It is expected that the courts in Hong Kong will follow the lead of the English courts concerning prenuptial agreements. That opinion was reflected in the recent Hong Kong case of SA formerly known as SA v. SPH [2011] HKCFI 1649; HCMC1/2011 (10 Nov.2011). The current state of English law on prenuptial agreements may be found in the ruling of the UK Supreme Court in Radmacher v. Granatino. There the court ruled on preliminary matters in a divorce case between German nationals whose matrimonial residence had been in Hong Kong. The issue concerned the effect of a prenuptial agreement and also a…
Family Law
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Most Topular Stories
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Hong Kong Prenuptial Agreements
International Family Law24 Jan 2012 | 3:44 pm -
Are South Carolina Couples Done Saying "I do?" Not Necessarily Says One Expert
South Carolina Family Law Blog26 Jan 2012 | 7:00 amAs of 2010, married couples had fallen to barely 51% of U.S. households, according to the Pew Research Center, with a full 5 percent drop in new marriages between 2009 and 2010 alone. The data for last year isn’t yet in, but if the decline continues then less than half of all adults will be married. Does this mean that marriage as we know it is dying? Not necessarily, according to Stephanie Coontz, a professor at Evergreen State College. Coontz’s most recent book is "A Strange Stirring: The Feminine Mystique and American Women at the Dawn of the 1960s." The… -
Oklahoma family posts 'Save Veronica' fliers during trip to Charleston - Charleston Post Courier
family law news - Google News28 Jan 2012 | 6:21 amOklahoma family posts 'Save Veronica' fliers during trip to CharlestonCharleston Post CourierBrown won custody of Veronica under the Indian Child Welfare Act, a federal law designed to preserve Native American families. The case now rests in the SC Supreme Court. James Arnold is a friend of Veronica's birth mother, a woman who selected the and more » -
Regardless of How Retirement Accounts and Pensions Were Equitably Distributed in Your Divorce, You May Be Entitled to Greater Social Security Benefits – Based on Your Ex’s Earnings if They Were Higher
Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach23 Jan 2012 | 2:51 pmHere’s a tip worth repeating for people who divorce relatively early in life, when retirement seems far off and is often out of mind. If you are the spouse who earned less income, you may be able to collect some more social security based on your ex’s greater earnings and social security benefits. Specifically, you may be entitled to half of your ex’s benefits. You may even be able to collect six months’ worth of your share of their benefits for six months retroactively. And, if you outlive your ex, you may be entitled to collect their full benefit. All provided you… -
Collaborative Divorce and The Rhythm of Love (Marin Style)
Collaborative Divorce Newsblog25 Jan 2012 | 11:45 amThe Rhythm of Love (Marin Style) -We lawyers are very familiar with the statistics--nearly everywhere where divorce is freely available, half of all marriages, more or less, will end in divorce. The statistics are even more daunting where I live and work, Marin County, California, where 57% of all married people can expect to experience at least one divorce.For its Valentines' Day issue, Marin Magazine (an excellent glossy publication that provides a clear window on contemporary life in a locale that used to be known for its hot tubs and peacock feathers back in the '70's) has published…
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South Carolina Family Law Blog
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Are South Carolina Couples Done Saying "I do?" Not Necessarily Says One Expert
26 Jan 2012 | 7:00 amAs of 2010, married couples had fallen to barely 51% of U.S. households, according to the Pew Research Center, with a full 5 percent drop in new marriages between 2009 and 2010 alone. The data for last year isn’t yet in, but if the decline continues then less than half of all adults will be married. Does this mean that marriage as we know it is dying? Not necessarily, according to Stephanie Coontz, a professor at Evergreen State College. Coontz’s most recent book is "A Strange Stirring: The Feminine Mystique and American Women at the Dawn of the 1960s." The… -
Tips on Surviving Financial Infidelity
24 Jan 2012 | 7:00 amDivorce can result from many things, but financial reasons are chief among the causes. Most people have made purchases outside your agreed upon budget then lied to hide the evidence or made purchases without clarifying just how much the totals came to. Making decisions to put you and your spouse at financial risk can create trust problems that could ultimately lead to divorce down the road. The best way to avoid these problems is to keep the lines of communication open and to talk candidly with your significant other about your finances. Suzanna de Baca of the Huffington Post offers the… -
Can Divorce Lawyer Be Forced to Testify in Client's Ex-Husband's Murder Trial? Maybe
23 Jan 2012 | 7:00 amAn article on ABAJournal.com discussed how one Georgia Court was recently forced to answer a grim question: can a lawyer representing a murder defendant's wife be required to testify in the husband's criminal trial? A judge must now answer that question after hearing arguments regarding a motion to quash a witness subpoena for the wife’s attorney Esther Panitch. Though it’s still the case that any information gathered by Panitch for the purpose of providing legal advice will remain confidential due to attorney-client privilege, the husband’s counsel argues Panitch has… -
While Some States Slow Down Divorce, Others Put the Pedal to the Metal
19 Jan 2012 | 7:00 amAs we mentioned in a post last week, some states have made a move toward lengthening their divorce process in the name of looking out for the best interest of children. New Jersey is evidently not as concerned with such things. In fact, New Jersey is set to become the East Coast version of Vegas. Legislation is currently sitting on New Jersey Governor Chris Christie’s desk which would turn this into a reality. The bill, if signed, would make it easier to get married in the state and would also expedite the process of getting a divorce. The bill was passed by both houses of the New… -
Think Breaking Up is Rough? New Study Confirms Divorce Can Kill
17 Jan 2012 | 7:00 amAccording to a recent article on HuffingtonPost.com, A new study entitled “Divorce and Death” appearing in “Psychological Science” shows that failed marriages can actually kill at the same rate as smoking cigarettes. Results were shocking as numbers showed that the risk of dying is a full 23% higher among those that have gone through a divorce than married people. Researchers were stunned as they did not believe life expectancy would be slashed to ages comparable with smokers, heavy drinkers, and the obese. Study authors David Sbarra and Paul Nietert make sure to point…
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family law news - Google News
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Oklahoma family posts 'Save Veronica' fliers during trip to Charleston - Charleston Post Courier
28 Jan 2012 | 6:21 amOklahoma family posts 'Save Veronica' fliers during trip to CharlestonCharleston Post CourierBrown won custody of Veronica under the Indian Child Welfare Act, a federal law designed to preserve Native American families. The case now rests in the SC Supreme Court. James Arnold is a friend of Veronica's birth mother, a woman who selected the and more » -
Standing Up for Families group defends NH's same-sex marriage law - Foster's Daily Democrat
28 Jan 2012 | 2:25 amStanding Up for Families group defends NH's same-sex marriage lawFoster's Daily DemocratEditor's note: The bipartisan organization Standing Up For New Hampshire Families sat down with Foster's Daily Democrat on Friday for an editorial board meeting to explain the negative consequences of repealing New Hampshire's same-sex marriage law. -
Gay Divorce: How the Collaborative Family Law Model Can Help Parting LGBT Couples - Huffington Post
27 Jan 2012 | 6:41 pmCenter For American ProgressGay Divorce: How the Collaborative Family Law Model Can Help Parting LGBT CouplesHuffington PostAs a practicing family lawyer who has been married for 36 years, I have often reflected on how legally imposed rules and structure can support and preserve a marriage. And those of us active in the legal world of family law are constantly reminded that Anti-Gay Laws Hurt The Children Of LGBT AmericansLez Get RealThe Changing Reality of the American FamilyCenter For American Progressall 5 news articles » -
Palestinian families denied rights by Israel's racist marriage laws - The Electronic Intifada
27 Jan 2012 | 1:55 pmThe Electronic IntifadaPalestinian families denied rights by Israel's racist marriage lawsThe Electronic IntifadaBecause the law is temporary it can be amended by the Knesset. In 2006, the Israeli high court found the law unconstitutional because it denied citizens — namely Arab citizens — the right to family life. However, the court stopped short of striking and more » -
Court Won't Suspend Task Force's Work on Pro Se Divorce Forms - Texas Lawyer
27 Jan 2012 | 1:45 pmCourt Won't Suspend Task Force's Work on Pro Se Divorce FormsTexas LawyerDrafting of the forms has stirred concerns for some family law attorneys. More than 20 people spoke during the public comments period at the Bar's Jan. 20 board meeting, with the vast majority of them stating their opposition to the court adopting the Some Family Lawyers Oppose Creating Divorce FormsTexas TribuneTexas do-it-yourself litigants need helpSan Antonio ExpressDivorce forms a step closer to realityAustin Newsall 9 news articles »
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Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach
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Regardless of How Retirement Accounts and Pensions Were Equitably Distributed in Your Divorce, You May Be Entitled to Greater Social Security Benefits – Based on Your Ex’s Earnings if They Were Higher
23 Jan 2012 | 2:51 pmHere’s a tip worth repeating for people who divorce relatively early in life, when retirement seems far off and is often out of mind. If you are the spouse who earned less income, you may be able to collect some more social security based on your ex’s greater earnings and social security benefits. Specifically, you may be entitled to half of your ex’s benefits. You may even be able to collect six months’ worth of your share of their benefits for six months retroactively. And, if you outlive your ex, you may be entitled to collect their full benefit. All provided you… -
Divorce and Stress
20 Jan 2012 | 10:02 pmDivorce causes stress. But divorce often is the result of stress as well. Including external stresses. A report has recently come out ranking the largest fifty US metropolitan areas according to how stressful each is to live in. The criteria that factor into the ranking include extent of: divorce unemployment violent crime property crime suicides alcohol consumption mental health sleep troubles commute times and cloudy days Each of the stress-ranking criteria (including divorce rate but excluding number of cloudy days) would seem to be directly impacted by the recession and weakened state… -
Honey, I Want a Divorce … and I Want to Have a Child With Our Frozen Embryo
17 Jan 2012 | 8:12 amHusband and Wife want to have a baby. They resort to in vitro fertilization and freeze some of the embryos created for possible future use. Husband’s and Wife’s marriage breaks down. They are divorcing. What happens to their frozen embryos? Or, more precisely, which spouse gets to decide what happens to their frozen embryos? To some extent, that depends on which state the couple live in. The case law, to the extent that there is state case law, goes every which way. Prudence may suggest coming to an agreement on this issue before going down that road. That may be done as part of a… -
Divorce With a Special Needs Child
7 Jan 2012 | 7:14 pmDivorce and child custody can be particularly complex when the separating couple has a minor child with special needs. For many divorcing and separating parents of special needs children, not only are they new to the law governing divorce and child custody, but also the complex patchwork quilt of state and federal laws that may impact their special needs child’s long-term financial and legal future, into their adulthood … And the special measures, far beyond the Individual Education Plan (IEP) their child may have, that they, as parents of special needs children, may need to take… -
Golden Years Marriage Planning
3 Jan 2012 | 10:30 pmGetting married later in life is generally more complicated. Each spouse is more likely to have kids, assets, debts and health issues. Accordingly, couples should reach agreement on the following matters before tying the knot: how will expenses be shared / paid which spouse will provide medical insurance, and how will it be paid for to whom will each spouse leave their assets upon their death should each spouse’s life / estate planning documents (wills, living trusts, powers of attorney, health care surrogates, etc.) be changed should designations of beneficiaries of each spouse’s…
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Collaborative Divorce Newsblog
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Collaborative Divorce and The Rhythm of Love (Marin Style)
25 Jan 2012 | 11:45 amThe Rhythm of Love (Marin Style) -We lawyers are very familiar with the statistics--nearly everywhere where divorce is freely available, half of all marriages, more or less, will end in divorce. The statistics are even more daunting where I live and work, Marin County, California, where 57% of all married people can expect to experience at least one divorce.For its Valentines' Day issue, Marin Magazine (an excellent glossy publication that provides a clear window on contemporary life in a locale that used to be known for its hot tubs and peacock feathers back in the '70's) has published… -
Coming up: Collaborative Master Class in Pittsburgh
19 Jan 2012 | 12:59 amJoin me and Woody Mosten in Pittsburgh for a three-day Master Class, on February 2-4, 2012. The class was last presented in St. Louis, with rave reviews. For information, or to register, contact: Mark Gubinsky <mark@gubinskylaw.com>Here is the agenda for the three-day program: BECOMING A FULL-TIME COLLABORATIVE PEACEMAKERFor more information about Collaborative Divorce, check out: www.teslercollaboration.com and www.collaborativedivorcebook.com -
Possibly Harmful Effects on Lawyers of Observing Judges Treating Colleagues Disrespectfully?
19 Jan 2012 | 12:15 amAccording to a new study, workers who witness incivility towards colleagues feel negative emotions - especially when the incivility is aimed at workers of the same sex. The work, by Kathi Miner from Texas A&M University and Angela Eischeid from Buena Vista University, Iowa, is the first to look at the relationship between employees' observations of incivility towards same gender co-workers and negative emotions. It is published online in Springer's journal Sex Roles. Workplace incivility is commonplace and violates conventional workplace norms for mutual respect. It also displays a… -
Heart attack risk rises after loss of loved one
19 Jan 2012 | 12:08 amA person's risk of suffering a heart attack increases by approximately 21 times in the first 24 hours after losing a loved one, according to a study lead by researchers at Beth Israel Deaconess Medical Center. While the Deaconess study dealt with death of a loved one, the intense feelings of grief, depression, anxiety, and anger also accompany an unexpected or unwanted divorce. The recommendations in the study presumably apply to divorcing clients as well as the bereaved.The study published Jan. 9 online in the journal Circulation found the risk of heart attack remained eight… -
A holiday gift: mentoring or consultation sessions
12 Dec 2011 | 10:40 amWhen Peggy Thompson, Lisa Schneider, and I offered a revamped three-day basic team training in Birmingham, Alabama this fall, we incorporated quite a bit more practice group development material than is customary in a basic event. The training ended with a module in which participants formed ongoing study groups and were given the assignment to have at least two meetings before the end of 2011. We provided study group agenda ideas and guidance about how to do it. Setting up mechanisms that support using the new understandings and techniques learned in a training right…
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Family Law Prof Blog
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The Benefits of Marriage
28 Jan 2012 | 3:35 amA new study suggests that marriage does not necessarily provide more or better benefits than other romantic relationships. From UPI: "We found that differences between marriage and cohabitation tend to be small and dissipate after a honeymoon period. Also while... -
Call for Papers: Hofstra Immigration and Family Law Symposium
27 Jan 2012 | 1:29 pmCall for Papers: Nov. 2012 Immigration/Family Law Symposium In November of 2012 Hofstra will be hosting a symposium on the interplay between immigration issues and family courts’ obligations to serve families and children. We are currently soliciting papers for publication... -
30-Year-Old Divorce Ends
27 Jan 2012 | 3:20 amFrom the Times of India: NEW DELHI: They were together for less than a day yet fought a prolonged battle for over 30 years to get rid of each other. The Delhi High Court on Monday brought down the curtains... -
Baker: "The Failure and Promise of Equity in Domestic Abuse Cases"
27 Jan 2012 | 12:20 amJeffrey Baker (Faulkner Univ. Jones School of Law) has posted "The Failure and Promise of Equity in Domestic Abuse Cases" on SSRN. Here is the abstract: In a generation, American law has experienced dramatic reforms in response to domestic abuse.... -
Divorce Linked to Earlier Death, Like Cigarettes
26 Jan 2012 | 4:11 amFrom MSN: Better to have loved and lost than never loved at all? Er, maybe not. A new study entitled "Divorce and Death" appearing "Psychological Science" shows that broken marriages can kill at the same rate as smoking cigarettes. Indications...
