47 Search Results for "child support"

February 19, 2021

Family Law in WV: A Deep Dive

...tions to modify a court order may seek to increase, decrease, or terminate child support, modify the allocation of parental time, transfer primary custody (residential care), or allow one parent to relocate to another state with the parties’ children. The alleged grounds for modification generally require a substantial change in circumstances, but they can also be based upon a decision of the parents to follow a different parenting plan consistent...

March 15, 2014

Modifications/Contempt

...pt of Court Orders I also take action to enforce existing court orders for child support, custody or visitation, spousal support and distribution of assets and debts. Did your ex say he’d pay off the credit card debt but never did, and now creditors are coming after you? Are you paying child support as ordered, but your ex won’t let you see your kids? Please contact my office to arrange a free initial consultation. There are limits to what circums...

March 24, 2021

Ideas to Improve the “One Size Fits All WV Child Custody Bill”, HB 2364

.... Sniff out and deal with the parent who seeks 50%/50% in order to avoid a child support obligation. That’s not a good enough reason. 11. Please don’t remove discretionary powers of our very capable family court judiciary to sniff out the facts and apply them to each case. 12. Fund the appointment of guardians ad litem (lawyers for the children). 13. Don’t require a fee waiver for parents who clearly can’t afford their lawyer and to pay for a guar...

March 22, 2010

Common Mistakes of Divorcing Parties

...g “the Golden Rule, yet such behavior is utterly common. 4. Failure to pay child support or contribute to the family budget voluntarily post separation. Clearly, there are fundamental bills that have to be paid. Collaboration by the parties and making sure they get paid is critically important but often strongly resisted. Couples with $15,000 of unsecured consumer debt have been spending $300-$500 a month more than they make for years. Yet, often...

March 24, 2010

The Nuts and Bolts of Family Court

.... Other parenting rights such as decision-making; d. Access to records; e. Child support; f. Spousal support (or alimony); g. Equitable distribution of property and debts; h. Whether a restraining order should issue; i. Attorneys fees; and, j. Temporary issues such as possession of a car or house. 8. Persons seeking relief after the petition and answer have been filed, often file “Motions”. 9. Typical motions are “A Motion for Temporary Relief”, “...

October 17, 2018

GAPS IN WV FAMILY LAW

...orders, and even where the court assumes jurisdiction and awards a parent child support, it routinely fails to include a “conclusion of law” that the parent receiving child support has actual custody. Inevitably, somewhere down the line, someone withholds the child and causes “all hell to break loose” because neither parent has an order establishing this simple fact. I have encountered this problem twice in the last month. 2. It is perfectly lega...

March 15, 2014

Family Law

...be a part of the child’s life and gives the mother the ability to collect child support payments. Learn more about paternity Domestic violence If you are the victim of domestic violence, I will help arrange for a protective order. If you are charged with domestic abuse, I can help you defend yourself and help you correct the problems that led to the charges. Learn more about domestic violence Adoption Stepparent adoption can help unite “blended f...

April 7, 2017

THE SECRETS TO “WINNING” CUSTODY OF YOUR CHILD

...hy, child, not just the number of “overnights” with the child or amount of child support! There are two pending bills in the WV legislature that would change what the lay person considers “custody”. I don’t think they will pass, but they raised some interesting issues which I touch on below. If you have 1/2 hour, you can get background on “custody” and its replacement, “parenting”, in two of my blog articles”; see footnotes, ” ** ” below. Several...

October 5, 2011

Divorce 101 Handout (October 5, 2011)

...r is just what it implies. The court issues an order on temporary custody, child support, alimony, possession of the family residence, possession of property such as a car, a constructive trust of the marital property, or a restraining order. It is very important and often is an harbinger of things to come. 12. A final order is also what the name implies. It is the final ruling of the trial court. It can also hold a party in contempt. It is appeal...

April 8, 2018

Brand New WV Custody and Alimony Law

...maxim will apply to this new law. I suspect it will have ramifications way beyond what I can tell from three quick readings of this law. I am also told a formula of sorts, like the one used for child support, will be used in the future to calculate alimony. That’s is something that has long been needed. I will update this as information becomes available....