Chapter 13 Bankruptcy
Our Boise Bankrutcy Lawyers regularly field calls about individual Chapter 7 Bankruptcy. This is probably the area of bankruptcy most recognized by the general public. However, you have undoubtedly seen the title Chapter 13 as a type of debt relief action.
So what is Chapter 13 Bankruptcy? As always, the "Chapter" referred to in Bankruptcy Law has to do with the location of the Code Section in the Federal Bankruptcy Law. Chapter 13 is a form of individual bankruptcy (not for businesses or legal entities such as corporations). Whereas Chapter 7 allows an individual to discharge their debt, Chapter 13 essentially allows an individual to create a new payment plan. If, for example, you have a secured loan on a boat or your home and you are behind on these payments, instead of loosing the property and discharging the debt Chapter 13 bankruptcy allows you to cure any default, reamortize and set up a new payment plan.
Why would an individual choose Chapter 13 Bankruptcy over Chapter 7? To qualify for Chapter 7 you must meet an income test. If you have income that exceeds the income threshold (basically you have money left over and that can be imputed to you after considering your income exemptions and after paying your monthly bills) you will not qualify for Chapter 7. Chapter 13 lets individuals struggling with debt, despite having adequate income, to get back on their feet by creating a payment plan that works for them.
If you are considering Bankruptcy and need a Boise Bankruptcy Attorney who can help you get out of debt quick, give us a call (208) 472-2383, and see what we can do for you.
Saturday, December 31, 2011
Monday, December 26, 2011
Possession of Marijuana - Boise Criminal Lawyers (208) 472-2382
Are There Exemptions to the Crime of Possession of Marijuana In Idaho?
In 2007 a Boise man, Cary White, was arrested for possession of marijuana. With the aid of a public defender as his criminal attorney, he plead not guilty, took his case to trial, lost and subsequently appealed his case. He recently lost his appeal but vows to take his case to the Idaho Supreme Court.
Upon what grounds did he contest the illegality his marijuana possession? It wasn't upon the recently popularized medical marijuana grounds, rather it was upon the grounds of free exercise of religion. The First Amendment of the United States Constitution, the Idaho Constitution and the Idaho Free Exercise of Religion Act (FERPA), Idaho Code section 72-401, and the Religious Freedom Restoration Act (the federal counterpart to the Idaho FERPA) protect individual rights to practice religion without unreasonable or justifiable interference.
How would a Boise Criminal Lawyer go about showing that practice of religion was unreasonable or unjustifiably impeded? The Idaho Court has held that it is the burden of the defendant to show that Idaho's controlled substance statute substantially burdens his or her exercise of religion. The defendant must show, firstly, that it is an actual "exercise of religion" that is being burdened. Secondly, the criminal defendant must show the burden is a "substantial burden".
In the case of Cary White, he did not claim to be a member of any recognized religious community. There are recognized religious organizations whose use of marijuana or other ordinarily illicit drugs are recognized as "sacramental" use and therefore protected. For example, the use of marijuana or peyote as a sacramental drug by members of the Rastafarian Movement, members of the Church of Cognitive Therapy or members of Native American Medicine is considered a free exercise of religion. White's criminal defense attorney didn't claim he was a member of any organized religion, rather he supported exercise of his freedoms including choosing not to belong to a religious organization. In effect, White's criminal lawyer failed to meet the first requirement of the Restoration of Religious Freedom Act and in failing to do so, he failed to meet his prima facia case. As a result, his argument was not considered beyond that.
Could White have made an argument that would exempt his marijuana from being illegal? Yes, but for his argument to have been fully considered he would have actually been a member or a recognized religious community which uses marijuana as a religious sacrament. In addition, he would have to show that criminalizing his use of that marijuana would substantially burden his practice of religion. Without that, there is no violation of his civil rights, at least according to the law as it now stands.
Framing the issue for an Idaho Court is critical to the success of your case. This is what it means to be an aggressive Boise Criminal Lawyer. Cary White's criminal defense attorney failed to frame the issue in a way that would benefit White and afford him the protections he needed to be found not guilty of possession of marijuana. If you have been arrested for possession of marijuana and need an aggressive Boise Criminal Attorney who can defend your rights, give us a call and see what we can do for you. Call today, (208) 472-2383, you will be glad you did.
In 2007 a Boise man, Cary White, was arrested for possession of marijuana. With the aid of a public defender as his criminal attorney, he plead not guilty, took his case to trial, lost and subsequently appealed his case. He recently lost his appeal but vows to take his case to the Idaho Supreme Court.
Upon what grounds did he contest the illegality his marijuana possession? It wasn't upon the recently popularized medical marijuana grounds, rather it was upon the grounds of free exercise of religion. The First Amendment of the United States Constitution, the Idaho Constitution and the Idaho Free Exercise of Religion Act (FERPA), Idaho Code section 72-401, and the Religious Freedom Restoration Act (the federal counterpart to the Idaho FERPA) protect individual rights to practice religion without unreasonable or justifiable interference.
