HOW TO MODIFY CHILD SUPPORT

The amount of child support paid is based on the net income of the paying parent. For example, if there is one child, the parent would owe approximately 20% of his or her net income to the residential parent. However, what happens if that parent's income increases or decreases? In that case, you would have to file a Motion to Modify Support, and you would ask the court to increase or decrease the child support in order to reflect the new income level. Please be aware that you cannot enter court and ask for a modification every time the individual's income changes. There must be a "significant" change in income or circumstances in order to get the amount of child support modified.

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WHAT IS THE DIFFERENCE BETWEEN SOLE AND JOINT CUSTODY?

This may be surprising, but the answer to this question is likely not as easy as you think. There are two different types of custody that arise pertaining to a child. The first is physical custody, which designates with which parent the child will reside the majority of the time. Second is legal custody, which refers to the decision-making authority about major issues in the child's life. For example, when two parents are granted joint custody, that does not mean the child will spend equal time living with each parent. Instead, the term "joint" refers to the legal custody, and mandates that all major decisions in the young child's life will be discussed and made by both parents. This includes issues like religion, education, activites, etc. When two parents have joint custody of a child, one parent will have residential custody, menaing the child will reside with them the majority of the time.
When a court grants sole custody, this does not mean that only one parent will be allowed to have physical custody of the child. In fact, that rarely is the case. Instead, it usually refers to the fact that one parent will have the right to make all of the decisions in a child's life until that child is ready and able to make those decisions on his or her own. When sole custody is granted, the non-custodial parent will usually have visitation rights with the child, unless there are unique circumstances in a case making the parent a danger or unfit to handle a child.
Please contact one of our divorce or child custody lawyers for additional information or to schedule a free consultation.

WCZ
http://www.westmontattorneys.com

HOW IS PROPERTY DIVIDED IN A DIVORCE?

In a typical divorce, property division can be a very contested issue. Generally, the parties' property is divided into to categories: marital and non-marital property. Marital property is that property that was acquired during the course of the marriage, and non-marital property property that was acquired by the parties prior to the marriage. Generally, each party retains their non-marital property, and the marital property is divided according to the parties' agreement or the court's orders, which will usually try to provide each side with some valuable and necessary property. In addtition, there is some property that will be declared non-marital property and therefore, outside of the scope of the property to be divided even if it was acquired during the marriage. Contact one of our divorce lawyers today to learn more about this exception.

WCZ
http://www.westmontattorneys.com