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47 Search Results for "child support"

March 7, 2010

Mediation, Collegiality, and Professionalism

...retirement funds, give up well deserved spousal support, or pay double the child support they anticipated, because they did not know to negotiate for “three more overnight stays” per year. I have watched videos of mediators proudly tricking people into agreements by declining to educate them on the law and allowing them to give away valuable legal rights. I have seen well-intentioned non-lawyer mediators (by profession, counselors, school teachers...

August 9, 2010

Alimony or Spousal Support – Will I pay or get it?

...ably by the Family Court. There is no WV “alimony formula” as there is for child support, but there is a Va. formula our Court will consider as part of the argument. Most courts will not provide a free ticket for a former spouse to sit back and be cared for, so the theory of counsel must be based on common sense and fairness. A large disparity in the incomes helps. And, sometimes one party being more likable than the other is a factor. Still, I fi...

May 3, 2010

Ten Dire Results of “Representing Yourself”. (Things that have happened.)

...ur child/children PER YEAR, you may save (or lose) thousands of dollars in child support, 3. OR, with a “swing” of just 1% in “overnight time” per year, your spouse may be able to move away with your children! Or, you may not be able to take the children with you if you need to move to another state! Think about that. 4. You may think you will receive your share of the sale of the family residence, after the children turn 18, only to find out your...

December 28, 2021

Civil Litigation 101

...estic violence filing, a routine petition and motion for temporary relief (child support, alimony or possession of a house or car.), or a motion for expedited or emergency relief. One rare order comes from a motion or petition for “ex parte relief”; that is, an order entered before any evidence is taken. It could be entered to prevent someone from leaving WV with a child or other urgent matter where “irreparable harm” is likely if the motion/petit...

July 7, 2010

So, You Think A Divorce May Be In Your Future?

...housing? 10. Assuming it takes several weeks for a support (alimony and/or child support) order, how are you going to handle your basic needs and keep the family finances in order. I have a lot of answers to these questions, but you need to hire me and give me the facts I need to work with. That’s enough for now. I hope you do not need a divorce lawyer, but if you do, remember the tips above and CALL ME! J. Burton Hunter III, Esq. One West Main St...

August 13, 2013

Self Representation – A Family Court Tragedy

...n; h. The father of the child HAS an experienced lawyer! i. Father paid NO child support the first year of the child’s life (That’s $4800!), and he underpaid by $100/month for the last seven months. That’s 3-4 times my fee. j. Even younger lawyers (under 40) tend to have limited negotiating skills; imagine a 20 year old h.s. graduate. k. She does not know where the good conflict and therapeutic counselors are. l. Where does she start? She doesn’t...

November 18, 2011

Collegiality, Professionalism, and Burt’s Lie Detector

...months into the case, complaining when transfer times for the children or child support payments are late, may be zealous, but they are not overzealous. Accepting client’s e-mails at all hours and forwarding their concerns and responses are zealous, not overzealous. Filing a pleading knowing it is false, piling on discovery just to wear the other party out, calling names such as liar or thief, giving false or incomplete offers of proof (proffers)...

March 15, 2014

Adoption

...he stepfather take over in order to get out of the financial obligation of child support. In another case the birth mother hadn’t seen her three beautiful daughters for three years. In that case, a foster mother fought hard to make those children her own. I’ve also handled cases where a teenage mother allowed her parents to adopt her child, so that she could still play a role in the child’s life, like an older sibling or aunt. Forming Families Fam...

September 18, 2011

The Mystery of Equitable Estoppel

...pport later; to do so would severely prejudice the father who had foregone child support from the Mother AND believed he would get credit for raising the daughter. Therefore, her claim for $70,000 of overdue child support failed in spite of strong “rules” to the contrary. So, here are the elements of estoppel; a. A person changes her position to her detriment. b. What she does is violative of someone else’s right (i.e. the barn on wrong property,...

December 12, 2012

The Client is The Boss, or is S/He?

...of spite, to expose their child to a new “significant other”, to waive all child support when she needs the money, to to have me lie to the Court, I say it is the lawyer’s job to put on the brakes and do everything in his power to dissuade the client. He also has a duty not to lie to the court, file a frivolous pleading, or take a position that is not supported by the law and facts. If the client persists in ignoring the lawyer’s sound advice, or,...