To Modify or Not to Modify Support

Once support issues have been ironed out over the course of a divorce, one tends to think they are set in stone. This is not the case, and the support amount may be adjusted later.

"There are circumstances where support (alimony/maintenance) may indeed be modified later and those may include losing a job, becoming disabled, having to take a significant pay cut to keep a job or other major changes in one's life, such as a significant illness," explained Bradley J. Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher. Even though a final divorce decree stated amounts and times those payments were due, the law does understand that things change over time.

"In order to go for a post-decree modification, the change to a person's life must be a significant one in order for the courts to consider allowing a reduction in the amount of support originally part of the final decree, said Hofland. To file a post-decree modification, hire a family law attorney with extensive experience in this area of the law. They are there to outline all the available options depending on what circumstances are present at the time of the filing.

Don't wait to file a post-decree modification, as payment under the original decree must continue until the court has heard and modified the new application. The longer one waits to do this, the more money they may ultimately pay out. "Be aware though that the "change" cited in the post-decree modification needs to be very significant in order for the courts to consider making changes," added Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher.

In other words, losing a job might not be a valid reason for the courts, as they look at each individual situation prior to making any changes. For instance, if the party applying for a post-decree modification has a fair number of assets, this would mean they could still afford to pay support.

"Just because an application has gone to court for consideration does not mean the payments may be stopped or reduced until the court says so, and it definitely does not mean reduced payments are retroactive. On the other hand, if the decision is for an increase in support, those payments would be retroactive," said Bradley J. Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher.

If facing a situation where it looks like filing for a post-decree modification makes sense, hire a top-notch family law attorney to help negotiate all the twists and turns that may be down the road.

To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

The Property Split Headache

Divorce really ought to be a four-letter word, and to many it is, especially if they are trying to figure out how to split their assets.

There is a way to protect assets during a divorce, but it is complicated and in addition to the emotional upheaval of the event, it might not be worth the fight. This is where those who catalogued their assets in advance usually have an easier time of it.

If starting from a position behind the eight ball, then make certain a really top-notch family law attorney is on board by hiring Las Vegas family law attorneys. First class legal counsel is key in determining who is entitled to what property. An attorney knows the law and how it affects property rights. An attorney also knows when other professionals may need to lend their services, such as appraisers and accountants.

"If a spouse has a legal document called a "Power of Attorney" and had the ability to control property and finances, prior to divorce, have the lawyer revoke this authority immediately," said Bradley J. Hofland, a Las Vegas divorce lawyer with Hofland, Beasley & Galliher.

There are many factors to consider protecting assets during a divorce, where everything owned by both parties is examined and divided or awarded to one party. Some assets are not subject to division, such as gifts, family heirlooms and personal injury awards based on pain and suffering.

Be sure to distinguish community property from separate property. The only way to properly do this is to hire a lawyer. Many times, couples argue over the value of their assets. When this occurs, it often becomes necessary to hire a professional appraiser to avoid any "he said, she said" battles.

Perhaps the most critical item of property many couples don’t immediately identify as being subject to division is retirement. In many cases, one party started a retirement fund or had a retirement benefit prior to marriage. During the marriage, the fund increased in value. "You should never try to determine what is subject to division and what is not, without the help of an experienced lawyer. A lawyer will advise you of the proper method of division and perhaps even engage the services of an actuary to assist in calculating a division," aid Hofland.

One of the simplest and best tools to use during a divorce is a video recorder or digital camera to inventory every item of property that may be disputed. "The pictures should then be attached to the list made of items gifted prior to marriage and those given after the marriage. Do not remove anything from the home until this inventory has been completed," said Hofland.

When the cataloging is done, then remove personal items to a safe location, not accessible by a spouse. Oftentimes, small personal or very valuable items have a tendency to "disappear" or "never exist" when parties are involved in a contentious divorce proceeding.

Once you leave items behind, they may not be there when you come back. If one spouse left voluntarily, they may go back to get their belongings. "If the locks have been changed, the locked out party has a right to call a locksmith, unless the locks were changed subsequent to a court order," outlined Bradley J. Hofland, a Las Vegas divorce lawyer with Hofland, Beasley & Galliher.

