Family Law

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  • NEW JERSEY ANNULMENT DEFAULT DIVORCE JUDGMENT MEDIATION LAWYER ARBITRATION

    New Jersey Family Law
    Charles Abut
    20 Jan 2015 | 7:49 am
    This case implicates the “first-to-file” rule of New Jersey matrimonial law, in the context of competing claims of a default divorce judgment and an annulment.      Kemunto-Angwenyi v. Mghenyi, New Jersey App. Div., January 7, 2015
  • NEW JERSEY CHILD SUPPORT GUIDELINES DIVORCE MEDIATION LAWYER ARBITRATOR HACKENSACK

    New Jersey Family Law
    Charles Abut
    16 Jan 2015 | 7:50 am
    This case is the first of its kind in New Jersey family law to explain in precise detail  how to calculate child support when there are multiple family obligations involved. The decision contains the 19 step procedure to be followed to complete the necessary calculations.    Harte v. Hand, New Jersey Ch. Div., January 5, 2015
  • Marriage and Consquences

    Family Law Prof Blog
    Family Law
    30 Jan 2015 | 12:28 am
    From Erez Aloni (Whittier Law School), writing for the Guardian: Even as social conservatives pontificate on preserving the sanctity of marriage and the importance of making divorce once again more difficult, other conservatives have launched a complementary crusade if ‘I...
  • Custody Dispute

    Family Law Prof Blog
    Family Law
    27 Jan 2015 | 3:49 am
    From Between the Lines News: A custody case filed against a local lesbian woman will soon be presented before a Wayne County Judge, as the children's biological father seeks full custody. Annette Burgan, 44, has three children. The metro Detroit...
  • SUPREME COURT TO ISSUE DEFINITIVE RULING ON SAME-SEX MARRIAGE

    NJ Family Legal Blog
    Robert A. Epstein
    16 Jan 2015 | 1:32 pm
    Following its landmark 2013 decision striking down part of the Defense of Marriage Act as unconstitutional, the Supreme Court earlier today decided to take on what will likely be the definitive ruling on the issue of same-sex marriage.  By addressing the state-by-state divide on same-sex marriage, the Court will determine whether a state-imposed ban on same-sex marriage is unconstitutional. Specifically, the Court will be reviewing a Sixth Circuit decision upholding same-sex marriage bans from several states, which conflicts with four other circuit court rulings.  Arguments are expected…
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    The Stevens Firm, P.A.

  • Jonathan Lounsberry Selected for 2015 SC Bar Leadership Academy

    Ben Stevens
    30 Jan 2015 | 5:35 am
    The Stevens Firm is proud to announce that Jonathan W. Lounsberry has been selected to participate in the 2015 Leadership Academy sponsored by the South Carolina Bar. This highly selective program, with a class of only 19 attorneys chosen from across our state, is designed to enhance the professional growth and leadership skills of members of the Bar to prepare them for greater contributions to the legal profession and the community. Jonathan is a well-respected family law attorney, and he is thrilled to be selected to participate in this program. Of this honor, he said “I am very honored…
  • Avoid Paying “Emotional Tax” During South Carolina Divorce

    Ben Stevens
    29 Jan 2015 | 5:30 am
    Everyone knows how exhausting divorce can be: financially, physically, and emotionally. The ordeal can be so draining that otherwise rational people feel compelled to make decisions that are against their best financial interest. Experts refer to these irrational and costly decisions as an “emotional tax.” For tips on how to avoid paying an emotional tax during your South Carolina divorce, keep reading. The emotional tax associated with divorce is most clearly shown in two scenarios: (1) the angry spouse who was blindsided by the divorce and now wants to exact revenge by dragging his or…
  • Alimony and Taxes

    Ben Stevens
    28 Jan 2015 | 5:30 am
    Alimony is a confusing subject for most people going through a South Carolina divorce. Few understand how it is awarded, how much and for how long. Another aspect of alimony that catches many by surprise is the important impact it can have on your taxes, whether you are the one receiving or the one paying the alimony. To learn more about the interplay between alimony and taxes, keep reading. Alimony’s Impact on the Payer Though it is certainly no fun to make alimony payments every month, the good news is that the person paying the spousal support is entitled to a tax deduction. Alimony…
  • Confidentiality in Divorce Proceedings

    Ben Stevens
    27 Jan 2015 | 5:30 am
    It can be hard to discuss embarrassing or sensitive issues with a stranger during a divorce, even if that person is your attorney. It can also be hard to feel secure bringing up matters like money, children, or possible infidelity and feeling comfortable enough to be fully honest. Thankfully, the attorney-client privilege requires your lawyer to keep all of your sensitive information private, but how does confidentiality in divorce proceedings work? What is the attorney-client privilege? The attorney-client privilege has a very practical importance to anyone considering hiring a lawyer, as it…
  • What to Expect During Your Initial Consultation with a Divorce Lawyer

    Ben Stevens
    26 Jan 2015 | 5:30 am
    If you’re new to the concept of separation or divorce (as most people are), it can be a confusing time, never knowing what to expect next. Being repeatedly thrown into new and unfamiliar situations can be exhausting after a while, and it is often nice to have some idea of what lies ahead. In an attempt to demystify one of the first aspects of the divorce process, let’s discuss what happens during an initial consultation with a divorce lawyer in South Carolina. What to bring with you? The good news is that you do not have to bring anything to an initial divorce meeting if you don’t want…
 
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    family law news - Google News

  • S v G [2015] EWFC 4 - Family Law Week

    30 Jan 2015 | 10:34 am
    S v G [2015] EWFC 4Family Law WeekBut a system of private law in which responsibility is very firmly placed with parents – and the court interferes really only at their request – depends upon the court assuming that parties that go into transnational parenting agreements go in with
  • Ombudsman warns of risk of determining mental capacity without proper ... - Family Law Week

    30 Jan 2015 | 9:03 am
    Ombudsman warns of risk of determining mental capacity without proper Family Law WeekThe investigation was carried out after a family complained to the LGO that social workers at Cambridgeshire County Council compelled their father, who has dementia, to move into a care home. ... The Mental Capacity Act Code of Practice is clear on this.
  • The President, Mr Justice Holmes and the Life of the Law - Family Law Week

    30 Jan 2015 | 3:17 am
    The President, Mr Justice Holmes and the Life of the LawFamily Law WeekThe President, Mr Justice Holmes and the Life of the Law. Following Sir James Munby's judgment in B and G (Children) (No 2), David Bedingfield, barrister of 4 Paper Buildings, considers the continuing relevance of the American jurist, Oliver Wendell
  • History, Bar Associations and Family Law - Connecticut Law Tribune

    29 Jan 2015 | 1:34 pm
    Connecticut Law TribuneHistory, Bar Associations and Family LawConnecticut Law TribuneThey say we learn everything we need to know in kindergarten or in this case high school, but truly I must admit, I am still out there learning and am grateful for every gift of intelligence that is bestowed on me. These gifts come in all shapes and
  • Collaboration of lawmakers, attorneys propose family law reform package - Minneapolis Star Tribune

    29 Jan 2015 | 9:43 am
    Collaboration of lawmakers, attorneys propose family law reform packageMinneapolis Star TribuneA package of proposals to reform family law in Minnesota are the result of more than a decade of negotiations capped with difficult but successful compromise, a group of bipartisan lawmakers said Thursday. The changes, which range from altering child ...
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    Florida Divorce * Child Custody * Domestic Violence Law | Delray Beach Lawyer Janet Langjahr

  • Why Some Marriages Are Doomed to Fail … Almost from the Start

    Janet Langjahr
    28 Jan 2015 | 8:01 pm
    Some marriages never stand a chance. Here are some reasons why failure may strike fast. Cheating practically out of the gate. Dramatic personality change immediately after the wedding. The marriage was nothing more than a means to an end, such as having a child, right now … and it doesn’t happen right now. Latent substance abusive tendencies come to the fore shortly after wedding bells ring. They develop a new fascination with someone else. They begin to act as though you are chattel and must do as they wish. Unrecognized incompatibility of needs and ways of interacting. Youth and…
  • Want to Stand Up and Be Counted?

    Janet Langjahr
    27 Jan 2015 | 8:18 pm
    That is the question spurred by proposed changes to the US Census survey. Specifically, the Census Bureau has concluded that questions pertaining to marriage and divorce provide “low benefit and low cost”. But not everyone agrees with their assessment. Some experts believe that marriage and divorce data have important implications, including practical ones for Social Security benefits planning and more academically for broad-based socio-economic research – and the census may be the only viable source of such data. It turns out that states may not report this data, or may not do so…
  • If You Think Getting a Divorce Here is Tough, Try Living in the Phillipines

    Janet Langjahr
    26 Jan 2015 | 7:56 pm
    Every state in the union now recognizes no-fault divorce and allows for simplified uncontested divorces. But it was a long time coming, with New York State being the last holdout. But that doesn’t mean that every couple everywhere has a legal right to a no-fault, uncontested divorce. On the contrary, every couple does not have a right to any kind of a divorce. For example, in the Phillipines, divorce is not permitted. At all. Period. Really. If a couple satisfies the fairly strict and narrow grounds for it, a marriage may be annulled. But it’s not easy, fast or inexpensive. And it…
  • Lenders Who Specialize in Financing Divorces

    Janet Langjahr
    25 Jan 2015 | 9:21 pm
    There’s a relatively new breed of lender out there. Instead of mortgages and car loans, they offer loans to help a divorcing spouse fund their divorces, everything from attorney’s fees to expert fees, even your living expenses during your divorce. In return, they collect a “cut” of your divorce settlement or court award. A financial expert enthuses that divorce lenders view divorce as an “investment opportunity”. The notion of being able to borrow now and, more or less, let the other spouse / settlement or award pay dearly later clearly has appeal value. Unfortunately…
  • Man Proved Not to Be A Child’s Biological Father Faces Jail for Non-Payment of Child Support

    Janet Langjahr
    24 Jan 2015 | 6:24 pm
    Mother has Child. Mother applies for public assistance. The application requires Mother to designate Child’s father. Mother lists Man. Thereafter, Michigan Family Court enters order for Man to pay child support for Child. Man does not pay the child support. Child support arrears accrue over time until the past due amount reaches $30,000. Man now faces jail for nonpayment of child support. Oh, a paternity test confirms that Man is not the biological father of the Child for whom he has been ordered to pay child support. That sounds awful and unjust. And it is. But this is the short…
 
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    Family Law Prof Blog

  • Marriage and Consquences

    Family Law
    30 Jan 2015 | 12:28 am
    From Erez Aloni (Whittier Law School), writing for the Guardian: Even as social conservatives pontificate on preserving the sanctity of marriage and the importance of making divorce once again more difficult, other conservatives have launched a complementary crusade if ‘I...
  • Adopting Older Children

    Family Law
    29 Jan 2015 | 5:54 am
    From Newsmax.com: Babies are a hot commodity and so scarce here in the U.S. that some prospective adoptive parents will spend thousands of dollars to adopt a baby from overseas — while older children are ignored and left behind. But...
  • Same-Sex Divorce in Mississippi

    Family Law
    28 Jan 2015 | 5:50 am
    From SFGate: Mississippi, which does not allow same-sex marriages, should find a way to grant a divorce to a DeSoto County woman who married another woman in California in 2008, lawyer Carey Varnadotold the state Supreme Court on Wednesday. The...
  • Custody Dispute

    Family Law
    27 Jan 2015 | 3:49 am
    From Between the Lines News: A custody case filed against a local lesbian woman will soon be presented before a Wayne County Judge, as the children's biological father seeks full custody. Annette Burgan, 44, has three children. The metro Detroit...
  • DeKalb Middlemen

    Family Law
    26 Jan 2015 | 5:49 am
    From Dekalb Daily Chronicle: A new service beginning Tuesday will provide DeKalb County parents with a middleman to keep their children out of potential squabbling during visitation exchanges. The Neutral Exchange Program, a new division of the DeKalb County-based Family...
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    Missouri Divorce & Family Law Blog

  • Parenting plan must have written time schedule and address holidays

    Kansas City Divorce Attorney Mark Wortman
    18 Jan 2015 | 8:41 am
    Recent Case:  Missouri parenting plans must have specific, written parenting time schedule and must address holidays. Mother appeals from a judgment entered in the Circuit Court of Atchison County dissolving her marriage to Father. Mother challenges the trial court’s designation of Father’s home as the child’s residence for school and mailing purposes and its division of parenting time in its parenting plan.  The case was affirmed in part, reversed in part. The trial Court found that the evidence at trial supported the Court’s findings regarding custody and parenting…
  • Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.

