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Buy Now Very low income household? Request a copy of our extended digital guide for free We will consider sending you our information for free if you cannot pay.To qualify you must complete the request form and have a household income of less than £1,100 per month after tax or be unable to access money.
Read the standard version of the guide for free online Under section 31(3) of the Senior Courts Act 1981, the court must not grant leave for an application for judicial review unless it considers that the claimant has a shorter time limits specified by CPR 54.5(5) and 54.5(6) for certain planning judicial reviews (within 6 weeks) or certain procurement decisions (within 30 days)..Read the standard version of the guide for free online.
The standard guide helps you apply for a court order about the arrangements for your children by explaining what you need to do.It also explains what can happen at the various court hearings UK judges change court rules on child contact for violent fathers nbsp.It also explains what can happen at the various court hearings.Choose section Introduction This guide is for you if you are a parent and you disagree with your child’s other parent or other family members about things like: • where your child lives, • who they live with and when, • how often they see the parent they don’t live with most of the time, and • who else they should see.You may have split up recently or years ago, shared a home or never lived together.
Maybe you had an informal agreement between you about your children but it no longer works for some reason.It doesn’t matter what is behind your disagreement; this guide is still for you.This guide will also be useful if it is not you but your ex or other family member who is applying for a court order.It is also for people supporting others in this situation, for example Personal Support Unit volunteers, CAB volunteers, housing support workers, advice workers and court staff as well as relatives and friends.
What does this guide do? It explains how to apply for a court order about the arrangements for your children.
These orders are called child arrangements orders.A child arrangements order sets out who your child or children will live with in the future, who they will spend time or have contact with, and when these arrangements will take place.It does not explain how to apply for an order for contact with your child if your child is in care – being looked after by the council.The guide assumes that you will be applying for a court order yourself, without the help of a lawyer.Can you spare a few minutes?We would be grateful if you could tell us what you think of this information by completing our Feedback survey.
We will use your feedback to seek funding and improve our guides and make sure they are as helpful as possible.Disclaimer The information in this guide applies to England and Wales and is for general purposes only.The law may be different if you live in Scotland or Northern Ireland.We have simplified things in the guide to give you an idea of how the law applies to you.
Please don't rely on this guide as a complete statement of the law or as a substitute for getting legal advice about what to do in the specific circumstances of your case.The cases we refer to are not always real but show a typical situation.We have included them to help you think about how to deal with your own situation.Are you willing to talk about your experience? If you are representing yourself in court and would be willing to speak to a friendly journalist about your experience, how difficult it is, and anything you have found that has helped, please contact us.You needn't use your real name if you don't want to.
We would always check with you before passing any of your details on to anybody.Acknowledgement This guide was originally written and produced by Advicenow with assistance from the Family Justice Council.We would like to thank all those who provided feedback on this guide.January 2018 Things you need to know There is one court called the Family Court, which works in different places across England and Wales, and which deals with disagreements among separated families.These are not the same courts where people who are accused of doing something wrong go.
As parents, you share responsibility for sorting out arrangements for your children.It is up to you to make every effort to agree how you will bring them up.If talking is difficult, help is available.In almost every case, courts expect both parents to see their children.This is because it is almost always in a child’s best interests to spend time with the parent they are not living with day to day.
Sometimes (but not very often) courts make an order restricting or monitoring this time, for example, contact between a parent and child may be limited to letters, cards and presents.A court will only refuse to allow all contact in rare circumstances.If your ex does not pay maintenance or pays late, that does not give you the right to stop them seeing the children.If your ex stops you seeing the children, that does not give you the right to stop paying maintenance.These issues are not linked in this way, although people commonly think they are.
The arrangements you make now for your children may not be the right arrangements for them next year or in 5 years time.Be ready to recognise this and adapt to meet the changing needs of your children.Whatever your situation, going to court is not the place to start.
Before you apply for a court order about the arrangements for your children, the court requires you to find out about family mediation first, unless you can show that your case is exceptional (for example, where there has been violence or abuse between you).Family mediation is available whether you split up recently or years ago, shared a home or never lived together.Family mediation is not the same as ‘marriage guidance’; it is not intended to help you work out the differences in your relationship or about getting back together.In fact it is the opposite; family mediation aims to help you to agree how you will live apart.In a situation where you cannot agree about the arrangements for your children, a family mediator can help you discuss possible solutions.
But it is not the mediator who makes the decisions or agrees to a plan; it is you.If you do end up going to court, the court will be concerned to help you and your ex agree things between you where possible.Courts prefer not to make a decision for you and think your own agreement is better in the long term for your children.If you represent yourself in any court proceedings without the help of a solicitor or barrister, then the law calls you a ‘litigant in person’.It is possible that you and your ex are both litigants in person.
You may also hear people talk about ‘self-representing’.We talk about the court ‘doing’ things quite a lot in this guide.For example, the court may ‘send’ out a form, ‘make’ a decision or ‘think’ about something.
It sounds a bit odd because most people think of a court as a place, a building.
But ‘the court’ is often used as shorthand to refer to the people working in the court, whether they are a judge or court staff.And that’s how we use the term here and how you will probably hear other people use it too.We use the word ‘ex’ in this guide to mean your child’s other parent.Legal aid Legal aid is a government scheme to help people who live on a low income, have few savings and meet specific other criteria, pay for legal advice, representation and other help.Legal aid is no longer available to pay for legal advice from a solicitor to help you apply for a court order about the arrangements for your children unless you can prove, for example, you have suffered domestic abuse or that your child is at risk of abuse from your ex.
Domestic violence and abuse is any controlling, coercive, or threatening behaviour, violence or abuse.The abuse may be psychological, physical, sexual, financial or emotional.If you are in this situation there are organisations that can help you.See More help and advice - child arrangements To apply for legal aid, you must be able to give your solicitor some evidence that you have suffered domestic violence or that your child is at risk of abuse from your ex.For further information, see: Legal aid for victims of domestic violence Legal aid is still available to pay for family mediation.
Eligibility for legal aid depends on your financial circumstances.You can check if you are financially eligible for legal aid here: Check if you can get legal aid What does the court take into account when it makes a decision? The law explains what a court needs to take into account when it makes a decision about your child.The court will consider your child’s welfare above all else.This is about trying to decide, sometimes in difficult circumstances, what is in your child’s best interests.The law makes it clear that the court must only make an order if doing that is better for your child than making no order at all.
You may hear lawyers call this the ‘no order principle’.The court must also avoid any delay, where possible as it is generally agreed that delaying a decision is not usually good for children and can sometimes cause them harm.If it is important that the court makes a decision before a particular event takes place, for example, your child starts nursery or goes back to or changes school or moves to live with another family member, then the court should take this into account when they organise the hearing in your case.In addition, the law gives the court a checklist of other things to think about when deciding what is best for your children.You may hear this called the 'welfare checklist'.
These are the factors on the checklist: Your child’s wishes and feelings This does not mean that the court will do whatever your child says they want.But if your child is old enough to understand the questions they are asked and the court (with the help of a Family Court Advisor) can find out what they think, then it will consider what they say.For more information about Family Court Advisors see The Children and Family Court Advisory and Support Service (Cafcass or CAFCASS Cymru).The court will want to know that your child’s wishes and feelings are their own and have not been influenced by either of their parents.The court will pay more attention to the wishes and feelings of a child the older they are.
In a few cases, the court may want to meet your child, or get a letter from them giving their views.Your child’s physical, emotional and educational needs This includes your child’s need for love and affection as well as for education, a home and food.It also includes things that can affect your child’s emotional well being.So if, for example, your proposals involve separating one child from his/her brother or sister, the court will consider how this will impact on their emotional needs.If you and your ex argue or resort to violence with your children around, again the court will take this into account.
The likely effect of any change in circumstances on your child Change can be disruptive for children so the court will want to think about the effect on your child of any change you are suggesting, for example, in where they live or who they live or spend time with.Does the benefit of any change outweigh any possible negative effects? The age, sex, background and any relevant characteristics of your child This includes any cultural, religious or language needs as well as any disabilities.Any harm your child has suffered or is at risk of suffering Harm can mean ill treatment or damage to your child’s health or development, the impact caused by them seeing or hearing domestic violence or abuse or by preventing contact without a good reason.Can you protect your child from this kind of harm? How capable you and the child’s other parent are of meeting your child’s needs Do you have the skills to look after your child and meet their needs? If, for example, you have drug or alcohol problems and these problems affect your ability to meet your child’s needs then this is something the court will take into account.The power of the court to make a different order from the one you have asked for The fact you have asked for a particular order does not restrict what a court can do.
The court’s view about what is best for your children may or may not be the same as yours.There is always a possibility that neither you nor your ex gets what you asked for.The court’s duty to protect a child is so important that if, for example, it thinks your child is at risk of possible significant harm it could ask the local council to get involved.Sorting out arrangements for your children by negotiation and agreement You can sort out the arrangements for your children by agreement at any time – either before or after you start court proceedings or without there being any court proceedings at all.Whether you manage to do this will depend partly on you and your ex’s attitude to solving your problems this way.
Any agreement usually means being prepared to compromise – accepting less or giving more.But it may be worth doing this to avoid the uncertainty and expense of going to court.If you are not willing to negotiate and reach an agreement about the arrangements for your children then you may have no choice but to go to court.Reasons for agreeing the arrangements for your children: You decide what happens rather than somebody who does not know your child.√ It can create more certainty about the outcome.√ There are many services available to help you resolve your differences and come to an agreement about the arrangements for your children.You can find a list of recommended services here Signposting services.
Parenting plans A parenting plan is a written plan worked out following negotiation between you and your child’s other parent or other family members.
It sets out your decisions about the everyday, practical issues to do with caring for your children including how you are going to communicate about the children, living arrangements, money, education, religion and healthcare.A parenting plan can be a useful way of making sure everyone involved knows what is expected of them and creating some certainty for the future.For more information about parenting plans, the questions to ask and how to create one, see Parenting plan.Before you can go to court (child arrangements) In this section we explain what you need to do before you start court proceedings.Experience suggests that reaching an agreement yourselves is usually better than the court telling everyone what to do.
You are more likely to be satisfied with the outcome and stick to the decisions you have made together.And children do better when their parents and relatives cooperate with each other.Mediation Information and Assessment Meetings (MIAM) Anyone thinking of going to court must attend a Mediation Information and Assessment Meeting (MIAM) before making an application unless the requirement doesn't apply because, for example, they are applying for a consent order or are exempt.This applies whether you are applying for a court order yourself without the help of a lawyer (you are a ‘litigant in person’) or you are represented by a lawyer and whether you have legal aid or not.The purpose of this meeting is to: give you information about how you might be able to sort out your disagreement without going to court; and assess whether mediation is a safe way for you and your ex (or other family members) to try and sort out your disagreement.
