Mediation
As a Boise Divorce Attorney I regularly see my clients and clients of other attorneys sent to mediation. This sometimes has the effect of creating anger amongst divorce clients. They might ask, "Why do I have to go to mediation?" This is a good question. The idea behind mediation is that the couples who are in the process of divorce will work out the details of the split. If they work out the details themselves, they tend to be happier with the results because they have had ownership of the outcome.
As a divorce lawyer, some of my clients say and ask, "We obviously couldn't work things out while we were married, so what makes a judge think that we can work it out now?" This too is a good point. There is a balancing act that goes on between the judge, the attorneys and the clients. The courts in Boise are very back logged. Mediation, is an attempt to relieve that burden on the court, leaving the calendar open for those cases and those issues that cannot be resolved through mediation. In addition, it is an attempt to conserve resources. It preserves open dates in the court, it saves money on your lawyer fees and it preserves community assets that may have to be liquidated to pay for an intense court battle
What is the Topic of Mediation? Child Custody, Property and Any Family Law Issue That Can Possibly Be Resolved Through Mediation.
Mediation can involve many different issues. It can be confined to child custody or it can include custody as well as debt issues. Again, the purpose is to resolve as much of the issues particular to divorce before it goes to trial. Sometimes in a divorce the only issue the couple is fighting over is the community property or the community debt. Other times, particularly high conflict divorce, most of the issues are subject to dispute.
Your divorce attorney will help you choose a mediator who will work well with you to resolve the issues of the case. There is a list of court approved mediators. These are individuals trained in mediation.
If you have a divorce or mediation issue and you need to speak with a Boise Divorce Attorney, please give us a call and see what we can do for you, (208) 472-2383.
Showing posts with label lawyer. Show all posts
Showing posts with label lawyer. Show all posts
Tuesday, May 8, 2012
Monday, February 13, 2012
Modification in Idaho
Modification - What is it and What Does it Mean?
Modification refers to changing an existing court order. It most often refers to changing the custody or the child support order. There are certain requirements necessary to qualify for a modification. For example, if you wanted to modify the existing custody arrangement, you would have to show that there has been a permanent and substantial material change in circumstances. This allows continued consistency for the children and prevents changing the order simply because one party is unhappy with the arrangement.
A child support order can be modified when there is a change in income. This change would be expected to occur when one party gets a new job or is promoted. The original rules, however, still apply and that is you cannot be voluntarily unemployed or under-employed.
When you modify an existing order you can do it in different ways. You can do it by agreement. Both parties attorneys will present the court with a stipulation and the judge will sign a new order. If the other party does not agree with you and wants to fight the modification you will go through a hearing process. Your attorney will present evidence as will the lawyer on the other side. The judge will weigh the evidence and make a decision based upon this. For child support, your attorney will run the income amounts through the child support guidelines and come to a new support amount.
Can a divorce be modified? A divorce will not be modified, rather certain situations under a divorce will be, such as custody or child support.
What if a party to the divorce is not complying with the terms of the divorce? This would fall under the matter of contempt. When you are ordered by the court to do something and you don't you can be held in contempt of court. Your divorce attorney will file a motion for contempt and you will go to court to show what the other party was supposed to do and how they did not do it. The other party, by themselves, or through their divorce lawyer, can try and show why there actions were not contempt.
Modification refers to changing an existing court order. It most often refers to changing the custody or the child support order. There are certain requirements necessary to qualify for a modification. For example, if you wanted to modify the existing custody arrangement, you would have to show that there has been a permanent and substantial material change in circumstances. This allows continued consistency for the children and prevents changing the order simply because one party is unhappy with the arrangement.
A child support order can be modified when there is a change in income. This change would be expected to occur when one party gets a new job or is promoted. The original rules, however, still apply and that is you cannot be voluntarily unemployed or under-employed.
When you modify an existing order you can do it in different ways. You can do it by agreement. Both parties attorneys will present the court with a stipulation and the judge will sign a new order. If the other party does not agree with you and wants to fight the modification you will go through a hearing process. Your attorney will present evidence as will the lawyer on the other side. The judge will weigh the evidence and make a decision based upon this. For child support, your attorney will run the income amounts through the child support guidelines and come to a new support amount.
Can a divorce be modified? A divorce will not be modified, rather certain situations under a divorce will be, such as custody or child support.
What if a party to the divorce is not complying with the terms of the divorce? This would fall under the matter of contempt. When you are ordered by the court to do something and you don't you can be held in contempt of court. Your divorce attorney will file a motion for contempt and you will go to court to show what the other party was supposed to do and how they did not do it. The other party, by themselves, or through their divorce lawyer, can try and show why there actions were not contempt.
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