Many usually assume that the worst part is over when the court finalizes the child support order. While in some cases it actually is, in others it is not. Sadly, there are more than a handful of delinquent parents out there. They either refuse to or forget to pay child support on time. When that happens, several methods can be used to collect overdue child support.
The easiest way is to register your child support order for automatic income withholding. In this case, the due amount is automatically deducted from the paying parent’s paycheck by their employer itself. Usually, the amount deducted from the paycheck is limited to less than half of it. Not just income withholding, overdue child support payments can also be collected from tax refunds.
The outcomes of failing to pay child support on time can be severe and range from fines to arrests. Suspension of the driver’s license and also imposing restrictions on passports are few other penalties as well. Also, liens may be placed on the property such as houses or vehicles belonging to the negligent parent. Such liens prevent them from selling the property before paying up overdue child support payments. In other cases, the bank accounts may be frozen until the overdue support payments are made.
In addition to payment of the due amount, fines will also be enforced for the late payments as a penalty. While arrests are usually the last course of action in such cases, even that is not uncommon today. Typically, every measure possible is taken to make sure that the paying parent pays up.
Finalizing the amount of child support or collecting child support on time can be complicated. There are many actions that you can take if you are suffering from not receiving child support payments on time. Child Support Lawyers in Orlando FL are always ready to help you out. Call Erin Morse at her law office now to get the best legal counsel for your case.
You might be wondering if a “kitchen table divorce” is a real thing.
Well, it is. A kitchen table divorce is a divorce process that’s resolved within the comfort of your own home –often at the kitchen table, hence the term “kitchen table divorce.” In this type of divorce process, the couple attempts to work out the entire divorce process with little or no help from a divorce attorney.
However, for this process to work out effectively, the divorcing couple would have to agree on all the terms of the divorce. This includes factors such as child custody, child support, and even property division. Sometimes, couples can reach agreements completely on their own, while other times a mediator can be used to help settle the divorce case. Many courts publish divorce paperwork on their websites. So, for the procedure, once the paperwork has been filled out by each spouse, the forms will then be submitted to the judge to be approved.
Kitchen table divorce proceedings normally work out for couples that can come to an agreement and have equal power in bargaining. For couples that experience contentious factors, this option might not be the best choice. For instance, if one of the spouses has control over all the finances, and doesn’t allow a fair share to be established, it would be a good idea to consult with an attorney. That way, you would be able to understand your legal right which would ensure that one spouse doesn’t end up taken advantage of.
Despite certain drawbacks, a kitchen table divorce process can offer a significant amount of advantages. These include avoiding the drastic costs, stress, and leaving the outcomes in the hands of the judge. While couples typically wouldn’t need the help of an attorney in this kind of a situation, an attorney can still be helpful and offer legal advice to ensure that the paperwork has been completed properly.
If you’re looking for the best divorce attorney Lake Mary FL, The Law Office of Erin Morse is the place for you. We guarantee the best attorneys and the best services in the market to all our clients. Expect the best outcomes from your case with least hassle with our firm because that is our priority. Contact us now for a consultation!
So you’ve been served with your spouse’s divorce petition now you may be wondering how to respond. The following are tips to draft a counterclaim to the divorce petition appropriately.
- List all property.
When a spouse drafts his/her counterclaim, it should list out all assets possessed to divide property for the divorce properly.
- Address child custody and support.
Be sure that you have clearly defined how you would want the court to assign legal and physical custody of the children. The claim should also include the request for child support if required.
- If appropriate, request alimony.
If you absolutely require alimony, it is essential to include it in the counterclaim. This is because failure to do so would then result in the inability to request for support at the trial.
- Provide evidence of fault for the fault-based divorce.
If the fault isn’t claimed in a divorce petition or counterclaim, it can’t be requested later on without the amendment of the counterclaim.
- Tell the truth.
If you’re ever in doubt during any procedures, be truthful. You could save yourself from undermining your own credibility that way.