How would a Boise Criminal Lawyer go about showing that practice of religion was unreasonable or unjustifiably impeded? The Idaho Court has held that it is the burden of the defendant to show that Idaho's controlled substance statute substantially burdens his or her exercise of religion. The defendant must show, firstly, that it is an actual "exercise of religion" that is being burdened. Secondly, the criminal defendant must show the burden is a "substantial burden".
In the case of Cary White, he did not claim to be a member of any recognized religious community. There are recognized religious organizations whose use of marijuana or other ordinarily illicit drugs are recognized as "sacramental" use and therefore protected. For example, the use of marijuana or peyote as a sacramental drug by members of the Rastafarian Movement, members of the Church of Cognitive Therapy or members of Native American Medicine is considered a free exercise of religion. White's criminal defense attorney didn't claim he was a member of any organized religion, rather he supported exercise of his freedoms including choosing not to belong to a religious organization. In effect, White's criminal lawyer failed to meet the first requirement of the Restoration of Religious Freedom Act and in failing to do so, he failed to meet his prima facia case. As a result, his argument was not considered beyond that.
Could White have made an argument that would exempt his marijuana from being illegal? Yes, but for his argument to have been fully considered he would have actually been a member or a recognized religious community which uses marijuana as a religious sacrament. In addition, he would have to show that criminalizing his use of that marijuana would substantially burden his practice of religion. Without that, there is no violation of his civil rights, at least according to the law as it now stands.
Framing the issue for an Idaho Court is critical to the success of your case. This is what it means to be an aggressive Boise Criminal Lawyer. Cary White's criminal defense attorney failed to frame the issue in a way that would benefit White and afford him the protections he needed to be found not guilty of possession of marijuana. If you have been arrested for possession of marijuana and need an aggressive Boise Criminal Attorney who can defend your rights, give us a call and see what we can do for you. Call today, (208) 472-2383, you will be glad you did.
Marriage of Limited Duration
I have long advocated marriages of limited duration with an option to renew. This seemed farfetched to most people but Mexico is actually considering it. A recent article from Reuters by Alex Leff says, “Mexico City lawmakers want to help newlyweds avoid the hassle of divorce by giving them an easy exit strategy: temporary marriage licenses. The proposed a reform to the civil code would allow couples to decide on the length of their commitment, opting out of a lifetime. The minimum marriage contract would be for two years and could be renewed if the couple stays happy. The contracts would include provisions on how children and property would be handled if the couple splits."You wouldn't have to go through the tortuous process of divorce. http://tiny.cc/CDM122311 The church criticized the proposed change. This reform is absurd. It contradicts the nature of marriage," said Hugo Valdemar, spokesman for the Mexican archdiocese.”
This would not put Divorce Mediators out of business. Many of us also do Marital Mediation which in the case of a marriage of limited duration could be used to help the marriage or problem solve the renewal of the marriage.
Under this law we would not only have quickie Mexican divorces but quicke Mexican marriages.
In contrast to this Malta held a divorce referendum in May to consult the electorate on the introduction of divorce which resulted in a majority of the voters approving legalization of divorce. This will be the subject of a future blog.
I don’t think this is a bad idea. The person you marry is not always the same person you divorce. People and circumstances change and this would avoid the agonies of divorce. It may also actually make the people work harder on the marriage because otherwise there will not be a marriage.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM(241) 12/26/11
Thursday, December 22, 2011
Recession fears fuel rise in 'HP Divorces'
The media, it seems, is constantly full of the threat of a new recession.
As all of us have witnessed that economic downturn has consequences not just on the financial markets but in families too.
Family law solicitors at Pannone have reported a growing trend in the structure of divorce settlements influenced not only by the effects of the 2008 slump but by fears that Britain is about to plunge into the second half of the dreaded 'double dip' recession.
Partner Ed Kitchen has written a fascinating article on the topic for the Huffington Post
The issues Ed discusses make it all the more important for you to obtain divorce advice before agreeing the terms of a financial divorce settlement.
For more advice on divorce read our family law blog or follow us on Twitter @Divorce_experts.
Monday, December 19, 2011
Clamp down on new dads?
The government is considering a number of proposals designed to force new dads to sign their children’s birth certificates, it was reported in The Telegraph today. Surprisingly, around 50,000 babies born each year in the UK do not have their fathers named on their birth certificate.
Currently, only mothers are required to be registered, despite the 2009 Welfare Reform Act which states that mums must provide the name of the baby’s father, risking a £200 fine and imprisonment for perjury if they fail to do so. Since the coalition government came to power this requirement has not been enforced, despite David Cameron’s well publicised attack on absentee fathers, whom back in June he likened to ‘drink drivers’.
Forcing fathers to sign birth certificates could help to ensure new dads fulfil their responsibilities to their children, including financially. All parents who are registered on their child’s birth certificate automatically have Parental Responsibility. Along with certain responsibilities, this also affords rights which may otherwise only be acquired by agreement between the parents, or court order.
Signing your child’s birth certificate can therefore be a crucial passport to greater involvement in the arrangements for your child’s care. If you are at all unsure about your parental rights and responsibilities you should speak to one of our expert Family Law Solicitors today.
