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In Pennsylvania : Child support doesn’t have to be in the divorce and can be changed at any time by petition to the family court . The right to child support is technically owned by the child and therefore not really a marriage dissolution issue . Tho it does sometimes play a part . Obviously for example child support can exist when the parties never marry !! Spousal support is a marriage issue tho and is usually wrapped up with the decree in some way
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May 26, 2021 02:10
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In Pennsylvania : The calculation of child support is 98% fully formulaic and can be done by a state worker punching numbers into a computer program . Or by a careful layperson reading the state child support rules 2% of the time it’s strange and needs lawyers
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May 26, 2021 02:14
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euphronius posted:In Pennsylvania : I was just thinking that if the father had the means to provide medical insurance and whatever else the state is paying for, the state wouldn't just sit by and keep handing out money to the mother if they could have the father pay it instead. I'm mainly trying to come up with arguments why my friend should pay a couple hundred bucks to at least consult with a lawyer before going to divorce court, but he thinks everything will be just fine because his wife is handling all the details. Maybe things will turn out fine, but if somebody was taking me to court, I sure as hell wouldn't take legal advise from them and just accept whatever they say as truth. Skunkduster fucked around with this message at 02:20 on May 26, 2021 |
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May 26, 2021 02:16
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You are describing a pretty complex scenario that I really can’t comment on directly
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May 26, 2021 02:18
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I think what you are asking for is the fathers Medicaid liability for coverage for his child when he had the means to cover the child directly ?
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May 26, 2021 02:19
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euphronius posted:I think what you are asking for is the fathers Medicaid liability for coverage for his child when he had the means to cover the child directly ? I'm sure it is more complicated that my understanding. I was just wondering if there were mitigating factors (like government assistance) that could overrule their happy child support agreement. The main point (see my edit above) is that I am trying to convince him that he should talk to a lawyer before going to divorce court.
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May 26, 2021 02:23
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If you are trying to motivate him you can def say I think that badly planned (tho court approved) child support deals can be modified post divorce decree by the state or the mom or him (in Pennsylvania)
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May 26, 2021 02:27
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I think he's askin: Mom gets state disability/medicaid for herself and the kid Dad Works, and can provide health insurance through his job. Even if mom and dad agree on their terms, would the state be like "nah, the kid doesn't need to be on medicaid/ObamacareStipend, dad can foot the bill for it."
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May 26, 2021 02:43
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toplitzin posted:I think he's askin: Right that’s what I’m getting too
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May 26, 2021 02:44
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IS a child a sandwich or a shopping cart? Does the rights of the shopping cart change from a basket to the small carts then to a normal cart? What about the NASCAR kids carts? toplitzin fucked around with this message at 13:25 on May 26, 2021 |
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May 26, 2021 02:51
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toplitzin posted:I think he's askin: That's exactly it. But the bigger picture is that I'm trying to convince him that he needs to at least have a consultation with a lawyer before going through with the divorce to see if the "agreements" the wife came up with will hold any water in court.
