Post-Nupital Basics

Marriage, as we all know, is not just an emotional or religious union. It is also a legal union. As such, walking down the aisle without a pre-nuptial agreement leaves a partnership vulnerable to the state's marriage laws in the event of a divorce.

Many states' marriage laws are vague. They also generally allow a judge to make decisions concerning the division of your property if the marriage ends. Fortunately, it is never too late to define and to protect the property of a partnership from the arbitrary decisions of a judge if the marriage ends.

The process of a post-nuptial agreement is very similar to that of a pre-nuptial agreement. It is a marriage contract covering a variety of topics, including the division of property in the event of a divorce, that is created after a wedding.

A post-nuptial agreement is always a good idea. It is a particularly wise move if the financial status of the marriage changes. The financial status can change due to a promotion, inheritance, career change, or other stroke of good fortune. The process of creating a post-nuptial agreement can be a positive influence on both the emotional and legal dynamics of a relationship. It may be hard, but it will only strengthen the relationship in the long run.

It is never easy to discuss topics like money or divorce during a marriage; however, it is important to remember that the pre-nuptial process has been shown to improve and to strengthen a relationship. A post-nuptial agreement is a joint expression of a couple's wishes.

Make it Easy on Yourself and Hire a Prenup Attorney

Prenuptial agreements are written contracts between both marital parties deciding upon their rights in the event of divorce or a death. It is a document to safeguard the interests of both parties. Divorces have become common in the United States, and it is wise to make a document that defends your rights. It is not a document proving your anticipation of divorce, but to clearly define the territories of you and your partner.

The contents of prenuptial agreements differ from person to person, but the basics remain the same: the prenup defines the property division and spousal support in the event of separation.

Hiring lawyers

If you are thinking about getting a prenup made by a lawyer, it is better that you hire two lawyers instead of one, as there will be one lawyer to tend to each one's case. But before you both draft the case, you should decide the mandatory terms of the pact.

Costs

The prenupital lawyer fees depend upon the state, and the locality. Generally, the fees lie somewhere in between $700 to $800 to get a prenuptial agreement prepared by a lawyer. The costs are variable and may lie outside this boundary. The expenses also depend upon the amount of negotiation required to arrive at an agreement, and the complexity of the finances of the couple. Additional costs might be involved if you feel the requirement to hire an appraiser as well, to value real estate, collectible property, or business.

Costs also depend upon the time factor. If your wedding date is approaching near, and you want a prenup to be made as soon as possible, the lawyer will charge higher rates per hour. Generally the attorneys, who draft prenups request early retainers, and charge on hourly rates.

Need a Lawyer for a Prenup?

Hiring a lawyer

In fact too lawyers, to protect the interests of both parties. Basically, there are no reasons to say no to a lawyer and making your own prenup, except money. Agreed, prenupital lawyers charge fees to get your prenup made, but they have a better understanding of the state laws, and know which things to include in a prenup. While drafting your own prenup, you might miss out a few important points, or add some ineffective ones, so it is better to take professional help.

When selecting a prenupital lawyer to make a prenuptial agreement, make sure you choose a good lawyer. Select the lawyers who are experienced and competent in matrimonial laws, and who can support you both in writing a fair and clear agreement.

Make sure that you decide the terms yourself before consulting a Staten Island prenup lawyer. You both should be clear with the requirements of the agreement before you visit a lawyer. If you prepare a rough plan of what you want to be included in the prenuptial agreement, it will be more just and fair to both sides.

The decision is yours-whether you want to hire a lawyer, or want to create your own prenup. Whichever way you choose, make sure you take care of interests of your spouse as well, and not just you own. Also, it is better to make a rough plan first. If you are doing it all yourself, it is important for you to know how prenups are made. You can use prenup templates to help you with your cause. These are samples that will help you by presenting a general prenuptial agreement format.

Make sure you include all the important points in your prenuptial agreements, as according to many state laws they cannot be changed later.

