: 608/267-7274 - FAX: 608/267-1959
Website: www.wicourts.gov/about/organization/offices/olr

WYOMING

Rebecca A. Lewis, Bar Counsel (Subject to Change)
Wyoming State Bar
Post Office Box 109 - 500 Randall Avenue - Cheyenne, WY 82003-0109
Phone: 307/632-9061 - FAX: 307/632-3737
Website: www.wyomingbar.org

OTHER U.S. ENTITIES

U.S. DEPARTMENT OF JUSTICE

H. Marshall Jarrett (Subject to Change)
U.S. Department of Justice - Office of Professional Responsibility
20 Massachusetts Avenue NW., Suite 5100 - Washington, DC 20530
Phone: 202/514-3365 - FAX: 202/514-5050
Website: www.usdoj.gov/opr/

Jennifer J. Barnes, Bar Counsel (Subject to Change)
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2600 - Falls Church, VA 22041
Phone: 703/305-0470 - FAX: 703/305-0443
Website: www.usdoj.gov/eoir/contact.htm

U.S. PATENT & TRADEMARK OFFICE

Harry I. Moatz, Director (Subject to Change)
Office of Enrollment & Discipline
P. O. Box 1450 - 600 Dulany Street #8D69 - Alexandria, VA 22313-4450
Phone: 571-272-4097 - FAX: 703-273-4097
Website:

United States Federal Courts

Complaints regarding lawyers admitted to practice before federal courts (U.S. District Courts, U.S. Courts of Appeals, the Supreme Court of the United States, and all special federal courts) should be directed to the Clerk or the Chief Judge of the particular federal court in which the lawyer is admitted to practice.

U.S. AIR FORCE

Major General Nolan Sklute, Counsel (Subject to Change)
The Judge Advocate General - HQ-USAF/JA
1420 Air Force Pentagon - Washington, DC 20330-1420
Phone: 703/614-5732 - FAX: 703/614-8894
Website:

U.S. ARMY

Lt. Col. Alan Cook (Subject to Change)
Office of the Judge Advocate General, Attn: DAJA-SC
1777 North Kent Street - Rosslyn,VA 22209-2197
Phone: 703/588-6714 - FAX: 703/588-0122
Website:

U.S. COAST GUARD

U.S. Coast Guard
Paul M. Blayney, U.S.C.G., Rear Adm., Commandant (G-L) (Subject to Change)
2100 - 2d Street SW - Washington, DC 20593-0001
Phone: 202/267-1617 - FAX: 202/267-4716
Website:

U.S. MARINES

Brigadier General Michael C. Wholley, U.S.M.C. (Subject to Change)
Staff Judge Advocate to the Commandant of the Marine Corps
Headquarters, U.S. Marine Corps - Washington, DC 20380-1775
Phone: 703/737-1853 - FAX: 703/695-5111
Website:

U.S. NAVY

Director Military Personnel Division (Code 61)
Department of the Navy, OJAG
200 Stovall Street - Alexandria, VA 22332
Phone: 703/325-5830 - FAX: 703/325-9152
Website:

U.S. TERRITORIES AND POSSESSIONS

AMERICAN SAMOA

Roy J.D. Hall, Jr., Counsel (Subject to Change)
American Samoa Bar Association
P.O. Box 2509 - Pago Pago, AS 96799
Phone: 011/684-688-1818 - FAX: 011/684-688-1821
Website:

GUAM

David J. Highsmith, Trial Counsel (Subject to Change)
Guam Bar Ethics Committee
134 Chalan Santo Papa, Suite 204 - Agana, Guam 96910
Phone:
Website:

PUERTO RICO

Domingo Laracuente, President (Subject to Change)
Comision de Etica Profesional
Colegio de Abogados de Puerto Rico - San Juan, PR 00902
Phone: 809/723-6984; or 809/721-3358 - FAX: 809/725-0330

Isabel Llompart-Zeno, Secretary (Subject to Change)
Tribunal Supremo de Puerto Rico - San Juan, PR 00903
Phone: 809/723-6033, ext. 4018 - FAX: 809/722-9177
Website:

Carlos Lugo-Fiol, Acting Solicitor General (Subject to Change)
Department of Justice - Office of the Solicitor General
P.O. Box 192 - San Juan, PR 00902
Phone: 809/724-2165 - FAX: 809/724-3380
Website:

U.S. CANAL ZONE

Betty H. Olchin, Counsel (Subject to Change)
Canal Zone Bar Association - Grievances and Ethics Committee
P.O. Drawer 3665 - Balboa, CANAL ZONE
Phone:
Website:

U.S. VIRGIN ISLANDS

Rhys S. Hodge, Counsel (Subject to Change)
Virgin Islands Bar Association
P.O. Box 6520 - Saint Thomas, VI 00801
Phone: 809/774-6490 - FAX: 809/774-1946
Website:

OTHER COUNTRIES

AUSTRALIA

Steve Mark, Commissioner (Subject to Change)
Office of the Legal Services Commissioner
Box 6, G.P.O. - Sydney NSW 2001
Phone: (02) 9377-1800 - FAX: (02) 9377-1888
Website:

CANADA

Lesley Cameron, Senior Counsel - Discipline (Subject to Change)
Law Society of Upper Canada - Osgoode Hall
130 Queen Street West - Toronto, Ontario, Canada M5H 2N6
Phone: 416/947-3469 - FAX: 416/947-3927
Website:

Todd Follett, Discipline Counsel (Subject to Change)
The Law Society of British Columbia
845 Cambie Street - Vancouver, BC, Canada V6B 4Z9
Phone: 604/669-2533 - FAX: 604/669-5232
Website:

ENGLAND

Peter Ross, Director (Subject to Change)
Office for the Supervision of Solicitors
Victoria Court - 8 Dormer Place - Leamington SPA, Warwickshire, CV 32 5AE UK
Phone: 0196-820082 - FAX: 0196-431435
Website: www.lawsociety.org.uk

FRANCE

Bernard Vatier (Subject to Change)
Paris Bar Association
11, Place Dauphine - 75053 Paris, RP-SP, FRANCE
Phone: (33) 01-44-32-48-48 - FAX: (33) 01-46-34-77-65
Website:

Other Law related Blogs: (Click on Any Link Below)

1. Landlord-Tenant Law

2. Corrupt Justice Officials

3. Lawsuits

4. Real Estate Law

5. Police Brutality

6. Bankruptcy Law

7. Re-Zoo-May (Resume/Employment)

« « « Back to Index

What Questions Should You Ask When You First Meet With A Divorce Lawyer?

2008-08-08T07:52:00.000-07:00

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Attorneys & Family Law

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Contemplating Divorce?

If you are contemplating divorce, you should consult with an experienced family law attorney. Once you set up a consultation, be prepared for the first meeting, and have a list of questions to ask the lawyer. The following questions should help you understand the divorce process, how your lawyer’s office operates, and if the lawyer is a good fit for you and your case.

How experienced are you in family law?

All lawyers have law degrees, but many lawyers practice in several fields other than family law. You don’t want a generalist. Family law is a specialized field, and you will likely be better served by a lawyer who focuses on family law. Make sure that most of their cases are family law cases. Ask the lawyer if they have handled cases like yours before.

What steps are involved in the divorce process?

Your lawyer is there to educate you and guide you through the process. Have the lawyer clearly explain the process to you, from filing the petition, negotiating temporary orders, and the trial process.

How will you charge me?

If you hire the lawyer, you should expect to sign a retainer agreement that covers how you will be charged. Ask about the hourly rate, and how often you will be billed. Ask if you will be charged for time spent with paralegals and other staff in the office, and at what rate. Ask what will happen if you cannot pay your bill in full every month. Ask if you can pay by credit card, and if payment plans are available.

