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13 Feb, 2024
Divorce can be a messy situation, especially when there are children involved. It's not uncommon for one or both parties to feel hurt, angry, or resentful towards each other. Unfortunately, this can lead to conflicts over visitation rights and alimony payments. Many people wonder if they still have to pay alimony if their ex won't allow them to see their kids or if they can stop paying child support if their ex stops visitations. In this post, we'll explore these questions and provide some guidance on how an attorney can help. Firstly, it's important to understand that visitation rights and alimony payments are separate issues in the eyes of the law. If you're ordered to pay alimony by the court, you must continue doing so until the order expires or is modified. Failing to make these payments could result in legal consequences such as wage garnishments or even jail time. Now, if your ex is denying visitation rights without just cause, you may be able to file a motion with the court requesting enforcement of the agreement. Keep in mind that this process can take time, but it's crucial to show that you're making an effort to maintain a relationship with your children. Secondly, child support and visitation rights are also two separate issues. Even if your ex denies visitations altogether, this doesn't mean you're off the hook for child support payments. The court considers these matters independently because it's believed that children should not bear the financial burden of a broken relationship between parents. Therefore, it's essential to continue making child support payments as ordered by the court.  Thirdly, if your ex refuses your visitations without any valid reason (e.g., safety concerns), you may want to consider seeking legal assistance from an attorney who specializes in family law matters. Your attorney can help you file a motion with the court requesting enforcement of visitation rights. Additionally, they can also advise you on how to modify your visitation agreement to better suit your needs. Fourthly, an attorney can also assist you in modifying your alimony payments if there's been a significant change in circumstances. For example, if you've lost your job or experienced a significant decrease in income, your attorney can help you request a reduction in alimony payments. However, keep in mind that this is not an easy process and requires solid evidence to support your claim. Lastly, it's essential to keep communication channels open with your ex as much as possible. While it may be challenging to do so, it's crucial for all parties involved, especially the children. Try to work out visitation schedules that are realistic and fair for both parents and try to avoid conflict whenever possible. In conclusion, visitation rights and alimony payments are two separate issues that should be dealt with accordingly. If your ex denies visitations without just cause or refuses to comply with court orders, seek legal assistance from an attorney who specializes in family law matters. Remember that child support payments must continue regardless of visitation rights. Communication is key when dealing with these matters; try to work out solutions that benefit everyone involved while keeping the best interests of the children at heart.
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18 Dec, 2023
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01 Dec, 2023
Custody battles can be a stressful and emotional time for everyone involved. The outcome of a custody battle will significantly impact the lives of both parents and the child. It is essential to know what to do and what not to do to ensure a favorable outcome for you and your child. In this blog, we will discuss what not to do during a custody battle in West Virginia and how an attorney can help you.  1. Do not use your child as a pawn: During a custody battle, it can be tempting to use your child as leverage against the other parent. It may feel necessary to speak negatively about the other parent in front of your child, but it will only cause more harm than good. Using your child as a pawn can lead to long-term emotional damage and can negatively impact the judge's decision. Always keep the well-being of your child in mind and avoid manipulating them for personal gain. 2. Do not withhold visitation: It's important to abide by the visitation schedule and allow the other parent to spend quality time with the child. Refusing or limiting visitation can suggest to the court that you are not acting in the child's best interest. West Virginia courts require that both parents have the right to build a meaningful relationship with the child. If you have a valid reason for changing the visitation schedule, make sure to discuss it with the other parent or your attorney. 3. Do not refuse to cooperate with the investigation: During a custody battle, the court may investigate various aspects of both parents' lives to determine who is best suited to take care of the child. The investigation may include interviews with teachers, family members, neighbors, and even social workers. Refusing to cooperate with the investigation can signal to the court that you have something to hide. Be honest and transparent throughout the investigation process. 4. Do not violate restraining orders: If the court has issued a restraining order, it is essential to abide by it. Violating a restraining order can lead to criminal charges and damage your case in court. Even if you believe the restraining order is unjust, do not take matters into your own hands. Discuss any concerns with your attorney so that they can take appropriate legal action. 5. Do not try to represent yourself: Custody battles can be complex legal processes, and attempting to represent yourself in court can lead to unfavorable outcomes. A knowledgeable family law attorney can provide guidance throughout the custody battle process, including drafting legal documents, representing you in court, and negotiating a custody arrangement that is in the best interest of the child. A custody battle is a challenging and emotional process for everyone involved. It is essential to focus on the well-being of the child, abide by the court's orders, and seek legal guidance from an experienced family law attorney. Remember, what not to do during a custody battle in West Virginia is as important as knowing what to do. With the right approach, you can ensure the best possible outcome for you and your child.