Elder Law Attorneys for the Future

One of the best things about U.S. law is that there are so many different areas of it that cover all aspects of life. Elder law is just one of the many different areas of law that attorneys can specialize in. Elder law involves helping elderly people plan for their future and for what happens after they pass away. While it's not a subject that people enjoy talking about, it's a necessity for all elderly people. Elder law Attorneys can help elderly people with all aspects of their current life and assets.

One of the biggest areas that those who practice elder law in Staten Island can help with is Medicaid planning. Because Medicaid laws are constantly changing, it's important to start the planning process as early as possible. Elder law attorneys can help elderly people qualify for Medicaid and the benefits that come along with it.

Estate planning is another area in which elder law attorneys can help elderly persons. All of the assets that belong to a person must somehow be divided among beneficiaries in a legal way so that there are not complications after the person passes on. The attorneys will help the client organize the assets and create a Will that will designate where the assets go.

Lastly, an attorney can help the clients plan for a nursing home for later in their life. While most do not want to end up in a nursing home, the majority of elderly people do at some point. Because nursing homes are extremely expensive, using an attorney to help argue contracted prices at a nursing home will save an elderly person thousands of dollars in the future.

Why Get a Prenupital?

A prenuptial agreement is a contract signed by a couple before they get married. "Prenups" as they are called, are most commonly used to agree what will happen to the two party's property and debts should they get divorced. Otherwise any divorce will have to go to court. A standard divorce will often attempt to just split all the property down the middle.

However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Staten Island family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.

A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by Staten island family attorneys, then a court will not enforce the agreement.

For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Staten Island family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.

Living Will vs Health Care Power of Attorney

A will to live, formally called a living will form, is a type of advance directive. These legal forms are usually required to be notarized or signed and dated by witnesses.

A living will form usually covers specific directions as to what kind of medical treatment your caregivers will give you or are not allowed to give you. Some people go as far as to refuse food and water if they become incapacitated. A will to live is just that though, it is intended to force caregivers to give you the kind of medical treatment you want if you can't communicate those directives yourself. You are considered unable to communicate when you become incapacitated or brain damaged.

Another form similar to a living will form is a power of attorney for health care form. A power of attorney for health care form appoints some one you trust of your choosing to direct your health care decisions.

End-of-life health care decisions can be very difficult and emotional on your family; 1/3rd of Americans have had to make end-of-life health care decisions for their family. A living will form will keep your family members from making these critical, emotional, and frightening decisions.

You are also entitled to fill out a do not resuscitate order if you so choose to do so, this order will not allow your caregivers to put you on life support. Often times depending on the hospital and jurisdiction they will withhold do not resuscitate orders until their confirmed or simply not even recognize their legal power. Most hospitals will not perform incubations or resuscitation only when faced with these orders but they will treat infections, pump food and fluids directly into your blood stream, use pain management, and adequate comfort care are often times continued.

These types of forms are valid as soon as they are notarized or witnessed, copies should be given to your doctor, family, and any one else you feel may need a copy.

When to Contact an Elder Law Attorney

It's happening all around the country as families prepare to relax and have fun over the summer months, the time for an elder law attorney.

Because of time and distance, changes in older loved ones become more noticeable. Uncle Bob seems a little slower to respond to our questions and it takes him longer to move from room to room or up the stairs. Mom's house, which she took pride in keeping spotless, isn't as clean as it used to be, newspapers are piling up everywhere, and the yard is looking shaggy. Then there's Aunt Katie whose kids have noticed that she doesn't pay the bills on time or pays them more than once and she's donating to charities that she has no idea what they do. The mail has become a daily event for her since Uncle Steve died.

The summer also may be a time when families face the difficult decisions about finding care for their older relative. Here are some of the changes that may indicate your loved one needs an elder law attorney.