    Kansas City Divorce Attorney Mark Wortman
    11 Jan 2015 | 8:35 am
    Recent Case:  Missouri Court of Appeals In a 2010 dissolution judgment, Husband and Wife agreed, per a separation agreement, that each would get one-half of Husband’s Anheuser-Busch pension “unless Wife remarries.” In 2011, Husband remarried. He then died in 2012. Subsequent to his death, his ex-wife sought and obtained a QDRO giving her one-half of the pension benefits per the separation agreement. Husband’s widow sought to undo that process by challenging the trial court’s authority to enter a QDRO after Husband’s death. When the trial court entered a QDRO, Husband’s widow…
  • Same Sex Marriage Ban Ruled Unconstitutional in Missouri; Same Sex Couples Marry in Kansas City and St. Louis

    Kansas City Divorce Attorney Mark Wortman
    9 Nov 2014 | 7:53 am
    A federal judge in Kansas City ruled on Friday that Missouri’s ban on same-sex marriage violates the U.S. Constitution in a decision that would extend the right of gay couples to marry across Missouri. U.S. District Judge Ortrie Smith found that the Missouri ban ran afoul of the Constitution’s guarantees of due process and equal protection under the law. But Smith delayed his ruling from going into effect immediately pending possible appeals. Missouri Attorney General Chris Koster said the state would appeal. But officials in Jackson County, where the ban was challenged, began…
  • Rule that a 20% change in child support amount grounds to modify does not apply if original amount was agreed deviation from Form 14

    Kansas City Divorce Attorney Mark Wortman
    20 Oct 2014 | 1:38 pm
    Recent Case:  Party seeking modification of previous agreed order must show that they cannot support the child in the manner contemplated at the time of the agreement.  20% rule does not apply. In a recent case from the Missouri Court of Appeals, Father appeals the judgment of the Court rejecting the Family Support Division’s proposed modification of the support amount.  The previous judgment for child support included an agreed amount for child support.  The parties considered the Form 14 child support amount, but rejected it in favor of their agreed amount.  Subsequently Father tried…
  • Modified Child Support retroactive to personal service of the Motion

    Kansas City Divorce Attorney Mark Wortman
    6 Oct 2014 | 1:50 pm
    Recent Case:  Retroactive support can only go back to the date of service of the Motion, 20% change in child support amount is grounds for modification, child support can continue if child incapacitated. Father appeals the judgment and decree of modification of dissolution of marriage entered by the Circuit Court. Father claims that the trial court erred in: (1) extending his child support obligation; (2) failing to make sufficient findings to order his support obligation to continue past the presumed date of emancipation; (3) modifying the judgment without finding a significant and…
 
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    Divorce Discourse

  • Podcast: Weekly Roundup – January 30, 2015

    Lee Rosen
    30 Jan 2015 | 4:30 am
    It’s time for a podcast. Listen in and you’ll find out that I’m heading to Las Vegas for one of my workshops. It’s time to register if you’re interested. This is probably the last program in the US for a long time (there’s a London program in September). You’ll also hear some new thoughts on this week’s posts including rants on not taking vacations, productivity, cheese and not sweating the small stuff (at Regus and elsewhere). Hit the play button and enjoy.     Podcast: Weekly Roundup – January 30, 2015 is a post from: Divorce…
  • 31 Reasons Not to Take a Vacation

    Lee Rosen
    29 Jan 2015 | 4:30 am
    There’s always a reason not to take a vacation: A particularly needy client might explode. You might have to be in court in a delicate case. Your grandfather hasn’t been well (for years), and he might die while you’re gone. Your assistant will do nothing but play around on Facebook during your absence. Your puppy is being trained, and you need to be there to reinforce the lessons. Your kid is having a rough time at school and can’t miss the days. Your kid is having a rough time at school and can’t handle you being away. Your kid is being your kid and needs you to be the parent. Your…
  • The Productivity Emergency Room: Crisis Management 101

    Lee Rosen
    28 Jan 2015 | 4:30 am
    There is a world where productivity experts live. In that world, e-mail boxes get emptied. Tasks on a list get checked off, and projects get finished on time without the last-minute stress of a looming deadline. And then there’s the real world where the rest of us live. In our world, stuff gets forgotten, projects get moved forward from this week to next week, and we lose track of e-mails because they’re buried under all the other e-mails. We get it; we should do better. We should organize, categorize, prioritize, and get stuff done. But, here in the real world, we feel like we can do…
  • The Cheesiest Website Brings You the Most New Clients

    Lee Rosen
    27 Jan 2015 | 4:30 am
    Maybe you’re a cheese expert. More likely you’re not. I know little about cheese other than that some cheeses taste good in my mouth, and some don’t. I have zero knowledge about where cheese is made, how it’s made, or what constitutes good cheese or bad cheese. I’m a cheese idiot. But, once in a while, I have to buy the cheese. Maybe it’s an office event, maybe it’s a charitable cause I volunteered to help with, or maybe it’s something at home—somehow I end up having to buy cheese. It’s not my favorite activity. It makes me feel more stupid than usual. How Do I Pick…
  • Don’t Get Nickeled and Dimed by Your Executive Suite

    Lee Rosen
    26 Jan 2015 | 4:30 am
    Regus is in the executive suite business. I’m sure you’ve heard of this company. It spans the globe with office spaces. It has 2,000 office centers in 750 cities and 100 countries. It’s big. Regus is ready for you, regardless of whether you need an office in Kansas City or Kathmandu. It’s kind of amazing. It has systems for everything and, by and large, it pulls it all off day after day. I’m a big fan. Getting Caught Up in the Minutiae However, for a long time, Regus did drive me a little crazy. It annoyed me. It has a way of nickel and diming you for everything. It…
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    UPDATES IN MICHIGAN FAMILY LAW

  • Some Postnuptial Agreements may be Unenforceable | Against Public Policy

    Jeanne M. Hannah
    26 Jan 2015 | 5:30 am
    Parties may agree to make an postnuptial agreement about spousal support, distribution of separate property and property acquired during the marriage. If the parties later divorce, that postnuptial agreement may or may not be enforced by the court. Learn more here.
  • Legal Research Database Services | Quality & Unbeatable Price

    Jeanne M. Hannah
    23 Jan 2015 | 11:51 am
    After nearly ten years of use, I cannot recommend a legal research tool more highly than TheLaw.Net. Quality, price, support, coverage--TheLaw.Net has my vote!
  • "Every 15 Minutes" - PSA - Drinking While Driving

    Jeanne M. Hannah
    23 Jan 2015 | 6:34 am
    public service announcements about the dangers of drinking and driving, I found many created in 2014 by high school students who participated in the National Every 15 Minutes Foundation. I recall some PSAs created in New Zealand several years ago. The realism was astonishing. So, too, these Every 15 Minutes video presentations are very remarkable, dramatic and educational.
  • Personal Protection Orders | Preparing, Defending & Opposing

    Jeanne M. Hannah
    23 Dec 2014 | 8:15 am
    Successfully preparing, defending, or opposing a Personal Protection Order involves a thorough understanding of the laws, procedures, and the standards applied by referees and judges in hearings that may be requested to set aside a PPO.
  • PPO Restricting Respondent to Supervised Parenting Time Held Proper

    Jeanne M. Hannah
    12 Dec 2014 | 6:48 am
    In Song v Moore, an Oakland County case, the COA held that the trial court properly denied Respondent's Motion to Terminate or Modify a Personal Protection Order that limited him to supervised parenting time only with his adolescent son.
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    Divorce Law Journal

  • Award of cost of living adjustments to civil pension affirmed by Ky Court of Appeals in published opinion January 16, 2015

    Diana L. Skaggs
    18 Jan 2015 | 11:35 am
    BROWN V. BROWN In divorce proceedings, husband had a civil pension. The marital portion was divided equally between the parties using the deferred distribution method. Husband argued that the award should not include the cost-of-living adjustments (COLAs) he received after the divorce. The Circuit Court concluded wife was entitled to the COLAs corresponding to her share of the pension. The Appellate Court affirmed the Circuit Court’s conclusion holding the  wife's portion of the marital retirement should include the COLAs, as they are not earnings attributable to the husband's post-decree…
  • Another Ky custody case reversed where GAL filed a report... Published Opinion from Ky Court of Appeals January 16, 2015

    Diana L. Skaggs
    18 Jan 2015 | 11:31 am
    HOSKINS V. HOSKINS The Circuit Court used the report and investigation of a Guardian Ad Litem (GAL) to make findings a custody modification was appropriate. The Appellate Court applied Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014) and held the Circuit Court “erroneously appointed the GAL to represent the child and to conduct an investigation and file a report…” The appellate court emphasized the Supreme Court’s reasoning in Morgan, particularly the ethical and constitutional problems with conflating a Friend of the Court with a GAL. The Appellate Court reversed and remanded the Circuit…
  • Ky Court of Appeals Family Law Published Opinion 12/24/14; Termination of Parental Rights; Indian Child Welfare Act; Standard of Proof

    Diana L. Skaggs
    29 Dec 2014 | 11:13 am
    E.S.L.C. v. Cabinet for Health and Family Services, et al The mother appealed from a Family Court order terminating her parental rights. She argued that she was deprived of due process because she was not notified prior to the termination hearing that the family court would apply the KRS 625.090 clear and convincing evidence standard of proof, instead of the reasonable doubt standard required by the Indian Child Welfare Act. The child had Indian heritage, specifically the Lower Brule Sioux Tribe. The Appellate Court affirmed the Family Court’s judgment terminating the parental rights of the…
  • Published Family Law Opinion from Ky Court of Appeals Today

    Diana L. Skaggs
    12 Dec 2014 | 11:32 am
    Farrar v. Farrar The parties’ Settlement Agreement included a provision for the sale of the marital residence. When husband rejected an offer for the purchase of such residence and asserted he intended to buy the home, the trial court ordered wife to sign a quitclaim deed over to husband. For her equity in the home the Trial Court awarded wife the value of half of the offer for purchase of the home less hypothetical closing costs. Wife appealed the Trial Court’s calculation of equity in the home, as well as other matters. Wife first challenged the Trial Court’s jurisdiction to amend the…
  • Ky Published Family Law Opinion from Court of Appeals Today

    Diana L. Skaggs
    14 Nov 2014 | 11:11 am
    Lambe v. Weber The Appellate Court first addresses maintenance, holding that income should not be imputed to a spouse when her underemployment is not voluntary. In this case, the child’s medical needs prevented the mother from working. The Appellate Court did find error with the Family Court’s conflation of child support and maintenance. The Appellate Court held maintenance is for the reasonable needs of a spouse. Expenses for children do not come within a spouse’s reasonable needs, as the children’s expenses are already included in the court’s child support calculation. Including…
 
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    International Family Law

  • Testimonials

    22 Jan 2015 | 9:20 am
    Our Testimonials Page grows and grows, please see our Testimonials page at our full site here:  http://www.international-divorce.com/testimonials.htmContact us for sensible strategic advice on complex international family law issues. “The first step is the most important step” in many international cases.
  • International Divorce and Child Custody Issues Relating to Thailand

    16 Jan 2015 | 8:09 am
    by Jeremy MorleyFamily relationships between expats or people of different nationalities or domiciles in Thailand may create special issues that often require an analysis of the "big picture" by an international family lawyer.All too often clients and even their local lawyers do not understand or focus on the specific benefits or dangers that may arise from the connections that one or both parties have with foreign jurisdictions.A key role of the international family lawyer is to review the "big picture" of an actual or proposed family law case that has an international component. In most…
  • International Prenuptial Agreements: Necessary But Dangerous

    14 Jan 2015 | 9:45 am
     Lawyers representing international clients who plan to marry and who want the protection of a prenuptial agreement should always consider the international ramifications of any proposed agreement. While conventional domestic prenuptial agreements raise grave malpractice concerns for family lawyers, the concerns become a hazardous minefield when the issues are multi-jurisdictional.In many ways the world is rapidly shrinking and globalizing. “The World is Flat” is not only the catchy title of a bestselling book, but it also highlights the fact that international borders matter…
  • French Marriage Contract Unenforceable in England

    13 Jan 2015 | 7:50 am
    Jeremy D. Morley[1]A newly-reported ruling of the English High Court on prenuptial agreements demonstrates (a) the sharp division between the law in France concerning marriage contracts and the law in England; (b) the need to appropriately forum shop when strategizing a potential divorce; and (c) the continuing strong paternalism of the English judiciary in family law cases. Y v Y (Financial Remedy - Marriage Contract) [2014] EWHC 2920 (Fam).The parties were French nationals who lived together in France at the time of their marriage. They entered into a French marriage contract pursuant to…
  • Japan and the Hague Abduction Convention: An Update

    12 Jan 2015 | 7:59 am
    Jeremy D. Morley[1]A few cases have been initiated in Japan under the Hague Abduction Convention. Unfortunately decisions in Hague cases in Japan are not being officially reported, are private and are not accessible. There have been newspapers reports about two cases of voluntary returns from Japan -- one to Germany and one to Canada -- and about a case in Osaka in which a court issued a return order but the return has been stayed pending an appeal. From discussions with colleagues and consular officials in Japan it appears that no case there has yet determined or analyzed concerning the…
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    Family Lore

  • News from NFM: New government mediation report tells us little that’s new

    30 Jan 2015 | 3:08 am
    The largest of provider of family mediation in England and Wales says a new Ministry of Justice (MOJ) report outlining the findings of a family mediation research programme, “doesn’t tell us a huge amount we didn’t already know.”Mediation Information and Assessment Meetings (MIAMs) and mediation in private family law disputes: Quantitative Findings, was published by the MOJ on 29 January.National Family Mediation’s Chief Executive Jane Robey said: “This new report could prove a useful addition to the body of evidence being collected by government as it seeks to increase the…
  • Judges and practitioners urged to stay vigilant over Public Law Outline

    30 Jan 2015 | 2:51 am
    The Public Law Outline (PLO) is achieving its objective of cutting the length of care proceedings to six months, but its continued success is dependent on judges and lawyers ensuring that corners are not cut, the Head of the Family Team at 9 Gough Square has warned.Senior barrister Tim Parker said that so far the main concerns expressed in advance of its introduction – such as having insufficient expert evidence and adherence to procedure trumping justice – have not materialised.Under the new regime, cases involve fewer experts, with greater reliance upon the expertise of social workers…
  • Even I can be wrong sometimes...

