Archive for December, 2011

What Alimony Really Is

Wednesday, December 14th, 2011

Divorce, it is an aspect that increases in the lives of American couples every year. Over the past fifty years, divorce rates have significantly increased, and today studies state that one in three people in the United States will have at least one divorce throughout their adult relationships. However, what does divorce really entail for an individual? One can only assume the emotional aspect of a divorce, the break up of someone you shared and vowed to have your life with through sickness and in health. Yet, how does a divorce financially affect an individual?

Either spouse can easily obtain alimony, also known as spousal support or maintenance, in today’s day and age when a divorce occurs. When alimony is being sought within a courtroom setting during a divorce, a judge has to factor in different aspects of the relationship within the past, present, and future tenses. Although some people see it as an easy payoff to difficult portion of their life, courts today are starting to become stricter in awarding alimony.

To have alimony awarded, courts must decide a few factors. From the lack of sufficient resources or property, the inability to self-support a former spouses self, or if a custodial parent must take care of a child with a medical condition are all factors and areas of interests that the courts focus on when deciding alimony. Alimony cannot really be guaranteed anywhere, but is truly dependent on the circumstances of each case, each set of former spouses, and the children and baggage that each have.

Another important factor of alimony is the duration of the marriage. Usually marriages that have lasted longer than a period of 10 years or that of can traditionally be seen getting spousal maintenance being awarded, but it is not rare to see it with those lasting a few years, or even months these days.

With the economic recession presently existing within the United States, people are counting every penny they have and are coming up with ways to make sure they keep the money rolling in. Unfortunately, some former spouses abuse this alimony option, which then negatively impacts it for all.

Going through a divorce can be difficult. Finding the right lawyer will help you deal with this change going on in your life. David Nelson, Attorney at Law, has spent over 30 years practicing law in Kansas. He knows how to handle these cases in the best way. He understands how sensitive and serious these situations are and the impact that it leaves on families.  To serve you better, Mr. Nelson offers a free consultation so that you to get a feel for your legal options and for you to see if he is right for you. Mr. Nelson is qualified and experienced and is a great choice to help you through this time. Call (316) 267-1300 today to set up your free consultation.

Deficient Relocation Notice

Wednesday, December 7th, 2011

Throughout our lives we are constantly trying to do something that inevitably involves the betterment of our lives. Sometimes that even means that we move from one place to another. Most people move at least once, especially in college when those students move from their homes to the towns, or cities that colleges or universities are within. People have many motives for moving, which usually involve a pay increase, or leaving a past life behind. However, when you have had a divorce and have custody of a child moving does not always mean that you will be able to hold on to that ability.

When moving, an individual that is the custodial parent must go through many things when deciding where to relocate such as where are the best schools, where are the best neighborhoods, and what all activities will be located around that area? Yet, one thing that some parent’s seem to miss is making sure that relocation is given to the former spouse that is still the parent of the child.

Usually, most parents are able to move without any problems if the distance is not too far from the other parent. However, if the other parent does see an issue with the move they have 30 days post the relocation notice to file any dispute with the issue. One thing that people seem to misunderstand is what a deficient notice actually is. Some believe that it can ultimately change custody and visitation of the child, but that is not the case at all. It basically just serves as a title that the court can view that contributes to one, or another parent in whether or not they move.

Although moving could easily benefit one parent financially, or socially, parents should really sit down and think about all the options and difficulties the child might go through, and should even consider discussing it with their former spouse. Child custody is not about who got what, but who is responsible for the child at all times, which means that they take their best interests in through and through versus their own self motives.

Going through a divorce can be difficult. Finding the right lawyer will help you deal with this change going on in your life. David Nelson, Attorney at Law, has spent over 30 years practicing law in Kansas. He knows how to handle these cases in the best way. He understands how sensitive and serious these situations are and the impact that it leaves on families.  To serve you better, Mr. Nelson offers a free consultation so that you to get a feel for your legal options and for you to see if he is right for you. Mr. Nelson is qualified and experienced and is a great choice to help you through this time. Call (316) 267-1300 today to set up your free consultation.