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Missouri Divorce and Family Law Blog
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Missouri Supreme Court Increases Maximum Child Support Overnight Credit
24 Jan 2012 | 2:52 pmThe Missouri Supreme Court has recently issued an order that, effective, January 1, 2012, increases the maximum allowable Form 14 child support overnight credit to 50%. Specifically, on the Form 14, which is Missouri's child support calculation formula, the non-custodial (paying) parent is given a credit for the number of overnights that parent spends with the child. The default amounts for periods of overnights totaling 109 or fewer annually remain unchanged, but for total overnights that exceed 109 per year, the allowable credit has been increased from the… -
December Courts Bulletin: Recent updates in Missouri Case Law
30 Dec 2011 | 2:49 pmValue of a closely-held corporation must be as fair market value and application of a calculation of value via a buy-sell agreement not related to fair market value is error. Wood v. Wood, No. 96218 (Mo. App. W.D., November 29, 2011), Romines, J. This was an appeal from a dissolution of marriage action. The Husband appealed the decision on several grounds, but it comes down to his challenge of the valuation of his 30% interest in a closely-held corporation. Both parties had an expert testify as to the value. Wife’s expert testified as to value based upon a buy-sell agreement formula… -
Courts Bulletin: Recent developments in Missouri Family Law
28 Nov 2011 | 2:57 pmAdministrative child support orders are available for the support of all eligible children, including children of citizens of other countries. Lajeunesse v. State of Missouri Department of Social Services, No. 73477 (Mo. App. W.D., October 4, 2011), Martin, J. A child was born to a Russian citizen in West Virginia. Father was a Missouri resident and a support order was sought for the child through the Department of Social Services (DSS), which established paternity and Father’s financial responsibility for support. Mother and child now live in Russia. The Father filed a petition… -
Case Law Update: No Prejudice from Deficient Relocation Notice
14 Nov 2011 | 12:27 pmMissouri statute requires that a parent relocating with a child give notice to the other parent. Receipt of notice starts the 30 day time limit to file a motion to bar the relocation. A deficient notice does not, alone, provide grounds to modify custody and visitation. In this case, the notice was deficient, but the motion was timely, so no prejudice resulted. The Record includes evidence to support findings on child’s best interest so Court of Appeals defers to circuit court. Henry v. Henry Missouri Court of Appeals, Southern District - SD30897 Source: Missouri Bar -
Spousal Maintenance (Alimony) in Missouri: When Granted, Duration, Termination, Modifcation.
15 Oct 2011 | 10:55 amSpousal maintenance, formerly known as alimony, can be awarded to either spouse in Missouri divorces. To support the award, the Court must find that the spouse seeking maintenance (1) lacks sufficient property, including marital properly awarded, to meet their reasonable needs, and (2) the spouse is unable to support themselves through appropriate employment OR is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. The spouse seeking maintenance must be able to demonstrate a need for…
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Divorce Discourse
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Turn Emptying Your E-mail Inbox Into a Game
27 Jan 2012 | 6:30 amLet’s face it: dealing with e-mail is a nightmare. It’s kind of like taking out the garbage: it’s never finished. You dig through it and delete, delete, delete. Finally, your inbox is empty. You relax, play a little World of Warcraft, and the next thing you know, your e-mail inbox is full again. It’s a nightmare! What if you could turn the processing of e-mail into a game? What if cleaning out your inbox was as much fun as Tetris? The Email Game does exactly that: it makes processing e-mail fun (in a geeky lawyer sort of way). It turns a pretty boring task into… -
What’s the Future of Family Law?
26 Jan 2012 | 6:30 amI’m filled with anxiety about the future of family law. It’s changing, and I wonder whether it’s going to cease to exist. It certainly won’t look the same in the near future. Between the document preparation services, online dispute resolution options, non-lawyer ownership of law firms, the flood of new attorneys and resulting price competition, the decreasing desire of the market to involve lawyers in their lives, and the negative perceptions of family law attorneys, I wonder whether we’ll still be here 10 years from now. Or five years from now. Things are… -
How Can You Find the Time?
25 Jan 2012 | 6:30 amWe once had a lawyer, I’ll call her “Joyce” (since that’s her name), who worked in our firm. It was many years ago, and she was older than the rest of us. She was married and had a kid. Most of us weren’t married and didn’t have kids. We lived in a very different mental space from Joyce. Joyce got to the office at 8:30 and left at 5:30. The rest of us got in early and stayed really, really late. It wasn’t unusual to find some of us hanging around at 10 or 11. Joyce sat down at her desk and 8:30 and got busy. She cranked through the work hour after… -
You Can’t Make Everybody Happy, and You Shouldn’t Try
24 Jan 2012 | 6:30 amI’ve got a regular reader here who hates the pop-up ads we’ve been using to generate sign-ups for our email list. I’m sure she represents some significant portion of my readership. She has complained several times directly and via Twitter. It just so happens that we’ve stopped using the pop-ups (so there’s no reason for you to jump on the bandwagon in the comments). The reason we used the pop-ups is that they worked. They have been amazingly effective at adding subscribers. We stopped using them to test a different approach, which you may be viewing right now… -
Did the Employee You Fired See it Coming?
23 Jan 2012 | 6:30 amWe fired an employee a few weeks ago. She never saw it coming. She was truly surprised that she got the axe. I’ve noticed that the people we fire rarely see it coming. I’ve always thought they were kind of clueless. Recently, however, I recognized that their surprise is not evidence of their cluelessness. Their surprise is evidence of our incompetence as managers. We are dropping the ball. They shouldn’t be surprised. If we were doing our job as managers, they’d see it coming. They see it coming really clearly and in vivid colors! It’s our job to show them what…
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UPDATES IN MICHIGAN FAMILY LAW
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Nag, nag, nag, nag, nag
26 Jan 2012 | 5:06 pmMy family law colleagues are all talking about yesterday's column in the Wall Street Journal about nagging as a source of toxin to marriage. Meet the Marriage Killer: It's More Common Than Adultery and Potentially As Toxic, So Why Is It So Hard to Stop Nagging? By Elizabeth Bernstein for the Wall Street Journal -
Emotional Abuse During Divorce: Coping With a Narcissist . . .
24 Jan 2012 | 7:14 pmA client sent me a link today to an article that seems very appropos in many divorces where domestic abuse, including physical, emotional and economic abuse are occurring. Often, it's not until the divorce is in progress that an abused spouse will recognise or acknowledge the abuse. Some of the worst abuse come from a narcissist. -
Mississippi Governor Pardons Spouse-Murderers upon Leaving Office
12 Jan 2012 | 5:54 amGovernor BarbourMississippi Governor Haley Barbour is leaving office today, and he's done something to ensure that a certain group will never forget him. People whose family members were murdered now have to live with the knowledge that their loved one's killer is on the loose because Barbour decided to pardon several inmates, including many who killed their wives and girlfriends. -
P.T.S.D. Affects Returning Service Members | Help Available
11 Jan 2012 | 3:01 pmFor thousands of combat veterans, driving has become an ordeal. Once their problems were PTSD viewed mainly as a form of road rage or thrill seeking. But increasingly, erratic driving by returning troops is being identified as a symptom of traumatic brain injury or post-traumatic stress disorder, or P.T.S.D. — and coming under greater scrutiny amid concerns about higher accident rates among veterans. -
Military Divorce: Returning Warriors and “The Home Front”
5 Jan 2012 | 8:55 amEmpty outposts overseas mean full billets and bedrooms back at home. In view of the “new phase of relations” between the U.S. and Iraq, using Vice-President Joe Biden’s language, many servicemembers (SMs) are returning home. The redeployment of military personnel back to their stateside assignments and their homes is the result of significant drawdowns in Iraq and Afghanistan. The homecoming impact will be felt nationwide, not just in communities near military bases. While reuniting with one’s family will be a joyous experience for SMs, it may create significant stresses for some. And…
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Divorce Law Journal
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No Published Family Law Opinions from Ky Court of Appeals Today
27 Jan 2012 | 10:18 am -
No Published Family Law Opinions from Ky Court of Appeals Today
20 Jan 2012 | 9:27 am -
No Published Family Law Opinions from Ky Court of Appeals Today
13 Jan 2012 | 1:07 pm -
No Published Family Law Opinions from Ky Court of Appeals Today
6 Jan 2012 | 1:45 pm -
Burton v. Burton, Ky COA, Modification of Parenting Time
5 Jan 2012 | 8:43 amRebecca Josephine Burton v. Nicholas Martin Burton No. 2011-CA-000573-ME Published: Opinion Affirming County: Lyon Rebecca Burton appeals from an order of Lyon Circuit Court modifying parenting time in favor of Nicholas Burton. The parties are parents of two children, Liam and Megan. When they were divorced in 2006, they agreed to joint custody with Rebecca as the primary physical custodian. After the divorce, Rebecca attended school and worked at Dress Barn, and within a few months, she and the children moved in with her boyfriend, James, to which Nicholas voiced no objection. …
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International Family Law
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Hong Kong Prenuptial Agreements
24 Jan 2012 | 3:44 pmIt is expected that the courts in Hong Kong will follow the lead of the English courts concerning prenuptial agreements. That opinion was reflected in the recent Hong Kong case of SA formerly known as SA v. SPH [2011] HKCFI 1649; HCMC1/2011 (10 Nov.2011). The current state of English law on prenuptial agreements may be found in the ruling of the UK Supreme Court in Radmacher v. Granatino. There the court ruled on preliminary matters in a divorce case between German nationals whose matrimonial residence had been in Hong Kong. The issue concerned the effect of a prenuptial agreement and also a… -
Hague Abduction Convention under Threat from the European Court of Human Rights
20 Jan 2012 | 9:42 amThe European Court of Human Rights (the “ECHR”) continues to attack the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”), including a decision issued in December 2011.In June 2010 in Neulinger & Shuruk v. Switzerland the ECHR ruled that the European Convention on Human Rights requires that courts may not return an abducted child to its habitual residence, even when the child’s return is mandated by the Hague Convention, unless it is first established that it is in the best interests of both the child and the child’s family to do… -
Quebec Court Orders Return of Children to California
18 Jan 2012 | 8:11 amWe are very pleased to report a successful outcome in a California – Quebec, Canada international child abduction case. We represented the father and worked with local counsel in California and in Quebec.The Quebec Court of Appeal has just issued a judgment overturning the decision of the Superior Court in Quebec and ordering that the children must be returned home forthwith to California.The lower court refused to return the children to their habitual residence in California on the grounds that the father had consented to the children’s move to Quebec and that there was a grave risk of… -
No Family Law in Saudi Arabia
19 Dec 2011 | 2:47 pmOne might think that the dangers of marrying Saudi nationals and living in Saudi Arabia would by now have been sufficiently well publicized as to cause Western nationals, especially Western women, to steer clear of living in Saudi Arabia with a Saudi spouse.Unfortunately many still fail to heed the warnings and contact international family law counsel after the fact.Foreigners who intend to marry Saudi nationals or to live in Saudi Arabia should be warned that their “family law” rights are likely to be extremely limited, especially if they have children and especially if their spouse is a… -
India and International Child Abduction
16 Dec 2011 | 11:08 amNewspapers around the world have carried an article entitled “Japan, India pressed to curb child abductions” that calls attention to the fact that both countries violate human rights norms by failing to provide remedies for international child abduction. The articles describe the circumstances of several of my clients and state that, “Jeremy Morley, a New York lawyer who specializes in international family law, says India is ‘a safe haven for child abductors" in part due to its slow-moving court system.’‘An abductor has ample time to create facts on the ground in terms of getting…
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Divorce and Family Law in Tarrant County, Texas
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What Should I Expect as I Start a Divorce?
14 Jan 2012 | 11:46 amThere are some fairly standardized process steps that can be expected in a contested Tarrant County, Texas divorce case. The steps vary, depending upon whether you are in the litigation process or you are using Collaborative Law. Keep in mind that each case is a little different from all others. It is not unusual for cases to veer off course and attorneys will sometimes try different tactics in different cases. In general, here are some common steps that follow the initial attorney-client meeting.Litigation Process1. The attorney will prepare and file a petition for divorce. Sometimes,… -
Getting Started: What Information is Needed?
