Domestic violence is attempting to cause or intentionally causing bodily injury or placing the victim in fear of imminent serious bodily injury. Continued harassment can constitute domestic violence if it causes substantial emotional distress. There needs to be a current or former relationship between the victim and abuser such as spouses, parent / child, household members, or boyfriend / girlfriend.
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You may include a request to change your name in your divorce complaint. The name change can be included in the divorce judgment. You cannot change your name to any name in this process - you may only resume your maiden name. You may also resume a former marital name under certain circumstances. In the alternative, you may make a request to resume a former name after the divorce has been entered by filing the appropriate application with the clerk, and paying a fee. Applying for Child Support with Child Support Enforcement (CSE): Here is What you Need to Know6/17/2017 The Mecklenburg County Office of Child Support Enforcement (CSE) works to ensure that both parties are responsible for the financial support of their children. The CSE offers services regardless of income.
What services are provided by CSE?
It is recommended that you contact a private attorney to discuss concerns that may seem similar to child support, such as custody, visitation, or spousal support. In order to receive services from the CSE, you must complete an application. The application is available online at ChildSupportEZapply.com. What do I need to apply for these services?
Once you have completed all sections and submitted all required documents, the CSE will review your application and decide the appropriate course of action. It is important to understand that by submitting an application to the CSE, you are agreeing to respond to all requests for further information, appear for interviews and court hearing, submit to any paternity testing, notify the office of any changes in your status, remain cooperative, and stay involved in your case through the entire process. You have to file a complaint (lawsuit) seeking a Domestic Violence Protective Order (otherwise known as a restraining order or as a "50B"). If it is at night or on the weekend, you do this through the magistrate's office. If it is during the week, you do it through the civil clerk of court. In the complaint, you set out the details of the act of violence or threat of violence that caused you to seek the Domestic Violence Protective Order. You will then appear before the judge or magistrate to describe what happened. If the judge or magistrate determines you are entitled to an emergency Ex Parte Protective Order, it will be issued at that time. Your abuser is not notified of or present for the emergency hearing. The emergency order is valid until there can be a hearing on the issue - at that hearing, the abuser will be present and have the opportunity to put on a defense. This hearing is normally held within 10 days. If the judge determines at the full hearing that you are entitled to a Domestic Violence Protective Order, one will be issued. This order will be valid for one year, but may be renewed at the end of one year for an additional time of up to two years.
There are many important effects of a divorce. First, the entry of a divorce cuts off your right to alimony and property division. If those claims have not been resolved in a valid and binding Agreement or properly filed with the court prior to the entry of the divorce judgment, they are lost forever. The loss of those claims can be devastating. If you have a claim for alimony or if you or your spouse acquired property during the marriage (house, cars, bank accounts, retirement), you need to take action before your divorce is granted to protect those claims. Second, the entry of a divorce changes your tax filing status, which may be more or less of a benefit to you. Third, the entry of divorce enables you to remarry. Fourth, the entry of a divorce cuts off your rights to inherit from your spouse. Fifth, it can alter the way your house is owned if you own a house with your spouse. When addiction strikes, it can have detrimental effects on a marriage, any children involved, and extended family members. According to the American Association for Marriage and Family Therapy (AAMFT), fighting and stress caused by financial and emotional issues can set the couple up for a vicious cycle of substance abuse to cope with tension created by increased conflict. Domestic violence is often an issue in instances where alcohol abuse or substance abuse is present. Leaving a loved one due to substance abuse is difficult because of the years spent invested in building a relationship. Fortunately, there is hope for salvaging a relationship through the assistance of therapy and treatment. Signs of Substance Abuse The first step in repairing the damage created by substance abuse is to identify abuse as the root cause for marital problems. It is an emotional and cognitive struggle to come to the realization that a person’s loved one has resorted to using drugs or alcohol to the point of addiction. While it is nearly impossible to come up with a comprehensive list including all of a the signs that determine whether a spouse is suffering from an addition, below is a list of signs that can help determine if a person is abusing drugs or alcohol:
Therapy According to the AAMTF, substance abuse by a partner damages a relationship and these issues need to be treated too. If the underlying issues remain unchecked, it can lead to a relapse. These issues do not simply disappear once an individual has stopped drinking or the drug use has stopped. Eliminating drinking or drug use is only the starting point, once sobriety is attained, the presence of a supportive caring relationship can be one of the strongest factors in sustaining sobriety. How Long Does the Divorce Process Take? The length of the process varies based on how long it takes to get service of your spouse and how soon the clerk schedules the divorce hearing. Generally, it should take approximately 60 days after the complaint is filed.
In accordance with the federal Child Support Enforcement Act, each state has developed specific guidelines to calculate a range of child support to be paid, based on the parents’ respective incomes and expenses. Each state’s guidelines vary considerably, meaning that in virtually identical situations, the child support ordered in one state may be far more or less than that ordered in another state. Judges in some states are allowed a considerable amount of leeway in setting the actual amount, while other states have very strict guidelines that leave judges with very little leeway.
Factors Considered Regardless of the judge’s latitude, there are statewide guidelines put in place that specify factors that must be considered in determining who pays how much child support. These factors include:
When one parent does not work When income is received on an irregular, non-recurring, or one-time basis, the court may average or prorate the income over a specified period of time or require an obligor to pay as child support a percentage of his or her non-recurring income that is equivalent to the percentage of his or her recurring income paid for child support. Potential or Imputed Income: If the court finds that a parent’s voluntary unemployment or underemployment is the result of the parent’s bad faith or deliberate suppression of income, child support may be calculated based on the parent’s potential income. If a parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a forty hour work week. Third party consideration Guidelines do not apply to child support orders against stepparents or other persons or agencies who are secondarily liable for child support. They may, however, be a small factor to consider in offsetting some expenses that a parent would have otherwise been responsible for. Maxed out guidelines There are cases in which the parents’ combined adjusted gross income is more than 300,000 a year. When income exceeds this threshold, the normal child support schedule is maxed out. Inn cases that involve very high incomes, the courts will need to set the award on their own. When setting this award, the court must ensure that the amount of the award meets the reasonable needs of the child. Did you know that having a will means probate, and potentially probate court? Without an estate plan, your estate cannot be settled without the delays and court fee costs - plus, your assets will be a matter of public record. With an estate plan, you can avoid the probate process entirely. Not only does this save your family legal costs and attorney fees, it makes the process much easier for your spouse and family.
Do you have a 401(k), IRA, or similar retirement account? Without an estate plan, your designated beneficiary may not reflect your current wishes, and may result in burdensome tax consequences for your heirs. With an estate plan, you can choose your preferred beneficiary, and control access to large accounts - plus, you determine who gets what is left.
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