- Be thorough.
Give your counterclaim the time it deserves. This means you should either thoroughly re-read or edit as much information as possible to make sure everything is accomplished the way you want it to.
- Clarity is essential.
When drafting the counterclaim, be clear and concise in your requests.
- Use an attorney.
If there are any complications in you and your spouse’s business interests, an attorney specializing in divorce can be of service. The attorney would also help you understand your requests and help you with anything that may be overlooked.
Searching for a competent attorney to help you with your divorce case isn’t easy. But you have come to the right place. The Law Office of Erin Morse is one of the most reputed law firms in Orlando. They guarantee you will be provided with the best Orlando divorce attorney for your case when you choose Erin Morse Law Firm to be your legal support. Contact them now!
It’s probably known to both parents that when parents’ divorce, typically one parent pays child support to the other spouse to help the child with his daily expenses. This includes food, housing, clothing, etc. However, a courtroom can’t predict the medical expenses of a child. This means monthly expenses may not always be enough to cover a child’s expenses.
So how do parents pay for children’s medical expenses after a divorce?
Well, in most courtrooms, they typically factor the costs of the medical insurance premiums to the award of the child support. For example, in some states such as Georgia, the judges make use of a child support worksheet. This would help determine the child support required based on the income of both parents. It would also include the number of expenses including health insurance premiums.
If there are special medical expenses that parents know would be a requirement in the future, both spouses can negotiate how to make the payment as part of their settlement agreement.
If couples are going through a divorce and issues about children with medical problems arise, it is essential to bring the information to the lawyer’s attention.
A local child support attorney Orlando FL would be able to provide a significant amount of advice on the best ways to divide expenses. This includes making sure the client spouse won’t be the one entirely responsible for these medical expenses of the child without the contribution of the other parent.
No matter what the situation of the child is medically, it is essential to remember that courts won’t force parents to pay for medical expenses of the child. This is considered in the event that the other parent is paying his/her fair share. If there are any other additional questions regarding medical expenses, a competent attorney would be able to provide the knowledge required.
The Law Office of Erin Morse is a Family law Firm consisting of some of the best attorneys in the state. Through competence, skills, and experience, attorneys from The Erin Morse Firm guarantee to make sure client cases go in the right direction. Contact the Erin Morse Firm now, for a consultation!
Generally, when it comes to established parenthood, there are underlying parental rights that the parents would have. These laws are well-established and provide parents with the rights to:
• Legally make decisions regarding the child’s health and general welfare of the child.
• Have legal, physical custody or visitation with their child.
• Provide financial support to care for the child.
The courts are normally very empathetic and have a significant amount of respect for parent-child bonds. They also attempt to keep parents and children together, whenever it is possible and legally correct.
Termination of the legal custody rights of parents is ordinarily available for extreme circumstances. This is because the termination results in:
• Permanently ending the parent-child relationship.
• Cutting off all rights to any inheritance the parent may have.
• Cuts all rights of custody and visitation from the parents. This includes the right to talk to the child.
• The parent would be removed from the child’s birth certificate.
• The parent doesn’t have to pay child support.
• The child can be up for adoption without the permission of the parents.
Only in extreme cases would there be a requirement for termination of parental rights. The judge may terminate both the legal parental rights as well as the custodial rights if there is proof the parent is unfit to care for the child.
Involuntary termination of parental rights differs in different states. However, the most common grounds for termination include:
• Abandonment by the parent.
• Severe abuse or neglect from the parent.
• Sexual harassment.
• Long-term mental illnesses of the parent.
• Long-term drug or alcohol abuse of the parent.
• If the parent murdered the other parent.
• If the parent gave up his rights voluntarily.
Handling these issues can be intensely complex and difficult to manage alone. The best thing to do would be contacting the best possible child support attorney Orlando FL. If that’s what you’re looking for, The Law Office of Erin Morse is here to help.