10 Jan 2012 | 11:00 amOverview: This is a quick summary of useful information that you can bring to a meeting with an attorney.1. Immediate needs. Think about what you need to get by right now. What are your financial needs? Safety needs? Transportation needs? Travel schedule? Kids' needs? You probably have monthly statements, letters, memos, notices, contracts and other records that relate to your immediate needs.2. What are your end objectives. Consider what you want to end up with and gather any relevant information about that. For example: school costs, transportation needs, insurance, job training, retirement… -
How to Choose at Attorney
6 Jan 2012 | 10:17 amWhen you have decided that you either need to file for divorce, need to defend yourself in litigation or want to know your options, the next step is to consult with an attorney. If you know or have worked with an attorney, it may be easy to contact that attorney and set up a meeting. On the other hand, if you don't have easy access to a lawyer, you may need help in finding one appropriate for your situation.Preliminary Considerations1. What is your objective? Think about what you need to end up with. Do you need cash now? Do you want to stay in the house or get money to buy another house? Do… -
When Should I File? 10 Signs to Watch For
2 Jan 2012 | 3:00 pmEveryone facing a divorce will wonder to some extent if it's the right time to file. If any of the following conditions exist, you should seriously consider filing for divorce -- after talking with an attorney. It is best to get the professional opinion of an experienced attorney to review your situation and make sure it is in your best interest to take that step and do it now.If any of these things are happening, you should probably consider filing right away.1. Violence. If there has been violence directed against you or your children, you probably need to get out. You may be able to get… -
Announcing the "Getting Started" Series of Posts
28 Dec 2011 | 2:46 pmIn the month of January 2012, I will have a series of short posts on getting started on a divorce. The topics will include the following:1. When should I file?2. Who should I see? How to choose an attorney.3. What information will I need?4. What should I expect?5. How much will it cost? Hint -- there won't be a specific amount.6. Should I use litigation or Collaborative Law?7. How do we tell the kids?January is one of the busiest times of the year for divorce attorneys. Many people stay together through the holidays and then want to file for divorce right away. These posts should provide some…
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New Jersey Family Law
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RAMSEY MAHWAY RIDGEWOOD RUTHERFORD BERGEN COUNTY NJ DIVORCE EVIDENCE PRIVILEGE MEDIATOR ATTORNEY
25 Jan 2012 | 9:56 amThe defendant's wife was entitled to exercise the spousal privilege of refusing to testify in his criminal trial. There was no conflict between her exercise of the privilege and a constitutional right, and she did not waive her right. State of New Jersey v. Mauti, New Jersey App. Div., January 16, 2012 -
ESSEX FELLS WEST ORANGE LIVINGSTON ROSELAND ESSEX COUNTY NJ DIVORCE MEDIATION
23 Jan 2012 | 10:45 amIf there are sufficient proofs evidencing possible coercion due to mental instability, a New Jersey matrimonial litigant is entitled to a hearing as to whether an agreement was reached voluntarily or under duress. Welch v. Welch, January 15, 2012 -
FANWOOD GARWOOD MURRAY HILL BERKELEY HEIGHTS UNION COUNTY NJ DIVORCE MEDIATOR ATTORNEY
23 Jan 2012 | 8:50 amAlthough New Jersey divorced parents may take advantage of a Special Needs Trust for their autistic child, the facts here do not warrant a concurrent elimination of child support. Bond v. Bond, January 14, 2012 -
RINGWOOD WANAQUE CLIFTON LITTLE FALLS PASSAIC COUNTY NJ DIVORCE ARBITRATION LAWYER
20 Jan 2012 | 10:58 amThe installation of spyware and the use of wiretaps during matrimonial litigation may run afoul of New Jersey law. Z.H. v. R.H., New Jersey App. Div., January 11, 2012 -
FLORHAM PARK DENVILLE MADISON EAST HANOVER MORRIS COUNTY NJ DIVORCE MEDITION ATTORNEY
20 Jan 2012 | 10:41 amIn New Jersey matrimonial litigation, the imposition of a constructive trust over assets may be justified. Lucarella v. Lucarella, et al., January 10, 2012
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Family Lore
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Divorce apps: The lengths solicitors go to make a quick buck out of other people's misfortune
28 Jan 2012 | 2:09 amThe latest addition to the growing list of divorce-related apps comes from Colchester solicitors Armstrong Family Law. Inspirationally named Armstrong Divorce Law, the app "is designed to be a comprehensive and easy to use reference for Divorce Law in England and Wales". It "does not replace the need for a Solicitor, but provides much needed advice and explains in detail the procedures, law and key points associated with divorce and separation", including financial information. The app is available in the iTunes store for £4.99.[The title to this post is not just me being facetious - it… -
Something for the Weekend: Stoning
27 Jan 2012 | 6:01 pmI thought of this when I wrote a post during the week about a Jehovah's Witness - how much better the world would be if everyone could laugh at the absurdities of religion. A Python classic, and still just as funny as it was all those years (and viewings) ago: -
R v Kayani and Solliman: Any damage to welfare of children does not justify reduction in sentence for abduction
27 Jan 2012 | 10:36 amLord JudgeShould a prison sentence for child abduction be reduced because it may adversely affect the children, who are now in the care of the abducting parent? That was the question to be answered by the Court of Appeal in the conjoined appeals of R v Kayani and R v Solliman [2011] EWCA Crim 2871, which have just been brought to my attention thanks to Family Law.As these are criminal cases, I will not go into detail, as there are obviously matters beyond my area of expertise, such as the discussion of sentencing under the Child Abduction Act 1984 (for which the maximum is 7 years) compared… -
In Practice: Debarred and down
27 Jan 2012 | 5:13 amA briefer than usual In Practice this week, for reasons that will shortly become obvious.The biggest piece of professional news this week is undoubtedly that @Geeklawyer has been struck off (alright, it may not be the biggest, but I'm a bit short of other news, as will be seen). I suspect that there may be some within the profession who have been hoping for this news for years, although whether Geeklawyer actually gives a damn, I'm not too sure. The story has already been covered in detail by Charon QC, so I won't say much more, save that whatever Geeklawyer turns his hand to in future, I… -
Holocaust Memorial Day
26 Jan 2012 | 6:01 pm
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Toronto Family Lawyer Blog
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Eric v. Lola – Quebec Court of Appeal decides on alimony for common law spouses
19 Jan 2012 | 10:35 amOn Wednesday, January 18, 2012, the Supreme Court of Canada heard the now infamous Eric v. Lola case following an appeal from the decision of Quebec Court of Appeal on November 3, 2010 which was made by the Attorney General of Quebec, Jean-Marc Fournier. In this case, the Quebec Court of Appeal was asked to decide whether article 585 of the Quebec Civil Code, which does not give common-law partners the right to support, the sharing of family property and the protection of the family residence, was discriminatory pursuant to s. 15 of the Canadian Charter of Rights and Freedoms. It should be… -
Supreme Court: defining “material change in circumstances”
15 Jan 2012 | 6:41 amFamily Law cases rarely make their way to the Supreme Court, but the matter of L.M.P. v. L.S. did just that, and the decision was released on December 21, 2011. The issue in this case was defining and dealing with a “material change in circumstances.” The husband was applying to reduce and terminate his spousal support obligations as a result of an alleged change in his financial circumstances and the wife’s failure to make efforts to become self-sufficient since the support Order was granted. The Supreme Court Judges were faced with the task of establishing the proper approach with… -
Appeal of Factual and Credibility Findings: Stergios v. Kim
6 Jan 2012 | 10:55 amOn December 23, 2011, the Ontario Court of Appeal released a judgment regarding an appeal by Mr. Stergios in which he challenged the trial judge’s factual and credibility findings relating to Ms. Kim. More specifically, Mr. Stergios argued that the trial judge should’ve made adverse credibility findings against Ms. Kim arising from the following matters: Her late disclosure of her immigration file; Her pre-separation income; The particulars in her various financial statements; and Her evidence concerning the parties’ separation and her availability to further her education in Canada. -
Wenze v. De Paoli
23 Dec 2011 | 7:12 amThis decision, from the Ontario Court of Appeal, was released on December 12, 2011 and deals with an appeal from a trial decision of the Superior Court of Justice. The parties in this case, who were never married but rather lived together from May 2007 to October 2007, are the parents of one child who was born in April of 2007. The Trial Decision At trial, the judge awarded sole custody of the child to the Respondent/Father with the caveat that he was to consult with the Applicant/Mother prior to making any major decisions involving the health and schooling of the child. The judge then… -
Extending Limitation Period for Equalization: Duncan v. Duncan
17 Dec 2011 | 3:57 amThis case deals with an Applicant’s desire to extend the limitation period for her claim for an equalization payment. Justice Kershman identified the sole issue to be decided as whether the Applicant should be granted an extension of time to apply for an equalization of net family property. The parties in this case are both 61 years of age and have four children, all of whom are over the age of 21. The Applicant brought an Application in September of 2008 in which she made claims for spousal support and the equalization of net family property. The husband was properly served with the…
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Maryland Family Law
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What can you learn from celebrity custody drama?
6 Jan 2012 | 1:50 pmTmz.com reported about a custody battle brewing between Pittsburgh Steeler Antonio Brown and the mother of his son, who claims he is keeping the child without her permission. Antonion Brown disputes the claim, saying the child has been living with him for some time with the permission of the mother. While not everyone has a child with Antonio Brown (or so is my hope), there is lot that one can take from this scenario. Lots of couples end up making verbal arrangements for their children's schedules. This can work out well at times, and other times, it can… -
Money for college
4 Oct 2011 | 9:02 amIt's fairly common for one of the issues up for debate to be the payment of college expenses. Maryland, unlike some other states, does not independently require parents to pay for college expenses. It is not unusual for the parties to include college expenses in their separation agreement, however. They may agree, for example to pay the educational expenses in proportion to their incomes, or equally. They may also want to have some limitation on the amount to be expended (this is particularly advisable when their children are… -
New ground for divorce starts today
3 Oct 2011 | 9:01 amIf you've been following the news, you may remember that October 1, the majority of the new laws in Maryland took effect. Today being the first day courts are open after the change, you can now file for divorce based on a one year separation, ie, without the necessity of proving that the separation was voluntary. As a pratical matter, this isn't a gound-breaking change in the law. You still need to be actually separated (tight budgets and child-related disputes make this difficult). Another practical limitation is that you still need to either work out the… -
Would you hire a robot for your divorce?
29 Sep 2011 | 9:55 amThis week, Slate has published a series about jobs that could be replaced by robots in the near future. Clearly, this is a trend that has happened over decades, particularly in the manufacturing sector. Now the trend may be encroaching more on professional and service-based occupations. Today's installment explored the possibility of legal services becoming more automated. Robots are now being designed to have complicated processing abilities more similar to a human brain, and some are able to decipher and produce natural language. For example, it was… -
Modification of child support and alimony...available for former Ravens as well?
16 Sep 2011 | 10:29 amIf you have experienced a material change in financial circumstances, you may be able to modify your alimony or child support obligation. For example, if you have a job loss, or if your child has reached the age of majority, are common reasons that the court will modify support obligations. For an example of an extreme change in circumstances, you may want to note the case of Chris McAlister. Mr. McAlister, who formerly played in the NFL for the Baltimore Ravens, has gone from a $55 million dollar contract to being broke and living in his…
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New York Personal Injury Lawyer Blog
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New York Fire Fighters Put Out Apartment Building Fire and Save Lives
27 Jan 2012 | 1:29 pmNew York Fire Fighters were able to rescue those trapped in an apartment fire in Brooklyn and prevent any fatalities. While eight residents and nine fire fighters are in the hospital for injuries, all of the residents were able to get out safely. The fire was first reported around 5am, states a New York Injury Lawyer and was put out around 7:30am. Fire fighters worked tirelessly to help residents out of the building and put out the fire. The cause of the fire is currently unknown. Further investigation by arson investigators will be necessary to determine the cause or causes. The building was… -
Two children were injured in a car accident
27 Jan 2012 | 1:27 pmTwo children were injured in a car accident and taken to separate hospitals where they are recovering from critical injuries. One child was not breathing and was unconscious when emergency medical personnel arrived and had to be transported to the hospital in a helicopter. The other child was also unconscious, but able to breathe without assistance, reported a New York Injury Lawyer. The parents of the children were also in the vehicle, but only suffered minor injuries. Both children were securely fastened in child seats at the time. The driver of the other vehicle involved in the accident, a… -
Surgeons May Order Unnecessary Tests and Scans to Protect Themselves if Sued Later on
26 Jan 2012 | 1:31 pmA recent study of orthopedic surgeons suggests that many order unnecessary MRI's, bone scans, x-rays and other tests to protect themselves in the event of a lawsuit. The study, which was conducted on a volunteer basis, compiled anonymous responses from members of the Pennsylvania Orthopaedic Society. A New York Injury Lawyer states that these responses demonstrate an overwhelming number of surgeons order tests on patients that are not essential to their care. These tests are expensive and increase the cost of health care for patients and health care centers each year. The study claims that… -
Helicopter Crashes into Building While Airlifting Air Conditioning Unit
26 Jan 2012 | 1:30 pmA helicopter carrying a large air conditioning unit crashed into another building injuring the pilot, but not causing any fatalities. The aircraft was carrying the unit to a nearby office building, states a New York Injury Lawyer. When the helicopter crashed it caught fire. The first and second floors of the building were badly damaged due to the fire. Fire fighters were able to get to the scene quickly to put the fire out. No one was on those floors at the time. The pilot was injured and taken to a nearby hospital where he was treated. The helicopter was not salvable and burned in the fire. -
Two Attorneys Start a Law Firm after Bar Brawl
25 Jan 2012 | 1:32 pmTwo practicing attorneys with a Philadelphia, Pennsylvania law firm have decided to leave and join a competing firm after a bar brawl in a local pub. Both attorneys deny their reasons for leaving had anything to do with the fight, claims a New York Injury Lawyer. The attorneys simply felt that after years of service moving to a new firm was the right decision for their careers. The new law firm is happy to take them in and is thrilled about the additional business. The bar brawl started one night when one of the attorneys went to visit co-workers after work. Another lawyer from the same law…
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New Hampshire Family Law Blog
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Understanding Same-Sex Divorce
27 Jan 2012 | 1:26 pmIn November, I authored an article on same-sex marriages in the New Hampshire Bar News geared towards helping practioners understand unique issues in same-sex divorces. I reprint here the full article: Practicing family law in one of the six states that recognizes same-sex marriage requires an understanding of the unique challenges that same-sex couples face in a divorce. Usually, a divorce provides a mechanism to dissolve the legal relationship, divide property and establish parental rights and responsibilities. Although same-sex couples can dissolve their marriage in New Hampshire, reaching… -
Address notification requirements and domestic violence restraining orders: How to comply with conflicting orders
18 Jan 2012 | 10:08 amQuestion: Do I still have to notify the other parent about moving pursuant to the relocation statute if there is a domestic violence restraining order and my address is confidential? Answer: The statute states that the notice requirement applies in all parenting rights and responsibilities cases unless specifically addressed otherwise in the parties’ existing order or agreement. If there is a court order stating that you do not have to comply with the relocation law, then no notice is needed. Similarly, if the move results in your moving closer to the other… -
Thompson v. D'Errico: Order your transcript for your appeal!
27 Dec 2011 | 11:01 pmThe Facts The plaintiff, Linda Thompson, filed a domestic violence petition against the defendant, Christopher D’Errico requesting an order of protection. After an evidentiary hearing, the Court issued a final order of protection, and made findings that the defendant had on a daily basis sent text messages to the plaintiff using “extraordinarily foul language”, that the defendant had made reference to a having a loaded shotgun, and that a family friend had to interfere to stop the defendant from putting his… -
Nashua Family Division Opens
3 Nov 2011 | 9:33 pmThe 9th Circuit Family Division at Nashua is now open. The Nashua Family Division will serve the Hudson, Hollis and Nashua communities.The family division has jurisdiction over divorce, parenting, child support, guardianship, termination of parental rights, abuse/neglect, CHINS, and some adoptions. The courthouse is located at 30 Springs Street, and the phone number is 603-882-1231. For other family division locations, check the court website. -
Post Divorce To-Do List
28 Oct 2011 | 8:37 amThe divorce is finally over, and it is time to move on. There are still some loose ends to tie up though, even after the divorce decree has issued. Not every item may apply to your case, but here are the most common things that should be on a newly single person's to-do list. 1. Update your life insurance and retirement account beneficiaries 2. Prepare a new will 3. Execute a quitclaim deed and record it at the registry of deeds to transfer the title of the house 4. Draft a QDRO, submit it to the court for approval and provide the order to the plan administrator 5. Resume your…
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Dads Divorce and Fathers Rights Blog
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Joseph Cordell on HuffingtonPost.com: Think Before Saying "I Do!"
