cincinnati pree clampsia law Blog

Archive for September, 2009

A definition of terms commonly associated with divorce and family law in the UK.

Affidavit – a formal statement made under oath in court.

Ancillary Relief – financial orders that a court can make in addition to a petition for divorce.  Applying to England and Wales, ancillary relief is a financial claim brought by a spouse through the courts when petitioning for divorce.

CAFCASS – Children and Family Court Advisory and Support Services.  A meeting with a CAFCASS officer will be arranged if an application to the court is made for any order affecting a child, such as contact or residence.

Civil Partnership – the Civil Partnership Act 2004 means that same sex couples may now register their partnership and acquire rights and responsibilities similar to those of a married couple.

Clean Break – a one off order that outlines financial arrangements between a husband and wife.  There can be no subsequent claim for maintenance even if circumstances change.

Conciliation – a type of mediation that takes place in court and helps couples to sort out arrangements for their children.

Contact – the arrangement for a child or children to visit the parent who no longer lives with them after the divorce has taken place.  Contact can also refer to indirect contact such as phone calls and letters.

Cross-petition – a situation where the arguments put forward as grounds for divorce differ between the Petitioner and the Respondent.

Decree Absolute – Follows the decree nisi and is the final order issued by the court bringing a marriage to an end.

Decree Nisi – a provisional order issued by the court.  The decree nisi is the first stage of the divorce and shows that the court is satisfied that the grounds for the divorce have been established.

Disclosure – the process of providing to the court full financial details about a person’s income, assets and liabilities.

Injunction – a court requiring or preventing a person from taking an action.  Penalties are generally set in place for people not abiding by the order.

Joint Tenancy – a form of shared ownership of a home or other property.  When two or more people own a property as joint tenants and one owner dies the other owner automatically takes ownership of the deceased owners share.

Maintenance – the money one spouse pays to the other for ongoing financial support.

Mediation – a process in which an impartial third person assists those involved in a divorce to reach an amicable agreement.

Occupation Order – a court order confirming or denying an individual’s right to occupy a property.  The occupation order can exclude a spouse from a home or a certain part of it.

Pension Sharing – the division of a pension fund between two spouses.

Petition – a document outlining a request for a divorce.

Petitioner – a person who initiates divorce proceedings by filing a divorce petition at court.

Premarital Agreement – a formal written agreement entered into by a couple before marriage setting out how assets will be split in the event of divorce.  Also known as a prenuptial agreement.

Residence Order – a court order that states where and with whom a child will live after the divorce of their parents.

Separation Agreement – a written agreement set out by a couple recording the financial agreement that they have reached.  A separation agreement will normally be upheld by a court but it may be set aside if there has been a significant change in one party’s circumstances.

Statement of Arrangements for Children – sets out proposed arrangements for children after the divorce.  The form is sent to the court along with the divorce petition.

Without Prejudice – a way of preventing the court from knowing about any prior negotiations between a divorcing couple that did not result in an agreement.

There is no doubt that it is entirely possible for you to work on your own with the bank to come to a mutually amicable solution to your foreclosure problem, but you must also keep in mind that time is of the essence in dealing with loan modifications.  While you are trying to deal with the lender or servicer precious time is slipping away. 

Most lenders and servicers continue on with the foreclosure process while you negotiate a modification or other alternative.  Your denial of a modification may not occur until the day before the foreclosure sale.  And if you do receive a modification offer, the offer might be unfair or possibly contingent on you giving up important rights. 

There are no hard and fast rules on what lenders and servicers are willing to do, so it would be very helpful to have a skilled attorney represent you and present your situation in the best light possible. An attorney can review your financial information and help you devise a strategy to reach your end goal whether it be to modify your loan to a fixed or lower rate, add back payments to the principal, temporarily reduce payments, or just to help give you enough time to sell your home or negotiate a short sale, deed in lieu, or other alternative.

An attorney can also review your loans and servicer/lenders’ actions to see if there are any violations of HOEPA, RESPA, Reg B, the Fair Debt Collections  Act,  the Fair Credit Reporting Act,  acts regarding subprime loans, predatory lending acts or any of the other consumer/borrower protections found in North Carolina and/or Federal law.  There are many rules and regulations out there that protect borrowers and consumers that you may be able to take advantage of. 

Additionally, an attorney often has contacts in Loss Mitigation, Short Sale, and other departments within servicers and lenders which can increase the efficiency of you loan modification review and so that you don’t have to spend your valuable time on hold with servicer or lender departments just to have your modification paperwork lost or to be juggled from one department to another. An attorney can make these calls, negotiate your position, propose many alternatives, advise you at each juncture and keep you updated throughout the process instead of you spending large amounts of time in limbo wondering if you are doing everything possible and whether you have explored every option to reach your goal whatever that may be.  

You may only have one shot at a loan modification or other alternative and by employing the services of an attorney you can feel assured that all possibilities and avenues have been explored. 

For more information on loan modifications and other foreclosure alternatives, please visit:  http://zellersrudd.com/areas_of_practice/charlotte_foreclosure_alternatives.aspx 

In the event of a divorce between two parents, the welfare of the children is a predominant concern for the court. One of the issues that must be decided in these situations is the custody of the children, or who they will live with. The other issue is child support; the financial support that is required to raise and care for these children.

When matters like child support are being decided, it helps to have an experience Irvine family law attorney at work on the case. Decisions of child support often follow a complex formula that will take into consideration the parent that the child lives with and the parent with the highest income level. If that person is self-employed, determining income and child support amounts can be even more complicated. A competent lawyer can help parents wade through the complex formulas and guidelines to come to a child support amount that everyone can agree on.

When agreements don’t happen easily, an Irvine family law attorney will work for the interests of the children and custodial parent to ensure a fair amount of child support will be paid. By the same token, the non-custodial parent often needs a lawyer in his corner to ensure that the payment required is fair and affordable. If circumstances in that parent’s life change and child support payments cannot be made, that same lawyer can file for a modification to the agreement to take this change into consideration.

Once an agreement is reached, the custodial parent will be counting on the fact that payments will be made on time and in full every month. If the checks do not come in a timely fashion, an experienced Irvine family law attorney can file the proper paperwork with the court to ensure that payments begin again or back payments are made with the appropriate interest charges included. In California, the rate on late child support payments is 10%, and there is no statute of limitations on that money. A competent lawyer will make sure those payments are resumed quickly and correctly.

In some cases, the court will work to set up a system where child support payments are taken directly from the non-custodial parent’s paycheck. This will ensure that payments are sent on time, every time. If payments still become delinquent, there are other measures that an attorney can take to ensure payments resume as soon as possible. These might include seizing assets like property or withholding the amount out of a tax refund. The key in collecting this money will be to find an experienced Irvine family law attorney who is able to work through the system to get the necessary compensation to those who need it most.

Child support can be a sticky issue in the divorce proceedings. The good news is that the law protects both parties in this situation to ensure a fair deal. Whether you are trying to collect child support payments from a reluctant spouse or needing to modify the support agreement in any way, an experienced Irvine family law attorney can ensure the moves swiftly and smoothly.