27 Oct, 2023
Knowing the different types of manslaughter charges, and their respective defenses, are vital for anyone facing a criminal case. At the John J. Balenovich Law Offices, we understand that manslaughter charges can be overwhelming and stressful for our clients. That's why we provide legal assistance to individuals facing such charges in West Virginia. In this blog post, we will discuss the common defenses used in manslaughter cases and how a criminal defense attorney can help you navigate the complexities of your legal case.  Manslaughter is a charge for causing the death of another person, either intentionally or unintentionally but without malice. In voluntary manslaughter cases, the individual waived their right to self-defense, resulting in a violent act that caused the death. On the other hand, involuntary manslaughter cases requires no intention to harm, but instead, a reckless act that led to someone's death. As such, the defenses for manslaughter charges fall into two categories, defenses for involuntary manslaughter, and defenses for voluntary manslaughter. The most common defense for involuntary manslaughter is the defense of accident. If the defendant can prove that their actions were unintentional and that the victim's death was a tragic accident, they may not be found guilty of manslaughter. Additionally, the defense of mistake of fact can also be used when the defendant mistakenly believed that their actions were not harmful. For voluntary manslaughter charges, the most common defense is the defense of self-defense. This defense is based on the belief that the defendant acted to protect themselves from the deceased, who posed a significant threat to their safety. Another common defense for voluntary manslaughter is the defense of provocation, where the defendant's actions were prompted by an act of provocation that would have led an ordinary person to act in the same way. How Can An Attorney Help Me? A criminal defense attorney can help in various ways while facing manslaughter charges. Experienced attorneys understand the nuances involved in the law, criminal procedure, and can provide clients with the necessary guidance to achieve the best outcome. They can review the evidence, explore possible defenses, and provide advice on the most appropriate plea deal or trial strategy. Defense attorneys also communicate with prosecutors, judges, and juries on behalf of their clients, work on negotiation deals with prosecutors and provide emotional support to their clients. Additionally, an attorney can explain the charges against their client, the legal process, and discuss the potential consequences if found guilty. Manslaughter charges can be overwhelming and stressful, but understanding the different types of charges and their respective defenses are necessary. At John J. Balenovich Law Offices, we provide compassionate, individualized legal assistance to individuals facing manslaughter charges in West Virginia. We firmly believe that everyone deserves a fair trial, and we work hard to ensure that our clients have the best possible legal defense. With our legal expertise and dedication, we can help you navigate the complexities associated with your manslaughter case in the most effective way possible.
By John J. Balenovich 29 Sep, 2023
A prenuptial agreement, or "prenup," is a legal agreement that is entered into by a couple before they get married. It outlines how assets and property will be divided if the marriage ends in divorce or death. While many people used to consider prenups taboo, they are becoming more and more common as people understand the many benefits they offer. In this blog, we will explore what a prenuptial agreement is, whether there is a time limit on them, and how an attorney can help. 1. Protecting Your Assets One of the biggest benefits of a prenuptial agreement is that it protects your assets. For example, if you own a business prior to getting married, a prenup can ensure that your spouse will not have a claim to it in the case of a divorce. Additionally, a prenup can address how debts will be divided and who will be responsible for them if the marriage ends. Without a prenup, assets and debts are divided according to state law, which may not always be in your best interest. 2. Providing for Your Children Another benefit of a prenuptial agreement is that it can protect the financial interests of children from a previous relationship. A prenup can specify how assets will be divided to ensure that your children are provided for, even if you get divorced or pass away. Without a prenup, your spouse could potentially have a claim to some of your assets that may be intended for your children. 3. Avoiding Disputes in the Future A prenuptial agreement can also help avoid disputes in the future by clearly spelling out the terms of the division of assets. In the case of a divorce, having a prenup can make the process much smoother and less contentious. Additionally, having a prenup can prevent misunderstandings about financial responsibilities during the marriage. 4. There is No Time Limit on a Prenuptial Agreement There is no specific time limit on when a prenuptial agreement should be signed. While it is ideal to have the prenup signed well in advance of the wedding, it can also be signed on the day of the wedding or even after the wedding. However, the earlier a prenup is signed, the better as it can prevent misunderstandings or disagreements down the road. 5. How an Attorney Can Help An experienced attorney can be a valuable resource when creating a prenuptial agreement. They can help explain the legal requirements of a prenup, help draft a prenup that is legally sound, and make sure that both parties understand the terms of the agreement. Additionally, an attorney can help ensure that neither party feels pressured to sign the prenup and can help mediate disputes, should they arise. While many people may view prenuptial agreements as unromantic, they offer many benefits that cannot be ignored. A prenup can protect assets, provide for children, and help avoid disputes in the future. Additionally, there is no time limit on when a prenuptial agreement can be signed, and having an attorney help can ensure that the agreement is legally sound and understood by both parties. So, if you are considering getting married, it may be worth considering a prenuptial agreement to protect yourself and your family for the future.