27 Jan 2012 | 7:01 amJoseph Cordell’s latest column on HuffingtonPost.com explains why the moment you say "I do" you are essentially giving your spouse half of your wealth. Not just your current wealth and what you bring into the marriage, but nearly every asset acquired during the course of the marriage -- and sometimes after. Cordell, the principal partner of Cordell & Cordell and founder of DadsDivorce.com, thinks every guy should realize the enormity and importance of saying, “I do.” It’s a contract that Cordell thinks guys do not appreciate the extent and comprehensiveness of. -
Money Made Easy: What Backs Our Money In A Financial Crisis?
27 Jan 2012 | 2:13 amWith much of the world experiencing a financial crisis, what has backed the money for all these years? Financial adviser Dan Danford explains what is backing our currency, the currency of other nations, and why it all doesn't just fall apart when countries face perilous economic issues. Danford, CFP®, CRSP®, MBA, also addresses why monetary and fiscal policies were created to help in times of a financial crisis. -
Dividing Personal Injury Settlements In Divorce
26 Jan 2012 | 6:00 pmQuestion: Do I have a claim to my wife's personal injury settlement? We have been separated for four years. During this separation period, she had a slip and fall personal injury that resulted in a large financial settlement. Am I entitled to any of the settlement money she received since we are still legally married? -
Am I Responsible For My Wife's Credit Card Debt In A Divorce?
26 Jan 2012 | 6:00 pmQuestion: My wife racked up excessive credit card debt before we married and is now trying to make me pay off those cards that are in her name only as part of our divorce settlement. My name is not on those credit cards, and I have no direct line of credit. Will a judge make me pay for credit card debt that is in my wife's name only and the majority of which was accumulated before we married? -
Negotiating Child Support Payments In Your Divorce Settlement
25 Jan 2012 | 6:00 pmQuestion: I would like to know how to handle child support calculations while I am currently unemployed during our divorce settlement negotiations. My soon-to-be-ex-wife thinks my child support payments should be based off my high-paying job that I was fired from several months ago. However, I am currently collecting unemployment as my only income. My concern is I will not be able to return to that salary level even though my child support payments could be based off that income. How do I address this situation? Also, does child support normally start after the execution of the marriage…
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Domestic Diversions
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Flirting with an apology
11 Jan 2012 | 2:51 pmUSA Today’s Ask Stacy reminds us of the three elements of a true apology: “sorry,” responsibility for the choice taken, and promise for the future. Stacy Kaiser writes (excerpt): A true apology should consist of three elements: taking responsibility for your mistake, saying you’re sorry and a commitment to never do what hurt that person again. . [...] -
Why your kids should be happy
1 Jan 2012 | 10:33 amCNN and Parenting.com give us the “Top 10 Parenting Fails of 2011.” If you didn’t make the list, rejoice! Sasha Emmons of Parenting.com includes items on: Mom Uses Hot Sauce as Punishment Moms Selling Babies Girl Brings Dad’s Cocaine to School Mom Gets 7-Year-Old a Boob Job Mom Dresses Daughter Like a Prostitute Dad Throws Son Off Cruise Ship Drunk [...] -
The power of positivity: Gottman says awareness, tolerance, understanding, non-defensive listening, and empathy
1 Dec 2011 | 6:11 amCNN includes tips on what to do if you want more sex in your life. It’s the same secret to a lasting relationship and marriage: be nice. Ian Kerner, the Good in Bed counselor, quotes Emily Nagoski, the self-proclaimed Sex Nerd, commenting on John Gottman’s book “The Science of Trust: Emotional Attunement for Couples” (excerpt): “Boiling [...] -
Trying to control your ex versus just smiling
29 Nov 2011 | 2:09 pmThe Love and Logic newsletter encourages parents to avoid the tendency of kids to throw one parent’s house rules against the other. L&L also reassures us that children can have two homes and still grow into healthy adults. Dr. Charles Fay writes (excerpt): Smart parents know that kids are capable of adjusting to different styles of [...] -
Starting happy, ending divorced: The power of negativity
20 Nov 2011 | 11:00 amThe Journal of Family Psychology tackles the mystery of “why even satisfied newlyweds eventually go on to divorce.” The research abstract for Justin Lavner and Thomas Bradbury’s article states (excerpt): Divorcing couples displayed more negative communication, emotion, and social support as newlyweds compared with couples who did not divorce. . . . Overall, results indicate that [...]
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Florida Divorce & Family Law Blog
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Alimony Reform?
3 Jan 2012 | 12:39 pmHappy New Year! With the new year comes the annual discussion of whether or not there is a need to reform our Florida alimony laws. There is legislation currently pending that is trying to radically reform our current alimony laws. A link to the pending legislation can be found by clicking on the "Alimony Reform?" title above. All of us in the family law community have been discussing whether or -
Is Collaborative Divorce Right For You?
5 Dec 2011 | 11:18 amRecently, I have had a lot of people come into my office to discuss whether or not a collaborative divorce is right for them. Most people do not even understand what collaborative divorce is, and before you can decide that it's right for you, you have to understand what it is. Defining it in its simplest terms, Collaborative divorce is a process driven by the parties that provides them with a -
Divorce, Depression and Suicide
16 Aug 2011 | 2:28 pmIn my efforts to find a topic to blog about today, at least three stories popped up when I searched Google regarding divorce related to suicides and murders. There is a saying in the family law community that family lawyers get to see good people at their worst and criminal attorneys get to see bad people at their best. I see people in all states, from irrationally angry to severely depressed. -
Issues with Gay Marriage?
1 Aug 2011 | 2:35 pmNew York recently became the 6th state to allow gay couples to legally wed. That leaves 44 states that still do not recognize the union between two people of the same sex. This fact raises astronomical legal issues when it comes to divorce. I've fielded dozens of phone calls and had consultations with several gay men and women who were married in another state and now live in Florida. The sad -
The Curse of the Semi-Happy Marriage
9 Jun 2011 | 10:07 amAs I was logging onto my yahoo account to get my dad's itinerary for his trip here in August, I came across an article about semi-happy marriages. I think the main point in the article is that marriages that are "comfortable" are responsible for a great deal of divorces. As a divorce attorney, I see a variety of different reasons for why marriages break up from adultery to massive financial
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NJ Family Issues
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Are your hourly rates reasonable?
26 Jan 2012 | 3:48 pmLaw Lessons from DICK ANTHONY HELLER v. DISTRICT OF COLUMBIA, et al.: “To successfully argue that your hourly rate is reasonable, certifications of hourly rates from attorneys in similarly sized firms in nearby jurisdictions and practice in particular legal areas will probably be far more persuasive to the Court than anything else.” — Source: Did Heller’s Attorneys Demand Reasonable Hourly Rates?, published in Matthew Stoloff’s Blog. Note: There is a print link embedded within this post, please visit this post to print it. NOTE: My legal services include family law,… -
The enforcement, collection, modification and extinguishment of unpaid arrearages in child support payments are matters addressed to the sound discretion of the court
26 Jan 2012 | 12:54 pmLaw Lessons from GAIL SCHMIDT V. CARL SCHMIDT, App. Div., A-5587-09T2, January 20, 2012: “‘[T]he enforcement, collection, modification and extinguishment of unpaid arrearages in . . . child support payments are matters addressed to the sound discretion of the court.’” In re Rogiers, 396 N.J. Super. 317, 327 (App. Div. 2007) (quoting Mastropole v. Mastropole, 181 N.J. Super. 130, 141 (App. Div. 1981)). The exercise of this discretion must entail a “careful examination and weighing of all of the essential facts.” Mastropole, supra, 181 N.J. Super. at 141. -
A stipulation to joint legal custody constitutes the parties’ agreement to share authority and responsibility for making major decisions regarding the welfare of the children, calling upon both parents to remain decision-makers in the lives of their children
26 Jan 2012 | 12:51 pmLaw Lessons from PAUL EMMA v. JESSICA EVANS, __ N.J. Super. __ (App. Div. 2012), A-2303-10T3, January 20, 2012: A stipulation to joint legal custody constitutes the parties’ agreement to share “authority and responsibility for making ‘major’ decisions” regarding the welfare of the children, calling upon “both parents to remain decision-makers in the lives of their children.” Beck v. Beck, 86 N.J. 480, 487 (1981). See also Pascale v. Pascale, 140 N.J. 583, 596 (1995); Nufrio v. Nufrio, 341 N.J. Super. 548, 550-52 (App. Div. 2001). Note: There is a… -
Name-change disputes when the child was born in wedlock to parents who subsequently divorce
26 Jan 2012 | 12:49 pmLaw Lessons from PAUL EMMA v. JESSICA EVANS, __ N.J. Super. __ (App. Div. 2012), A-2303-10T3, January 20, 2012: In two cases — Ronan v. Adely, 182 N.J. 103 (2004) and Gubernat v. Deremer, 140 N.J. 120 (1995) — the Court authorized application of a presumption in the parent of primary residence (PPR)’s favor in name-change disputes when the child was born out of wedlock. In this matter of first impression, the court rejected the adoption of such a presumption when the child was born in wedlock to parents who subsequently divorce. Regardless of whether a name change is sought… -
A trial court’s decision to impute income must be based on a realistic assessment of capacity to earn
24 Jan 2012 | 10:15 amLaw Lessons from NINA SCIACCA V. PETER HAGARTY, App. Div., A-3938-10T1, January 18, 2012: Newburgh [Newburgh v. Arrigo, 88 N.J. 529 (1982)] factor four, a parent’s ability to pay, is acknowledged to be the most significant with regard to college contribution. See Moehring v. Maute, 268 N.J. Super. 477, 481 (Ch. Div. 1993); Weitzman v. Weitzman, 228 N.J. Super. 346, 357 (App. Div. 1988), certif. denied, 114 N.J. 505 (1989). A trial judge’s authority to impute income in the process of assessing child support is well-established. The Child Support Guidelines indicate that the…
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Pennsylvania Family Law
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New Rule Requires a Support Calculation for (nearly) Every Case
23 Jan 2012 | 5:16 pmPennsylvania has recently made considerable changes and revisions to the support section of the Rules of Civil Procedure; some are more significant than others, but one which may make things a little easier for parties and counsel alike is the revision to Rule 1910.11 which goes into effect January 31, 2012. Rule 1910.11 will make it a requisite that all support conferences result in a guideline calculation. Specifically, it states that the parties “must provide income information” so that the conference officer can perform a guideline calculation. The only exception is… -
The New Custody Factors
9 Jan 2012 | 2:16 pmOn November 9, 2011, the Superior Court filed its first decision (E.D. v. M.P., 2011 PA Super 238 (Pa.Super. 2011), regarding the newly enacted Child Custody Act, 23 Pa.C.S.A. Section 5321 related to a Petition for Relocation. The Superior Court vacated the trial court's order and remanded the case to the trial court to make the proper analysis under the new law. In a relocation case, the Court must consider the following ten factors: (1) The nature, quality, extent of involvement and duration of the child's relationship with the party proposing to relocate and… -
Unreimbursed Medical Expenses
29 Dec 2011 | 7:32 amIn child support cases, the party that is receiving child support pays the first $250 in unreimbursed expenses per child. Medical expenses include insurance co-payments and deductibles and all expenses incurred for reasonably necessary medical services and supplies, including but not limited to surgical, dental and optical services, and orthodontia. Medical expenses do not include cosmetic, chiropractic, psychiatric, psychological or other services unless specifically directed in the order of court. If your child has specific needs, then those needs will need to be specifically… -
Alone During the Holidays?
15 Dec 2011 | 12:53 pmI recently read an article about "navigating" through the holidays when you are newly divorced. I think it should extend to those who are newly separated as well. The holidays are a difficult time when you are newly separated. The emotions are fresh, and you might not have worked out the nuisances of the holiday custody schedule. And it's an adjustment from "sharing" a holiday together to "sharing" a holiday apart. I think that the article does a great job of suggesting things that will help you through the holiday season - particularly… -
Decision Fatigue
11 Dec 2011 | 9:38 amIn August 2011, an article was published in the New York Times about “decision fatigue.” John Tierney, a frequent columnist for the Times, describes a series of studies examining the effects of making multiple decisions over a period of time and experiencing what has been coined “ego depletion” whereby as human beings we have finite amount of energy with which to make thoughtful decisions. This energy gradually depletes as decisions accumulate until the “decider” finally finds themself making snap decisions with considerably less consideration…
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Decoupling Seattle Family Law and Divorce Blog
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Abraham Lincoln: Divorce Attorney
27 Jan 2012 | 2:05 pmA few years ago, I was fortunate enough to be in Washington D.C. during the running of the “Abraham Lincoln: An Extraordinary Life” exhibition at the National Museum of American History. The exhibition was wide-ranging in scale, but of particular interest to me was the portion describing Lincoln’s 23-year career as a “prairie lawyer” in Springfield, Illinois. I was… -
Getting Divorced When You Have an Infant
20 Jan 2012 | 3:05 pmDivorce can be an especially painful process for parents with infants. In addition to the stress and emotion of caring for a new baby, the parents also have to adapt to living apart and co-parenting under less-than-ideal circumstances. And, unlike older children who are capable of expressing their feelings verbally, it can be difficult for parents to determine how their… -
The Same Sex Divorce Quandary – Updated!
13 Jan 2012 | 2:24 pmOn a global level, the law regarding same sex marriage seems to be changing every day. Here in Washington, where”everything but marriage” domestic partnerships have been in effect since 2007, the state legislature appears to be on the verge of making same sex marriage legal. And of course, there are six other states in the United States, as well… -
WWII-Era Affair Ends 77 Year Marriage
3 Jan 2012 | 5:55 pmAccording to the Telegraph, a ninety-nine year old Italian man has set a new record: world’s oldest divorce petitioner. The man, identified only as “Antonio C.”, discovered letters indicating that his ninety-six year old wife “Rosa C.” had carried on an affair during the 1940s. The devastated man confronted his wife, who admitted that she had indeed been unfaithful… -
Understanding De Factor Parentage in Washington State (Part 2 of 3)
28 Dec 2011 | 12:33 pmIn this three-part series, we’re examining the Washington common law remedy of “de facto parentage,” which will sometimes afford parental rights to individuals who are not legally considered parents to a child, if they can prove that they have – in the words of the Washington Supreme Court – “fully and completely undertaken a permanent, unequivocal, committed, and responsible parental…
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Jacksonville Divorce Lawyer Blog
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What is Mediation and I Am I Required to Go in a Florida Divorce or Paternity Case?