How will we communicate?

Ask your lawyer if they prefer phone contact over email, and how long you should expect to wait for a return call. Is your lawyer tech savvy enough to email you draft documents as PDF files? Is your lawyer’s office set up to scan and email incoming and outgoing correspondence? Do you automatically get a copy? The last three are essential if you live out of state, or a distance from your lawyer’s office.

How long will the process take?

Ask your lawyer about what is their estimate for how long the case will take depending on if you settle quickly, settle after protracted negotiations, or have a trial.

Can you estimate the cost of my divorce?

This is an important question, but a very difficult one to answer. Don’t worry if your lawyer is hesitant to answer. The cost of a divorce depends on what you ask the lawyer to do, the level of conflict between you and your spouse, and the reasonableness of your spouse and their lawyer. Many of the cost factors are outside your control.

What kind of resources do you make available to clients to make the divorce process less difficult and painful?

Divorce is a difficult time, and good lawyers provide information and resources to help deal with the human side of the impact. Does your lawyer provide information about the process for self education? Are they patient with you? Do they offer referrals to other professional services if you request them? Our firm provides information through this blog, and educational articles on our website. We also maintain a list of recommended reading materials, and a list of qualified counselors and therapists for those who ask.

Do you recommend mediation?

Ask your lawyer if your case is appropriate for mediation. Ask about private mediation, and about how often the lawyer uses private mediation with clients. Good lawyers try to settle their cases once they have analyzed the case. A lawyer that does not use private mediation or other alternative dispute resolution tools may be doing you a disservice.

What fees and costs can I expect other than charges for your time?

Your local county will charge a filing fee to open a case. You will likely have to pay a process server to server your spouse with divorce papers. Your case may require experts, such as appraisers, actuaries, accountants, social workers, or psychologists. Ask your lawyer what costs to expect, what experts may be needed, and how you will be charged for these additional services.

How would you predict a judge would rule on the issues in my case?

While no lawyer can guarantee specific results, listen closely to the analysis behind the lawyer’s answer. Understanding the facts that would make a favorable ruling more likely will help with strategy during the case.

Other Law related Blogs:

1. Landlord-Tenant Law

2. Corrupt Justice Officials

3. Lawsuits

4. Real Estate Law

5. Police Brutality

6. Bankruptcy Law

7. Re-Zoo-May (Resume/Employment)

« « « Back to Index

Glossary of Family Law Terms

2008-08-08T07:42:00.000-07:00

Divorce Legal Terminology

Getting a divorce is fraught with lots of new and possibly intimidating terminology. The following are some useful terms and their definitions.

SOURCE: DivorceTransitions

Abandonment
This term is applied when one married spouse leaves the marital home. In some areas this may be grounds for divorce or may reflect adversely upon the spouse who moves.

Adultery
This term refers to sexual intercourse by a married person outside of the marriage. In some areas this may also be grounds for divorce or adversely affect the offender's case.

Affidavit
Sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer (often a notary public).

Alimony
Also called maintenance or support. See Maintenance.

Alimony Pendente
Spousal support to be paid by one marital partner to the other during the pre-trial period of separation.

Change of Venue
Change of judge or location.

Chart Child Support Method
Method used in some legal jurisdictions to establish a base for determining child support. Takes into account the gross incomes of both parents, less special adjustments (such as support paid for children of previous marriage), and a figure for the amount of money (usually stated as a monthly sum) that will be required to be spent for the child. The court has the authority to deviate from the formula as it deems necessary in each case.

COBRA
The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law giving you and your covered dependents the right to continue group health coverage on a self-paid basis if eligibility for employer-sponsored group medical and dental insurance is lost through loss of employment or through divorce. COBRA eligibility is usually for 18 or 36 months after the event.

COLA
Cost of Living Adjustment.

Contempt of Court
The deliberate failure to comply with the orders or directives of the Court.

Contested
Any issue on which the petitioner and respondent cannot agree, which must then be decided by the court.

Custodial Parent
The parent who has physical custody of the child.

Default
Failure to respond in the prescribed manner within a given period of time. The Respondent in a Petition for Dissolution is said to be in default if he or she failed to respond within a set period of time, usually 30 days after the date of service.

Deferred Compensation Package
This includes all retirement assets, such as pension, 401K's, IRA's, and any variety of saving or postponed income which has been earned during the marriage.

Discovery
Pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.

Docket
The court's calendar schedule.

Emancipation
The point at which children become financially independent, or reach the age of 18 or 21, depending on the wording of a state's laws.

Ex-Parte
On or from one side or party only, sometimes used in reference to the absence of the opposing party.

Grounds
The basis for action or complaint, as in grounds for divorce.

Hearing
A court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.

Interrogatories
A formal or written question that must be answered under the direction of the court.

Joint Legal Custody
Situation in which both parents continue to make joint decisions for their child's education, medical care, religious training, camp, and other day to day matters.

Joint Physical Custody
A situation wherein the child spends time sleeping in both parents' homes.

Lump-Sum Alimony
Alimony (a.k.a. spousal support, maintenance) money is given in a single lump-sum payment.

Maintenance
Also called alimony or spousal support.

Mediation
A non-adversarial process in which two or more parties work through discussion and compromise toward agreement with the aid of a neutral party, or Mediator. In Divorce Mediation, the Mediator works with the divorcing spouses.

Motion to Modify
A motion put before the court requesting that changes be made in physical or legal custody, or in child support payments, thus modifying the existing arrangement.

Motions
Written or verbal appeals to the court for some sort of temporary relief, such as maintenance, child support, attorney's fees, etc.

No-Fault Divorce
A divorce in which neither party has been accused of or found guilty of any misconduct.

Non-Custodial Parent
The parent with whom the child is not physically living.

PDL Motion
pendente lite (Latin), or pending in the litigation. Any motion filed before the Petition is presented in court. Cannot be filed until at least 30 days after the Respondent is served with notice of intention to divorce. See Motions.

Petition for Dissolution
The wording used in some states for the legal Petition for Divorce.

Petitioner
The spouse who files for divorce.

Pre-Trial Motions
See PDL Motion and Motions.

QDRO
A Qualified Domestic Relations Order is a court order declaring that one spouse shall be entitled to a portion of the other spouse's pension as a part of the marital assets.

Quit Claim
To release or relinquish legal claim, or a document relinquishing claim, as in a quit claim to the deed to the marital house.

Rebuttal
The act of rebutting or contradicting in a legal suit.

Request for Production
Part of the Discovery process in which one attorney asks for the other side to produce documents they deem necessary to the case, such as financial documents.

Respondent
The spouse whom the Petitioner is seeking to divorce.

Retainer
The fee paid to an attorney or other professional for their services, sometimes representing advance payment for anticipated future services.

Service
The act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.

Serving
See above. These papers are usually presented to the respondent either by mail, or in person by a County Sheriff's Deputy or Process Server.

Subpoena
A legal summons requiring that one appear in court as a witness to give testimony.

Summons
Written notice to appear in court either as a defendant or a witness.

Temporary Motions
See Motions and PDL Motion.

Trial
The formal legal process in which the court (judge) receives evidence and testimony to enable him or her to decide in a dispute between two parties.

Uncontested
When all issues have been resolved in a manner acceptable to both parties, the divorce is said to be Uncontested.

Visitation
The legal right of a non-custodial parent to see his or her child (children).

Waiver
The legal document with which one relinquishes a known right, claim, or privilege.

Top Ten Signs Your Spouse is Cheating on You

2008-08-08T07:29:00.000-07:00

1. Change in Physical Appearance?

Your spouse is dressing nicer, looking nicer, losing weight etc.