For more advice on issues involving children, or for Divorce Advice, follow our family law blog or follow us on Twitter @Divorce_experts
Don’t Be Fooled When Eating Cereal or Getting Divorced
While eating breakfast this morning I tried a new cereal. As I am getting older I try to eat low calorie, high fiber low sugar cereal with low fat milk. This has leaded me to compare the different cereals. I use to just look at the number of calories in a portion but then I noticed that each box of cereal defines portion differently. I think to keep the calorie number lower. Sum portions are a cup, 2/3 of a cup, 3/4 of a cup or 1 and 1/4 cups. This is like the candy bars which get smaller and remain the same size or the big box with less contents. The moral of the story is you must read the fine print and do a comprehensive comparison. What does this have to do with mediation and divorce? As my younger daughter says, I can find a blog or tweet about mediation in anything! When coming up with settlement options you have to do a comprehensive comparison. For example, if you are getting stock don’t just look at the current value but look at the basis so you know the capital gains. 100 shares of Coke with a value of $100 and a basis of $100 and 100 shares of Pepsi with a value of $100 and basis of $50 when sold and capital gains taxes paid are not equal. Money from and IRA and money in a saving account are not equal because of taxes and penalties. So be careful!As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM(241) 12/19/11
Friday, December 16, 2011
Boise Divorce Attorney - (208) 472-2383 - Boise Family Law Lawyers
Idaho Child Support Issues
When a parent is receiving state funds or insurance through TAFI, or aid to needy families, there are certain rules that apply to child support. If you are receiving aid you are required to assign your right to child support payments to the state. Any monies you are owed pursuant to a divorce, custody or paternity order must be paid to the state in exchange for the support they are providing you in relation to TAFI.
This is an important point because as a Boise Divorce Attorney I often hear disparaging comments from people insinuating that a party is receiving child support from them and Medicaid or food stamps or the like. This simply is not the case. That would be double dipping and you can bet the State of Idaho will not allow that.
If you have a child support issue and would like to speak to a Boise Family Law Attorney, please give us a call at (208) 472-2383 and see what we can do for you.
Wednesday, December 14, 2011
Getting tough on Parental Child Abduction
Today's Daily Telegraph reported a call by the Lord Chief Justice for tougher sentences to be imposed on parents who are convicted of abducting their own children, opening up the possibility that they should be charged with the serious offence of kidnap which can carry a life sentence.
The Lord Justice described abducting parents as causing 'unspeakable cruelty' and referred to the increase in cases where abducted children are taken abroad, sometimes for very long periods - a reflection no doubt of the 'global village'
Hopefully this will act as a deterrent but in addition to the criminal law, families who find themselves in this heartbreaking situation can also turn to Family Law Solicitors for help.
Specialist Family Law lawyers in the field of child abduction can act very quickly to ask the court for an order for a child to be returned from abroad under the terms of an international treaty.
For more advice on family law follow our family law blog or follow us on Twitter @Divorce_experts
The Lord Justice described abducting parents as causing 'unspeakable cruelty' and referred to the increase in cases where abducted children are taken abroad, sometimes for very long periods - a reflection no doubt of the 'global village'
Hopefully this will act as a deterrent but in addition to the criminal law, families who find themselves in this heartbreaking situation can also turn to Family Law Solicitors for help.
Specialist Family Law lawyers in the field of child abduction can act very quickly to ask the court for an order for a child to be returned from abroad under the terms of an international treaty.
For more advice on family law follow our family law blog or follow us on Twitter @Divorce_experts
Tuesday, December 13, 2011
CHRISTMAS WISH?
It is reported in the Mail and other papers today that an unhappy wife has announced her desire for a divorce from her husband by putting a homemade banner near to the M4 announcing “For Xmas Dan, Jude wants a divorce”.
We frequently see on roundabouts and other prominent positions, birthday greetings and other forms of congratulation but it is more unusual to be so public about your unhappiness. Having said this, Jude will not be the first person who has sought to shame her partner and make public a desire for a divorce. There have previously been complete billboards referring to the other spouse’s infidelities.
The question in the Reading
Most people do not seek to ‘go public’ about the breakdown of their marriage as for most people it is a very personal situation. People seek the advice of friends and family who can provide huge moral support and advice.
However, if you are in a situation where you see your relationship as at an end and you want divorce advice, you should contact a family law Solicitor.
For more advice on divorce, follow our family law blog or follow us on Twitter @divorce_experts.
Monday, December 12, 2011
My Op/Ed Divorce Style Mediation and Political Disputes
My first and maybe not last op/ed.
Divorce-style mediation might have a place in political disputes Walter Marcus Special To The Arizona Daily Star
Listening to the Republicans and Democrats of the supercommittee blaming each other instead of problem-solving sounds eerily is like listening to parties to a divorce.
As a mediator who has successfully mediated hundreds of cases, I believe that legislative disputes can be resolved (or at least improved) by using the tools of facilitative mediation.