You contact an authorised family mediator to set up a Mediation Information and Assessment Meeting.They will invite you to attend a MIAM either separately or together with your ex.You can find an authorised family mediator by searching here Family mediator search or here Find a legal adviser or family mediator.What happens at a Mediation Information and Assessment Meeting? The meeting will probably last about 40-45 minutes.The mediator: Explains what family mediation and other forms of dispute resolution are and how they work.
Explains the benefits of mediation, other forms of dispute resolution, and the likely costs.Answers any questions you have about your situation and how mediation might work for you.Assesses whether you are eligible for legal aid for mediation or will have to pay for it.Assesses whether mediation or other form of dispute resolution is suitable in your case.Completes the relevant part of the C100 form if you want to make a court application.
For more information about how these meetings work, see The assessment meeting (MIAM).Mediation aims to help you communicate with one another now and in the future and to reduce the extent or intensity of any dispute and conflict within your family.Trained mediators can help you talk to each other and find solutions, even when it is hard.They are there to assist you both and can provide you with a safe and supportive environment where you can work out solutions together.Once you have been to the Mediation Information and Assessment Meeting, you or the family mediator may decide there are reasons why mediation will not work for you.This may be because there has been domestic abuse in your relationship.It may be that one or more of you have a drug or alcohol problem or a mental illness.That problem or illness may create such a big risk that it isn’t safe for mediation to take place.Circumstances when you don’t have to attend a MIAM There are some circumstances when you don’t have to attend a Mediation Information and Assessment Meeting.
For example, if your application is urgent or where there has been domestic violence between you.You can find the full list of circumstances in which you can ask the court to agree that you don’t have to attend a Mediation Information and Assessment Meeting (the law calls this ‘claiming an exemption’) here MIAM exemptions.
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If you want to claim exemption from attending a Mediation Information and Assessment Meeting, there is a section of the C100 application form you must complete if or when you apply for a court order.You can find a link to this form here Application form for a child arrangements, prohibited steps or specific issue order (C100).How much does it cost to go to a Mediation Information and Assessment Meeting? Charges vary from one mediation service to another and often according to your gross annual income Top five most common myths about divorce and separation. • We are common-law man and wife so I have the same rights as if we were married. Page 34. • I didn't commit adultery because I was already separated from my wife when it happened. Page 30. • The wife always gets the house when a couple divorces. Page 40..
How much does it cost to go to a Mediation Information and Assessment Meeting? Charges vary from one mediation service to another and often according to your gross annual income.
When you phone a family mediator to arrange a Mediation Information and Assessment Meeting, ask about how much they charge.Some make no charge for the Mediation Information and Assessment Meeting itself but charge for completing the relevant section of the C100 form This paper was presented by the Honourable Mr. Justice Joseph W. Quinn at the 2012 Family Law. Institute in Toronto time: after three days, I develop a facial tic; within five days, I begin to limp; after more than seven days, I start to drool I attempted to construct some order to the list, but the task became too annoying. 7..Some make no charge for the Mediation Information and Assessment Meeting itself but charge for completing the relevant section of the C100 form.If either you or your ex is entitled to legal aid then the initial Mediation Information and Assessment Meeting, completing the relevant part of the C100 form and the first mediation session are free for both of you This paper was presented by the Honourable Mr. Justice Joseph W. Quinn at the 2012 Family Law. Institute in Toronto time: after three days, I develop a facial tic; within five days, I begin to limp; after more than seven days, I start to drool I attempted to construct some order to the list, but the task became too annoying. 7..If either you or your ex is entitled to legal aid then the initial Mediation Information and Assessment Meeting, completing the relevant part of the C100 form and the first mediation session are free for both of you.After that, any further mediation sessions will only be free for the person who has legal aid.You may also be able to get legal aid for help from a solicitor during the mediation process freemegabites.com/research-proposal/need-to-purchase-a-recreation-and-leisure-studies-research-proposal-137-pages-37675-words-platinum-asa-quality.
You may also be able to get legal aid for help from a solicitor during the mediation process.
If you are the person who isn't eligble for legal aid, you will have to pay for any mediation sessions after the first one.You must take documents proving what your income is and what savings you have to the first meeting.The mediation service will explain what evidence of your means they need to see in more detail, but if you are not clear what to take with you, don’t hesitate to ring them and ask.Without this evidence you risk getting charged because the service won’t be able to assess your eligibility for legal aid.Forms and rules The process Whether you are using a solicitor or doing it yourself, it’s useful to have an understanding of what is involved in a typical application for a child arrangements order.
Even though your case may be different, we hope this example makes the process seem a bit less daunting.You will come across lots of new technical words.This is the jargon that lawyers and court staff use.We think there's no getting around it; you have to understand what it means too.
We explain these words here: The story so and Mo have 2 children; one is 7 years old and the other is 5.
Mo looks after the children on a day to day basis.Pat used to see the children regularly but Mo is now telling him that his visits unsettle the children and that he cannot see them for the time being.Pat suggests they visit a family mediator but Mo is not willing to do this.This is a step by step description of how Pat applies for a child arrangements order.
Pat finds a family mediator, asks about their charges and arranges a Mediation Information and Assessment Meeting with them.For information about how to find a family mediator, see More help and advice - child arrangements.The mediator invites both Mo and Pat to attend this meeting but only Pat goes along.
At the end of the meeting the mediator fills in part of the C100 form and gives it to Pat.You can find more information about this form in our extended guide.Pat fills in the rest of the C100 form as fully as possible and signs and dates it.It is very important Pat provides all the information the form asks for about Mo including details of her previous addresses for the last 5 years.
If he doesn't, this will hold up his case.Pat goes to his local library and makes 3 photocopies of the completed C100 form.Pat checks whether the family court charges a fee for this kind of application and whether he is eligible to get help paying the fee.
For information about court fees, see Going to court - the basics (child arrangements).Pat sends the original C100 form and 3 copies to the family court.He includes a cheque for the correct court fee.(If Pat does not have a bank account he can send a postal order instead or take the forms to the court and pay the fee in cash.
The court issues the proceedings and sends Pat a copy of his application together with a Notice of hearing.This tells Pat when and where the first meeting with a judge will take place.The court serves a copy of the C100 form together with a Notice of hearing, Directions on issue and Acknowledgement form (Form C7) on Mo.
You can find more information about these forms in our extended guide.The court sends a copy of Pat’s application to Cafcass or CAFCASS Cymru.A Cafcass officer checks to see whether the council or the police have any knowledge or worries about the children and also speaks to both parents separately on the phone.The court also tells Pat and Mo if there is anything else they need to do before the first hearing.
Cafcass stands for Children and Family Court Advisory and Support Service.Cafcass operates in England and CAFCASS Cyrmru in Wales.For more information see The Children and Family Court Advisory and Support Service (Cafcass or CAFCASS Cymru).Pat and Mo go to the family court for the First Hearing Dispute Resolution Appointment (FHDRA).
They don’t take the children with them as they are too young to attend court.(At this first meeting, a judge and a Cafcass officer (in Wales, a Welsh Family Proceedings Officer) will talk to Pat and Mo about what it is they cannot agree about.They will also discuss whether mediation is suitable for them and could help them reach an agreement about the arrangements for their children.Pat and Mo cannot agree about allowing Pat to see the children and so the judge makes directions instead.
The judge tells both Pat and Mo to write a statement setting out their views and gives them a deadline for doing this.The judge also asks the Cafcass officer to prepare a report and make a recommendation and fixes a date for the next hearing, a Dispute Resolution Appointment.Pat and Mo write their statements and file them at court in good time before the deadline.
They each send a copy of their statement to the other.
The Cafcass officer visits Pat and Mo separately, meets the children and writes a report recommending that Pat spends time with the children once during the week and has them to stay every other weekend.At the Dispute Resolution Appointment, the judge explains to Mo that the Cafcass report recommends that the children spend time with Pat, and that this is likely to influence the judge’s decision if the case goes to a final hearing.The judge encourages Mo and Pat to reach an agreement in line with the report’s recommendation.
Despite the Judge’s encouragement, Mo and Pat still cannot agree.At the final hearing, Mo and Pat take it in turns to tell the judge what they are finding difficult to agree and what result they are looking for.The judge discusses the recommendation in the Cafcass report with Pat and Mo.
Mo and Pat each decide that they will go along with the Cafcass officer’s recommendation.The court gives Mo and Pat a copy of the order before they leave court.FINISH Going to court - the basics (child arrangements) In this section we explain which court to use, where you can find the forms you will need and information about court fees and court rules (Family Procedure Rules).We also talk about how much it could cost and how long it will take.Which court? You can apply to any Family Court but you will probably want to apply to the one nearest to the children.You can find the contact details and opening times of all courts here Find the right court or tribunal.
How long will the case take? It is hard to say, but the length of a case is likely to depend on the number and complexity of things you disagree about.But courts are very aware that any delay in decisions affecting children is not good.So, most cases take weeks or months rather than years.Forms Your family court will have the forms you need and should send them to you for free.Otherwise you can find the forms you need here Search for court forms and leaflets.
It is OK for you to print out forms to fill in from this link.Choose ‘Children Act’ from the menu under the heading ‘Available types’ and then click on ‘Search → ’.We will try and help by including a link to those forms that are most relevant in this guide.Where the form is also available in the Welsh language, we include a second link.Most court forms seem a bit intimidating when you first look at them.
A large part of most form filling involves giving factual information.Read though each form a couple of times to find out what information it asks for.Then get together the information you need before you start filling it in.Once you have done this, the job may turn out to be a bit easier than you first thought.It is unnecessary to use long words and legal language in what you write.
The best thing is to keep it short and simple.Stick to what is relevant and try not to repeat yourself.How much it will cost? How much it costs you will depend on whether you deal with all the paperwork yourself or pay a lawyer to do some or all of it for you.So, usually, every time you write, email or phone, they will charge you for the time they spend reading what you say, thinking about what advice to give you and giving you that advice.
The more often you contact them, the more time they spend negotiating on your behalf or representing you at court hearings, the greater the cost – to you.If you use a lawyer, the key is to use their time carefully.So prepare a list of the points you want to make and questions you want to ask before you speak to them.Legal costs can add up to thousands of pounds.This is one reason why courts encourage people to mediate and reach an agreement either without going to court at all or before the final hearing.
More and more lawyers are offering packages of legal services for a fixed fee.Sometimes these services include a free first meeting.We suggest you ring round or email several to check what they offer for the price they are quoting.What will they do for you? What do they expect you to do? You can also pay for a lawyer to give you a specific piece of advice or do a specific task.