Weight loss

Bad personal hygiene or significant negative changes in personal hygiene

Unusually loud or quiet, paranoid, agitated behavior

Unusually cluttered, dirty or messy home

Local friends and relatives are expressing concerns about changed behavior

Self-imposed isolation, stops attending activities

Signs of forgetfulness such as unopened mail, piling newspapers, not filling prescriptions, or missed appointments

Signs of poorly managed finances, such as not paying bills, losing money, paying bills twice or more, or hiding money

Finding the Right Living Will Attorney

When it comes time to plan for the later years of life many people put off the decision for much too long. The main purpose of sitting down to do what is usually called succession planning is to make sure ones survivors are provided for in a way that supports a comfortable life after you're gone.

Such things as housing and income and health care are just a few of the issues that must be prepared for so that the surviving family members can avoid unexpected or unplanned for financial short falls.

It is best to seek a living will attorney to help with this type of planning. The fees are modest, especially when compared with the potential for oversights when dealing with the complicated issues of finances and property and health needs that extend into the distant future.

So the question is, "How do I find a good living trust attorney?" Let's list a few of the tips that will help with this challenge.

1 - Check with friends and relatives and work mates. You'll want to get at least three to five names of attorneys. It is vitally important that you are specifically seeking attorneys that specialize and have experience that has been largely focused on preparing Living Trusts. It is important to know that attorneys, like doctors, specialize in specific practices. You wouldn't seek out an eye surgeon to set a broken leg from a skiing accident. The same rule applies to attorneys. Pay attention.

2 - Now call or email a lawyer's referral service. Request the names of at least three attorneys that specialize in living trusts.

3 - Once you have hopefully gathered at least five or so names you'll want to do your pre-interview research. Please make sure you don't start calling to speak with your list of attorneys before you complete this step. A) Run each of the attorney's names from your list through the Bar Association's research files. You'll be looking for a confirmation of their specialty, which will be registered with the Bar Association. B) You'll also use this research to determine the attorney's behavioral records. In the unlikely event an attorney on your list has received even one admonishment, regardless of the nature; eliminate him or her from your list and move on to the next name.

Health Care Power of Attorney

Health care power of attorney forms are used in the conditions when the principal becomes incapable to make decisions about his health and medical care due to reasons such as aging, mental illness or in the state of unconsciousness. This principal grants his attorney-in-fact to make all the health and medical decisions for him. This power is usually granted to one's doctor, therapist, or house attendant (unless they are also close relatives, spouse or anyone in the family).

This form also includes a living will. The living will is either attached to the form or written separately. If written separately, it is important for the agent to keep a copy of it. This 'Will' includes certain restriction on the rights of the agent regarding the health issues. The agent has to consult the living will to see what limitation of right he has.

This Living Will should include the following things by your living will attorney:

You have to mention the circumstance in which you want this will to be used. For instance, you can ask the agent not to use any life-prolonging procedures and use only the pain relief.

Mechanical breathing apparatus is used when the patient stops to breath on his own. You can mention whether or not, you would like to live on it.

You also mention whether the use of CPR for you will be acceptable to you or not. It stands for cardiopulmonary resuscitation which is used when the heart stops pumping on its own.

You can mention your Will over the artificial feeding and intravenous fluids. These are used to feed you through taking down the tubes from your nose to your stomach.

A Living Will to Avoid Bankruptcy?

You don't need a degree in math to figure out that with health care going up more than 10% every year, and personal income only growing by 4% per year, things aren't looking as good as they were a few years ago. The reality is that it is possible for someone to work for a lifetime and retire with a nest egg of, say, $750,000, and end up having to spend it to cover one major medical issue. This is increasingly true due to better survival rates that, while saving a life, may mean costly day to day care to keep you alive due to the results of a significant illness. It is for this last reason that more people implementing a living will that could save some families from bankruptcy.

Living wills, also known as 'advanced directives,' are legal documents that grant another person the right to order that treatment cease in the event a person is unable to live, eat, and function without the aid of machines or medical care. Essentially you could opt to have any machine or device that is being used to keep a person alive, discontinued or turned off if the executor of the living will decides it is in the best interest of the patient and their family.

