To receive alimony, the receiving party would have to show that the supporting spouse can pay it. This would include looking at their income and expenses. So, to prove that alimony is too expensive, the supporting party would need to provide: W2s Pay stubs Records of their monthly expenses including all insurance, [...]
The first thing a judge must determine is whether a spouse is substantially dependent on the other. There are 16 factors judges typically look at, however, they are not limited to these. One of the most important factors is income, the wage gap between the partners. Outside of finances, the judge will [...]
A respected Family Law Attorney explains how the courts calculate child support, the worksheets they use, and what factors they consider. When calculating child support, the courts consider income, expenses for the child, who carries the child on insurance, and if there are extraordinary expenses like a wheelchair, therapy, or other major [...]
How long do you have to pay child support? Child support is usually required until the child turns 18 or graduates from high school, whichever comes later. Parties can agree to extend child support beyond this point in a consent order. It's crucial to remember to file a motion to terminate child [...]
A reliable Family Law Attorney details the top 3 child support mistakes she sees clients make and why they are so detrimental to their case. If they fail to show proof of income and expenses, lower their income on purpose, or fail to pay previously ordered child support. It could affect the [...]
A respected Family Law Attorney explains what will happen if someone tries to deliberately suppress their income to avoid child support payments. Often, when someone quits their job, the court uses old income when determining child support. If their income has decreased dramatically for other reasons, they must prove to the court [...]
A DWI dismissal is highly unlikely since a District Attorney would have to file paperwork with the court so that it becomes a matter of public record. Many organizations, like Mothers Against Drunk Driving, watch for these records and make problems for the District Attorneys. So, they rarely simply dismiss a DWI [...]
Criminal Defense Attorney Clarke Dummit relates a past case that illustrates possible jail time for a first-time DWI and how he used mitigating factors to reduce the sentence. Mitigating factors would include a clean driving record, being stopped for something minor like a tag light instead of a moving violation, and completing an [...]
In every DWI case, there is a warrantless arrest. The Fourth Amendment protects you from unreasonable search and seizure, but since a traffic stop isn't a strenuous hold, the standard is low. However, the arrest is serious, therefore we must make sure they have collected enough evidence in the field to uphold [...]
A domestic violence protective order is a civil order in which one party goes to the court ex parte (without the other party present) and explains why they are substantially frightened or feel harassed by an opposing party. 50B A 50B is for parties that have a domestic relationship (former spouses, parents, [...]