Here's how I would approach "the case": With everyone present in one room, each side would designate a spokesperson. After reviewing the mediation process and ground rules (respectful listening, no interruptions, no threats, no ultimatums, confidentiality) the first agreement from both sides would need to be that information from the mediation process would not be used in the future.
The process then begins with each side providing the factual basis for their interest. The process cannot proceed until the parties agree on the underlying facts. The supercommittee never agreed on the underlying facts, which doomed the process.
The process continues with the parties articulating their goals. It is essential that the real interest come out. In the supercommittee case, it would appear that the real interest is for each side to win the next election. If the real interest is winning the next election, each party must be convinced that the resolution won't hurt them at the polls.
With all this on the table, we get to the tough part of the mediation - getting the parties to brainstorm, think outside the box and come up with a win-win solutions. Ironically, a solution endorsed by both sides and an agreement not to use it as a club in the next election could be one path toward a resolution.
Mediation is not a silver bullet, but it can be an effective process and just might work. Often it happens in mediation that the parties learn to communicate better without a mediator and so strengthen relationships, which helps with the inevitable future conflicts. Why not give it a try?
As a mediator who has successfully mediated hundreds of cases, I believe that legislative disputes can be resolved (or at least improved) by using the tools of facilitative mediation.
Here's how I would approach "the case": With everyone present in one room, each side would designate a spokesperson. After reviewing the mediation process and ground rules (respectful listening, no interruptions, no threats, no ultimatums, confidentiality) the first agreement from both sides would need to be that information from the mediation process would not be used in the future.
The process then begins with each side providing the factual basis for their interest. The process cannot proceed until the parties agree on the underlying facts. The supercommittee never agreed on the underlying facts, which doomed the process.
The process continues with the parties articulating their goals. It is essential that the real interest come out. In the supercommittee case, it would appear that the real interest is for each side to win the next election. If the real interest is winning the next election, each party must be convinced that the resolution won't hurt them at the polls.
With all this on the table, we get to the tough part of the mediation - getting the parties to brainstorm, think outside the box and come up with a win-win solutions. Ironically, a solution endorsed by both sides and an agreement not to use it as a club in the next election could be one path toward a resolution.
Mediation is not a silver bullet, but it can be an effective process and just might work. Often it happens in mediation that the parties learn to communicate better without a mediator and so strengthen relationships, which helps with the inevitable future conflicts. Why not give it a try?
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM(241) 12/12/11
Common Law Marriage in Idaho - (208) 472-2383 - Boise Divorce Attorneys
Common Law Marriage in Idaho
As a Boise Divorce Attorney I work frequently within the world of the Idaho Family Law Statute. Idaho Code Chapter 32 deals with Domestic Relations. It covers everything from marriage, illegal marriage, divorce and the grounds for divorce to the parent child relationship in terms of custody and visitation as well as community property.
The Family Law Statute has changed over time. One specific example of this change has to do with common law marriage. At one point in Idaho history, the state recognized common law marriage. As of January 1, 1996 Idaho no longer does. If you were common law married before that date, meaning you put yourself out as a married couple a court would still consider you married and you can file for divorce in Idaho and have your property and debt which were acquired during marriage be treated as community property.
What does it mean to put yourself out there as being married? A Boise Divorce Lawyer would present evidence to the court that showed you treated your relationship as one of a marriage, not just co-habitation. Examples of evidence an attorney might use to prove this might be filing joint tax returns, being claimed as a spouse on health insurance, purchasing a home together or telling people that you were married. However, having children together and co-habitating do not necessarily reach the level of evidence needed to prove marriage.
Why would your divorce lawyer want to prove that you were married? That family law statute that I mentioned above provides protection for married couples called community property. If you were living together, but were not married and one party worked and the other stayed home and the one that worked used their money to pay for the house and to pay for the car and all the other goodies, if they ever split up the person who paid for everything would get it all. Now that may be fine for the person who worked but the person who stayed home and took care of the house and the kids would get nothing.
Community property recognizes that it is a community effort to build the community and therefore it rewards each individual equally in terms of value.
If there were children to the common law marriage how custody and visitation would be determined for those children would be the same whether it was ultimately decided that a common law marriage did or did not exist. The parties would be ordered to mediation and if they could not agree on a custody arrangement both divorce lawyers would present evidence to show why their client is the party best suited to be the custodial parent or why it would be in the best interest of the child to have primary physical custody with one parent or the other. Ultimately, using requirements outlined in that family law statutes I spoke about above, an Idaho judge would determine what is in the best interest of the child.
Ultimately, if you are married and are going through divorce in Idaho or you are going through divorce in Idaho and have children or simply have children together in Idaho and are splitting up, you too will enter the world of the family law statute.
If you need to speak to a Boise Divorce Attorney or a Custody Lawyer, please give us a call at (208) 472-2383 and see what we can do for you.
As a Boise Divorce Attorney I work frequently within the world of the Idaho Family Law Statute. Idaho Code Chapter 32 deals with Domestic Relations. It covers everything from marriage, illegal marriage, divorce and the grounds for divorce to the parent child relationship in terms of custody and visitation as well as community property.
