Dallas Family Law Section

My salary tends to follow "boom & bust" cylces where I will make low to moderate wages for two to three years then high wages for two to three years, then repeat cycle. How is alimony calculated in such a situation? The last 12 or 24 months income before filing for divorce?

Talk to your attorney about this. Only an attorney licensed in your state is going to have the right answer. Especially about alimony, because it’s based on so many factors–the income of the parties is only one (at least here).

If I was representing you, I’d try to use as many tax years as possible to show the cyclical nature of your income. The other attorney would try to use the most recent if it’s highest, of course.

I live in South carolina and me and my husband are going through a divorce. I was approached by a friend about looking into receiving alimony. My husband makes a decent amount of money, and I have been a housewife for 4 years. I only have a high school education and the way the economy is today, there are no jobs here. Does anyone know what the rules are in South Carolina for qaulifying for alimony?

You’ve only been a housewife for 4 years? Women/Men who get alimony are housewives/husbands for 10/15/20 years. Go get a job.

Many people are realizing the benefits of Premarital Agreements (”Prenup”). Money and time is saved when a Prenup is entered prior to marriage.

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Technorati Tags: Paul P. Cheng, Premarital, prenup, prenups, prenuptial

Top New York (NY) and New Jersey (NJ) Divorce/Child Support/Child Custody Lawyer/Attorney Adam Handler gives free advice to callers at The Law Link Show on Linkup Radio 93.5 FM.

Do you have to pay child support if there is no court order to do so? Watch this video to the end to hear the answer of the divorce and child support expert.

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- New York & New Jersey Family Law Attorney

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You too can ask a free Family Law/Divorce/Child Support/Child Custody question from top New York (NY) and New Jersey (NJ) Family Law/Divorce/Child Support/Child Custody Lawyer/Attorney Adam Handler by calling 1-718-324-5465 during the hours of the show.

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Technorati Tags: attorney, child, custody, divorce, lawyer, support

I’m actually typing up our own uncontested divorce papers. I’m keeping one vehicle and he’s keeping house, land, and one vehicle. I’m trying to find out how to put it in the paper. Anyone know of a website that has examples or anything?

It depends on what state you’re living in. Most states divide marital property under the theory of equitable division of assets and liabilities. If you come from one of these states, I would think you word your public notice by listing the property and then stating that each parties believes that this is an "equitable division of assets and liabilities."

However, a minority of states (9 the last I heard) still adhere to community property laws, meaning all marital assets and liabilities are divided 50/50. You must first determine whether the property is a "marital asset." If the property was acquired during the marriage or if the property was significantly improved during the marriage, then it would probably be considered a marital asset and would have to be split equally. If the property was acquired before marriage or if it was a gift to one spouse by a family member during the course of a marriage, it may be deemed separate property and would not necessarily have to be divided. Of course, even in a community property state, the parties could choose to agree upon a division of the property. If you’re in a community property state, then you should probably state in your notice that the parties agree on the division. Hope this helps.

I don’t have any money now, but I plan on having a lot in the very near future. How can I get a girl to sign a prenup saying that if we get divorced in 5 or 10 years, she gets nothing?

your funny

My ex is having my child and we decided it would be best if we didn’t get married. We discussed what we’re going to do and we decided that it would be best if I had custody of our child since I have a good paying job and I could give her everything she needs.
The thing is we both have no idea where to start to transfer custody from her to me since we were never married. How soon does it have to get done? What has to be done? And how long does it usually take?
The child will be born in Wisconsin by the way, I don’t know if that changes anything.

You are the father, you already have the legal right to custody.

Nothing needs to be done, although you might want to have a lawyer (family law) draw up a formal custody arrangement in case your admirably reasonable arrangement falls apart later.

My son’s father is being deployed to Iraq in May, but leaves in March for his training. Child support is already court ordered, but I know that there will be a huge increase in his pay once he leaves. What should I do about getting child support increased? Should I contact his national guard unit or child support enforcement now or should I wait? If I wait until he has gone, how do I show his income?
He is ordered to pay, but has just started to pay because he will most likely to have to serve 30 days before he leaves. His court date is on the 18th for that. He is over 3000 behind already.
He is in the national guard so when we processed the orders he was working a minimum wage job. His pay will increase.

the increase in pay we get over there is not our real salary so they never go by that. although since he will be getting regular active duty pay u should hit him up for that. and the army CAN enforce the child support order. your child is entitled to all of the servicemember’s BAH. when my husband was deployed i didn’t get a dime and his unit told me they can’t enforce it with no court order! i too am in army and know that’s not true.

the main reasons, situations, causes, that cause a wife and husband to break-up. Is it financial problems? Communication? I know cheating or having an affair is obvious, but I don’t think that happens as often for other reasons, what usually causes a wife and husband, even if they have children or not, what usually causes them to fight and argue that will ultimately end in divorce or separation? I am just wondering because the divorce rate is very high, like at least 50 percent of marriages end in divorce, what are the main causes of divorce?

it begins with being unable to communicate, or problem solve, but betrayal is the real reason it ends.

I want to be a lawyer in family law. I would especially like to hear from lawyers. Anyway, I have a few questions. And I would like to know what to expect.

Education wise, what does it take to go into family law?
After you graduate? What happens?
How much should I expect to make right after law school?
What is the highest salary I could make?

Thanks for the answers!

well education -wise it depends on the state you live in, remember that family law is civil, from private law so it is relevant to the legal system you live/study in. you first have to finish law school then you can specialise but it depends on the state you are in, the education of a lawyer varies tremendously from country to country.
in europe you’d need a bachelor inlaws to start with, in england plus an llm in family law plus the practice, in belgium llb plus 2 years specialising and 3 years practise for warrant.

when you are a recognised lawyer in your country/state and you wish to travel you will have to take a bar exam before being able to practice, family law involves court work.
right after law school you might find a firm which will take you up and pay you not a lot, some firms don’t even pay before you get a warrant, which varies from 6 months to 3 years which you need.
but if you do decent work they will pay you.
you can start making money when you are a lawyer with a warrant, which will not happen as soon as you’re out of law school.

as regards to salary depends on your location, if you become a top divorce lawyer you can make millions…