How is Spousal Support Calculated?

By on Aug 3, 2017 in Divorce, Domestic Violence | 0 comments

When you get a divorce, there are numerous areas where there can be disputes between you and your spouse, such as child custody and support, division of property, and perhaps the most controversial of all – spousal support.

According to the website of Higdon, Hardy & Zuflacht, spousal support is complicated than you think, because it is calculated with so many factors in mind. Divorce can be a life-changing experience, and the goal of spousal support is to at least minimize this change in the financial aspect. Below are some of the factors that are considered in spousal support calculations.

Duration of the marriage

If the spouses are married for more than 10 years, spousal support is more likely. A lot can happen in 10 years – a spouse that can be too used with the high standard of living, a spouse that has been away from the job market for a long time because of domestic duties. You name it. A spouse may need support if the sheer duration of the marriage is enough for him or her to not be able to provide properly for himself or herself.

Capacity to earn money

Does the spouse have a source of income, like employment or business? If he or she doesn’t, he or she may be entitled to alimony, especially if this fact has been caused by the marriage anyway. For example, if a spouse has sacrificed his or her job to take care of the house and kids, it is just fair that he or she receives support. Aside from source of income, the very capability to earn is also looked into, including factors such as age, marketability of skills, and medical conditions.

Custody to the child

The future expenses of the spouse are also taken into consideration, especially if there is a child involved. If the spouse has the custody for the child, he or she is, of course, liable to a lot of financial burdens, such as food, education, and shelter. The spouse may need financial support to fulfil this domestic obligation, especially if he or she has limited financial sources.

History of domestic violence

A spouse that has been abused may have physical, emotional, and psychological responses to the abusive acts he or she has experienced, and these responses may be enough to limit his or her capacity to earn money and his or her general enjoyment of life. So, he or she may deserve compensation in the form of spousal support.

When is Assault and Battery considered a Misdemeanor or Felony?

By on Jun 15, 2016 in Criminal Defense, Domestic Violence | 0 comments

Assault is defined as a deliberate act that puts another person in fear of physical harm he or she is about to suffer. Whether actual physically harm was inflicted, the mere fact that the other person was made to fear its possibility is already an act deserving of punishment. Assault, however, is actually nothing more than a threat; infliction of physical harm on another is already referred to as battery.

Assault and battery were treated as separate crimes in the past, with battery referring to “completed” assault. Under modern laws, however, distinguishing between the two crimes is no longer made, so that the term assault alone may already be used to refer to crimes which involve actual physical violence. A person, however, can be convicted of assault without battery. This is the case when someone raises his or her fist in a threatening manner without actually throwing a punch; likewise, a person may be guilty of battery without assault if he or she pushes or punches another from behind.

Assault may be simple (treated as a misdemeanor crime) or aggravated (considered a felony), the latter involving the use of any kind of weapon, the offender shows intent to commit a serious crime, like rape, or if the assault is committed against someone with whom the offender has a relationship. If someone, however, physically harms another using a deadly weapon or with an intent to commit very serious harm, such as murder,, then the charge would be aggravated battery.

Punishment for assault and/or battery vary greatly among states. In some states, a person may face fines plus imprisonment depending on the severity of the offense committed and the offender’s criminal history; stiffer penalties most likely await repeat offenders. There will also be stiffer penalties for those who offend family members, someone living with the offender, or public servant, like a police officer, a paramedic, a firefighter, or a teacher.

The crime of assault and battery falls under the scope of tort law, which allows victims to file a lawsuit in a civil court for the purpose of seeking compensation. Regardless of the charges filed, though, whether criminal or civil, the prosecution, as explained in the website of Brent Horst Attorney At Law, must still prove every element of the crime for the defendant to be convicted. The defendant, on the other hand, can still hope to save himself or herself from being wrongfully accused with the help of a seasoned violent crimes attorney who can review the evidence, how it was collected to probe for weaknesses. The defendant can also be advised by his or her attorney if a plea bargain is an option worth exploring as well as what its consequences will be. While the defendant can choose to delay his or her action in hiring a legal counsel, he or she should understand that longer delays can affect the options they may have in dealing with the case.