Generally speaking, a physician, or physicians, must determine that a patient is not likely to improve in condition and are in a state of extreme discomfort and pain. Again, the patient must not be able to take care of his or her self, and requires a machine in order to remain alive. It is at this point that a person who has a living will, would have made plans to have the treatment terminated at the executors request.

There are times when a living will can be contested by other family members not named in the document. However, in most cases courts tend to rule in favor of the wishes of the patient as spelled out in the will and have seldom ordered that treatment continue.

Plan Your Estate the Right Way!

#5 Does your estate planning attorney have a process in place to respond to your phone calls and emails quickly in case questions arise? Will your attorney keep you informed about how your matter is progressing?

Your estate planning attorney should be able to answer your phone calls, emails, and questions quickly. You are paying this attorney for service and for professional guidance and attention, not just for the drafting of your estate planning documents. How often have you heard from friends and loved ones about an attorney that takes days, weeks or more to respond to phone calls? Do not tolerate such unprofessional behavior. Ask your attorney about this and if he is unable to convince you that he has such a process in place, then continue your search for an attorney that will get back to you in a time efficient manner.

#6 Does your estate planning attorney have a process for helping you capture and pass on not only your physical and financial wealth, but also your intellectual and spiritual assets, as well as what is important to you?

Some attorneys recognize that wealth is not measured solely by your net worth, by the value of your brokerage and retirement accounts, but is also measured by who you are as a person. Your intangible assets, such as lessons that you have learned over a lifetime of building wealth, or the wisdom you have accumulated through your life experiences that you would like your children to know more about, are very valuable, almost priceless. These should not be forgotten.

When deciding whether to hire an attorney, be sure to select someone who will help you capture, document, and pass on all of your assets, including those intangible ones that are often overlooked.

Estate Planning For You

#3 Does the estate planning attorney guarantee his service? Will he refund your money if you are not completely satisfied?

Your estate planning attorney works for you and is being paid to help you plan your estate. You should not tolerate an attorney that will not refund your money if you are not completely satisfied with the work. Additionally, your attorney should be willing to revise your documents that he is initially drafting. However, after he has drafted them and you have expressed your satisfaction, you should not expect the attorney to revise these documents unless you have kept the attorney on retainer. Please note that no attorney will guarantee results if your matter is being litigated in court.

#4 Will the estate planning attorney help you make wise choices about insurance, saving for your children's future, and retirement planning?

Your attorney should help you make decisions about the most appropriate documents and vehicles to accomplish your estate planning objectives, but should also assist you with buying insurance, saving for college, planning for retirement, and all of the other challenging decisions that will arise. In fact, your attorney should have a team of trusted advisers in place in order to help you make the best possible decisions.

If your attorney is unable or unwilling to advise you on these matters, then you should seek out an attorney who will do so. Having such an attorney will prevent you from making expensive and unnecessary mistakes, and will save you time in having to hunt for additional advisers.

Hiring an Estate Planning Attorney

You should consider several different questions before you sign an agreement with any Staten Island attorney, but this is even more important when it comes to hiring a wills, trusts or estate planning attorney. This attorney will address sensitive family and financial issues that range from helping you pass assets on to your children and close family members, to protecting you from unnecessary taxes, to helping you determine the best person to make medical decisions on your behalf. This is why you need to know the answers to the seven questions discussed in this special report.

#1: Does the attorney offer a free consultation and will he explain what will happen at this initial meeting?

An estate planning attorney should offer you a free, no hassle consultation. First, meeting him or her will help to put you at ease and will give you a chance to discuss your case in a frank manner. You will also have a chance to ask questions and to determine if this is an attorney whom you can trust to address your legal concerns. Second, it gives the attorney the opportunity to ask you questions and to learn more about your case. You might discover that you do not get along very well with this attorney. Conversely, the attorney may realize that your case is not the type that he wants to take or is not related to his field of expertise. For this type of relationship to work in an effective and productive manner, both you and your attorney need to be able to work together comfortably.

#2 Does the attorney offer a flat fee for the services that he will perform and will this be put in writing?