    30 Jan 2015 | 1:15 am
    It doesn't happen very often, but even I can occasionally be wrong about something. I'm big enough to admit it, as with my first post this week on Marilyn Stowe’s Family Law & Divorce Blog. Of course,I am absolutely right in everything I say in the other three posts:Clare’s Law: I take it all back (well, some of it) - Whilst I am of course happy that the Domestic Violence Disclosure Scheme appears to be working, I do still have some reservations about it.Government spin on child maintenance fails to tell the whole story - The DWP can't hide the true scandal of £2.9 billion of…
  • When liability for child support ends

    28 Jan 2015 | 2:40 am
    A very quick note on NG v Secretary of State for Work and Pensions & Anor (Child support : receipt of benefit) (CSM) [2015] UKUT 20 AAC (15 January 2015), which concerned the issue of the correct date on which liability to pay child support ends.Liability of course ends when the child ceases to be a 'qualifying child' under section 55 of the Child Support Act 1991. Essentially, they remain a child if they are under the age of 16, or if they are under 19 and receiving full-time education. However, they may also remain a child if those conditions are not met but child benefit continues to…
  • The Changing Adoption Landscape - But Can More be Done?

    26 Jan 2015 | 5:36 am
    Last year almost 6,000 of the 92,000 children in care across Britain were adopted – a 57% rise on previous years. An encouraging sign, yes, but are we really doing enough to change the country’s adoption landscape?The government puts the increase in adoption orders down to its adoption action plan, with reforms and changes in adoption legislation introduced in the Children and Families Act 2014. Following the government rhetoric that the best outcome for children in care is to be placed with an adoptive family as quickly as possible, this legislation encourages local authorities to…
 
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    Toronto Family Lawyer Blog

  • Updating an Assessment in a High-Conflict Custody and Access

    Andrew Feldstein
    23 Jan 2015 | 4:39 pm
    Stone v Williams, 2014 ONSC 5086 This case addresses the issue of updating an assessment in a high-conflict custody and access dispute. Background The Applicant in this matter, Geoffrey Stone, brought a motion for the “primary purpose of obtaining an order for an update of the court ordered s. 30 Custody and Access Assessment completed by Ron Stewart” (paragraph 1).  The parties were in a relationship for several years and they lived together for several months, off and on.  The child of the relationship, A., was born on January 28, 2010.  Upon the breakdown of their relationship, the…
  • Varying Spousal Support

    Andrew Feldstein
    16 Jan 2015 | 3:52 pm
    Gray v Gray, 2014 ONCA 659 This case addresses the issue of varying spousal support. Background The parties were married in June 1980. There were four children of the marriage. The parties separated either in December 1994, when, according to Mr. Gray, they ceased to be in a conjugal relationship, or in July 1996, when Mr. Gray served Ms. Gray with a petition for a divorce. Ms. Gray had not worked out of the home “since she was admitted to the hospital for a suspected heart attack on December 31, 1994” (paragraph 8). The Respondent in the Appeal originally brought a motion to terminate…
  • Double Dipping and Spousal Support

    Andrew Feldstein
    9 Jan 2015 | 1:45 pm
    Hickey v Princ, 2014 ONSC 5272 This case addresses the issue of double-dipping with respect to spousal support. Background The parties were married on October 6, 1984 and separated December 7, 2001. There are no surviving children of the marriage. The Applicant was employed with the Ontario Provincial Police (OPP) throughout the marriage. The Respondent was self-employed as a model/actress commencing in 1986. The Divorce order in 2004 included an order for spousal support in the amount of $2,000.00 per month, on consent, based on the Applicant’s annual income of $78,286. The Applicant’s…
  • General Principles Regarding Divorce on the Grounds of Adultery

    Andrew Feldstein
    2 Jan 2015 | 10:33 am
    Niyazov v Tkatch, 2014 ONSC 5143 This case addresses the issue of the general principles regarding divorce. Background In this case, the Husband admitted to committing adultery during the marriage. Consequently, the Husband and Wife brought a joint application for divorce on the grounds of adultery. Analysis Section 8 of the Divorce Act provides the following: 8(1) A court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage. 8(2) Breakdown of a marriage is established…
  • The Representation of the Children in Proceedings

    Andrew Feldstein
    26 Dec 2014 | 10:20 am
    Fiorito v Wiggins, 2014 ONCA 603 This case addresses the issue regarding the representation of the child in proceedings. Background The Appellant Mother moved for an order requesting the appointment of the Children’s Lawyer to act on behalf of three children, aged 12, 11 and 10 in this appeal. The Appellant Mother submitted that the Children’s Lawyer may engage an expert who may produce a report which could be of assistance to the Court in this appeal. The Respondent Father opposed the involvement of the Children’s Lawyer as the children have been assessed by multiple professionals over…
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    Sanns Mediation World of ADR

  • Civil Union Dissolution and Irreconcilable Difference

    Marvin Schuldiner
    20 Jan 2015 | 9:01 am
    Today in a published trial court case, the NJ Superior Court addressed an issue dealing with a difference in the law regarding civil union dissolutions.  After Lewis v. Harris directed the state to create an equivalent to marriage for same-sex couples, the legislature created the civil union statute and mandated that civil unions be equivalent […] No related posts.
  • Changing Your Name When Divorcing — Professional Issues

    Marvin Schuldiner
    10 Dec 2014 | 11:07 am
    Pursuant to a divorce, either spouse is eligible for a name change.  Traditionally, many women take the husband’s last name upon marriage.  Upon divorce, some women want to change back to their maiden names or hyphenate.  There are a number of factors that go into name changes upon marriage or divorce and this Harvard Business […] Related posts: Name Change in a Divorce in NJ New Jersey law allows either spouse in the divorce process... Alimony Reform: Changes to NJ Alimony Law On September 10, 2014, NJ Governor Chris Christie signed Public...
  • Divorce and Child College Costs

    Marvin Schuldiner
    9 Dec 2014 | 6:33 am
    New Jersey children suing their parents for college costs have been in the news frequently in recent months.  Many parents are unaware of the law in New Jersey which derives from a 1982 NJ Supreme Court case called Newburgh v. Arrigo, 88 N.J. 529 (1982).  The case creates factors a court should look at when determining whether […] No related posts.
  • Alimony Reform: Changes to NJ Alimony Law

    Marvin Schuldiner
    7 Oct 2014 | 8:16 pm
    On September 10, 2014, NJ Governor Chris Christie signed Public Law 2014, Chapter 42 into law.  This law makes changes to NJ’s alimony statues.  The legislature had been discussing this issue for several years and finally was able to come to consensus between the factions who wanted a formula (similar to child support) and those who […] No related posts.
  • How do I get a Pre-nup?

    Marvin Schuldiner
    6 Oct 2014 | 8:03 pm
    When some couples or people think about getting married, they want to protect their assets in case things don’t work out.  To accomplish this, they execute a pre-nuptial agreement or a pre-nup.  Such an agreement pre-specifies things such as assets protected from equitable distribution, limits to equitable distribution, limits on alimony and more.  Negotiating a […] No related posts.
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    Illinois Divorce Lawyer Blog

  • 9 Jan 2015 | 6:31 am

    9 Jan 2015 | 6:31 am
    As part of my law practice, I track interesting articles relating to BPD and NPD. My clients are often benefited by having some coaching about these disorders and the best strategies for dealing with high conflict and toxic spouses. Here's one article today from PsychCentral of interest: How are Complex Trauma and Borderline Personality Disorder Related? By Sara Staggs, LCSW, MPH " I’ll admit that when I hear that a client has borderline personality disorder (BPD), my first thought is, “Oh, this person is a trauma survivor of some sort.” And while not all people with poor emotion…
  • Divorce Loneliness during the Holidays: 10 Ways to Help

    22 Dec 2014 | 5:38 am
    I have written in the past during the holidays on the subject of creating new traditions; the idea is that during or after divorce, creating new activities and places to celebrate the holidays with yourself and the children, versus lamenting the loss of past traditions. Trading lamentation for adventure takes work, just as working oneself out of a sense of post-divorce loneliness during the holidays takes effort. I found this article on PsychCentral today on 10 ways to combat the sense of loneliness...this article may be particularly useful during these holiday periods for people going…
  • 6 Qualities of a Narcissist: Illinois Divorce Blog

    21 Dec 2014 | 8:55 am
    Kelly O'Brien is a Wellness Expert at MindBodyGreen, Freelance Writer for multiple publications including Wellness Revolution, Cafe Truth and a host of wellness chronicles. She shares some compelling insights about unhealthy narcissism in the context of relationships: " Most of us have been in a relationship with a narcissist. Perhaps you've been sucked in by a self-absorbed family member, a spouse, a boyfriend, a co-worker, or a friend. Perhaps you thought it was your fault when the narcissist left you feeling diminished and full of despair. The truth is, your only "fault" was getting…
  • False Allegations of Domestic Violence in a Child Custody Case

    19 Oct 2014 | 6:05 am
    The State of Arizona considered recently an addition to its list of factors in determining the award of custody to a parent in a divorce case. This proposed addition addresses an issue that I have seen many times in my many years of managing high conflict custody cases: the false allegation of domestic violence in a contested custody case. A false allegation of domestic violence in a custody case often takes the form of an initial filing for an Emergency Order of Protection prior to, or at the same time, that a divorce is being filed. The parent filing the falsely alleged OP believes that…
  • Spousal Support in Divorce: The New Law in Illinois

    8 Oct 2014 | 9:32 pm
    A new law in Illinois as of January 1, 2015 changes how spousal support is determined for divorcing couples whose combined gross income is less than $250,000. This new law raises some interesting issues with respect to the global finances of divorce, so let's examine briefly the new law of spousal support in Illinois. The law, which was developed by the Illinois State Bar's Family Law Section Council, creates a protocol for calculating maintenance based on the income of the parties and the length of the marriage. The law that has been in use for years essentially placed a high degree of…
 
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    Maryland Family Law

  • Is your child's college savings account marital property?

    Heather Sunderman
    9 Jan 2015 | 8:11 am
    Now that you and your spouse have created a college savings plan for your spouse, what would happen if you divorce or separate? In Maryland, marital property is determined by how the property was acquired, so if the account was funded during the marriage, with marital funds (like one’s salary) then it would be considered marital under Maryland law. However, it is extremely common (and is often my recommendation to my client) for the spouses to agree to keep that account for the benefit of the children. In the case of such an agreement, you may want to think about having procedures to ensure…
  • Saving for College

    Heather Sunderman
    8 Jan 2015 | 7:51 am
    Is saving for college your New Year's Resolution? Most parents would agree that saving money for their child’s education is important, but the biggest challenge is taking the first step. One easy way to start is with a 529 account, and Maryland’s College Savings Plan is worth checking out. There are potential state tax savings with such an account, and you can get started with as little as $25 per month. The Plan just released its annual report, showing overall investment growth of over 18%, and a fee reduction was recently announced. Maryland also offers a pre-paid plan, which is…
  • Free speech and threats to be argued before the Supreme Court

    Heather Sunderman
    1 Dec 2014 | 8:49 am
    Today, the U.S. Supreme Court is hearing the matter of Elonis v. U.S. In this case, a man from Pennsylvania was sentenced to four years over threats he made to his wife. Soon after his wife obtained a protective order, Mr. Elonis posted to facebook that his wife should fold up the order and see if it was thick enough to stop a bullet. He also made numerous other posts about slitting his wife's throat and leaving her a "bloody mess." Some of the postings were made similar to rap lyrics, and Mr. Elonis maintains that he did not intend to threaten his wife and was merely…
  • Maryland 20/20 symposium

    Heather Sunderman
    18 Nov 2014 | 1:35 pm
    On October 31st, the Maryland Professionalism Center, Inc. hosted a symposium on the future of law practice in Maryland. There have been so many changes just in the eleven years that I have been practicing law: the rise of electronic filing systems, the impact of social media as well as the long-standing effects of our economic recession. Other attorneys I've worked with have shared with me the experiences of using Dictaphones (Google it!) and typewriters to file motions, with great nostalgia about how attorneys used to treat each other. Could it be that the same technology that…
  • Veteran's Day Topic

    Heather Sunderman
    11 Nov 2014 | 12:58 pm
    Divorce and custody issues can be quite complicated when one or both of the parties is a servicemember. For example, if one receives military orders overseas, it may necessitate a change in custody or visitation. While you are serving abroad, the children may get accustomed to a living with the other parent, and thus a "temporary" arrangement may end up as the "permanent." Here, the Court is only concerned with the best interests of the children, rather than fairness to the parent. Another tricky issue for military members is fault-based divorce grounds.
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    New York Personal Injury Lawyer Blog

