Lynnae Lee & AssociatesHonolulu Family Lawyer | Family Court Attorney in Hawaii 2023-06-22T09:05:54Zhttps://www.lla-hawaiilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502872/2022/05/flower-icon-75x75.pngOn Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=468562022-05-23T15:11:56Z2022-03-08T22:56:20ZHawai’i Child Support Guidelines must be used when calculating the monthly obligation a parent has. Both parents have a responsibility to support their children and may be asked to pay in accordance with the calculation that is established.
There are sometimes exceptional circumstances that may impact who pays or doesn’t pay support, but in the majority of cases the Guidelines will be followed.
What principles do the Hawai‘i Child Support Guidelines follow?
The Guidelines state that:
All of a child’s needs have to be met before the parents may keep their additional income
If there is income remaining after the child’s basic needs are met, the child is allowed to share in that income for a higher standard of living
Every child’s basic needs will include both the cost of health insurance and child care
Parents are entitled to have enough income for their own basic needs and to maintain employment
Regardless of income, it is typical for the nonresidential parent to pay child support to the residential parent. However, both parents are expected to provide for their child, so it could be possible for both to have an obligation to pay. By law, there is a minimum amount of support that must be paid monthly, and these payments must continue until the child is at least 18.
Trouble working out your child support and custody issues?
It’s not uncommon for parents to have trouble working through child custody and child support issues. Since the state does use a formulaic method of working out support, it may be helpful to look over the Guidelines and to talk to someone familiar with calculating them to be sure you have a grasp of how much you may or may not pay depending on how often your child will live with you and your current income.]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=468542022-05-23T15:11:19Z2021-12-06T21:44:24ZA judge focuses on what is best for the children
Parents can sometimes reach unique arrangements for managing shared custody. If you can settle outside of court, any appropriate solution that centers on the needs of your children will likely be a viable option.
When there is a significant disagreement, such as whether the children should stay in the state or not, you may not be able to settle custody matters on your own. In that situation, you will turn to a judge to interpret state law and settle custody matters. When making custody determinations, a judge should always prioritize what would be in the best interests of the children.
Moving away could hurt your relationship and your kids
There is a strong presumption in most cases that keeping the children connected with both parents will be what is best for them. A judge may choose not to grant a request by one parent to relocate out of state with the children or they may restrict their parenting rights accordingly.
For example, a judge might decide that the children should stay with you during the school year and then travel to see your ex during their summer vacation. Preserving a child's sense of stability and community is important during divorce, and a relocation can make a difficult time even harder for the children.
Focus on your kids as you develop your custody strategy
The best way to secure an outcome that you can accept in a litigated Hawaii custody scenario is to understand what is possible under state law and what guides a judge's decisions. Now that you know they must focus on what is best for the kids, you can use that to strategize about how you present your custody case to the court.
Learning more about the rules that guide custody decisions during divorce can lead to a favorable custody outcome.]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=468432021-09-07T20:01:26Z2021-09-07T20:01:26Zspouses of members of the military.
The Uniformed Services Former Spouse Protection Act
The USFSPA allows un-remarried people who used to be married to military members to obtain certain privileges if they meet the requirements of the 20/20/20 rule. This rule states that the spouse may obtain Morale, Welfare and Recreation program benefits if they meet the guidelines of:
Being married to a military member for 20 or more years
Being married for 20 years when the member was performing retirement-creditable service
The military member must also have completed 20 years of service that is credited toward retirement.
TRICARE coverage is available with the same requirements, except for that the marriage only has to have overlapped 15 years of service.
It’s important for you to be aware of your rights as a military spouse because these benefits are not available to people who were not married to military members. Since they’re unique, it’s necessary to seek them out and to be aware if you will qualify for the support you’re looking for following your divorce.
In some cases, waiting just a little longer to divorce may make a difference in obtaining benefits, so that’s something that you will want to consider as you approach the idea of a divorce.
Going through a military divorce is a little different than a civilian divorce, but many of the same laws and rules do apply. It’s still a good idea to get specialized support so that you know that you’re making decisions based on a real understanding of the way your spouse’s time in the military could impact you during your settlement.]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=468072021-06-04T15:55:06Z2021-06-04T15:55:06ZService Members Civil Relief Act may affect divorce proceedings if your spouse is deployed when you file for divorce. This act helps protect deployed service members from having to worry about, and handle, civil obligations to a divorce while they’re working and deployed. The reason for this act is to let service members to focus in their work without having to worry about missing court dates or having automatic rulings in their spouse’s favor. It’s a protective act, but it does slow down divorces.