27 Jan 2012 | 7:30 amIn a divorce or paternity case involving issues with children including time-sharing/visitation, parental responsibility or child support, the court may refer the parties to mediation. Florida law provides for the judge in such a proceeding to send the parties to mediation over disputed matters to determine if such things can be settled out of court, Florida Statute 61.183. As a divorce and family lawyer in Jacksonville, it has been my experience that mediation can be beneficial to both parties without going to trial because the parties have more control over the outcome. What is mediation? -
Can I Get Attorney's Fees and Costs In a Florida Divorce or Family Law Case??
24 Jan 2012 | 7:33 amIn a divorce, often one party may have more financial security than the other party, either by income, inheritance, or the like, thus putting the other party in a financial situation that makes it difficult to pay attorney’s fees. When hiring a lawyer for a divorce or modification action in Florida, the concern is the price for an attorney and whether she or he will have the ability to pay for an attorney. The other concern is that, knowing the financial situation, the other party will have the money available to pay for an attorney and that will require the party without disposable income… -
Do I Owe Temporary Alimony or Attorney Fees in a Florida Divorce with a Prenuptial, Postnuptial or other Marital Agreement?
20 Jan 2012 | 7:09 amFlorida recognizes the use of premarital and post marital agreements when deciding the outcome or possible outcome of a divorce. In some cases, during the marriage the parties may find themselves thinking of divorcing and may enter into a marital settlement agreement, but ultimately not have the agreement entered with the court because they are able to reconcile the marriage, this too is valid in Florida. When parties decide to divorce any agreement between the parties, whether premarital agreement, post marital agreement or a prior marital settlement agreement that allows for enforcement… -
If I Lose My Job, Can Alimony Be Changed in Florida?
18 Jan 2012 | 6:28 amDivorce cases in Florida often have an alimony component, which husband and wife do not always understand. As a Jacksonville divorce lawyer, I often educate my clients on how alimony is determined and calculated based on their case facts and whether the alimony can be changed or modified in the future. Florida does not have a formula for divorce, but the Florida statutes along with prior Florida cases provide a format by which alimony may be determined. For example, alimony may be awarded in a divorce case where the parties have been married for 20 years and the wife has not worked full-time… -
How Can I Guarantee I Will Get Child Support or Alimony Payments in Florida?
16 Jan 2012 | 5:28 amA concern regarding child support and alimony, in Florida, is that once it is ordered, the other party will not pay. As a Jacksonville, Florida divorce and family law attorney, my advice is to clients is generally the same regarding this issue, once alimony and/or child support are ordered by the court, we should do an income deduction order. Such orders can be done only after the order establishing support is entered by the court. Once that is done, the court can enter an income deduction order, which lays out the payment schedule for the paying party. In addition, the income deduction order…
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Family Law Guy
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All of You: Time to Pester Your Elected Representatives
19 Jan 2012 | 2:58 pmThose of you who've followed this blog for more than a post or two have long since tired of my, and others' yelling about the fact that trial courts, and particularly family law trial courts, have been getting a raw deal in terms of funding. Now, it's official. -
I'll have some year-end thoughts
20 Dec 2011 | 3:41 pm...after a somewhat more exciting year than I really needed... watch this space.... -
Back to Hollywood
17 Nov 2011 | 7:10 pmKim K's marriage is broken, after seventy-two days; presumably she listened to her own advice on the subject of prenuptial agreements. -
An Ad Hoc Fix of the Interstate Same-Sex Divorce Problem
17 Oct 2011 | 1:21 pmhas now been signed into law. -
Only Tangentially About Family Law: In Memory
12 Oct 2011 | 2:53 pmESG: 1926-2011 When I graduated , in the words of the old joke, "I was surprised how much the old man had learned". When I became a father, I understood some of what I'd previously dismissed as idiosyncrasy. I did not understand, until recently, that sometimes there is as much heroism in "I will continue and endure" as there is in battle. Time to rest, Pop.
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Attorney O's Midnight Musings: Connecticut Law
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Websites Go Dark In Protest and Connecticut Delegation Weighs In On the Stop Online Piracy Act
18 Jan 2012 | 7:51 pmToday, in protest to the Stop Online Piracy Act (SOPA) legislation now pending in the U.S. House of Representatives, major online sites such as Wikipedia’s English language site threatened to go dark in protest. It made good on the threat. Today, the page displays the following message: Imagine a World Without Free Knowledge. For over a decade, we have spent millions of hours building the largest encyclopedia in human history. Right now, the U.S. Congress is considering legislation that could fatally damage the free and open Internet. For 24 hours, to raise awareness, we are… -
South Carolina’s New Photo ID Voting Law Causes Stir
16 Jan 2012 | 4:58 pmWith the election season in full swing, it’s anyone’s guess how things will progress. Meanwhile, the State of South Carolina has caused a ruckus with its newly enacted photo ID for voters law. Critics say that the law, which requires all voters to produce a photo ID prior to voting, has the potential to disproportionately keep black voters from exercising their right to vote. The two political parties are at strong odds over the new law, which is sparking racial tensions. Read: South Carolina Photo ID Law Draws Heated Rhetoric From Republican Presidential Candidates… -
Attorney Olszewski’s 2012 LGBT Forecasts Published in Connecticut Law Tribune
6 Jan 2012 | 3:15 pmFor those who missed it, the Connecticut Law Tribune’s annual Forecast issue was published on Monday. I was asked to contribute a piece for the publication on my 2012 predictions for LGBT legal issues. If you don’t already have your copy in paper form, you can view the article online. Read: The Ever-Changing Landscape Of LGBT Law Follow Attorney O’s Midnight Musings blog on Facebook for all blog posts as well as additional stories and links of interest. Be sure to LIKE our page. Follow the Law Offices of Irene C. Olszewski, LLC on Facebook for all posts from both of my… -
Photographs by J. Victoria Tobias On Display in Our Office
2 Jan 2012 | 7:45 pmTucked away in Farmington, Connecticut is a an amazingly talented nature and landscape photographer. The first time I viewed the works of J. Victoria Tobias, I was in awe. Her keen eye for detail and composition absolutely amazed me. From the simplest flower to the most detailed seascape, every photograph tells its own story. Tobias has graciously agreed to allowed me to display a small collection of her work in my office. The photographs make an otherwise hectic office feel comfortable and serene. It is an extreme pleasure to be surrounded by such beautiful works. When… -
Farewell, 2011 … My 2012 Wish List
30 Dec 2011 | 2:20 pmToday is the last work day of 2011 for me. I’m rather grateful. It has been a long year. I’m ready for the new year to begin. I’d post my new year’s resolutions for you to ponder but I quit making those darn things a long time ago. I never kept them, anyway. Nah, it just wasn’t worth the effort. Instead, I’ll post my wish list for 2012. I’d love to hear yours as well. Comment away. In no particular order (translated to mean: as the thoughts pop into my brain, I will type them here) … I wish that people would dress appropriately…
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Al Nye The Lawyer Guy
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Taken By Robert Crais
24 Jan 2012 | 10:46 amTaken By Robert Crais G. P. Putnam’s Sons $26.95, hard cover, 341 pages, 978-0-399-15827-8 (2012) Talk about an enjoyable read. This novel has it all: Elvis Cole and Joe Pike, innocent young adults, a determined parent, evil men and women with no sense of morality, and bajadores – ruthless bandits who prey on other bandits. Mix them all together with drugs, weapons, the buying and selling of victims, and brutal murder and you have the ingredients for compelling novel. Add the painstaking detective work, the genuine humanity, the nerve-racking tension, the thrilling action, and… -
Soft Target by Stephen Hunter
24 Jan 2012 | 10:25 amSoft Target By Stephen Hunter Simon & Schuster $26.99, hard cover, 256 pages, 978-1-4391-3870-0 (2011) Stephen Hunter is one of my favorite authors. I’ve read practically everything he’s written. From the fabulous Time to Hunt, Point of Impact, and Dirty White Boys, to the mediocre Night of Thunder and The 47th Samurai, I’ve kept coming back for more. And who can blame me? Bob Lee Swagger, a/k/a Bob the Nailer, is a fascinating, no-holds-barred lead character that takes over a story the same way a fine actor mesmerizes on the screen. Early in his writing career, Hunter had… -
20 Jan 2012 | 10:33 am
20 Jan 2012 | 10:33 amYes, I do have my official New England Patriots necktie on today, thank you very much.... -
10 Jan 2012 | 11:49 am
10 Jan 2012 | 11:49 amThe Affair By Lee Child Delacourt Press $28.00, hard cover, 405 pages, 978-0-385-34432-6 (2011) This is a thrilling read about Jack Reacher when he was still a military cop and (sort of) following orders. The story centers on a murder in Mississippi in the year 1997. A woman is dead (and others soon follow) and it appears that a soldier at a nearby military base is responsible. But that soldier has a powerful senator for a father and favors are called in. Reacher is ordered undercover in the town to find out what is going on and to keep the local police in line. Reacher is supposed to just… -
So it's the Patriots and the Broncos...
9 Jan 2012 | 10:37 amTim Tebow pulls off another huge win -- this time over the Steelers yesterday. It sets up a showdown with the New England Patriots. It was an amazing overtime victory that must have Broncos fans going crazy with excitement.Of the three teams that the Pats could have faced in the playoffs, the Broncos were the one team I didn't want to play again. Don't get me wrong, I'm not in the Tebow MVP of the free world camp. He has serious flaws as a quarterback, but he also has the heart of a lion.What concerns me most is his unpredictability. Yeah, I know. The Pats cruised to an easy…
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Rochester Family Lawyer
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Ratification of Settlement and Separation Agreement
14 Jan 2012 | 10:24 pmI have previously written about settlement agreements, their contents, modification, validity, and formalities related to their execution. Even in situations where the agreement may have not been executed properly or otherwise invalid, if the party does not promptly act to challenge the agreement and accepts its benefits, the court may refuse to vacate the agreement. This is the situation that the Appellate Division, Second Department, addressed in Kessler v. Kessler, 89 A.D.3d 687 (2nd Dept. 2011). In Kessler, the parties’ separation agreement was incorporated but not merged into the… -
Parent’s Obligation to Pay for College Is Not Limited To Cost of SUNY Education Unless Proven Otherwise
13 Nov 2011 | 6:57 pmIn Pamela T. v. Marc B., 2011 N.Y. Slip. Op. 21355 (N.Y.Sup.2011), the court had to decide whether the parent’s obligation to pay for college should be limited to the so-called “SUNY cap”. The Supreme Court concluded that parent’s argument that before a parent can be compelled to contribute towards the cost of a private college, there must be a showing that a child cannot receive an adequate education at a state college, has no basis in the law. The parties were divorced on December 23, 2008 and have two sons, 18 and16 years old. Their judgment of divorce was silent as… -
Need to Preserve Relationship with Parent Does Not Take Precedence Over Economic Factors in Relocation Cases
29 Oct 2011 | 4:06 pmIn Butler v Hess, 85 A.D.3d 1689 (4th Dept. 2011), petitioner father filed a petition seeking to modify the parties’ existing joint custodial arrangement. Specifically, respondent mother had primary physical residence and the father had visitation. The father sought to prevent the mother from relocating with the child to Pennsylvania and sought sole custody of the child. The mother filed a cross petition seeking permission for the child to relocate with her to Pennsylvania. The trial court denied mother’s application and prohibited her from relocating to Pennsylvania. The… -
Family Court Referees and Their Authority to Hear Cases
18 Sep 2011 | 7:41 pmMost of the cases in Family Court are decided by Family Court Judges who preside over most Family Court hearings. The Family Court Judges, here in Monroe County and elsewhere in New York State, typically hear child custody, visitation, adoption, juvenile delinquency and other cases. However, here in Monroe County, Court Attorney Referees hear custody, visitation, and order of protection cases. Family Court Attorney Referees are appointed pursuant to the Family Court Act and CPLR. One of the first things that takes place in a case before a Family Court Attorney Referee is that the parties… -
Interference with Visitation May Result in Change in Custody
4 Sep 2011 | 10:05 pmIn Keefe v. Adams, 85 A.D.3d 1225 (3d Dept. 2011), the Appellate Division, Third Department, had to address issues related to interference with visitation which were raised by the father who brought a petition to modify existing custodial and residential arrangement. The parties had a custody and residential arrangement on the basis of May 2007 consent order which provided for joint custody, with mother having primary physical custody and father having visitation. In August 2009, father sought a modification of custody, alleging that mother moved out of county without his consent and is…
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Fort Lauderdale Divorce Lawyer Blog
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Okaloosa County's First Unified Family Court Established in Crestview
27 Jan 2012 | 9:28 amLast year, Okaloosa County, Florida created its first Unified Family Court in Crestview. Okaloosa County Circuit Judge Terry Ketchel was appointed to preside over the court. According to Ketchel, the court was set up to bring related domestic issues into the same courtroom before a single judge. He also stated civil cases concerning divorce, domestic violence, neglect, and juvenile delinquency make up almost half of all cases heard in the First Judicial District of Florida. Terry Terrell, Chief Judge of the First Judicial Circuit, is committed to the Unified Family Court concept. Terrell, who… -
Miami-Dade Circuit Family Division Judge Julio Jimenez Dies at Age 58
20 Jan 2012 | 10:21 amThree days after he administered the Florida attorney's oath to his son Carlos, 58-year-old Miami-Dade Circuit Judge Julio Jimenez succumbed to liver cancer. The former defense attorney started his career as a circuit judge in 2003. He began presiding over Miami-Dade family law matters last January. Judge Jimenez was born in Matanzas, Cuba and immigrated to the United States with only his sister at the age of eight. When the rest of his family arrived in the United States, Jimenez's family moved to Chicago. He attended the University of Illinois and later earned a law degree from DePaul… -
Tampa Area Businessman Wanted for Failure to Pay $6 Million in Child Support and Alimony
12 Jan 2012 | 4:03 pmLast month, a Hillsborough County Circuit judge ordered the arrest of John Dargan Stanton III, a successful Tampa area businessman, after he was found guilty of five counts of criminal contempt of court for failure to pay his child support and alimony obligations. Mr. Stanton failed to attend the contempt hearing where Judge Caroline Tesche sentenced him to almost six months in jail for repeatedly refusing to pay more than $6 million in alimony and child support. Susan Stanton initiated divorce proceedings in 2009 and the former couple reached a final settlement agreement in July 2011. -
In Unique Case, Daytona Court Says Both Lesbian Moms Have Parental Rights
5 Jan 2012 | 9:54 amThe Florida Fifth District Court of Appeal recently ruled in a case of first impression involving a same sex partnership child custody dispute. In a rather unique case, two women involved in a same sex partnership decided to have a child after engaging in a committed relationship for 11 years. When one woman in the partnership learned she was infertile, the other donated an egg which was fertilized using an anonymous donor. The infertile partner then carried the child to term and a baby girl was born in January 2004. The result was that although one partner gave birth to the child, the other… -
Baby-Boom Generation Increasingly Choosing Late Life Divorce
27 Dec 2011 | 9:08 amMembers of the baby-boom generation are increasingly choosing to divorce as they near retirement age. Although the overall U.S. divorce rate declined in recent years, divorce rates among adults aged 50 to 64 steadily increased. According to Susan L. Brown, co-director of the National Center for Family and Marriage Research at Bowling Green University, one in four divorces in this nation currently involve someone over the age of 50. In 1990, less than ten percent of divorces involved a spouse over age 50. That's a dramatic increase from only twenty years ago. As the boomer generation ages and…
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Ohio Family Law Blog
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The War of the Wives: Is it Time to Disarm?