So, for example, you could decide to pay them just to prepare your application.
If so, ring round and ask for a quote for doing this job.You might want to pay them to be available on the phone on the date of the first hearing to answer your queries or to represent you at the final hearing.You can also consult a barrister directly without having to involve anyone else (for example, a solicitor).For information about the Public Access scheme, see Public access to barristers.You should only have to pay for your own costs (not your ex’s as well) unless the court decides you have run your case unreasonably.
That might include not doing what the court has ordered, failing to turn up for hearings, misleading the court or your ex or continue trying to make unreasonable arguments.Family court fees You usually have to pay a family court fee when you start (issue) proceedings about the arrangements for your children.For information about family court fees and when and how to pay them, see Civil and Family Court Fees.In some circumstances you may not have to pay a fee at all or only a reduced fee if you have a low income.For example, you will not pay anything if you can prove that you get Income Support, income-based Jobseeker’s Allowance, Pension Credit guarantee credit, Universal Credit with gross annual earnings of less than £6,000, or income-related Employment and Support Allowance and your savings or other capital don’t exceed certain limits.
You have to complete a separate application for each court fee you want help paying. This may mean you have to complete this form more than once during your case.You can work out if you are likely to be eligible by using the online Fee Remissions Contribution Calculator (EX 160C).To find this calculator, type ‘EX160C’ into the search box at Search for court forms and leaflets.Family procedure rules These rules explain what you need to do when.
You may hear lawyers talk about the ‘FPR’.What they are referring to are these rules.You need to follow the ones that apply to your case.You can find the rules here: Family procedure rules A quick look will probably just confirm your worst fears; there are loads of them.And an individual rule often comes with one or more additional bits of guidance, called ‘practice directions’.
The good news is that only a few rules and practice directions are likely to apply to your case, unless it is very complicated.So it is not like a book, you don’t have to start at the beginning and read all the way through to the end.You need to pick out the rules that are relevant to your case.We will try and help you do this by including any key rules in this guide.Top tips Get organised! Write your case number on any letters, documents or forms you send to the court.
This way they will get linked up with your case.The case number is how the court is able to identify all the papers in your case.You will find your case number on any letters or documents about this case that you have had from the court.Keep copies of any letters you send, emails sent and received and original letters received as well as court papers in date order in a folder.Applying for a child arrangements order Buy our extended guide for more information about who can apply for this kind of court order, how you apply, what forms you must fill in, how you will know you have successfully started your case, who you have to tell about your application and what happens next.
Here's a brief overview of what's involved: Checklist for starting (issuing) an application for a child arrangements order Identify the right forms for your case (C100 or C2? +C1A? +C8?) Read them through to find out what information they ask for Collect any information you need, for example, a copy of a previous court order about your child or children, previous addresses in the last 5 years.Answer all the questions that apply to you.Work out how many copies of the completed forms you need.
If you are not sure, ask the court office.Attach any Parenting Plan you have completed in the past or any summary of the progress you are making with producing a Parenting Plan.Make the required number of copies of the completed forms.Copy any previous court orders about your children.Attach the correct court fee or completed form EX160 applying for help with fees to your application.
Send or take your application and other documents together with the correct number of copies to the family court.Forms and rules You can find form C2 here: Form C2You can find the same form in Welsh and English here: Form C2 (Welsh/English version) I am the respondent.What do I do now I have received these court papers? For step by step guidance on how to respond if you've been sent a copy of your ex’s application for an order about the arrangements for your children, buy our extended guide.
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The Children and Family Court Advisory and Support Service (Cafcass or CAFCASS Cymru) In this section we explain what the Children and Family Court Advisory and Support Service is and what they do.There are two of these services; one in England and one in Wales.
The service in England is called ‘Cafcass’ which is short for the Children and Family Court Advisory and Support Service: Cafcass (England) 2010 No 2955 L 17 FAMILY PROCEEDINGS SENIOR COURTS OF nbsp.The service in England is called ‘Cafcass’ which is short for the Children and Family Court Advisory and Support Service: Cafcass (England).
In Wales the organisation is called CAFCASS Cymru: Children and Family Court Advisory and Support Service (CAFCASS) Cymru.Both organisations provide advice and support to help family courts and families make decisions in the best interests of children 30 Jan 2016 - At the time of year when marital meltdowns are at their peak, we ask the country's most senior divorce lawyers for their advice. Get your house in order: make a list of your assets, liabilities and income as best you can, and gather together paperwork relating to your finances. A word of caution: don't access .Both organisations provide advice and support to help family courts and families make decisions in the best interests of children.A Cafcass officer (in Wales, a Welsh Family Proceedings Officer) - sometimes also called a Family Court Advisor - is a specialist social worker whose job is to help you agree the arrangements for your children if possible, carry out safeguarding enquiries and, if asked by the judge, write a report for the court about your children’s needs 30 Jan 2016 - At the time of year when marital meltdowns are at their peak, we ask the country's most senior divorce lawyers for their advice. Get your house in order: make a list of your assets, liabilities and income as best you can, and gather together paperwork relating to your finances. A word of caution: don't access .
A Cafcass officer (in Wales, a Welsh Family Proceedings Officer) - sometimes also called a Family Court Advisor - is a specialist social worker whose job is to help you agree the arrangements for your children if possible, carry out safeguarding enquiries and, if asked by the judge, write a report for the court about your children’s needs.
Once they get a copy of your application, Cafcass or CAFCASS Cymru will carry out safeguarding enquiries (you may also hear these called ‘screening checks’) to make sure your child is safe and not at risk of harm.
Screening is the process of asking for, receiving and closely inspecting information about the adults and children involved in your application.A Cafcass officer (in Wales, a Welsh Family Proceedings Officer) carries out enquiries by: looking at your application form to see if you have ticked any of the boxes to say that you are concerned about the risk of harm to your child or children.(Sometimes even if you haven’t ticked any of these boxes, there may be something in your application that suggests there could be a risk.So, for example, if you mention that your children’s father is about to be released from prison, they will probably look into this further.) looking at the C1A form (if you have filled one in) and deciding whether they think there is a genuine risk of harm.
checking whether the police or council have been involved with you, your ex, or your family and whether either of them have any concerns about either parent.(These checks are standard practice now and happen in every application for a child arrangements order whether or not your family has ever had any contact with the police or social services.) This information is then provided to the court, usually in time for the first hearing.Cafcass or CAFCASS Cymru will usually give this information to you too.If they don’t then the court will tell you what’s in the information unless it thinks that doing this might create risks for you or your ex (or other family member) or your child or children.
If the judge asks, a Cafcass officer will write a report for the court about your children’s needs.The judge may ask the Cafcass officer to focus on one or more particular issues which you disagree about.The first hearing (the First Hearing Dispute Resolution Appointment) In this section we explain what happens at the first meeting (hearing) you have with a judge.Before the first hearing In some cases you may be told to do something before you go to court for the first hearing; if so you will receive an order from the court.For example, you may have to provide a summary explaining what progress you and your ex have made in producing a Parenting Plan or attend a Mediation Information and Assessment Meeting if you have not been to one, and the Judge decides that you have wrongly claimed to be exempt.
The first hearing The first hearing usually takes place about 4-6 weeks after you start your case.You and the respondent must both attend.If you don’t turn up, the court can refuse your application or go ahead without you.It the respondent does not turn up, the court can go ahead as long as it thinks the respondent knew about the hearing.If neither of you attend, the court may refuse your application.
The hearing usually lasts between 30 minutes and 1 hour.You will meet a judge and a Cafcass officer (in Wales, a Welsh Family Proceedings Officer).They will want to be clear what you agree about and where you disagree.They will try and help you find a solution to some or all of the issues you can’t agree about.The Cafcass officer will try and talk to each of you before the hearing.
This short film explains what happens at the first hearing: Attending the first hearingThe court will decide whether: your child should be involved in the proceedings, and if so how; it needs a report from the Cafcass officer or from the local authority (if a local authority has been involved in your family’s life); it needs expert evidence, for example, from a child psychologist; you and the respondent must prepare and file a statement.You can find more information about how to prepare a statement in our extended guide.a fact finding hearing should take place.This is a special hearing which the court may arrange so that a judge can decide whether there is any truth in the allegations of domestic violence or abuse made by either of you.This hearing will be arranged if the judge considers that the allegations (if true) would be likely to affect the final decision of the court and there is no other way of dealing with the case properly.
to make an interim order, for example, that a child spends time with the parent they don’t live with day to day in the weeks before the final hearing; to postpone (the law calls this 'adjourn') the case, for example, to allow a MIAM to take place or to give you time to complete a parenting plan or the opportunity to attend mediation; to ask HM Courts and Tribunals Service to produce a bundle, if both parties involved in the dispute are litigants in person; to arrange a Dispute Resolution Appointment or a final hearing; or to make a final order.If the court cannot make a final order, it will make an order for directions.This is a list of instructions telling you and your ex (or other family member) what to do and when and is how the court manages the case to make sure it makes progress.If possible, the court will give you a copy of the order it makes before you leave the courtroom.If there are things in it you do not understand, say so, politely.
You should know if there is going to be another hearing in your case and the date, time and location of that hearing before you leave the court.You can find a link to the court rules about the First Hearing Dispute Resolution Appointment (FHDRA) here Practice direction 12B - First Hearing Dispute Resolution Appointment (FHDRA).Involving children The judge will think about how your child should be involved in any decision made.Depending on how old they are, their wishes and feelings must be considered.
Often a Cafcass officer or social worker will do this by talking to your child.Sometimes a child might want to write a letter to the judge or meet them.The judge will ask for your views about this.If the judge does talk to your child they won’t ask them what they want to see happen.Instead it’s an opportunity for your child to see that the judge has understood their wishes and feelings.
It is also allows your child to see the place where important decisions are being made about them and meet the person making them.The judge will also want to think about how your child should be told about the decision once it is made.It may be that you or your ex can do that or perhaps a Cafcass officer or social worker if that would make things easier for your child.Consent orders If court proceedings start, it is very common for arrangements for the children to be sorted out by negotiation and agreement at the first hearing.
The details of what you have agreed will be recorded and approved by the court.
If the court thinks you can stick to what you have agreed, it may decide not to make a court order at all, even an order that you both agree to (a consent order).However the court will make an order if it thinks that would be best for your child or children.Who can come to the hearing? The first hearing (and any later hearings in your case) will be held in private.However, that doesn’t stop you bringing a friend or family member along to court with you for moral and practical support.If you want them to go into court with you, you will have to ask the judge.
