Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Virginia is a No-Fault (Uncontested) Divorce state. That means, regardless of whether you live in a place like Richmond, Petersburg, Virginia Beach or any other city within the Virginia, you can readily and quickly obtain a divorce without a lot of legal complications, that is, if you and your spouse can agree to terms in a friendly manner, and if the husband and wife have lived separate and apart without any cohabitation and without interruption for one year, or the parties have entered into a separation agreement, there are no minor children either born or adopted by either of the parties, and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. It is important to note that a history of domestic violence in a relationship may very well hinder any attempt at a friendly divorce and may even exacerbate the problem, so, if the history exists, it is not recommended by this author you try a No-Fault Divorce without legal counsel.

Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, the time may be right for you and your spouse to seriously look at a No-Fault Divorce. If both parties are mature and reasonable, there is no reason for anything unfriendly to occur, but what both will have to do to accomplish a goal of a friendly divorce is first to forget the reason you are getting a divorce. In this case, the reason for getting the divorce is what one or both of you might think is what caused the divorce. If the differences are irreconcilable, the reasons only become stumbling blocks to a friendly solution. Therefore, it is impervious that both parties are willing to move on with their lives looking forward to a new life, and they need to stay away from unproductive accusations about why the marriage failed and whose fault it was. If you can both get by this fact, you stand a reasonable chance of successfully obtaining a friendly divorce.

When both of you resolve to avoid accusations, then, it is time to meet in order to discuss the details of the marriage dissolution. There are basically three subjects you will need to discuss in detail in order to dissolve the marriage in a friendly manner, so, staying on subject is very important. The three subjects you need to discuss include your community finances, assets and children. Since each of these are complicated subjects within their own rights, it would probably be wise to resolve the issues associated with each subject one at at time. If you can come to a friendly agreement on these three subjects, the rest of a No-Fault and friendly divorce includes placing the information you have gathered together on state documents, signing the documents, and filing them with your local Court of Jurisdiction. Once filed, Virginia does not have a waiting period before the divorce takes place, once the Divorce Decree has been ordered by the Court.

A No-Fault or friendly divorce is not for everyone. Sometimes, two people can not get by their shock, hurt, or anger, and sometimes they just can’t agree on the dissolution of their finances, assets, or the custody of their children. When this happens, it may be time for you to consider getting a professional counselor to help untangle the legal complications you may face. Contact us at www.divorceattorneyhome.com, and we will help you find a divorce attorney who can answer any legal questions you may have in your situation.

There are so many different levels of law across our land, is it any wonder the laws vary so much from city to city, county to county, and state to state? If you are facing a divorce and/or a child custody battle for your children, this article is designed to provide the most common legal terms applying to your situation to help you make better informed legal decisions. Along with their definitions, this list of terms is not exhaustive, but common for Philadelphia, Pennsylvania:

• Affidavit- sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer.

• Alimony- also called maintenance or support, the financial support ordered by the Court for the support or living maintenance of a spouse.

• Contested Divorce- any issue on which the petitioner and respondent cannot agree, which must then be decided by the court (either before a judge or jury).

• Custodial Parent- the parent who has physical custody of the child.

• Default judgment- all parties have been served but one or both do not appear at the court hearing, so the Court can render a default decision.

• Discovery- pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.

• Docket- the court’s calendar schedule.

• Hearing- a court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.

• Fault Divorce- used in Contested Divorce cases where a legal ground for divorce must be declared.

• Grounds- the legal basis for action or complaint for divorce.

• Joint Legal Custody- situation in which both parents continue to make joint decisions for their child’s education, medical care, religious training, and other day to day matters.

• Joint Physical Custody- situation wherein the child spends time sleeping in both parents’ homes.

• No-Fault Divorce- a divorce in which neither party has been accused of or found guilty of any misconduct, and commonly called an Uncontested or Non-Contested Divorce.

• Non-Custodial Parent- the parent with whom the child is not physically living.

• Pass for service- when one or both parents have not been served, a postponement of the hearing is usually requested.

• Petitioner- the spouse who files for divorce.