28 Jan 2012 | 5:00 amNo relationship is more maligned in our culture than that of first wives and second wives. While we make fun of mother-in-laws, many admit to having wonderful fulfilling relationships with their M-I-L. Not so with the “Ex” and the “Next”. Judged as guilty before even tried, these women are pitted against each other by circumstance. Stereotypes abound; the first wife was a “crazy nagging bitch” and the second one “a cheap slut”! Unfortunately, these stereotypes often eclipse the potential for a positive relationship; these women are preprogrammed not to like each other by… -
Parenting Time Suspension for Bad Behavior
21 Jan 2012 | 5:00 amParenting Time Suspension can occur when a parent’s bad behavior gets in the way of the child’s best interest. “Children must be considered in a divorce, considered valuable pawns in the nasty legal and financial contest that is about to ensue.” – P.J. O’Rourke The truthfulness of O’Rourke’s statement cannot be more evident. Children going through a divorce are often caught in the middle of two parents at war. They can be fighting about money, parenting time, adultery committed, or even about why the toilet seat was once again left up. Although this fighting in and of… -
Support Payments and The Support Enforcement Agency
14 Jan 2012 | 5:00 amIn Ohio, Do Support Payments Have To Be Made Through The Support Enforcement Agency? Do child support/spousal support payments have to be made through the Child Support Enforcement Agency (CSEA) or through the Ohio Child Support Payment Central (OCSPC)? This question is generally answered with a resounding “Yes”! There are many reasons for the involvement of the CSEA and the OCSPC. What do the CSEA and OCSPC stand for? What role do they play in Support Payments? Each county in the State of Ohio has its own Child Support Enforcement Agency (CSEA) charged with keeping accounts and payment… -
Grandparenting Styles: Taking the Quiz
7 Jan 2012 | 5:00 amGrandparenting Styles: Impressions By a Dayton, Ohio, Divorce Lawyer It was truly a memorable Christmas. In the past we have usually managed to get the “family” together in Dayton, Ohio. But this year I locked the door of my law office; and my wife and I flew to Dallas to be with our son, daughter-in-law and our first grandchild – Hannah. We were fortunate enough to have been able to travel from Dayton, Ohio, to Texas to be in the hospital when Hannah was born five (5) months or so ago, but we haven’t visited in person since. I wish we lived closer. Dayton and Dallas are a long way… -
Postnuptial Agreements — Are they Valid in Ohio?
31 Dec 2011 | 5:00 amDid not make a Prenuptial Agreement, Are Postnuptial Agreements allowed? I am often asked whether a couple that never got around to executing an antenuptial (or prenuptial) agreement before they got married can execute a postnuptial agreement after the marriage ceremony. The answer varies greatly from state to state, and it is important to get an answer from an advisor familiar with the laws of the state in which the couple is residing. Does Ohio Allow Postnuptial AgreementS? In Ohio, the answer is clearly “no”. This goes back to the concept in Ohio that a husband and wife have a duty…
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NJ Family Legal Blog
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If Your Agreement Has a Mediation Clause In It To Resolve Future Disputes, You Actually Have to Go to Mediation To Resolve Future Disputes
23 Jan 2012 | 1:18 pmFor whatever reason, it is not unusual for a Marital Settlement Agreement and/or Custody Agreement to have a mediation clause in it which requires parties to go to mediation before bringing an issue to the Court by way or motion. For some issues, like enforcement, one questions the obligation to go to mediation. Either someone violated the agreement or they didn't. Other issues require a more swift decision and mediation could only slow the resolution down, especially for the party who might benefit from the delay. And while we see these clauses all of the time,… -
ENFORCEABILITY OF DOMESTIC VIOLENCE RESTRAINTS THAT PROHIBIT A DEFENDANT FROM ATTENDING ANY LOCATION WHERE PLAINTIFF MAY ALSO BE PRESENT
19 Jan 2012 | 5:06 pmAs family law practitioners who frequently represent parties in domestic violence actions, we are often confronted with clients who, having been the victim of domestic violence, seek to prohibit their spouse’s presence at any location where they will also be present. Until just recently, the law remained silent as to whether a restraining order could provide such broad prohibitions. On January 17, 2012, the legal silence ended by way of the matter of State v. S.K., Docket No. A-1488-10T1, which has been approved for publication and is, therefore, binding law upon the trial courts of our… -
Another day, Another Judge lost
18 Jan 2012 | 7:06 amThere is no secret that New Jersey is suffering a significant crisis with respect to judicial vacancies. This year alone has seen a significant number of retirements without replacements being named. The effect on the family courts, and in particular, the divorce docket, has been catastrophic. I was at a meeting of family lawyers just recently at which the assignment judge of a county in the southern part of the state was kind enough to come and discuss directly with the bar the situation. And while I deeply appreciated the fact that he did, and the efforts that the… -
Court Says Incomplete Records and Inaccurate Tax Filings from the Self Employed Common in Divorce
16 Jan 2012 | 4:01 amOn Friday, I blogged on the judicial estoppel aspect of the Romano case decided last week by the Appellate Division. While that was the major issue in that case, there was another part of the case that jumped out at me, when I read this line related to the court's valuation of the husband's business and calculation: John also maintains that Judge Becker should not have accepted Dana's expert testimony with regard to the value of his business and the income it generates. John did not provide sufficient reliable information to allow Dana's expert to use valuation techniques based on tax… -
Everything You Say Can and Will Be Used Against You in a Court of Law - Especially if you said something different in another court
13 Jan 2012 | 1:28 pmWe have all seen and heard those familiar words in the title of this entry in moves or on TV. This is part of the "Miranda" warning administered by a police officer when they are arresting someone. Do these words also have a place in divorce court? Not in the same way, but in reality they do. Other than settlement communications, attorney/client and other privileged communications, everything else is just about fair game. That is why Facebook, emails and texts have become such a treasure trove in divorce cases as people freely put things in writing that…
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Texas Family Law Blog
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Grounds for Annulment in Texas
18 Jan 2012 | 4:19 pmGenerally, under Texas law, a marriage can be annulled if, at the time of the marriage: 1. Marriage of Person Under Age 18: one party was under the age of 18 years old 2.Under Influence of Alcohol or Narcotics: the person seeking the annulment was under the influence of alcohol or narcotics 3.Impotency: one of the married persons is permanently impotent 4.Fraud, Duress or Force: the person seeking the annulment entered the marriage under fraud, duress, or force 5.Mental Incapacity: one of the married persons did not have the mental capacity to consent to marriage or understand the nature of… -
How is an Annulment different from Divorce?
21 Dec 2011 | 4:16 pmA divorce legally terminates a marriage.While you are no longer married, the marriage was legally valid at the time. An annulment dissolves a voidable marriage by declaration that it was legally invalid.From a legal perspective, after an annulment, it is as if the marriage never existed. There is also a difference between a “voidable” marriage and “void” marriage. A voidable marriage is valid and recognized until it is annulled and declared legally invalid.On the other hand, a void marriage was never valid or recognized.For example, a marriage is voidable and can be annulled if one of… -
Can I Seek Custody of Someone Else’s Children?
2 Dec 2011 | 4:19 pmBlended or complex households may involve raising step-children or even the children of friends and other non-relatives, often for a variety of practical economic and social reasons. But typically a non-relative does not have the legal right (called “standing”) to seek a court order for custody or to be appointed as that child’s conservator. However, the Texas Legislature has recognized that, under certain circumstances, a non-relative can have enough involvement in a child’s life to be entitled to seek rights typically reserved for that child’s parents or other relatives. -
Legal Separation in Texas
22 Aug 2011 | 6:56 pmThere is no such thing as “legal separation” in Texas.The only legal proceeding for separation is divorce.Once a divorce is filed, the court can make temporary orders concerning the parties, their property, and their children.However, some couples fee they need to be “separated” for a time to determine if their relationship is reconcilable or if divorce is truly necessary.This can cause problems because property and finances may remain joint between the spouses while married. While there is no such thing as legal separation in Texas, it is possible for spouses desiring a period of… -
What is Spousal Maintenance and when is it available?
8 Aug 2011 | 6:04 pmTexas has very limited laws regarding the availability of spousal maintenance.Spousal maintenance is defined under the Texas Family Code as “an award… of periodic payments from the future income of one spouse for the support of the other spouse.”(Tex. Fam. Code § 8.001)In other words, “spousal maintenance” is something of a misnomer – it is actually paid by a former spouse after the divorce is granted and the two persons are no longer married. Under Texas law, a person is only eligible to receive spousal maintenance if: 1) the other spouse was convicted of an act of family…
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Connecticut Lesbian and Gay Law
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Nationwide Productions of Dustin Lance Black’s “8”
19 Jan 2012 | 5:48 pmI received the following announcement and thought you might be interested: American Foundation for Equal Rights and Broadway Impact Announce: Nationwide Productions of Dustin Lance Black’s “8” Play Shows World Why Marriage Equality Must Prevail Forty College and Community Theatres Across the Country to Stage Readings in 2012 Los Angeles, CA – The American Foundation for Equal Rights (AFER) and Broadway Impact are proud to announce a set of at least forty nationwide productions of “8,” a play chronicling the historic trial in the federal constitutional challenge to California’s… -
The Coalition to Protect North Carolina Families Launches Web Campaign
18 Jan 2012 | 8:09 pmThe Coalition to Protect North Carolina Families has launched a web campaign in opposition of North Carolina’s Amendment One. Follow Connecticut Lesbian and Gay Law blog on Facebook for all blog posts from this blog as well as additional stories and links of interest to the LGBT community. Be sure to LIKE our page. Follow the Law Offices of Irene C. Olszewski, LLC on Facebook. Be sure to LIKE our page. Visit us on Google+ and be sure to join our circle. Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any… -
Martin Luther King, Jr. — the Fight for Equality Continues
16 Jan 2012 | 5:25 pmOn this day, we celebrate Dr. Martin Luther King, Jr., whose tireless efforts to win equality for black citizens through peaceful protest have brought lasting change to this great country. Today, as we remember him, it is also important to remember that his lessons apply to the LGBT struggle for equality. This is an election year and election years always bring uncertainly (and hope) to the LGBT community. As you stand up and fight for your rights and the rights of all other LGBT citizens to be treated fairly and equally under the law, remember Dr. King’s famous speech: “I… -
Washington’s Governor Supports Legalization of Same-Sex Marriage
6 Jan 2012 | 2:58 pmWill the State of Washington become the next jurisdiction to legalize gay marriage? Yes, if Governor Chris Gregoire’s proposed legislation becomes a reality. If so, that will make Washington the seventh state legalize same-sex marriage. “I can’t sit here any longer and say it’s OK to discriminate,” said the Governor. “I have not liked where I have been for seven years and I have sorted it out in my head and heart. What’s more important to me is I believe in equality and respect for all citizens.” Read the full article here. (Includes audio). … -
Attorney Olszewski’s 2012 LGBT Forecasts Published in Connecticut Law Tribune
5 Jan 2012 | 2:44 pmI was pleased to be asked to author an article on LGBT legal issues for the 2012 Forecast issue of the Connecticut Law Tribune. The article is called, “The Ever-Changing Landscape Of LGBT Law”. It appears in print and online. The article addresses everything from same-sex marriage and adoption to transgender rights. You may read it here. Follow Connecticut Lesbian and Gay Law blog on Facebook for all blog posts from this blog as well as additional stories and links of interest to the LGBT community. Be sure to LIKE our page. Follow the Law Offices of Irene C. Olszewski, LLC…
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Always Family Center
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Arguing Over an Elderly Parent’s Care?
9 Jan 2012 | 2:17 pmAre you and your grown siblings arguing over your elderly parent’s care? Here’s a great article in the Star Tribune titled “New Sibling Rivalry: Caring for Parents” (see excerpt and link below) about elder care disputes. Arnold Law and Mediation … Continue reading → -
Two Heads Are Better Than One; A Team Approach
2 Jan 2012 | 10:36 amI recently talked with Janeen Massaros and Jeff Postuma about their service that they call A Team Approach where they offer a male and female team for Mediation, Parenting Time Expediting, Custody Evaluations, Parenting Skills Assessments, and Early Neutral Evaluations. … Continue reading → -
Skype Conversation with LEGALnudge founders Attorneys Jenna Westby and Allison Marshall
12 Dec 2011 | 4:13 pmI was really interested in the law firm with attorneys Jenna Westby and Allison Marshall called LEGALnudge, because of the law firm name and because of their pricing structure. Most law firms are named after the last name or names … Continue reading → -
Hold Me Tight by Sue Johnson; Emotionally Focused Therapy (EFT)
25 Oct 2011 | 1:34 pmThe book Hold Me Tight by Sue Johnson has a lot of interesting ideas surrounding the issues of communication between couples. I was lucky to be fortunate enough (see video below) to sit down with the author herself (through Skype) to … Continue reading → -
LMFT Laura Barbeau’s Perspective on Emotionally Focused Therapy (EFT) for Couples and the book Hold Me Tight
21 Oct 2011 | 9:00 amI was really impressed, when I read the book Hold Me Tight by Sue Johnson. This is not your ordinary couples self-help book but is instead a research-based handbook for couples looking to work on their relationship and looking to learn … Continue reading →
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Boston Divorce Lawyer - Boston Divorce & Family Law Attorney Blog
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What is Child Support Used For
24 Jan 2012 | 10:31 am“But that’s what child support is for!” I often hear this refrain, or its cousin “I understand that’s why s/he is paying child support”. More often than not, it isn’t correct in the context. People tend to think that a child support payment is intended to be the full contribution owed by a non-custodial parent, but that is rarely true. So what is child support for? And when are you liable for or entitled to additional monies? Child Support is intended to insulate children from the economic impact a divorce can have on a child’s standard of living. As the 2009… -
When Can my Alimony Be Modified?
