Family Law

At the Law Offices of Erica M. Foster, we believe that the family unit is the primary building block of our society. We understand the importance of family, and as part of our continuing commitment to the community as a whole, we are committed to helping maintain the integrity of family during times of transition.

• Alimony
• Child Custody and Visitation Issues
• Enforcement and Modification Proceedings
• Divorce
• Paternity

Alimony is also sometimes called spousal support. It's designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony is different from child support. Where child support is a simple mathematical calculation using guidelines published by your state, alimony is very much in the discretion of the judge.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

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In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate.

Custody and visitation are considered at the same time since the factors and circumstances taken into consideration by the court in making these determinations are essentially the same. The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. The custodial parent's right to be with the child is often subject to the non-custodial parent's right to visit with the child.

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