Dating survival guide pamphlet
Clauses that provide for the other side to pay “a reasonable share of the child's college expenses” are worthless since they don't say exactly what the other parent has to pay and a judge is not going to guess what the parents meant by this language. Even if you just divide the college costs 50-50 between both parents, it's still better than a vague and unenforceable clause. Or it could state that the wife shall pay the husband alimony of 0 per month for a total of four years, at which time it will terminate forever. Your attorney can advise you about the specifics in your particular case. This is a particularly important term and it should be spelled out clearly in the agreement how alimony payments will be treated for tax purposes. Please be sure to see your legal assistance attorney for more information on alimony in your particular case. If there is to be no division, the agreement should say so. The former of these involves calculating the present value of the pension right now and setting it off (or trading it) against the value of another asset, such as the other spouse's pension or the marital residence. This will not stop the creditor from suing both of you if your spouse doesn't make the required payments and both of your names are on the obligation. Most separation agreements do, however, contain a clause that allows each spouse to be left alone as if single and unmarried, and that forbids each spouse from harassing, molesting or interfering with the other. A good example would be a clause that required the parties to file jointly so long as they are eligible to do so (usually until the year they are divorced) and to divide the refund or liability for taxes in a specified way, such as 50-50, or 75-25, depending on the incomes of the parties. It is best to have two attorneys involved, one to advise each partner. IF I HAVE OTHER QUESTIONS ABOUT SEPARATION AGREEMENTS, WHAT SHOULD I DO? Please consult a legal assistance attorney or private attorney of your choice as soon as possible.
If the decision on pension division is to be put off or deferred because there is no present agreement, that also should be stated clearly. The second approach postpones the division until whenever the employed spouse starts receiving pension payments. But it allows you to ask the court to hold your spouse (and not you) accountable for the debt as set out in the agreement. In this way, the husband and the wife both know that they have received independent legal advice for their individual situation from a lawyer who does not have a conflict of interest in trying to represent two clients with different goals and needs. Your lawyer can answer the many questions about separation agreements and help you to make a fair and intelligent decision about your choices, options and alternatives.
IF I HAVE A SIGNED SEPARATION AGREEMENT AND AN APPROVED REQUEST FOR AN “ADVANCE RETURN,” DOES SHE HAVE TO LEAVE? For example, the father could claim the exemption in even-numbered years (1998, 2000, 2002, and so on) and the mother could do so in odd-numbered years.
She may lose command sponsorship and be barred from all the facilities here, but a civilian spouse is not required to return to the States if she doesn't want to. • Should you alternate the exemption between parents?
Remember this is just a date, there were other girls before her and there’ll be many more after her, this is NOT your one and only chance to find love! Take her Somewhere Loud you’re trying to get to know her not deafen her.
If you’re secretly already telling yourself she’s your girlfriend in your head then we have a serious problem. Avoid places where you’ll have to shout your every word, quite frankly it gets exhausting.
Topics covered include stress, eating disorders, social aggression, anger management, bullying, school violence, depression, suicide, dating violence, and self injury.
INTRODUCTION: As a service to our legal assistance clients, we have prepared this handout with frequently asked questions involving separation agreements. A separation agreement is a contract between a husband and wife when they separate from each other in which they resolve such matters as property division, debts, custody and support. Here is some very general guidance : • If the separation agreement hasn't been incorporated or made a part of a court decree, then it's binding and cannot be charged regarding your “adult promises,” except with the consent of your spouse. Some parents also agree on a modest monthly allowance for spending money for the child, or for travel to and from home, or for summer expenses. Few parents want to agree to finance a college education for a child at any college or university.
We do ask, however, that you read over these questions and answers carefully in connection with your visit to our legal assistance attorneys so that you may have the fullest information available to help you with your family law problem. • The court can overturn a separation agreement if it was signed due to fraud, coercion or lack of mental capacity. CAN WE PROVIDE FOR COLLEGE EDUCATION OF OUR CHILDREN IN A SEPARATION AGREEMENT? In most states the judges cannot order you to pay child support for your child in college. Consider putting a ceiling or "cap" on the college expenses, such as by specifying that the maximum shall be "the then-prevailing rate for in-state tuition at XYZ State University " or some other nearby public institution. Your attorney who prepares the separation agreement will explain alimony (also called spousal support or maintenance) to you.
