INFORMATION CENTERS


FAMILY LAW OVERVIEW

Whether you are contemplating a divorce, in the midst of a custody battle, or are negotiating a visitation schedule that works, facing family law matters can be a daunting and overwhelming task.  The experienced family law attorneys at M.C. Thomas & Associates are here so that you do not have to face them alone.  We understand that whenever children are involved, emotions are bound to emerge.  Our attorneys will listen intently to your situation and devise a strategy to help you reach your goals. 

Common issues that you will face relate to child custody, visitation, child support, paternity testing, father’s rights, interstate issues, and the enforcement and modification of court orders.  Many times, it is in your best interest to negotiate a settlement agreement and resolve matters without court intervention.  Settlement is often more cost effective to you, and offers the flexibility for you to reach an agreement that is in your family’s best interest in a variety of ways.  If settling is not an option, then it is necessary to initiate the legal process to protect your children, and to protect you.

As society has evolved, so has the area of family law, leaving many complex issues for family law professionals to address.  No longer is the family limited to just the nuclear family.  Today, you have to consider the rising number of blended families, including step and adopted children, and the legal rights that accompany each situation.  With the advent of conceptual options, such as In Vitro Fertilization, Artificial Insemination, and general surrogacy, many questions arise such as who retains the legal rights as the biological parent?  What are the legal implications of a mother who gestates or carries a child to term, but maintains no genetic link?  With cutting edge issues like this, it is necessary to consult with experienced family law attorneys to guide you through this process.

When you are faced with an important life decision regarding a key family relationship, retaining an experienced family law attorney often proves critical to the success of your family law matter.  At M.C. Thomas & Associates, the family law and divorce attorneys aggressively advocate for your family and its financial future.  We are recognized negotiators and litigators who will fight for you.

Child Support
There is nothing harder than being a single parent for most people. In today’s economy, facing the possibility of raising a child without financial support from the other parent is daunting. Parents may become unemployed or underemployed, or misrepresent their income just to escape their monetary obligations to the children. Even if you are not a single parent, but have primary custody of your child, the other parent is required to provide financial support to the child, usually until age 18 or 21. For these reasons, it is important for you not to face the task of collecting child support alone. The attorneys at M.C. Thomas & Associates are trained to identify all types of income, such as employment compensation, rental income, disability payments, royalties, and more, so that child support is calculated accurately. We subpoena bank records and other financial institutions to capture all of the income of the other parent, and ensure that your child receives the child support amount due. Child support is calculated according to guidelines established in each state that considers the incomes of the parties and certain expenses paid, such as healthcare coverage for the children and daycare expenses. Children are entitled to receive child support, regardless of whether the child lives with the biological or adoptive parents or a third party. Even if you believe that the custodial parent is financially independent and does not need to receive support, the child is still entitled to it. Child support may be owed even if the parents share custody on an equal basis.

Modification of Child Support Orders
Sometimes circumstances change. You or the other parent may lose a job, become disabled, or encounter another one of life’s hardships that impede your ability to support your child. Both the receiving parent and paying parent of child support may request changes in child support orders based upon a material change in circumstance of the parent or child. Some jurisdictions, like the District of Columbia, require a regular review of existing child support orders while other states may review child support orders only upon the request of a parent. You may obtain an increase in child support if, for example, you can demonstrate that the paying parent’s income has increased, or your income has decreased—to no fault of your own. You may obtain a decrease in child support by showing a decrease in your income, or an increase in the other parent’s income. This does not mean that you can quit your job and then seek to decrease child support. In many states, you must demonstrate that you did not do anything to voluntarily decrease your income. Courts are reluctant to reduce child support awards, and are likely to impute income to a parent based upon showing that the parent’s earning capacity exceeds his or her actual earnings.

Child Custody & Visitation
Whether you are divorced, legally separated, or have never been married, the future of your children is one of the most important yet emotional decisions you will have to face.  A tremendous amount of stress and anxiety usually affect all parties involved, making this a difficult time for you and your family.  That is why we make it our mission at M.C. Thomas & Associates to ease the discomfort and uncertainty that custody and visitation matters often involve.

explain our clients' options and the approach that may be used in seeking a resolution to the matter, such as mediation or collaborative law. Contact us to discuss your child custody case.

The courts consider several factors that impact its decision on awarding child custody.  Some of the factors include the child's age, gender physical and mental health, the parents' physical and mental health, the parent’s role in the child’s upbringing, the special needs of the child, the parent's ability to provide the basic necessities, such as food, shelter, clothing, and medical care, and more.  The most important consideration, however, is best interest of the child.  We advise our clients to focus on the best interest of the children at all times throughout the litigation, because ultimately, the court’s decision will rest on this factor.  We incorporate the use of psychologists, guardian ad litems, custody evaluators and other experts during our representation to ensure that your children’s future falls in good hands.

At our firm, we listen intently to your concerns and goals, then devise a comprehensive strategy to help achieve the custody and visitation arrangement that you believe to be in your child’s best interest.  We communicate your options to you, and together, devise a strategy to maximize the likelihood of success.  Your children’s future is too important not to choose a family law firm that puts your children first.  Call us today to discuss your important family law matters.