San Jose Family Law

By David Siegel
Increase Denied

Trial court properly denied petitioner's request for increased child support. Modification of support is required where there is a substantial imbalance between the supporting parent's capabilities and the child's needs. Where there was sufficient evidence to justify the finding that, since the entry of the original divorce decree, the needs of the defendant's children had increased materially, and the evidence also sustained a finding that defendant was able to pay an increased amount of child support, trial court findings that defendant should pay increased child support was not contrary to the manifest weight of the evidence.

Increase in Child Support

Trial court abused its discretion in failing to comply with 750 ILCS 5/510(a) and 750 ILCS 5/513 of the Marriage and Dissolution of Marriage Act, 750 ILCS 5/510(a) and 750 ILCS/ 5/513, before extending the termination date of a support order to provide child support for an 18 year old until his graduation from high school. The trial court did not abuse its discretion in increasing the amount of child support where the children had grown older and, thus, the court could presume their needs increased, ex-wife testified that as the children were older, they became more involved in school activities, thereby increasing their expenses, husband's financial affidavits indicated he was making a higher salary than he did at the time of dissolution and this was not contradicted, and ex-wife was not making much more money and testified she needed the child support in order to make ends meet. Petitioner clearly established both increased expenses for her daughters and respondent's increased ability to support them; hence, the appellate court found an abuse of discretion in the circuit court's dismissal of petitioner's petition for modification and found that the record supported an increase in child support in an amount calculated pursuant to 750 ILCS 5/505(a).

Minimum Support Guidelines

The guidelines for minimum support in 750 ILCS 5/505 are to be used when considering the modification of a support judgment.

In General

Parties cannot agree to make child support nonmodifiable; child support is modifiable even when combined with nonmodifiable alimony or maintenance. Unlike other final orders, a decree of child support is always modifiable. When a supporting spouse's financial condition improves notably, where there is a discussion suggesting that increases should be made, child support payments may be required to be increased, even though there is no showing that the child's or children's needs have increased specifically where the original support payments did not adequately meet the children's needs. The proper issue before the trial court on a motion to modify child support payments was whether the circumstances of the parties and the children had materially changed since the divorce decree and only if these circumstances have changed since the time of the original decree would a modification of the child support be proper. The modification of child support payments is a judicial function which is to be administered solely by the court and at its discretion. For a case discussing modification of payments for children's education.

San Jose divorce and family law firm handling divorce and family law cases throughout San Jose and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases. http://www.divorce-lawyers-sanjose.com

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Did Aaron (Moses' brother) violated God' Law in Bible versus Quran?

By Dr. Ibrahim Khalil
Was Aaron (Moses' brother) Cursed in the Bible?
Yes, and…
He was Cursed because he had violated God' Law!
And had to be destroyed quickly; and Moses had to kill Aaron together with all the people which followed him!
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The following verses show how Aaron (Moses' brother) had violated God' Law!
The verses say: Do not make any gods, do not make cast idols etc.
But Aaron was idolater; he made the Golden Calf, built an altar for it and announced to worship it; and hence he violated God' Law!

Exodus 20:3 (New International Version)
You shall have no other gods before me.

Exodus 20:23 (New International Version)
Do not make any gods to be alongside me; do not make for yourselves gods of silver or gods of gold.

Exodus 34:17 (New International Version)
"Do not make cast idols.

Leviticus 19:4 (New International Version)
Do not turn to idols or make gods of cast metal for yourselves. I am the LORD your God.

Deuteronomy 5:7 (New International Version)
You shall have no other gods before me.

Deuteronomy 6:14 (New International Version)
Do not follow other gods, the gods of the peoples around you;

Deuteronomy 28:14 (New International Version)
Do not turn aside from any of the commands I give you today, to the right or to the left, following other gods and serving them.
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The following verses show how Aaron (Moses' brother) is cursed because he did a thing detestable to the LORD!

Deuteronomy 11:28 (New International Version)
The curse if you disobey the commands of the LORD your God and turn from the way that I command you today by following other gods, which you have not known

Deuteronomy 27:15 (New International Version)
Cursed is the man who carves an image or casts an idol—a thing detestable to the LORD, the work of the craftsman's hands—and sets it up in secret." Then all the people shall say, "Amen!"
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The following verses show how Aaron (Moses' brother) had to be destroyed quickly

Exodus 22:20 (New International Version)
Whoever sacrifices to any god other than the LORD must be destroyed.

Deuteronomy 7:4 (New International Version)
For they will turn your sons away from following me to serve other gods, and the LORD's anger will burn against you and will quickly destroy you.

Deuteronomy 8:19 (New International Version)
If you ever forget the LORD your God and follow other gods and worship and bow down to them, I testify against you today that you will surely be destroyed.
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The following verses show that Moses had to kill Aaron together with all the people which followed him!
The Lord in the following verses Commanded Moses:
If you hear that a man has arisen and has led the people astray, saying, "Let us go and worship other gods", you must certainly kill him and all the people which followed him!
However, Moses never did that.
Does this mean that Moses also had violated God' Law; and he had thrown away the Lord's Commandment!

Deuteronomy 13:12-18 (New International Version)
12 If you hear it said about one of the towns the LORD your God is giving you to live in 13 that wicked men have arisen among you and have led the people of their town astray, saying, "Let us go and worship other gods" (gods you have not known), 14 then you must inquire, probe and investigate it thoroughly. And if it is true and it has been proved that this detestable thing has been done among you, 15 you must certainly put to the sword all who live in that town. Destroy it completely, both its people and its livestock. 16 Gather all the plunder of the town into the middle of the public square and completely burn the town and all its plunder as a whole burnt offering to the LORD your God. It is to remain a ruin forever, never to be rebuilt. 17 None of those condemned things shall be found in your hands, so that the LORD will turn from his fierce anger; he will show you mercy, have compassion on you, and increase your numbers, as he promised on oath to your forefathers, 18 because you obey the LORD your God, keeping all his commands that I am giving you today and doing what is right in his eyes.