• Respondent- the spouse whom the Petitioner is seeking to divorce.

• Service- the act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.

• Summons- written notice to appear in court either as a defendant or a witness.

• Visitation- the legal right of a Non-Custodial parent to see his or her child.

If these terms are confusing and seem too complicated, then it is highly likely you will need a professional who is an expert in legal jargon and the inner workings of your local court systems. Contact us right now at www.divorceattorneyhome.com, and we will help you find a divorce lawyer in your area who understands all the different levels of law for not only divorce but for child custody too.

(Note: Please feel free to print out this page in order to have the terms readily available when you need them. Understanding these common terms will help you even when you visit for the first time with your lawyer.)

When it comes to a divorce, child custody is one of the most difficult problems that Virginia faces today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state. When it comes to raising and taking care of children, a desired state should mean taking on all responsibilities that go along with attaining the goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal. Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse should be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes irretrievably broken, as a spouse, what does your mature responsibility then become to your children? In places like Richmond, Petersburg, and other cities around Virginia, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, either a Circuit Court, Juvenile and Domestic Relations Court, or a Family Court, whichever has jurisdiction, may decide what is ultimately best for the children. If either or both of you are capable parents, one of you may be chosen as the primary physical care taker of the children, called the custodial caretaker. The one of you not chosen as the custodial caretaker will then be referred to as the non-custodial caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising your children to a healthy adulthood. Because the primary custodial caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the non-custodial caretaker’s. Therefore, it stands to reason, if you are the non-custodial caretaker, you may be ordered to contribute toward your child’s resources through what the courts call child support.

In Virginia, child support is usually based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2′s and child support worksheets are available at the courthouse. These figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the non-custodial caretaker can contribute to the resources of the children, and the amount of resource needs of the children. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amiably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation. Do the mature thing and contact us right now at www.divorceattorneyhome.com, and we will put you in touch with a divorce lawyer in your area that can help you on legal matters concerning child custody and support.

The income shares model was developed by the Institute for Court Management of the National Center for State Courts under the Child Support Guidelines Project of the Office of Child Support Enforcement of the United States Department of Health and Human Services. Many of our states use this model to determine child support in child custody cases.

The Income Shares model is based on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. In an intact household, the income of both parents is generally pooled and spent for the benefit of all household members, including any children Thus, the income shares model calculates support as the share of each parent’s income estimated to have been allocated to the child if the parents and child were living in an intact household. This principle is consistent with the Uniform Marriage and Divorce Act, enacted in many states.

Using the Income Shares model, computation of child support is basically a four-step process:

1. The income of the parents is determined and added together.
2. A “basic child support obligation” is computed based on the combined income of the parents, using a table or grid in the guidelines. The amounts in the table are derived from economic data of household expenditures on children.
3. A “presumptive child support obligation” is then computed by adding expenditures for work related child care expenses and extraordinary medical expenses to the basic child support obligation. Other obligations may be added or deducted from the calculations.
4. The presumptive child support obligation is prorated between each parent based on his or her proportionate share of total income. The non-custodian’s obligation is payable as child support, while the custodian’s obligation is retained and presumed to be spent directly on the child.

There are both strengths and weaknesses in the Income Shares Model. First of all, the main distinguishing feature of the income shares model is that it embodies the underlying economic assumption that as income increases, the proportion of income spent on child support decreases.

Secondly, Critics have charged that the income shares model is based on faulty underlying economic research. One study has suggested that the underlying economic data failed to reflect true child related expenditures in upper income families including such non-consumer expenditures as principal on home, savings, and trusts for the benefit of children. Thus, the income shares model does not accomplish the goal of ensuring that parents, after they break up, continue to spend on their children the same percentage of income that they would have spent if they were together.

Thirdly, Another distinguishing feature of the income shares model is that it illustrates graphically that both parents are sharing in the support of the child. Where the perception of fairness is as important as fairness itself, this feature is its greatest asset.

