Child Support Enforcement and Federal Criminal Law

Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about "deadbeat parents" (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.

Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver's or professional license, and more.

In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.

Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool.

The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.

A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines.

The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support.

The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time.

If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you.

Jean Mahserjian has practiced family law for close to two decades and is the author of many books devoted to helping consumers understand family law. To download free excerpts from her family law books, visit: Child Support and Divorce Help

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Rhode Island Visitation Lawyer - Motions to Enforce Visitation

Do you have visitation enforcement issues that you need to bring before the Rhode Island Family Court?

You may have more difficulty than you anticipate. Although it is great to be optimistic and to think that all parents will be given the benefit of the doubt when it comes to visitation with their children. That is not necessarily so.

What most people do when they haven't hired a family law attorney to assist them is to file a poorly worded motion, show up alone to court, and then just try to blurt out to the court how the other parent is denying you visitation.

Here's the difficulty that arises. Not everyone tells the court the truth. Yes, surprising isn't it?! In fact, there are a good number of people who could care less about the truth if it isn't going to serve there purposes or if it is going to get them in trouble with the court. It is regrettable but a good many people lie on the witness stand and take their chances that their lie isn't discovered.

So what might the result be? The parent who has denied you visitation might lie to the judge on the witness stand, might deny that you were prevented from having visitation, might even fabricate a story that you have been rejecting visitation or doing drugs around the child. Don't believe me? You are more than welcome to pull some transcripts of cases from the stenographers and I'll be happy to provide the case names.

So what must you do to protect yourself when enforcing your visitation rights?

1. Stick to the Point - Don't let the other parent push your buttons or steer you into issues other than the one you came before the court to address.

2. Dress Respectfully - Dress respectfully for the court. Avoid jeans, shorts, t-shirts, etc... It is best to wear at least casual dress ware. Men should wear a tie if possible and remove any earrings, nose rings, tongue rings, etc. Remember, you want the court to believe you when you speak.

3. Speak Normally - Speak at a normal tone, volume and pace when addressing the court. If accusations are made, do not raise your voice. Remain calm and stick to the issue.

4. Evidence - Have video, audio, documentary or witness evidence to back up your claims that you were denied visitation with your child(ren). Do not trust to luck that the judge will find you more believable than the child's mother. With today's technology it is easy to have a friend or family member go with you and take a video camera to tape the denial of the release of the child for visitation. The camcorder could note the date and time and the address could be noted by taping the mailbox.

Another way to get evidence is to bring an audio recorder with you and tape the conversation between you and the other parent when the visitation is denied. Telephone call records can be helpful if they track local calls. They could show the time and date of calls you made to the other parent asking for visitation with the child.

The more evidence you have that can be verified that is consistent with the testimony you give the court, the more likely you are to obtain the relief you are seeking from the court. For the parent who is very serious about his or her visitation with their child, you will be creative and innovative in the information you can obtain.

If you are able to have a witness present on one or more occasions when you were supposed to receive visitation and the witness can be present to testify then ask your witness to dress appropriately, etc... just as you have learned in this article and your credibility score with the court will double.

Visit Rhode Island Divorce Blog Articles by Attorney Christopher Pearsall

For More Comprehensive Information Visit LawyersRI.com

Contact Attorney Christopher Pearsall at (401) 354-2369 for affordable legal advice.

This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances. The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.

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Truck Accident Lawyers | Serious Injury | Iowa, IA

Call 1-800-773-6770 to speak to a real truck accident lawyer. Also visit us at: www.truckaccidentlaw.org Truck accident attorneys Gordon & Elias LLP understand how painful a serious injury or wrongful death can impact a family. Truck accidents involving serious injury are terrible occurrences in the lives of the families involved. In Iowa, wrongful death along truck routes and interstates and burn injuries suffered from an accident are a terrible thing for a family to go through. The Texas based attorneys at Gordon & Elias LLP can serve clients throughout Iowa, including Ames, Ankeny, Bettendorf, Boone, Burlington, Cedar Falls, Cedar Rapids, Clinton, Coralville, Council Bluffs, Davenport, Des Moines, Dubuque, Fort Dodge, Iowa City, Marion, Marshalltown, Mason City, Muscatine, Ottumwa, Sioux City and Waterloo.



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USA Immigration Lawyer Services

The services offered by immigration lawyers in the USA are of great assistance when a person makes a decision to immigrate to the USA. Experienced immigration lawyers can determine the most suitable visa category for you. They offer you an interactive, innovative, and easy-to-use questionnaire that asks for all the basic facts and information required to start your visa process.

Immigration lawyer services in the USA are available for:

o Family-based visas
o Work visas and marriage visas
o Green cards
o Executive transfers
o Fiancée visas
o Citizenship and administrative appeals
o I-751 petitions to remove conditional residence
o Mergers & acquisitions
o Adjustment of status
o Employer regulatory compliance

In addition to the above, the lawyers assist with investor visas, litigation and appeals, consular processing, permanent residence, student visas, and global visas. They also handle naturalization procedures of foreign nationals who wish to become US citizens, and legal issues associated with refugees. They advise clients on employment verification, government audits and investigations. Additionally, they obtain green cards for clients and advise them on strategic ways to obtain them fast.