  • CPLR §§ 321 land 3212 and Article 51

    30 Jan 2015 | 2:27 pm
    Conversely, even where there is ample proof of a plaintiff's injury, certain factors may nonetheless override a plaintiff's objective medical proof of limitations and permit dismissal of a plaintiff's complaint. Specifically, additional contributing factors such as a gap in treatment, an intervening medical problem or a pre-existing condition would interrupt the chain of causation between the accident and the claimed injury. Plaintiff claims that as a consequence of the above-described accident, she has sustained serious injuries as defined in New York State Insurance Law § 5102(d) and which…
  • CPLR §§ 321 land 3212 and Article 51

    27 Jan 2015 | 1:47 pm
    A New York Personal Injury Lawyer said that, defendants move, pursuant to CPLR §§ 321 land 3212 and Article 51 of the Insurance Law of the State of New York, for an order granting summary judgment to defendants on the ground that plaintiff did not sustain a "serious injury" in the subject accident as defined by New York State Insurance Law § 5102(d). Plaintiff opposes defendants' motion. The action arises from an auto accident on March 5, 2008, at approximately 5:00 a.m., in which plaintiff, commuting to her job at SUNY-Old Westbury College, was riding a bus owned and operated by…
  • Officer DS's memo book were marked for identification

    25 Jan 2015 | 1:42 pm
    The fact that a common carrier is operated by a governmental entity does not mean it has a lesser responsibility toward the public than one which is under private ownership. In that connection, there is simply no legal basis for imposing the additional burden of proof that plaintiff demonstrate the existence of an "unusually dangerous" condition before she be permitted to recover. Indeed, even if defendant's obligation herein was only to exercise ordinary and reasonable care to persons boarding or disembarking from its buses, the same duty which a carrier has in maintaining approaches and…
  • Officer DS's memo book were marked for identification

    24 Jan 2015 | 1:38 pm
    The first questions for you to determine are whether the condition of the bus steps at the point where plaintiff fell were such that the common carrier, through its employer, the bus driver, should have reasonably anticipated unusual danger to passengers from its continued use, and, secondly, whether the common carrier, through its bus driver, knew or, in the exercise of reasonable care, should have known of the condition. In urging reversal of the jury's verdict in favor of defendant, plaintiff contends that the redaction of the observations of the bus steps by the police officer and the…
  • After the examination, the patient was put to bed...cont

    18 Jan 2015 | 11:33 am
    On the trial of the issue joined the jury returned a special finding that in 1862 the insured fell from a tree, was injured, but not seriously, and that its effects passed away without subsequently affecting her health. The fact that the insured had so fallen was not disclosed to the insurer. It was held that the injury described by the evidence and found by the jury was not a serious one, within the meaning of the contract, and that the plaintiff was entitled to recover. In discussing the case, the meaning of the term ‘serious bodily injury,’ when used in life policies, was discussed.
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    New Hampshire Family Law Blog

  • Spenard: Voluntary Unemployment, Financial Affidavits and Post-Trial Evidence

    Kysa Crusco
    15 Jan 2015 | 7:24 pm
    In the Matter of Susan Spenard and David Spenard was decided on October 17, 2014 The Facts Husband and Wife married in 1998. During the marriage the Husband worked in real estate and owned several businesses and the Wife worked as an entertainer. Before the parties’ divorce decree was issued, the Husband sold a promissory note that he had failed to disclose on his financial affidavit. During the divorce trial, the Wife argued that she could no longer work at all due to medical issues. She failed to present any expert testimony to back up her claim, however, and the Court found that she…
  • Courthouse Divorce File: What's Private?

    Kysa Crusco
    14 Oct 2014 | 8:25 pm
    “All human beings have three lives: public, private, and secret.”  ― Gabriel Garcí­a Márquez, Gabriel García Márquez: a Life The public thirsts for gossip, apparent in websites like TMZ and Perz Hilton. Celebrity splits are big news such as Tom Cruise and Katie Holmes to Mariah Carey and Nick Cannon. While most of us do not enjoy celebrity status, the small town rumor mill can be just as virulent as celebrity gossip. Divorce litigants should beware the rules regarding public access to their divorce file. Anyone can head down to the local…
  • Maves and Moore: What Constitutes Income for Child Support Purposes?

    Kysa Crusco
    22 Sep 2014 | 7:26 pm
    The New Hampshire Supreme Court issued in the Matter of Janice E. Maves and David L. Moore on August 14, 2014 The Facts Husband and Wife divorced in 2004.  At the time of the divorce, Husband was awarded the parties’ Farm, which was initially used as a commercial campground and contained condos that were rented seasonally. The Farm was an S-type corporation, with Husband as primary shareholder.  At the time of the divorce, Husband was ordered to pay $650 per month in child support for their only child, which was increased to $950 in 2008.  The parents shared…
  • In Re Serodio and Perkins: You May Enforce a Prenup without a Copy of the Prenup

    Kysa Crusco
    8 Sep 2014 | 9:00 am
    In the Matter of Cheryl Serodio and Arthur Perkins: Existence of Prenuptial Agreements can be proven without providing the written, executed agreement. The New Hampshire Supreme Court issued its opinion on August 22, 2014. The Facts Wife filed for divorce from Husband in 2010.  In 2011, Husband filed a motion to have a prenuptial agreement enforced.  Husband did not present the family court with a copy of the agreement with Wife’s signature, because he alleged that Wife held the sole, signed copy, and she had lost it. Wife filed a motion to dismiss…
  • Proposed Changes to a Parent's Right to Counsel in Abuse/Neglect Cases

    Kysa Crusco
    5 Sep 2014 | 1:48 pm
    A few years ago, during the state's fiscal crisis, the legislature did away with the statute requiring that any parent accused of abusing or neglecting their child in a child protection case be appointed an attorney to represent them. I posted here about my view that all parents should be entitled to counsel in abuse neglect proceedings. The issue was argued before the New Hampshire Supreme Court in In Re C.M, where the Court held that parents do not have a constitutional per se right to counsel, though appointment of counsel should be considered on a case by case basis. In July 2013, the…
 
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    Dads Divorce » Articles

  • Video: Cordell & Cordell News – January 30, 2015

    Shawn Garrison
    30 Jan 2015 | 12:25 pm
    Cordell & Cordell, along with its sponsored sites Dads Divorce and Men’s Divorce, present a news video for the week of January 30, 2015. This week, Cordell & Cordell Principal Partner Joe Cordell contributed a new article in his column for Financial Advisor Magazine detailing two subjects where financial advisors can be helpful during a divorce. Because of they tend to have a much more comprehensive understanding of the financial complexities of taxes and benefits than divorce attorneys, financial professionals are often better suited to assist in the structuring of divorce…
  • The Philippines: The Land Of No Divorce (Laws)

    Shawn Garrison
    29 Jan 2015 | 12:21 pm
    Undoubtedly, there are many flaws with the divorce and custody laws in the United States. But clearly there are situations in other parts of the globe that are much worse. Take a look at the Philippines, which aside from Vatican City, is the last country in the world that lacks divorce laws. A bill recently filed in Congress that would legalize divorce has provided a glimmer of hope to Filipino couples in failed marriages, but the consensus is that the bill has minimal chance of passing because of the opposition faced from President Benigno Aquino III, politicians, and the Catholic Church. …
  • DadsDivorce Live: Cause And Effects Of Parental Alienation

    Shawn Garrison
    28 Jan 2015 | 2:17 pm
    Dr. Samantha Rodman is a licensed psychologist in the Greater Washington, D.C., area and author of the upcoming book “How To Talk To Kids About Divorce,” which is scheduled to be released in August 2015. During the course of writing her book, Dr. Rodman reviewed much research regarding the effects of parental alienation. She recently joined DadsDivorce Live to discuss her book, and her findings on parental alienation. Click here to subscribe to the DadsDivorce YouTube channel. The post DadsDivorce Live: Cause And Effects Of Parental Alienation appeared first on Dads Divorce.
  • Carnell Alexander Case Shows Need For Paternity Fraud Laws

    Shawn Garrison
    27 Jan 2015 | 9:40 am
    The case of Carnell Alexander in Michigan has exposed how problematic it is that the state lacks paternity fraud laws. The absence of those laws could cause Alexander to be sent to jail for failing to pay child support for a child that everyone agrees isn’t his. WXYZ-TV first reported on this story in October. In 1991, Alexander was pulled over for a traffic stop in Detroit. He was shocked when the officer told him he was a deadbeat dad and there was a warrant out for his arrest. Come to find out, in the late 1980s an ex-girlfriend of Alexander’s listed him as the father in order to…
  • How Parenting Time Factors Into Contempt Cases

    Shawn Garrison
    26 Jan 2015 | 9:20 am
    Question: I work 40 hours a week, am a full-time college student and a drilling military reservist. I pay child support but often have to work or have drill on my visitation day. My ex-wife refuses to work with my schedule and is threatening to have me thrown in jail. Is that possible? Can I be found in contempt because of work/school conflicts? Answer: Utah divorce attorney Dena L. Morgan I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning parenting time and…
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    Alabama Divorce & Family Law Attorney Blog

  • In re Marriage of Gust: Spousal Support Termination

    Steven Eversole
    29 Jan 2015 | 7:37 am
    In re Marriage of Gust, a spousal support appeal from the Supreme Court of Iowa, involved husband who was ordered pay $1,400 per month in spousal support (alimony) beginning upon dissolution of marriage.  Once child support payments terminated (upon child reaching age of majority), spousal support was to increase to $2,000 per month for life. Trial court also divided marital property roughly equally in its divorce decree and property division order. According to court records, husband filed a post-trial motion to have spousal support be set at $1,400 and then reduced to $1,000, and for a…
  • Parisi v. Parisi: Alimony Payment and Contempt of Court

    Steven Eversole
    26 Jan 2015 | 7:35 am
    Parisi v. Parisi, a case from the Connecticut Supreme Court involved husband and wife whose marriage was dissolved on November 19, 2010. When their marriage was dissolved, trial court incorporated a separation agreement into its divorce decree.  Both parties created this separation agreement with help from counsel months prior to obtaining a divorce decree.   It was finalized eight days prior to trial judge signing a divorce decree. In one of the sections titled “Alimony and Child Support,” it provided no periodic alimony payable or requested from husband to wife or from wife to…
  • Divorcing Quietly, Wealthy or Not

    Steven Eversole
    28 Nov 2014 | 11:04 am
    High-asset divorces are likely to make national headlines, but even average-income Americans can benefit from a “quiet divorce.” Keeping your divorce private and handling disputes discretely can help prevent wreaking havoc on your children, extended family and your own personal life. With Facebook, Twitter and other social media accounts becoming more tempting sources to “air your grievances” after a divorce, keeping your divorce private is also a smart decision to protect your rights and achieve the best possible outcome in court or through negotiation and settlement. In recent…
  • FAQs: Alabama Divorce Law and Immigrant Spouses

    Steven Eversole
    26 Nov 2014 | 10:58 am
    Whether you were married in another country and immigrated to the United States, married an immigrant in the U.S. or are an immigrant who married here, your Alabama divorce is likely to be more complicated than most. What are your rights to divorce in Alabama? Will you be deported if you do not have citizenship? How will divorce affect your children and rights to custody? These are some of the questions you may have. Remember every divorce case is unique and should be reviewed by an experienced attorney in the U.S. Your rights and options will vary depending on your individual circumstances,…
  • Domestic Violence in Alabama: “Enough is Enough”

    Steven Eversole
    22 Nov 2014 | 10:59 am
    Domestic violence is a criminal matter. However, when a domestic violence victim seeks divorce, it is also necessary to consult with an experienced family law attorney. Women (and, to a lesser extent, men), throughout Alabama have suffered from domestic abuse, including name calling, emotional abuse, hitting, slapping, choking and other forms of mental and physical intimidation and abuse. While many victims may feel abuse is shameful and that there is no way out, advocates, victims and law enforcement officials are pursuing an initiative to help women understand when “Enough is Enough.”…
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    Domestic Diversions

  • Get rich quick: scouting for amazing friends

    David C. Sarnacki
    4 Jan 2015 | 7:41 am
    On Being reminds us “why it’s such an outrageous blessing to have the opportunity to choose our friends.” Courtney E. Martin writes (excerpt): So now that the family circus is over for another season and you’re turning your attention to the beginning of a new year, consider this for a resolution: become a fierce talent scout of [...]
  • You can do it too: ordinary people acting heroic

    David C. Sarnacki
    18 Dec 2014 | 9:52 am
    CNN entices us with the title: “5 ways to be extraordinary.” In discussing five extraordinary people, Brandon Griggs lists these categories: 1. Show courage in a crisis 2. Exhibit grace under pressure 3. Meet evil head on 4. Miracles are within your grasp 5. Share credit for your success
  • In the darkest moments of our lives: Col. Jessep’s “You want answers?”

    David C. Sarnacki
    6 Dec 2014 | 6:30 am
    On Being highlighted one of my favorite quotes in a post about The Questions We Ask Ourselves. The words of Rainer Maria Rilke offer a bit of light in moments of blinding darkness: “Be patient toward all that is unresolved in your heart… Try to love the questions themselves… Do not now seek the answers, [...]
  • Sarnacki Law Firm awarded “Best Law Firms” status

    David C. Sarnacki
    3 Nov 2014 | 2:43 am
    The Sarnacki Law Firm has received a Tier 1 ranking in the 2015 Edition of U.S. News – Best Lawyers “Best Law Firms.”
  • The true cost of Facebook: your marriage?

