What You Should Know About Your Family Law Claim
Do you feel you need legal assistance in family law? Learn what you should know about your family law claim here, then call our lawyers today.
Prenuptial Agreement Riders
A common question from clients who are planning on being wed regards whether child support and maintenance obligations can be included in a prenuptial agreement. These clients are hardly anticipating getting divorced; they are merely aware of the possibility that it could one day occur. Maintenance and child support are complicated solely because the court looks at the parties’ financial circumstances and their income at the time they get divorced.
While a prenuptial agreement may be able to include terms regarding child support and maintenance, and that will be evidence of the parties’ intentions in the event that they do get divorced, it is only at the time of divorce when the court will review the parties’ income and financial circumstances to determine the child support and the maintenance. As the court deliberates, it will review the agreement in that respect.
There are different types of agreements into which people enter either in anticipation of a divorce or during the divorce itself. Property settlement agreements and prenuptial agreements are arrangements wherein parties are able to reach their own resolutions as to their financial circumstances, assets, liabilities, child support maintenance, and even the payment of distributive awards. A postnuptial agreement is similar to these types of arrangements, except that the parties enter into it after they are married and in anticipation of the possibility of a future divorce.
What If You Can’t Make It To Family Court?
I recently had a case in which the petitioner did not show up for a scheduled Family Court appearance. This was our second or third court appearance, and the judge dismissed the case. A question that I often receive in situations such as this is, “Do any temporary orders that were set remain in effect?” Unfortunately, any temporary orders that were rendered on the petition that is now dismissed die with the dismissal of the case. It is important to know that any final orders that were rendered from a prior petition do remain in effect, so make sure to abide by those terms.
Consequences for Missing Family Court
If you can’t make it to your court appearance, you should contact your attorney immediately. If you do not have an attorney, you should submit a written notice to the court. In almost every court across this state, they do not accept telephone calls or emails to say that you cannot appear in court, but written notices or requests for adjournment will be considered.
Contact our law office immediately if you can’t make it to family court. Our family law attorneys will work with you and help the matter.
Do you feel you need legal assistance in family law? Learn what you should know about your family law claim, then contact our Saratoga Divorce Mediation Lawyers to schedule your legal consultation and case evaluation to get started today.
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