Family Law is a broad and complex field that deals with many issues. These include relationship breakdown, spousal and de facto maintenance, property settlement, parenting plans etc. In Point Cook, there are several lawyers who specialize in this area of law and can assist you with all of your family related legal issues.
Family Law
Family law covers a wide range of legal matters affecting families, from child custody and support to divorce and property settlement. In many cases, family lawyers use their expertise to resolve the most difficult issues with ease and grace.
The first step to becoming a family lawyer is to get an education. A law school with a family law concentration is a great place to start. They typically offer a variety of courses in this area, as well as clinical and experiential learning opportunities.
Another important consideration is the type of family law attorney you will hire. A firm that specializes in divorce and property settlement may be a good choice for you, as they often focus on avoiding litigation as much as possible to save you time, money and emotional stress.
In addition to handling divorce and property settlement cases, family law attorneys often handle adoptions, guardianships and conservatorships as well as issues involving minors and estate planning. This makes family law an incredibly broad field, says New England Law | Boston Professor Monica Teixeira de Sousa.
Divorce
Divorce is one of the most difficult things that you can go through. On top of emotional issues, it can also raise questions about spousal and de facto maintenance, property settlement and parenting plans.
When there are minor children in the marriage, these issues can be especially tough and complex. The court must decide how custody (parenting time) and support will be handled so that the children can best benefit from the separation.
In some cases, you may be able to resolve some of these issues through alternative dispute resolution methods like mediation. This can save you money and time as well as help keep your stress levels down.
Child support is a critical issue for many couples. The laws governing child support vary from state to state. These laws determine how much a parent should pay and how to calculate it. Gross income is a big factor in calculating child support. There are also guidelines that help the courts make decisions about child support.
Child Support
During divorce, both parents have legal obligations to provide for their children financially. These obligations are known as child support.
A court will order one parent to pay the other, based on each parent's income. This is typically the guideline number from the state worksheet, but there are times when the court will deviate from the formula and order a different amount to account for exceptional circumstances or the needs of the children.
If you are in arrears on your child support payments, it's best to seek professional advice immediately so that your situation can be resolved. Falling behind can be serious, as courts may take money out of your paycheck (wage garnishment), seize assets or property to make child support payments, and even revoke your driver's license or business license.
Property Settlement
When couples divorce, they will need to determine the division of their marital property. This includes homes, vacation properties, timeshares and business assets.
Many couples are able to settle their issues in a settlement agreement instead of going to court. This is a much less expensive option and can help to prevent hostility from building up between the parties.
The terms of a property settlement agreement should be clear and fair for both parties to understand. They should also address the payment of lawyer fees, release clauses, and waivers of equitable distribution.
A point cook family lawyer can assist you with creating a property settlement agreement that is both legally binding and fair to all involved. This can be a challenging process, but it is one that can be easily resolved by working with an experienced attorney.