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Was Aaron (Moses' Brother) Cursed in the Noble Quran?

Was Aaron Cursed in the Quran? NO
Did Aaron violated God' Law in the Quran? NO
Did Aaron deserve to be destroyed quickly in the Quran? NO
Did the Lord Command Moses to kill Aaron in the Quran? NO

Aaron was a prophet, all Muslims love and respect him very much.
It should be emphasized that anyone who says or believes that Aaron or any other prophet was idolater; he will be punished severely on the Day of Judgment and he will dwell in the Eternal Fire!
Anyone says or believes that Aaron was idolater, Cursed, violated God' Law or deserved to be destroyed quickly etc. he will dwell in the Eternal Fire!
But who made the Golden Calf to beguile the Israelites?
This is another story, in the upcoming article!
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What the Western Media would have said if the Quran was the book which says Aaron (Moses' brother) was idolater, cursed, violated God' Law or deserved to be destroyed quickly etc.?
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Back to the main issue of my series of articles; this is my question to you smart readers: "Is the Quran quoted from the Bible?"


About the author:
Professor Dr. Ibrahim Khalil
Prof. of Clinical and Chemical Pathology,
Head of Clinical Microbiology and Infection Control Unit,
Ain-Shams University., Egypt.
And, President of The Egyptian Society of Inventors.
Member of the Egyptian union of Writers


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Understanding How Divorce Law Works

By Jon Arnold
In the case where you are considering divorce, almost regardless of the reasons behind your decision, it is important that you be aware of just what is involved in obtaining a divorce in the US.

In general, the laws of each state set out specific reasons for a divorce which have to be proven before the court is allowed to grant it. This can be under a no-fault heading, an all-fault heading, and a summary heading. In recent years some less adversarial ways to approach to divorce settlements have emerged, like mediation and collaborative divorce, to negotiate mutually acceptable resolutions to conflicts for a couple.

At-fault divorces were originally the only way to dissolve a marriage, and people who had differences or problems were only able to separate, and were prevented from legally remarrying afterward. The state of New York is the only one which still requires fault to obtain a divorce. In an at-fault divorce, one party usually brings divorce proceedings against the other due to some breech of marriage regulations like adultery, abandonment or cruelty.

Comparative rectitude is the name given to a doctrine used to determine which spouse is more at fault in divorce proceedings when both spouses are found to be guilty of breaches. This kind of divorce can affect the distribution of property, and will allow an immediate divorce, especially in states where there is a waiting period required to obtain a no-fault divorce. A defense for this type of divorce can turn out to be expensive and is not usually practical since most divorces are eventually granted anyway, especially when a society comparable to that in the US is not interested in forcing people to remain married any longer. Remember, marriage in the US also has legal ramifications, so if you do not want to be married anymore, you need to get divorced, it is much more than simply taking the mental attitude of no longer being married.

Under a no-fault divorce set of rules, a marriage partner does not need to show that the other marriage partner did anything, or was at fault in order to obtain a divorce. Many common reasons for no-fault divorce can be incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. In the United States, currently 49 states have adopted no-fault divorce laws.

In states that grant no-fault divorces, there may be a waiting period of up to a year before the divorce is considered final. Other requirements include mandatory counseling to see if reconciliation can be achieved if one party does not agree to the divorce, either dependent on an amount of time set by the court, or for a predetermined amount before the divorce may even be applied for,

A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain requirements for eligibility, or can agree on important issues beforehand like if it was a marriage lasting under 5 years, there were no children (or, in some states, the couple have resolved custody and set payments for child support), there was minimal or no real property (there was no mortgage on a house or condo), the property owned by the married couple is under a threshold (around $35,000, not including vehicles), and the personal property of each spouse is under a set threshold (typically the same amount as marital property). A simple divorce where both couples agree on how the divorce should be handled and assets divided is also known as an uncontested divorce.

It is estimated that in the US upwards of 95% of all divorces are uncontested, since the two parties are able to come to an agreement (with or without lawyers/mediators) about the property, children and support issues. When the parties are able to agree and present the court with a fair and equitable agreement, approval of the divorce is almost certain. In the case where the two partners cannot come to an agreement, they may ask the court to decide how to fairly split property, deal with children and custody issues, and so forth.

Residency requirements to file for a divorce vary from state to state. In some states, like Colorado, residency requirements are very liberal to accommodate military personnel who have to move often for tours of duty, while other states, like New York, require that you live in them for a minimum of a year with the intention of making this your permanent state of residence. A spouse may separate, move to a state with divorce laws of their choice, establish residency, and file. However, this typically does not change the state in which property and other issues are decided, and it is possible for a court to decide not to hear a petition for divorce if it decides that it does not have legal jurisdiction to do so based on residency issues.

A final consideration to be made when considering where/if to file for divorce is the laws concerning the distribution of property and division of assets. States like Alabama are considered to be an “equitable distribution” state which means that all property acquired during the marriage is divided equally among the two parties. In other states, like California, assets can be awarded to a spouse from the other based on economic need, and in still others, like Alaska, even though it is an equitable distribution state, in some jurisdictions in the state, women have little or no rights to marital property. In some states, alimony is awarded to the stay-at-home spouse, where in others, alimony is paid by the spouse making the most to the spouse making the least, despite the one needing to get child support because they have actual custody.

About the author:
For more insights and additional information about Divorce Law please visit our web site at http://www.my-divorce-guide.com

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