The Family Law Statute has changed over time. One specific example of this change has to do with common law marriage. At one point in Idaho history, the state recognized common law marriage. As of January 1, 1996 Idaho no longer does. If you were common law married before that date, meaning you put yourself out as a married couple a court would still consider you married and you can file for divorce in Idaho and have your property and debt which were acquired during marriage be treated as community property.
What does it mean to put yourself out there as being married? A Boise Divorce Lawyer would present evidence to the court that showed you treated your relationship as one of a marriage, not just co-habitation. Examples of evidence an attorney might use to prove this might be filing joint tax returns, being claimed as a spouse on health insurance, purchasing a home together or telling people that you were married. However, having children together and co-habitating do not necessarily reach the level of evidence needed to prove marriage.
Why would your divorce lawyer want to prove that you were married? That family law statute that I mentioned above provides protection for married couples called community property. If you were living together, but were not married and one party worked and the other stayed home and the one that worked used their money to pay for the house and to pay for the car and all the other goodies, if they ever split up the person who paid for everything would get it all. Now that may be fine for the person who worked but the person who stayed home and took care of the house and the kids would get nothing.
Community property recognizes that it is a community effort to build the community and therefore it rewards each individual equally in terms of value.
If there were children to the common law marriage how custody and visitation would be determined for those children would be the same whether it was ultimately decided that a common law marriage did or did not exist. The parties would be ordered to mediation and if they could not agree on a custody arrangement both divorce lawyers would present evidence to show why their client is the party best suited to be the custodial parent or why it would be in the best interest of the child to have primary physical custody with one parent or the other. Ultimately, using requirements outlined in that family law statutes I spoke about above, an Idaho judge would determine what is in the best interest of the child.
Ultimately, if you are married and are going through divorce in Idaho or you are going through divorce in Idaho and have children or simply have children together in Idaho and are splitting up, you too will enter the world of the family law statute.
If you need to speak to a Boise Divorce Attorney or a Custody Lawyer, please give us a call at (208) 472-2383 and see what we can do for you.
Wednesday, December 07, 2011
Nuclear Doom
The Daily Mail has reported findings from a new think tank that show that only 1 in 6 people now consider themselves to be part of a “traditional” family structure. They explain that people living in nuclear families with married parents and siblings are now in the minority.
Whilst these findings have come under heavy criticism from other analysts, statistics do indicate that more and more people are choosing not to marry. The reasons why individuals are less inclined to marry will vary but a fear of divorce is likely to be a common theme.
There is lots of misunderstanding about divorce law and in particular divorce settlements. Family Law Solicitors can offer advice regarding all types of relationships including: marriages, civil partnerships and cohabitation.
For more divorce advice follow our family law blog or follow us on Twitter @Divorce_experts".
Monday, December 05, 2011
Divorce, Marriage, and Mediation License Plates
Surprised I have not done this before but below are the license plates I have found. Send in pictures you have found. As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM(238) 12/5/11
Surprised I have not done this before but above are the license plates I have found. Send in pictures you have found. As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM(238) 12/5/11
Will Divorce Lead to More Sex in the City?
It has been reported in the media that Candace Bushnell, the author of Sex in the City, is to divorce her husband of nine years. Candace is likely to be one of a growing number of women who are wealthier than their spouse and as a consequence may have to pay money to her husband as part of their divorce. There is likely to be speculation about their financial settlement including whether they have a pre-nuptial agreement. Pre-nuptial agreements may not be considered romantic, but they should be given serious consideration by the financially independent women, who are portrayed in Sex in the City, if they are planning to marry. At least Candace will be able to recoup any financial loses caused by her divorce by writing about her experience.
For more advice on divorce follow our family law blog or follow us on Twitter@Divorce_experts".
For more advice on divorce follow our family law blog or follow us on Twitter@Divorce_experts".
Parenting Styles
Last month I talked about two children who were beaten to death by their parents. Each of the parents had a copy of the book on parenting, advocating the use of corporal punishment, by Michael and Debi Pearl, founders of “No Greater Joy” ministries. As promised, this article will discuss parenting techniques that research indicates contribute to raising healthy, productive children.
For years the literature has discussed 3 main parenting styles: authoritarian, authoritative, and permissive which comes out of the work by Diane Baumrind (1978) and colleagues. Baumrind identified two main dimensions of the parental role: parental acceptance and parental control. It was out of these two dimensions that the parenting styles of authoritarian, authoritative and permissive were identified.
There have been many studies over the years conducted on parenting styles and how this relates to children’s behavior and overall mental health. Again and again research indicates that an authoritative parenting style is the most effective in producing healthier children who exhibit less behavioral problems and have better overall mental health.
Parents with authoritative styles exhibit warmth, are responsive to the needs of their children, provide structure and set appropriate limits. These parents also grant their children age appropriate autonomy. Children raised in homes with authoritative parenting styles exhibit more social competence and have less behavior problems than children whose parents used an authoritarian or permissive style of parenting.
