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Kate Plus 8, Kate Gosselin's children expelled due to "rage issues"
It appears that divorce is taking its toll on the Gosselin children. Reports from CBS News and from TV Guide and from People have surfaced that two of Kate Gosselin's children have been expelled due to 'rage issues,' and Kate is now homeschooling them.
Divorce is hard on children. It is not unusual for children to begin "acting out" to get their parents' attention. Many children believe that divorce is somehow their fault. The children may be acting out to get their parents back together to deal with the situation. It is really important during this difficult time for parents to be polite, work together, and not to fight in front of the children. Otherwise, children begin to learn that the only way to get results is to raise your voice, yell, say mean things, or even resort to physical violence to get their way.
What they see, is what they do. Don't let your emotions get in the way of doing what is best for your child. Be sure that you utilize impulse control so that your children learn to think before they act.
Legal Separation: Clinton County & Clay County, IL
What is a legal separation? In many ways, it is just like a divorce - decisions are made how to split up the marital estate: real and personal property, children, income, etc. But, it is different in that typically, you cannot be removed from your spouse's insurance, real property is not typically sold, and it is not "permanent" in the same way that a divorce is permanent,. i.e., you are in fact, divorced, and the court separates all the marital property between you and your spouse. About.com has some great articles discussing the difference between divorce and separation. Click here to read more.
I have many people who call me asking about legal separations. Before the Great Recession, the belief among attorneys was, "if you're gonna split up, you might as well get divorced." In today's economy, however, many folks are utilizing legal separations taking advantage of the lower costs involved in a separation. Typically, there is an agreement between the parties when legal separations are involved. And, although I'm not a tax lawyer, I know there can be monetary advantages to a legal separation, as opposed to a divorce.
And, some people just don't believe in divorce. In those cases, legal separation may give you everything you want, when you can't live with your spouse, but, can't live with the thought of a divorce.
Call The Gosteli Law Firm to find out if a legal separation is right for you. 618-740-0430 xt 1
I have many people who call me asking about legal separations. Before the Great Recession, the belief among attorneys was, "if you're gonna split up, you might as well get divorced." In today's economy, however, many folks are utilizing legal separations taking advantage of the lower costs involved in a separation. Typically, there is an agreement between the parties when legal separations are involved. And, although I'm not a tax lawyer, I know there can be monetary advantages to a legal separation, as opposed to a divorce.
And, some people just don't believe in divorce. In those cases, legal separation may give you everything you want, when you can't live with your spouse, but, can't live with the thought of a divorce.
Call The Gosteli Law Firm to find out if a legal separation is right for you. 618-740-0430 xt 1
VAP - Voluntary Acknowledgment of Paternity: Richland County & Marion County, IL
Signing a voluntary acknowledgment of paternity is a big deal. Also called a VAP, signing one removes your chance to challenge the paternity of a child with a DNA test. It is a contract, and it can't just be cancelled like a subscription to Netflix. It is important to know this because if you find out later that your woman lied to you, and you're not the baby's father, you've got a tough fight ahead of you.
If you sign a VAP, understand that you only have two years to fight the VAP. And, the only way to overcome the VAP is to hire an attorney, and prove that the contract, the VAP, was signed under duress (a gun held to your head), coercion (she threatened to tell your wife, or your friends something embarassing, and won't do it only if you sign the paper), or fraud (she signed your name on the form, or you can prove she lied to you, without a DNA test).
The VAP has all this information on the bottom of the form. Be sure you understand what you're giving up, and the responsibility that you're taking on before putting your name on a piece of paper that will change your life forever. You have the right to have a DNA test done before signing the form. One can never be too careful.
If you sign a VAP, understand that you only have two years to fight the VAP. And, the only way to overcome the VAP is to hire an attorney, and prove that the contract, the VAP, was signed under duress (a gun held to your head), coercion (she threatened to tell your wife, or your friends something embarassing, and won't do it only if you sign the paper), or fraud (she signed your name on the form, or you can prove she lied to you, without a DNA test).
The VAP has all this information on the bottom of the form. Be sure you understand what you're giving up, and the responsibility that you're taking on before putting your name on a piece of paper that will change your life forever. You have the right to have a DNA test done before signing the form. One can never be too careful.
I Want Joint Custody: Clay, Clinton & Marion County, Illinois
Lots of parents get worked up about custody labels. And that concern is completely understandable because it's your child. In fact, clients often start out saying, "I'm not agreeing to anything but sole custody." Most people believe that joint custody means that the parties have equal time with the children, and no one has to pay child support. But that simply isn't true. Custody labels are just that - labels. It is important to have the proper wording to identify and enforce your parental and visitation rights in your custody agreement.
Make no mistake: it is really difficult to understand that a court "awards" custody of YOUR child, the one you helped raise, and love, and protect with all your heart and soul, to either you, the other parent, or to you both, jointly. That concept is tough for anyone to swallow.
