Do I have to pay child support if I make less money than my child’s other parent makes?
Maybe. Child support is not only determined by the income of the parties, but can also be based on who the primary custodian of the child is at the time.
Do I have to pay for my spouse’s debt?
That depends on whether the debt was incurred during the marriage. Just like property or things that you acquire during your marriage are presumed to be community property, debt works the same way and the court will presume that it belongs to you both.
How can I get alimony from my spouse?
An award of alimony, or spousal support in Louisiana, is based on whether you have a need for support, whether your spouse has the ability to pay support regularly, and whether you are at fault in the breakup of the marriage. If it can be proven that you were at fault, then you may be prevented from getting an award of spousal support.
How long does it take to get a divorce if my spouse and I have kids together?
The law requires that people who have children born during their marriage live apart for at least 1 year before they can obtain a judgment of divorce. You may file for divorce and then wait the required time, or you may live apart for the time period and then file your divorce proceeding.
How are things like retirement accounts and 401k divided in a divorce?
Generally, the law dictates that community property is divided equally between the parties in a divorce. When it comes to retirement accounts, parties divide the funds based on what was contributed during the marriage. There are different methods for dividing this kind of property, some involving a Qualified Domestic Relations Order, others requiring a roll over of assets from one account to another. Pensions are products that work differently and funds are not disbursed until after retirement begins.
What should I expect if we allow On Point Legal, LLC to help us?
In general, you should expect technical competence, practical forethought and personal service. The exact services you will receive depend on your specific situation. In every case, we will always explain the process to you in detail – so that you understand, and we will make ourselves available for any questions or concerns you have along the way. We will also prepare you for different issues that may arise along the way. We will handle all the paperwork necessary to finalize your adoption, including terminating the birth parents’ rights.
How much do private adoptions cost?
This is a difficult question to answer because every adoption is so different. There are certain expenses that are usually associated with private adoptions, but the amounts vary, these expenses include: our attorney fees, court costs, court filing fees, pre-surrender or birth parent counselor expenses, your home study and post placement report fees and birth parent attorney expenses. Other adoption fees may include legally allowed birth mother living expenses, medical expenses, adoptive family travel and lodging, and third party consultation fees. The range is wide - anywhere from $10,000 to $60,000, legal complexity, whether the father cooperates, human complications and [...]
How does your fee payment process work?
After we meet and discuss your circumstances, we will put together a proposal for fees and a payment plan. Depending on your circumstances, the proposal may be an hourly estimate for each stage of the adoption, a “fixed” fee plus cost, or a combination. You will get to see the proposal and have input finalizing the proposal. Most often, you are required to pay a deposit before we begin work. Invoices may be sent to you monthly or at intervals that meet your budget.
Can On Point Legal, LLC protect us from being scammed?
This is such an important issue to us. Sadly, being taken advantage of is a real risk. Our team will help protect you and itself from a parent’s fraudulent behavior by: Conducting on-going “risk assessments”, beginning with a birth parent(s) initial interview, research of their online clerk of court records and social media pages; Being vigilant and being able and willing to corroborate information we receive, including proof of pregnancy; Sensing risky signs (“red flags”), calling a meeting and bringing it to your immediate attention, then making a decision about what to do; Not creating or indulging in a birth [...]
What is a home study?
It’s a written report drafted by a licensed professional (most often an LCSW). They will collect a lot of background information about the adoptive family through interviews, requests for criminal histories, abuse & neglect histories, and references. The professional will also include his or her own personal evaluation and instincts. The standard is whether this potential home will be a safe and healthy one for the child, not whether the family is perfect in every way. The report is not meant to arbitrarily disqualify people who want to adopt. They usually cost about $1,500.00. They are not required for intrafamily [...]