A Child Custody Lawyer in Virginia Beach Explains Child Support Basics

When a couple divorces, a court may order the non-custodial parent—the parent who does not live with the child—to pay child support. If the couple is unmarried, the court may still require the non-custodial parent to pay child support. In some cases where the child does not live with either parent, both parents may be required to pay child support to a third-party caretaking entity.

A Child Custody Lawyer in Virginia Beach Explains Child Support Basics

Obtaining Child Support

If you do not currently have child support, there are a few options to consider. You could make an out-of-court agreement with the co-parent, or you can get a court to issue a child support order. No matter which option you choose, you will have to know where the co-parent is, establish paternity, and use your state’s guidelines to determine the proper child support amount. Child support lawyers in Virginia Beach can help you figure out how to obtain child support and if you qualify.

How to get child support orders

Typically, child support orders will be issued by the family court. The court will base its decision on your state’s child support guidelines and will factor in the income of the non-custodial parent and the number of children. The court can deviate from the guidelines if there are legitimate reasons for doing so. If the payer’s income increases or the cost of living increases, then the court may raise the monthly payment.

Enforcing child support

Because child support is considered the right of a child, there are effective enforcement mechanisms in place to ensure the non-custodial parent pays. If the parent is delinquent on payments, the court may order wage garnishment, liens on their personal property, revoke their driver’s license, or make them unable to obtain a U.S. passport.

Modification of Child Support

Over time, life situations may change, and you may longer be able to afford your child support payments. If this is the case, then it is possible to go back to court and revise your payment amount. A child custody lawyer in Virginia Beach can educate you on the process and ensure that the courts treat you fairly during the modification hearings.

Child Support and Unmarried Couples

In a marriage, the husband is typically considered to be the father of the child. However, in unwed couples, the father has no legal rights about shared custody, visitation, or decisions about the child’s welfare. Should the mother want to seek child support payments, courts may order the alleged father to submit to DNA testing if he will not do it voluntarily.

Why has hired An Attorney?

Child support is often contentious and emotionally-charged. A good lawyer will help ensure that you treat justly and only pay the amount that is fair. Additionally, a lawyer will help you navigate through the modification process, should your circumstances change in the future.

The Firm For Men specializes in representing men in their divorce. We believe that divorce courts typically favor women, and have made it our mission to ensure men receive the outcomes they deserve. If you are a man and want to make sure that the courts treat you fairly during your divorce, feel free to reach out to us at our firm by phone at (757)383-9184.

Disclaimer:
This is not to be construed as legal advice and does not create attorney client relationship. All cases are different and should be reviewed by a lawyer to determine each person best case scenario.

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A Norfolk Divorce Lawyer’s Guide to Alimony

If you get divorced, you may be required to pay alimony. Alimony is money paid by one spouse to help support the other spouse until they can become self-sufficient. For example, if an investment banker and his stay-at-home wife were to get divorced, the banker may have to pay alimony to his former wife until she can get a job and support herself. Alimony laws tend to be relatively loose, and much of the decision often rests with the judge’s judgment. It recommended that you contact divorce lawyers in Norfolk, VA if alimony is a factor in your divorce. A good lawyer will ensure that you only pay what is fair and that your divorce reaches the best possible outcome.

The Firm For Men

 It depends on. Either the court can decide how much should pay for alimony, or the spouses can come to a separate, out of court agreement. There are a few guidelines that usually considered when calculating an alimony payment:

  • Age of the spouses
  • Amount of time it will take recipient to become economically self-sufficient
  • Standard of living during the marriage
  • Marriage length

 Though breadwinning men traditionally paid alimony to their wives, it’s important to understand that alimony is gender-neutral. As the prominence of women in the workforce has increased, so it has the frequency of woman to man alimony payments.

 How Long Will I Be Paying Alimony?

 Alimony is only meant to continue until the receiving spouse can support himself or herself. Many divorce settlements will specify an alimony termination date, but many won’t; in this case, only a later order by the court can stop the payment. There are multiple occurrences that will halt alimony payments, and divorce lawyers Norfolk, VA can help you understand the nuances of your case.

 How is Alimony Enforced?

