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Divorce Attorneys For Women Staunton Virginia:Child Support

Posted in Child Support on 7th February 2011

Divorce Attorneys For Women Staunton Virginia:Child Support

Divorce Attorneys For Women Staunton Virginia:Child Support
by www.StauntonDivorce.com

For the most part, child support payments are used for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. When determining an award of child support, a court in Staunton Virginia will look at all relevant facts upon the following issues:

The Needs of the children are a top concern for the courts in Staunton, VA. For example, a child with a medical condition or a developmentally disabled child will often require a higher level of child support than a healthy child.

The Age of the Children is also a consideration when determining child support payments in Staunton VA. Infants and younger children often cost less to support than older children, however daycare costs, which can be significant, will also be taken into account. Older children have many varying needs, and are looked at on a case by case basis.

The ability of the non custodial parent to pay is also a consideration when the judge in Staunton calculates child support. The court is limited in awarding child support by the ability of a parent to pay based on income from all sources. The new spouse’s earnings are only applicable if they are hiding assets or the paying parent is pleading that they are unable to pay due to debts or custodial parent is trying to show voluntary impoverishment. Generally your ability to pay does not include calculations of bills and debts such as car payments, credit cards, or any other non-essential item.

The earning capacity of the custodial parent will be taken in to account when calculating the amount of child support. Both parents have the responsibility to support their children, not just the parent paying child support. Thus, the earnings or earning capacity of the custodial parent will also be considered when determining child support levels. The custodial parent is not off the hook financially just because they have been awarded custody.

The Other Responsibilities of the Parents are also considered by the judge in Staunton Virginia. The other lawful responsibilities of both parents will also be looked into in determining child support. For example, if the non custodial parent is paying child support from a previous marriage (a common occurrence these days), the court will take that obligation into consideration. Necessities of life, such as rent and food will also be taken into account by the court. However, the court will not reduce child support payments to make it easier for the parent to pay discretionary obligations or luxuries. For example, a parent cannot provide for a charity or buy an expensive car at the expense of providing for his or her own children.

To assist the court in determining the proper amount of support, both parties will be required by the court to prepare a financial declaration that is

North Carolina Divorce Child Support Award Grounds Custody Lawyers Attorneys

Posted in Child Support on 22nd January 2011

North Carolina Divorce Child Support Award Grounds Custody Lawyers Attorneys

SHARON LYNN WOLFE, Plaintiff v. RONALD CHARLES WOLFE, Defendant v. JAMES THOMAS SUGG, II, Additional Party Defendant
COURT OF APPEALS OF NORTH CAROLINA
September 1, 1983, Heard in the Court of Appeals
October 4, 1983, Filed

Plaintiff-wife and defendant-husband separated in November, 1980. Plaintiff moved into a nearby apartment with additional party defendant James Thomas Sugg, and was retaining custody of the two minor children of the marriage.  Soon thereafter, plaintiff filed suit seeking, among other relief, divorce from defendant and custody of the children. A hearing was held,in which custody of both children was awarded to defendant. Plaintiff failed to surrender custody of the children. In December, 1981, plaintiff and defendant reached an agreement. Accordingly plaintiff delivered custody of the children to defendant. The case for child custody and divorce was heard and the order awarded custody of both children to defendant and among other things Sugg was joined as an additional party defendant and plaintiff was ordered to pay child support, ordered plaintiff to pay $ 300.00 per month in child support, sequestered the family home for use by defendant and the children; made provision for some marital property division; ordered visitation by plaintiff on each Tuesday and alternate weekends, on the condition that plaintiff post a $ 3000.00 bond, secured by her interest in the marital home, and ordered that failure to comply with terms of the visitation order would result in forfeiture of the bond, without notice or hearing. The order was appealed by plaintiff and additional party defendant.

Issues:

Whether the trial court erred in joining an additional defendant and was without power to enter orders concerning the additional defendant?
Whether the trial court erred in awarding child support to the father?
Whether the trial court’s failure to find facts about a child’s preference concerning custody was ground for reversing an award of custody?

Discussion:

This court held that the trial court erred in joining an additional defendant and was without power to enter orders concerning the additional defendant. Sugg was purportedly brought into the suit pursuant to the motion of defendant. Under G.S. 1A-1, Rule 14 of the Rules of Civil Procedure, a defendant may bring in an additional party who “is or may be liable to (defendant) for all or part of the plaintiff’s claims against him.” Rule 14(a). Clearly, Sugg could not possibly be liable to defendant for any of plaintiff’s claims against defendant for child custody or child support. This court held that the trial court erred in making Sugg a party and was without power to enter orders concerning Sugg.  The court further held that the trial court erred in awarding child support to the father because the trial court made no findings concerning the relative abilities of the mother and father to pay child support; Before awarding child

Divorce Attorneys For Women Newport News VA:Child Support

Posted in Child Support on 10th January 2011

Divorce Attorneys For Women Newport News VA:Child Support

Divorce Attorneys For Women Newport News Virginia: Child Support
by www.DivorceLawyersNewportNewsVa.com

For the most part, child support payments are used for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. When determining an award of child support, a court in Newport News Virginia will look at all relevant facts upon the following issues:

The Needs of the children are a top concern for the courts in Newport News, VA. For example, a child with a medical condition or a developmentally disabled child will often require a higher level of child support than a healthy child.

The Age of the Children is also a consideration when determining child support payments in Newport News VA. Infants and younger children often cost less to support than older children, however daycare costs, which can be significant, will also be taken into account. Older children have many varying needs, and are looked at on a case by case basis.

The ability of the non custodial parent to pay is also a consideration when the judge in Newport News calculates child support. The court is limited in awarding child support by the ability of a parent to pay based on income from all sources. The new spouse’s earnings are only applicable if they are hiding assets or the paying parent is pleading that they are unable to pay due to debts or custodial parent is trying to show voluntary impoverishment. Generally your ability to pay does not include calculations of bills and debts such as car payments, credit cards, or any other non-essential item.

The earning capacity of the custodial parent will be taken in to account when calculating the amount of child support. Both parents have the responsibility to support their children, not just the parent paying child support. Thus, the earnings or earning capacity of the custodial parent will also be considered when determining child support levels. The custodial parent is not off the hook financially just because they have been awarded custody.

The Other Responsibilities of the Parents are also considered by the judge in Newport News Virginia. The other lawful responsibilities of both parents will also be looked into in determining child support. For example, if the non custodial parent is paying child support from a previous marriage (a common occurrence these days), the court will take that obligation into consideration. Necessities of life, such as rent and food will also be taken into account by the court. However, the court will not reduce child support payments to make it easier for the parent to pay discretionary obligations or luxuries. For example, a parent cannot provide for a charity or buy an expensive car at the expense of providing for his or her own children.

To assist the court in determining the proper amount of support, both parties will be required by the court to