Domestic Relations DFG

Domestic Relations

Name of Student

Name of Institution

Question 1

Missouri v. Jenkins, 491 U.S.274, 109 S.Ct. 2463, 2471, n.10 (1989) established that tasks carried out by paralegals should be substantive (that is, can be performed in the absence of an attorney). For instance, you can determine the requirements for support and calculate the child support (The Law Cost Management Group, 2014).

Question 2

Guideline 5 of the Model Standards and Guidelines for Utilization of Paralegals permits paralegals to handle a wide range of cases including Child custody matters (Association of Legal Assistants, 2014).

Question 3

No limit is put to the questions you can ask the client during interview. However, some attorneys facilitate the interview through questionnaires, which you may fill hence saving time. You could ask Ms. Mercedes the following questions:

Are you really in a good position to take care of the children if granted custody?

Have you exhausted all possibilities of reconciliation with your husband?

What is your financial position?

Question 4

Ms. Mercedes’ may or may not be eligible. The rule is that the problem presented by the client must be covered by the legal aid policy of the institution. Moreover, the client’s income and assets must be below the institution’s financial guidelines for legal aid. Ms. Mercedes is eligible for legal aid because her income is below financial guidelines. Case: Re Marriage of Brown and Yana (2006) 37 Cal.4th 947.

Question 5

A proof of service is a legal document that must be attached to every paper filed with the court. A confirmation with the clerk’s office revealed that Ms. Mercedes’ husband served the proof of service on 27 September 2014. Ms. Mercedes was served by her husband’s workmate, Mr. Jeremy. Case: Gaetano Lovero v. Joelma Da Silva. No 1547 (Md. Ct. Spec. App. 2011)

Question 6

In Maryland, the rule is that the gross incomes of the father and the mother are combined, with certain allowable deductions such as paid local income tax, and any spousal or child support order for former spouses or other children. The court then works out the child support using the total number of children and the chartered amount of child support. Ms. Mercedes has a monthly income of $300 while her husband has a monthly income of $3500. Therefore, Ms. Mercedes will obtain 95% of the chartered amount. Case: Re Marriage of LeMusga (2004) 32 Cal.4th 1072

Question 7

Guideline 2 of the Model Standards and Guidelines for Utilization of Paralegals does not allow a paralegal to give legal advice or opinion. Therefore, you cannot advice Ms. Mercedes on the matter of her custody chances.

Question 8

A counterclaim is not possible because the duration of 10 days has elapsed. Moreover, Ms. Mercedes is not sure when she was served. Therefore, pleadings are the only way to go. It is a rule under civil procedure law that counterclaims cannot be filed after the lapse of 10 days.

Question 9

Guideline 1 of the Model Standards and Guidelines for Utilization of Paralegals requires paralegals to disclose to the client their status as legal assistants and that they work under attorney guidance. This should be the first thing before any relationship is established with the client.

References

The Association of Legal Assistants (2014). Model Standards and Guidelines for Utilization of

Paralegals. Retrieved 24 October 2014 from HYPERLINK “http://www.nala.org/model.aspx” http://www.nala.org/model.aspx

The Law Cost Management Group (2014). What Paralegals Do (and What Lawyers Shouldn’t

Do). Retrieved 24 October 2014 from HYPERLINK “http://www.lawcost.com/paras.htm” l “family” http://www.lawcost.com/paras.htm#family