Posted by: frederickgirl | 2009/12/22

Pre Divorce Mediation in the Coastal Bend

PRE-DIVORCE MEDIATION
Saturday, November 21, 2009 at 11:06AM

Articles on the problems relating to divorce brought to you by The Law Practice of Kelly Koch

In these tough economic times, where people are trying to save money and want to have an amicable divorce, an excellent way to do this is through a pre-divorce mediation package. I have handled several of these successfully, and would like to explain how it works.

Both the husband and wife meet with an attorney who specializes in family law and is also certified as a mediator, as are all of the attorneys at Gornbein Smith Peskin-Shepherd. An agreement is reached at the first meeting that the attorney will be acting as a mediator and will not be representing either the husband or wife in the divorce. The role of the attorney will be to meet with the parties to cover all issues in the divorce in an effort to help them resolve everything in an amicable fashion.

Normally, the way I do this, is to have a meeting, have an agreement drawn up with the understanding that I, as the attorney, will be acting solely as a mediator, cannot represent either one of them, and will work with them to cover all issues in an amicable fashion through a series of meetings. I then will outline in detail the key issues in any divorce. These consist of child related issues including custody and parenting time. They include child support, medical insurance, medical expenses, spousal support/alimony, and division of property.

The division of property will include the marital home, any savings, investments, 401Ks, pensions, automobiles, personal property, and any other assets. It will also include, especially in these tough economic times, how debts are to be handled, including credit cards, home equity lines, and the mortgage if the house has a negative equity.

Each party is given homework to come up with lists of all assets and liabilities, an affidavit is prepared so that there is protection as far as having everything under oath regarding assets and liabilities. Through a series of meetings every one of the issues in a divorce will be discussed in an effort to resolve them.

If a resolution becomes impossible through mediation, then the mediator steps out of the case, and the parties would then retain attorneys to litigate in a more traditional fashion. In the event that the mediation works, and every issue is resolved, then a settlement agreement is drafted. I ask that each party have the settlement agreement reviewed by an attorney of each party’s choosing. I have handled cases where we have pre-packaged everything, and I have drafted pleadings for each party to appear In Pro Per (without attorneys), where a Complaint is drafted, a proposed property settlement and Judgment are drafted, and these are all reviewed by independent counsel.

The parties then go through the system without the need for attorneys or additional expense, other than the normal divorce filing fees, while I act as a neutral mediator monitoring them through the system, again with the understanding that all documents are to be reviewed by an independent attorneys of husband and wife’s own choice. I have found that this is an effective means of resolving a divorce where people are trying to handle things n a very simple and amicable, cost-effective fashion. In this economy, this is a way to get divorced while minimizing the legal cost, the emotional cost, along with the time spent in the legal system, with court appearances being kept to a minimum.

HENRY S. GORNBEIN
on behalf of GORNBEIN SMITH PESKIN-SHEPHERD
Article originally appeared on Divorce Online | Divorce Resources | Legal, Financial & Counseling (http://www.divorceonline.com/)

Corpus Christi Divorce Attorney Kelly Koch
1402 N Chaparral St
Corpus Christi Texas 78401
Phone: 361 882-8000
Fax: 361-882-8757

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Posted by: frederickgirl | 2009/12/18

Corpus Christi Texas Child Support Attorneys

An Experienced Corpus Christi Texas Divorce Attorney on Your Side

Kelly Koch has been a divorce attorney since 1989. Her extensive experience allows her to address clients’ needs. Our firm will guide you through the divorce process. Child support payments are based on a percentage of the payor’s net resources and the number of children. Judges will use a statutory formula for determining support however, other factors may apply, so that determinations can be reached creatively outside of court.
Child Support

Child support payments are based on a percentage of the payor’s net resources and the number of children. Judges will typically use the Child Support Guidelines for determining support, however, determinations can be reached creatively outside of court. As with all legal situations, there are exceptions to every rule. Kelly can work with you to see if your children qualify for an exception and should receive either more or less child support than the Guidelines provide.

Health insurance premiums and 1/2 of uninsured medical expenses are usually included as additional child support obligations. Kelly will help you evaluate your options to optimize protection for your children while minimizing your out of pocket expenses.

Child Support Articles
In 1998, there were 14.0 million single-parent families in the United States, comprising about 28 percent of all families with children. While growth in single parent families appears to have stabilized, the fraction of families headed by just one parent is up significantly since 1970, when just 11 percent were headed by single parents. In 1998, most one parent families were headed by women (11.9 million). Of these, 32.2 percent were never married, 30.8 percent were divorced, 13.3 percent were separated from their husbands, and 1.9 percent were widowed. Today about 25.8 percent of children in the United States under 21 are living in single-parent households, and a disproportionate number of them (roughly 40 percent) live in poverty.

Against this backdrop, child support has become an increasingly important public policy issue. In the United States the primary responsibility for child support collection rests with the states. The federal government, however, provides substantial financial support. Federal activity centers on the Office of Child Support Enforcement (OCSE) in the U.S. Department of Health and Human Services. Among other activities, OCSE administers the Federal Parent Locator Service, which helps track down missing parents, and the National Child Support Enforcement Reference Center, which distributes information about state programs.

State and federal government agencies are involved in the child support collection process at several points. When noncustodial parents are missing, states will attempt to locate them through various state-level information sources, including employment and unemployment records, tax files and motor vehicle registries. States can also turn to the Federal Parent Locator Service (FPLS) for assistance in tracking down parents across state lines. The FPLS has access to data from the Social Security Administration, the IRS, and the Selective Service System, among other sources.