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May 26, 2021 02:59
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SkunkDuster posted:That's exactly it. But the bigger picture is that I'm trying to convince him that he needs to at least have a consultation with a lawyer before going through with the divorce to see if the "agreements" the wife came up with will hold any water in court. I mean some of them will even do a half hour for fuckin free.99
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May 26, 2021 03:02
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toplitzin posted:I mean some of them will even do a half hour for fuckin free.99 They won’t tell you if your agreement is valid most likely because that’s offering legal advice and if they’re wrong (in the 30 mins they met you, got your story, and tried to determine if the ex wife did competent legal work) they’d be on the hook SkunkDuster posted:That's exactly it. But the bigger picture is that I'm trying to convince him that he needs to at least have a consultation with a lawyer before going through with the divorce to see if the "agreements" the wife came up with will hold any water in court. Don’t try to convince him by giving him more legal advice off the internet, it will just cement his belief he can rely on his wife’s internet advice
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May 26, 2021 03:23
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From my bar prep, child support agreements are something that states can regularly amend if they don't think the arrangement is in the best interest of the child. Your buddy should definitely get an actual consultation to see whether the specific arrangement he's come up with will pass fly in his state / jurisdiction
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May 26, 2021 04:32
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You won’t get that info from a consultation You will have to pay money
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May 26, 2021 04:34
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SkunkDuster posted:But the bigger picture is that I'm trying to convince him that he needs to at least have a consultation with a lawyer before going through with the divorce Tell him this, and tell him a real-life lawyer told you this: the Courts don't give a gently caress about you and no matter how hard you wish things to be hunky dory and how much you think you can atone for whatever you're blaming on yourself by trying to be as cool and amenable as possible, there are 839 bear traps on this path that you wouldn't have the slightest idea to imagine, let alone see coming before they get you. If you have the money to pay for your kid's health insurance, you have the money to pay for a lawyer to make the next 18 - X years of your kid's life as predictable, stable, smooth and responsible as possible and you half-assing this bullshit because your wife is making you feel guilty is just loaning your kid all the problems you're not investing the resources into solving now. You owe it to your kid, and you owe it to yourself to Do This Right the first time. Stop being a loving moron and hire a lawyer.
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May 26, 2021 05:42
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If it takes five iterations of back and forth on "no, what is the exact question you are asking?" Then you need to consult a lawyer.
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May 26, 2021 08:27
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Also: hire a local lawyer. In the county the the kids live in
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May 26, 2021 11:22
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Don't listen to these soul sucking sad saps OP. You don't need a lawyer. Child support is the sole purview of the national social security agency who will make a formal decision on it automatically after a registered divorce, adjust it to your automatically registered taxable income after fixed tables and organize the payments automatically, even paying the difference if you can't to ensure the child gets the payments. The court doesn't even get a say or determine the amount! No need for a lawyer, it's all automatic and you can't really affect the outcome. You can, however, request a re-evaluation based on an audited... wait are you american? poo poo never mind then.
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May 26, 2021 13:15
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In 98% of the cases that’s the way it works in the USA too
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May 26, 2021 14:47
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This is one of those "the only thing more expensive than a lawyer is not getting a lawyer" situations.
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May 26, 2021 18:21
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Child support typically is numbers in numbers out and fairly formulaic. Your question though is asking for legal advice, so: Tell your buddy to talk to a lawyer. If your buddy won't talk to a lawyer, well, you tried and he'll find out soon enough.
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May 26, 2021 19:53
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SkunkDuster posted:That's exactly it. But the bigger picture is that I'm trying to convince him that he needs to at least have a consultation with a lawyer before going through with the divorce to see if the "agreements" the wife came up with will hold any water in court. Either he gets a lawyer or in a couple of years he's the divorced guy who won't shut the gently caress up about how "unfair" the courts are to men in divorce cases.
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May 26, 2021 20:44
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Child support gets weird with self employed people and business owners
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May 26, 2021 20:45
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My elderly father-in-law was in a very serious car accident today involving two other vehicles. He's still unconscious in the ICU and we're not sure who is at fault yet or really what even happened, but he was very seriously injured, possibly crippled for life. My thought is we'll want to retain a lawyer as soon as possible for either contingency - either my father-in-law caused the accident and caused a large amount of property damage, or he was the victim and will need compensation for what I'm sure will be massive medical bills. Since we don't know who caused the accident yet, how do I find a lawyer who could represent him regardless of which side he ends up on? From what I've seen so far it seems like a lot of personal injury lawyers don't do defense work.
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May 28, 2021 07:49
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Class Warcraft posted:My elderly father-in-law was in a very serious car accident today involving two other vehicles. He's still unconscious in the ICU and we're not sure who is at fault yet or really what even happened, but he was very seriously injured, possibly crippled for life. My thought is we'll want to retain a lawyer as soon as possible for either contingency - either my father-in-law caused the accident and caused a large amount of property damage, or he was the victim and will need compensation for what I'm sure will be massive medical bills. Doesn't his insurance company provide one?