It is not just parenting style however, that predicts children’s adjustment and well-being. Studies now focus on the importance of family relationships and the impact this has on the child’s development and later behavior. Families with poor communication, high levels of conflict and poor affective ties are at an increased risk of having teens with behavior problems.
It’s no wonder some parents use an authoritarian or permissive style of parenting; there is a lot less thinking and work involved. It is much more difficult to parent out of thoughtful behavior than it is to merely react, or in the case of permissive parents, ignore what is going on.
Copyright © 2011 Divorce Communications. All Rights Reserved.
For years the literature has discussed 3 main parenting styles: authoritarian, authoritative, and permissive which comes out of the work by Diane Baumrind (1978) and colleagues. Baumrind identified two main dimensions of the parental role: parental acceptance and parental control. It was out of these two dimensions that the parenting styles of authoritarian, authoritative and permissive were identified.
There have been many studies over the years conducted on parenting styles and how this relates to children’s behavior and overall mental health. Again and again research indicates that an authoritative parenting style is the most effective in producing healthier children who exhibit less behavioral problems and have better overall mental health.
Parents with authoritative styles exhibit warmth, are responsive to the needs of their children, provide structure and set appropriate limits. These parents also grant their children age appropriate autonomy. Children raised in homes with authoritative parenting styles exhibit more social competence and have less behavior problems than children whose parents used an authoritarian or permissive style of parenting.
It is not just parenting style however, that predicts children’s adjustment and well-being. Studies now focus on the importance of family relationships and the impact this has on the child’s development and later behavior. Families with poor communication, high levels of conflict and poor affective ties are at an increased risk of having teens with behavior problems.
It’s no wonder some parents use an authoritarian or permissive style of parenting; there is a lot less thinking and work involved. It is much more difficult to parent out of thoughtful behavior than it is to merely react, or in the case of permissive parents, ignore what is going on.
Copyright © 2011 Divorce Communications. All Rights Reserved.
Sunday, December 04, 2011
Divorce Communications: Making Divorce Palatable
Divorce Communications is making parenting post-divorce more palatable. Check out our latest YouTube video at http://youtu.be/aRYQJcwJeqY and put a little humor in your day.
Friday, December 02, 2011
Spousal Support Reform Coming Under Criticism
Everybody knows that spousal support is basically a monthly sum of money paid to a spouse by the higher earning spouse for a specific period of time. The amount of support is either agreed upon or based on the earning spouse's ability to pay and the needs of the non-earning spouse.
According to the article, due to changing times there are more wives and mothers who work. As a result many states have trimmed back on the amount and duration of spousal support payments. Some states have even developed a formula for the duration of the payments based on the length of the marriage. There are negative consequences to a one size fits all apporach to spousal support.
An article I found online outlines some interesting points regarding spousal support in Virginia.
1. Negative Impact on Stay-at-Home Moms
Each case is different and while guidelines provide much needed consistency, the needs of a parent and children are not the same for all cases. Mothers who have not had college education or careers in order to raise a family are highly affected by this. They may receive spousal support for a certain period of time and be forced to work with little to no experience.
2. Virginia Spousal Support
In Virginia, if spouses do not agree on specific support amounts and time lengths, the courts are empowered to determine the amount and duration of support based on a family’s circumstances. The following factors are considered: the financial needs, resources and assets of the spouses, the standard of living during the marriage, the length of the marriage, the spouses' earning capacity.
The thing to note is that spousal support in California has not fallen to a formula. Spousal support is a multi factor analysis that provides the court with discretion to analyze and hopefully determine based upon the specific needs of the individuals.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
According to the article, due to changing times there are more wives and mothers who work. As a result many states have trimmed back on the amount and duration of spousal support payments. Some states have even developed a formula for the duration of the payments based on the length of the marriage. There are negative consequences to a one size fits all apporach to spousal support.
An article I found online outlines some interesting points regarding spousal support in Virginia.
1. Negative Impact on Stay-at-Home Moms
Each case is different and while guidelines provide much needed consistency, the needs of a parent and children are not the same for all cases. Mothers who have not had college education or careers in order to raise a family are highly affected by this. They may receive spousal support for a certain period of time and be forced to work with little to no experience.
2. Virginia Spousal Support
In Virginia, if spouses do not agree on specific support amounts and time lengths, the courts are empowered to determine the amount and duration of support based on a family’s circumstances. The following factors are considered: the financial needs, resources and assets of the spouses, the standard of living during the marriage, the length of the marriage, the spouses' earning capacity.
The thing to note is that spousal support in California has not fallen to a formula. Spousal support is a multi factor analysis that provides the court with discretion to analyze and hopefully determine based upon the specific needs of the individuals.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
California Courts Open to Out of State Same Sex Divorces ?
According to a recent article out of state residents may be soon able to file for divorce in California. One of the legal obstacles facing same sex partners is the lack of access to courts to dissolve their relationship once the partnership ends.