Sometimes that will be okay, especially if you can explain why it would help you for them to be in court with you.But be prepared for the judge to say no, in which case they will have to wait outside for you.You can take someone into the hearing with you if you want them to act as your McKenzie friend (supporter) but they will not be able to speak on your behalf.They will almost certainly need to tell the Judge who they are, and a little about themselves.They should have no involvement in the case.
Tell the judge as soon as possible if you want someone to take on this role.You can find the guidance explaining what McKenzie friends can and cannot do here Practice Guidance: McKenzie Friends (Civil and Family Courts).The judge can ask your McKenzie friend to leave the court if they behave in a way that interferes with the court doing its job, for example, if they make loud comments.Rules about whether the media are allowed to be at your court hearing There are strict rules about whether and when the media are allowed into court in family cases.For information about whether and when the media can attend the hearing about the arrangements for your children, see Can the media attend my court case? Frightened of meeting your ex at court? If you are worried about meeting your ex at court because they have been violent or abusive to you in the past, phone the court and tell them this.
Ask them to make arrangements for you to wait for the hearing in a safe place.When you arrive at court, ask security to show you where to go.You can also ask them to help you leave the court separately from your ex, perhaps via a different exit, after the hearing.The Personal Support Unit has volunteers based in some courts who may be able to help, for example, by accompanying you to and from a hearing.Dispute Resolution Appointment If you are unable to reach agreement at the first hearing, it may be that the court will postpone (adjourn) the case to get a Cafcass report on the children or to investigate allegations of domestic abuse.
When this further information is available, the judge may ask you to attend court for a Dispute Resolution Appointment.At this hearing the judge will explore with you whether you and your ex (or other family member) may be able to agree arrangements for your children, even at this late stage.It is generally better if you can agree things between you rather than have a court impose an order on you.If you are unable to reach agreement, the judge will order that the case is listed for a final hearing.The judge can do a number of things at a Dispute Resolution Appointment, for example: identify the key issue(s) that need to be decided and how far they can be sorted out at this hearing; consider whether your case can be dealt with and finished at this hearing; listen to the evidence as a way of resolving or narrowing down the areas of disagreement (the law calls these ‘issues’) between you; identify what evidence there is on the areas of disagreement which remain to be sorted out at the final hearing; give final case management directions.
These can include instructions about what further evidence you must file, whether you must file a statement, whether you need a file containing the relevant papers for the hearing and the date of the final hearing.The final hearing In this section we explain what a final hearing is, what happens in it and how to get ready for it.The final hearing is when a judge hears the evidence and makes a decision.But this only happens if you cannot reach an agreement yourselves.People often think that the judge will run the hearing; that the judge will ask their ex questions, give them a hard time or unpick the evidence to get at the truth.
Judges will help where they can (particularly if they think that you are struggling) but if it is your application, generally you have to be prepared to take the lead.Judges vary in how they start a final hearing.They should explain what is going to happen and put you at your ease.The judge may invite you to speak, or not.They may just expect you to stand up and start.
If you are not sure what to do, just stand up and say something like, ‘Would you like me to start now?’ If you don’t know the judge’s name or how senior they are, it is best to call a man ‘Sir’ and a woman ‘Madam’.Sometimes hearings take place in rooms rather than in courts and you may not need to stand up when speaking.If you're not sure about where you should sit and whether to stand or stay sitting when speaking, just ask the judge.You and your ex will each have a chance to tell your story (the law calls this ‘giving evidence’).You will have to make a formal promise to the court to tell the truth (the law calls this ‘take an oath’ or ‘affirm’).
Whoever is the applicant goes first and the respondent second.If your ex is represented by a lawyer, then the lawyer will get them to tell their story by asking them questions.When your ex finishes telling their story, you and the judge can ask them questions.When you finish telling your story, the judge (or your ex’s lawyer if they have one) can ask you questions.The Judge will help with asking questions where necessary.
When you ask questions, make sure they are questions and not speeches.If Cafcass or CAFCASS Cymru has prepared a report, the author of the report usually attends court for the final hearing.This will give you, your ex and the judge an opportunity to ask them questions about what the report says and the recommendations.The judge decides what orders to make about the arrangements for your children and explains the reasons for their decision.
Sometimes this will not happen on the same day as the full hearing because the judge needs more time to think about your case.
In this situation you will be asked to come back to court another day.You won’t have to wait too long, maybe another week or so.If you don’t turn up to the hearing, perhaps because you are feeling sick with nerves, it will usually still go ahead.To avoid this, try and get a friend to go with you.If you don’t go, it is likely that you will lose your case.
If you have a good reason for not being able to get to court, it is really important that you phone the court office and ask them to get a message to the judge explaining the reason.The judge will then know that you are not simply avoiding the hearing.If you are genuinely too ill to attend court, you will usually have to provide a letter from your doctor to confirm this.Getting ready for the hearing Make sure you have done everything the court has asked you to do.Have you sent all the documents you were told to send to the court? Make a note of what you want to say at the hearing so that you can refer to it.
This will help you not to forget anything.You may think that what you want to say on the day will just occur to you at the time.Think about and plan the questions you want to ask your ex.Have a summary ready of what you want the court to order.If you are representing yourself (speaking for yourself, without a lawyer to speak for you), then sections 3 and 4.4 of this guide are very useful: A Guide to representing yourself in court (PDF) Have a look at these films: Top tips Ask questions if you feel unsure about what is going on.The Judge is not ‘for’ or ‘against’ you; that is not their job.They will usually help or prompt you when necessary.
Take notes of what the other party says.There may be a point you disagree with and having notes will help you to argue your case more convincingly.When someone asks you a question listen to it carefully and answer the question you are being asked.If you don’t understand the question, say so and ask for it to be put in a different way.Take someone else with you to take notes for you when you are speaking.
There will be times when you can’t do both! In some courts a volunteer from the Personal Support Unit may be able to come with you.Take notes of the Judge’s order at the end.Ask the Judge what the order means if you don’t understand it.Rules about who you can communicate with about your case There are strict rules about who you can communicate with about your case.Communication doesn’t just mean talking to someone.
It includes, for example: talking Statements A statement is a written summary explaining your view of the background to the disagreement between you and your ex, what has caused you to come to court, what you want the court to do and why you think this would be best for your children.Buy our extended guide for more information about when you have to prepare a statement, an example of a statement and top tips to help you write one yourself.More help and advice - child arrangements There are many services available to help you resolve your differences and come to an agreement about the arrangements for your children.
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You can find a list of recommended services here: Signposting Services How to find a family mediator Ask friends and family for a recommendation or your solicitor if you have one.Or use the family mediator finder service provided here: Family mediator search.
It is fine to phone around, ask how much they charge and compare prices Order in Council. At Wellington this 16th day of September 2002. Present: Her Excellency the Governor-General in Council 62AB, Approved forms for use in proceedings under Domestic Violence Act 1995. Shape, etc, of documents to be filed. 63, Documents to which rules 64 to 69 apply. 64, Paper. 65, Contents must be .It is fine to phone around, ask how much they charge and compare prices.
How to find a legal advisor Ask friends and family for a recommendation.You can also search here: What does it mean? (Child arrangements) Acknowledgement (Form C7) - is the form the respondent uses to tell the court that they have seen the application about the arrangements for the children a judge s view things lawyers do that annoy nbsp Ontario Bar Association.You can also search here: What does it mean? (Child arrangements) Acknowledgement (Form C7) - is the form the respondent uses to tell the court that they have seen the application about the arrangements for the children.Acknowledgement of service – the respondent ‘acknowledges service’ when they reply to the court (usually by filling in and returning a form) agreeing that they have received the application about the children a judge s view things lawyers do that annoy nbsp Ontario Bar Association.Acknowledgement of service – the respondent ‘acknowledges service’ when they reply to the court (usually by filling in and returning a form) agreeing that they have received the application about the children.Allegation - a claim that someone has done something wrong.
Applicant – the name given to someone who applies to a court for a court order .Applicant – the name given to someone who applies to a court for a court order.Application – how you ask a court to do something.Bundle - an information pack that pulls together all the information and evidence relevant to the case in one place.It makes it easier to refer to information during a hearing.C100 form - the application form that starts the process of asking for an order about the arrangements for the children.
Cafcass – Cafcass stands for Children and Family Court Advisory and Support Service.CAFCASS Cymru – CAFCASS stands for Children and Family Court Advisory and Support Service.Cafcass officers (sometimes also called family court advisors) – are specialist social workers whose job is to help parents agree the arrangements for their children (where this is possible) and write reports for the court about the needs of children.
Child arrangements orders – an order which sets out the arrangements about who a child is to live, spend time or have contact with and when.Confidential contact details Form C8 - the form you fill in if you don’t want to reveal your contact details (your address, telephone number, email address) or the contact details of your child or children.Form C8 is just for the court – so they know where you are and how to get hold of you.The information you give on it will be kept secret unless the court orders differently.Directions on issue - instructions given at the very beginning of a case telling you what to do and when.
Dispute resolution – this refers to ways of sorting out disagreements without going to court.It includes methods such as mediation and arbitration.Dispute Resolution Appointment (DRA) – this is a court hearing which takes place towards the end of the court’s involvement in your case.It gives you another opportunity to see if you can sort out your disagreement with the help of a judge.File – you file something at court, for example legal forms or documents, when you either take or post them to the court office.
First Hearing Dispute Resolution Appointment (FHDRA) – the court hearing which takes place at the beginning of the court’s involvement in your case.Hearing – the name given to a meeting with a judge or magistrates.Issue – officially start court proceedings.Litigant in person – this is what the law calls you if you represent yourself in court proceedings without the help of a solicitor or barrister.Notice – a notice is a bit like a letter.
They are the way courts tell you what is going on and what you need to do next.Notice of hearing - this tells you that a court case has started and when and where your first meeting with a judge will take place.Order for directions - this is a list of instructions telling you what to do and when.Party – this kind of ‘party’ isn’t about balloons and dancing.It’s a person or group of people forming one side in a dispute.
Pre-action – before court proceedings start.Proceedings – court action taken to settle a dispute.Respondent – this is the name given to the person or people you have to give a copy of your application for a court order to.A respondent can then reply (respond) to your application.Serve – delivery of court documents, usually by post.
In some circumstances, the courts also allow delivery by email.Settle – sort out the case with your ex or other family member by reaching an agreement.Statement – this is a written summary of the background to the disagreement, any recent events that have caused the application and what should happen in the future.Statement of issues - an issue is something you disagree about.A statement of issues is a brief summary of what you want the court to decide for you because you can’t agree them with your ex.
