Often we hear the word family law but we may not know what it means. Family law covers the legal issues that can arise in relation to children, spousal support, and even elder abuse. If you are involved in one of these matters, then you will need a legal professional who knows the law. Fortunately, there are many attorneys available to help.
Nuclear family vs extended family
Whether you’re a nuclear family or an extended family, you know that family is the foundation of our society. It entails a variety of roles, responsibilities, and interactions that range from parents to spouses to relatives.
In a nuclear family, there are two main adults, usually a husband and wife, who are married. This may include one or both spouses working outside the home. However, there are also nuclear families that are single-parent households.
A nuclear family is also considered a “modern” family. It is common in industrialized countries, especially in the west. The family includes the wife and husband, along with their children.
An extended family, on the other hand, is composed of people who are not directly related to the family. It can also include cousins, uncles, aunts, and grandparents.
Spousal support
During the divorce process, spousal support may be ordered. Payments may be made in either a lump sum or a periodic amount. The purpose of spousal support is to provide an individual with the financial means to start or resume work.
Several factors go into determining the proper amount of spousal support. The length of the marriage, the relative incomes of the parties, and the costs of child care are among the more important factors.
The statutory principles governing spousal support are summarized in s. 15 of the Divorce Act. These principles have been refined in several leading Supreme Court of Canada cases.
A number of studies have been conducted to find the tax implications of supporting a former spouse. These studies suggest that women’s standards of living drop after divorce. These findings are cited in a recent Thibaudeau report.
Alimony
Generally, alimony is a legal obligation to provide financial support to a spouse who is not earning a living. It may be paid on a temporary basis, or may be paid in perpetuity. The amount and duration of alimony payments will vary from state to state.
Alimony is also known as spousal maintenance in Australia. It is typically awarded after divorce and is intended to keep the economic imbalance between a couple at a minimum. The court will consider several factors when determining alimony payments, including the length of the marriage, each spouse’s earning capacity, and the standard of living they enjoyed during the marriage.
The court will also consider each spouse’s age, physical and emotional health, and education level. If the paying spouse suffers financial loss, the alimony payments may be adjusted.
Child custody and visitation
Getting custody of a child requires court action in the state where the child resides. The court may award custody to a third party, such as a family member, or a stranger. The court will review all of the factors involved in determining the best fit for the child.
One of the best ways to get custody of a child is to work together as a team. The court will give the weight of the agreement to the parent who can best promote a stable home environment for the child.
In many cases, a judge will decide the amount of time the child will spend with each parent. In some cases, the child may live with the primary parent during the week and spend the weekends with the other parent. The court will also award supervised visitation if the other parent poses a danger to the child.
Elder abuse
Whether it is emotional, physical or financial abuse, elder abuse is a serious problem in our society. It can cause severe emotional and financial harm, and can even lead to death. If you think you have been abused, you should get help.
The New York State Senate recently passed a package of 10 bills that will protect elderly citizens and help improve public awareness about elder mistreatment. These bills will also make it easier to prosecute elder abusers.
Financial elder abuse occurs when a person or an entity takes advantage of an elderly person’s assets without their consent. It can take many forms, from changing the terms of a will to falsifying records.
The perpetrators can be family members or caregivers. They can withhold food and medications, keep an older adult from visiting close relatives, and even threaten the older adult.