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May 28, 2021 10:22
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Is his capacity going to be effected for a long time ?
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May 28, 2021 12:10
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You probably want to get the police details of the crash to determine who is at fault. But it might be easier for a lawyer to do that.
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May 28, 2021 12:51
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State? A very important defense in auto accidents called contributory negligence varies state to state and is a big deal here
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May 28, 2021 13:06
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But elderly driver is kind of a red flag
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May 28, 2021 13:07
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daslog posted:Doesn't his insurance company provide one? Probably not, if the damages exceed the policy limits, which sounds pretty likely in this case.
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May 28, 2021 14:01
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bird with big dick posted:Probably not, if the damages exceed the policy limits, which sounds pretty likely in this case. I think even this varies state to state since auto insurance is regulated at the state level.
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May 28, 2021 14:15
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In Florida, if you are at fault, your auto insurance must provide a defense. If not at fault, insurance will not provide an attorney.
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May 28, 2021 14:46
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daslog posted:Doesn't his insurance company provide one? I've never heard of this happening here in California, including all the accidents I've been in. euphronius posted:Is his capacity going to be effected for a long time ? Still unknown. He was hit hard enough on the head that he was unconscious when help arrived, and went into convulsions on the way to the hospital. 24 hours later, he's still unconscious. All his injuries appear to be on the driver side. I called the Sheriff's Department and the only details they'd give us was that two other vehicles were involved, which were also very badly damaged. Lobsterpillar posted:You probably want to get the police details of the crash to determine who is at fault. But it might be easier for a lawyer to do that. Yeah, this is kind of my dilemma. A lawyer would be able to get all the details much easier than we can, but without the details I'm not sure who to hire!
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May 28, 2021 16:03
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What state?
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May 28, 2021 16:15
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You (or someone ) may need to be appointed as guardian to handle the litigation if incapacity persists . Sadly this May transition to executor If you are in a metropolis there should be no shortage of personal injury lawyers to call Getting appointed as as a guardian is a wills and estates attorney . Technically your grandfather pays for that but you may need to pay up front before you get access to accounts . Or who ever is appointed . The wife could also handle this if she is alive and the accounts are joint. I don’t think she can consent to litigation tho on his behalf . Maybe . Probably state law euphronius fucked around with this message at 16:25 on May 28, 2021 |
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May 28, 2021 16:22
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Arcturas posted:What state? California.
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May 28, 2021 16:26
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It was fairly easy for me to get the police report of the accident I was in (I had to fill out a form and was supposed to pay like $5 via paper check and then they'd snail mail me a copy of the report but then they ended up waiving the fee and just emailing me a PDF). It was actually more difficult for my lawyer to get a copy of the police report than it was for me but ymmv. It took them about 3 weeks to finish the report though and then the report was basically crap. Didn't ask a lot of fairly obvious questions and collected contact information from two non-involved witnesses but then never actually bothered to interview them. This was also in a very rural location though like I assume the investigating officer was the sheriff's niece or something.
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May 28, 2021 16:33
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Police reports are generally not admissible evidence in civil accidents
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May 28, 2021 16:34
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Class Warcraft posted:I've never heard of this happening here in California, including all the accidents I've been in. IANAL, but insurance companies in general have a "duty to defend" their customers, which varies in strength by state. I don't think there's a tremendous amount a lawyer is going to be able to do for you until there's a police report at the very least, but also probably a claim filled with the insurance of the responsible party(ies). The insurance company doesn't usually hire a lawyer to defend you unless somebody sues you, they just handle it through the normal claims process; it's only when the person making the claim sues that the insurance company hires a lawyer for you.
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May 28, 2021 18:59
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