But, the truth is this: there are three levels of custody, and they can be mixed and matched.
Sole custody means that one parent has complete control over the children's education, medical treatment, and religion.
Joint custody means that both parents have the decision making power over the children's education, medical treatment, and religion.
Shared custody (rarely awarded) is when two parents live very near to each other, and the child lives equally at both residences. This means that each parent has a complete room, and all the amenities for the child, and that neither party receives child support.
As I said, this is RARELY awarded for two reasons: 1) the parents must be wealthy to afford the same amenities; and 2) the child will constantly be moving, and will never have one place to call home. That sounds great until you have a teenager who constantly "forgets" and leaves school books at the other parents' home, and realizes this, only at 10:00 p.m., when the other parent is likely already in bed. (And, yes, that really happens.)
Keep in mind that the courts can only award what is labeled "joint custody" or "shared custody" if the parents get along and communicate extremely well. If the two of you have filed motions, or testified that you do not get along, and cannot communicate easily, the court is prohibited from labeling your custody agreement "joint custody."
I have a number of clients who want "joint custody" but cannot talk with their ex without a fight. In that instance, there is no joint parenting agreement, but the terms of the "joint parenting" agreement are written into the Marital Settlement Agreement without using that label. In those cases, one parent is labeled the "primary custodial parent," or "residential custodial parent," while the other parent is labeled the "non-custodial parent."
In these instances, the Marital Settlement Agreement will simply state that one parent is the residential custodian or primary custodian, and identify the other parent as the non-custodial parent. This type of agreement contains all the details to address how the parties will share decisions about the child(ren)'s medical care, religious upbringing, and educational needs.
So, remember: it is just a label. So make sure that your Marital Settlement Agreement identifies and protects your legal rights as a parent. The Agreement must include all the details regarding custody and visitation specific to your case. This is very important to help reduce miscommunication (read: arguments) and confusion (read: police called because of fights over who gets the kid) while raising your child(ren) in two separate households.
Lowering Child Support in Marion County & Clinton County, IL
In today's economy, every dollar counts. This is true whether you're paying child support or receiving it. If you lose your job, or have to take a paycut, be certain that you file a Motion to Modify Child Support. This is VERY important if you're paying child support. Otherwise, if you lose your job, and stop making payments, you can be held in contempt for such a failure, and be ordered to pay your ex's attorney's fees.
Draft up a Motion to Modify Child Support, and state the reason why you need the amount lowered - lost job, took a paycut, or are paid by commissions, and the economy has destroyed your income. You need to provide documents, such as a lay-off notice, or show paychecks to show loss of income. If you've applied for unemployment, be prepared to pay out of that unemployment. Or if you're denied unemployment, be sure to provide that letter to the court, too.
But, here's the problem: if you voluntarily left your job to get out of paying child support, that won't get you off the hook. See, the law in Illinois says that you can be required to pay the amount you are ABLE to make. It takes a little effort, but if your former boss testifies that you just quit, or made comments that you want to get fired so your old lady doesn't get any of your money...... Well, let's just say that kind of speech doesn't typically impress judges.
But, definitely be better safe than sorry. If your income decreases, go to the court before the court comes to you.
Draft up a Motion to Modify Child Support, and state the reason why you need the amount lowered - lost job, took a paycut, or are paid by commissions, and the economy has destroyed your income. You need to provide documents, such as a lay-off notice, or show paychecks to show loss of income. If you've applied for unemployment, be prepared to pay out of that unemployment. Or if you're denied unemployment, be sure to provide that letter to the court, too.
But, here's the problem: if you voluntarily left your job to get out of paying child support, that won't get you off the hook. See, the law in Illinois says that you can be required to pay the amount you are ABLE to make. It takes a little effort, but if your former boss testifies that you just quit, or made comments that you want to get fired so your old lady doesn't get any of your money...... Well, let's just say that kind of speech doesn't typically impress judges.
But, definitely be better safe than sorry. If your income decreases, go to the court before the court comes to you.
It's All About Perspective - Bad Week for Clarence Thomas
I have said it before - as a divorce attorney, I can just "sense" when things aren't right between two people. Maybe it's because I've grown cynical in my job. Maybe I'm just one of those "wacky" people who just "senses" things. (Yeah, it's all right - I've been called weird plenty of times before.) But, it's all about your perspective...
First, his wife calls Anita Hill. Then, his "ex-girlfriend" decides to come from behind the curtains, and tell the world about their five-year affair, as well as his affinity for big-breasted women and pornography. Now, the media reports that his nephew has tried to commit suicide, and had to be restrained and tasered during his hospital admission.
Click here to read others' thoughts on why Ginny Thomas called Anita Hill. Note divorce/marital problems are listed as No. 2. (Yeah, weird people can be right too!)
This is why I tell clients that it's all about perspective. Always remember that when things go bad, it can always get worse. Just be thankful you're not a U.S. Supreme Court Justice in the middle of a family melt-down, and the media's current
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