Unusual spending habits

Buying new underwear or lingerie

2. Is your Spouse getting caught lying?

Lying to cover their tracks

Always putting the blame on you

3. Receiving hang up phone calls?

Unanswered calls

The paramour calling your house to speak with your spouse

Begins to delete all incoming phone calls from the caller ID

4. Hiding the cell/house phone bill?

The #1 way to find out who the lover is

5. New sexual techniques?

Cheaters may have a change in sex life (i.e. more sex, less sex) as well as unexplained sexual requests

6. Working a lot of overtime?

Enabling them to meet their lover after work

7. Unaccountable time throughout the day?

This is the time frame to conduct surveillance

8. Mood swings?

Picks fights in order to stomp out of the house

Saying "I need my space"

Becoming very defensive

Change in t.v., movie, or music preference

9. Excessive use of the internet?

Deletes all incoming e-mails when they used to accumulate

A way for men AND women to meet in chat rooms

10. Intuition (gut feeling)?

Something is not right usually is a sign you may have a cheating problem "when in doubt, check them out"

The telltale sign of a cheating spouse? Having to ask that question in the first place. Physical signs to look for to determine whether or not someone is having an affair is lipstick on the collar, odors of cologne/perfume on a shirt/blouse, checking underwear for secretion stains. You can also check their wallets and/or the glove compartments of their car to see if they left receipts, pieces of paper with phone numbers, addresses, condoms, Viagra, etc.

No More Mr. Nice Guy

2008-07-22T07:03:00.000-07:00

How to Break the "Nice Guy" Stereotype

from wikiHow - The How to Manual That You Can Edit

You've probably heard the phrase "nice guys finish last" and perhaps you've experienced it as you watch pushy, inconsiderate guys get the job or the girl you long for. It doesn't seem fair, does it? There's nothing wrong with being nice, but when you're so nice to everyone that you stop being nice to yourself, your efforts can backfire. Here are some ways to show people that you value yourself, and that they should value you, too.

Steps

Stop agreeing with everyone and everything. That doesn't mean that you should disagree or argue for its own sake, but you're your own person with your own opinions and preferences. If you find yourself agreeing with everyone, you might be undercutting your individuality. Think for yourself and speak up. Not every disagreement is an argument, and a difference of opinion can sometimes lead to interesting discussion in which you learn a great deal about how a person thinks and how they feel about a lot of things.
Stop being a people pleaser. Don't bend over backwards to accommodate everyone except yourself. If you identify with the "nice guy" dilemma, you're probably a kind person who loves to help people, and that's wonderful. But don't be so humble that you become a slave to everyone else's needs and expectations. It's healthy to have your own needs and goals, and to fulfill them and help others at the same time, without putting someone else's priorities way above yours. Avoid "parasitic" relationships where you give, give, give and never get. Strive to form mutually beneficial relationships.
- Learn to say no. When people ask you to do something that you don't feel comfortable doing, for whatever reason, you have every right to decline. There are manipulative people in the world who will make you feel guilty (in a very subtle way). Learn how to recognize a controlling or manipulative relationship and break the pattern.
- Use nonviolent communication to convey your discomfort, concerns or needs. Some people are taught that it's not nice to say anything negative, but the fact is that there are conflicts in life and they need to be addressed in order to be resolved so we can have healthy, balanced and happy relationships. By learning gentle communication skills, such as giving a feedback sandwich, you'll feel much better about discussing topics that you would normally avoid.
Draw the line. Don't allow people to disrespect or ignore you. Stand up for yourself. If a co-worker steals your idea and passes it off as his own, you're not being nice by letting it slide. You're being cowardly. If a woman doesn't show up for a date and doesn't even bother to call beforehand or afterwards to explain, you're not being nice by overlooking her lack of consideration. You're being a doormat.
Pace yourself. Be patient with yourself and with others. At work, this means not biting off more than you can chew. In dating, it means not getting too attached too quickly. Don't give someone everything they want, all at once, and expect nothing in return. Every relationship is a two-way street.
- At work, do you regularly stay late without being asked? Do you volunteer to help more than others, or pick up the slack for your co-workers? By doing this, you're communicating to your boss and co-workers that your time is not valuable; you give it away frequently and without being asked, and you never indicate that there's anything else you'd like to do with your time, and they might even be convinced that you enjoy staying late and working extra hard. To bring some balance back into the situation, there are a few things you can do:
  - If your boss is giving you all the extra work because you do a better job than your co-workers, then ask for a raise or promotion.
  - Ask your boss about hiring another staff person, or rotating who stays late until the work load subsides. Ask your boss how long he or she estimates the late nights will be necessary.
- When dating, don't shower a romantic interest with flowers, stuffed animals, jewelry, expensive dinners, a cruise, etc. in the very beginning. You're in the courtship phase, but she needs to show that she's worthy of being your mate as well. Save the bulk of your affection and gifts for someone who has proven that she'll support and appreciate you.
  - Wait for her to reach out to you once in a while. How do you know she wants to spend time with you if you're always the one calling and suggesting it?
  - Continue spending time with your friends and pursuing your interests even when you're dating. Don't allow a romantic prospect to consume your life.
Remember that you don't NEED anyone to be happy. Once you feel you "need" something, as in you want it so badly that you'd do almost anything to get it, and it's something that only someone else can give to you (i.e. someone else's approval, regard, or affection) you essentially put your happiness completely in someone else's control. In other words, you give them all the power, making yourself appear weak and "needy". Instead, base your self-worth on your own actions and efforts, rather than on how others perceive you. Rejection and criticism is difficult to deal with, but sometimes it's undeserved. Don't spend your whole life trying avoid people thinking negatively of you. Do what you feel is right, no matter what anyone else thinks. All you need to be happy, ultimately, is self-respect.
Continue being nice. The niceness isn't what gets the stereotypical nice guy into trouble. You can be a gentleman without being a pushover. You can be sweet without being suffocating. You can be humble without being self-deprecating. It's all about finding a good balance. Surround yourself with nice people who will consider you as much as you consider them, and do your best to teach others how they can be nice to you and in general.
"Stand up for yourself." There are plenty of people out there that rather than do the assignment themselves they will pass it on to you, or even volunteer you to take over a particular project, without even asking you if you're busy or not. Don't accept it. Tell them you need to review your workload first. Also let that person know that they should have been considerate to ask you before hand. If you do get dumped on (and you accept) then by all means don't take on the whole project by yourself. You would be setting yourself up for failure or worse, if you do a great job than it'll be your assignment for all eternity. Ask for an assistant or two that way down the road you can come up with your own excuse to back out and leave it in their hands.

Tips

Since you already know how to be nice, work on building your confidence and being bold--two traits that the stereotypical "nice guy" is commonly perceived to lack.
There's a difference between appreciating a woman and worshipping her. We're all human--by putting her on a pedestal, you're not only fostering an unhealthy balance in the relationship, but you're also creating a set of unrealistic expectations for her. That kind of pressure can make someone feel like she can't be herself around you.

Related wikiHows

Article provided by wikiHow, a collaborative writing project to build the world's largest, highest quality how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Break the "Nice Guy" Stereotype. All content on wikiHow can be shared under a Creative Commons license.

How to Block Phone Text Spam

2008-07-21T11:17:00.000-07:00

How to Block Mobile Phone Spam

from wikiHow - The How to Manual That You Can Edit

Just when you think you've got junk mail and e-mail spam under control, you might start getting unsolicited text messages on your mobile phone. This can be especially irritating because you normally can't delete a text message without opening it, and in some plans, you might get charged for every text message you receive! Here are some ways to block mobile phone spam, also known as SMS spam or m-spam. They're not perfect, but they might hold you over until spam-blocking technology catches up with mobile phones.