    David C. Sarnacki
    10 Oct 2014 | 9:49 am
    Ozy highlights a Boston University study suggesting Facebook is “a positive, significant predictor of divorce rate and spousal troubles.” Apparently, Henry David Thoreau* was right about true cost: “The price of anything is the amount of life you exchange for it.” Anne Miller writes (excerpt): While previous studies suggested that Facebook and its ilk [...]
 
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    Florida Divorce & Family Law Blog

  • Same Sex Marriage In Florida!!!

    7 Jan 2015 | 6:54 am
    Florida on Monday became the thirty-sixth state to allow same-sex marriages, as a state court judge in Miami ordered a Dade County clerk to start issuing licenses to same-sex couples. This is something that Floridians have been waiting a long time for and it has become a reality. While there are still a great deal of people who are opposed to the idea of same sex couples being allowed to marry,
  • Florida Most Expensive State to File Divorce

    2 Sep 2014 | 1:13 pm
    I read online recently that Florida is the most expensive State to File for Divorce in. Here are the top ten: 10. Tennessee, $302 9. Utah, $310 8. Pennsylvania, $317 7. Arizona, $321 6. Louisiana, $324 5. New York, $335 4. Illinois, $337 3. California, $395 2. Minnesota, $402 1. Florida, $409 The price is actually higher than that because everything is electronically filed now and if
  • Same Sex Divorce Not Granted in Tampa, Florida

    15 May 2014 | 6:01 am
    In March I blogged about a case in Tampa, Florida wherein a gay couple was wishing to have a divorce granted by a Judge. The couple was married in Massachusetts and had a valid marriage in Massachusetts. They moved to Florida and are now residents of the State of Florida. They came to settlement terms and simply requested that the Judge ratify their agreement and grant them their divorce.
  • Same Sex Marriage and Divorce in Florida?

    27 Mar 2014 | 9:19 am
    Every now and then I come across an article that I think is interesting to the masses and not only to those people who believe that a divorce or separation is imminent. Today in Hillsborough County a same sex couple is attempting to dissolve their union that was solemnized in Massachusetts a few years ago. They have come to an agreement and are seeking an uncontested dissolution of their
  • 5 things that will drive divorcees nuts

    27 Nov 2013 | 7:25 am
    I Recently came across an article about the things that drive divorce people crazy. I find that the five things that his writer finds to be annoying about their own divorce to be truly universal with most of the people and cases that I deal with on a daily basis. I am constantly telling my clients to take the high road, to not get bogged down in the little stuff and that they should in all
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    NJ Family Issues

  • The power of remittitur

    PaulKostro
    8 Jan 2015 | 1:21 am
    Law Lessons from Mickens v. Misdom and City of Elizabeth, __ N.J. Super. __ (App. Div. 2015), Docket No. A-0326-13T3, January 7, 2015: The legal principles outlined in He v. Miller, 207 N.J. 230 (2011), are: The power of remittitur is not to be exercised lightly . . . because we repose enormous faith in the ability of juries to equate damages with dollars to “make the plaintiff whole, so far as money can do.” We rely on juries to perform that task while recognizing that “[a]ssigning a monetary value to pain-and-suffering compensation is difficult because that kind of harm is…
  • The New Jersey Tort Claims Act

    PaulKostro
    7 Jan 2015 | 3:20 am
    Law Lessons from Wilson v. Podeia, App. Div., January 6, 2015: The Supreme Court has consistently construed the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, to favor immunity for public entities as the rule and the imposition of liability the exception. Henebema v. S. Jersey Transp. Auth., 219 N.J. 481, 490 (2014). The good faith doctrine codified in N.J.S.A. 59:3-3 is intended to preclude a public employee from being held civilly liable if he or she “acts in good faith in the execution or enforcement of any law.” Our Supreme Court has construed the good faith…
  • Law on relocation

    PaulKostro
    6 Jan 2015 | 3:13 am
    Law Lessons from Hammond v. Hammond, App. Div., No. A-4791-12T3, January 2, 2015: Our law on relocation is well established. When children are natives of New Jersey, judicial approval is required to authorize their relocation to another state. See N.J.S.A. 9:2-2. The statute is intended to preserve the post-divorce relationship of the child and non-custodial parent. Cooper v. Cooper, 99 N.J. 42, 50 (1984). The custodial parent’s request to relocate a child is governed by the two-part test of Baures v. Lewis, 167 N.J. 91, 122 (2001). Baures requires that removal be granted where the…
  • The standard for setting aside the entry of a default is decidedly less stringent than that of setting aside a default judgment

    PaulKostro
    5 Jan 2015 | 2:06 am
    Law Lessons from Kondaur Capital Corporation v. Thomas, App. Div., No. A-2775-13T4, December 31, 2014: Rule 4:43-3 requires only a showing of good cause for setting aside the entry of default. N.J. Mfrs. Ins. Co. v. Prestige Health Grp., LLC, 406 N.J. Super. 354, 360 (App. Div.), certif. denied, 199 N.J. 543 (2009). Although courts have traditionally considered the presence of a meritorious defense in assessing good cause, see James W. Moore, et al., 10 Moore’s Federal Practice — Civil § 55.70[2][a] (3d ed. 2013) (reviewing Fed. R. Civ. P. 55(c)), our cases have long counseled that…
  • Plaintiffs must allege particular facts in support of their claims of attorney incompetence and may not litigate complaints containing mere generalized assertions of malpractice

    PaulKostro
    31 Dec 2014 | 3:22 am
    Law Lessons from Murphy v. Shaw, App. Div., No. A-0906-13T1, December 30, 2014: Plaintiffs must allege particular facts in support of their claims of attorney incompetence and may not litigate complaints containing mere generalized assertions of malpractice, Ziegelheim v. Apollo, 128 N.J. 250, 267 (1992). NOTE from Paul G. Kostro, Esq.: If you are interested in Mediation; or have issues relating to Divorce, Domestic Violence, Child Support; Landlord-Tenant Matters; Contracts; Business Formation or Disputes; or Other Legal Matters, please call me to schedule an appointment — I can be…
 
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    Pennsylvania Family Law

  • AN HOUR ON THE TEENAGE BRAIN

    Mark Ashton
    29 Jan 2015 | 1:21 pm
    The January 28 edition of Terry Gross’ Fresh Air distributed by National Public Radio featured an interview with the chair of the University of Pennsylvania Neurology Department, Frances Jensen. The subject was a relatively in depth discussion of the teenage brain. At one level a lot of this is news that has been available. The front of the brain, where judgment is processed, is a part that does not really fully develop until an adult enters his or her early 20s. But Jensen’s interview reveals more than the sound bites that we have become used to accepting as substantive information. I…
  • EVIDENCE OF MISTAKEN IDENTITY REVERSES SUPPORT ORDER

    Aaron Weems
    29 Jan 2015 | 12:16 pm
    Enforcing out of state support orders is controlled by the Interstate Family Support Act (23 Pa.C.S.A. § 8101 et al.  It may seem like the most obvious of steps, but imperative in successfully obtaining and enforcing a support order is correctly identifying the individual subject to the support order. Such was the case in Worley v. Effler in which a fourteen year old North Carolina child support order was registered in Centre County, Pennsylvania for the purposes of enforcement. The matter was heard by the Superior Court on the basis that the trial court did not adequately allow the…
  • IT TURNS OUT THE STATUTE OF LIMITATIONS DOES AFFECT DIVORCE AGREEMENTS.

    Mark Ashton
    26 Jan 2015 | 7:38 am
    A panel decision of the Pennsylvania Superior Court on December 23, 2014 informs us that despite recent decisions refusing statute of limitation defenses in actions to enforce property settlement agreements, the defense still lives. It comes down to the nature of the obligation for which enforcement is sought. We start with the older cases. In a 2006 decision Crispo v. Crispo, 909 A.2d 308 (Pa. Super, 2006) the parties concluded their property agreement in 1995. In 2004 Wife sued to enforce the agreement and after a hearing at which Husband asserted the statute of limitations as a defense…
  • THE COMPLEXITIES OF VALUING SMALL BUSINESSES

    Mark Ashton
    9 Jan 2015 | 1:42 pm
    We have recently been working with a client married to a “sophisticated investor.” When we cracked open the documents telling us what Mr. Investor owned, we found a succession of limited partnerships not one of which offered us any information from which we could begin in ascertain value. Meanwhile, there were eight of these and one formed the impression at the outset that the investments were heavily weighted towards newly formed businesses.  Valuing any closely held business is a challenge.The typical approaches employed to do this involve measuring the stream of income or cash flow…
  • SUPERIOR COURT AFFIRMS THAT MASTER’S RECOMMENDATION IS STILL JUST A RECOMMENDATION

    Aaron Weems
    5 Jan 2015 | 8:25 am
    The process of equitable distribution is multi-stage, often involving one or more conferences with a “master” specifically assigned to the case and who is an expert in equitable distribution. The master develops a recommendation which can be accepted by the parties; negotiated further, or; rejected outright by one or both parties who take exception to it and move the matter to an equitable distribution trial before a judge. The recommendation is just that – a recommended outcome – and while the master’s recommendations often closely mirror the outcome determined…
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    Family Law Guy

  • Pet Custody? What's The Standard?

    15 Jan 2015 | 12:10 pm
    Recent changes in the California version of the Domestic Violence Prevention Act now permit a judge making a restraining order, to make an order for "... the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The
  • Spend More Time talking About The Relationship, and Less Money on the Ring, the Wedding (and the Divorce?)

    19 Nov 2014 | 5:14 pm
    An Emory University study suggests that there is an inverse correlation between the amount a couple spends on the engagement ring and the wedding, and the chance that the marriage will last.  I have my own theories about why this correlation may exist, but it does re-emphasize my "sermon" about pre-marital planning.  While sitting down and talking about what you intend in the marriage,
  • "Conscious Coupling" What Is Marriage Supposed To Do? Does It Still Do It?

    1 Oct 2014 | 9:47 am
    One of the recurring themes of this blog has been "Why do people get married?  What will help then accomplish whatever it is they want to accomplish by marrying?" It appears that the number of Americans, over-all, who believe that marriage does what they want done, continues to shrink, even as the broader recognition of same-sex marriage would seem logically to have increased it.  There are
  • Gambling Winnings and Child Support

    23 Sep 2014 | 2:45 pm
        Ohio has now implemented an intercept program so that winners at the four casinos in Ohio may trigger data base checks.  If the winner wins $1,200 or more from slot machines, $5,000 or more from table games or $600 or more from high-stakes games, then their name is checked against a data base for child support owed.  If anything is owed, it is taken out of the winnings.  Ohio’s seven racinos,
  • Exercising Self-Help in Custody Cases

    25 Aug 2014 | 3:17 pm
        Kathleen Aubain is in the Oneida County Jail in New York for violating a court order.  Aubain has a two and a half year old daughter, Isabellah Rose Campos with Eric Campos.  All three were living in Arizona.  Campos has custody of Isabellah. Aubain’s mother says the only reason Campos has custody is because Aubain didn’t bring Isabellah back to him at the end of her custodial time.    
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    One (Divorce) Lawyer's Perspective

  • Looking at Divorce with Big Eyes

    Michael Viola
    12 Jan 2015 | 12:33 pm
    Although I have not yet seen the movie Big Eyes, I am familiar with the premise of the movie. This movie tells the story of the relationship between Margaret Keane and her second husband, Walter Keane. Ms. Keane is known for her paintings (usually of children) with very large eyes. This “based on a true story” film, shows the rise in popularity of the paintings, how Walter took credit for the paintings, and how Margaret eventually brought a law suit to reclaim her own artwork. The purpose of this blog is not to provide a review of the movie, but rather to look at certain facts in…
  • A New Day is Dawning

    Michael Viola
    28 Oct 2014 | 7:40 am
    I remember back when I was first starting to practice law. At that time, there were three possible locations for a family law matter in Philadelphia: some matters were in City Hall, some were at 1801 Vine Street, and other matters were at 1600 Walnut Street. At some point in the 1990’s, Family Court was to be consolidated into a single building: 34 South 11th Street. This location was just to be for Domestic Relations Matters. Juvenile and Dependency proceedings and Adoption proceedings were to remain at 1801 Vine Street. Since that move, the needs of Family Court in Philadelphia have…
  • Maybe I am just being picky….