A final distinguishing feature of the income shares model is that it can more easily than the flat percentage model take into consideration adjustments for shared and split custody, health care needs, child care expenses, serial family development, and children’s ages by the manipulation of income, additions and deductions and by then allocating these costs between the parents.

Because these factors can be built into the income shares formula, there is less reason for deviation from the guideline’s presumptive award. Limiting deviation meets the ideal of perceived fairness, as well as the federal requirement that the number of cases in which deviation is granted be limited. Limited deviation also meets the goals of consistency and predictability. Given that the ultimate goal of child support guidelines is increased compliance through perceived fairness, the income shares model meets this goal.

The Income Shares Model is used in places like Scranton, Wilkes-Barre, Hazleton, and other cities in Pennsylvania for determining child support. The guideline, according to Pennsylvania codes, shall be reviewed at least once every four years for each adjudicated case. If you are facing a divorce, and you have children, contact us today at www.divorceattorneyhome.com, and we will help you find a divorce lawyer in your area. They will be able to answer any legal questions you may have about child support laws.

Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Alabama is a No-Fault (Uncontested) divorce state. That means, regardless of whether you live in a place like Birmingham or any other city within Alabama, you can readily and quickly obtain a divorce without a lot of legal complications, that is, if you and your spouse can agree to terms in a friendly manner. It is important to note that a history of domestic violence in a relationship may very well hinder any attempt at a friendly divorce and may even exacerbate the problem, so, if the history exists, it is not recommended by this author you try a No-Fault divorce without legal counsel.

Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, the time may be right for you and your spouse to seriously look at a No-Fault divorce. If both parties are mature and reasonable, there is no reason for anything unfriendly to occur, but what both will have to do to accomplish a goal of a friendly divorce is first to forget the reason you are getting a divorce. In this case, the reason for getting the divorce is what one or both of you might think is what caused the divorce. If the differences are irreconcilable, your personal reasons only become stumbling blocks to a friendly solution. Therefore, it is impervious that both parties are willing to move on with their lives looking forward to a new life, and they need to stay away from unproductive accusations about why the marriage failed and whose fault it was. If you can both get by this fact, you stand a reasonable chance of successfully obtaining a friendly divorce.

The only legal grounds for a No-fault divorce in Birmingham are as follows:

• Incompatibility of temperament that the parties can no longer live together.

• Irretrievable breakdown of the marriage where further attempts at reconciliation are impractical, futile, and not in the best interests of the parties or family.

• Voluntary abandonment from bed and board for one year preceding the filing of the complaint.

To begin a No-fault divorce in Birmingham, one of these three legal reasons for a No-fault divorce must be named on a state document entitled Complaint for Divorce and filed with a Circuit Court for Jefferson County, Alabama.

When both of you resolve to avoid personal accusations and are willing to accept the legal reasons for a No-fault divorce, then, it is time to meet in order to discuss the details of the marriage dissolution. There are basically three subjects you will need to discuss in detail in order to dissolve the marriage in a friendly manner, so, staying on subject is very important. The three subjects you need to discuss include your community finances, assets and children. Since each of these are complicated subjects within their own rights, it would probably be wise to resolve the issues associated with each subject one at at time. If you can come to a friendly agreement on these three subjects, the rest of a No-Fault and friendly divorce includes placing the information you have gathered together on state documents including the Complaint for Divorce, signing the documents, and filing them with your local Court of Jurisdiction. Once filed, Alabama has a waiting period of 60 days from the date of the Decree of Divorce before either party can remarry inside the state, but there is no waiting period if you get married outside the state of Alabama.

A No-Fault or friendly divorce is not for everyone. Sometimes, two people can not get by their shock, hurt, or anger, and sometimes they just can’t agree on the dissolution of their finances, assets, or the custody of their children. When this happens, it may be time for you to consider getting a professional counselor to help untangle the legal complications you may face. Contact us at www.divorceattorneyhome.com, and we will help you find a divorce attorney in your area who can answer any legal questions you may have in your situation.