The Erin Morse Firm provides competent, experienced, and skilled lawyers to clients while guaranteeing their cases would be diverted in the right direction. Contact The Law Office of Erin Morse for a consultation now!
When a spouse first comes to the conclusion that they want to get a divorce, the primary fear factor is having to discuss that with the other spouse. However, it may be unlikely to come as a surprise. In most marriages that are unhappy, both spouses generally have an idea to what’s being missed.
However, the best way to have that discussion is through picking a time that’s quiet, uninterrupted, and where only both spouses are present for the conversation.
Once the topic of divorce first comes up between spouses, the other spouse may initially resist it. This may be done through ways of attempting to fix things and the other spouse may suggest counseling or other forms of therapy. If the spouse is open to it, it is essential to try pursuing it. After all, a marriage shouldn’t be ended simply after a few seconds on thoughts about divorce. However, if the spouse is certain they want to get a divorce, it is essential to him/her to prepare themselves for the discussion that they want to end things permanently.
After the conversation about divorce with the other spouse is over, it is essential to contact an experienced and professional Family Lawyer Orlando as soon as possible. It would be helpful to consult an attorney to discuss the divorce proceeding, Once the topic of divorce has been discussed, it’s normal to find that there may be some hostility with the other spouse. Coming to an agreement with a judge can be done to ensure there is proper division of assets and property. The final step would be for both spouses to come to an agreement on permanent solutions for the divorce-related issues or go to trial and get the judge to make the decisions for the spouses.
To be properly guided through the process, help from a competent lawyer is a must. The Law Office of Erin Morse hears you in your time of need. Our priority is to help our clients in need. Through a group of professional and experienced lawyers, Erin Morse Law Firm guaranatees an exceptional service to all clients.
The new tax bill that is effective from 1st Jan 2019 will affect the payment or receipt of alimony. That is only for those who divorce after 31st Dec 2018 as it is not retroactive. The effects may be considered good or bad depending on whether you’re more likely to be paying or receiving alimony. Depending on these consequences, it may be in your best interests to divorce before or after 31st Dec 2018. That is if you are seriously considering divorce.
The new tax bill makes it more or less similar to the current tax law for child support payments. Under the current tax law, child support isn’t considered as taxable income for recipients nor as tax deduction for payers. But the current law recognizes alimony as a tax deduction by payers and taxable income for recipients. Once the new tax bill goes into effect that will not be the case. Instead, alimony will be treated in the same way as child support is under the current law.
So, for those likely to pay alimony, the new tax bill will not be as favorable as the current one. That is because your alimony payments will not be tax deductible anymore. Instead, you’ll have to pay tax for that amount as well. Therefore, it is best to hasten and finalize the divorce before 31st Dec 2018 in that case.
But if you are instead on the receiving end, it may be wiser to divorce in 2019. That is because under the new law you will not be required to report alimony as taxable income. Instead, you get to keep all of it tax-free.
When deciding child custody and visitation, there are two primary decision makers in the scenario. This includes the parents themselves and the judges (courts). In this article, we’ll be discussing the judges as decision makers for the child visitation and child support.
When two spouses in a marriage are heading for divorce, child custody is something that will come up if the spouses have children together. If both spouses can’t agree on proper child support and visitation procedure, it would have to be argued in courts. This may have to be done twice.
• The first time is done optionally – A preliminary proceeding (motion hearing). In this scenario, the judge makes a temporary decision on the matter until the divorce ends.
• The second time, the argument is done at the final divorce trial.
Judges generally appoint neutral experts for gathering information and preparing reports. These reports would include recommendations about custody and visitation matters.
The courts will also consider any evidence that the attorney of each spouse would be able to present about what’s in favor of the child’s best interest.
Typically, the following factors would be looked into as evidence for child custody and visitation:
- The mental and physical health of all parties involved.
- The adjustment of the child to his/her home life, school life, and community.
- If either one of the parents is the primary caretakers of the child or is a stay-at-home parent.
