- Divorce
- Child SupportAfter child support orders are issued, the payor(parent making the support payments)parent often ask if a Income and Wage Garnishment order is actually necessary. The payor parent asks if he/she can make monthly payments via check or cash so his/her employer does not get notified. The answer is NO. Wage assignment for child support is automatic; it is not discretionary. It must be ordered. However, it is the responsibility of the payee ( the parent receiving support) parent to have the Income Withholding For Support Order actually served on the employer for it to go into effect. Wage assignments make it much easier for both parents to carry on their support obligations. Most employers are used to seeing these types of orders and the HR dept routinely processes such orders.
- Child Custody and VisitationMost child custody orders include vacation and holiday schedules which shall be followed. Review your court orders so that you know the times and dates of all custody exchanges, where they should occur, and who is allowed to be present. Follow the agreement specifically. However, if you are many of the parents who end up changing the custody schedule to fit their needs, then follow the tips and advice below.
- Spousal SupportOccasionally, I get a potential client who comes into my office and says ” We both want a divorce, and agree to everything so can we get a divorce asap”, although this may be what the couple believes to be true, most often it is not. Usually, the couple does not know about the equalizing payment, the amount of spousal support or child support owed. Once the paying party realizes these numbers their position changes. Nonetheless, if a couple truly does agree on everything then the process of divorce is relatively simple. Assuming the jurisdictional requirements are met, one party files a Petition for Dissolution, the other party agrees to everything in the Petition and files a uncontested Response. Declarations of Disclosure are submitted and filed. Judgement paper work is filed with a MSA attached for the Judge to sign as a order. 6 months + 1 day later, the clerk enters a notice of entry of Judgment and the divorce is final.
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