    Michael Viola
    12 Jun 2014 | 12:06 pm
    There is a new reality-TV show on Bravo called “Untying the Knot” In this show, matrimonial attorney Vikki Ziegler, Esquire, who practices law in  New York and New Jersey at the firm of Ziegler and Zemsky LLC, works with clients on the resolution of the economic issues related to the dissolution of their marriage.  From what little I watched from the only two episodes that have aired, the show does not deal with the litigation of divorce matters such as the division of marital property and alimony. Rather, the program promotes Ms. Ziegler as a mediator.  This is where I have…
  • Coming up on the end of another year

    Michael Viola
    22 Nov 2013 | 10:10 am
    As I write this post, Thanksgiving Day is less than a week away. Christmas and New Years Day will be upon us sooner than we would like. For many this is the time of the year when people get together with their families (family of birth, or family by choice) to enjoy the holidays. For married couples who are separated, this can be a difficult time of year. When there are children involved, there can be squabbles about where the children should be for the holiday. Parents can’t afford to get what they want for their children because they do not have enough money. Children are often caught…
  • Learning Lessons

    Michael Viola
    17 Jun 2013 | 1:16 pm
    So one of the latest stories that has been circulating the internet concerns the pending divorce of Harold Hamm, the founder and CEO of Continental Resources, a prominent US oil company.   One such article, found here, lists 10 facts that you need to know about the divorce. Really, some of the fact are more about the company and some are about the people involved.  However, there are lessons to be learned by anyone who is involved in a divorce case – even those not worth billions of dollars.  Through this article I want to highlight some of those lessons. 1. Hamm is America’s…
 
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    Rochester Family Lawyer

  • Duration of Residency in New York as Prerequisite to Divorce Action

    alexkorotkin
    18 Jan 2015 | 7:04 pm
    In order to have a valid divorce action in New York, certain residential requirements have to be satisfied. Domestic Relations Law §230 requires that: 1. You and your spouse were married in New York, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for a continuous period of one year immediately before the commencement of the divorce action; 2. You and your spouse have resided in New York as husband and wife, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for…
  • Statement That Marriage Was Irretrievably Broken Is Sufficient to Establish Cause of Action For Divorce

    alexkorotkin
    4 Jan 2015 | 6:03 pm
    I have previously written about the issues associated with the grounds for divorce under the no-fault statute (Domestic Relations Law §170(7)). Prior decisions associated with issue were trial level decisions and, therefore, there were subject to potentially different result after appellate review. Now, there is some finality to this issue. Two recent appellate decision held specifically that a statement under oath that the marriage was irretrievably broken for a period of six months or longer was sufficient to establish a cause of action under Domestic Relations Law §170(7). In Trbovich v.
  • Credit for Payments Made to Satisfy the Other Spouse’s Legal Obligations

    alexkorotkin
    25 Oct 2014 | 6:14 pm
    It is common for parties to make payments on their debts while their divorce action is pending.  Generally, each party is responsible for their own debts incurred after commencement of the divorce action, and, most of the time, the parties are jointly liable on any marital debt that preceded commencement of the divorce action. However, there are situations where one party is forced to make payment for the debts owed by the other party. Thus, it is important to know if one spouse pays for the other spouse’s legal obligations, does that spouse receive a credit for those payments? In…
  • Tracing Method of Dividing Defined Contribution Retirement Assets

    alexkorotkin
    28 Sep 2014 | 7:12 pm
    I have previously written about division of marital retirement assets which is traditionally done by computing a time based coverture fraction pursuant to the New York Court of Appeals’ decision in Majauskas v. Majauskas, 61 N.Y.2d 481 (1984). Majauskas was the seminal New York case that decided that the portion of the spouse’s pension or a retirement plan such as 401k, earned during the marriage, is marital property subject to equitable distribution. To the extent that a pension was earned or 401k contributions were made during the marriage, they are, for purposes of New York law,…
  • Temporary Maintenance and Payment of Additional Expenses by Monied Spouse

    alexkorotkin
    7 Sep 2014 | 7:38 pm
    One issue that comes up fairly often in divorce cases is the issue of whether the monied spouse who is paying temporary maintenance is also responsible for additional expenses incurred by the non-monied spouse. At least some of the prior decisions held that when the temporary maintenance is being paid, the recipient was responsible for his or her living expenses, including any mortgage payments or housing expenses. However, it appears that at least some of the appellate decisions hold otherwise. In Vistocco v. Jardin,116 A.D.3rd 842 (N.Y.A.D. 2 Dept.), the parties were married in 1995 and had…
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    Seattle Divorce Mediation | Whole Mediation | (206) 568-5337

  • The Divorce Mediator and Attorney Team

    Debra Synovec
    28 Jan 2015 | 12:39 pm
    Video Series Part 3 Divorce: Mediator and Attorney Team from Cimira Studios on Vimeo. A common misconception in divorce mediation is that if you’re using a mediator, you don’t need an attorney; for some couples that may be true. However, often times attorneys/legal advisers play an important and necessary role in the early stage mediated divorce process. While an attorney is the legal advocate for the client, a mediator acts as a neutral guide and facilitator for the divorcing couple. Mediators and attorneys play different but crucial roles in the divorce process. A mediator provides a…
  • Explaining Divorce Mediation

    Debra Synovec
    27 Dec 2014 | 3:54 pm
    Video Series Part 2 Divorce Mediation from Cimira Studios on Vimeo. Divorce is usually an emotional, confusing, and overwhelming time for each person involved. Mediation is a process that provides a safe and productive method for couples to get results, come up with solutions, and avoid messy, expensive courtroom situations. Merriam-Webster dictionary defines “mediation” as “intervention between conflicting parties to promote reconciliation, settlement, or compromise”.  Specifically, a divorce mediator works with the divorcing couple and facilitates healthy conversation between them…
  • Choosing a Divorce Mediator

    Debra Synovec
    25 Nov 2014 | 10:17 am
    Video Series Part 1 Choosing a Divorce Mediator from Cimira Studios on Vimeo. “Divorce is not a battle to be won, it’s a problem to be solved.” Mediation is a valuable method for divorcing couples to make decisions that will keep the acrimony down,  and create solutions that work for both sides. Divorce mediators facilitate healthy discussions in order to help clients solve problems…do you really need a judge to tell you what to do? After all, divorce is a family issue, not a legal issue. Choosing the right mediator is crucial for couples—mediators come from diverse backgrounds,…
  • Knowledge Resources for Divorce Professionals

    Debra Synovec
    28 Oct 2014 | 3:25 am
    Knowledge Resources for Divorce Professionals Lots of learning going on in the fields of mediation and collaborative law.  Last weekend I attended the nation’s largest annual gathering of International Academy of Collaborative Professionals at a conference in beautiful Vancouver B.C.  One week before this I attended the Academy of Professional Family Mediators 2014 Conference  (APFM) in wonderful San Diego, CA. Both brought together hundreds of family and divorce professionals from all over the world for discussions, workshops, forums, sessions and networking events. One thing I would…
  • Useful Skills in Mediation

    Debra Synovec
    25 Sep 2014 | 7:43 pm
    Mediation is a constructive, efficient strategy for divorcing couples to reach mutual agreements that will be carried on after the divorce is final. Divorce mediation provides separating couples with a safe space to discuss arrangements facilitated by a neutral third party. How you come to the mediation table can make a big difference on whether you and your spouse are able to come up with an effective solution. These attributes are useful ways of being in a successful divorce mediation: Patience This is perhaps the most difficult skill to achieve, especially for those who are naturally want…
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    Fort Lauderdale Divorce Lawyer Blog

  • Father Required to Pay Interest on Arrearage Before Child Support Case Can Be Closed

    26 Jan 2015 | 8:26 am
    A couple's long-running legal battle over child support will run a while longer, as the 3d District Court of Appeal reversed a lower court ruling that would have closed the case. The appeals court instead sent the case back, ruling that the trial court should have heard additional evidence, and issued an award, regarding the interest that accrued on the father's support arrearage from the time the court issued an order in April 2010 until the husband paid off the pre-interest balance in August 2012. The issue of child support following the divorce of Nivia and Albert Lascaibar was a…
  • Supreme Court Declines to Hear Headline-Grabbing Case Regarding Toddler's Circumcision

    19 Jan 2015 | 9:19 am
    For some, it is about the ethics of performing arguably medically unnecessary surgery on a child. For other, it is about how much "say so" each parent should have in making decisions on behalf of his or her child. For the Florida courts, however, the case surrounding little Chase Hironimus' circumcision boiled down to the existence of a valid parenting agreement and the absence of any changed circumstances that would warrant the courts stepping in to avert that agreement's execution. The Palm Beach County parents of Chase Hironimus, Heather Hironimus and Dennis Nebus, gave birth to the boy in…
  • Lack of Due Process, Improper Burden-Shifting Sends Divorce Case Back to Trial Court

    12 Jan 2015 | 9:03 am
    In one recent Florida divorce, a trial court's failure to give the husband a meaningful opportunity to be heard in the case, as well as the court's improper shifting of the burden of proof from the wife to the husband regarding whether Scotland law or Florida law should govern the divorce, forced the 5th District Court of Appeal to reverse the trial court and send the case back for a new trial. Before Andrew and Roxanna Lamb married in Scotland, they executed a "Minute of Agreement," which is the approximate equivalent of a prenuptial agreement. The couple's agreement stated that, if they…
  • Lesbian Couple Fails to Secure Florida Divorce Using Unique Interpretation of Same-Sex Marriage Statute

    5 Jan 2015 | 10:58 am
    A Christmas Eve ruling from the Third District Court of Appeal might have appeared to be a cause for cheer among those who support the state's ban on same-sex marriages, but a careful reading provides a different perspective. The lesbian couple who litigated the matter lost their case largely on procedural grounds, since there were no issues in dispute between them, meaning that there was no "controversy" for the court to resolve. While the factual background of Sarah Oliver's and Heather Stufflebeam's same-sex divorce case was not especially unique, the legal component was. Married in Iowa…
  • Florida Court Refuses to Hear Family Law Case Best Litigated in New Jersey

    30 Dec 2014 | 9:40 am
    A couple's out-of-state divorce order was the starting point of multistate legal battles spanning more than a decade. The battle between the two former spouses highlights some of the challenges that occur when parties to a divorce move away from the state that originally handled their case. The 4th District Court of Appeal upheld a dismissal of a husband's Florida legal action related to the divorce because the couple's previous home state of New Jersey was actually the proper place to bring his claims. The long-running contest began after a New Jersey court issued an order granting a divorce…
 
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    Ohio Family Law Blog

  • Divorce Filings Spike in January by One-Third

    Robert L. Mues
    24 Jan 2015 | 12:33 am
    January Is Often Called Divorce Month Recent UK Study Claims One In Five Will Divorce After Holidays The first of the year is the time that many unhappy couples who are reluctant to break up the family during the holidays officially start their divorces. January is often called the “divorce month.” This trend occurs not only in the United States but in the UK and abroad as well. According to a recent study in England one in five couples had plans to divorce after the holidays. James McLaren, President of the American Academy of Matrimonial Lawyers, recently said, “we see a…
  • Why Kids Shouldn’t be Your Highest Priority

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    17 Jan 2015 | 1:25 am
    If I’m speaking with a group of parents and I want to elicit a lively debate, I only need to say the following: “Kids shouldn’t be your highest priority”. As a youngster, I remember my dad telling me that “your mom always comes first,” but I really didn’t understand what he meant.  It wasn’t until I spent many years working with kids and families that I realized that focusing your life around the needs and wants of your children was a serious mistake. I’ve gotten some passionate feedback on this position from many parents. My favorite comment was from a mom of an infant. …
  • Divorce: Options to Dispose of the Marital Residence

    Anne Shale
    10 Jan 2015 | 2:04 am
    What Are The Options To Consider When Disposing Of The Marital Residence In A Divorce Proceeding? In the usual divorce or dissolution proceeding, the disposition of the marital residence is often one of the most important decisions in the case and one of the most emotional issues with the exception of “custody” of the minor child or children. One or both parties may have very strong emotional ties to the home and may overlook important financial considerations in their quest to “keep” the family home. I now provide to you my list of available options in disposing of the marital…
  • Divorce on Your New Year’s Resolution List?

    Robert L. Mues
    3 Jan 2015 | 1:11 am
    If a Divorce is on Your New Year’s Resolution List, Consider this First… Seven Tips for Dealing with Family Issues During the Holidays from Texas Divorce Attorney Richard C. Price I was pondering a list of various topics for this blog article. I wanted to publish a strong blog article to start 2015. I started a couple and even finished one that wasn’t honestly that memorable. So I decided to hold that one in the “bank” for another less important time of the year. The start of any new year is an obvious time for reflection and to take an inventory of our blessings and shortcomings.
  • Animal Protection: New Ohio Law Will Shield Pets From Abuse

    Robert L. Mues
    27 Dec 2014 | 1:25 am
    Ohio Joins 29 Other States to Protect the Family Pet Against Domestic Animal Abuse with New Protection Order On June 28, 2014, we published an article about S.B 177, an Ohio Bill that was introduced in August 2013 that would amend domestic protection order laws to allow your furry friend to be included.  The legislation became a reality when Governor Kasich signed it into law on Friday, December 19, 2014. The ASPCA had urged Governor Kasich to quickly sign this bill into law to address this pervasive problem and protect Ohio families and their pets. “Too often, victims will not flee an…
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    NJ Family Legal Blog

  • RELOCATION – WHAT DOES THE CUSTODY AGREEMENT SAY?

