If you have children and are recently divorced, going though a divorce, or even thinking about getting divorced, you need to be aware of a new law that may significantly affect you. Signed into law by President Clinton on August 22, 1996, the Personal Responsibility and Work Opportunity Act contains the most sweeping child support enforcement measures in history -- measures that could, over the next 10 years, increase child support collections by $24-billion.
I was privileged to be present when President Clinton signed this historic bill. Referring to the duty of parents to meet their obligations to their children, he said, "There is no area where we need more personal responsibility than in child support." New requirements and new resources for the program will make it more difficult for parents to evade responsibility for their children.
The magnitude of non-support of children is indicated by recent census bureau data, which revealed that 11.5 million families with children had a parent living out of the home. And of this group, only 6.2 million (54 percent) had awards or agreements for child support. Further, of the total $17.7-billion owed for child support, $5.8-billion was not paid. Among those due support, receipt of payment was inconsistent, with about half receiving the full amount, about a quarter receiving partial payments, and about a quarter receiving nothing.
David Gray Ross
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Tuesday, July 27, 2010
When your ex won't pay
You read about them every day: so-called "Deadbeat Dads and Moms" who refuse to pay child support even though they're living in the lap of luxury. There they are, jetting off to Hawaii again without a thought for their offspring who go to school hungry and in ragged old clothes. But how accurate is this picture?
"The true 'Deadbeat' parent is quite rare," says Nancy Caruso Pascucci, a Chicago mediator, attorney, and an adjunct professor at the DePaul University College of Law. "If the non-custodial parent can't pay, there's usually a good financial reason for it: he or she has lost a job, agreed to more than he or she could really afford to pay in the settlement, or has remarried and has a new family to support."
Pascucci cites the example of one of her clients who -- before he hired her -- agreed to pay 70% of his net earnings to his ex for child support, and now doesn't have enough to live on. This situation is obviously unfair, but it's part of his legal separation agreement and he has to go back to court to try to get it changed. To avoid getting yourself into such a fix, Pascucci advises you to consult an attorney before signing any documents. "Your attorney can go over the ramifications of an agreement before you sign it," she says, "so you'll know exactly what you're agreeing to."
Diana Shepherd
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
"The true 'Deadbeat' parent is quite rare," says Nancy Caruso Pascucci, a Chicago mediator, attorney, and an adjunct professor at the DePaul University College of Law. "If the non-custodial parent can't pay, there's usually a good financial reason for it: he or she has lost a job, agreed to more than he or she could really afford to pay in the settlement, or has remarried and has a new family to support."
Pascucci cites the example of one of her clients who -- before he hired her -- agreed to pay 70% of his net earnings to his ex for child support, and now doesn't have enough to live on. This situation is obviously unfair, but it's part of his legal separation agreement and he has to go back to court to try to get it changed. To avoid getting yourself into such a fix, Pascucci advises you to consult an attorney before signing any documents. "Your attorney can go over the ramifications of an agreement before you sign it," she says, "so you'll know exactly what you're agreeing to."
Diana Shepherd
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
How Child Support Is Paid
There are several ways child support can be paid, and each method has advantages and disadvantages. One parent can directly pay the other by cash, check, or money order. This person-to-person method is simple and does not require waiting for any processing time by the state. The receiving parent must keep records and track the payments. Enforcement is more difficult and is not as automatic. If you agree to this type of payment, it is wise to include a provision that if payment is missed for a certain number of months, wage garnishment (see below) will be set up automatically.
Wage garnishment is another method of payment. Child support is deducted from the paying spouse's paycheck and sent either to the receiving spouse or to the state Child Support Enforcement Agency. Garnishment requires an extra step of formally notifying the paying parent's employer and setting a court date for the garnishment order. The parent receiving the support must handle all of the paperwork. The employer is legally obligated to withhold the support from the paycheck. The advantage of this method is that payment is made automatically. There are several disadvantages. First of all, the paying parent is likely to find it embarrassing, which might escalate hostilities between you. Second, there are limits to how much can be garnished from wages, so you may not be able to get the entire support amount this way. If your spouse is self-employed, you cannot garnish the wages. You also cannot prevent the paying spouse from quitting his job, which then puts you in the position of having to do more legwork to find the new employer and garnish again.