Is there really any such thing as a friendly divorce? Actually, the good news is there can be. California is considered a No-Fault (uncontested) Divorce state under certain circumstances. That means, regardless of whether you live in a place like Los Angeles or any other city within California, you can readily and quickly obtain a divorce without a lot of legal complications, that is, if you and your spouse can agree to terms in a friendly manner. It is important to note that a history of domestic violence in a relationship may very well hinder any attempt at a friendly divorce and may even exacerbate the problem, so, if the history exists, it is not recommended by this author you try a No-Fault Divorce without without consulting with legal counsel.

Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, the time may be right for you and your spouse to seriously look at an uncontested divorce. If both parties are mature and reasonable, there is no reason for anything unfriendly to occur, but what both will have to do to accomplish a goal of a friendly divorce is first to forget the reason you are getting a divorce. In this case, the reason for getting the divorce is what one or both of you might think is what caused the divorce. If the differences are irreconcilable, the reasons only become stumbling blocks to a friendly solution. Therefore, it is impervious that both parties are willing to move on with their lives looking forward to a new life, and they need to stay away from unproductive accusations about why the marriage failed and whose fault it was. If you can both get by this fact, you may be candidates for successfully obtaining a friendly divorce.

When both of you resolve to avoid accusations, then, it is time to meet in order to discuss the details of the marriage dissolution. There are basically three subjects you will need to discuss in detail in order to dissolve the marriage in a friendly manner, so, staying on subject is very important. The three subjects you need to discuss include your community finances, assets and children. Since each of these are complicated subjects within their own rights, it would probably be wise to resolve the issues associated with each subject one at at time.

If you can come to a friendly agreement on these three subjects, the rest of an uncontested and friendly divorce includes placing the information you have gathered together on state documents. The Petition for the Dissolution of Marriage is the primary document you need to file with with your local Superior Court of Jurisdiction, and it must contain the legal reason for the Petition. A friendly and uncontested dissolution of the marriage, which must be pleaded generally, may be petitioned for the reason of irreconcilable differences. Once you have satisfied the official legal documents for your case, and they can be numerous, you will receive a Final Judgment for the Dissolution of Marriage, another formal legal document. In California, the waiting time to remarry again is six months plus one day after service of the Petition for the Dissolution of Marriage.

A No-Fault or friendly divorce is not for everyone. Sometimes, two people can not get by their shock, hurt, or anger, and sometimes they just can’t agree on the dissolution of their finances, assets, or the custody of their children. When this happens, it may be time for you to consider getting a professional counselor to help untangle the legal complications you may face. Contact us at www.divorceattorneyhome.com, and we will help you find a divorce attorney who can provide good counsel, and compassion to help you through your divorce.

Jenny Sanford announced this morning that she was filing for divorce from her cheating husband, South Carolina Governor Mark Sanford.

On Thursday evening as one of the 10 most interesting people of 2009, Mrs. Sanford told Barbara Walters that she was not a victim of her husband’s cheating, but I think many women would disagree. Walters brought up the fact that she hadn’t stood beside her husband at the press conference like many political wives have in the past. Her answer was that Gov. Sanford hadn’t asked and that she would have said no if he had.

He announced in June that he had been having an affair with his “soul mate”, Maria Belen Chapur, whom he had gone to Argentina to see when he told his staff he would be hiking the Appalachian Trail.

The traditional, Christian, wedding, and ceremonial vows go something like this: “Do you take this person to be your husband or wife to live together after God’s ordinance – in the holy estate of matrimony? Will you love him or her, comfort him or her, honor and keep him or her, in sickness and in health, for richer, for poorer, for better, for worse, in sadness and in joy, to cherish and continually bestow upon him or her your heart’s deepest devotion, forsaking all others, keep yourself only unto him or her as long as you both shall live?” In our modern day, these traditional vows have been often modified to fit the nature and personalities of the participants, but in some conservative areas of our country, these vows are still a time honored tradition. The tradition grew out of a Judeo-Christian influence through Christian churches that hold to both Old and New Testament biblical teachings. That the words “God’s ordinance” are used in the traditional ceremony is not by accident. Most Christians view marriage as a Holy sacrament that is ordained by God himself. An ordinance is a law, by definition, so, many Christian groups view this ordinance as a covenant or contract before God between two consenting adults. Since 84 percent of the United States population considers themselves to be affiliated with Christianity in some way, it is very probable you are familiar with this traditional concept on marriage, and you may even know someone who used similar vows in their wedding ceremony.

