Archive for Colorado Lawyer

Family Law Lawyer Colorado Springs Hiring a Lawyer on a Retainer

Lawyers can be expensive, and, in some instances, you may be able to get a lawyer on a retainer fee. A retainer fee is a guarantee that the lawyer will be available to work solely on your case as the need arises. In other words, the lawyer will be on call for you and will be required to turn down other cases as the situation warrants. When you find a lawyer you may need that professional to be on call to work your case or issue exclusively. You should look for a lawyer who has previous experience or is specialized on the type of issue that you need help with says Family Law Lawyer Colorado Springs. That is the easy part because you can get that information from different websites and your state’s bar. So finding the lawyer is always step one, but depending on your issue you may need them to be ready or on call. When that is the case you should try to get the lawyer on a retainer fee. The retainer fee means that the lawyer will always be available for you. That means that other cases will be turned down to give your case priority.

Find a Top Lawyer

First and foremost you should make sure that the lawyer has a proven track record on the type of case or legal issue that you need. Find a lawyer who has experience in the type of law that you need. Many different types of law are practiced, such as elder law, criminal defense, immigration defense, personal injury and contract law. The individual that you plan on retaining should have a proven track record. Most often, however, criminal cases and civil cases are the two areas in which lawyers will work on retainer. That information will be the most important thing that you can find out. Check out their track record with cases that are similar to yours. If there is no track record then you should not pay them a retainer fee. New lawyers may understand some of the latest changes and different tactics where an older lawyer may offer years of experience. There is a chance that they will be a brilliant lawyer in either case. Family Law Lawyer Colorado Springs says part of the research should also include a confirmation that the lawyer is a member of the state’s bar association. If they are not, stay away or better yet report them. Determine if that lawyer is a current member of your state’s bar association. This is achieved by contacting your state’s bar. If he or she is not a member, then report them for the unauthorized practice of law.

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Family Law Lawyer Colorado Springs Hiring a Lawyer on a Retainer

Contact the Lawyer

When you have made up your mind about the lawyer that you want to represent you, make an appointment for more information. During this appointment you will find a lot more information on what their schedule looks like as well as fees for services. Check for the firm’s policies regarding retainer fees, because not all types of law will require a retainer fee states Family Law Lawyer Colorado Springs. The reason that is important is because you need to know the way a retainer fee is paid. Sometimes you will be paying the retainer fee up front as a sort of down payment. Other times the retainer fee will cover some of the services that you need. That means that it may also work as a payment for the lawyer’s time. Contact the lawyer you want to retain and inquire about their fee schedules. Ask him or her what the firm’s explicit retainer policy is. In some instances, certain types of legal services are covered under the retainer fee, or the retainer fee acts as a down payment towards your case. If this is the situation, your legal fees will be subtracted from the retainer and you will be required to make another payment at that point.

It’s Settled

Once you retain a lawyer, no one else can represent you unless you fire your current counsel and hire another attorney. Once the decision has been made to hire the lawyer on a retainer fee you will be asked to fill out some paper work and forms in order to complete the process. When you have completed the forms you will then be required to pay the retainer fee. Most lawyers will allow you to pay the retainer fee in several forms of payment. The usual forms of payment for lawyers are cash, credit cards or checks. You may think that the retainer fee is unnecessary, but it is a huge advantage to you as a client to hire a lawyer on a retainer. That means that all their attention will be placed on your case or legal issue explains Family Law Lawyer Colorado Springs. The expenses that are used to calculate a retainer fee are usually based on the circumstances at that time. The lawyer should be able to give you an idea of what to expect. For example, if your case is filed with the court, you must pay court costs to file the case. You may also be expected to pay the costs for depositions, expert witnesses, long distance telephone charges made by your lawyer on your case, copying charges, courier and postal services, etc. Hiring a lawyer on a retainer fee is more costly than him or her working for you on a standard, hourly or contingency rate. Bear this in mind before retaining an attorney.

Family Law Lawyer Colorado Springs Hiring a Lawyer on a Retainer

 

Family Law Lawyer Colorado Springs: Child Abduction

Child Abduction is the offense of wrongfully removing or wrongfully retaining, detaining or concealing a child or baby. Abduction is defined as taking away a person by persuasion, by fraud, or by open force or violence. There are two types of child abduction: parental child abduction and abduction by a stranger. Parental child abductions are the most common type states Family Law Lawyer Colorado Springs.  When one parent abducts his/her child(ren) from the other parent it is often during or after a divorce action and is meant to circumvent the court or act in defiance of a court order regarding legal custody of the child(ren). Parental child abductions may occur within the same city, within the same state, country, or internationally.

What is Child Abduction?