Every attorney should use a written agreement, which is known as a retainer agreement. In this agreement, the attorney should clearly state the fee that you will be charged and honor this agreement. The attorney should clearly explain the fee, the services that he will perform, and should also clearly explain the options that are available to you to pay this fee. You should not sign this agreement until you understand how much you will be charged, what the attorney will do for you, what information he will need from you, any deadlines involved, and any other obligations that you are required to perform. You should always feel free to ask the attorney questions if you do not understand something in the agreement or otherwise. You should also ask about the expected completion of the work.

A flat fee encourages the attorney to work in an efficient manner and also prevents you from receiving an unexpectedly large bill upon the completion of the services. This can happen if it takes the attorney longer to complete the work than he initially thought.

Reducing Your Child Support Payments

There are a lot of people out there who have a hard time and want to reduce child support, because their standard of living and ability to keep current on their bills is suffering. Why? Because the amount of their child support payments has been calculated based on a wage far higher than they actually receive. If you're making support payments which seem far higher than your income warrants, then you'll want to keep reading; there are some tips here which may enable you to reduce the amount of your support payments.

Before you begin trying child support reduction, keep in mind that you still have to keep making them at their current level while any decision is being made. Otherwise, you'll almost certainly meet with failure in your efforts to reduce your payments. While you're working to reduce child support payments in court, you should continue paying support to your former spouse. Even if you can't afford to pay the entire amount, keep paying what you can towards your payments. This demonstrates your willingness to make payments and your inability to make them in full. If you don't pay, this gives you the appearance of being unwilling to meet your obligations.

Worse yet, it makes you appear as though you don't care about the child. Always make your payments by check (or better yet, certified check) since cash isn't traceable. You can make an appeal to the court to reduce support if your income has declined or you have an argument to make about extenuating circumstances that you feel the court did not take into consideration.
These may include custody of another child or financial hardships; if you have another child to support, the law is on your side in asking to reduce child support.

Asserting Your Rights as a Father

Another aspect of father's rights in child maintenance is to collect it himself should he be the custodial parent. There are many fathers that automatically assume the mother will be granted full custody of the children so they do not fight. If you have any reason to believe that your spouse is not equipped to handle the children, it is your right as the birth father to take matters into your own hands. Your best advice is to remain as willing to communicate as possible and avoid moving out of state during custody hearings. There are many fathers who pay child support only to have their ex move the children out of state. Because this is so common, your father's rights have been safeguarded by federal laws which require a parent to meet several guidelines before just moving a child away from you. Again, you must continue your payment schedule.

If you are having problems asserting your fathers rights in child custody situations or feel that your child's mother is breaching the contract, it may be a good idea to hire a child support attorney to work with the two of you. Attorneys strongly recommend that fathers maintain accurate records and paper trails of all child support paid (or received) and that no blasé agreements are entered into without court intervention and documentation. This is a simple way to protect your self and with the help of a mediator can produce binding changes to child support, custody or visitation rights. It is common practice for the mediator to be called upon by the Judge to offer recommendations based on their impartial experiences with you and your child's mother.

Father's Rights and Child Support

What may seem fair isn't always how things work. Luckily, there are many aspects of child support that are federally mandated and each state has different laws in regard to a father's rights in child support.

Child support is granted when one parent becomes the custodian. The other parent will be granted visitation rights and schedules will be set up by the court systems in your jurisdiction. These arrangements are legally binding. Many fathers may experience trouble with the mother granting the visitation as outline and will withhold child support as a form of retaliation. Unfortunately, this is not the way to go about this. If you pay child maintenance and are not being granted your rightful visitation, you should contact the courts or a child support attorney to settle the matter legally. In the meantime, paying your court ordered child support is mandatory. Keep in mind that non-payment of court ordered child support can lead to punitive conditions such as jail time.