Welsh Family Proceedings Officers - are specialist social workers whose job is to help parents agree the arrangements for their children (where this is possible) and write reports for the court about the needs of children.5 A: Pro Se means that you are representing yourself.Q: What’s a Dissolution? A: A Dissolution is the term used by the Nebraska Statutes for a divorce.Q: What’s a Legal Separation? In Nebraska you can get divorced if you have lived in Nebraska for one-year.If you have been in Nebraska for less than a year, there is another alternative.
In a legal separation case a Court can: * Divide up property between the parties; * Divide up debt between the parties; and * Award alimony.In a case involving children who have lived in Nebraska for 6 months, a Court also can: * Decide the issues of custody and visitation; and * Award child support.The complaints for legal separation and divorce are a little different.Instead of alleging that there is no way you can save your marriage, you allege that you and your spouse live apart.
Also, the caption in your complaint will read “Complaint for Legal Separation” instead of Complaint for Divorce.But you remain married with a legal separation.You can change your complaint for legal separation to a divorce complaint if: * You have lived in Nebraska for one year before the legal separation is final.
o However, you may have to pay a filing fee when you change the complaint.Once the court enters an order of legal separation, you cannot amend the complaint to ask for a divorce.Instead, you have to file a new complaint asking for a divorce.You cannot marry someone else after you get an order of separation.
Even though a court can consider issues of custody and child support in a case for legal separation, special time rules apply.Many of the documents you need for a divorce can be used for a separation.You can continue using this interview as if you are completing divorce proceedings.Just make sure that every reference to “divorce” is changed to “legal separation” before you file anything.§42-353 Q: Can I get an annulment since my spouse and I never lived together after our marriage? A: No.Under Nebraska law, any one of the following five reasons will allow you to get an annulment: 1) the marriage between the parties is prohibited by law (for there to be a valid marriage, both parties must be at least 17 years of age and free from venereal disease); 2) either party is impotent at the time of the marriage; 3) either party had a spouse living at the time of the marriage, 4) either party was mentally ill or was mentally retarded at the time of the marriage; or 5) force or fraud.The fact that you and your spouse never lived together and/or consumated your marriage does not give you a reason to ask for an annulment.Q: What’s the difference between Legal Separation and Divorce? A: There are two differences between a Legal Separation and a Divorce.
Nebraska law requires that at least one party to a divorce has lived in this state for one year immediately prior to the filing of a Petition for Divorce.There is no such requirement for a Legal Separation.A Legal Separation decides custody, support, property/debt division, etc.just like a Divorce, but the parties still remain married to each other.Q: My spouse and I have been separated for a long time and I have had children during this time that are not my spouse’s.
Is this a problem? A: No, not necessarily.Under Nebraska law, any child born while his or her mother is married is presumed to be a child of the marriage.To prove otherwise, there must be some sort of evidence that the husband is not the father.For example, if identity of the father (paternity) has been established by the Court or the real father has signed a document stating he is the father, this would be enough to show that the husband is not the father of the children.If the husband or wife states that the child is not the husband’s, this is not enough proof for the Court.
If there is no evidence that the child is not the husband’s, the Court must find that the husband is the father and the Court will order the husband to pay child support.Q: What if I don’t know where my spouse is? A: The law requires that you must serve a copy of your Petition for Divorce upon your spouse.Service (notice that the divorce was filed) is generally obtained by having the sheriff give a copy of the petition to the other party either at home or at work.Nebraska law provides that service may be obtained by “publication” with approval from the Court.This means that there will be a notice in your local newspaper that you have filed for divorce.
Before the Court will let you publish your notice, you must have made a good effort to locate your spouse.You will have to complete an affidavit (a statement given under oath) describing the efforts you have made to locate an address where your spouse can be served.Unless you have tried all reasonable means to locate your spouse, the Court will not allow you to publish the notice.Some examples of reasonable efforts are: contacting friends or family members to see if they can assist you in locating your spouse; internet searches; a letter sent to spouse’s last known address that is returned as undeliverable.You should also know that if you get service by publication, the Court cannot enter any orders dealing with money issues (i.
If you are able to locate your spouse at some point in the future, you can go back to Court so that the judge can decide these issues.Q: My spouse and I have divided all of our property and debt.Why do we have to include that in the divorce papers? A: Every petition for divorce should contain some statement asking the Court to approve of the property and debt division.
Many times, parties have been separated for a long period of time and things have already been split between them.In that case the Court simply wants to approve of the division.As a practical matter, the Court is not going to worry about the distribution you and your spouse have agreed to unless one of you objects or the Judge believes the distribution is not fair.You should be aware, however, that certain debts may be your responsibility regardless of how you decide to divide them.For example, car loans and home mortgages that were obtained by both of the parties will likely continue to be the responsibility of both parties.
Lenders are not eager to remove a party’s name from a note, since they have the right to seek repayment from either or both of the parties who signed the loan document.If the Court orders your spouse to pay a debt and he or she does not, the creditor can require you to pay.If you do pay, all you can do is ask the Court find your former spouse in contempt for not paying the debt and try to collect the money you paid on the debt from your spouse Again, if you obtain service on your spouse by publication, the Court cannot make any orders regarding property and debt division.Those issues can be addressed if you are able to locate your spouse at a later time.Q: Shouldn’t I be able to get alimony? What about spousal support? Spousal support and “alimony” are the same thing Whether someone can get spousal support depends on a number of things including: * How long you were married; * The contributions each of you has made to the marriage; * Whether one of you gave up working to raise your children; * One party’s education, ability to get a good job, health, and income as compared to the other spouse; * One person’s need for alimony and the other person’s ability to pay alimony; and * Whether one of you is in a much better financial situation compared to the other spouse.
There are so many factors to consider in a decision about alimony that there is no basic standard for when alimony will be awarded by a court.But a way to think about it is whether one spouse will be significantly economically disadvantaged as the result of a divorce.In that situation, alimony would be used to provide a certain level of support while the disadvantaged spouse gets on his or her economic feet.There are a number of important things to remember about spousal support.
Here are a few: * It is a complicated issue.
* Generally it is a temporary bridge paid for a specified period of time.It is not intended to be a lifetime supplement to a person’s income.* An award of spousal support could affect a person’s eligibility for public benefits, including Medicaid.* If you get re-married, spousal support ends.* To order spousal support, a court will need specific proof about differences in the parties’ ability to earn money, and why those differences exist.
* A court cannot order your spouse to pay alimony unless your spouse has been personally “served” with notice of the divorce or has “voluntarily appeared” before the court.* If you do not ask for alimony at the time of the divorce, you give up the possibility of ever getting alimony.Resources: Divorce in Nebraska, Dunne & Koenig, pp.Q: How long does all this take? A: Under Nebraska law, the soonest a person can get a divorce is 60 days after papers are filed in Court.Realistically, the time is closer to 90-120 days.If you are having the sheriff serve your spouse with the Petition for Divorce, the sheriff has 20 days from the date the summons is issued to get service.
Once your spouse receives the Petition, he or she has 30 days in which to file an Answer.Nebraska law requires that a total of 60 days must pass after the date of service before a party can go in front of the Judge for a final hearing.If you and your spouse are on good terms and he or she is willing to sign a Voluntary Appearance (a paper stating that he or she has received a copy of the Petition and does not wish to be served by the sheriff), you could cut out the 20 days the sheriff has to serve the Petition.The Decree of Divorce will become final for purposes of appeal 30 days after it is signed.For purposes of continued health insurance and remarriage, the Decree is not final for six months.
This means you cannot remarry anywhere in the world for six months after the Judge signs the Decree.Q: I’m not sure what kind of custody arrangement is right.What do I do? A: The answer to this question really depends upon how well you and your spouse are able to work together.Many clients say that they want joint custody with their spouse.This raises a question of what the parties think “joint custody” really means.
There are four types of custody arrangements: Joint Legal Custody, Joint Physical Custody, Split Custody and Sole Custody.Types of Custody • In a joint legal custody arrangement, the children live primarily with one parent and the parent who doesn’t have the children has visitation or parenting time.Both parents are able to work together in making decisions involving the children.If an agreement cannot be reached in decisions involving the children, the parent who has custody of the children will decide.Before the Court will approve joint legal custody, both parties will have to testify that they are able to cooperate with each other for the children’s educational, medical and religious needs.
Without that testimony, the Court will not enter an order for joint legal custody.• A joint physical custody situation is one in which the children actually move from one parent’s home to the other for a specified amount of time (for example, school year with one parent and summers with the other OR alternate weeks with each parent).• Split custody: This means the children are actually separated and do not live together with the same parent.Joint physical custody and split custody are generally not favored by the Court.
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The Court has concerns about separating children and shuffling them back and forth between parents.
• Sole custody occurs when physical custody is placed with one parent.The parent without the children is given visitation or parenting time with the children .The parent without the children is given visitation or parenting time with the children.
Q: My spouse has custody of our children and is planning to move from Nebraska after the divorce.Can he/she do that? A: The parent who has custody of the children must get permission from the Court before moving the children from Nebraska 13 Dec 2010 - Keeping registers in the family proceedings court 30. “judge”, in the High Court or a county court, means, unless the context requires otherwise, a judge, district judge or a person authorised to act as such; it must give each party likely to be affected by the order at least 5 days' notice of the hearing..Can he/she do that? A: The parent who has custody of the children must get permission from the Court before moving the children from Nebraska.If the other parent does not object to the move, it will be approved 13 Dec 2010 - Keeping registers in the family proceedings court 30. “judge”, in the High Court or a county court, means, unless the context requires otherwise, a judge, district judge or a person authorised to act as such; it must give each party likely to be affected by the order at least 5 days' notice of the hearing..
If the other parent does not object to the move, it will be approved.
If the parent who doesn’t have custody of the children objects, there will be a hearing freemegabites.com/coursework/best-website-to-write-a-college-international-relations-coursework-undergraduate-one-day-platinum-cheap.If the parent who doesn’t have custody of the children objects, there will be a hearing.The Court will approve the move if the parent with custody of the children proves that (1) there is a good reason for leaving the state and (2) it is in the children’s best interest to continue to live with that parent.A good reason to leave the state is often found in the following situations: • The parent’s occupation • The parent’s remarriage This is not a complete list; it is only an example of the commonly raised reasons for such a request.The Court will consider whether there are similar career opportunities (in pay and type) available in Nebraska; however, wanting to move to more interesting or attractive surroundings is not a good enough reason to move with the children.The second part of the test is that the move is in the children’s best interests.
In determining whether this is the case, the Court will look at the following factors: will the move improve the quality of life for the parent and the children; motives of the parent for moving; motives of the other parent for fighting the move; visitation or parenting time of the parent without custody of the children and whether reasonable and realistic visitation schedules can be made if the move is approved.Q: I don’t know what kind of visitation to ask for.What should I do? A: The answer to this question also depends upon how well you and your spouse are able to work together.Some couples feel that they can work together to establish reasonable visitation and want the flexibility of not having a set visitation schedule.