Steps

Block all text messages originating from the Internet. Since the majority of mobile phone spam is sent through the Internet (where spammers can text you for free) you can ask your service provider to prevent all Internet messages from reaching your phone. As of June 2008, this featured is offered by AT&T and Verizon Wireless.[1]
Create an alias. If there are some messages you want to receive from the Internet (airline schedules, hotel reservations, etc.), then some providers will allow you to create a unique alias, blocking all messages that are not addressed to your alias. This filters out spammers, who usually find their targets by sending text messages to random numbers (1234557890@txt.company.com). Give your alias address only to the people and website you actually want to receive messages from. As of June 2008, this featured is offered by AT&T, Verizon Wireless and T-Mobile.[2]
- Doing this may inadvertently block replies to your text messages. If the reply-to address isn't your alias and someone replies to your message or e-mail, their message will get blocked because it wasn't sent to your alias.
- If your carrier allows you to block all text messages except when it comes from a specific address, you can create an e-mail account that has good spam filtering software and have your phone only receive messages from that specific e-mail address. Have people text message you at that address, and have all the e-mails from that account forward automatically to your phone.
Block a specific number, e-mail address, or website. Most providers offer this option, and it can be useful if the spammer consistently text messages you from the same number or e-mail address, or if they always include their URL in the messages they send.
Dispute your cell phone bill. If spammers continue to get through, you may be able to convince the carrier to drop the charges associated with those messages. You have a better chance at this if you call as soon as your receive the spam.[3]

Carrier Specific Instructions

In addition to calling your carrier to add these settings, you may also be able to block spam through the carrier website as follows. (Keep in mind that the layout of the website may have changed since this writing, so feel free to update this page as needed.)

AT&T: Log in at http://mymessages.wireless.att.com. Under Preferences, look for the text-blocking and alias options. You can also block specific addresses and websites.
Verizon Wireless: Log in at http://vtext.com. Under Text Messaging, click Preferences. Click Text Blocking to block text messages from e-mail or from the Web. You can also block specific addresses or websites, or set up an alias.
T-Mobile: Log into http://www.t-mobile.com and go to "My t-mobile" using the t-mobile sites drop down at the top of the page. Now, search for "Change plan or services" and click the link. You will be taken to a page with the section "Your Current Services" where you'll have to click the "change services" button. Here, you can block text messages, instant messages, photo messages, messages sent via e-mail, or even all text messages.
Sprint: Log in at http://www.sprint.com. On the top navigation bar, click My Online Tools. Under Communication Tools, click Text Messaging. On the Compose a Text Message page, under Text Messaging Options, click Settings & Preferences. In the text box, enter a phone number, email address or domain (such as Comcast.net) that you want to block.
Virgin Mobile: Check the Messaging Settings page on Virgin Mobile’s website (http://www.virginmobile.com) to block text messages from up to ten telephone numbers or email addresses; you can also change preferences on your handset (VirginXL or VirginXtras > Messaging > Messaging Management).

Tips

There is software designed to be installed on your phone to filter text messages.[4][5] This may be the only way to block spam from your own carrier, which is common in countries like Thailand.[6]
Look at the message in question and determine if the sender is someone you know or not. (Sometimes friends annoy other friends this way.)

Warnings

Registering your phone on the National Do Not Call Registry only prevents phone calls, not text messages.
Do not respond to text message spam, because usually the first time is random numbers being tested for responses. If you do respond to a spam message, you may inadvertently sign yourself up for additional spam messages as many times spammers can and will sell your digits to other spammers. Don't take their bait.

Related wikiHows

Sources and Citations

↑ http://pogue.blogs.nytimes.com/2008/06/12/how-to-block-cellphone-spam/index.html

↑ http://pogue.blogs.nytimes.com/2008/06/12/how-to-block-cellphone-spam/index.html

↑ http://blogs.consumerreports.org/electronics/2008/03/cell-phone-spam.html

↑ http://www.smobilesystems.com/homepage/pointguard.jsp

↑ http://www.mcleaner.com/

↑ http://www.wikihow.com/index.php?title=Block-Cell-Phone-Spam&action=submit - Comment #65

Article provided by wikiHow, a collaborative writing project to build the world's largest, highest quality how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Block Mobile Phone Spam. All content on wikiHow can be shared under a Creative Commons license.

How do we divide the property when we Divorce?

2008-07-09T17:54:00.000-07:00

No matter where you live in the USA, you will not automatically receive half your marital assets in a divorce. State laws differ radically on who gets what when the marriage ends.

Almost everything you and your spouse acquire during your marriage is marital property ie: the family home, as well as non-tangible things such as retirement benefits. Marriage affords you the right to share in each others' gains and losses. Now that you are faced with divorce how is it all divvied up? That all depends on what state you live in.

In the U.S.A there are two very different divorce standards, equitable distribution and community property. There are currently 10 "community property" states and 41 "equitable distribution" states.

Keep in mind that the more you know about your state's divorce laws, the more organized you are and the more involved you are in managing your divorce- the better.

Here are some key aspects about Equitable Distribution and Community Property.

Equitable Distribution

Just because the words "equate" or "equal" can be found in equitable, does not mean you will automatically receive half of everything. In the 41 equitable distribution states, the court decides what is a fair, reasonable and equitable division of assets. The court might decide to award either spouse 0-100%.

How does the Court decide what's equitable? It factors in things like how long the marriage lasted, what each person brought into the marriage, how much each can or does earn, responsibilities for children, retraining, tax consequences, and debt. If you have a marital agreement, signed before or during marriage, you will have more control over how your assets are divided.

Community Property States

Community property states treat marital income differently than other states (which are sometimes called common law states).

Does an Ex-Wife Get an Ex-Husband's Social Security Benefits?
updated: October 1, 2010

An ex-wife can receive Social Security benefits based on her ex-husband's work record if she meets certain qualifications. According to the Social Security Administration, many ex-wives receive a higher benefit based on their ex-husband's work record than their own.

Living Ex-Husband
1. An ex-wife can receive benefits if she was married 10 years or more, has not remarried, is at least 62 years old and the benefits she receives based on her ex-husband's employment record is more than benefits under her work record. The ex-husband must also be eligible to receive Social Security retirement or disability payments. She can also receive benefits if the ex-husband is at least 62 years old, is eligible for benefits but has not applied, and has been divorced at least two years.
Deceased Ex-Husband
2. An ex-wife can receive benefits if her husband is deceased and she is age 60 or 50 and disabled, the marriage lasted 10 years, and her individual entitlements are less than the benefits she would receive under his work record.
Children
3. The ex-wife of any age can receive benefits from a deceased ex-husband if they share a child, natural or adopted, who is younger than 16 or disabled and eligible for benefits. The ex-wife's benefits will continue until the child turns 16 or is no longer considered disabled. There is no length of marriage restriction.

Overview

Special rules apply to spousal property and income in the community property states:

Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin

Handling Divorce

2008-07-09T17:40:00.000-07:00

Divorce brings out the worst in people. During divorce, most people do things, say things, think things, and feel things that they've never done, said, thought, or felt before, and that they will never do, say, think, or feel in the future. About half the divorces in America involve some kind of physical violence, and almost all of them involve at some point (usually at many points) an exchange of harsh, bitter, hurtful words.

I think there are four things you can do to deal with irrational behavior on the part of your spouse:

Understanding

The best way to understand irrational behavior on the part of your spouse is to read and understand the three divorces, and pay particularly close attention to the emotional divorce. It's typical for both spouses in divorce to behave in ways that are erratic, sometimes even cruel. Just because your spouse does this doesn't mean your spouse is evil. This is just a cruddy time for both of you.