Each state is required by federal law to mandate a schedule of calculating how much child support should be paid. Essentially, this figure is devised by using your earnings, the cost of raising your child, the number of children in question as well as any special needs that the child may have. If the mother is the custodial parent, her ability or lack thereof in supporting the children can also be used. This is why it is up to you to offer as much accurate information as possible in order to have child maintenance payments that are affordable. A father's rights in child support do not change should you lose your job or become laid off; and any changes to the frequency or amount have to be filed by both parents within the court system.

Getting More From Your Child Support

Divorce is not an easy thing. Especially if you have children and are reliant on the ex-spouse for child support.If making ends meet for you and your child or children has become more difficult did you know that you can request that a child support attorney review your child support payment once a year. If your ex has gotten a raise, or child's education and cost of living has increase4d you may be eligible for an increase. But do keep in mind that if your ex has lost their job or has had a salary decrease and you have asked for an adjustment your child support could possibly go down. In this article you will receive some suggestions about what you should do before you go to a judge to ask for modification to your child support.

First, you should obtain a copy of your state's child support schedule. Usually this is available online, but if not you can request a copy of the child support payment schedule from your local courthouse.

Secondly, it is essential that you gather all your records from the previous year that may reflect why it has become more difficult for you to maintain support for your child. A raise in education cost, higher medical bills, increased mortgage or rent payments. Include pay stubs reflecting that you may have had a cut in wages per hour or a cut in work hours or worse you may have lost your job.

Third, you will want to obtain a form to modify your child support. You may be able to download one, if you can't you should be able to pick one up at your local courthouse. If one is not available you can create your own form just include all of the above information.

Fourth, fill out the form and attach all of the records you have compiled to substantiate your request for an increase. Make sure you have attached at least 12 months worth of financial records. Before submitting anything make sure you have made copies of everything for you to keep yourself.

Fifth, you will file your original completed form in the court where your original child support order was filed. The fee for filing is usually somewhere between $15 and $50 depending where you live.

Sixth, make sure your ex-spouse receives a copy of your request. If you send the copy by mail make sure you send it registered certified mail with a signature request. It is very important that you keep your green receipt. This will be proof that you mailed it to them.

Child Support Lawyer Eric Gansberg

If you are not with your significant other anymore, but have a child with him or her, then you will need to figure out how you will take care of your offspring once the funds leave with your spouse. Getting a reputable child support attorney can help you to get the wages you need in order to care for your baby.

Definition

When a couple has a kid, sometimes they do not stay together. If separation occurs, there will be a time when the parent that has full custody and is raising the kid will need financial assistance. This assistance can be something that the parents agree upon themselves and does not involve the courts. However, often times, the courts get involved and the financial assistance is decided by the law. Usually, if you're the one that has to pay, it's best to get a child support attorney to oversee your case. By doing so, you'll feel at ease knowing you are paying what's fair and not being taken advantage of by the parent that has custody. Keep in mind that such costs will take care of the kid's basic needs such as food, clothing, and shelter. In addition, you will need to keep in mind that the courts may consider costs for school as well as medical care.

Determining Payment Amount

There are numerous factors that will affect how much will need to be paid when it comes to monetary assistance. One of the first things that needs to be done is that both parents will need to reveal their finances to the courts. This should include all money made each month as well as expenses that are paid out each month. Having a child support attorney during this time will prove to be helpful. In addition to basic financial information, the courts can also consider your earning potential for the future. This means that if you have a job that shows you may make a certain amount as a gross income, but actually have the ability to make much more, the necessary monthly amount paid for the child may increase to reflect the potential for increased income. Furthermore, the living conditions before the parents separated will be taken into consideration since the courts would like the quality of life to remain constant if possible. After this information is defined, the courts usually take all of this into consideration and come up with a fair amount that has to be paid to maintain the living conditions.

Ensuring Payment is Made

Sadly, there are some parents that do not want to pay money to help aid their kids. As a result of this delinquency, you will need a good child support attorney to help navigate the process. There are ways for the courts to get the money needed, such as by serving the non-custodial parent with an official document that will state in writing that he or she should pay the money. If this does not work for whatever reason, the courts have the right to garnish wages, take tax refunds and even put a lien on a property if necessary.