By John Balenovich 31 Aug, 2023
Child support is crucial in West Virginia as it helps in protecting the welfare of children whose parents have separated. The court requires the non-custodial parent to provide financial support to ensure that the child maintains the same standard of living they had before their parents' separation. However, circumstances may arise when a parent is unable to meet their child support obligations. If you're in this situation, it's essential to understand the consequences of not paying child support in West Virginia.  1. Legal Consequences of Not Paying Child Support in West Virginia If you fail to pay child support as ordered by the court, several legal consequences may follow, including: • Wage Garnishment: The court may seek to recover the child support arrears through wage garnishment. The employer withholds a portion of the non-custodial parent's income and sends it to the court. • Intercepting Tax Refunds: The court may also intercept the non-custodial parent's state and federal tax refunds to recover child support arrears. • Driver's License Suspension: The Division of Motor Vehicles may suspend your driver's license until you settle your child support payments. • Passport Denial: You can't renew or obtain a passport if you owe more than $2500 in child support. 2. Modification of Child Support Orders If you're unable to pay child support due to a significant change in circumstances, such as loss of employment or disability, you can seek to modify the child support order. Under West Virginia law, you need to show that there has been a substantial change in circumstances that affects your ability to meet your child support obligation. 3. Seeking Help from a Family Law Attorney If you're unable to pay child support, it's essential to speak to a knowledgeable family law attorney. An attorney can help you understand your legal options and your rights. They can also help you seek a modification of the child support order or negotiate a payment plan with the other parent. 4. Enrolling in State Programs The state of West Virginia offers various programs for low-income parents who are unable to pay child support. These programs provide assistance in job training, education, and finding employment. You may also qualify for the state's Child Support Debt Reduction program, which helps low-income parents reduce their child support debt. Child support is crucial in ensuring that children receive the care and support they need. However, there may be situations when a parent is unable to pay child support. In West Virginia, failure to pay child support may lead to legal consequences, including wage garnishment, interception of tax refunds, driver's license suspension, and passport denial. Therefore, it's essential to seek legal help from a family law attorney and explore options such as modification of child support orders or enrolling in state programs. With the right legal guidance, you can get back on track with your child support obligations and provide the necessary support for your child.
By John Balenovich 01 Mar, 2023
For many students, college is a time of experimentation and pushing boundaries. But if lapses in judgment lead to criminal charges, the consequences can be devastating. A drunk driving or assault conviction has long-term consequences that may throw a college student’s life completely off course. If your college-aged son or daughter is facing criminal charges, contact John J. Balenovich Law Offices, LC. I am John J. Balenovich. As a defense attorney and a parent, I know just how important it is to protect a promising college student’s future. I offer experienced legal counsel for parents and college students who have been accused of: Drug possession or drug trafficking DWI or DUI Underage DUI Possession of a fake ID Rape and other sex crimes Assault and battery Vandalism A criminal record can affect a college student’s life for years. One mistake or accident of circumstances should not derail your child’s prospects. Take every possible measure to prevent a criminal conviction from marring your child’s record. John J. Balenovich Law Offices, LC, is here to provide legal guidance through this difficult time. Convictions Have Long-Lasting Effects On Schooling And Careers A criminal record can affect your child’s graduate school placement, career opportunities and reputation. In addition to facing criminal penalties, your child may face repercussions from their college or university. Many schools have their own disciplinary policies in place when students are charged with criminal activity. Depending on the charges and whether the student is convicted, this may include suspension or even expulsion. I can help prevent or mitigate punitive action from your son or daughter’s school. Attention Parents Or College Students Facing Criminal Charges: Contact Us For An Appointment Every parent wants the best for their child, and this means fighting against pending criminal charges. Contact John J. Balenovich Law Offices, LC‘s Charleston, West Virginia, office today to discuss your child’s case with a lawyer. Call  304-909-7800  today.
By John Balenovich 01 Mar, 2023
This blog post is the first in a series that will explain DUI law in West Virginia. So, what is a DUI? Pursuant to West Virginia Code §17C-5-2, a person is guilty of DUI when he/she is driving on a West Virginia road while being in an “impaired state.” For purposes of DUI law, generally, a person is impaired with a blood alcohol concentration (BAC) of .08% or more, or under the influence of drugs, alcohol, or any impairing substance, or combination thereof. Notice I said generally. There are more specific factual situations where different BAC levels trigger the DUI statute. Threshold Questions Driving Under the Influence in West Virginia has two threshold questions. (1) Are you a commercial or non-commercial driver? (2) What is your age? The alcohol levels needed to prove DUI are different depending on how a person answers these two basic questions. In West Virginia, a non-commercial driver who is 21 years or older is considered legally impaired when his/her BAC level is .08 or more. This type of DUI represents the majority of DUIs prosecuted in West Virginia and for purposes of this blog post, we are going to call this type of DUI a “garden variety” DUI. Commercial drivers and people who are driving impaired under the age of 21 have different BAC levels that trigger the DUI statute. Commercial Drivers, generally because of larger nature of the vehicles they drive, have stricter BAC level requirements. Commercial drivers, which includes school bus drivers in this state, are legally impaired when their BAC level is .04 percent or greater, or they are under the influence of drugs. Finally, a person younger than 21 years old in West Virginia is considered legally impaired when his/her BAC measures .02 or more. This is called the West Virginia Zero Tolerance law. Being convicted of DUI in West Virginia is a big deal that can have effects on your personal and professional life. Here at John J. Balenovich Law Offices, LC, we are passionate about fighting for your rights. We know how to challenge the evidence, and we know what’s at stake if you’re facing DUI charges. We want to help you get back on your feet. We have your back. Ready to get started? Call our attorneys at John J. Balenovich Law Offices, LC, today at  304-909-7800  .
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