Keeping Your Cool

Understanding why your spouse behaves this way should make it easier to keep your cool. What you must do is to think strategically and keep your eyes on the prize.
It's okay to let your spouse get the last word, because you're not going to negotiate based on who gets the last word.

It's okay for your spouse to yell and for you not to respond, because the judge isn't going to decide your divorce issues based on who yells more or who yells more loudly. If this is an issue, check out Let's Get This Straight about emotional abuse.

It's okay for your spouse to tell your children or your friends what a terrible person you are and for you not to respond in kind, because your children and your friends will ultimately respect you more for keeping your mouth shut.

Prudence

Keeping your cool does not mean you allow your spouse to endanger anyone. When push comes to shove, you need to do whatever you must to protect yourself and your children. I'm not just talking about rushing out to get a restraining order, although restraining orders certainly can be helpful in some circumstances.

I'm talking about care in your interaction with your spouse. If your spouse tends to get violent when you meet him or her in a particular place, don't meet them there. If there's a third party involved, and if the conflict escalates whenever the third party enters the scene, try to get some separation for a while. It's just common sense.

Counseling

Often, counseling can help you deal with your own feelings and those of your spouse in divorce. With the help of counseling, often you can spot when your spouse is about to behave irrationally and head off that behavior before it starts. Or you may use counseling to help think through the possible responses to your spouse.

One warning about counseling is in order here: if you have children, and if there is any chance that you may be arguing over children in adversarial divorce, STOP.

Before you enter counseling, check with your lawyer about whether your spouse's attorney might be able to force your counselor to disclose what you talk about in counseling. Some states disregard the privileged nature of your counseling sessions when the welfare of children is involved. Just make sure you understand this before getting started.

Survival Manual for Men in Divorce (2004 Edition)

2008-07-06T09:51:00.000-07:00

The Survival Manual for Men in Divorce: 185 Questions and Answers About Your Rights
Topics covered in this book include:

Common Property;

Child Custody;

Alimony;

Debt;

Child Support; and

Retirement Benefits.

"Divorce shouldn't be a war zone. Unfortunately, sometimes it is. Survival Manual For Men In Divorce is the first step in neutralizing that zone. A must have for BOTH men and women contemplating divorce."--Judith Briles, Speaker and author of The Confidence Factor and Dollars and Sense of Divorce.

Table of Contents

Sample Chapter

> Order Now

Check this manual out. It could help lead you in the right direction.

How to Choose a Divorce Attorney.

2008-07-06T09:48:00.000-07:00

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Choosing A Family Law Attorney

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Article by Michele Lowenstein, Esq.

A divorce is one of the most traumatic events in a person's life, ranking right up there with the death of a loved one. A divorce is also one of the few times – and maybe the only time – a person has to deal with the court system. Ending a disintegrating marriage is made more difficult by the complexity of the divorce process and the emotional stress of dealing with the issues of child custody, support, and division of assets. Understanding the legal process is as baffling as trying to understand complex medical procedures, and just as you need to trust your physician, you need to feel confident with your attorney. Your divorce attorney must be a combination of therapist, confidant, clergy person and “legal eagle.” So, how do you find this person to whom you can entrust your future?

Get Referrals from Friends

If you have friends who have gone through divorce, ask what they liked and disliked about their attorneys. Was your friend’s case as complex or less complex than your own? Was the attorney equally competent in handling emotional issues such as custody and “business” issues such as division of assets? Also ask about the attorney who represented your friend’s spouse. Meet with several attorneys. Schedule appointments with several attorneys for consultations, and let the attorney know you are in the interviewing process. Most attorneys won’t see you free of charge, since they have only their time and advice to sell, but some offer discounts for the initial consultation.

Ask the Right Questions

When you meet with an attorney, bring a list of questions regarding your concerns in choosing an attorney as well as your personal concerns in the divorce case. Ask how the law firm bills its clients and ascertain the billing rates for each person who will be working on your case. Most attorneys charge for all time spent in working on your matter. This includes time for phone calls, drafting court documents, court preparation, and travel to the courthouse. Be sure your attorney or someone in the office will return phone calls within a reasonable time and that you will receive copies of all pleadings and correspondence received and generated. It will be difficult for any attorney to give you an accurate estimate of total costs for the divorce because there are so many variables. Does your spouse want to reach a speedy resolution of the issues or is your spouse going to litigate every issue? No attorney will know all of the issues at the initial consultation. Beware of any attorney who guarantees certain results. An attorney can only promise to use his or her best efforts in representing you.

Develop Lines of Communication

Above all, you and your attorney should be able to communicate effectively. Your attorney can only give you your choice of options and advise you as to the probable outcome of each option. But remember, nothing is a “slam dunk.” As in the rest of life, the legal process does not issue any guarantees.

Other Law related Blogs:

1. Landlord-Tenant Law

2. Corrupt Justice Officials

3. Lawsuits

4. Real Estate Law

5. Police Brutality

6. Bankruptcy Law

7. Re-Zoo-May (Resume/Employment)

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Can I go to jail for failing to pay child support?

2008-07-03T11:41:00.000-07:00

Because the law of child support is governed by state, rather than federal, law, it varies from state to state. A person who may have valuable rights affected by such laws should consult with an attorney who specializes in such matters.

In many jurisdictions, the payor parent is given a period of time to pay the support before the period of incarceration begins. If the support is paid within that period of time, the jail sentence will not have to be served. However, if the payor parent does spend time in jail due to a failure to pay support, it usually will not discharge the support obligation. He or she will still owe the money. In some jurisdictions, however, collection of support might be stayed during the period of incarceration.

The Law

Although child support enforcement is primarily left up to state enforcement, a non-payment of child support may also become a federal criminal offense under certain conditions. Using the commerce clause as its base of authority, Congress enacted the Child Support Recovery Act of 1992 (CSRA), Pub. L. No. 102-521, making a willful failure to pay a past due support obligation, with respect to a child residing in another state, a federal offense. 18 U.S.C. § 228 The intent of the statute was to prevent non-custodial parents from fleeing across state lines to avoid paying their child support obligations and to facilitate recovery of unpaid child support.

The Penalties

A person convicted of a first violation of the CSRA may be punished by up to s ix months in a federal prison and a fine. It is important to note that federal Sentencing Guidelines do not apply to a first violation of the CSRA because it is considered a Class "B" misdemeanor. As a Class B misdemeanor, which is a petty offense, there is no right to a jury trial. For any subsequent violation of the CSRA, federal Sentencing Guidelines are applicable which effectively increase the presumptive sentence for any subsequent offense to two years imprisonment and/or a fine. A second or subsequent violation is a Class "E" felony which carries with it a maximum sentence of 2 years incarceration. In such a case, there is a right to a jury trial. The Deadbeat Parents Punishment Act (DDPA) of 1998, amended the CSRA of 1992 and established felony violations for traveling in interstate or foreign commerce to evade a child support obligation or for failing to pay a child support obligation which is greater than $10,000 or has remained unpaid for a period longer than two years. The balance of the CSRA and its enforcement remains intact.

The 1998 amendments to 18 U.S.C. § 228 rewrote the statute to provide, in relevant part:

(a) Offense.--Any person who- (1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c).

(b) Presumption.--The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.

Fines and jail sentences are not the only consequence of a federal conviction for non-payment of child support. A court may also order a defendant to pay restitution to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. 18 U.S.C. § 228(c).

In most cases, the prosecutor will not offer pre-trial diversion, which generally means staying the jail sentence in order to allow the defendant to comply over a probationary period of time. This is not offered to underscore the seriousness of the offense and prevent second and subsequent.