    Robert A. Epstein
    30 Jan 2015 | 10:43 am
    The issue of relocation comes up all the time between divorced parents.  One day mom calls dad and tells him that she plans on moving with the kids from Hoboken to Cherry Hill.  Perhaps she plans on moving into Manhattan from Morristown.  Whatever the intention, there is going to be an impact on the child and often an impact on an existing custody and parenting time arrangement. The moving parent often argues that the move will be in his or her own best interests and, as a result, it will also be in the child’s best interests.  The other parent often argues that the move can only…
  • SUPREME COURT TO ISSUE DEFINITIVE RULING ON SAME-SEX MARRIAGE

    Robert A. Epstein
    16 Jan 2015 | 1:32 pm
    Following its landmark 2013 decision striking down part of the Defense of Marriage Act as unconstitutional, the Supreme Court earlier today decided to take on what will likely be the definitive ruling on the issue of same-sex marriage.  By addressing the state-by-state divide on same-sex marriage, the Court will determine whether a state-imposed ban on same-sex marriage is unconstitutional. Specifically, the Court will be reviewing a Sixth Circuit decision upholding same-sex marriage bans from several states, which conflicts with four other circuit court rulings.  Arguments are expected…
  • THE BENEFITS OF MEDIATION -EVEN IF YOU DON’T SETTLE

    Eric S. Solotoff
    16 Jan 2015 | 10:11 am
    Earlier today, Robert Epstein posted an interesting piece entitled The Psychology of Mediation.  Whether people like it or not, alternative dispute resolution (ADR) is here to stay as the new norm.  Court backlogs are long and trial dates are scarce, even when you want them.  Moreover, the system is set up to have numerous settlement events, from mandatory custody and parenting time mediation, to mandatory Early Settlement Panels (ESP), to mandatory economic mediation (post ESP), to Intensive Settlement Conferences (ISCs), to Intensive Settlement Panels (ISPs), to Blue Ribbon Panels, etc.
  • THE PSYCHOLOGY OF MEDIATION

    Robert A. Epstein
    16 Jan 2015 | 2:47 am
    At its core, mediation is designed to be a process by which parties reach an amicable agreement through compromise.  This is what most litigants want, right?  Avoid the fighting, along with the associated time and expense – sounds great.  So what does psychology have to do with the mediation process?  Well, it can truly mean a lot whether a litigant wants it to or not, especially in custody and parenting time disputes. I am not referring to the psychology used to strategically mediate your matter into a better deal for yourself.  I am referring to the psychology of each party…
  • Custody Issues and the Transgender Child

    Jennifer Weisberg Millner
    13 Jan 2015 | 5:40 am
    Lelah Alcorn’s death is a travesty.For those unfamiliar with her name, Lelah is the 17 year old child who committed suicide recently when her parents refused to accept the fact that she is transgender, and while labeled at birth as a male, identified as a female. Lelah’s story is so upsetting on so many levels, not the least of which a child unnecessarily took her life.Having worked with families in which there is a transgender child, I am far too familiar with the emotional turmoil which ensues in these cases.In her case, Lelah had two parents who refused to accept her for who she was.
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    Iowa Law Blog

  • Tax Deductions for Legal Fees in a Divorce

    Samantha Gronewald
    19 Jan 2015 | 8:33 am
    In general, the Internal Revenue Code allows for a deduction of reasonable and necessary expenses incurred in the production of taxable income.  This may entitle you to a deduction of some of the legal fees paid in pursuit of post-separation support, alimony, taxable pension or annuity payments and other tax advice in connection with a divorce.  You should consult with a tax professional for advice on whether or not your legal fee payments are deductable.   
  • Non-Competes and Office Romances

    Liz Overton
    29 Dec 2014 | 9:20 am
    Over the holiday, the Court of Appeals issued a couple of employment-related decisions regarding situations that often come up. Non-Compete Agreements/Competition with Former Employer In Curry’s Transportation Services, Inc. v. Dotson et al., the Court of Appeals addressed the enforceability of a non-compete and competition with a former employee.  Since I want to address two cases in this post, I’m going to give the cliff notes rather than dissect the whole case.  Non-compete agreements are unenforceable if they are unnecessary to protect the business interest. …
  • An Employer's Responsibility when Domestic Violence Invades the Workplace

    Liz Overton
    17 Oct 2014 | 3:42 pm
     In the wake of domestic violence charges against NFL players and the public’s outrage at the NFL’s response as a business owner you may be thinking how you might respond when faced with an employee charged with domestic violence or an employee who is a victim of domestic violence.  Or maybe you believe domestic violence does not affect your workforce. According to an article published by the ABA, one out of every four women will be a victim of domestic violence.  Additionally, almost 50% of employed victims of domestic violence report that they lost their jobs due…
  • The Best Lawyers in America: Mark Landa

    Samantha Gronewald
    29 Aug 2014 | 1:15 pm
    Mark Landa has been selected to be included in the 21st Edition of the The Best Lawyers in America for his work in the practice area of Environmental Law.  Inclusion in Best Lawyers is based on a peer-review survey comprising more than 5.5 million confidential evaluations by top attorneys.  Mark has been included in Best Lawyers every year for over a decade.  Congratulations, Mark!
  • Notable Utility Related Bills Passed in 2014 Session

    Amanda James
    4 Aug 2014 | 3:03 pm
    The 2014 session of the Iowa General Assembly brought a few changes to the public utilities law practice in Iowa. Lawmakers focused their utility related discourse on tax credits for renewable energy, renewable fuels and solar energy, purview of the Iowa Utilities Board, water service requirements, delinquent customer accounts, and notice requirements for underground facilities. Below is a summary of notable utility related bills passed by the Legislature and signed into law by Governor Terry Branstad. WIND ENERGY/ COGENERATION TAX CREDIT: The production tax credit for wind energy and other…
 
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    Pink Tape

  • A woman of many hats

    Lucy Reed
    25 Jan 2015 | 2:17 pm
    This week I has mostly been knitting woolly hats. Well, one woolly hat, which looks quite nice but doesn’t entirely fit my actual head. Anyway it was a prototype – an exercise in establishing I have some capacity to knit a hat like object with strange circular knitting needles. And it appears I do. This means I am ready to move onto phase two of operation Knit-a-6-year-old-a-hat-with-creepers-on-it (its a Minecraft thing, google it or ask any child aged between 4 and 10 years old or any parent or teacher of a child between ages 4 and 10 years old). The point being that I have not…
  • Silent Witness Podcast

    Lucy Reed
    24 Jan 2015 | 8:46 am
    @svphillimore and I spent our Friday night working out how to record a podcast, so that we could vent our respective spleens in a hopefully illuminating way about the Silent Witness child protection story line. You can listen to the podcast at the Transparency Project website here.  We would love to know what you think and what your ideas are for future podcasts.
  • Anonymous Committals

    Lucy Reed
    23 Jan 2015 | 9:41 am
    Thurs 22 January 2015 : Daily Mail reports that “Judge defies the rules by jailing woman for contempt of court in secret because naming her will lead to her daughter being identified” and “decision made after judge was reminded of the Appeal Court directives” and “Lib Dem MP John Hamming [sic] calls the decision a “coup against justice””. Later on 22 January 2015 : Bailii publish a judgment in the case (London Borough of Richmond v Howell [2015] EWHC 104 (Ch) (20 January 2015)), but the woman jailed is named as Olive Howell. The judgment makes…
  • I AM calm!

    Lucy Reed
    10 Jan 2015 | 3:33 pm
    I have learnt that it is usually a good idea to sleep on it after reading a Christopher Booker article, and not to write in anger. I have slept on this one for a whole week (force majeure) so I am positively serene as I write. Honest. This time it is a piece beginning with the rather understated headline : The most sinister court in Britain strikes yet again The shadowy Court of Protection’s treatment of a 72-year-old grandmother is a national scandal, says Christopher Booker Beneath it is a picture of a sweet old lady rejoicing in her liberation, her red coat conjuring up muddled…
  • When Regulated Worlds Collide

    Lucy Reed
    2 Jan 2015 | 3:05 pm
    I am a family lawyer. My brother is in the financial services industry. Sometimes, when we meet for lunch on a wet weekday and talk about our jobs to one another, we look across the table and realise its not just that we are talking different languages but that we come from different worlds (professionally speaking – if you met us you would see how closely we are related). Some things are so familiar, whilst other things are just anathema. Both of us deal with process and propriety but our respective colleagues deal with them so differently. So we go back to our dim sum and to…
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    Maryland Divorce Legal Crier

  • Loans as Income

    James J. Gross
    29 Jan 2015 | 7:17 am
    The IRS does not consider a loan to be income. But if you own your own business, you can manipulate your income.  So if someone owes you $50,000 for goods and services, you don’t bill them until next year.  You have your business borrow $50,000 from the bank, using your $50,000 accounts receivable as collateral.  Then your business loans $50,000 to you for your living expenses. Is your income zero or $50,000? It’s a situation where you will want to have an accountant as an expert witness.  And even then, the accountants for each side will have conflicting opinions.  I’ve had cases…
  • Inheritance as Income

    James J. Gross
    28 Jan 2015 | 11:40 am
    Leroy and Mynell Gassaway married in 1952.  They separated in 1979. In their DC divorce, the trial court divided marital property upon consideration of the fact that Leroy’s mother owned a house and that Leroy was the only heir and would inherit the property.  After all, “opportunities for the future acquisition of assets” is one of the factors a judge must consider in dividing martial property. On appeal, however, the court said this was not an equitable way to divide property. In Mumma v. Mumma, 280 A.2d 73, 76 (D.C. 1971), this court ruled that gifts to the husband from his parents…
  • Are Gifts Income?

    James J. Gross
    27 Jan 2015 | 12:12 pm
    Albert  Mumma married Jean in 1952 and they had three children together.   Albert supported the family as an architect.  He had an office in Georgetown.  In 1968 the parties had a violent altercation and they decided to divorce. The judge awarded $200 a month in alimony and $500 a month in child support to Jean, plus attorney fees and costs.  Albert appealed complaining that he was ordered to pay support of $8,400 a year, while his income was only $9,422 in 1968 and $12,726  in 1969.   Jean countered that, among other things, he received gifts from his parents. The DC Court of…
  • Ringing in the New Year

    James J. Gross
    31 Dec 2014 | 7:51 am
    These celebrities are ringing in the New Year with a divorce: Chris Rock, 49, comedian and actor, filed for divorce from Malaak Compton-Rock, 45, after 19 years of marriage.  The couple has two daughters, ages 12 and 10. Giada De Laurentiis, 44, celebrity chef, announced on her Facebook page that she is ending her marriage with fashion designer Todd Thompson.  They have been married 11 years and have one six year old daughter. Actor, Jeremy Renner, 43, and his wife, Sonni Pacheco, 23, model and actress, are headed for divorce after 10 months of marriage. They have a 21 month old daughter.
  • Free Online Pet Nup

    James J. Gross
    30 Dec 2014 | 7:25 am
    Pets can become an issue in a divorce.  Although the parties may treat their pets like children and argue over custody and visitation, the courts do not.  The law views pets as personal propety like a chair or a lamp. After losing a dog in a divorce, an English lawyer, Vanessa Lloyd Platt, created a “Pet Nup” which sets forth the agreement of the parties with respect to their pets. You can view and download the Pet Nup for free, but remember it would have to be modified for Maryland, Virginia or DC.
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    Fathers' Rights Not Just Every Other Weekend

  • Things I Want to Teach My Children

    James J. Gross
    22 Jan 2015 | 11:52 am
    Growing up, my brother and I could never figure out why our dad was so obsessed with us putting our shoes away in the closet instead of leaving them by the door.  He also seemed similarly obsessed with us turning off the lights when we left one room and moved to another. This morning, I picked up my children’s clothes on the floor and put them in the hamper.   I turned off the lights they left on and thought about the Pepco bill I have to pay this month.  I hung up the wet towel one of them left on the carpet.  I washed their cereal dishes and put the cereal box away.  I tripped over…
  • Child Support Scam

    James J. Gross
    19 Dec 2014 | 10:26 am
    T.K., who lives in a Minneapolis suburb, met Jhona Vandemore on a dating website in 2007.  Shortly afterwards they arranged to meet in person Two or three months after Vandemore told T.K. she was pregnant with his child. He asked for a paternity test and she said that would cause her to file for child support in court.  T.K. acquiesced and agreed to pay her $1,000 a month.  She sent him a birth certificate and pictures of the child. Over several years, T.K. paid more than $100,000.  T.K. married and his new wife became suspicious.  She hired a private investigator who took his findings…
  • Homework

    James J. Gross
    11 Dec 2014 | 11:17 am
    My youngest son is in the sixth grade.  He asked me to help him with his math homework last night. I took a look at the problem.  Er…how do you divide exponents? I’m not exactly a slouch at math. I have a degree in chemical engineering, a law school degree, and a master of law degree in taxation.  I’ve taken every math course available including differential equations and laplace transformations.  I’m in Mensa. But I couldn’t divide exponents.  I must have missed that day in school. Fortunately for me, I’ve never encountered a real-life work situation where I had to divide…
  • Hey, I’m Not Headed to Vegas with Your Child Support, Buddy

    James J. Gross
    10 Dec 2014 | 1:00 pm
    Marye has written an interesting view of child support from her perspective as a mother of three at First Wives World.
  • DC Collects Child Support for Less than Half the Children

    James J. Gross
    3 Nov 2014 | 10:55 am
    On Tuesday, the District of Columbia will elect an Attorney General.  Judy Berman and Marc Efron report in the Washington Post that the largest division of the office of Attorney General is the Division of Child Support. It serves more than 50,000 children (more than children enrolled in D.C. Public Schools). It has a staff of more than 200  people charged with locating and serving non-custodial parents; processing and filing paternity cases, child support and medical support orders with the court; reviewing and revising orders, initiating and monitoring collections; and initiating…
 
