What Happens in an Initial Consultation?

An initial consultation with a divorce attorney is a great opportunity to address many questions that have been building in your mind for some time. Generally, I go over certain information in each consultation.

1. If you have children, we discuss the difference between legal and physical custody, and the legal standard for each.  We discuss your goals for your children, and how that fits in with Nevada law.
2. If there are children, we discuss the ramifications of different custodial arrangements on child support and whether you will be subjected to pay or receive child support under Nevada law.
3. I like prospective clients to fill out the Financial Disclosure Form prior to coming in, because it gives me a complete picture of what you and your soon-to-be ex earn, expend, owe and own.
4. We then develop a framework for dividing these items.  What is important that you keep, and what are you willing to let go?  How do you think the debts should be divided?
5. I then discuss the Nevada standard for alimony, and run the figures in my spreadsheet to determine a starting point for alimony, if any.
6. We discuss a timeline for the divorce, and I give you my best estimate for how long the divorce will take.
7. Finally, we discuss fees and estimated costs.  We discuss whether you can benefit from a payment plan, and how we can work to achieve your goals within your financial means.

If you want a free consultation, please call (702) 222-3366 or email RLB@BaumgardnerLaw.com.

The Importance of Taking Quick Action When Circumstances Change.

Child support can be modified based on a change in circumstances.  To have a “change in circumstances,” there needs to be a 20% difference in the income of the payor.  What many people don’t understand is that child support will change not from the date that your income dropped, but from the date that you moved the court to modify child support.  I recently had a client who came in for a child support modification.  He owed child support arrearages because his income dropped and he was unable to pay the full amount.  He had a hard time understanding that the judge could not, even if she wanted to, reduce the amount of arrearages.  He then was hoping that the judge would reduce his prospective amount of child support payments based on the arrearages that grew unfairly, i.e. during a time when he wasn’t making much money.  Unfortunately, even if the judge really wanted to help him, she is powerless to modify the statutory amount of child support.  The lesson here is: if there is a change in circumstances, hire an attorney immediately to modify child support.

Happy New Year from Baumgardner Law!

May 2014 be a good one for you and yours!