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Divorce and Determining Paternity

Posted by on Jun 4, 2015 in Families and Divorce | 0 comments

Paternity issues can become a big problem during a divorce proceeding, but they are rather common. When a husband questions his paternity to a child, the paternity test should be done during the early stages of the divorce in order to give both the husband and the husband’s lawyer enough time to prepare the necessary court documents asking for relief from child support or for any modifications for child support and visitation.

In order to prevent or lessen the harm done to the child involved, paternity in divorce should be handled properly, since divorce itself can already by emotionally painful to the child. There are two general ways that paternity can be determined, but only one is deemed a reliable source: HLA and DNA testing are both used. HLA testing, however, is not as accurate as DNA testing (which has become more affordable and is 99 percent accurate).

The court legally assumes the man is the father of the child when his is married to the mother, or he has signed a certificate of paternity (regardless of whether it is the birth certificate or affidavit of paternity). A putative father is a man who is alleged to be the father of a child born out of marriage. According to the website of the Law Office of Kirker Davis LLP, a biological father has the responsibility to provide for their minor child despite being divorced from the mother. When doubts regarding the paternity of the man are brought into question, it is the father or the petitioning party who will have to provide the burden of proof, or the paternity testing is brought about by the child support office or the court themselves.

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How to Handle Debt

Posted by on Jun 2, 2015 in Bankruptcy | 0 comments

Federal Law provides anyone with the right to file for bankruptcy, and this process is completely handled by the federal court. A personal bankruptcy claim is one way to help you manage your financial situation. Although filing for a personal bankruptcy should be the last resort, there are many reasons why people they file for bankruptcy – injury or illness, job loss, or personal loss. There are two ways that a person can file for a personal bankruptcy: Chapter 7 and Chapter 13 bankruptcy. Both of these options have thing pros and cons, therefore it is important to know which one would be more beneficial to your financial situation.

Chapter 7 is aimed for people who have large amounts of debt but is unable to pay for them due to low income. This often requires you to forgo a lot of your personal properties but would wipe out the general bulk of your debts. On the other hand, Chapter 13 bankruptcy can help you keep your property but would require you to have a legally-binding repayment agreement, usually to be completed between three and five years.

Being under either Chapter 7 or Chapter 13 bankruptcy would protect you from debt collectors, since the court will issue an automatic stay, preventing the creditors from contacting you and requiring you to pay them, foreclose your house, repossess your car, turn off your utilities, and even harass you. Personal bankruptcy allows you to deal with dischargeable debts, but there are exceptions to the types of debts that can be discharged. In the state of Texas, you can use the federal exemption statutes rather than using the Texas exemptions.

A Plano bankruptcy lawyer will tell you that each case is unique in its own ways. With that in mind, the help of someone who has experience with these sorts of things could prove beneficial, especially since state laws can have different rules regarding exempt and non-exempt debts. In order to have a more detailed and specific information about your financial situation and bankruptcy option, you should contact a personal bankruptcy lawyer who knows and understands the bankruptcy laws in your state.

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