Child abduction is the abduction or kidnapping of a child (or baby) by an older person. Several distinct forms of child abduction exist: i) A stranger removes a child for criminal purposes: for child sexual abuse, torture, or murder, for extortion, to elicit a ransom from the child’s caretakers. ii) A stranger removes a child, usually a baby, with the intent to rear the child as their own. iii) A parent removes or retains a child from the other parent’s care says Family Law Lawyer Colorado Springs.

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Family Law Lawyer Colorado Springs: Child Abduction

What is Child Abduction Law?

Laws regarding parental abductions vary knows Family Law Lawyer Colorado Springs. In some states and countries this is a criminal offense, but not in all. In many U.S. states, if there is no formal custody order and the parents are not living together, the “abduction” of the child from the other parent is not considered a criminal offense. However, many states have made the abduction of a child across state lines by a parent a crime. Although these terms are often used interchangeably, abduction is generally distinguished from kidnapping, because kidnapping requires the use or the threat of force when taking and/or holding the kidnapping victim. Congress has enacted many civil and criminal laws to address abductions, kidnapping, interstate and international child custody and visitation disputes. The U.S. is also a party to a treaty aimed at resolving international child abduction cases. The National Conference of Commissioners on Uniform State Laws (NCCUSL) drafted the Uniform Child Abduction Prevention Act in an effort to bring state law uniformity to this issue. When a stranger abducts a child, it can be for different reasons: abuse; torture; murder; extortion; ransom; or to raise the child as his/her own. Stranger child abductions are the least common.

Child Passport

The U. S. State Department announced its new policy on the issuance of passports for children under age 14. The Department will no longer issue such passports simply on the application of one parent: either both parents must come in and apply, or there must be a written consent from the other parent to let the child go abroad. Actually, this is the effect of a statute that Congress passed back in 1999, and it was not until June 4, 2001 that the State Department got around to issuing its regulations changing the long-prevailing practice recognizes Family Law Lawyer Colorado Springs.

Family Law Lawyer Colorado Springs: Child Abduction

Family Law Lawyer Colorado Springs on Alimony

Alimony (also called maintenance or spousal support) is an obligation to provide financial support to one’s spouse after separation or divorce. It is established by divorce law or family law in many countries and is based on the premise that both spouses have an absolute obligation to support each other during their marriage (or civil union known as common-law marriages). Alimony is the continuation of this obligation to support after separation or divorce has occurred says Family Law Lawyer Colorado Springs. Alimony Law is defined as a court order which determines the financial obligations one spouse has towards the other following a divorce. Spousal support laws are administered and enforced by state legislation and vary from one state to another.

Types

There are many different types of alimony as listed out in alimony law;  Temporary, Rehabilitation, Permanent, Reimbursement, and Lump-sum Alimony. Alimony is also known as spousal support. Alimony law refers to the payments one spouse gives to the other. Some states refer to this as alimony whereas other states consider it maintenance. Though each may have different names, they are considered the same. As child support guidelines may vary from state to state, so do the guidelines for spousal support.  Family Law Lawyer Colorado Springs will inform you of the spousal support guidelines in your state. Spousal support guidelines will then decide the amount and type of alimony to be received. All states are regulated to allow alimony, yet some courts are reluctant to do so.

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Family Law Lawyer Colorado Springs on Alimony

Circumstances

Alimony can be modified or eliminated as the former spouses’ needs change, if those needs are the result of decisions they made as a married unit. Awards and increases in alimony are meant to address only needs that are caused by the divorce itself, not unrelated needs. If the wife’s elderly mother becomes ill and dependent on her after the divorce, for example, the wife’s need increases, but the increase is unrelated to the divorce and will not increase her eligibility for alimony. However, a significant change in circumstances—such as a rise in the recipient’s income or a drop in the payer’s income—can cause the court to reduce or end alimony says Family Law Lawyer Colorado Springs. Occasionally, courts increase alimony to keep up with inflation. Many courts have indicated that situations such as maltreatment are not valid triggers for alimony. Courts have clarified that allegations of physical or other harm done by one spouse must be brought in a civil lawsuit, to be heard and decided by a jury.

Punitive Damages

In successful cases, compensatory and Punitive Damages would be awarded, not alimony explains Family Law Lawyer Colorado Springs. Even in less egregious cases, alimony is not awarded as a punishment, especially in states that have adopted no-fault divorce laws—that is, laws providing that neither spouse has to prove wrongdoing on the part of the other. Gaps in earning power that tend in general to favor men over women create another situation that many courts believe they cannot resolve using alimony. Such gaps are often the reason married couples decide that if it is appropriate for only one spouse to be the wage earner, it should be the husband. But courts do not base individual alimony awards on this trend alone, in part because an individual spouse cannot be held responsible for social injustices.

Family Law Lawyer Colorado Springs on Alimony