“It’s not the size of the dog in the fight, it’s the size of the fight in the dog.” – Mark Twain
“Storms make trees take deeper roots” – Dolly Parton
“We have emotions but we can’t let emotions have us” – T.D. Jakes
“Sometimes good things fall apart so better things can fall together” – Marilyn Monroe
“You are not stuck where you are unless you decide to be” – Wayne W. Dyer

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Domestic Relations “Best Day Ever”

DICC SupportJust the words “Domestic Relations” sends shivers down my spine. Going to court to settle a child custody issue should be the last resort in my opinion. Working it out between both parents should always be attempted before letting the court system decide your fate or your child’s! Plus, I had always heard that the mother is always favored in the court system when it comes to child custody issues.  Of course that’s in a perfect world, with two mentally and emotionally stable parents who put the needs of their children first.… Read the rest


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A Broken System: Fighting To Be A Dad

The uphill challenge for father’s rights in the court system

We have a problem in the arena of divorce and custody. We have a system that is not impartial and often serves as a breeding ground for disingenuous and unethical actions committed by players in the legal arena and sometimes (knowingly and unknowingly) enabled by the very courts people believe will determine fact from fiction. Many fathers have an uphill challenge awaiting them as they seek what many others before the law and courts seek … fairness and the right to be heard.… Read the rest


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A Broken Court System: What are You Prepared to do?

Follow the money and the court motions…

Ignorance is bliss in some scenarios, and as a father having been involved in a contentious divorce and custody ordeal it was a luxury I found myself longing for at times. Facing a situation where one’s back is against the wall, inside a court environment that is overtly hostile towards those who represent themselves as a pro se litigant, is a place parents should venture with extreme caution. In my situation it came to a point where in keeping up with my own case at times I began to become curious and observe what I knew to be odd behavior and activity within the court and its players.… Read the rest


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A Broken System: Parental Alienation

Do family court lawyers and judges really have the child’s best interest in mind?

Parental alienation is victimizing the lives of countless good families—-parents and children—-all over the world with devastating repercussions. To the alienated parent, it can be a dizzying feeling of helplessness that grips you while frantically searching for answers to stop what is happening.

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A Broken System: Parental Alienation

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“Bus”ted

My ex-wife had a bad habit of neglecting to inform me when she would up and move my kids, at least four times they were uprooted. Having 50/50 custody it went as far as our young children keeping this vital information from me even on my custody week, a form of parental alienation.

During the school year we had an agreement that the kids would get on the school bus Monday morning to go to school and on the afternoon bus they would take that bus to their mother’s house. And vice-versa on my week.… Read the rest


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Alimony

Alimony is an order of a court for the support of one spouse by the other spouse. State law, which varies by state, governs the award of alimony to a spouse. On application of either party for spousal support, the court may decree an increase or decrease only upon a showing of a substantial and material change of circumstances. Alimony may terminate upon the death of either spouse, the marriage of the spouse receiving alimony or, if the Court finds that alimony should terminate in order to avoid a harsh and inequitable result.The Court may award permanent or temporary alimony or both to either party, and in so doing may consider, but not be limited to, the following factors:

  • The actual need;
  • Ability to pay;
  • The duration of the marriage;
  • The age of the parties;
  • The physical health of the parties;
  • The emotional health of the parties;
  • The standard of living established in the marriage
  • and the likelihood that each party can maintain a reasonably comparable standard of living;

  • The earning capacities of the parties;
  • The educational levels of the parties;
  • The vocational skills of the parties;
  • The employability of the parties;
  • The length of absence from the job market;
  • The custodial responsibilities for children of the party seeking alimony;
  • The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the availability of the training and employment;
  • The opportunity for future acquisitions of capital assets and income;
  • The history of the non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  • The history of the financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  • The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair; and
  • Any other factors which the court may deem relevant.
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Mediated Divorce

Mediated divorce is an alternative method to a divorce litigation. Under mediated divorce, a mediator assists both the parties with communication by providing information and suggestions to help resolve their differences. Divorce mediators may be attorneys who have experience in divorce cases or may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce mediation is more preferred because it is less tedious than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders.… Read the rest


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Child Support Calculator

How is child support calculated?

After the judge or support magistrate determines the income of both parents and makes the deductions allowable by law, (FICA, alimony, other specific expenses), the incomes are added together to get the “combined parental income”. Next, the judge or support magistrate selects a percentage based upon how many children in the household need to be supported. The combined parental income is multiplied by this percentage, and the amount is divided between the parents according to their incomes. The combined parental income level is set differently in every state, and levels are subject to change with time.… Read the rest


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Child Support Guidelines

Child support guidelines exist under state laws, which vary by state, to require the non-custodial parent, under normal circumstances, to pay child support based on a percentage of net or gross income. Child support guidelines are based on income, not expenses. The percentage of support is calculated based on the total number of children for which a parent has an obligation to support. Some state guidelines provide an adjustment for work-related child care costs.

Child support guidelines are founded on the premise that children should continue to receive the same level of support that would have been available to them had the family unit remained intact.… Read the rest


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Child Support

Child support is a parent’s legal obligation to contribute to the financial care and costs of raising his or her child. Usually support is provided until the child reaches the age of majority, or child’s emancipation before reaching majority or the child’s completion of secondary education. This obligation is enforceable both civilly and criminally.

In the context of custody or divorce action it refers to the money legally owed by one parent to the other for the expenses incurred for children of the marriage. In such cases, child support is determined as part of the divorce settlement along with other issues such as alimony, custody and visitation.… Read the rest

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