Upon a conviction, the defendant will also be placed on probation for a period of years. During that probationary periods certain conditions will apply. If any condition is violated, it may result in the defendant serving additional jail time. Common conditions of probation that are imposed for a violation of the DPPA include the following:

1. That the defendant support his dependents and meet other family responsibilities, and comply with the terms of any court order or order of an administrative process pursuant to the law of a State, the District of Columbia, or an other possession or territory of the United States requiring payments by the defendant for the support and maintenance of a child or of a child and the parent with whom the child is living.

2. That the defendant work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip him for suitable employment.

3. That the if the defendant is unemployed he/she work in community service as directed by the court."

4. That the defendant appear at all scheduled state/local court child support hearings.

Elements of the Offense

In order to convict a defendant accused of violation the Dead Beat Parents Punishment Act, the United States must prove that the defendant:

1. Had the ability to pay;

2. Willfully failed to pay;

3. A known and past due child support obligation;

4. Which has remained unpaid for longer than one year OR is an amount greater than $5,000; and

5. For a child who resides in a different state than the defendant.

Clarifications of the Law

Federal statutes and subsequent case law have helped to define some of the key terms of the statute.

What is Past Due Child Support?

The CSRA federal statute specifically defines a "past due support obligation" as any amount determined by a court order or an order under an established administrative procedure of any state which finds child support due from a person to a child or a person with whom a child is living; and the obligation has remained unpaid for a period longer than one year, or is greater than $5,000. 18 U.S.C. § 228(d)(1).

What does it mean to be Willful?

There is no clear definition of "willful" under the DPPA. However, a good barometer of willfulness may be found under federal criminal tax law. For criminal tax cases, willfulness is a " knowing and intentional violation of a known legal duty." Cheek v. United States, 111 S.Ct. 604, 610 (1991).

It is important to recognize that willfulness cannot be presumed from non-payment by the defendant alone. The prosecution has burden to prove beyond a reasonable doubt that any failure to pay child support is willful at the time the child support was due to the custodial parent AND the defendant had sufficient money to pay the child support obligation or that any lack of funds was caused by a voluntary and intentional act of the defendant without justification in view of all the financial circumstances of the case. H.Rep. No. 102-771, 102nd Cong., 2d Sess., at 6.

What if partial payments have been made?

Even if partial payments have been made by a defendant, he/she may still be convicted under the DPPA since that statute defines a " past due support obligation" as "any amount" that is due and owing. A partial payment, however, may be relevant to a defendant's ability or inability to pay support. In fact, if full payment is made before the prosecution concludes, it does not obviate the offense since the willful intent not to pay support and the act of not paying when due has already occurred.

Where is the Case Heard?

The location where the case is heard is called the "venue." The venue for a prosecution under the DPPA may occur in one of two federal court districts:

1. The District where the Child Resides; or

2. The District where the defendant resides.

To date Department of Justice has filed most cases in the district where the child resides.

When is the DPPA Usually Applied?

General guidelines have been set out for U.S. attorneys regarding when to prosecute a defendant for a non-payment of child support. Although these guidelines will not invalidate a qualifying prosecution under the statute that does not comply with the guidelines, it provides a barometer of when to expect a prosecution to occur.

First, U.S. attorneys are recommended to accept only cases where all reasonable available remedies have been exhausted. That does not mean that a state prosecution must occur first. It simply means that the U.S. attorney must come to a subjective conclusion based on past history of the case and past conduct of the defendant that other efforts would most likely prove futile.
Cases that are ranked as priorities may include:

a pattern of flight from state to state to avoid payment or flight after service of process for contempt or contempt hearings; or

a pattern of deception to avoid payment, such as changing employment, concealing assets or location, or using false names and/or social security numbers; or

failure to make support payments after being held in contempt; or

there exist particular circumstances which dictate the need for immediate federal intervention, such as where the custodial parent and/or child have special medical needs which are going unmet, where the custodial parent and/or child is handicapped, or where the custodial family is in danger of eviction and homelessness; or

when the failure to make child support payments has a nexus to other potential federal charges, such as bankruptcy fraud, bank fraud, federal income tax charges or other related criminal conduct.

Priority should also be given to those cases where the children of the non-paying parent are still minors. While there is no policy prohibiting the filing of charges in "arrears only" cases where there is a chargeable period of non-payment post-enactment of the DPPA, the policy of identifying cases which are the most egregious encompasses the notion that the need to support minor children, while they are minors, is of greater importance.

Possible Defenses

In screening cases, some of the possible defenses which should be considered are:

1. Payment-in-kind - Often, a "non-paying" parent will provide other assistance to his or her children, such as food, clothing, tuition or other direct financial assistance not recorded or known to the child support agency monitoring the case. Such "payments" may bear upon the issue of willfulness.

2. Amount Accrued. A defendant may assert that the arrearage amount of $5,000 accrued prior to the enactment of the statute.

3. Constitutional Challenges. Challenges to the constitutionality of the statute may be made. In part, it may be argued that statute is overbroad and unsupported under the Interstate Commerce Clause or the 10th Amendment.

The United States Court of Appeals for the 1st, 2nd, 3rd, 4th, 5th, 7th, 8th, 9th and 10th circuits have all affirmed the validity of the Act, despite claims that it interferes with interstate commerce and is an infringement upon state sovereignty because it encroaches on the field of family law.

However, the United States District Court for the Western District of Michigan (Sixth Circuit) held that the Child Support Recovery Act (CSRA) - the precursor to the DPPA - is not a proper exercise of Congress power to regulate interstate commerce. The Court stated that the CSRA criminalized conduct that was not criminal in Michigan (the father's failure to comply with a Michigan child support order). The Court also stated that by criminalizing the failure to pay based solely on the parent's residence in a different state than the child, regardless of how that diversity in residence resulted, the CSRA went beyond Congress stated intent in passing the law preventing parents interstate flight to avoid child support payments.

I owe child support, but can't afford to pay.

2008-07-02T07:32:00.000-07:00

Unfortunately, your situation is not uncommon. According to the U.S. Census Bureau, 7,256,000 custodial parents were due child support in 2003. However, only 3,290,000 (or 45.3%) received the full amount. That means that there are many, many non-custodial parents who are unable to pay their child support dues in full. In cases like yours, there is a valid underlying reason which calls for the re-examination of the child support order.

What Should You Do?First, contact the Child Support Enforcement Office in the state where the child support order was issued. What you'll need to do is file a formal motion requesting a modification due to changed circumstances.

Why? The amount of child support you owe was originally determined using your income and financial reports provided at that time. However, as we know, circumstances do change. In fact, this can happen many times over the years that you are paying child support.

Keep in mind that it is far better to request a modification due to changed circumstances than to fail to pay child support.

What are Changed Circumstances?Either parent can request a modification due to changed circumstances. Examples of circumstances which may necessitate a change in the child support order include:

Changes in income;
Unemployment; and
Medical expenses .

Additional costs associated with raising the child as he or she growsWhat Else Do You Need to Know?Please note that it is crucial, for your own protection, to have the order formally modified through the court. Avoid entering into a non-binding oral agreement, which could fail to be recognized by the courts during a future dispute over the amount of money that is owed.

References: Grall, Timothy S. "Custodial Mothers and Fathers and Their Child Support: 2003." Child Support Reports. Jul 2006. U.S. Census Bureau. 15 Nov. 2006.

[http://www.census.gov/prod/2006pubs/p60-230.pdf].

http://singleparents.about.com/od/financialhelp/f/can_not_pay.htm

Do I need an Attorney for my Paternity Case.

