A paternity action, a court suit filed to have a man declared the father of a child, can be brought by either the mother or the father. Paternity actions are sometimes called establishment hearings, filiation hearings, or parentage actions.
Continue Reading...A non-custodial parent has a protected liberty interest in the care, custody, and management of his or her child, the U.S. Court of Appeals for the Eighth Circuit decided 08/12/05 in Swipies v. Kofka, 8th Cir., No. 04-3244.
The court's recognition of this interest came in a case where a deputy sheriff had, on his own initiative, made an emergency removal of a child who was visiting her non-custodial father and then contested the father's claim that his due process rights had been violated by the removal.
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For information on Arizona child custody issues, contact NRG.
The issue in Monica C. v. ADES was whether the State's error in failing to provide notice of entitlement to a jury trial warrants a new termination hearing.
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For all of your Arizona family law issues, contact NRG.
Los Angeles -- A judge has signed off on the divorce of Jennifer Aniston and Brad Pitt, but the split won't be official until Oct. 2.
Continue Reading...In a landmark move, the California Supreme Court ruled Monday that children born to gay and lesbian couples must be afforded the same rights as offspring of heterosexual couples, including child support, should their parents split. The court issued decisions in three different cases involving children born to same-sex couples.
Continue Reading...You and your child's other parent may agree to modify the child support terms, but even an agreed-upon modification for child support must be approved by a judge to be legally enforceable.
Continue Reading...n most states, the judge can examine a parent's ability to earn as well as what the parent is actually earning. The judge may order higher child support if there is a discrepancy. Actual earnings are an important factor in determining a person's ability to earn, but they are not conclusive where there is evidence that a person could earn more, if he or she chose to do so.
Continue Reading...SAGINAW (AP) - A judge has ordered NBA star Jason Richardson to pay $7,000 in monthly child support for his five-year-old daughter.
The girl's mother had asked a Saginaw County judge to raise the support from $4,000 to more than $45,000 a month.
Richardson, who played at Michigan State before joining the Golden State Warriors in 2001, also must put $1,000 a month in a conservatorship account until the girl turns 18.
Richardson's ex-girlfriend, Roshonda Jacqmain of Saginaw, requested the eleven-fold increase in tax-free support last week. Her attorney, Brian Makaric, declined to comment on yesterday's ruling.
For information on Arizona child support related issues, contact NRG.
A court looks at the payer's gross income from all sources, less any mandatory deductions (income taxes, Social Security, health care, and mandatory union dues). The result is the payer's net income.
Continue Reading...In order to qualify as child support, the payments received by an ex-spouse must be designated as child support in the divorce or separation agreement. If the agreement lumps the payments together as "family support" or "alimony," or doesn't otherwise designate a specific portion of each payment as child support, none of the payment will be considered child support for tax purposes.
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