Apparently in states like Texas, Oklahoma, Rhode Island judges have refused to grant divorces to lesbian or gay couples who went elsewhere to get married or have relocated with the reasoning that granting a divorce would constitute a form of official recognition of their marriage. Most of the couples were not asking a judge to grant them any property or support based upon their marriage, but just wanted to receive an order of dissolution.
The legal origin of these problems stems from what is referred to as the "domicile" rule, which means couples can only get divorced in the state in which they reside at the time of their break-up, regardless of where they lived when they got married. While this makes sense for heterosexual couples because they can receive a divorce in whatever state they live in, it doesn’t make sense for homosexual couples who can’t get divorced if they live in a state that won’t allow it.
California legislature has very recently passed a bill that can help couples who came to California in 2008 to get married, as well as those who marry in California in the future if Prop. 8 is repealed.
According to the article, starting on January 2012. If a couple got married in California but lives in a state that won't grant them a divorce, basically then California court will have jurisdiction to grant a dissolution. The divorce can proceed in the county where they got married.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Apparently in states like Texas, Oklahoma, Rhode Island judges have refused to grant divorces to lesbian or gay couples who went elsewhere to get married or have relocated with the reasoning that granting a divorce would constitute a form of official recognition of their marriage. Most of the couples were not asking a judge to grant them any property or support based upon their marriage, but just wanted to receive an order of dissolution.
The legal origin of these problems stems from what is referred to as the "domicile" rule, which means couples can only get divorced in the state in which they reside at the time of their break-up, regardless of where they lived when they got married. While this makes sense for heterosexual couples because they can receive a divorce in whatever state they live in, it doesn’t make sense for homosexual couples who can’t get divorced if they live in a state that won’t allow it.
California legislature has very recently passed a bill that can help couples who came to California in 2008 to get married, as well as those who marry in California in the future if Prop. 8 is repealed.
According to the article, starting on January 2012. If a couple got married in California but lives in a state that won't grant them a divorce, basically then California court will have jurisdiction to grant a dissolution. The divorce can proceed in the county where they got married.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Grandparents Visitation Rights
Recently, an article concerning the Connecticut Grandparents Visitation Rights Task Force began drafting legislation that will help grandparents gain more rights in Connecticut. The Task Force is comprised of representatives from the Aging, Judiciary and Children’s committees of the state Legislature, representatives from the Department of Children and Families, and included judges and lawyers who work in related fields.
The body of lawmakers and professionals met to hash out legislation to address the issue of grandparents and their rights to visit with grandchildren. The article states that when there is a stable marriage, often the grandparents have their time with their grandchildren. However due to modern strains of divorce and separation, grandparents are often left out after this family law event.
The article states that the members of the task force had difficulty determining whether the third party rights would be specifially attached to grandparents or would it cover relatives such as aunts and uncles or siblings. Currently, it is undecided at this time as to whether or not the task force will draft one piece of proposed legislation that covers all third party visitation or one that specifically addresses grandparents.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The body of lawmakers and professionals met to hash out legislation to address the issue of grandparents and their rights to visit with grandchildren. The article states that when there is a stable marriage, often the grandparents have their time with their grandchildren. However due to modern strains of divorce and separation, grandparents are often left out after this family law event.
The article states that the members of the task force had difficulty determining whether the third party rights would be specifially attached to grandparents or would it cover relatives such as aunts and uncles or siblings. Currently, it is undecided at this time as to whether or not the task force will draft one piece of proposed legislation that covers all third party visitation or one that specifically addresses grandparents.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Oklahoma Fatherhood Programs
A recent article I read concluded that Oklahoma needs more programs geared towards helping inexperienced fathers make support payments and generally preparing men for what comes with being a father. There are many unknowns one faces when becoming a father for the first time to an unmarried woman, or to being a father in the midst of a divorce.
The article stated that many men don't have the community support to learn to be good fathers (married or unmarried) and the state should have a fatherhood network to help men prepare for the emotional and financial stress of being a father. The article was quoted as stating that policy should be changed so fathers should be at poverty level before child support payments are determined.
Fatherhood does bring a lot of challenges when going through a family law event. However, that does not mean that Father's have no rights during a family law event. Father's under the laws have equal rights to the courts and equal rights to their children.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The article stated that many men don't have the community support to learn to be good fathers (married or unmarried) and the state should have a fatherhood network to help men prepare for the emotional and financial stress of being a father. The article was quoted as stating that policy should be changed so fathers should be at poverty level before child support payments are determined.
Fatherhood does bring a lot of challenges when going through a family law event. However, that does not mean that Father's have no rights during a family law event. Father's under the laws have equal rights to the courts and equal rights to their children.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Thursday, December 01, 2011
Boise Criminal Attorneys - Criminal Defense Lawyers (208) 472-2383
Criminal Law: Procedural Law v. Substantive Law
What is the difference and does it matter?
Undoubtedly, you have heard the statement "it was a travesty of justice!" These are stories of people, who were clearly guilty of a crime, but who got off scot-free. These stories are not urban myths. These are true stories which illustrate the impact of criminal procedural and the importance of having a criminal defense attorney who knows criminal procedure. Everyone charged with committing a crime would love to get off on a technicality and it is because of procedural law that this is even a possibility.