28 Dec 2011 | 11:38 am -
Divorce in a Recession
23 Dec 2011 | 10:31 amAs a divorce attorney, I would be lying if I said I didn’t notice the effect the Great Recession has had on my practice. Like almost every business in any industry, I’ve noticed that fewer new clients are walking through the door. But I wasn’t aware of the startling effect the Great Recession has had on divorce rates generally. A recent piece by NPR’s All Things Considered informed me that studies have shown that for every one percent increase in the unemployment rate, there is a one percent corresponding drop in the divorce rate. This correlation isn’t due to families… -
Massachusetts is NOT a 50/50 State
26 Oct 2011 | 8:00 amI am surprised at how often I hear both clients and attorneys tell me that in Massachusetts, when couples divorce, everything is split 50/50. That is simply not true in Massachusetts. Splitting everything 50/50 is more akin to community property states such as California. Let’s break down that sentence and examine it: Everything is split 50/50 The bolded text “everything” is correct and accurate. In Massachusetts, when a couple divorces, everything is up for grabs. Everything includes income and assets acquired during the marriage and also before the marriage. -
Massachusetts Alimony Reform Infographic
11 Oct 2011 | 10:37 pm
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Iowa Law Blog
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US Supreme Court Adopts Ministerial Exception to Discrimination Laws
20 Jan 2012 | 3:01 pmIn the unanimous Hosana-Tabor v. EEOC decision issued January 11, 2012, the U.S. Supreme Court recognized for the first time a "ministerial exception" to virtually all forms of employment discrimination. The "ministerial exception" as announced by the Court is not a prohibition against asserting claims against religious organizations, rather an affirmative defense. The facts of the case are straightforward: Cheryl Perich was employed by Hosanna-Tabor Evangelical Lutheran Church and School as a "lay" teach in 1999. In 2000, she… -
A Lesson in Preventing & Correcting Discrimination
12 Jan 2012 | 1:52 pmA recent 8th Circuit decision demonstrates the importance of responding investigating and responding to claims of harassment and discrimination. In Crawford v. BNSF Railway Co., the plaintiffs alleged that their supervisor sexually and racially harassed them on a frequent basis. The court granted judgment in favor of the employer because the employer was able to show that it acted reasonably to prevent and correct any sexually harassing behavior and the employees failed to take advantage of the preventive and corrective opportunities provided by the employer. The employer not only… -
EPA Issues Mercury & Air Toxics Standards
21 Dec 2011 | 2:02 pmToday the EPA issued new standards limiting mercury, acid gases, and other toxic pollutants from power plants. A fact sheet is available here. Essentially, the standards seek to eliminate 90% of mercury and air toxics from power plant emissions by year 2016. I will provide an update setting forth how the rule will be implemented. -
Less Than Clear Language in Will Spells F-E-E-S
21 Dec 2011 | 8:46 amA ruling issued today by the Iowa Court of Appeals brings to focus the necessity of clear and thorough language. If not, your attorneys will thank you for the additional fees that you bring to them. After all, attorneys need to eat, too. As husband and wife, Paul and Minda had a will which provided for each other for their lives, then Minda's will provided that if she and Paul died at the same time or after her, her estate would pass to Paul's daughter Gail (Minda's step-daughter). Everything looks fine at first glance. But what if Paul predeceases Minda? What would happen then? -
Iowa Fence Law (Needs) Update
5 Dec 2011 | 9:47 amIowa Law Blog recently featured a post regarding the Iowa fence law found at Iowa Code Chapter 359A. That post discussed that although the fence law was historically enacted for agricultural purposes, the Iowa Supreme Court has ruled that its applicability extends to "serve the broader public good by mediating boundary, fence and trespass disputes." Gravert v. Nebergall, 539 N.W.2d 184, 188 (Iowa 1995). The fence law could be used for urban purposes as well. The fence law directs that the township trustees of the subject area will serve as…
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Colorado Springs Divorce Attorney Blog
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‘IT’S MINE!”
24 Jan 2012 | 9:10 amBy Teresa A. Drexler, Partner The Gasper Law Group, PLLC Parties in a divorce tend to be very defensive about financial issues. A common statement made at the beginning of the divorce is “I made the money and supported this family so why should the other party benefit financially from my hard work?” The years of hard work, however, were during a marriage where it is likely the other party contributed either financially with their own income into the marriage or by their contributions to maintaining the household. The typical example is the corporately employed husband and stay-at-home… -
The Power of Negotiated Agreement
23 Jan 2012 | 9:56 amBy John H. Bolen Staff Attorney The Gasper Law Group You probably won’t be surprised to learn that family courts have a number of drawbacks – from high costs to overburdened judges – which demonstrate why they are generally the wrong place to resolve a domestic relations issue. In addition to being outrageously expensive, the legal system heightens negative emotions, and purposefully poses one “side” against the other. In most cases involving children, for example, the best thing that can probably happen is for parents to be on the same ‘team,’ and not think of themselves as… -
ALL IN THE FAMILY – A CONFLICT OF INTERESTS
30 Dec 2011 | 10:36 amBy Matthew B. Drexler Partner and Attorney The Gasper Law Group Colorado recognizes the rights of parents, grandparents and even psychological parents in child custody disputes. It is easy to imagine a scenario where a young couple, once madly in love, is now squaring off in court about who should get more time with the child or who should be allowed to move with the child out of state. However, the young couple could not have imagined all those who would appear in court demanding parenting time (also known as visitation). It takes a village to raise a child, right? The more the merrier? The… -
The Road to Parental Alienation is Paved with Good Intentions
28 Dec 2011 | 10:31 amBy Carrie E. Kelly Staff Attorney The Gasper Law Group When you hear the phrase “parental alienation,” you probably think of one parent refusing to allow the other parent to see the child, denying phone contact or telling the child negative things about the other parent. In reality, parental alienation can be much more subtle. Oftentimes parents unwittingly alienate their children from the other parent with the best of intentions. The purpose of this blog is to help you think like the courts so that you can avoid both putting your children in a hard spot and getting on the wrong side of… -
Social Media, the First Amendment and your Family Law Case
20 Dec 2011 | 2:11 pmBy Jennifer L. Helland Attorney at Law The Gasper Law Group Facebook, Twitter, and MySpace. We have all heard about them and they are frequently mentioned in the news. Recently, there was a block buster movie about Facebook, a court case about the freedom of speech and postings on social media, and stories about criminals caught because of their postings on these sites. Everywhere you turn, technology and social media seem to be there. As an attorney, where is a fantastic place to get dirt clients and the other side? Social Media. It is amazing what people post on social media, relatively…
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Pink Tape
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Damn your eyes you contemptible scoundrel!
26 Jan 2012 | 4:21 pmYou know those times when checking the to-do list doesn’t calm you down? That. So in lieu of a calm considered post (or even in lieu of a lengthy and time consuming but ill considered ranty post) please accept the following offerings: Contempt: Don’t be in it to win it. You’d think that journalists that do reporting for a living would have a clue about what contempt of court is and what they can and can’t report. Goodness, I know nothing about criminal law but even I can work out that tweeting the name of a member of the jury in a high profile tax evasion trial is… -
Approaching Mediaton
22 Jan 2012 | 4:18 pmOnce again I’ve spent a solid 3 day stint undertaking mediation training and I’m relieved to say it’s now over, apart from one assignment. You only realise how much you rely on a weekend of pootling in order to recharge for a Monday when it’s taken away. My recharging time has been eaten up by role play and hat swapping and ethical angst. I need a weekend. That said I am positively abrim with information, ideas, questions, and opinions about mediation – all of which have been percolating away in the background whilst I got to grips with my 10.30 con for tomorrow… -
Out On A Technicality
20 Jan 2012 | 6:00 amI complain often enough about the LSC finding pathetic technicalities upon which to base the rejection of my claims for payment for work done (most recently a five figure sum which relates to work between 6 and 18 months ago on a single case, but more frequently the rejection of a smaller claim because I have a court seal (not readily forged) instead of the mandatory initial (easily forged) on my FAS form). But the recent refusal of a legal aid contract to the National Youth Advocacy Service (NYAS) to enable it to continue to represent children involved in intractable or complex private law… -
Child Support Support from Gingerbread
19 Jan 2012 | 3:41 pmGingerbread has launched an email advice pack for single parents who are looking for information about child maintenance payments. Child maintenance is an essential form of support for many single parent families, but making arrangements to ensure it gets paid can be complicated and confusing. With the government talking of overhauling the way child maintenance is currently managed through the Child Support Agency, it pays to have all the facts. Gingerbread’s child maintenance email pack gives single parents access to expert advice at the click of a mouse on topics such as: Getting the… -
Bailii
18 Jan 2012 | 4:46 amA long time ago I promised I would do my bit to help BAILII raise funds. And then I forgot about it. I have now made good on my promise and gift aided 5% of the funds I have raised through advertising on Pink Tape to BAILII. Not a fortune, but it’s better than a poke in the eye. This seems like a good opportunity to remind others that BAILII do struggle for funds, and that they are hugely important to the legal blogging community and more broadly in terms of access to justice. If you run a blog that links to BAILII, or if you are a lawyer that relies upon BAILII for transcripts –…
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Maryland Divorce Legal Crier
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Abraham Lincoln, Divorce Lawyer
25 Jan 2012 | 4:02 pmLincoln is one of my heroes. I’ve quoted him in some of my pleadings. But who knew he was a divorce lawyer? The Wall Street Journal Law Blog says that Lincoln and his law partners handled 131 divorces between 1837 and 1861. -
Subpoena Ad Testificandum and Duces Tecum
20 Jan 2012 | 4:15 pmHorace Reed joined the 5:00 am club this morning. He did his 100 pushups in fast sets of 25 each and then one more perfect one for good measure. “I bet opposing counsel didn’t do that this morning!” he thought to himself as he drank his morning coffee. Depositions were set for 10:00 and Horace was ready. He met his client in the lobby of opposing counsel’s building. “Any tips for my deposition?’ the client asked. Horace smiled and said, “No we weren’t served with a subpoena ad testificandum. It was a subpoena duces tecum.” “Speak English, please. I don’t… -
Rage
13 Oct 2011 | 4:08 pmScott Dekraai, 41, allegedly walked into the beauty salon where his ex-wife worked and killed her and seven other people yesterday in Seal Beach, California. They were involved in a bitter custody battle over their 8 year old son. I think there is a rage reaction lurking in all of us. Most of us keep it under control. But emotions are strong and they can overwhelm logical thinking. I’ve had clients who have let their anger involve them in domestic violence. I’ve had clients who have directed their anger inwardly and tried to commit suicide. When I asked them why, they said… -
Divorce Has Big Impact on Small Business
28 Sep 2011 | 3:58 pmGlenn Phillips of Birmingham, Alabama, is the founder of Forte, Inc., a software consulting business, who went through a contentious divorce, as reported by Deborah L. Cohen of Reuters. In addition to legal fees, support and property division, he estimates his divorce cost him more than $200,000 in lost business. He said he was regularly pulled away from work for meetings with lawyers, producing documents in discovery, and settlement negotiations, which took up more than a year. “It was painful, it was costly,” said Phillips, “I wasn’t there to lead and… -
Divorce Quotes
27 Sep 2011 | 12:56 pmA kind word turneth away wrath, but a harsh word stirs up anger. –Proverbs 15:1
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Family Law Source by Brian Vertz
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What is 2-2-5-5 Shared Custody?
26 Jan 2012 | 4:15 pmThere are many ways to describe a custody arrangement. The new Pennsylvania custody law, enacted in 2011, defines the terms we frequently use in describing custody: “Legal custody.” The right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions. “Partial physical custody.” The right to assume physical custody of the child for less than a majority of the time. “Physical custody.” The actual physical possession and control of a child. “Primary physical custody.” The right to assume physical custody of the… -
Gallagher: Tax Court Reviews Business Valuation Principles
23 Jan 2012 | 10:34 amThe opinions of the U.S. Tax Court in estate valuation cases can be instructive guidance on legal and valuation principles that are equally relevant to divorce cases. A recent decision of the Tax Court in an estate taxation case contains an excellent summary of those principles, as well as the latest thinking on a variety of hot valuation topics, including normalization of financial statement, tax-affecting of Subchapter “S” corporations, and valuation discounts. In Estate of Gallagher v. Commissioner, T.C.Memo 2011-148, the IRS disputed the business valuation used by a decdent’s estate… -
Child Witness May Testify About Abuse
21 Jan 2012 | 3:30 pmOn remand from the U.S. Supreme Court, the Pennsylvania Supreme Court has affirmed the conviction of a father who twisted and broke his 7 month-old son’s arm. Com. v. Allshouse (January 20, 2012). A 4 year-old sibling witnessed the abuse and described it to a CYF case worker who interviewed her at her grandparents’ home a week after the injury. A couple of weeks later, the daughter repeated her story to a court psychologist. The father was charged with aggravated assault, simple assault, child endangerment, reckless endangerment and criminal harassment. Before the criminal trial,… -
Submit 2011 Medical Expenses for Reimbursement Now
19 Jan 2012 | 3:56 pmUnder the Pennsylvania support guidelines, parents (and spouses who are receiving support) may be entitled to receive reimbursement of their medical expenses that were not paid by insurance, including copayments, deductibles, prescription and over-the-counter medications, and other out-of-pocket medical, dental and optical expenses. Generally the parent or spouse receiving support is required to pay the first $250 per year per person, but any expenses in excess of that threshold are allocated between the parents or spouses in proportion to their net incomes. Additionally, the support… -
INS Immigration Affidavit (I-864) Creates Enforceable Spousal Support Obligation
9 Jan 2012 | 11:09 amIn a ground-breaking decision, the Pennsylvania Superior Court recently vacated a trial court order refusing to enforce contractual support obligations under a standard affidavit signed by a U.S. citizen to sponsor his wife’s immigration. In Love v. Love, 2011 PA Super 268 (12/14/2011), the Court held that a Philadelphia trial court abused its discretion by refusing to enforce a contractual support obligation under an INS Form I-864 affidavit, where the citizen spouse agreed to provide support to his wife in an amount at least equal to 125% of the federal poverty guidelines until her…
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Blog entries
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Joseph Cordell on HuffingtonPost.com: Think Before Saying "I Do!"
27 Jan 2012 | 6:01 amJoseph Cordell’s latest column on HuffingtonPost.com explains why the moment you say "I do" you are essentially giving your spouse half of your wealth.Not just your current wealth and what you bring into the marriage, but nearly every asset acquired during the course of the marriage -- and sometimes after.Cordell, thRead More... -
Money Made Easy: What Backs Our Money In A Financial Crisis?
27 Jan 2012 | 1:13 amWith much of the world experiencing a financial crisis, what has backed the money for all these years?Financial adviser Dan Danford explains what is backing our currency, the currency of other nations, and why it all doesn't just fall apart when countries face perilous economic issues.Danford, CFP®, CRSP®, MBA, also addresses why monetary and fiscal poliRead More... -
Am I Responsible For My Wife's Credit Card Debt In A Divorce?