Brette McWhorter Sember
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Wage garnishment is another method of payment. Child support is deducted from the paying spouse's paycheck and sent either to the receiving spouse or to the state Child Support Enforcement Agency. Garnishment requires an extra step of formally notifying the paying parent's employer and setting a court date for the garnishment order. The parent receiving the support must handle all of the paperwork. The employer is legally obligated to withhold the support from the paycheck. The advantage of this method is that payment is made automatically. There are several disadvantages. First of all, the paying parent is likely to find it embarrassing, which might escalate hostilities between you. Second, there are limits to how much can be garnished from wages, so you may not be able to get the entire support amount this way. If your spouse is self-employed, you cannot garnish the wages. You also cannot prevent the paying spouse from quitting his job, which then puts you in the position of having to do more legwork to find the new employer and garnish again.
Brette McWhorter Sember
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Thursday, July 22, 2010
Using special masters to resolve post-divorce conflicts
This new role, recently introduced in Southern California, provides a useful alternative to other dispute resolution mechanisms for chronically conflicted divorced parents, particularly those who repeatedly look to the courts to resolve relatively minor issues in the family. It is also useful when one or both parents have significant psychopathology, when there are children with special needs. or children who are infants and toddlers in which significant negotiation needs to occur to coordinate parenting of their development. A big impetus to the establishment of this role was provided by a training session given by Dr. Joan Kelly in the fall of 1997, co-sponsored by the Divorce and Family Therapy Specialists, L.A. County Bar Family Law Section, and Cedars-Sinai Hospital. The participants in this seminar were surveyed after the seminar about their opinions and the results of this survey will be described later in this article.
What is a Child Custody Special Master?
It is a hybrid role involving aspects of a mediator, an arbitrator, a parent educator (particularly about developmental psychology), and a child custody evaluator. A Special Master's job is to resolve problems quickly by mediation where appropriate or by making decisions for the family where the parents cannot come to a decision, using quasi-judicial authority stipulated to by the parents in advance. Sometimes, the Special Master will focus the parents on their children's needs and educate them about developmental and psychological issues. The Special Master may issue written or oral decisions: a summer schedule might be written whereas the resolution of a weekend crisis by telephone may be done orally. Special Masters can be either mental health professionals or attorneys but, most importantly, they must be knowledgeable and have relevant experience.
Angus Strachan
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
What is a Child Custody Special Master?
It is a hybrid role involving aspects of a mediator, an arbitrator, a parent educator (particularly about developmental psychology), and a child custody evaluator. A Special Master's job is to resolve problems quickly by mediation where appropriate or by making decisions for the family where the parents cannot come to a decision, using quasi-judicial authority stipulated to by the parents in advance. Sometimes, the Special Master will focus the parents on their children's needs and educate them about developmental and psychological issues. The Special Master may issue written or oral decisions: a summer schedule might be written whereas the resolution of a weekend crisis by telephone may be done orally. Special Masters can be either mental health professionals or attorneys but, most importantly, they must be knowledgeable and have relevant experience.
Angus Strachan
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Who Decides: You or the Judge?
You and your spouse should be able to resolve the issues of custody and visitation privately or through mediation or collaborative programs. But if you can't reach an agreement on your own or through one of these resources, the only alternative is to have a judge make the decisions for you.
The judge is given one test to apply: What is in the best interest of the child? The best interests of the parents are irrelevant.
Take the case of a mother who has primary custody of a child and plans to remarry a man who lives 1,000 miles away. She wants to take the child and move to be with her new husband. The child's father protests that his weekend visits with the child would be impossible. If the move is allowed, the child will have to change schools, lose friends, and see the father only irregularly. Situations like this have become more frequent in recent years as our society becomes more mobile and employers transfer their employees around the world.
I have decided many cases with similar themes, some for the parent who moved, some for the stay-at-home parent. In one case in which I denied a move similar to the situation described above, the mother canceled the wedding to avoid losing substantial time with her child.
Be aware that when you take child issues to court, you are turning over complete control of major elements of their future to a judge who doesn't know you or your children. In most cases, the judge has had little or no training in child development or psychology.
Judge Roderic Duncan
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
The judge is given one test to apply: What is in the best interest of the child? The best interests of the parents are irrelevant.
Take the case of a mother who has primary custody of a child and plans to remarry a man who lives 1,000 miles away. She wants to take the child and move to be with her new husband. The child's father protests that his weekend visits with the child would be impossible. If the move is allowed, the child will have to change schools, lose friends, and see the father only irregularly. Situations like this have become more frequent in recent years as our society becomes more mobile and employers transfer their employees around the world.