Others feel more comfortable with a set plan so that they can know for sure when the visits are occurring.
The standard visitation model in Nebraska is called Wilson visitation.Essentially, this provides for alternate weekend visits from Friday evening to Sunday evening.In addition, the parents also alternate holidays.For example, in odd numbered years the parent without custody of the children would have visits for the following holidays: Easter, Fourth of July, Thanksgiving and New Year’s Day.The other parent would have the children for the following holidays: Memorial Day, Labor Day and Christmas.
The parent without custody of the children might also have some mid week parenting time.Recognizing that some families may celebrate other holidays not listed above, a similar schedule could be done including any family celebrations or religious observances.In some cases, a parent may request visitation with special conditions, such as supervised visits, etc.Judges are very leery about putting conditions on visitation without enough evidence to support the request.There is concern that requiring visits to be supervised may hamper a parent’s ability to see his or her child.
At the same time, the Court is also concerned about entering orders that are in the minor children’s best interests.Q: My spouse wants to do split custody of the children so there will no child support ordered.Can we do that? A: The answer is that it depends.Courts frequently frown on parents’ structuring a custody arrangement as a way of eliminating or minimizing a parent’s child support obligation.The Nebraska Supreme Court holds the opinion that both parents have some responsibility for supporting their children.
In an effort to ensure that child support is calculated and ordered in a uniform manner across the state, the Nebraska Supreme Court has developed Child Support Guidelines.The Court takes each parent’s income and subtracts from it any health insurance premiums paid for the minor children and any other court ordered child support payments for other children to determine each parent’s income after taxes.The Guidelines direct that the parents’ income is combined to determine the total monthly income.A calculation is done to determine what percentage of the combined total each parent should pay.The monthly child support is determined by looking on the court-created matrix.
The combined income after taxes is on one side and the number of minor children is on another.By following the numbers down until the two lines intersect, the monthly child support figure is determined.The monthly child support figure is divided proportionately between the parents, by using the same percentage of their portion of the combined income after taxes.It is through this mathematical relationship that the Court determines each parent’s child support obligation.It is possible to differ from the standard child support.
In order to have any change approved, enough evidence must be presented to the Court to support the requested change.Some of the factors that the Court may look at in support of a change are: amount of time the minor children spend with the parent who doesn’t have custody; whether the parent who doesn’t have custody provides childcare for minor children.This is intended to illustrate situations when a change from the standard support calculation may be appropriate and is not a complete list.All child support payments are paid through the State Disbursement Unit.Some parents prefer to have child support payments directly withheld from the paying parent’s wages.
The parent paying the support is responsible for making sure his or her employer forwards those payments to the State Disbursement Unit, on time.Domestic violence occurs when someone is abused by their intimate partner.Domestic violence is a serious subject.This handbook is intended to help victims ofdomestic violence escape their abusive situations, and regain personalindependence.This handbook will focus on domestic violence as it pertains to economic issues, such as joint bank accounts, housing, and employment.
Please contact Legal Aid of Nebraska for more information.1-877-250-2016 TYPES OF ABUSE Economic Abuse:Behavior that causes one to be financially dependent, by maintaining total control over the person’s financial resources.Emotional Abuse:Behavior that is intended to adversely affect the mental well being of another.Physical Abuse:Contact that is intended to cause physical pain, injury, harm, or suffering.Sexual Abuse:The use of force that compels someone to engage in sexual activities against their will.
FINANCIAL CONTROL Many times an abuser will usefinances to control an abusive environment and/or the victim.An abuser can control the victim by: withholding access to bank accounts and credit cards, preventing the victim from seeking employment, withholding resources such as food, clothing, and shelter, and/or exploiting the victims financial resources.JOINT DEBT Joint Debts are debts that you share with another person.Joint Accounts are accounts that allow you and that other person full access to the account.****This section will explain more about joint debts, and how to get out of joint debt situations.
Having a joint account can be helpful in that it allows two people to pool together their income, making paying bills easier.However, for victims of domestic violence having a joint account and/or debt can be detrimental.A joint account can bedangerous because many times the victim is unaware of theactivity going on with the account.The abuser may use the account to control the victim’s access to money.
The abuser may even open up additional accounts, or charge additional debt that will negatively impact the victim’s credit.
And unfortunately, both parties are liable for all debts and activity placed on the account.Joint debt may even provide the abuser a way to locate the victim to continue harassment.How to Get Out of a Joint Debt Situation: 1.Get a copy of your credit report * Review the credit report for all debts and potential accounts that you were not aware of.Contact Creditors * Call all your creditors with whom you have aoutstanding balance with, and arrange a payment plan.Close AccountsDebt Collection And Bankruptcy Debt collection is the first step from the creditor in trying to collect the debt owed.If the creditor is unable to collect the debt, you may be sued.
Bankruptcy becomes an option when you have too much debt to payit all back.Bankruptcy is intended to eliminate some or all of your debt, giving you a fresh start.However, bankruptcy is potentially damaging to your credit report.****This section will help you understand the process of debt collection and whether or not bankruptcy is the right option for you.Types of Debt Secured debt– the debtor offers property as collateral (security) for the loan.
The creditor can take the collateral if the debtor defaults on the loan.Examples: Car payments or furniture payments Unsecured debt–any other debt for which the debtor did not promise collateral, like medical bills.Examples: Medical bills or utility bills If a debt is secured, it means that you signed a paper which says that if you do not pay the loan, the creditor can take or repossess the property which is described in that paper.That paper is known as a security agreement.The property described in that security agreement is calledcollateral or security.
If the debt is unsecured, the creditor must sue you and win before he can take any of your property.Collection of Debts A creditor will first call or write asking for the money you owe.The first calls andletters are usually friendly reminders that you forgot to pay.If you still do not pay, the calls and letters begin to demand payment.If you and the creditor cannot work out a payment agreement, you may be sued.
If you and your spouse have joint debts, even if the debts are not in your name, you both may be responsible for repayment.If you are divorced, the court will usually say who will have to pay what.The divorce decree will only state who is to repay the debt, it does not take the other spouse’s name off of the bills.So, your creditors can still require the both of you to repay the debt.Whenever you have problems with creditors whom your spouse is supposed to be paying, see alawyer.
There are things he or she can do to enforce the divorce decree which may help.If you find out that your spouse is filing for bankruptcy, see a lawyer.Creditor → Collection Agency: If after repeated failed attempts to contact you, your creditor may hire a collection agency to collect the debt from you.Not all creditors will hire a collection agency, some will go straight to a lawyer to sue you.A collection agency may demand the whole amount due from you, but they may agree to take installment payments.
If you cannot agree on payments, the collector will have to sue you to collect.It is always better to try to arrange a payment plan with your creditors.It will prove to the creditor that you are trying to repay the debt.Secured creditors and collection: Secured debts make it easier for the creditor to get their money back if you do not pay.The creditor can take whatever you put up as collateral for the loan and sell it.
You cannot claim exemptions against a secured creditor repossessing its property.The secured creditor does not need permission from a court to repossess.As long as the secured creditor can take the collateral without disturbing the peace, they are free to do so.The creditor must first send you a letter telling you they are going to repossess your property.
If your property is sold for less than what you owe, you will still owe the bank the difference.The difference in price is called a deficiency.The creditor can still sue you for the deficiency.If the creditor wins a judgment against you, they can garnish your paycheck or take other property, just like any other judgmentcreditor.
Unsecured creditors and collection: Unsecured debts are harder for the creditor to get their money back if you do not pay.
The creditor must sue you, and win a judgment against you in order to get their money back.The following are the steps the unsecured creditor will take to receive a judgment against you, and how you fight the suit.Do not ignore papers from the Court After you receive the summons and complaint, you usually have 30 days to file a writtenresponse to the creditor’s claim.A written response is also known as an answer.In the answer, you say whether or not you agree you owe them money.
If you do not file an answer by the due date, the creditor can get a judgment against you without going through a trial.You should only file an answer if you have a defense.Otherwise, you are just increasing the amount of your debt because the creditor is spending more money on its attorney which it will laterrecover from you.You should speak with an attorney about whether you have a defense.
The Court or creditor’s attorney is required to tell you about all hearings in your case.You should always go to any hearings in your case.A warrant may be issued for your arrest if you do not attend a hearing.You may also get court papers after a judgment After your creditor gets a judgment against you, it can use different ways to collect on that judgment through the court.You should always get a copy of any paperwork yourcreditor uses to collect through the court system.
This paperwork often requires you to respond, so read it carefully.A creditor who has a judgment against you is called a judgmentcreditor.There are several ways a judgment creditor can try to collect its money.put a lien on, and force the sale of your home or other real property you own; 2.
force a sheriff’s sale of some of your personal property, like your car; 3.Execution on Real Property If you find out a creditor has placed a lien against your home, and is selling your house to recover your debt, you should immediately contact a lawyer.You have a limited amount of time to try to stop the sale.
You will know if this has happened because the Sheriff will serve you with a Writ of Execution on your home.Bank Account Garnishment If your creditor knows where you bank, it may ask the Court to send Interrogatories, questions to your bank about whether you have an account there, and how much is in it.You should get a copy of these Interrogatories.You have a limited amount of time to request a hearing in Court if you think the creditor should not be allowed to take money from your bank account.
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Wage Garnishment Judgment creditors can garnish your wages.
a judgment creditor knows where you work, the creditor’s lawyer asks the Court to send Garnishment Interrogatories to your employer asking how much you make, the hours you work, when are you paid, etc.Your employer must give some of your pay to your creditor if you earn more than $217 3 Apr 2006 - These time standards are intended to provide the Probate and Family Court with recognized goals for the timely disposition of cases. 30 days. If a case is uncontested at time of filing, but incomplete, the case shall be scheduled for hearing within thirty (30) days of the date of filing all required documents..Your employer must give some of your pay to your creditor if you earn more than $217.
Garnishments can last until the debt is paid off.If you are the head of household, 15% of your wages over $217 Should i order an paper family law no plagiarism MLA Premium 8 hours single spaced.
If you are the head of household, 15% of your wages over $217.
If you are not the head of household, 25% of your wages over $217.You may also be garnished for the amount the creditor had to pay to collect from you write me ecology laboratory report American US Letter Size 48 hours.You may also be garnished for the amount the creditor had to pay to collect from you.Some of your property is protected There are state laws (“exemptions”) which limit what your creditors can take from you to pay a judgment.
your immediate personal possessions, like a wedding ring or family photos; 2.up to $1,500 in household furnishings, goods, computers, appliances, books; 4.up to $2,400 of tools and equipment you use for your own support including a car you use to get to and from; 5.
up to $2,500 in other personal property except wages.Personal property is all property except land and buildings; 6.up to $60,000 equity in the home you live in with your family is protected.Equity is the difference between what property is worth and what you owe on it.