The Servicemembers Civil Relief Act provides protection to deployed individuals
This act only applies to those who are deployed and working. It prevents divorce or custody cases from going through court without the deployed military personnel being available unless a court order is established.
Can you take action if you think your spouse isn’t deployed?
If you want to seek a military divorce and believe that your spouse is not deployed, then you should obtain proof. You can do this through the Defense Manpower Data Center database search. Why do this? If you can show that your spouse is not on active duty and that they did not appear for a hearing, then the court may automatically rule in your favor. Every situation is different, but having proof of whether your spouse is or is not deployed is key in some cases.
What can you do if your spouse isn’t available due to deployment?
If your spouse isn’t available because of deployment, then your only option may be to wait for them to return. You can work with your own attorney to put together your case and start your separation while your spouse is away. Once they return from active duty, then you will be able to move forward with the divorce, since they will be available to handle the divorce case without having it influence their military service in a negative way.
]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=467952021-03-23T20:58:22Z2021-03-23T20:58:16ZEstablishing a custody agreement
Creating a custody agreement in a military divorce is virtually the same for military couples as it is for civilian couples. The involved parties have to use the same factors to place children in an environment that will serve the children's best interests.
Additionally, military parents also have to think about how reassignments and deployments will affect children. Some active-duty members may be deployed with little notice, and others may be reassigned to a base in another state or country
Normally, a parent is not permitted to move a child to another state without violating child relocation laws or the established custody order. However, in a military divorce, parents are aware they will possibly move to another state. Because of this, military parents can include provisions for visitation and custody in the event of deployment. It is important to discuss these options with a family law attorney to determine the best way to proceed with the divorce.
Does divorce impact military status?
Theoretically, one parent's active-duty status shouldn't negatively impact custody arrangements. Most jurisdictions require that children be placed with the parent that serves their best interests. So, if it is best for the children to live with the military parent, that is where they will be placed.
In many cases, the military does not allow single parents to enlist; however, a service member may become a single parent after joining the military. If you have children and want to enlist in the armed forces, speak with an experienced lawyer first.
An experienced family law attorney can help families going through a divorce with custody arrangements that are best for the children involved. Speaking with a lawyer as soon as possible can make the huge familial transition a little easier.]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=467942020-12-11T17:54:08Z2020-12-11T17:54:02ZWhen you should expect to receive child support payments
Generally speaking, you'll receive financial assistance if you are a child's primary caregiver. In most cases, this means that the child stays at your house overnight for more than half of a given year. Monthly support payments can be used to help provide your son or daughter with food, clothing and shelter. They can also be used to cover reasonable entertainment, educational or medical expenses. You might also be entitled to child support payments if you earn less than your former partner does.
When you shouldn't expect to receive child support payments
If your former spouse has children from another relationship to care for, it might reduce the level of compensation that you'll receive. The same might be true if you earn significantly more than the child's other parent. In such a scenario, a judge may order you to cover the majority of expenses related to raising your son or daughter.
In the event that a noncustodial parent is jailed, disabled or unemployed for any other reason, he or she may ask that a support order be modified or suspended. If the request is approved, you are unlikely to receive financial assistance.
If you have any questions or concerns about a child support order, an attorney may be able to address them. In addition, an attorney may be able to help you pursue modifications to an existing order. Modifications may be made if there has been a significant change in circumstances since an order was first issued.]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=467932020-08-27T20:39:34Z2020-08-27T20:39:28Zchild custody arrangement with each other and with the children. Parents should keep a few things in mind when initiating these discussions.
It is first necessary to explain to the child that their thoughts and feelings are important even when the parent is in disagreement. When the parent makes this promise, he or she must be willing to hear the child out without interrupting them.
Once the child understands that they are free to speak their thoughts and feelings, they should also understand that rude behavior is not acceptable. The separation of parents is an emotional thing for a child, so parents should make sure the child knows that if they become upset at any time during the conversation, they have the option of taking a break until they feel better.
The parent must attempt to understand the experience through the eyes and heart of the child. Understanding the child's perspective of things is especially important when considering a request from the child to live with the other parent. Parents should also be open with each other about the conversations that each of them have with the child. Parents will enjoy a better start at co-parenting children if everything is out in the open on both sides from the beginning.