 Alimony enforcement lacks the teeth of child support laws. If you are delinquent with payments, your wages won’t be garnished, and no lines will make against your property. However, the recipient spouse could use a contempt of court proceeding to take the delinquent spouse back to court. If this happens, then the same compliance measures that are available to enforce any court order can be used against the payer.

 What Else Do I Need to Know?

 If you pay alimony, you may be able to deduct the payments from your taxes. To do so; However, all of the below requirements must meet:

  • Your and your spouse have to file separate tax returns,
  • Payments have to made in cash
  • You cannot reside under the same roof as your former spouse
  • You cannot be paying alimony as a substitute for child support
  • You have no liability to complete a payment after the recipient spouse’s death

 A good divorce attorney in Norfolk can help you navigate through the murky water of alimony and spousal support laws. Since there is significant money involved in alimony payments, it is highly recommended that you hire a lawyer as soon as possible.

The Firm For Men specializes in representing men in their divorce. We believe that divorce courts typically favor women, and have made it our mission to ensure men receive the outcomes they deserve. If you are a man and want to make sure that the courts treat you fairly during your divorce, feel free to reach out to us at our firm or by phone at (757)383-9184.

Disclaimer:
This is not to be construed as legal advice and does not create attorney client relationship. All cases are different and should be reviewed by a lawyer to determine each person best case scenario.

Divorce Laws in the Military

Military Divorce

The actual process of divorce is the same for service members and their family as it is for their civilian counterparts. However, there are special rules that alter the specifics of a military divorce. If you live in Norfolk and are a member of the armed services, it is crucial that you try to find Norfolk divorce lawyers who know these key differences and can help you deal with them.

Divorce Laws in the Military

Since military service members are technically federal employees, federal laws must be taken into account when filing for divorce. For example, federal laws will determine where the couple will go to court and how the military pension will divide. At the same time, the federal government has no jurisdiction over alimony, child support, or spousal support, so the state determines these laws. Understanding the law is the first step in any divorce, and divorce lawyers Norfolk VA can give you all the information you need.

 

Filing for Divorce

States will allow service members or their families to file for divorce in whichever state they stationed. When it comes time to file for divorce, the couple has three options:

1) They can file for divorce in the state in which the military member stationed.

2)They can file for divorce in the state where the military member is a legal resident

3) They can file for divorce where the spouse resides

Once the decision is made, the divorce laws of the state where the petition was filed will kick in. Alimony, child support, and spousal support will all be governed by that state. A divorce attorney in Norfolk can bring you up to speed on the state divorce laws and help you pick the best option.

The Pension

The military pension may be divided in the case of a military divorce. The Uniformed Services Spouses’ Protection Act (USFSPA) allows the pension to be treated either as sole or community property depending on state laws. Note that there is no federal law governing the division of the pension, so it is important to ask divorce lawyers in Norfolk VA what Virginia’s laws will mean for your pension.

In most cases, active duty servicemen and women are protected from divorce by the Service members Civil Relief Act (SCRA). The SCRA states that serving military members cannot begin divorce proceedings or be sued during active duty or for 60 days following active duty.

If the spouse and service member are married for ten years or more, then the spouse will automatically get a chunk of the retirement benefits no matter what. This is known under the ten-year rule, and the payment is made directly from the Defense Finance and Accounting Service (DFAS).

Because military members are federal employees, the divorce laws are more complicated than they are for civilians. It highly recommended that you hire Norfolk divorce lawyers to handle your case. With a good attorney, your case has a much higher chance of reaching a positive outcome.

The Firm For Men specializes in representing men in their divorce. We believe that divorce courts typically favor women and have made it our mission to ensure men receive the outcomes they deserve. If you are a man and want to make sure that the courts treat you fairly during your divorce, feel free to reach out to us at (757)383-9184.

Disclaimer:
This is not to be construed as legal advice and does not create attorney client relationship. All cases are different and should be reviewed by a lawyer to determine each person best case scenario.

How Military Divorce Lawyers Help Clients Safeguard Their Interests

Divorce cases are on the rise, no doubt. The law that governs it has however not changed much. Because of its growing number, many are having relationships that are strictly guided by law in a manner that breaking a single rule may end up causing you a lifetime agony.