This is a job for a legal assistance attorney or a civilian lawyer, whichever you choose. Even a small increase in support would help offset the tax increase that will be paid by the custodial parent, and the other parent can better afford such an increase due to the taxes he or she saves by claiming the exemption on federal and state tax returns.
Never try to prepare such a complex and important document yourself. CAN WE DIVIDE OUR PROPERTY IN A SEPARATION AGREEMENT? The property to be divided consists of real property (land and the buildings on it), tangible personal property (cars, jewelry and furniture, for example) and intangible personal property (such as bank accounts, stocks and bonds, vested pensions and life insurance). If you'll tell your legal assistance attorney where your home is, as well as that of your spouse, we can check the laws of those jurisdictions to tell you the grounds for divorce and whether a separation agreement would help you to get a divorce there. You can also provide for the person who receives the dependency exemption to receive the “child tax credit” allowed by the federal tax laws. • Consider the following issues: • Should the exemption be "traded", instead of given , to the other parent--in exchange for an increase in child support?
Since college is less of a luxury and more of a necessity these days, it would be a good idea to consider whether you want to provide in writing for college expenses in your separation agreement. • What part of the college costs will each parent pay? It is money paid by one spouse to the other to help with food, shelter, transportation, clothing and other living expenses. If the two of you have agreed on some measure of temporary or permanent alimony, you should definitely put that in the separation agreement. In order to be deductible by the payor, it must end at the recipient's death. Sometimes clients have a provision added to the alimony terms in a separation agreement that alimony will also end if the recipient starts living with an unrelated person of the opposite sex on a regular basis as if they were husband and wife. Don't just leave it out or let the agreement be silent on this issue. • You will probably have to prove that you are the dependent spouse -- you are financially dependent on the other party or in need of support from him or her; • Likewise you'll probably have to prove that your spouse is the supporting spouse ; and • In some states, you may have to prove some sort of fault on the part of your spouse (abandonment, adultery, domestic violence, etc.) although this is becoming less and less important as a part of alimony in many states. WHAT ABOUT PENSIONS AND RETIREMENT BENEFITS - ARE THEY DIVISIBLE? Pensions and retirement rights can also be considered marital property. It is an important aspect of equitable distribution. In another case, the wife may take over certain debt payments for things she charged or purchased or for things that she is being given in the property division. I WANT TO MAKE SURE I CAN DATE AFTER WE OUR AGREEMENT IS SIGNED. Any sexual relations with a person who is not your spouse is adultery if it occurs before you are divorced.
Be sure to set some specific percent or amount so that it will be enforceable in court if you need help in the future. SHOULD WE PROVIDE FOR ALIMONY IN OUR SEPARATION AGREEMENT? Such a provision might state, for example, that the husband shall pay the wife alimony of 0.00 per month until either one dies or until she remarries. It is also acceptable to make the alimony nontaxable to the recipient if it is nondeductible for the payor. A waiver of alimony is such an important term that it should be clearly spelled out in the agreement so that there is no misunderstanding. • An absolute defense to alimony may exist when the parties have waived alimony in a separation agreement or premarital agreement, when a divorce has been granted before an alimony claim is filed, or when only the dependent spouse has committed adultery or some other form of marital fault. HOW SHOULD WE DIVIDE OUR PROPERTY IN THE SEPARATION AGREEMENT? In many states there is a presumption that all property acquired during the marriage is equally divisible. Other divisions, such as 60-40 or 75-25 are certainly legal if the parties agree that the division is fair and reasonable (or if you go to court and the judge finds that an unequal division is justified). Often a spouse's pension is the most valuable asset of the entire marriage, and this should certainly be considered in doing a separation agreement. The division of pension rights in a separation agreement can be done in two ways: a present-value offset, or a future percentage of payments. You should set out a schedule for who pays what debt in your separation agreement, including the creditor's name, account number, purpose of the debt, approximate balance and monthly payment amount. For example, if the husband is getting the station wagon and the wife is getting the washer and clothes dryer, it might seem fair that each should assume the debt payment for the items he or she is receiving. And no "dating clause" will make legal something that is illegal. SHOULD WE ALSO PROVIDE FOR HOW WE FILE FOR TAXES IN THE AGREEMENT? Yes -- this is a very important provision which can save you an your spouse a lot of money in taxes if prepared properly. CAN A SINGLE ATTORNEY DO THE SEPARATION AGREEMENT FOR ME AND MY SPOUSE? No single attorney can represent both husband and wife in a separation agreement.