There are many other things that divorcing parties need to be aware of when it comes to the process of splitting the marital assets. Consulting a family lawyer with extensive experience in this area is the smartest solution to a difficult problem.

To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Adoption to Kin

Not a lot of people are aware of the fact that there is something called kinship adoption or relative adoption.

There are actually several forms of adoption available for those who wish to go this route to have a child. Adoption is much the same process as deciding to have a child. You need to weigh out the pros and cons and consider what your motives are for having a child or for choosing adoption.

One method of adoption is known as domestic private. The others available to choose from are inter-country adoption, kinship/relative adoption and domestic adoption from state foster care. The route you choose will largely pertain to what you think is right for your particular family situation.

A domestic adoption usually proceeds through a licensed adoption agency, an attorney, adoption facilitators, doctors or other various avenues. In this instance, you are able to adopt directly from a family. Usually what takes place is that the family of the child typically chooses the family that will later adopt that child. In many instances as well, both the families will make decisions about how much contact the child will have with both sets of parents.

Inter-country adoption usually refers to adoption of children who are residents and citizens of one country, but the parents are citizens of another country. Typically in these instances, both governments of each country are also involved in this process. Check the State Department website to find out if the country you want to adopt from is allowing inter-country adoptions to the US.

Kinship or relative adoption means a family is adopting a child through close family ties, for instance the child of a sister, or through a relationship the family has with the child's family. A good example of this would be adoption by stepmothers and fathers, grandparents or even friends. You definitely need the assistance of a skilled family law attorney for any of these adoptions, as these matters tend to be rather complex.

Domestic adoptions from a state foster care situation means that you would be adopting a child or children out of temporary foster care or a welfare situation. Children in circumstances like this require a great deal of time and commitment, as they have not experienced that in their lives prior to adoption to a safe home.

If you're considering adoption, get in touch with an extremely knowledgeable family law attorney to assist you in getting through all the legal hoops.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Just Call Me Daddy

Most people figure a paternity test is when a man wants to know if a child is really his. While that is one reason, there are often legal reasons for this test being done as well.

It doesn't take a rocket scientist to figure out that a paternity test is to determine who the father of a child is. Tests really aren't needed for the woman, unless she got pregnant thanks to an egg donation, because she is obviously the mother. This is why the male's DNA is tested and not the female’s.

The simplest test to determine paternity happens to be the DNA test, because when a new embryo is created, it pulls DNA coding from both mom and dad to start a new life. The roadmap of the child’s DNA can only lead to one father and mother. DNA tests are startlingly accurate, up to 99.9%. The only exception to this rule is the remote possibility that one of a set of twin brothers could be the father. Still, in this situation, a combination of tests would be able to reveal the true father with a great degree of accuracy.

A practical question in some instances is whether or not a paternity test is "legally" necessary. While a father has a right to know if a child is actually his, the real question becomes whether or not it is beneficial for the child to know this piece of information.

How will it affect the child if it is determined that the father who has raised him is not his actual, biological father? The bonds that have been established between the father and child often make such a determination psychologically harmful.

Instances where a paternity determination is legally necessary are those instances where there are disputes as to custody, visitation, and child support. These issues most often arise in cases where the couples have not married, but ironically can arise in a divorce case.

We have seen quite a few cases where fathers who want to establish parental rights are in direct conflict with a person who may have raised the child as his own. In situations like this, there is often an ugly legal battle over parental rights and how granting them may affect the welfare of the child at the center of the battle.

There's a great debate over this issue, with two schools of thought. The first one says that since the father created the child, he should have the right to be a dad to his offspring. The second school of thought supposes that a child should not be forced into having to choose between a man he has considered to be his "dad" and who has been present in the child’s home environment, or his biological dad. There is no perfect resolution, and each case should be dealt with on its particular set of facts and circumstances. This is one area of the law where there are very few, if any, perfect solutions.

Having a paternity test is sometimes akin to opening a can of worms, and the legal ramifications need to be carefully considered before proceeding. When in doubt about the wisdom of learning whether you are a child’s father, especially if the child already has a "dad," consult with a skilled family law attorney who will be able to advise you of your rights.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.