26 Jan 2012 | 5:00 pmQuestion:My wife racked up excessive credit card debt before we married and is now trying to make me pay off those cards that are in her name only as part of our divorce settlement.My name is not on those credit cards, and I have no direct line of credit.Will a judge make me pay for credit card debt that is in my wife's name only and the majority Read More... -
Dividing Personal Injury Settlements In Divorce
26 Jan 2012 | 5:00 pmQuestion:Do I have a claim to my wife's personal injury settlement?We have been separated for four years. During this separation period, she had a slip and fall personal injury that resulted in a large financial settlement.Am I entitled to any of the settlement money she received since we are still legally married?Read More... -
Snow Day! So Who Has Parenting Time On Days Off?
25 Jan 2012 | 5:00 pmBy Erin BrockhoffBelleville, Illinois Divorce LawyerAs winter weather and resulting snow days makes dreams come true for children across the country, it raises the issue of how parenting time and child custody exchanges are handled on unexpected days off from school.Typical child custody exchanges on normal school days usually occur after schoolRead More...
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Plano Family Law Attorneys Blog
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Can the lover of an unfaithful spouse be sued?
27 Jan 2012 | 11:24 amIn Texas, spouses sometimes experience infidelity by a husband or wife. While routine family law court cases address divorce issues such as alimony, child support, or asset division, a number of unique circumstances can still come up. One issue that was recently addressed involved the question of whether an aggrieved spouse can go to court to sue the lover of his or her unfaithful spouse. This type of lawsuit is unusual, but it does occur. There are at least 23 states where an adulterous affair is illegal. At least seven of those states allow for "heart balm" lawsuits seeking recovery for the… -
How can a divorced couple pay for a child's college?
24 Jan 2012 | 3:44 pmParents who are going through a divorce may feel that their child's college tuition payment is a long way off, especially if their child is very young. However, while it may feel like dorms and majors are years away, it can be very important for a Texas parent to address a child's college payment in divorce papers. Because a tuition payment is not part of child support, it is important to deal with it separately. In Texas, a parent is generally not responsible for paying child support after a child reaches the age of 18 years old. In most cases, a child has not yet entered college yet so… -
Film star Suvari seeks to prevent spousal support payments
20 Jan 2012 | 9:09 amMena Suvari is the latest celebrity to make it known that she and her husband are splitting up. Though many famous people attempt to maintain a public persona that suggests their lives are close to perfect, reality does not always align with perceptions. The truth is that celebrities have relationship troubles that sometimes end in divorce. Like these celebrities, many Texas couples are finding themselves trying to navigate the complexities of a divorce. Suvari, perhaps best known for her role in the award-winning film "American Beauty," recently announced that she has filed for divorce. She… -
Clearly-defined custody rights may prevent arguments
17 Jan 2012 | 8:15 amWorking within the limits of a court order in regards to child custody is a very important thing for a Texas parent to be conscious of. These agreements are established in order to protect the child's welfare and should be taken very seriously. When a person operates outside of any established rules, a court may intervene. For example, visitation rights are set so that each parent can have the opportunity to spend time with his or her child. They may split time weekly or monthly, but it is important that whatever the scheduled time is should be communicated openly between parents. As more… -
Military man pays child support for child that is not his
13 Jan 2012 | 10:48 amA man was sued for child support in a paternity action while he was in the military. Since he was in Iraq at the time and could not respond, the court entered a default against him. They began to garnish his pay check for child support. In Texas and throughout the United States, it is illegal to do this due to protection for military members under the Service Members Civil Relief Act. The court was not aware of the man's right to protection from being sued while he was overseas. They entered the default against him, which named him the father of a child, since he did not and could not answer…
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Marilyn Stowe Blog
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Holocaust Memorial Day: why we must all protect our culture of tolerance
27 Jan 2012 | 8:57 amAndrew Williams, the Chief Executive of Stowe Family Law is a proud Yorkshireman and Englishman. Blunt, straightforward and to the point, he has been a prime force in the development of the firm since he joined in 2004. A politician to boot, he was the youngest ever mayor of the City of Ripon. During his year as Mayor there was a service at Ripon Cathedral to honour the return of troops from Afghanistan to their barracks near the city, and I stood in for the day as the Lady Mayoress. It was a day I won’t forget. The thanksgiving of the people who packed the Cathedral, many of them the… -
Marathon woman (From Solicitors Journal)
24 Jan 2012 | 9:21 amFrom my latest Solicitors Journal column “Family Business”, 20/01/2012. Firms that focus on short-term gain rather than long-term stability are playing a dangerous game, says Marilyn Stowe Many would see it as a natural business instinct to welcome the decline or demise of a competitor. For me, there is little sadder news than hearing about a firm closing, downsizing or being forced to merge. This month has been characterised by such announcements, some particularly close to home which came as a shock. It seems the entire profession is suffering from the ‘January blues’ in more ways… -
The costs risk conundrum: how a change in the law has congested courts
23 Jan 2012 | 12:03 pmI read with great interest a post by my colleague, John Bolch of Family Lore, and its reference to the phrase “blood on the court carpet”. It was drawn from a comment originally made by District Judge Nicholas Crichton, who sits in Inner London and whose concern about the growing numbers of litigants in person and their attitude to litigation is reported in the Law Society Gazette. The Judge describes the current situation as “horrendous” and goes on to say: “We are getting more and more people coming to court in private law cases without the benefit of sensible, structured legal… -
Making sense of child maintenance. By guest blogger Anna Pietrowski of charity Gingerbread
20 Jan 2012 | 9:03 amOccasionally I am pleased to publish a guest post from contributors other than myself and my colleagues at Stowe Family Law, if I think it will be of real interest to readers generally. Given the concerns of many in relation to Child Support I am delighted to publish a guest post by Anna Pietrowski of Gingerbread, a long-established charity that supports single parent families. They are campaigning against the Government’s proposed introduction of charges to use the Child Support Agency (CSA). A cause that has received some powerful support from the former Lord Chancellor Lord Mackay of… -
Divorce, joint tenancy and how to prepare for the unexpected
18 Jan 2012 | 8:23 amA new case has come to light that is important for anyone going through family separation who owns a property jointly with their partner– as well as the practitioners advising them. What follows is a more complicated post than usual and I’ve done my best to simplify it. For all those unacquainted with Section 36 Law of Property Act 1925 may I first suggest reading my initial post on this subject three years ago, which looked at severance of joint tenancy and will help you to better understand the case I am about to cover. I explained how in English law, property is jointly owned in one of…
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South Carolina Family Law Blog
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Are South Carolina Couples Done Saying "I do?" Not Necessarily Says One Expert
26 Jan 2012 | 7:00 amAs of 2010, married couples had fallen to barely 51% of U.S. households, according to the Pew Research Center, with a full 5 percent drop in new marriages between 2009 and 2010 alone. The data for last year isn’t yet in, but if the decline continues then less than half of all adults will be married. Does this mean that marriage as we know it is dying? Not necessarily, according to Stephanie Coontz, a professor at Evergreen State College. Coontz’s most recent book is "A Strange Stirring: The Feminine Mystique and American Women at the Dawn of the 1960s." The… -
Tips on Surviving Financial Infidelity
24 Jan 2012 | 7:00 amDivorce can result from many things, but financial reasons are chief among the causes. Most people have made purchases outside your agreed upon budget then lied to hide the evidence or made purchases without clarifying just how much the totals came to. Making decisions to put you and your spouse at financial risk can create trust problems that could ultimately lead to divorce down the road. The best way to avoid these problems is to keep the lines of communication open and to talk candidly with your significant other about your finances. Suzanna de Baca of the Huffington Post offers the… -
Can Divorce Lawyer Be Forced to Testify in Client's Ex-Husband's Murder Trial? Maybe
23 Jan 2012 | 7:00 amAn article on ABAJournal.com discussed how one Georgia Court was recently forced to answer a grim question: can a lawyer representing a murder defendant's wife be required to testify in the husband's criminal trial? A judge must now answer that question after hearing arguments regarding a motion to quash a witness subpoena for the wife’s attorney Esther Panitch. Though it’s still the case that any information gathered by Panitch for the purpose of providing legal advice will remain confidential due to attorney-client privilege, the husband’s counsel argues Panitch has… -
While Some States Slow Down Divorce, Others Put the Pedal to the Metal
19 Jan 2012 | 7:00 amAs we mentioned in a post last week, some states have made a move toward lengthening their divorce process in the name of looking out for the best interest of children. New Jersey is evidently not as concerned with such things. In fact, New Jersey is set to become the East Coast version of Vegas. Legislation is currently sitting on New Jersey Governor Chris Christie’s desk which would turn this into a reality. The bill, if signed, would make it easier to get married in the state and would also expedite the process of getting a divorce. The bill was passed by both houses of the New… -
Think Breaking Up is Rough? New Study Confirms Divorce Can Kill
17 Jan 2012 | 7:00 amAccording to a recent article on HuffingtonPost.com, A new study entitled “Divorce and Death” appearing in “Psychological Science” shows that failed marriages can actually kill at the same rate as smoking cigarettes. Results were shocking as numbers showed that the risk of dying is a full 23% higher among those that have gone through a divorce than married people. Researchers were stunned as they did not believe life expectancy would be slashed to ages comparable with smokers, heavy drinkers, and the obese. Study authors David Sbarra and Paul Nietert make sure to point…
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Divorce Lawyers Chicago
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Joint Tax Filing for Illinois Civil Unions
24 Jan 2012 | 5:06 pmAs more and more states are joining the civil union bandwagon, including Delaware and Hawaii, we’re beginning to see some of the perks of the new domestic partnership status here in Illinois. The Illinois Department of Revenue has recently confirmed that couples in civil unions will be able to jointly file their taxes in 2012. Although the state’s Civil Union bill took effect last June, it has remained unclear whether couples in civil unions would be able to file taxes together. The Department of Revenue’s initial policy was to require couples in civil unions to file… -
Can’t Afford Child Support OR a Lawyer?
21 Dec 2011 | 9:28 amCan’t afford child support OR a lawyer? In a recently issued opinion, the U.S. Supreme Court ruled that “deadbeat” parents facing jail time for failure to pay child support aren’t automatically entitled to an attorney. In the case, Turner v. Rogers, the father claimed he couldn’t afford either his child support payments or an attorney to defend himself in the case against him. Despite his claims, Mr. Turner was sentenced to a year in jail for “civil contempt”. This was an interesting, but common, situation. The threat of civil contempt of court is… -
Same Sex Divorce in Illinois
9 Dec 2011 | 4:57 pmSame Sex Divorce in Illinois The historic day that Illinois’ civil union bill took effect this past June; a slightly less well-known bit of history took place. A same sex Illinois couple, previously married in Quebec, filed for Illinois’ same sex divorce. With the passage of the law, same sex couples were afforded not only the right to enter into civil unions, but also the right to legally dissolve their relationships. Perhaps it’s not as glamorous a right as some that same sex couples now enjoy in Illinois, but it is certainly important. This new type of divorce case in… -
A Good Divorce Attorney Makes a Big Difference
21 Nov 2011 | 8:59 amAuthor Jackie Pilossoph This blog is a reprint from http://bit.ly/t9Xpv1 by Jackie Pilossoph. Several years ago, when I first decided to consult a divorce attorney, I was referred to a woman by a friend. I went to see her for a consultation in her posh downtown office, and when I first laid eyes on her, I was intimidated beyond. She looked more like a supermodel and she had on this dress that was literally up to her mid-thigh. I tried really hard not to judge or draw any conclusions before getting to know her. During our half hour meeting, however, things tumbled downhill. To put it bluntly,… -
Cohabitation and Children
24 Oct 2011 | 4:29 pmIn August, the National Marriage Foundation released a contentious study suggesting that cohabiting couples pose a grave threat to the welfare of children. The practice of an unmarried adult couple living together without ever legally formalizing the relationship is far from new, but has become increasingly common. However, this study argues cohabitation is prone to instability, resulting in more break-ups than marriage. Many disagree with the central thesis of the study, claiming instead that the stability of a household, as it relates to children, is really about the quality of the…
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Scaling the Summit: A Family Law Blog
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Post-Divorce Problems: Should my Alimony Order Change?
26 Jan 2012 | 9:00 amWhether or not an alimony order can be modified post-divorce depends first on whether the order merged or survived. Many decisions in a divorce agreement, such as property division, survive the Judgment and cannot be changed. When reaching an agreement, spouses can decide whether or not to make alimony orders or waivers permanent by surviving them or merge them into the Judgment. If merged this means that such orders can be modified if there is a material and significant change in circumstances. Merging alimony orders is more typical because no one knows exactly what… -
Post-Divorce Problems: Should my Child Support Change?
24 Jan 2012 | 9:00 amIn our last post we explored reasons that there may be some inequities post-divorce that cannot be remedied. Many decisions in a divorce agreement, such as property division, survive the Judgment and cannot be changed.However, there are two types of court orders which always merge into the Judgment, meaning they can be modified if there is a material and significant change in circumstances: child custody and child support.The Court retains jurisdiction over provisions relating to child custody and visitation to protect the children. For example, in the event one party becomes… -
Post-Divorce Problems: My Ex is Doing Better than Me
20 Jan 2012 | 9:00 amWhile our last post explored what happens when your ex violates the Divorce Judgment, what happens if everyone is following the agreement perfectly, but one of you has clearly got an advantage?A common complaint that potential clients express to us is a dissatisfaction with their prior agreement or judgment because their ex-spouse seems to be doing very well. They might have a bigger house, or take a lot of vacations, or have a really nice car. In some cases this is a legitimate indicator that a support order may not be fair, and in those cases a Complaint for Modification may be… -
Post-Divorce Problems: My Ex Isn't Following the Judgment
18 Jan 2012 | 9:00 amUnfortunately, sometimes the end of a case isn't the end of a dispute. Often two people who just don't get along anymore end up back in court to resolve an issue that arises after the divorce case has ended. Whether the case ended with an agreement (usually called a "Separation Agreement" or a "Divorce Agreement") or with a trial, there will be a judgment dividing the assets and liabilities of the former spouses, and defining any support or other obligations owed to each other, or to any children. This Judgment can be amended or enforced as necessary and dependent on certain circumstances. -
Child Tax Deductions: Who gets them in a Divorce?
16 Jan 2012 | 2:02 pmOn your Federal Income Tax Return you can claim an exemption for each qualifying child, which for the tax year 2011 will result in a $3,700 per dependent credit off of your taxable income. Depending on your tax bracket this could save you as much as $1,295 in federal taxes. But if you are separated or divorced and filing separate federal income tax returns, who gets the exemption?First of all, you can't both take it. Only one of the parents can use the exemption for each child on their return. If you both claim a child, the IRS will reject your return and send you a letter…
