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Domestic Relations
Domestic Relations
Student’s Name
Institutional Affiliation
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 an interview. However, some attorneys facilitate the interview through questionnaires, which you may fill hence saving time.
Question 4
Ms. Mercedes’ may or may not be eligible. The policy of eligibility looks at the client’s total earnings and the value of the client’s property and assets.
Question 5
A proof of service is a legal document that must be attached to every paper filed with the court. Without it, the court cannot proceed with the case. It does not matter whether the server handled the service by himself or through a process server. He is responsible for filing a proof of service with the court. This document determines how and when the parties were served, including their names and addresses.
Question 6
The Guidelines for Child Support Calculator are useful to determine the actual amount of child support a court may order. The calculator requires details such as tax information, monthly income information, and monthly child support information, which the client should give you. However, the Judge has the final authority to declare the amount of child support.
Question 7
In determining who gets custody, all courts use the standard of “best interests of the child,” which depends on several factors such as parent’s ability to feed, clothe, educate and give the child medical care. Based on Ms. Mercedes’ low income, chances are high that she will be denied custody.
Question 8
A counterclaim is not possible because the duration of ten days has elapsed. Moreover, Ms. Mercedes is not sure when she was served. Therefore, pleadings are the only way to go.
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 http://www.nala.org/model.aspxThe Law Cost Management Group (2014). What Paralegals Do (and What Lawyers Shouldn’t
Do). Retrieved 24 October 2014 from http://www.lawcost.com/paras.htm#family
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