USA immigration lawyer services eliminate the burden and hassle of immigration paperwork. These lawyers assist companies and individuals with the complete visa application process that includes professional determination of the most suitable visa category and the accurate preparation of visa application. They carefully evaluate your circumstances, then select and prepare a visa application suitable for your requirements. After completing a thorough evaluation of your visa application, they accumulate it with all the required documentation and submit the application to appropriate government agencies for approval. Before you are called for an interview with the immigration officer, the lawyers offer you expert advice on how to handle consular interviews.

Immigration lawyers help a number of clients ranging from multinational executives to treaty investors, software professionals, researchers and scientists, as well as artists, athletes, entertainers and fashion models. For those who are seeking employment, they give employment guidance.

With the support of the latest online visa processing technologies, immigration lawyers and law firms in the USA offer fast, secure and economical immigration services.

Reva Cruz is an immigrant lawyer. John Roth & Associates have successfully completed over 8000 K visa and marriage visa petitions. What's more, our total number of K-1 visa, K-2, I-130 K-3, K-4 and other fiancee and marriage related visas (Adjustment of Status petitions, travel documents, work authorizations, tourist visas for current and former K-1 clients) exceeds 12,000.

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New Law Makes Divorce Easier in Ontario

I recently met a friend of mine who is a family lawyer for one of our monthly tea-cake-and-chat sessions. With Christmas approaching, she told me she was very busy with multiple divorce and child custody cases, which she claims to be the most emotionally draining ones. Parents shouting insults at each other in the courtroom, often in front of their children and a hundred strangers are a common sight in a courtroom. However, on March 1, 2010 this is supposed to end.

Last Thursday Ontario attorney general introduces new changes in family law that aim at keeping divorcing couples out of courts. $150 million are going to be allocated to providing more legal advice at the earliest stage of divorce. Divorcing couples will have to attend mandatory information session, during which they will be informed about other options they have of divorcing without going to court. They will be urged to use mediation, arbitration and collaborative law in order to settle issues such as division of common property and child custody. This will save time, money and will save the children ugly scenes.

It is obvious that this is a very positive step forward. Divorce is always difficult, emotionally and financially. Divorcing parents and their children have to break up their routines, their family ties, friendships, and social ties, everything that gives them a sense of security. A litigation process is the worst method of solving private family issues. This is a case where mediation can help. Trained mediators can help the parents resolve assets issues and agree who will have child custody and under what conditions. Arbitration can also help as the process is less formal and confidential, this way the topics discussed are not heard by the general public.

Collaborative law is the last option before going to court. If the two parties are not willing or able to communicate civilly, then their lawyers will try to settle the case outside of the court. People must understand that going to court is the last resort if nothing else works.

So, my lawyer friend advised me, next time you hear somebody is filing for a divorce, do me a favour and advice them to try mediation first. The general public does not realize that life is no soap opera. Divorce hearings are really a trial for all parties and very detrimental for the kids. So, if you have to get a divorce in Ontario, do it the civilized way.

http://www.legalcanadacommunity.com

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Fat, Ugly, Abusive, Boring McNoFun Mother Ruins the Party!

There's always that one person who is so boring and so serious, taking the fun out of every little thing they touch at parties. Judge Judy deals with that torturing troll from hell type of person in this summer-filled case!



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The Steps For Choosing a Good Labor Lawyer

If you've been victimized in the work place, you may very well feel alone and helpless. When times are tough as they are now, you may feel grateful to have any job at all and hesitate to make waves and risk losing your position. Work place crimes are some of the most intimidating events imaginable, especially if you are being victimized by one of your superiors. However, you should know that there are great labor lawyers out there who can help you to correct a situation, handle disputes, or receive compensation if you've been discriminated against. Here's how to choose the right labor lawyer for you.

Where to Look

The internet is always a great place to start. There is always more information contained on a website than you could ever hope to find in a Yellow Pages advertisement. Enter the words "labor lawyer" along with your state or city in a search engine and see what comes up. Visit each law firm's web site and see what they have to offer.

What to Look For

If you have a leaky pipe in your home, it doesn't make sense to call in a carpenter to fix it. Just as all contractors are not alike, not all lawyers are alike. When it comes to resolving problems in the workplace, you don't want to use a family law attorney or a lawyer who "specializes" in a variety of different kinds of law: you want a labor attorney.

The focus of an excellent attorney's practice will be labor and labor alone. Within this category, the firm should be experienced in:

-- Age Discrimination
-- Gender Discrimination
-- Race Discrimination
-- Disability Discrimination
-- Religious Discrimination
-- Retaliation
-- Whistleblower
-- Family Medical Leave Act
-- And a host of other work-related areas including wrongful discharge and breach of contract.

What to Do Next

Once you have a list of the best lawyers in town, it's time to do some additional research. You may consider asking friends, coworkers, and family members if they have had any experience with any of the lawyers on your list. A good reference from a trusted person is a great place to start. You will also want to check all of the lawyers' status with the Bar Association in your state.

The Final Step

Once you have narrowed your list further, set up consultations with each attorney and get a feel for him and his office. Are they solicitous of your needs? Do they return your phone calls promptly? Do you like the lawyer's personality and feel he is someone you can trust? It is essential that you feel comfortable with the labor lawyer of your choice.

If you think you've been in victimized in the workplace, know that you are never alone: choose your labor lawyer carefully and he will do everything possible to see that justice is carried out in your behalf.

Rosenberg Law (http://www.rosenberglaw.com/) is a texas labor lawyer. Art Gib is a freelance writer.

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