Divorce Law for Women » Child Support http://womensdivorcelawreview.com Sun, 14 Apr 2013 22:43:29 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 Common Law Marriage & Domestic Partnerships http://womensdivorcelawreview.com/common-law-marriage-permission-children-will-guardian-parent-rights/ http://womensdivorcelawreview.com/common-law-marriage-permission-children-will-guardian-parent-rights/#comments Mon, 16 Jul 2012 21:46:59 +0000 gregorydickson http://womensdivorcelawreview.com/?p=36 What about common law marriage?

THE MYTH: There is a common misconception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States. It is extremely important for women to know their rights. Not just in relation to children, but in relation to their  individual rights. Even if you shared a home with your partner for 15 years, and have several children together, if that relationship suddenly ends, you might find yourself without a home, unless there’s a contract in place.

Only 15 states recognize common law marriage. You can approach your attorney to help you draw up a simple document that gives you the same rights as a married woman, even if you’re not married. Do it for your peace of mind, and your children’s security.

IF YOU LIVE IN A STATE THAT DOES NOT RECOGNIZE COMMON LAW MARRIAGE, there is no way to form a common law marriage, no matter how long you live with your partner. There is one catch: if you spend time in a state that does recognize common law marriage, “hold yourself out as married,” and then return or move to a state that doesn’t recognize it, you are still married (since states all recognize marriages that occurred in other states). However, this is murky legal territory and we don’t recommend experimenting with it! In situations like these, the mother is entitled to approach district court for the area she lives in to claim support from the father of the child. The court will make an order for an appropriate amount.

Is common law marriage a good thing for those seeking a legal same sex marriage? Perhaps, but only if they reside in one of those states or are willing to move to one of them. While there are currently many states permitting the unions and many same sex couples are marrying in those states, it is not a large enough number of states that it will accommodate the majority or even half of the number of same sex couples seeking a legal marriage in the US. Should a government have the power to tell you who you can marry and who you cannot in this day and age? That is up to your own personal opinion, but with the changes being made to help these couples, it would not be surprising to see in the next few years the entire country permitting same sex marriages.

Domestic partnerships are not treated like marriage under federal law. In addition to state-wide registries, many towns and cities have domestic partner registries where domestic partners (defined differently in different places — most include all couples, but a few are limited to same-sex couples only) can sign an affidavit that they meet certain criteria, pay a small fee, and become “registered” domestic partners. Usually these registries offer no immediate benefits, but other entities — like employers or insurance companies — can, if they wish, rely on the registry’s information to decide who is eligible for domestic partner health benefits, different insurance rates, etc. To find out if your locality registers domestic partners, contact the local agency that issues marriage licenses.

 

 We are unable to give legal advice on any personal situations.  If you have additional questions about common law marriage in your state, seek the assistance of a lawyer.

]]> http://womensdivorcelawreview.com/common-law-marriage-permission-children-will-guardian-parent-rights/feed/ 1 How do I change my child support or visitation after my divorce is final? http://womensdivorcelawreview.com/child-support-visitation-divorce-law-women-motion-modify/ http://womensdivorcelawreview.com/child-support-visitation-divorce-law-women-motion-modify/#comments Sun, 20 May 2012 15:58:12 +0000 gregorydickson http://womensdivorcelawreview.com/?p=11 In most states, after a divorce is final, and there is a material change in one of the parents situation, you are allows to ask the Court to modify the agreement. For example, on parent may have a new job where they make less money and they want to reduce their child support. Or you may have found out that your ex-husband is now making more money and you want the Court to reconsider the child support amount. In most states there are no specific rules that state the exact circumstances that will allow the Court to reconsider these topics but you can use your judgement to understand when a material change has taken place.
When considering whether or not it is appropriate to file a motion to modify child support or visitation, you should first do your homework, actually read your existing decree. Most decrees, if you had a good attorney in the first place, will use percentages of support instead of specific amounts. For example, an ex-spouse may be required to give 20% of their gross income as child support. If you know or suspect that their income has changed but they have not changed that amount, then they may be in contempt of the decree and you can ask the Court to enforce the decree as it is a Court order. Another example is if you are the custodial parent and you have a large medical expense for your child. A good decree is going to state that the other parent has to pay a certain percentage of medical expenses. If that is not happening or if something material has changed, such as an illness, then that is when you should talk to an attorney about filing a motion to modify support with the Court.
Another aspect to consider is if there have been small changes in income, but the difference in the ex-parents income is now over a certain threshold, it may have a larger effect depending on the child support guidelines. For example, if your income was within 5% of each other then the Court may have originally considered your income equal and not allowed a child support payment if you have equal time with the child. However, if one parents income went up 5% and the other parents income went down 5%, there may be a situation where the child support guidelines for your state or county now see a material difference in income and would award child support.
Try looking at a child support calculator for your state. Also check the Department of Human Services, or other appropriate department, website for your state. We will be adding links to these to help you understand what are the practices in your state.
Again, always be sure to look at the percentages stated in your existing decree or child support order and what obligations the other parent has based on those percentages and be sure and include those in the decision making process to decide whether or not it’s time to file a motion  with the Court.

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