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Archive for the ‘Family Law’ Category

Always Consider the Cost of Raising a Child

16 Jan

This is an important post because people who pay child support or may be ordered to pay child support often think they are being asked to pay too much. In reality, the non-custodial parent who pays support rarely pays nearly as much to raise that child as the custodial parent.

There are tons of costs associated with raising a child that often are not thought or. That child will likely need more living space, daycare, you’ll have to buy more groceries,on  clothing more than others as they grow up so fast,if you are looking for comfortable clothing or accessories check the alpaca line for winter.

Now remember the toys, bigger car, education expenses, recreation expenses, health care, toys and added utility expenses. I’m sure there are other expenses not listed here.

The United States Department of Agriculture (USDA) surveys the average costs. You can find the 2009 report here. You can see that the costs vary depending on the income of the household, the number of children, and the age of the child/children. A single-parent one child family usually pays about $9,000-12,000 annually to raise a child. So, if for example, you are ordered to pay $300/mo., you would only be paying $3,600 towards that amount. As a side note, most people who actually have kids say that the USDA figures are far too low.

So if you have a support order you think needs modified, I would encourage you to use this USDA Cost of Raising a Child Calculator to determine if the amount really is unfair. Also if you are in a divorce or custody battle and you think you would save money by winning custody, think again. You most likely would actually save money by paying child support. Haven’t had kids yet? Use the calculator to make sure you can afford them before you do.

 
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Posted in Divorce/Dissolution, Family Law

 

Modifying Your Child Support Order

15 Jan

Often, I get questions from people who feel their child support order needs to be adjusted. Usually, it is the non-custodial parent who feels they are paying too much. Occasionally, it is the custodial parent who feels the non-custodial parent isn’t paying his/her share.

In Ohio, support modifications may be requested either through the court (Domestic Relations or Juvenile) that made the order or the Child Support Enforcement Agency (CSEA) in the county enforcing the order. Under most circumstances, you should start with the CSEA. It is usually faster and more conducive to self representation. Furthermore, courts often get peeved when you come to them without first exhausting your administrative remedies. You can take your matter up with the court if you disagree with the agency’s ruling.

For the court or CSEA to modify your support order, they must find that there has been a “change in circumstance” to justify it. To request a modification, at least one of the following must apply (see Ohio Administrative Code § 5101:12-60-05.1):

  • At least 36 months has past since the order was issued or last modified; or if 36 months have not passed, any of the following…
  • A minimum support order ($50/mo.) can be reviewed at any time;
  • One or both parents has become unemployed through no fault of his/her own (this means you can’t quit your job and expect your order to be modified) for at least 30 consecutive days;
  • One or both parents has become unemployed due to mass layoff or plant closing;
  • One or both parents has become permanently disabled (be sure to have medical proof and social security information);
  • Institutionalization or incarceration (see caveat * below);
  • One party has experienced a 30% decrease in income through no fault of his/her own or a 30% increase in income;
  • The child subject of the order has been emancipated (support remains in effect until child turns 18, or up to the 19th birthday if the child is still in school-you are still responsible for back child support).

If any of these apply, calculate the new amount of support. Here is a free resource that should give you a good idea of what the amount will be (assuming your figures are accurate of course). If the change is to your benefit, file the modification application. Contact the CSEA or visit their website to obtain the application.

When filing an application to modify support, always do it ASAP. Support modifications are not issued retroactively. That means the modification will only be effective as of the date of the application and not a day before.

* Note: some jurisdictions will not modify due to incarceration. These jurisdictions reason that it was your own fault for committing the crime. Therefore, it is a voluntary loss of income.

Please share your experiences with child support modifications.

 
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Posted in Family Law

 

Why it Pays (or at least doesn’t cost as much) to Reach an Agreement to Your Family Law Dispute

01 Oct

Court costs, attorney fees, accounting fees, property evaluations, added stress, emotional difficulty for your children… the list goes on and on. There’s  no question about it, family law disputes (including divorce, child custody, child support, etc.) are expensive and demoralizing. To limit these costs, you will want to reach a settlement as soon as practicable.

Now don’t get me wrong, I do not advocate taking a “raw deal.” You should not just give up all your property, child custody, to your ex for the sake of reaching an easy, cheap resolution. You need to make sure any deal is fair to you. What I am saying is that your goal in any family law dispute should be to reach a settlement that that is fair to all parties (especially children) involved.

I realize a settlement is easier said than done. You may have unrealistic expectations of what the outcome should be. You have an emotional attachment to the situation, and sometimes you just don’t think your ex deserves anything.

You need to prioritize what you want in a settlement, try to view your case from an outsider’s perspective, figure what you are willing to give up, know the law, and know what the court is likely to rule in your case should you fail to reach an agreement. If you hire a lawyer (and it is advisable to do so in contested situations), make sure to hire one with a reputation for achieving fair settlements for his or her clients. Failure to reach an agreement means the court will decide for you. Rulings in family law cases tend to be unpredictable and you will have no say once the court makes its decision. This is tantamount to going to eat at a restaurant and letting your server decide what you want to eat. You might like it, you might not, but it almost certainly won’t be what you would have wanted.

Do you agree or disagree? Have any personal experiences you’d like to share? Your comments are appreciated. Also, please feel free to send a confidential email to FreeForLaw.com from the Contact Us Link above. Your input will influence future discussion topics.

 
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Posted in Family Law

 
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