The substantive law tells you what acts constitute a crime and what the punishment for that particular crime is. For example, you would find driving under the influence or DUI in the Idaho Code. Here it would tell you that if you have a blood alcohol level of .08 or greater and you operate a motor vehicle or are in actual physical control of a vehicle you will be charged with a DUI and it will go on to tell you what the punishment is for a first time DUI, a second time DUI, a third time DUI, an excessive DUI and so on.
Procedural law, however, tells you what is a violation of your constitutional rights. It tells the police when they can pull you over, when they can search you, what evidence they can take, which witnesses can be investigated and the like. Procedural law includes your Miranda rights; "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you".
When procedural law is violated, you can exclude the evidence obtained by the violation and by excluding it you may, in effect, remove that evidence leaving the prosecuting attorney with no evidence to convict you. That's what it means to get off on a technicality.
Does it ever happen? You bet it does. It happens everyday. If the police pull you over because you are driving a 1970's Duster and they think that you look like a criminal and they later discover evidence of drugs in your car, that evidence can be excluded on the basis that there was no probable cause to pull you over in the first place. If the police have pulled you over because they suspect you have been drinking and they search your car without your permission or a warrant and they find counterfeit money in you glove box, that evidence can be excluded on the basis of an illegal search.
There are many scenarios like these. Whether they are a travesty of justice, however, is a matter of opinion. What kind of country would it be if someone was convicted of a crime and evidence was secured, but in the process their constitutional rights are violated?
If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give us a call at (208) 472-2383 and see what we can do for you.
What is the difference and does it matter?
Undoubtedly, you have heard the statement "it was a travesty of justice!" These are stories of people, who were clearly guilty of a crime, but who got off scot-free. These stories are not urban myths. These are true stories which illustrate the impact of criminal procedural and the importance of having a criminal defense attorney who knows criminal procedure. Everyone charged with committing a crime would love to get off on a technicality and it is because of procedural law that this is even a possibility.
The substantive law tells you what acts constitute a crime and what the punishment for that particular crime is. For example, you would find driving under the influence or DUI in the Idaho Code. Here it would tell you that if you have a blood alcohol level of .08 or greater and you operate a motor vehicle or are in actual physical control of a vehicle you will be charged with a DUI and it will go on to tell you what the punishment is for a first time DUI, a second time DUI, a third time DUI, an excessive DUI and so on.
Procedural law, however, tells you what is a violation of your constitutional rights. It tells the police when they can pull you over, when they can search you, what evidence they can take, which witnesses can be investigated and the like. Procedural law includes your Miranda rights; "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you".
When procedural law is violated, you can exclude the evidence obtained by the violation and by excluding it you may, in effect, remove that evidence leaving the prosecuting attorney with no evidence to convict you. That's what it means to get off on a technicality.
Does it ever happen? You bet it does. It happens everyday. If the police pull you over because you are driving a 1970's Duster and they think that you look like a criminal and they later discover evidence of drugs in your car, that evidence can be excluded on the basis that there was no probable cause to pull you over in the first place. If the police have pulled you over because they suspect you have been drinking and they search your car without your permission or a warrant and they find counterfeit money in you glove box, that evidence can be excluded on the basis of an illegal search.
There are many scenarios like these. Whether they are a travesty of justice, however, is a matter of opinion. What kind of country would it be if someone was convicted of a crime and evidence was secured, but in the process their constitutional rights are violated?
If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give us a call at (208) 472-2383 and see what we can do for you.
Is the tax man going to be collecting more than just your tax....?
Child maintenance may be deducted directly from a parent’s earnings by the taxman, under proposals which have been announced by the Government. The Work and pensions minister Maria Miller has suggested that the new scheme would make it harder for ‘wayward parents’ to avoid paying for the upkeep of their children.
In addition payments would ordinarily be based on the non-resident parent's gross income from the most recent tax year, which could be obtained directly from HM Revenue and Customs. This would, in the Government’s view, make it harder for a non-resident parent to avoid payment by not disclosing their full income.
The proposals are likely to be music to the ears of those parents who find their former spouse or partner attempting to avoid their financial responsibilities. Although it will not answer the problem of self employed business people who want to avoid payment. Others will also no doubt wonder whether the Child Maintenance and Enforcement Commission which replaces the CSA can be trusted not to make mistakes?
In addition payments would ordinarily be based on the non-resident parent's gross income from the most recent tax year, which could be obtained directly from HM Revenue and Customs. This would, in the Government’s view, make it harder for a non-resident parent to avoid payment by not disclosing their full income.
The proposals are likely to be music to the ears of those parents who find their former spouse or partner attempting to avoid their financial responsibilities. Although it will not answer the problem of self employed business people who want to avoid payment. Others will also no doubt wonder whether the Child Maintenance and Enforcement Commission which replaces the CSA can be trusted not to make mistakes?
For more advice on child maintenance or issues surrounding separation and divorce follow our family law blog or follow us on Twitter @divorce_experts.
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