UNDERSTANDING THE DIVORCE PROCESS
By Attorney Terry Ray Bankert 810 235-1970
My firm offers family law services: DIVORCE, child support, parenting time, child custody and Grand Parents rights. These Services through mediation are offered state wide.
Divorce litigation is offered in Genesee County Michigan. We get our message to market through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert,facebook, FlintTalk,Blogging for Michigan,myspace, Flint Talk radio, Flint Journal Community blogs, CPS Courier, and WFLT 1420 am radio.
We use the internet venues to present our service to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address thats remembered. Our site is rich in detail with articles on Divorce, divorce law, divorce forms. I describe my services as a divorce attorney / divorce lawyer, your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.
My theory is to approach divorce and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity. State wide I offer divorce mediation services for your privacy and development of a divorce judgement both of you want not a judge.
See http://attorneybankert.com/ for Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now? Call 810 235-1970 !Date 10/2/2008
Where to File for Divorce
State courts have power (or "jurisdiction") over divorce proceedings, here it will be the Genesee County Circuit Court , so the spouse seeking a divorce files an initial document called a divorce "complaint".
Michigan has a specific family court division where the divorce petition is filed and the case is heard.
Do I have to live in a state to get a divorce there?All states require a spouse to be a resident of the state -- often for at least six months , Michigan, and sometimes for as long as one year -- before filing for a divorce there. Someone who files for divorce must offer proof that he or she has resided there for the required length of time.
Only three states -- Alaska, South Dakota and Washington -- have no statutory requirement for resident status.If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state.
Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses.
Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support , must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.
Can one spouse move to a different state or country to get a divorce?If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.If you receive documents from a foreign country, you may want to consult an attorney to advise you of whether your state court or the foreign court governs the issues. This depends on many factors, such as which particular country is involved, where the parties lived and for how long and, of course, whether children are involved.
Filing and Serving the Divorce/Dissolution Petition
The divorce/dissolution Complaint is a legal document that is filed in court by a spouse who seeks a divorce. Also called the "petition" in some states, the complaint informs the court of the filing spouse's desire to end the marriage, and its filing with the court signifies the initiation of the divorce process.
Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun (more on serving the petition below).
Contents of the Divorce Complaint: Information and RequestsWhile specific requirements and formats vary from state to state, the divorce/dissolution petition typically contains the following information:
Identification of the spouses by name and address;
Date and place of marriage;
Identific ation of children of the marriage;
Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;Grounds for divorce;
There has been a breakdown in the Marital relationship and the bonds of matrimony have been broken. Specific fault does not have to be stated.
Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.
Contents of the Divorce/Dissolution Petition: Temporary Orders
In addition to the information described above, the divorce complaint may ask the court to put temporary "orders" in place on certain family and financial issues while the divorce process is ongoing.
If approved, these orders usually stay in effect until the divorce becomes final.
These temporary orders may pertain to issues such as:
Which spouse will have primary (physical) custody of the child(ren);
Child visitation schedule for the non-custodial spouse;
Payment of child support;
Payment of spousal support;
Which spouse will live in the couple's house or primary residence;
Payment of bills and other financial concerns
*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/
Do you need help now?Call 810 235-1970 !
Showing posts with label #14 Collecting Child Support.. Show all posts
Showing posts with label #14 Collecting Child Support.. Show all posts
Thursday, October 02, 2008
Wednesday, October 11, 2006
#14 Collecting Child Support.
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/
Articles on Divorce and Lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now? Call 810 235-1970 !
Unpaid Child Support
Only about half of the parents entitled to receive child support receive the full amount that is due. About one-quarter of parents to whom support is due receive partial payments, and the other one-quarter receive nothing at all. The Census Bureau estimates that each year, about $10 billion dollars in court-ordered child support is not paid.
Payment of child support correlates with visitation with time spent with the child. The Census Bureau reports that 74 percent of fathers with joint custody or visitation paid child support, whereas only 35 percent of fathers without joint custody or visitation paid support.
State and federal governments have a variety of techniques for enforcing payments of child support. The most common is a wage deduction order, by which an employer sends a portion of the obligor-parent's wages to a state agency that then sends the money to the parent who has custody of the child.
The following is a checklist of techniques for collection of past-due child support:
Wage withholding orders--These are entered by a court and served on the employer of the parent who owes support. (The person who owes support is called the "obligor") The employer sends payments to the government, which then sends support payments to the parent to whom support is owed.
Tax refund intercepts--The government sends a notice to the Internal Revenue Service or the state department of revenue, directing that the obligor's tax refund be sent to the government for payment of support.
Liens on property--A lien can be placed on the real estate, automobile, or other property of the obligor. If support is not paid, the property can be confiscated and sold. Alternatively, the lien may stay on the property until it is sold by the obligor, at which point, the debt must be paid before the obligor receives any proceeds from the sale.
Contempt of court--The person to whom support is due or the government can ask a court to hold the obligor in contempt of court for willful failure to pay support. If found guilty of contempt of court, the obligor can be jailed, fined, or both.
Collection agencies--Some collection agencies are willing to help collect past-due support, just as they collect past-due commercial debts. Collection agencies usually charge a portion of the amount collected.
Revocation of licenses--States will revoke the driver's license or professional licenses of persons who have not paid child support.
Interstate collections--In addition to the remedies just listed, state and federal statutes are available to facilitate enforcement of support orders when the obligor and the person to whom support is due live in different states. State and federal prosecutors can help with interstate collections.
*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/
Articles on Divorce and Lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now? Call 810 235-1970 !
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/
Articles on Divorce and Lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now? Call 810 235-1970 !
Unpaid Child Support
Only about half of the parents entitled to receive child support receive the full amount that is due. About one-quarter of parents to whom support is due receive partial payments, and the other one-quarter receive nothing at all. The Census Bureau estimates that each year, about $10 billion dollars in court-ordered child support is not paid.
Payment of child support correlates with visitation with time spent with the child. The Census Bureau reports that 74 percent of fathers with joint custody or visitation paid child support, whereas only 35 percent of fathers without joint custody or visitation paid support.
State and federal governments have a variety of techniques for enforcing payments of child support. The most common is a wage deduction order, by which an employer sends a portion of the obligor-parent's wages to a state agency that then sends the money to the parent who has custody of the child.
The following is a checklist of techniques for collection of past-due child support:
Wage withholding orders--These are entered by a court and served on the employer of the parent who owes support. (The person who owes support is called the "obligor") The employer sends payments to the government, which then sends support payments to the parent to whom support is owed.
Tax refund intercepts--The government sends a notice to the Internal Revenue Service or the state department of revenue, directing that the obligor's tax refund be sent to the government for payment of support.
Liens on property--A lien can be placed on the real estate, automobile, or other property of the obligor. If support is not paid, the property can be confiscated and sold. Alternatively, the lien may stay on the property until it is sold by the obligor, at which point, the debt must be paid before the obligor receives any proceeds from the sale.
Contempt of court--The person to whom support is due or the government can ask a court to hold the obligor in contempt of court for willful failure to pay support. If found guilty of contempt of court, the obligor can be jailed, fined, or both.
Collection agencies--Some collection agencies are willing to help collect past-due support, just as they collect past-due commercial debts. Collection agencies usually charge a portion of the amount collected.
Revocation of licenses--States will revoke the driver's license or professional licenses of persons who have not paid child support.
Interstate collections--In addition to the remedies just listed, state and federal statutes are available to facilitate enforcement of support orders when the obligor and the person to whom support is due live in different states. State and federal prosecutors can help with interstate collections.
*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/
Articles on Divorce and Lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now? Call 810 235-1970 !
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