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Saturday, March 15, 2008

Pro se, Did You know about this?

I learned about becoming a pro se litigant about 25 years ago. In basic terms you represent yourself. You need to be prepared when you attempt this task. It is not rocket science but it does require preparation. I have hired attorneys and I have represented myself as well. The key is don't take on more than you can handle. A 1991 American Bar Association study of self-represented litigants showed:

Persons with incomes less than $50,000 are more likely to represent themselves.
About 20% of self-represented litigants report they can afford an attorney but do not want one.
Self-represented persons are more likely to be satisfied with the judicial process than those who are represented by attorneys.
Almost 75% of those who represented themselves in court said they would do it again.
Self-representation, when combined with the power of modern information technology can be an important means of providing increased access to the legal system. The power of the Internet has given the average person the ability to research and prepare a credible argument in Court. I was a pro se litigant who obtained a divorce, resolved child support issues and was able to lower child support payment.

Please understand that the Court is not going to help you, as a matter of fact they would much rather deal with an attorney. Don't let that stop you they will guide you with nudges. So you have to be flexible and able to catch what tips they give you and run with them.

When you win, you think to yourself that it was all worth it!

The information that I share with the men and women of the World is to help you protect yourself and to have the power to know when something is not right! You see its one thing to know its not right, but its another thing to know it not right and show why its not right!

Thursday, March 13, 2008

Ruling on Income you could make

Their was a court case Meredith vs Meredith.
This case was one Where Richard Meredith had retired from his job of 29 1/2 years. The court said that because of his voluntary retirement that his child support should not be reduced. Mr Meredith was making $49,000 but because of his early retirement he would make about $25,000. The court said that the calculation of his income should be based on what he was making not what he is making.

The higher ruled that the father did nothing wrong and this was the courts findings.

(1) father had been pursuing this job change for three years; (2) father had bad knees and other health concerns arising from previous injuries as a garbage collector; and (3) father’s new job had better benefits, and he would gradually make more money the longer he worked. Id. at 353.

All these facts taken together led us to conclude that father’s decline in income was not purposely brought about to reduce his support payments and that he had a legitimate reason for taking a different job.

The court always has the same issue where if a man decides to change employment that he does not want to pay child support.What? That concept blows me away that a many men would want to make less money so that he does not have to pay child support, wow.
I hope this helps one man who is something like this going on in his life.

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