What is an adoption agency?
Adoption Agency Adoption Law
What is an adoption agency?
Each state has an agency which either is part of the state’s government, or operates under the state’s supervision, to arrange adoptions. The agency may work with both the natural parents and the adoptive parents throughout the adoption process, and may even assist with the court proceedings for the formal adoption.
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When is a natural parent ‘unfit’, so as to allow adoption without his/her consent?
Unfit Paprent Consent Adoption Law
When is a natural parent ‘unfit’, so as to allow adoption without his/her consent?
State law determines when a natural parent is “unfit” enough to allow termination of his/her parental rights and responsibilities without his/her consent to an adoption. Once the standard set by state law (and this varies) for being found to be “unfit” is reached, a court can finalize an adoption even though the natural parent does not consent to the adoption.
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What is child support?
What is child support?
Child support is a payment by one parent (often the “non-custodial parent”) to the other parent for the support of their common child. (See Child Support and Visitation.) It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.
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Are there different types of bankruptcy?
different bankruptcy bankruptcy-law
Are there different types of bankruptcy?
Yes, and they are known by the title of the Chapter of the Federal Bankruptcy Act in which they appear. Each “Chapter” contains a different set of laws and rules.
While there are several different types of bankruptcy procedures, each known by the title of the chapters of the Bankruptcy Code where they appear, the two most commonly used by individual consumers are:
(1) Chapter 7 bankruptcy is the most frequently used by individuals. Under this arrangement, a court-appointed trustee collects your assets, sells them for cash, and makes distributions to creditors. You can keep assets that are exempt either under Federal law or the law of your home state. You cannot repeat this filing for six years.
(2) Chapter 13 bankruptcy is designed for an individual debtor who has a regular income and stable job. Under this procedure, you pay debts off over a three-to-five year period and keep your property. At a confirmation hearing, the court either approves or disapproves the plan. A Chapter 13 can be filed at any time.
Individuals may also use Chapter 11 reogranizations, but this form is generally targeted to businesses. Farmers can use Chapter 12 (see following question).
(Reviewed 11.5.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer
Must the child be a minor to be adopted?
Minor Child Adopt Adoption Law
Must the child be a minor to be adopted?
No. A person may adopt an adult as his/her child, if permitted under the state’s law. There may be special advantages to adopting an adult as a child, such as avoiding generation-skipping transfer tax when a person wants to provide the bulk of his/her estate upon death to a friend who is many years younger. Another example may occur as a result of a state rule, such as the rule in California, that real property acquired by a child is not reassessed for tax purposes after the death of a parent (but the transfer would trigger property tax reassessment if the recipient were not the child of the decedent). Other factors, such as long-term emotional bonds, may cause one adult to adopt another adult as his/her child.
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Categories: Family Law FAQ Tags: estate
Obligor and obligee – which one is which?
Obligor and obligee – which one is which?
The obligor is the parent that is required to pay the child support to the other parent.
The obligee (obliged) is the parent who receives the payment from the other parent.
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Can homosexuals adopt?
Homosexual Adoption Adoption Law
Can homosexuals adopt?
This is a bit dicey. Some jurisdictions (e.g., New York and California) allow gay and lesbian couples to adopt, others do not, and in many states, “it depends” on the judge, the lawyer, and the individual involved.
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When can a child support order be changed or modified?
When can a child support order be changed or modified?
An order for child support can be changed or modified any time there is a “material change in circumstances” from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent’s financial situation – such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child – such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.
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Can a single, straight person adopt?
Single Aodoption Adoption Law
Can a single, straight person adopt?
Yes. The traditional placement of children with a married couple has been breaking down as unmarried adults have been favorably stepping into the adoption process.
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Can a parent limit the amount of future child support that is to be paid to the other (custodial) parent?
Can a parent limit the amount of future child support that is to be paid to the other (custodial) parent?
Maybe. Child support is awarded in the best interests of the child. In order to limit the amount of future child support payments, the interests of the child must be adequately considered. In theory, a disinterested Guardian Ad Litem for the child would have to be appointed and represent to the court that the best interest of the child would be to limit such future support payments. This would expose the Guardian Ad Litem to the possibility of a future claim by a former child (having reached the age of majority, s/he is considered to be competent to bring a legal action on his/her own) that the limitation of child support was not in his/her best interest. Thus, these limitations are rare.
Some states, however, will consider an argument that if there is a high level of income/wealth by one or both parents, a limit to the amount of support is proper. For example, suppose that the non-custodial parent has $1,000,000 in annual earned income which results in a guideline support amount of $300,000 to the custodial parent. In some states, the non-custodial parent may be able to argue that such a high level of support is not in the best interest of the child, and that a lower guideline support amount should be set.
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Categories: Family Law FAQ Tags: legal