- The people in the child’s life who are important to him/her. This includes grandparents, siblings, and other family members.
- How well the child bonds with both parents/
- The religious and cultural upbringing of the child.
- If the child is old enough to make his/her own decision about the custody options.
A while after the courtroom trial, the judge will issue a final written divorce order. Once a conclusion has been made, the decision would become final.
Through the entire process, it is essential to make sure both parents have a skilled child support attorney Orlando to guide them appropriately and support throughout the whole process. One of the best attorneys in Orlando, FL is The Law Office of Erin Morse. At the Erin Morse Firm, experienced and professional lawyers make it their priority to ensure client cases go in the right direction. The Erin Morse Firm hears you in your time of need. Contact us now!
When going through a divorce, both parties of a divorce might feel a sense of uncertainty in the process. Being informed about the right decisions and the type of divorce process utilized should be the primary consideration for each party involved.
So what exactly is Divorce Mediation?
This type of mediation is used to allow spouses to directly negotiate with each other with the help of a mediator. However, the mediator involved doesn’t have the power to make decisions like an arbitrator or judge. The mediator concentrates on determining each party’s best interest as opposed to the entitlements or positions.
In the event of Divorce Mediation, the mediator would meet with both parties in a conference like setting at least once. There may be individual meetings between each spouse and their mediator.
The benefits of Divorce Mediation could be as follows:
• This process could save time, costs, and sometimes acquired distress associated with the traditional divorce procedure.
• Divorce mediation typically ensures communication, respect, and helps protect future relationships between both parties of the divorce.
• Divorce Mediation focuses on solving problems and resolving issues from a client’s perspective.
The essential considerations in divorce procedure options:
• By law, a mediator can’t give legal advice.
• During the mediation process, the attorney involved plays an advisory role.
• During the mediation process, each spouse’s attorney doesn’t necessarily have to be present in every Mediation session.
• Each spouse involved should have an attorney who is experienced in Mediation.
• Mediation is typically used to resolve issues rather than make a final decision.
Whichever the process selected by either party involved in the divorce, it is essential for both spouses to choose from one of the best divorce lawyers in Orlando. By doing so, the lawyer could provide the necessary support and information required by the client to ensure whatever happens is in the best interest of both spouses.
The Erin Morse Law Firm is a Family Law firm based in Orlando Florida. The Law Office of Erin Morse comprises a set of experienced and skilled attorneys to make sure the client’s case is diverted to the right direction while offering the best service possible.
A deposition is merely a session where answers are given to a series of questions asked by the opposing attorney. The individual and their lawyer would go to a mutually agreed upon office for the discussion of answering the questions before a court reporter.
The court reporter would place the party involved under oath. The lawyer of the individual can be present throughout the entire session. It is important to remember that this procedure would not be taken place in front of a courtroom and a judge or jury would not be present during the session of deposition.
In this event, the opposing attorney would be interested in trying to interpret multiple things about the individual and the facts about their case. Whatever is said during this procedure would be transcribed by the reporter and would be filed in the divorce case of the individual. In this case, if appropriate, the opposing council party would be able to confront the individual with the prior deposition testimony at any subsequent hearings or trial.
When going through the procedure, having a competent Orlando divorce Lawyer would be able to help the individual get through the process sufficiently. However, a few ways to get through the divorce deposition are as follows:
- Staying calm before and during the deposition.
- Listening carefully to each question.
- All answers would be known for each question; therefore, nerves should be calmed.
- All questions should be adequately understood before answering.
- The truth should be told.
The tips mentioned above would help each get through their divorce depositions easily. However, with the support of an adequate lawyer, the entire divorce procedure can be performed with the best interest of the client’s situation.
The Erin Morse Law Firm is a Family Law firm based in Orlando, Florida. The Law Office of Erin Morse ensures that clients are provided with optimal services as well as competent and a skilled set of staff to make sure the case goes in the right direction.