2008-07-01T18:44:00.000-07:00

If you are starting the paternity action, you are called the plaintiff and the other parent is the defendant. Unless the prosecutor files the complaint, the plaintiff must file a complaint asking the court to establish paternity and grant custody, support, and parenting time. There is a filing fee for this action.

The family division of the specific court handles all paternity cases in your state. If you want to file a paternity case, it must be filed in the county where the mother lives. If the mother and child live outside of the state, the case must be filed in the county where the alleged father lives or is found.

You should consult with an attorney concerning legal issues, but you do not need an attorney to defend against a paternity case. If you proceed with a paternity case without an attorney, you are acting as your own attorney.

There is no specific information available to aid you with the entire legal process in a paternity case. Because of the importance of the outcome, it may be advisable to contact an attorney.

Most paternity cases are processed in the same manner. A complaint must be filed, fees must be paid, a summons must be issued, the parties must be served notice of the complaint, hearings must be scheduled and noticed, blood tests must be ordered and taken, answers must be given, and hearings must be attended. The end result of the case will be entry of an order (Child support or no child support).

Certain procedures must be followed to get a court order for paternity. These procedures are stated in the state Laws and state Court Rules, but keep in mind that courts may have local practices in addition to these laws and court rules. You should check with your attorney or the prosecuting attorney in the county where the mother lives to find out what types of services they provide with regard to processing your case.

At the paternity hearing the court will seek to determine paternity of the child. The court may require the mother, the alleged father, and the child to have a blood test taken. If at any time during this process the alleged father admits to being the father of the child, an order establishing paternity can be entered by the court. If the alleged father wants to contest the results of the blood test, a trial will be held. At the end of the trial, the court will either enter a paternity order or dismiss the paternity claim.

The DNA Test Proved I'm The Father. What Next?

2008-07-01T11:36:00.000-07:00

If the DNA test proves you are the biological father, more than likely child support will be ordered.

What are the legal consequences of establishing paternity for an unwed father?

He will be required to pay child support and, in some cases, may be responsible for some of the costs of the mother’s pregnancy, the child’s health care expenses, retroactive child support, and other associated costs.

Once paternity is established and child support ordered, failure to pay can result is penalties against a father. Some of these penalties include:

Posting his picture in private and public locations and in the news;
Revoking his driver’s license;
Taking his tax refunds;
Denying occupational licenses;
Denying state loans or grants;
Referring him to private collection agencies;
Reporting him to a consumer reporting agency ;
Require him to pay interest on past due support (rates are set by state law) ; and
Arresting him and placing him in jail.

Child Support Payments and Getting a U.S. Passport

Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations states, in part, that if you are certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, you are ineligible to receive a U.S. passport . If this applies to you, Passport Services strongly recommends that you contact the appropriate State child support enforcement agency to make payment arrangements before applying for a passport. This is because:

· The State agency must certify to the U.S. Department of Health and Human Services (HHS) that acceptable payment arrangements have been made.

· Then, HHS must notify Passport Services by the removal of your name from the electronic list HHS gives to Passport Services. (Passport Services cannot issue a passport until your name has been deleted by HHS.)

Please note that it can take 2-3 weeks from the time you make payment arrangements with the State agency until your name is removed from HHS' electronic list. Passport Services has no information concerning individuals' child support obligations and has no authority to take action until HHS removes your name from its list.

Please direct any questions to the appropriate State child support enforcement agency. You may go to the Department of Health and Human Services - State Child Support Enforcement Web Site for a listing of HHS state and local agencies.

The "false positive" DNA Test Results

2008-06-30T14:04:00.000-07:00

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Do You Have a False Positive?

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Paternity & DNA

"FALSE POSITIVE" DNA TEST RESULTS

One of the biggest concerns to recipients of paternity tests is that even if the test shows a 99% or greater probability that the tested man is the biological father of the child, he still might not be. The test could be a "false positive" result. The chances of receiving a false positive are 100 times greater if the test only shows a 99.0% probability of paternity compared to a 99.99% probability of paternity.

It is important to understand that a DNA test for paternity does not tell you that the tested man is the only one who could be the biological father. It tells you that the tested man has a genetic pattern that the child received (or could have received) from the child's father, so that the tested man could be the biological father. But other men in the population also have this pattern.

Tests at a 99.0% probability of paternity identify a genetic pattern possessed, on average, by one in every one hundred men. Keep in mind that this is just an average. In any particular case a 99.0% probability could be identifying a even more common pattern. At a 99.0% probability of paternity thousands of men possess the identified genetic pattern. If those men took the same paternity test, the test would show that each of them had a 99.0% probability of being the father of the same child!!!

Thus, it sometimes happens that a man will receive a DNA test showing that he has a 99% or greater probability that he is the biological father, when in fact he is not. He is merely one of the other people in the population who happen to have this genetic pattern. We refer to these as false positive tests. You can see how much easier it is for this to happen when the test is identifying a genetic pattern that is possessed by one in every one hundred people or more.

For this reason, Paternity Testing Corporation continues testing until we have identified genetic patterns that fit, on average, fewer than one in ten thousand people. In fact, most of our tests identify a genetic pattern possessed by fewer than one in one hundred thousand people. As a result, there are many fewer people with the genetic pattern needed to be the biological father. The chances of a false positive are greatly reduced.

With a positive test from Paternity Testing Corporation you can have great confidence that the tested man is truly the biological father of the child.

If you have questions about false positive tests, or if you are concerned that you may have received a false positive test, please call our toll-free telephone number at (888) 837-8323. We are happy to discuss it with you. We also provide discounted testing fees for those situations in which you choose to test the same individuals who submitted to a previous paternity test with another laboratory.

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Paternity - What you need to Know

2008-06-29T12:06:00.000-07:00

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What is Paternity?

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Paternity?

"PATERNITY" is the state of being a father, fatherhood, and male parentage, a frank and revealing presentation of paternity information by and for fathers is made. Currently paternity is strongly linked to child support; therefore, child support and its link to paternity is discussed. Concerning child support enforcement agencies: keep in mind that the main purpose for creating these agencies was and is to recoup the money (AFDC, food stamps) given to a single parent family with your child or children. In almost every case, the non-applicant parent - the father - was never asked if he would want custody of his child(ren) so they would not have to be on public assistance at tax payer expense.

"Paternity establishment is a prerequisite for obtaining a child support order."

How is Paternity Established?

Presumption of paternity To make things simple, individual states have developed a set of circumstances or tests that, if met, automatically presumes paternity. The most common circumstance is known as the Mansfield Rule. Basically, this rule states that if a child is conceived within marriage, the husband is presumed to be the father. Since this presumption is not always true, some states have introduced "milkman" legislation to challenge or rebut this presumption.

Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Children with legal fathers are entitled to benefits through their fathers that may include Social Security benefits, veteran's benefits and inheritance rights. Children may also benefit by knowing their biological family';s cultural and medical history. Either parent may take action to legally establish paternity. The process may begin at any time, until the child attains the age of majority.

When a married couple has a child, the law automatically recognizes the husband as the father. When an unmarried woman has a child, an official act is needed to establish the legal father of the child. This is called establishing paternity. Sometimes a parent may want proof that the man is the biological father of the child. In that case, a genetic test will be used to show that either the man is not the biological father (he is excluded), or, that there is an extremely high probability that the man is the father of the child. The results of a genetic test are then used by the court as evidence of parentage. A court order will then be issued establishing paternity.

Do Not ignore a Complaint to establish paternity

You may not be the biological father. A DNA test will prove this one way or the other. What happens when you ignore a complaint to establish paternity? Read the case below. Trust men, you will probably not be as lucky to get an erroneous paternity result reversed on appeal.

Filed 6/30/04

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT DIVISION EIGHT

COUNTY OF LOS ANGELES,
Plaintiff and Respondent,
v.
MANUEL NAVARRO,
Defendant and Appellant.