While most people are available to receive regular updates and hold one-on-one consultative sessions with divorce lawyers, those serving in the military may find it quite a challenge. A divorce case may be ongoing when the military officer is carrying out assignment in a different state or abroad. This reality has made the lives of many servicemen and women quite challenging.

Military divorce presents unique issues. That’s why there are military divorce attorneys to offer the necessary legal representation and shed more light on the circumstances that surround such a divorce so that you fully understand your rights, those of your spouse, and your children’s as well.

It’s important to note that military divorce involves a lot more legal matters than a normal divorce. Understanding every aspect of these legal issues is very important as it helps you make informed decisions; from finances, property, to parenting and child support, where children are involved.

Pension is one of the areas that affect those in uniform. It’s governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA). This law stipulates that the state where the partner in the military resides can divide the pension between the spouses.

Other aspects of military divorce include health care coverage, Thrift Savings Plan (TSP), and Survivor Benefit Plan (SBP), all of which should be taken into consideration to ensure that the military officer doesn’t lose any assets in relation to these specific aspects.

For a military serviceman, the best thing to do is seek the services of a divorce lawyer for men Virginia Beach. There are several advantages that come with working with an attorney who provides military divorce services exclusively to men. One of the advantages is the in depth knowledge of the rights of a military officer, the assets considered in the divorce, and a host of other relevant aspects that, if not properly handled, may end up causing financial losses.

Specializing in offering services to men also means developing the requisite skills to argue cases for a man so that his rights aren’t infringed upon even if he’s away in service in a different state or country.

Still, you have to ensure that your choice attorney is one who’s experienced in the area of military divorce. This is basically to safeguard your interests and ensure that the fee you pay doesn’t go into waste.

Disclaimer:
This is not to be construed as legal advice and does not create attorney client relationship. All cases are different and should be reviewed by a lawyer to determine each person best case scenario.

Child Support Lawyers Who Offer Their Services Exclusively To Men

Child support has been a very contentious area of the law, especially on its application to men. There are many couples who dread the prospect of a divorce because of child support issues. Moreover, some men also argue that child support is a new booming business for women. That’s neither wrong nor true.

The biggest contention when it comes to child support in most cases is giving money to your ex who’s the custodian of your child or children. That feeling has seen many people enter into legal tussles to avoid paying child support to their ex even when they’re actually willing to support their children.

Law being what it is, nothing much can be done unless the law itself is revisited so as to bring it to light of the current developments in relationships and divorce cases. Because the law, in most cases, automatically gives the female partner the custody of the children, men have decried its state. Naturally, or by design, the legal system often favors women in divorce cases, something that has seen many men suffer silently with nothing much to do.

The professional, emotional, and financial lives of these men are adversely affected as a result. The plight of these men has inspired specific child support lawyers to offer child support related services to men alone.

Anyone who’s going through a divorce case, where children are involved, the best thing to do is seek the services of a child support lawyer. Even though the law spells out how the child support cases are to be decided, there is no doubt that the litigation process has a lot of bearing on the outcome of the case.

For men, seeking the services of a legal firm that offers its services exclusively to men is the best thing to do. The advantage of working with a divorce lawyer for men Virginia Beach is because they specialize on handling cases for men, which means a deep understanding of men’s rights in a divorce case, including child support, visitation, parenting, and cases of unmarried couples.

By holding an initial consultative session with the child support lawyer, you get a better understanding of what the law spells out for you as a man. At the same time, it provides the lawyer with insight on your unique situation, financial background, and other relevant aspects that will help the lawyer argue your case.

With professional representation from an experienced child support lawyer, you can always get child support amounts that are sensitive to your true financial status without making demands that are beyond your means.

Child support services for men are available for all, including the men in military service, who may not be physically available during the divorce process. Such services are meant to create fairness to both parents and ensure that everything is done to the child’s best interest.

Disclaimer:
This is not to be construed as legal advice and does not create attorney client relationship. All cases are different and should be reviewed by a lawyer to determine each person best case scenario.