I have decided many cases with similar themes, some for the parent who moved, some for the stay-at-home parent. In one case in which I denied a move similar to the situation described above, the mother canceled the wedding to avoid losing substantial time with her child.
Be aware that when you take child issues to court, you are turning over complete control of major elements of their future to a judge who doesn't know you or your children. In most cases, the judge has had little or no training in child development or psychology.
Judge Roderic Duncan
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Mediation Combination
Mediators can also be attorneys, therapists, or even accountants. Which combination is right for you?
You may have heard about some of the possible benefits of mediation: it can be easier on the kids and the pocket book, reduces conflict, is faster than bitter litigation, teaches more effective communication and parenting, creates more control of the process, and encourages self-generated solutions. But did you know that two mediators can be different as apples and avocados -- that their professional training and experience as well as personal style and beliefs can make them just-right or all-wrong for you? In general, most mediators have professional training and accreditation in either legal or therapeutic areas: lawyers, therapists, social workers, and clergy. Mediators with financial training -- such as accountants or financial planners -- are also becoming more common.
Here are a few examples of the possible combinations:
Attorney-Mediator: Choosing a mediator who is also an attorney or who has a legal background can be very beneficial in divorce cases. "An attorney would be able to advise clients about the law and what would happen if they went to court," says Genell Greenberg, an attorney-mediator practicing in San Diego. "In mediation, he or she is in a situation to guide the parties into equally informed decisions. Most people need to know what their legal rights are, and they should be knowledgeable about what would happen in certain situations. Whether or not they choose to do what the law provides is up to them, but they at least will have that information."
Diana Shepherd
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
You may have heard about some of the possible benefits of mediation: it can be easier on the kids and the pocket book, reduces conflict, is faster than bitter litigation, teaches more effective communication and parenting, creates more control of the process, and encourages self-generated solutions. But did you know that two mediators can be different as apples and avocados -- that their professional training and experience as well as personal style and beliefs can make them just-right or all-wrong for you? In general, most mediators have professional training and accreditation in either legal or therapeutic areas: lawyers, therapists, social workers, and clergy. Mediators with financial training -- such as accountants or financial planners -- are also becoming more common.
Here are a few examples of the possible combinations:
Attorney-Mediator: Choosing a mediator who is also an attorney or who has a legal background can be very beneficial in divorce cases. "An attorney would be able to advise clients about the law and what would happen if they went to court," says Genell Greenberg, an attorney-mediator practicing in San Diego. "In mediation, he or she is in a situation to guide the parties into equally informed decisions. Most people need to know what their legal rights are, and they should be knowledgeable about what would happen in certain situations. Whether or not they choose to do what the law provides is up to them, but they at least will have that information."
Diana Shepherd
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
What to Expect at a Deposition
Most people getting divorced never had a deposition taken before. There is not enough room here to adequately describe how one should handle oneself at a deposition. However, I thought it might be helpful to just list some of the areas of questions that you might be asked in any particular case. These are only for purposes of illustration.
You should definitely -- well in advance of your deposition -- meet with your lawyer and ask what kinds of questions you will be asked. It will, of course, be impossible for your lawyer to adequately predict all of the questions, or even all of the areas, although the more experience such a lawyer has in the field, the better he or she can answer you.
•State your name and address.
•List all residences since this suit was filed.
•Date of birth.
•Are you the respondent in this case?
•Do you understand the oath you just took? You understand you must tell the truth?
•Are you currently under any medication that would affect your ability to answer my questions?
•Are you in good health?
•With whom do you reside?
Paul L. Feinstein, Esq.
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
You should definitely -- well in advance of your deposition -- meet with your lawyer and ask what kinds of questions you will be asked. It will, of course, be impossible for your lawyer to adequately predict all of the questions, or even all of the areas, although the more experience such a lawyer has in the field, the better he or she can answer you.
•State your name and address.
•List all residences since this suit was filed.
•Date of birth.
•Are you the respondent in this case?
•Do you understand the oath you just took? You understand you must tell the truth?
•Are you currently under any medication that would affect your ability to answer my questions?
•Are you in good health?
•With whom do you reside?
Paul L. Feinstein, Esq.
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
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