If your home is worth $50,000 and you owe $40,000 on the mortgage, your equity would be $10,000.
You cannot claim your home as exempt from a mortgage holder.Federal law provides other exemptions, forexample: Social Security Benefits Workmen’s Compensation These benefits are exempt even after they have been deposited in your bank account, as long as no other money is ever deposited in the account.***You must file a Notice with the court that you are claiming exemptions.You may need a lawyer to do this, or you may want to contact Legal Aid of Nebraska.Fair Debt Collection Practices Act The Fair Debt Collection Practice Act is a federal law which controls collection practices.
Personal, family, and household debts are covered under this Act.This includes money owed for the purchase of an automobile, medical services, and credit card use.A creditor cannot Use any false or misleading statements whencollecting a debt.Collect a greater amount than owned,deposit a post dated check prematurely, or threaten to take your property, or takelegal action they cannot take.
You can stop debt collector contacts: If you write a letter to a debt collectortelling them to stop contacting you, they must do so after receiving your letter.However, they may call you one last time to say that there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action.***Your debt will not go away if the creditor stops calling you.You will still owe the money and can be sued.You must be giveninformation on the debt: Within five days after you are first contacted, the debt collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
Try to stop debt collection: The best way to stop debt collection is to pay off the debt voluntarily.Even if you cannotafford much, try to work out a payment plan with your creditor which you can afford.You must pay more than theinterest accruing on the debt each month to pay the debt off.You can also ask the creditor to accept less than the full amount you owe; some debt collection agencies only expect torecover a percentage of what you owe.You can complain about a debtcollection agency: Report any problems you have with a debt collector to your state Attorney General’s office and the Federal Trade Commission.
Many states have their own debt collection laws, and yourAttorney General’s office can help you determine your rights.The NebraskaAttorney General’s number is 1-800-727-6432.To file a complaint or to get free information on consumer issues, visit or call toll-free, 1-877-382-4357; TTY: 1-866-653-4261.The Fair Debt Collection Practice Act may also allow you to sue the debt collector for any violations.TYPES OF BANKRUPTCY There are two different types of bankruptcies.
The first is called a Chapter 7, and is also known as a “straight bankruptcy.The type of bankruptcy you should file depends on the type of debts that you have and your assets.SHOULD YOU FILE BANKRUPTCY? Bankruptcy can stay on your credit history for up to 14 years.You can only file bankruptcy every 8 years.
The filing of a bankruptcy is intended to give you a fresh start.The timing of the filing is very important.You want to make sure that you do not wind up in the same position again.However, if you have tried to work out payments and you know there is no way you will be able to pay off your debts, bankruptcy may be right for you.The question you should ask yourself is ….
If I don’t file a bankruptcy what can a judgment creditor take from me? If the answer to thisquestion is that creditors can not take anything from you then filing a bankruptcy at this time may not be in your best interest.Maybe you should wait ! **** This section will explain the different types ofbankruptcies, the procedure, and consequences of filing bankruptcy.THE CHAPTER 7BANKRUPTCYOVERVIEW Also known as “straight bankruptcy”.Instead of repaying your debts, you are discharged from doing so.Legally, this means that these debts do not exist for you anymore.
* Such as: child support, alimony, taxes, and student loans Debts acquired through fraud are not discharged by bankruptcy.Debts ordered to pay in a divorce may not be discharged.Secured debts (when you put something up as collateral) are not discharged, and the creditor may repossess your property.If you want to keep your property, you may have to sign an agreement that states that you will pay the debt even after you have filed for bankruptcy.
00 Be sure you list all your creditors upon first filing.00 fine for each additional creditor you add after the paperwork has been filed.
Chapter 7 Bankruptcy takes about 4 months from start to finish.Can only file chapter 7 bankruptcy once every 8 years.If your case is accepted by Legal Aid, you can discuss this possibility with your attorney.You will have to go to court at least 1 time.
Chapter 7 Bankruptcy: When the bankruptcy trustee sells the debtor’s nonexempt assets and uses theproceeds to pay off the debtor’s creditors.Who Can File? An Individual No previous bankruptcy petition that wasdischarged due to willful failure to appear or voluntarily dismissed by the debtor within the last 180 days Debtor has to receive credit counseling from anapproved agency within 180 days before filing.Debtor has to complete a financialmanagement course after filing bankruptcy.Debtor must complete and file a Means Test.Results of Filing Chapter 7: Designed to give the debtor a fresh start.
Debtor is released from all liability for discharged debts.THE CHAPTER 13 BANKRUPTCY: Allows you to pay all or some of your debt.* Such as: A mortgage on a home Once the secured debt is paid off, then a percentage of the unsecured debt is paid.
You may be able to qualify for free legal services.Chapter 13 must last for 3 years, but can last up to 5 years.
The length oftime involved in a Chapter 13 bankruptcy depends on the plan which you submit and approval by the court.There is also a 10% fee to be paid to the Trustee that manages your payments.To file you must have lived in the state for at least 6 months and 1day.You will have to go to court at least 1 time.Credit Counseling Requirement: Counseling must come from an approved/non-profit credit counseling service.
A list of approved credit counseling agencies can be found at: *After completion of counseling, the agency will give you a certificate.The certificate and debt repayment plan (if one was created) must be filed with the Court at the time of filing the petition forbankruptcy.Debtors who do not reside in judicial districts for which the service is not available.* A list of those districts can be found at:/ust/ Debtors who have difficult circumstances that warrant a waiver.* If granted a waiver, the debtor has 30 days from filing to complete the counseling requirement.
Debtors who are incapacitated, disabled or on active duty in a combat zone.* Definitions for incapacity and disability are limited.Check the web address above for more information.Financial Management Course Requirement: Upon completion of the course, the agency will give you a Certificate of Completion The certification must be filed within 45 days of the date of the 341 meeting of creditors for Chapter 7, and by the date of the last payment for Chapter 13.Exceptions to Financial Management Requirement: Debtors who are incapacitated or disabled , on active military duty in an active combat zone, or if the United States Trustee has decided that there are notadequate financial management services in the area.
**** Failure to submit certification will result in the case being closed without granting a discharge.Filing for bankruptcy can seriously hurt your credit score.However, there are many things you can do to start rebuilding your score and prepare for a bigger and brighter future.You can also protect your credit, before a bankruptcy situation arises.If you guard your credit, you can ensure a strong financial future for yourself and family.
Fixing Problems: Credit report should not… Contain bankruptcy information older than 10 years How to protect and rebuild your credit score: Focus on the fact that you are free of debt (if you have just completed a bankruptcy).Use Debit Cards/ Prepaid Credit Cards Adopt a lifestyle that you can maintain with your current finances.* Ask yourself if you really need to purchase a particular item.
You may be able to find a better bargain.All these things will help you rebuild your credit score, and become more economically secure.CREDIT REPORTS You can obtain a free credit report once a year from Annual Credit Report Services.
You can request your credit report in writing, over the telephone, or by internet.
The name, address, telephone number and web address are as follows: Annual Credit Report Request Service P.Box 105281 Married: You can file jointly or separately.If you live apart from your spouse, undercertain circumstances, you may be considered unmarried and can file as head of household.You have a final divorce decree or you were legally separated by the last day of your tax year.Married Filing Jointly: If you and your spouse file jointly, you both must include your income, exemptions, deductions, and credits on that return.~ You can file jointly even if one of you does not have income or deductions.~ You and your spouse are required to sign the return.~You and your spouse are responsible, jointly and individually, for the tax and any interest or penalty due on your joint return.
* Even if you are divorced you are still responsible, jointly and individually for all tax returns that were filed jointly with your ex-spouse.Relief from Joint Liability: A spouse may be relieved of liability.You can ask for relief no matter how small the liability.There are three types of relief available.Each relief has different requirements.
You must file Form 8857 to request relief.Separation of Liability: ~ Applies to joint filers who are divorced, widowed, legally separated, or who have not lived together for the 12 months ending on the date on which election of this relief is filed.~ Only applies to items incorrectly reported on or omitted from the return.
*** Domestic Abuse Exception– Even if you have actual knowledge, you may still qualify for relief if you establish that: 1.You were the victim of domestic abuse before signing the return AND 2.Because of that abuse, you did not challenge the treatment of any items on the return because you were afraid of your spouse.~ If you establish that you signed the joint return under duress, then it is not a joint return and you are not liable for any tax shown on that return or any tax deficiency for that return.However, you may be required to file a separate return for that year.
Equitable Relief: ~ Applies to filers that do not qualify for innocent spouse relief or separation of liability, and married residents of community property states who did not file joint returns.Overpayments and Debts: The overpayment on your joint return may be used to pay the past due amount of your spouse’s debts.Debts include: federal tax, state income tax, child or spousal support payments, or a deferral non tax debt, such as a student loan.Injured Spouse: You are an injured spouse if you file a joint return and all or part of your share of the overpayment was, or is expected to be, applied against your spouse’s past-due debts.
If you are considered an injured spouse you can get a refund for your share of the overpayment that would otherwise be used to pay the past-due amount.If you are an injured spouse, you must file Form 8379.To be considered an injured spouse, you must: 1.Have reported income on the joint return; 2.Have made and reported tax payments or claimed the earned income credit, or other refundable credit on the joint return, andMarried Filing Separately: If you and your spouse file separate returns, you should each report only your own income, exemptions, deductions, and credits on yourindividual return.
Generally, if you file separate returns you will pay more combined federal tax than you would with a joint return.You can file separately even if only one of you had income.~ You and your spouse are each responsible for only the tax due on your own return.~ If you and your spouse file separate returns and only one of you itemizes deductions, the other spouse cannot use the standard deduction and should also itemize deductions ~ You may be able to claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse.Itemized Deductions on Separate Returns-Table 1 If you paid File a separate state income tax return File a joint state income tax return and you and your spouse are jointly and individually liable for the full amount of the state income tax File a joint state income tax return and you are liable for only your own share of state income state THEN 1.The state income tax you alone paid during the year.
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The state income tax you and your spouse paid during the year.The smaller of: *the state income tax you alone paid during the year, or * the total state income tax you and your spouse paid during the year multiplied by the following fraction.The numerator is your gross income and the denominator is your combined gross income 20 Jan 2017 - Family court in High Holborn, London. Photograph: Nick Ansell/PA. Senior judges are taking steps to end the presumption that a father must have contact with a child where there is evidence of domestic abuse that would put the child or mother at risk. The reforms are to be introduced in the family courts .The numerator is your gross income and the denominator is your combined gross income.