B155166 (Los Angeles County Super. Ct. No. BY119238)

APPEAL from a judgment of the Superior Court of Los Angeles County.

James B. Copelan, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

Reversed.

Linda S. Ferrer for Defendant and Appellant.

Steve Cooley, District Attorney;
Phillip Browning, Director,
L. Cruz, Deputy Director,
Nancy K. Ruffolo, Attorney in Charge, and
Fesia A. Davenport, Staff Attorney, Child Support Services Department, for Plaintiff and Respondent.
____________________________

Manuel Navarro appeals from the trial court’s denial of his motion to vacate a default judgment entered against him in 1996. The judgment established his parental relationship with two boys whom respondent County of Los Angeles now concedes are not his sons, and ordered him to pay child support. He seeks reimbursement of child support, welfare reimbursements, attorneys fees, and costs.

We reverse.

FACTS AND PROCEDURAL HISTORY

In March 1996, the Bureau of Family Support Operations in the District Attorney’s Office1 (the County) filed a complaint to establish the paternity and child support obligations of “Manuel Nava” for two boys born in December 1995 who had been receiving public assistance. The County attempted substitute service of the complaint in May 1996 by leaving a copy at appellant’s address with “Jane Doe,” listed as “sister” and “co-tenant” and serving a copy by first class mail. The complaint alerted appellant of the danger of not answering the complaint if he denied paternity, and warned he could become liable for child support if the court determined he was the boys’ father. Appellant did not answer the complaint and the County took his default in July 1996. The court thereafter entered judgment establishing appellant’s paternity and ordered him to pay $247 in monthly child support.

Five years later in July 2001 appellant filed a motion to set aside the judgment and have his answer deemed filed because a recent genetic blood test indisputably proved he was not the boys’ father. He claimed that although he lived at the address cited on the complaint’s proof of service, and he never attempted to avoid service, he nonetheless never received a copy of the summons and complaint or default judgment. In support of his motion, he noted that blood tests in a separate paternity action in San Bernardino County had conclusively proven a few months earlier that he was not the boys’ father. Based on those tests, San Bernardino County authorities had dismissed their paternity suit against him prejudice. Acknowledging the six-month period for setting aside the judgment under Code of Civil Procedure section 473 had long passed, he argued relief was nevertheless proper because the boys’ mother had committed extrinsic fraud in asserting he was the father when in fact he was not, thus depriving him of a fair adversarial hearing.

The County opposed the motion, arguing appellant had not shown extrinsic fraud or mistake. According to the County, the mother’s mere assertion that he was the father was insufficient to establish extrinsic fraud. Apparently agreeing with the County, the court denied appellant’s motion to set aside the judgment. This appeal followed.

Footnote: 1 Pursuant to Family Code section 17304, on July 1, 2001, the County of Los Angeles Child Support Services Department replaced the District Attorney’s Bureau of Family Support Operations as the County agency charged with establishing parentage, obtaining and enforcing orders for support.

DISCUSSION

By strict application of the law, appellant should be denied relief. (This means if you ignore a complaint to establish paternity, chances are you'll be stuck paying child support for life ... even if the child is later determined to not be your child.) He did not file his motion to set aside the County’s default judgment against him until five years after its entry, long past the maximum six months allowed for setting aside a default judgment. (Code Civ. Proc., § 473, subd. (b).) Furthermore, appellant cannot win relief under the doctrine of extrinsic fraud because mother’s false assertion that he was the boys’ father is not the sort of falsehood the doctrine encompasses. (This means a woman can LIE and make you pay child support if you ignore the complaint.) (See, e.g., Kachig v. Boothe (1971) 22 Cal.App.3d 626, 632-633.) In sum, a narrow, technical reading of the controlling case law and statutes, with their emphasis on the public interest in the finality of judgments, suggests the trial court ruled correctly.

Sometimes even more important policies than the finality of judgments are at stake, however. Mistakes do happen, and a profound mistake occurred here when appellant was charged with being the boys’ father, an error the County concedes. Instead of remedying its mistake, the County retreats behind the procedural redoubt offered by the passage of time since it took appellant’s default.2

It is this state’s policy that when a mistake occurs in a child support action, the County must correct it, not exploit it. When the Legislature enacted the Child Support Enforcement Fairness Act of 2000, it declared “The efficient and fair enforcement of child support orders is essential to ensuring compliance with those orders and respect for the administration of justice. . . . Thousands of individuals each year are mistakenly identified as being liable for child support actions. As a result of that action, the ability to earn a living is severely impaired, assets are seized, and family relationships are often destroyed. It is the moral, legal, and ethical obligation of all enforcement agencies to take prompt action to recognize those cases where a person is mistakenly identified as a support obligor in order to minimize the harm and correct any injustice to that person.” (Stats. 1999, ch. 653 (A.B. 380), italics added.)

The County, a political embodiment of its citizens and inhabitants, must always act in the public interest and for the general good. It should not enforce child support judgments it knows to be unfounded. And in particular, it should not ask the courts to assist it in doing so. Despite the Legislature’s clear directive that child support agencies not pursue mistaken child support actions, the County persists in asking that we do so. We will not sully our hands by participating in an unjust, and factually unfounded, result. We say no to the County, and we reverse.

Footnote: #2 We recognize that finality and certainty assume greater importance when the issue is paternity in a long-standing parent-child relationship, for then the child’s psychological well being is at stake. Here, however, the issue is solely the cold-hard cash of child support, as appellant has always denied paternity and has no relationship with the boys. In this dispute over money, the greater equities lie with appellant, who has no relationship with the boys, than with the County, whose obligation to the general welfare compelled it to support the boys when their real father did not.

DISPOSITION

The order denying appellant’s motion to set aside the default judgment is reversed. Each side to bear their own costs on appeal.

CERTIFIED FOR PUBLICATION

RUBIN, J.
We concur:
COOPER, P.J.
BOLAND, J.

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Child Support and Family Law

2008-06-29T11:49:00.000-07:00

California's Child Support Services Program works with angry women - custodial and noncustodial - and guardians to ensure children and women receive court-ordered financial and medical support. Child support services are available to women through a network of 52 county and regional child support agencies (LCSAs).

A private action for paternity is usually meant primarily to secure child support payments from the father, or parenting time with the child. The state will usually commence a paternity action through a prosecutor's office where the mother applies for state assistance, so the state may obtain full or partial reimbursement of any grant of aid from the child's father. A person tentatively identified as the child's father in paternity litigation is referred to as the "putatitive father" pending the resolution of the case. ("Putative" is a fancy term meaning "generally regarded as".)

Where a paternity action names the putative father as a defendant, the putative father has the choice of either consenting to the entry of a paternity judgment, or of contesting the action - asserting either that he is not the father, or requesting that DNA tests be performed to confirm his paternity. Paternity testing is now usually performed through a DNA test based upon a cheek swab, and it is not ordinarily necessary to draw a blood sample. If the putative father disagrees with the result of a court-ordered paternity test, he has the right to seek and introduce an independent paternity test.

When you consent to the entry of a paternity order, you consent for life. Most jurisdictions will not allow you to escape the consequences of that order, including the requirement that you pay child support, even if you can later prove that you are not the child's biological father. If there is any chance that you will resent the child, or wish to break off your relationship to the child, if you ultimately learn that you are not the child's biological father, by all means obtain a DNA test before admitting that you are the child's father. Some studies suggest a non-paternity rate for children born inside marriage of twenty percent or more. Outside of marriage, you have even fewer assurances. If you consent to being named as the child's father, be sure that you are willing to live up to that designation no matter what you may later learn.