Parents should refrain from taking things personally if their child expresses that he or she would rather live with the other parent. In addition, both parents should avoid saying negative things to the child about the other parent.
The breakup of a family is an emotional process that will present difficulties for everyone involved. Individuals with children may find the divorce process to be a smoother with the help of a divorce attorney.]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=467842020-06-05T16:28:56Z2020-06-05T16:28:39ZAnger and manipulation
Parents are supposed to fulfill the emotional needs of their children, but in a parent-child relationship that eventually leads to parental alienation, these roles are reversed. Once the divorce is underway, the child as emotional caretaker of one parent is under a great deal of pressure to accede to that parent's worldview.
A parent who is angry about the divorce may begin to use the child to get back at the other parent. The alienating parent begins to badmouth the targeted parent, and the child feels as though the only option is to go along with it. Among other things, alienating parents may project their own shortcomings onto targeted parents. Eventually, the child might no longer want to live with or visit the targeted parent.
Legal solutions
The ideal solution is for the targeted parent to obtain a court order to have the child live with them and have supervised visitation with the other parent. Afterward, individual therapy for all three plus family therapy can help in restoring healthy relationships. Unfortunately, targeted parents face a number of hurdles. Courts may not be set up to recognize parental alienation, and they may struggle to understand the difference between a child refusing a visit a parent because of it versus because of abuse.
While parents are often able to negotiate an agreement for child custody and visitation out of court, litigation might be necessary in this type of situation. Parents who believe parental alienation is taking place may want to consult an attorney to help in preparation for the custody hearing.]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=460982020-03-27T19:08:25Z2020-03-05T06:00:00ZRemember that mood swings are normal for teenagers
If your child is experiencing mood swings, don't automatically panic. Mood swings are completely normal for teens, and it doesn't mean that you have done anything wrong as a parent. Allow your teen to deal with their emotions, but make sure they know that you are always available to talk with them.
Inform adults in your child's life about the divorce
Other adults that regularly interact with your teen should be notified about the divorce. Perhaps you think it's a good idea to tell the parents of your child's friends, for example. That way, they can watch out for unusual patterns of behavior.
Make sure that your teen has someone to talk to
Your teenager will benefit from being able to talk to a neutral third party about the divorce. Make sure that your child has access to this person — whether it's another member of the family who has a neutral stance and whom they can trust or a professional therapist. Being able to simply talk about the way that they are feeling can help them to process their emotions and move forward.
If you are worried that your child is struggling because of the conflict that has arisen due to the divorce, you should think more seriously about giving your child access to a therapist. By planning your divorce ahead of time, you are less likely to encounter complications.]]>On Behalf of Lynnae Lee & Associateshttps://www.lla-hawaiilaw.com/?p=461012020-03-27T19:08:20Z2019-12-04T06:00:00Zconsidering military divorce rates, studies have found that female Marines have the highest rate.
The different rates
To start with, let's look at the rate for civilians. It typically comes in at about 3.2%. That said, it's not entirely accurate because not all 50 states even get included in that statistic. One that is notably not included is California, with its massive population.
Still, that gives you some idea of what divorce looks like for those not in the military. When you look at members of the military -- of both genders -- you will find that it's nearly the same. It comes in around 3% and perhaps as high as 3.1%.
Female service members
Before you decide that being in the military doesn't make divorce more likely, consider that it really depends on who you are. Gender appears to play a massive role.
Experts note that the rate of divorce for female service members is "much higher" than it is for male service members. In the Army, for instance, the rate is around 275% higher for women.
The highest they found was for women who are in the Marines. Their divorce rate hit 9.9% back in 2010. That was the highest on record, and it remains that way, as the rate has fallen since then. Even so, the most current rate is 7.1%.
That's more than twice as high as the overall rate for the military and as the overall rate for civilians. Clearly, something prompts female Marines to end their marriages at a vastly higher rate than normal.
What is the reason? Some have hypothesized that military policies are to blame. They speculate that the policies don't favor married women. Since these policies do change from time to time, they think that may link to changes in divorce rates.
Your options
No matter what branch of the service you are in, it's important to understand the impact your career can have on your marriage. If you do end up getting divorced, perhaps due to military policies or maybe for other reasons entirely, make sure you know what steps to take, what rights you have and what legal options are open to you.]]>