Our current laws on the legality of marriage has certainly been influenced by Judeo-Christian values throughout the United States. Fault divorce is what has come out of such a background. No-fault divorce in the United States did not come about until California passed their law on January 1, 1970. a No-fault divorce is the dissolution of a marriage requiring neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. Since the first No-fault law passed in California, all the states except New York has passed some type of No-fault statute. Although a No-fault divorce is readily available in most states today, Fault divorces are still a common occurrence simply because the two parties cannot always agree on how their property and children are to be divided when the divorce is final.

When a Fault divorce occurs, the two opposing spouses are required to go to court before a judge or a jury. There are still eleven states that allow divorces to go to jury under certain circumstances. Only Texas, today, allows a jury to decide the fate of all the ramifications of divorce including the custody of children. In places like Providence, Fall River, Warwick and in other cities around Rhode Island, the reason for a Fault divorce has to be stated on the legal document entitled Complaint For Divorce, and then filed in the local court of jurisdiction. The only legal reasons allowed for a Fault divorce in Rhode Island are: impotency; adultery; extreme cruelty; willful desertion for five years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court; continued drunkenness; the habitual, excessive, and intemperate use of opium, morphine, or chloral; neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant. .

Before No-fault divorces were so common, our nation relied on our Judeo-Christian roots to understand what we considered to be acceptable reasons for divorce, but today, with so much diversity within our borders, marriage has become a battleground for the separation of church and state. Our roots has taught us that marriage is a covenant contract that should be legally binding, and our existing laws reflect what our roots have taught us. Therefore, we perceive the marriage ceremony, regardless of who officiates over it, as a legal binding contract between two consenting adults, and it takes a legal action to undo what has been legally done. Likewise, there should be no wonder why Fault divorce reasons in our laws also reflect our roots. Notice that the fault of adultery is closely related to the marital vow promising to keep him or herself unto the other for as long as they both shall live. Likewise, notice how closely the fault of willful desertion is related to the promise to continually bestow upon him or her your devotion, and extreme cruelty violates the promise to accept one another for better or for worse.

Maybe you and your spouse have come to that place where you think things have gotten a lot worse than you could have possibly imagined, you think there is reason enough to divorce, and you cannot agree on how to go about ending your marriage in a friendly and No-fault way. If this is the case, you both are probably going to need legal advice. Contact us right now at www.divorceattorneyhome.com, and we will help you find a divorce lawyer in your area that can provide you with the legal help you are seeking.

Whether you are in Allentown, Bethlehem, Easton, or some other city in Pennsylvania, going to Custody Court can be a very intimidating experience the first time when you don’t know what to expect. It does not have to be that way. Following these five simple suggestions can save you a lot of stress and worry in the long run:

1. Be prepared to go to court. Courts are institutions that try to operate on factual information. Take copies of proof of income such as an IRS tax statement or a pay roll stub. Also, make sure you take a copy of any health insurance premiums you pay on you children.

2. Appearance in any Court is very important, especially first time appearances. The Judge may not know you, and he or she has only your appearance to start sizing your parental abilities, so, appear to be worthy of what you will ask of the Court. Lean toward being clean and professional rather than flashy and uncouth. If you do not appear to take an interest in your own hygiene, the Judge may get the impression you won’t take interest in the hygiene of your children either.

3. Be on time to your court appearance. Leave your home in plenty of time to reach the Court destination and remember to allow for the screening process at the front door. Your case will most likely not be the only case on the docket, so, being late will make everyone else late. Your being late will make a lasting impression on the Judge, but it will most likely not be a good one.