If you paid you… half of the loss, subject to the deduction limits.Neither spouse may report the total casualty loss Best websites to buy an paper family law 107 pages / 29425 words Platinum A4 (British/European) Writing.
Neither spouse may report the total casualty loss.
THEN themortgage interest you alone paid.
Additional Rules for Filing Separately: 1.Your tax rates will increase at income levels that are lower than those for a join return filer.Your exemption amount for figuring the alternative minimum tax will be half of that allowed a joint return filer.You cannot take the credit for child and dependent care expenses in most cases.You cannot take the earned income credit.You cannot take the exclusion or credit for adoption expenses in most instances.
You cannot take the credit for higher education expenses, or the deduction for student loan interest.You cannot exclude the interest from qualified saving bonds that you used for higher education expenses.If you lived with your spouse at any time during the tax year: A.You cannot claim the credit for the elderly or the disabled, B.You will have to include income from social security or equivalent railroad retirement benefits you received,and C.You cannot roll over amounts from a traditional IRAinto a Roth IRA.Your income limits that reduce the child tax credit, retirement savings contributions credit, itemized deductions, and the deduction for personal exemptions will be half of the limits allowed a joint return filer.Your capital loss deduction limit is $1,500 instead of $3,000 11.Your basic standard deduction, if allowable, if half of that allowed a joint return filer.You paid more than half the cost of keeping up your home for the tax year.Your spouse did not live in your home during the last 6 months of the tax year.
Your home was the main home of your child, stepchild, or eligible foster child for more than half the year.You must be able to claim an exemption for the child.There are five requirements for determining whether someone is a qualifying child for tax purposes.
If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.The child must be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, step brother, step sister or a descendant of any one of them.The child must be under the age of 19 at the end of the year, or under 24 and a full-time student, or any age and permanently and totally disabled.
The child must have lived with you for more than 1/2 of the year.The child must not have provided more than 1/2 of his or her own support for the year.If a child is the qualifying child of more than one person only one person will get to claim the child.
The IRS has a series of tie breakers to determine who has the right to claim the child.If between a parent and non-parent, the parent has the right to claim the child.If between two parents, then the parent whom the child lived with for the longer period of time during the year has the right to claim the child.If between two parents who had the child for equal times during the year, the parent with the highest Adjusted Gross Income has the right to claim the child.
If none of the persons are the parent, then the person with the highest Adjusted Gross Income has the right to claim the child.
The exemption for the child, $3,000 off of your taxable income.Child tax credit Credit for child and dependant care expenses.Exclusion from income for dependent care benefits.You can only split up the benefits for having a qualifying child, if the parents are divorced or separated.
A child can be considered a qualifying child of a non-custodial parent, if all of the following apply… 1.The Parents are… * separated under a written separation agreement, or * lived apart at all times during the last 6 months of the year.The child received over half of his support for the year from his or her parents.The child is in the custody of one or both of his or her parents for more than 1/2 of the year.Either of the following applies * The custodial parent signs a written declaration that he/she will not claim the child as a dependant that and the non-custodial parent attaches this declaration to his/herreturn, or * A pre-1985 decree states that the non-custodial parent can claim the child and the non-custodial parent provides at least $600 for the child’s support during the tax year.Thenon-custodial parent can attach certain pages to his or her return instead of a written declaration.
To be able to do this the decree must state: 1.the non-custodial parent can claim the child as a dependant without regard to any condition (such as payment of support).the custodial parent will not claim the child for the year.the years for which the non-custodial parent can claim the child as a dependant.Identity theft affects about 10 million people per year.Victims of domestic violence are also often victims of identity theft.Abusers will use the victims identity information to stalk, harass, and even open fraudulent accounts in the victim’s names or the victim’s children’s name.Abuser often has access to sensitive information of the victim.
Such as, credit cards, SSN, and address history.It is important that you safeguard this sort of information as best as you can.Some things you can do are: Sign your credit cards Change and/or guard your PIN numbers Shred all papers that have sensitive information on them.Apply to the address confidentiality program Open a post office box * Unlike a regular mailbox, only the personwith the key will have access to the mail.Check your credit report for any unusual activity.
Relocate and/or change your identity (this should only be done as a last resort).: If you are trying to protect your identity and whereabouts from your abuser, it is important to consistently reviewyour credit report.If you and the abuser are married, the abuser can obtain a joint credit report and use the information on the report to find your current address.However, as a victim and survivor you can use the report to protect yourself.If you know what is on the credit report, you will be able to use thatinformation to your advantage.
Changing your Identity: Changing your identity should be the last resort.However, it is important to understand that changing your identity means leaving behind everything that makes you “you”, and it does not 100% guaranteed that the abuser will not find you.Denial for new locks: The Federal Fair Housing Act was enacted to make it illegal to refuse housing to applicants based on sex, race, religion, color, creed, age, or disability.This act generally applies if the landlord owes more than 4 units.: This act is an amendment to the Nebraska Fair Housing Act.
The act prohibits landlords from denying housing to an applicant that is or has been a victim of domestic violence.The landlord may only terminate a lease if there is an actual and imminent threat to the other tenants or those employed at or providing service at the property.The act also allows victims to bifurcate their lease, to allow the rest of the household to remain.Victims also have the choice of voucher portability.Voucher portability allows victims, who live in public housing, to have more flexibility to change residences.
This means that victims will not be punished if they have to violate a lease in order to protect their safety.However, victims of abuse must be able to provide evidence of the abuse to qualify for this law.There are many issues that can impact a victim at his or her workplace.The victim may suffer decreased work performance, increased days of absence, and a feeling of lack of safety.
It is important that you understand your employers policies and procedures, and understand that there are federal and state laws designed to protect you from discrimination and harassment.
: Ask your employer for a copy of the employment manual and policies.Review this information to determine how, when, and how much time off you are able to receive.Check all of your options, such as, paid vacation, sick time, PTO, and unpaid leave and know the policies, procedures, and limitations for each.Family and Medical leave Act (FMLA): The Family and Medical Leave Act provides an employee to receive up to 12 weeks of unpaid leave every year.Job protection (cannot be fired for taking leave and can return to same or equivalent position after leave).Employee must have worked at least 1259 hours in the last 12 months.Employer must have at least 50 employees.The leave must be used to recover or deal with a serious health condition for the employee, or the employee’s child, spouse, or parent.
: If your feel as if the rights granted to you under FMLA were violated, you can petition the court to review your case.Write a demand letter to your employer.You may want an attorney to help you with this.File a complaint with the Department of Labor However, all complaints must be filed within 2 years of the occurrence.: This act prohibits an employer from discriminating against employees, if the employer has more than 15 employees.
The employer is also required to provide reasonable accommodations to any disabled employee.Federal Civil Rights Act: This act prohibits an employer from discriminating against employees, if the employer has more than 15 employees.You must prove that you were treated unfairly at work by a supervisor or co-worker because of your sex, race, religion, national origin, or color.Your employer can be held liable if, he or she failed to exercise reasonable care to prevent and correct the behavior, and if the employee reasonably attempted to take advantage of corrective opportunities.Nebraska State Law: Nebraska constitutional and statutory law givesvictims the right to attend court proceedings in criminal cases, without suffering repercussions from your employer.
§81– 1848: Nebraska state law states: if an employee voluntarily leaves a job after making all reasonable efforts to preserve the employment, but voluntarily leaves his or her work for the necessary purpose of escaping abuse, then that employee may be entitled to unemployment benefits.01****By having a clear understanding of these laws and policies, you could use these laws in your favor.Even though you are a victim of domestic violence, you still have the right to be treated fairly and the right to gainful employment.Other Resources Regarding Employment: Monday-Friday 9am-12pm CST You need to let your spouse know that you have filed for divorce.This is called giving your spouse notice of the divorce case.
You give your spouse notice by serving him or her with the Complaint for Dissolution.Service can be done personally or by publication.Personal service is completed by either having the Sheriff serve your spouse with the Complaint for Dissolution or by having your spouse sign a Voluntary Appearance.By signing a voluntary appearance the opposing party is affirming to the court that they have received a copy of the Compliant for Divorce, they waive service by Sheriff and understand that the Divorce is pending in Court Service by publication is completed by following Nebraska law.You must ask the court for permission to serve your spouse by publication if you cannot locate your spouse to personally serve him or her with the Complaint.
If the Court grants your request to serve your spouse by publication you must then run your publication in the newspaper.There are specific rules with respect to which newspaper you should run the publication in and how many times it must run.It is very important to follow these rules otherwise the Court may not recognize that your spouse has been served properly.Additionally, there is always a fee to run your publication in the paper and if you need to rerun your publication it could become very costly.It is best to serve your spouse personally and not by publication.
If you properly serve your spouse by publication, the court will be able to grant you a divorce and award custody.If you want the Court to award child support, spousal support, divide debts or make other property awards, the opposing party must have been “personally served.” This means that the person was handed the original Compliant for Divorce by the Sheriff, or that the opposing party signed a voluntary appearance.In order to ask the court for permission to serve your spouse by publication, you first need to make a good faith effort to locate your spouse.
You need to check with friends, family and others to see if they know where your spouse is.
If you do this and still cannot locate your spouse, you could try to find him or her through some resources that are available to the public.If you still cannot locate your spouse, you can request permission of the court to serve your spouse by publication.In all court actions it is always better if you can personally serve the opposing party with the Compliant.If you don’t know where the opposing party is you might try to locate them with a little detective work.Some things you could do to try to locate your spouse include: You can search for them on the internet.
Doing a Nebraska court records search on JUSTICE, which is Nebraska’s online court case database.If there is a court case involving your spouse, especially if it was filed more recently, it may contain their address.You could see if the clerk of the district court or county court could help you with this as well.Doing an online search to see if your spouse is incarcerated in a Nebraska jail or prison through VINE.InNebraska – anyone can access the VINE which tells if someone is in jail.It will also search other states that use VINE as well.Doing an online search to see if your spouse in incarcerated at a State of Nebraska facility run by searching the Nebraska Department of Corrections Website.
Doing an online search to see if your spouse is incarcerated at a federal facility by searching the Federal Inmate Locator website.If your spouse is a registered sex offender, you could do an online search to see if his or her address is available through Nebraska Sex Offender Registry or another state’s registry.Requesting that the post office provide you with mailing address information for your spouse if you are requesting the information only for the purposes of serving your spouse with court documents, like your Complaint for Dissolution.The post office should release this information to you or tell you that they do not have mailing information for your spouse pursuant to 39 CFR 265.The link to the regulation is /cfr 2011/julqtr/pdf/ .You can contact the post office for more information.