Another critical precursor for child support collection is the establishment of paternity. The increased percentage of children born in the United States to unmarried women (32.8 percent in1998) has made this task more challenging, but advances in technology have helped. Today, most state child support enforcement agencies have the authority to order genetic testing in appropriate cases. In 1998, an estimated 848,000 paternities were established by state agencies, up from 245,000 in 1986.

Once a noncustodial parent has been found and parentage established, state judicial or administrative agencies may then order child support payments. The amount of such payments is typically based on state guidelines reflecting income and need. Such payments can be subsequently enforced, if necessary, through wage withholding, offsets against unemployment compensation payments, liens on property, seizure and sale of property, and other means. Federal legislation enacted in 1992 establishes criminal penalties for noncustodial parents who willfully fail to make payments for children residing in another state if such payments remain unpaid for more than a year or exceed $5,000. Federal legislation enacted in 1975 ensures that child support obligations may not be evaded by filing for bankruptcy.

While significant legal and programmatic efforts have been made over the years to improve the child support collection process, the results have been mixed. In 1998, an estimated 6.6 million noncustodial parents were located, 848,000 paternities established, and over 1.1 million child support orders were established. State agencies spent $3.6 billion to collect $14.3 billion in child support payments.

While these numbers demonstrate significant effort, much remains to be done. In 1997, of 11.9 million female-headed households eligible for child support only 59.5 percent had been awarded child support, only 36.4 percent actually received at least one child support payment, and only 22.3 percent received full payment. These percentages have remained essentially unchanged since the late 1970s, according to Census data.

Citation: http://www.policyalmanac.org/social_welfare/child_support.shtml

Corpus Christi Divorce Attorney

Contact the Law Office of Kelly Koch today to schedule your consultation.

361 882-8000

Office hours are Monday through Friday, 8:30 a.m. to 5 p.m., with evening and weekend consultations available by appointment.

The Law Office of Kelly Koch is located in Corpus Christi, Texas and provides family law representation to clients throughout South Texas from communities such as Corpus Christi, Robstown, Port Aransas, Aransas Pass, Sinton, Kingsville, Alice, Portland and Rockport.

Nueces County | Aransas County | Jim Wells County | San Patricio County | Clay County

Posted by: frederickgirl | 2009/11/21

Use Care When Choosing a Divorce Attorney in Corpus Christi

Caution: Be Careful Choosing Your Divorce Attorney!
As a divorce coach, I see many clients who are unsatisfied with their divorce lawyers. The situation is typical. They are confident in their choice of an attorney in the beginning of the divorce, but as the months and sometimes years linger on, they start to lose faith in the professional they have entrusted their future with.

Unfortunately, there are some divorce lawyers who are only interested in making money. They quickly assess your financial picture during your initial consultation. When the retainer runs out and they do not see any foreseeable way to earn more income from your case, they encourage you to settle, even if the settlement may not be in your best interest.

I am currently coaching a client in this exact situation right now. Her lawyer is advising her to take a settlement that would include no alimony, even though she gave up a thriving career years ago to be a stay at home mom. Her husband currently earns six figures a year. Based on the length of the marriage, in most states this client should be eligible for alimony, although the length and amount would vary. So why would this client’s attorney advise her to forgo alimony in her divorce settlement? I suspect it is because, due to the rapid decline in the housing market, their home has very little equity and there are no other liquid assets. It appears as though her attorney has lost interest in her case and if the case is prolonged or goes to trial , she will not make a profit.

In all fairness, lawyers are in business to make money and have high expenses they must cover. If a client does not have the ability to pay, they may have a hard time legally removing themselves from a case. Not all divorce lawyers are callous and uncaring. The problem arises when they put their own financial interests ahead of what is in the best interest of their clients.

You must exercise caution when choosing your divorce attorney. You need to interview people you know who have gone through a divorce. Consider what you hear. Did someone go through hell because they had a bad lawyer, or did a good lawyer help them through a hell that could’ve been a lot worse? Did another person’s divorce go smoothly only because there was little to contest, or did the lawyer successfully foresee problems, and settle them in advance? You may want to find someone who was in a situation similar to yours. Can this lawyer avoid crises? Can this lawyer handle crises?

It is also crucial that your personalities click. You will spend a lot of time with this person; you need to feel comfortable with him or her. In the end, consider all these factors, and allow your intuition some sway. Can you get along with this person? Do you trust them? With the right attorney’s guidance you can work together and speed the process of your divorce. Once you find the right attorney, you will feel more confident in your divorce outcome.
by Christina-Rowe

Contact the Law Office of Kelly Koch today to schedule your consultation.

361 882-8000

Office hours are Monday through Friday, 8:30 a.m. to 5 p.m., with evening and weekend consultations available by appointment.

The Law Office of Kelly Koch is located in Corpus Christi, Texas and provides family law representation to clients throughout South Texas from communities such as Corpus Christi, Robstown, Port Aransas, Aransas Pass, Sinton, Kingsville, Alice, Portland and Rockport.

Nueces County | Aransas County | Jim Wells County | San Patricio County | Clay County

Posted by: frederickgirl | 2009/11/21

Kelly Koch Corpus Christi Divorce Lawyer

The Law Office of Kelly Koch, we provide representation to individuals and families throughout south Texas in family law matters. We meet the legal needs of people experiencing divorce as well as other family law matters such as visitation, child support, modifications, enforcement, paternity and adoptions.  We guide clients through the process, anticipating and responding to changes and roadblocks in their case.

Kelly Koch has been practicing family law since 1989. She has significant experience successfully handling the matters our clients are facing. Her knowledge in this area instills confidence and peace of mind in our clients.

We know you aren’t looking at this Website because your life is picture perfect. We can’t promise results, but can promise that we will act as your white water rapids guide through the treacherous waters of family court, by providing guidance to you regarding your personal situation.

If you would like to schedule your consultation with Kelly, please call
361-882-8000
.

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