Category: Law

Where no benefit accrued to the custodial parent by the noncustodial parent’s action of reducing the received child support, and it could not be concluded that the payor’s actions were the result of apparent or implied authority or that there was a principal and agent relationship between the parties, consequently, the legal concept of ratification was misapplied.

This section guarantees the dependent minor child of divorced parents from loss of support through disinheritance; while a divorced parent is free to disinherit a child of his divorced marriage, he may do so only subject to the limited obligation of support. The paramount concern in child support litigation is the support of the minor children. In a modification proceeding, the fact that at least a part of a trial court’s reasoning consisted of the assumption that the parties knew what they were getting into was not a valid basis for affirming a divorce agreement which provided for no child support.

Accounting

Since it was within the trial court’s discretion, due to fluctuations in husband’s income, to order respondent husband to submit a quarterly accounting of his net income to petitioner wife, the child support order was modified to require an annual accounting.

Arrearages

Where the testimony of the plaintiff and defendant was directly in conflict with respect to the extent with which defendant had met his child support obligation to spend an additional $15 per month per child, the trial court had the responsibility of resolving this conflict and to determine the credibility of witnesses; the finding of the trial court under such conditions should be approved unless it is found to be contrary to the manifest weight of the evidence. Past-due installments of child support are a vested right, and the court has no authority to modify them, either as to amount or time of payment.

Burden of Proof

A trial court may, on application, terminate or make such alterations in the allowance of child support, as shall appear reasonable and proper and the burden of proof is on the person seeking modification to show such material change in circumstances as would warrant modification.

Calculation

Per diem payments made to the husband, an over-the-road truck driver, constituted income for the purpose of calculating child support but could be deducted from income to the extent the husband proved he used those payments for actual travel expenses, but the husband had the burden of proving his actual expenses and of establishing a lawful basis for deducting them. Because the language “$30.00 child support” was susceptible of being understood as ordering respondent to make either a lump sum payment in the amount of $30 or periodic payments in $30 increments, and the record did not justify an interpretation of $30 per week child support, the award calculated on the basis of that interpretation was improper.

No great idea in its beginning can ever be within the law. How can it be within the law? The law is stationary. The law is fixed. The law is a chariot wheel which binds us all regardless of conditions or place or time. ” Emma Goldman in her book Anarchism and other essays define law as statutory but stationary.

No doubt, the study of law is amongst the most tedious yet coveted courses in India asserted by the fact; we have the world”s largest constitution. The national law school is the first preference of the students who wish to study law in India. We have seen great lawyers in the country and witnessed a long list of lawyers turning into politicos. Youngsters from across the country look forward to get best practical knowledge while he/she study law in India, because court room is entirely different from the books that one needs to mug up before being called a proficient and efficient lawyer. In India, to attract employers’ attention, national law schools are throwing out decades of tradition by replacing textbook courses with classes that teach more practical skills.

What makes the study of law in India a renowned and prosperous avenue for students? Answer might be many but a few personalities in Indian judiciary never fail to impress and fascinate students to learn and follow the prodigy of these great lawyers of our country. The first that comes in the countdown of great lawyers is Mr. Nariman, better known as the wise man of the Bar. His stature allows him to be blunt in court. He lets his displeasure be known when a judge fails to understand a point “” “No, no, that’s not what I mean.”Nariman, 81, has aged yet bold and skeptical about everything he doesn”t sympathizes to. His voice has turned metallic over the years, but it still booms in the biggest courtroom of all “” the chief justice of India”s, with its 40-feet high ceiling.

Another personality that makes it look really is Sorabjee. He loves to be referred to as the former Attorney General, for it brought him great glory. As AG, he successfully defended India against Pakistan in the Atlantique downing case in an international court. The study of law in India is not easy but these gentlemen”s make a daunting note of that and make the youngsters believe if you can go through the avid books and all the court room sessions a blissful life awaits you.

These individuals in some part of their lives have been a part of best law institutes in the India i.e national law school. This makes it evident that study law in India and that too in these institutes might not be easy but it”s the quality education in these institutes that transforms an individual into a successful legal instructor or lawyer.

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Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a persons behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which cant be answered by the common man that Experts can answer. The top five queries related to alienation of affection are listed below that have been answered by the Experts:

In which states is alienation of affection law recognized?

Each of the United States has their own rules and regulations for this law. However, there are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws.

Is it possible for someone to file a case under alienation of affection law in Maryland?

The state of Maryland has abolished the law, but allows petitions for divorces. Many states have different standards and not every state recognizes this law in general. Experts can answer state specific law questions.

Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?

Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendants lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse.

Can someone from a state which doesnt recognize alienation of affection laws file a case in a different state that recognizes the laws

A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued.

Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?

It is possible for someone to be sued for even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized.

Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws www.justanswer.com/family-law.

A lot of people are aspiring to be successful in life and they want to do it fast. One of the things that people turn their heads to is the amazing promise of the Law of Attraction. Yes, the Law of Attraction can give you anything and everything you want but it must not be regarded as the fastest route to success.

Learning the principles of the Law of Attraction requires work, dedication, focus, and time. These principles must be practiced rigorously to ensure that you are getting what you want with the help of the Law of Attraction.

What Kind of Work is Required?

When you use the Law of Attraction, you wont have to work that hard, but you will have to exert some effort. I know a lot of people have the idea that to be successful or to be wealthy, you must work really hard.

Well, that may be right. Many people have become successful because they worked really hard for it. But when you consciously use the Law of Attraction there is only one thing you have to do, and it doesnt require too much effort or hard work; and that is to think.

According to Mahatma Gandhi, “A man is but the product of his thoughts, what he thinks, he becomes.” The moment you think of what you want, you are already attracting it to you. You might say, “Ive always thought of what I want but I never get it.”

You see, there is a big difference between wanting and having. If you keep on thinking about wanting this or wanting that, you are just going to attract more wanting into your life because wanting is what you thought of most of the time.

You have or become what you think about most of the time. When you think of what you want as already a part of your reality, that is when magic happens. This kind of expectation is the best way to attract what you want into your life.

The Law of Attraction Requires Action

If you are successful at attracting success into your life, the universe will present people, events and situations to give that big break to you. You must be aware of it whenever this happens. I remember the story of the reverend who drowned in the flood.

A lot of people who were trying to rescue him came to his aid. They were in rafts, in boats, even in a helicopter. But to all of them his answer was “God will save me.” In the end he drowned. So when he was already at heaven, he asked why was he not saved. The answer he got was “Idiot, we sent you rafts, boats, and a helicopter!”

Have a great sense of awareness of the things that are happening around you. Who knows, that invitation to an event, or that good deed that is waiting for you to take action, might be the boat that the universe sent to save you.

The Law of Attraction is not necessarily the shortcut to success for it requires your burning desire, your self-belief, and your thoughts (which is the most important by the way) for it to give you anything and everything you want in life.