Everybody knows that spousal support is basically a monthly sum of money paid to a spouse by the higher earning spouse for a specific period of time. The amount of support is either agreed upon or based on the earning spouse's ability to pay and the needs of the non-earning spouse.
According to the article, due to changing times there are more wives and mothers who work. As a result many states have trimmed back on the amount and duration of spousal support payments. Some states have even developed a formula for the duration of the payments based on the length of the marriage. There are negative consequences to a one size fits all apporach to spousal support.
An article I found online outlines some interesting points regarding spousal support in Virginia.
1. Negative Impact on Stay-at-Home Moms
Each case is different and while guidelines provide much needed consistency, the needs of a parent and children are not the same for all cases. Mothers who have not had college education or careers in order to raise a family are highly affected by this. They may receive spousal support for a certain period of time and be forced to work with little to no experience.
2. Virginia Spousal Support
In Virginia, if spouses do not agree on specific support amounts and time lengths, the courts are empowered to determine the amount and duration of support based on a family’s circumstances. The following factors are considered: the financial needs, resources and assets of the spouses, the standard of living during the marriage, the length of the marriage, the spouses' earning capacity.
The thing to note is that spousal support in California has not fallen to a formula. Spousal support is a multi factor analysis that provides the court with discretion to analyze and hopefully determine based upon the specific needs of the individuals.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Author's Notes
Friday, December 2, 2011
California Courts Open to Out of State Same Sex Divorces ?
According to a recent article out of state residents may be soon able to file for divorce in California. One of the legal obstacles facing same sex partners is the lack of access to courts to dissolve their relationship once the partnership ends.
Apparently in states like Texas, Oklahoma, Rhode Island judges have refused to grant divorces to lesbian or gay couples who went elsewhere to get married or have relocated with the reasoning that granting a divorce would constitute a form of official recognition of their marriage. Most of the couples were not asking a judge to grant them any property or support based upon their marriage, but just wanted to receive an order of dissolution.
The legal origin of these problems stems from what is referred to as the "domicile" rule, which means couples can only get divorced in the state in which they reside at the time of their break-up, regardless of where they lived when they got married. While this makes sense for heterosexual couples because they can receive a divorce in whatever state they live in, it doesn’t make sense for homosexual couples who can’t get divorced if they live in a state that won’t allow it.
California legislature has very recently passed a bill that can help couples who came to California in 2008 to get married, as well as those who marry in California in the future if Prop. 8 is repealed.
According to the article, starting on January 2012. If a couple got married in California but lives in a state that won't grant them a divorce, basically then California court will have jurisdiction to grant a dissolution. The divorce can proceed in the county where they got married.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Apparently in states like Texas, Oklahoma, Rhode Island judges have refused to grant divorces to lesbian or gay couples who went elsewhere to get married or have relocated with the reasoning that granting a divorce would constitute a form of official recognition of their marriage. Most of the couples were not asking a judge to grant them any property or support based upon their marriage, but just wanted to receive an order of dissolution.
The legal origin of these problems stems from what is referred to as the "domicile" rule, which means couples can only get divorced in the state in which they reside at the time of their break-up, regardless of where they lived when they got married. While this makes sense for heterosexual couples because they can receive a divorce in whatever state they live in, it doesn’t make sense for homosexual couples who can’t get divorced if they live in a state that won’t allow it.
California legislature has very recently passed a bill that can help couples who came to California in 2008 to get married, as well as those who marry in California in the future if Prop. 8 is repealed.
According to the article, starting on January 2012. If a couple got married in California but lives in a state that won't grant them a divorce, basically then California court will have jurisdiction to grant a dissolution. The divorce can proceed in the county where they got married.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Grandparents Visitation Rights
Recently, an article concerning the Connecticut Grandparents Visitation Rights Task Force began drafting legislation that will help grandparents gain more rights in Connecticut. The Task Force is comprised of representatives from the Aging, Judiciary and Children’s committees of the state Legislature, representatives from the Department of Children and Families, and included judges and lawyers who work in related fields.
The body of lawmakers and professionals met to hash out legislation to address the issue of grandparents and their rights to visit with grandchildren. The article states that when there is a stable marriage, often the grandparents have their time with their grandchildren. However due to modern strains of divorce and separation, grandparents are often left out after this family law event.
The article states that the members of the task force had difficulty determining whether the third party rights would be specifially attached to grandparents or would it cover relatives such as aunts and uncles or siblings. Currently, it is undecided at this time as to whether or not the task force will draft one piece of proposed legislation that covers all third party visitation or one that specifically addresses grandparents.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The body of lawmakers and professionals met to hash out legislation to address the issue of grandparents and their rights to visit with grandchildren. The article states that when there is a stable marriage, often the grandparents have their time with their grandchildren. However due to modern strains of divorce and separation, grandparents are often left out after this family law event.
The article states that the members of the task force had difficulty determining whether the third party rights would be specifially attached to grandparents or would it cover relatives such as aunts and uncles or siblings. Currently, it is undecided at this time as to whether or not the task force will draft one piece of proposed legislation that covers all third party visitation or one that specifically addresses grandparents.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Oklahoma Fatherhood Programs
A recent article I read concluded that Oklahoma needs more programs geared towards helping inexperienced fathers make support payments and generally preparing men for what comes with being a father. There are many unknowns one faces when becoming a father for the first time to an unmarried woman, or to being a father in the midst of a divorce.
The article stated that many men don't have the community support to learn to be good fathers (married or unmarried) and the state should have a fatherhood network to help men prepare for the emotional and financial stress of being a father. The article was quoted as stating that policy should be changed so fathers should be at poverty level before child support payments are determined.
Fatherhood does bring a lot of challenges when going through a family law event. However, that does not mean that Father's have no rights during a family law event. Father's under the laws have equal rights to the courts and equal rights to their children.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The article stated that many men don't have the community support to learn to be good fathers (married or unmarried) and the state should have a fatherhood network to help men prepare for the emotional and financial stress of being a father. The article was quoted as stating that policy should be changed so fathers should be at poverty level before child support payments are determined.
Fatherhood does bring a lot of challenges when going through a family law event. However, that does not mean that Father's have no rights during a family law event. Father's under the laws have equal rights to the courts and equal rights to their children.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
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