4. Unless the Judge orders it, do not take your children to Court. Although the Court proceedings are about them, small children do not need to hear what goes on in the proceedings, it is not their business. If the experience can be intimidating for adults, think of how scary it might be for the children. The process is sometime long, and children demand time from you that you will not have during the Court proceedings. So, make arrangements for your children to be attended to in some other place than the Court proceedings.

5. Go to Court with a positive attitude. In most all Custody Courts across the United States, the courts have a vested interest in helping you solve a most difficult situation. They want to do what is best for both parents and children. Going to Court with a negative disposition will leave a lasting impression of the wrong kind and will not help you get what you want. Your child and you both deserve to come out of the process with a bright future, so, be positive, courteous, and respectful. The Court will most likely respond in like kind.

Whether or not you are represented by counsel in your Court appearance, applying these five simple suggestions will go a long way into helping you relieve the stress and worry over your situation. Sometimes you can handle these problems on your own, but sometimes, it is best to have supportive counsel in the form of a divorce Lawyer who specializes in child custody cases. He or she will give you the legal knowledge required to provide the confidence you will need to have a positive attitude for your Court appearance. If you feel you need this kind of help, contact us at www.divorceattorneyhome.com , and we will help you locate the right professional for you.

The income shares model was developed by the Institute for Court Management of the National Center for State Courts under the Child Support Guidelines Project of the Office of Child Support Enforcement of the United States Department of Health and Human Services. Many of our states use this model to determine child support in child custody cases. The Income Shares model is based on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. In an intact household, the income of both parents is generally pooled and spent for the benefit of all household members, including any children Thus, the income shares model calculates support as the share of each parent’s income estimated to have been allocated to the child if the parents and child were living in an intact household. This principle is consistent with the Uniform Marriage and Divorce Act, enacted in many states.

Using the Income Shares model, computation of child support is basically a four-step process:

1. The income of the parents is determined and added together.
2. A “basic child support obligation” is computed based on the combined income of the parents, using a table or grid in the guidelines. The amounts in the table are derived from economic data of household expenditures on children.
3. A “presumptive child support obligation” is then computed by adding expenditures for work related child care expenses and extraordinary medical expenses to the basic child support obligation. Other obligations may be added or deducted from the calculations.
4. The presumptive child support obligation is prorated between each parent based on his or her proportionate share of total income. The non-custodian’s obligation is payable as child support, while the custodian’s obligation is retained and presumed to be spent directly on the child.

There are both strengths and weaknesses in the Income Shares Model. First of all, the main distinguishing feature of the income shares model is that it embodies the underlying economic assumption that as income increases, the proportion of income spent on child support decreases.

Secondly, Critics have charged that the income shares model is based on faulty underlying economic research. One study has suggested that the underlying economic data failed to reflect true child related expenditures in upper income families including such non-consumer expenditures as principal on home, savings, and trusts for the benefit of children. Thus, the income shares model does not accomplish the goal of ensuring that parents, after they break up, continue to spend on their children the same percentage of income that they would have spent if they were together.

Thirdly, Another distinguishing feature of the income shares model is that it illustrates graphically that both parents are sharing in the support of the child. Where the perception of fairness is as important as fairness itself, this feature is its greatest asset.

A final distinguishing feature of the income shares model is that it can more easily than the flat percentage model take into consideration adjustments for shared and split custody, health care needs, child care expenses, serial family development, and children’s ages by the manipulation of income, additions and deductions and by then allocating these costs between the parents. Because these factors can be built into the income shares formula, there is less reason for deviation from the guideline’s presumptive award.

Limiting deviation meets the ideal of perceived fairness, as well as the federal requirement that the number of cases in which deviation is granted be limited. Limited deviation also meets the goals of consistency and predictability. Given that the ultimate goal of child support guidelines is increased compliance through perceived fairness, the income shares model meets this goal.

The Income Shares Model is used in Nassau and Suffolk, New York for determining child support. If you live in Nassau, Suffolk, or in any of the surrounding area, and you are seeking a divorce from a marriage with children, contact us today at www.divorceattorneyhome.com, and we will help you find a divorce lawyer in your area that specializes in family practice. They will be able to answer any legal questions you may have about child support laws.