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    Dads Divorce

  • Video: Cordell & Cordell News – January 30, 2015

    Shawn Garrison
    30 Jan 2015 | 12:25 pm
    Cordell & Cordell, along with its sponsored sites Dads Divorce and Men’s Divorce, present a news video for the week of January 30, 2015. This week, Cordell & Cordell Principal Partner Joe Cordell contributed a new article in his column for Financial Advisor Magazine detailing two subjects where financial advisors can be helpful during a divorce. Because of they tend to have a much more comprehensive understanding of the financial complexities of taxes and benefits than divorce attorneys, financial professionals are often better suited to assist in the structuring of divorce…
  • The Philippines: The Land Of No Divorce (Laws)

    Shawn Garrison
    29 Jan 2015 | 12:21 pm
    Undoubtedly, there are many flaws with the divorce and custody laws in the United States. But clearly there are situations in other parts of the globe that are much worse. Take a look at the Philippines, which aside from Vatican City, is the last country in the world that lacks divorce laws. A bill recently filed in Congress that would legalize divorce has provided a glimmer of hope to Filipino couples in failed marriages, but the consensus is that the bill has minimal chance of passing because of the opposition faced from President Benigno Aquino III, politicians, and the Catholic Church. …
  • DadsDivorce Live: Cause And Effects Of Parental Alienation

    Shawn Garrison
    28 Jan 2015 | 2:17 pm
    Dr. Samantha Rodman is a licensed psychologist in the Greater Washington, D.C., area and author of the upcoming book “How To Talk To Kids About Divorce,” which is scheduled to be released in August 2015. During the course of writing her book, Dr. Rodman reviewed much research regarding the effects of parental alienation. She recently joined DadsDivorce Live to discuss her book, and her findings on parental alienation. Click here to subscribe to the DadsDivorce YouTube channel. The post DadsDivorce Live: Cause And Effects Of Parental Alienation appeared first on Dads Divorce.
  • Carnell Alexander Case Shows Need For Paternity Fraud Laws

    Shawn Garrison
    27 Jan 2015 | 9:40 am
    The case of Carnell Alexander in Michigan has exposed how problematic it is that the state lacks paternity fraud laws. The absence of those laws could cause Alexander to be sent to jail for failing to pay child support for a child that everyone agrees isn’t his. WXYZ-TV first reported on this story in October. In 1991, Alexander was pulled over for a traffic stop in Detroit. He was shocked when the officer told him he was a deadbeat dad and there was a warrant out for his arrest. Come to find out, in the late 1980s an ex-girlfriend of Alexander’s listed him as the father in order to…
  • How Parenting Time Factors Into Contempt Cases

    Shawn Garrison
    26 Jan 2015 | 9:20 am
    Question: I work 40 hours a week, am a full-time college student and a drilling military reservist. I pay child support but often have to work or have drill on my visitation day. My ex-wife refuses to work with my schedule and is threatening to have me thrown in jail. Is that possible? Can I be found in contempt because of work/school conflicts? Answer: Utah divorce attorney Dena L. Morgan I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning parenting time and…
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    Marilyn Stowe Blog

  • Infidelity more likely before milestone birthdays

    Stowe Family Law Web Team
    30 Jan 2015 | 10:00 pm
    People are more likely to be unfaithful to their partners in the year before they reach ‘milestone birthdays’, a new study suggests. Researchers from the University of New York and the University of California found that people who are 29, 39, 49, or 59 are more likely to be unfaithful than they would be at other ages. These people were named “9-enders”. Adam Alter and Hal Hershfield co-authored the study. They primarily used data from a dating website which caters to those already in a relationship. They found 950,000 male members of the site were 9-enders. This was 18 per cent more…
  • Judge’s ‘immoderate’ language leads to successful appeal

    Stowe Family Law Web Team
    30 Jan 2015 | 10:54 am
    The Court of Appeal has overturned the dismissal of a DNA test application on the basis of the judge’s “unrestrained and immoderate language”. In Re A, care orders had been made for the 13 year-old child in question, along with her four siblings. The parents had applied for the care orders to be ‘discharged’ (cancelled) or at least them to be able to see the children more often. During the subsequent proceedings, the girl told her legal guardian that she doubted that the man was really her biological father, so the guardian applied for a DNA test on the child’s behalf, in order to…
  • A week in family law: child maintenance and more by John Bolch

    John Bolch
    30 Jan 2015 | 8:12 am
    The number of absent parents who are now paying towards the cost of their children through the Child Support Agency (CSA) has hit an all-time high, according to the Department for Work and Pensions (DWP). They say that nearly nine out of ten of non-resident parents within the CSA system are now contributing towards child maintenance to support their children, with help from the CSA, and that in the past twelve months, the CSA has helped collect and arrange more than £1.2 billion of payments, thanks to tougher enforcement action against parents who previously refused to pay, as well as vastly…
  • Court sets aside order to return children

    Stowe Family Law Web Team
    30 Jan 2015 | 5:10 am
    The Court of Appeal has set aside an order to return three children to the Republic of Ireland. In Re M, the children in question were aged 13, 11 and 6. They had an elder brother, now aged 17, who was not involved in the subsequent dispute. The father of the children was an Irish national and the mother British. They lived in the Republic of Ireland and all four of the children were born and raised there. The mother was the children’s “primary carer” for most of the time, while the father provided financial support. Both parties admitted that the marriage was coming to an end in…
  • Wales lacks social workers for care leavers

    Stowe Family Law Web Team
    30 Jan 2015 | 3:55 am
    More must be done to retain social workers who support care leavers in Wales, a new report suggests. Care and Social Services Inspectorate Wales (CSSIW) claims there are not enough experienced social workers to support both children in care and those who have recently left. CSSIW oversees the country’s social services to make sure they are performing effectively. Their report claimed “urgent action” was needed to address the shortage of support for care leavers, despite finding some examples of good practice. The report was based on inspections CSSIW performed between January and May…
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    Tripp Atkins, Greenville Divorce Lawyer, Greenville, SC Divorce Lawyer

  • Where do I file my divorce?

    Tripp Atkins
    26 Jan 2015 | 4:45 am
    When you are preparing to file for a divorce most people would like to file it in the county/court most convenient to them, but that is not always proper or allowed. When considering the proper county for filing your divorce you are considering the proper “venue”.  In South Carolina, the proper venue is determined by SC Code §20-3-60. South Carolina law requires divorce and separate support and maintenance actions to be filed in the county where the Defendant resides at the time of filing your divorce case; where the Plaintiff resides if the Defendant lives out of state or if…
  • Do We Have to Separate and if I do, will I lose any rights?

    Tripp Atkins
    19 Jan 2015 | 5:00 am
    Question: My spouse is threatening to sue me for abandonment if I leave and telling me that I won’t get anything from the home if I leave the home.  Our marriage is over and I cannot stay there any longer.  Can I leave the home or am I required to stay?   Answer:This is a very common threat in divorce matters.  The fear of the unknown and a lack of understanding of the law keeps people together – even in dangerous or abusive situations.  So, let’s look a little deeper.  Is is okay to leave the home or will you forfeit some rights if you move out? I’ll start out…
  • South Carolina Child Custody

    Tripp Atkins
    12 Jan 2015 | 5:00 am
    If you are facing a separation/divorce matter or you are aren’t married but have children with someone and you are considering separating you most likely have many questions related to the child custody laws in South Carolina, how things will look when you separate, and what you can expect when it comes to time and responsibility for your children.  When you discuss things with friends who have “been there, done that” or you begin your research online you hear lots of terms.  Many of them are confusing or seem contradictory. When it comes to custody of children I encourage…
  • Alimony in South Carolina

    Tripp Atkins
    6 Jan 2015 | 6:44 am
    Alimony is a hot topic in many South Carolina divorce cases, but many times spouses ask for it in order to punish their spouse for some bad deeds committed during the marriage.  So what is alimony? Alimony is defined as “a substitute for the support which is normally incident to the marital relationship” Lide v. Lide, 277 SC 155 (1981).  What does that mean?  It means that while the couple is together they have some expectation that there is some mutual financial support for the marriage.  When the marriage is ending and the parties separate alimony helps the spouse with the…
  • Inspiration: The vision pulls you

    Tripp Atkins
    12 Dec 2014 | 7:54 am
    No related posts.
 
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    Scaling the Summit: Divorce, Families, & Options

  • Can I Modify my Alimony? Updated Flowchart.

    30 Jan 2015 | 3:03 pm
    The SJC reached a decision on 1/30/2015 on three cases that interpreted the modification provisions of the Alimony Reform Act.  The SJC disagreed with our prior interpretation and decided that the provisions on retirement age and cohabitation can not be read retroactively.  To read more on these decisions check out our post here: Lifetime Alimony is Back (for some)! - Chin v. Merriot. If your case is a post March 1, 2012 case then all of the Act's provisions apply to you and your case would be modifiable pursuant to the terms of your Judgment read in conjunction with all…
  • Lifetime Alimony is Back (for some)! - Chin v. Merriot

    30 Jan 2015 | 2:20 pm
    Three months ago we told you about three very important pending cases that were argued before the Massachusetts Supreme Judicial Court, all three having to do with the issue of alimony modification. Today, the SJC released their decision on these three cases (Chin v. Merriot, Rodman v. Rodman, and Doktor v. Doktor) and in doing so they have created two clearly separate classes of alimony cases: those cases that were decided prior to March 1, 2012 and those that were decided after March 1, 2012.On March 1, 2012, the Alimony Reform Act took effect, and it included limits on the amount and…
  • Let the Judge Decide! - The End of Conflict or Just the Beginning?

    8 Jan 2015 | 6:05 am
    "Let the Judge Decide!"  How often have I heard that in my career as a divorce attorney and mediator?  Too many times to count. In many cases, when a spouse or their attorney feels that they are unable to reach an agreement with the other side, they simply decide to put the issue to the Judge.  After all, that's the Judge's job.  The whole reason we have a civil legal system is to resolve disputes in a civilized way between adults, but that system is far from perfect.Have you really been told the truth about what it means to "let the Judge decide?"The Probate and Family…
  • Appeals Court confirms Survived Agreements are not Modifiable, even under the Alimony Reform Act: Lalchandani v. Roddy

    7 Jan 2015 | 9:25 am
    This post written in collaboration with Jason V. Owens, Esq. of Stevenson & Lynch, P.C.The Appeals Court recently decided another alimony modification case, Lalchandani v. Roddy (AC 13-P-1988), but don't get excited.  The case doesn't contain any revelations.  The issue presented in Lalchandani v. Roddy is whether a husband who has reached federal retirement age can seek to terminate his alimony obligation, despite a survival clause prohibiting modification in a divorce agreement, where the parties subsequently agreed to reduce the husband's alimony after the divorce.
  • How does a second job affect child support or alimony?

    1 Jan 2015 | 7:00 am
    In Massachusetts, both the child support guidelines and the alimony statute address second job income.  One key question for both child support and alimony is determining when the additional income started.The definition of income for both child support and alimony starts the same.  M.G.L. Chapter 208 Section 53b states (with some limitation) that income for determining alimony shall be defined as set forth in the Massachusetts child support guidelines.  The child support guidelines define income as "gross income from whatever source regardless of whether that income is…
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    Lawdiva's Blog

  • The Mystery of Munchausen By Proxy

    Georgialee Lang
    29 Jan 2015 | 3:33 pm
    Many years ago I acted for a single mom who had an 8-year-old daughter. She retained me when her ex-husband filed an application seeking a change of custody from my client to him…not so unusual, right? Wrong! This case was my first introduction to the mental illness called “Munchausen by proxy”, an insidious syndrome that experts say causes mothers, rarely fathers, to exaggerate or fake their child’s health problems, or in the worst cases, deliberately harm or cause injury to their child. The signs and signals that Munchausen may be present include: • A child who is…
  • The Free-Range Kid Movement

    Georgialee Lang
    28 Jan 2015 | 4:57 pm
    Until Danielle and Alexander Mietiv from suburban Maryland became embroiled in a child protection investigation for allowing their children, ten and six, to walk a mile home together from the park, unsupervised by an older child or adult, I had never heard of “free-range” kids. But I get it…they’re like free-range chickens: fresh air, sunshine and open space. How dangerous could that be? Not at all, say proponents of the movement, who hearken back to the kinder, gentler world they grew up in, and want the same for their offspring. The children’s mother Danielle…
  • Hide and Seek: Non-Disclosure in Family Law

    Georgialee Lang
    27 Jan 2015 | 8:21 am
    At the end of a marriage, each spouse has a legal obligation to make honest disclosure of the assets in their name, possession or control. A colourful British Columbia judge called the absence of accurate disclosure the “cancer of matrimonial litigation”, and he was right. Spouses who initiate the costly game of “hide and seek” have characteristics in common, and that is arrogance and greed. Whether they accumulate assets off-shore, stash them in trusts and corporations, or transfer them to family members and friends, the result is the same for the non-owning spouses…
  • Class Action Lawsuit Continues Against Family Court Judges

    Georgialee Lang
    24 Jan 2015 | 8:54 am
    A group of fathers in New Jersey have banded together to bring a class action lawsuit against five family court judges. They allege their constitutional rights were violated by orders made by these judges that deprived them of a relationship with their children. They also claim they were not afforded due process or equal protection under the law. Their main argument is that by basing custody decisions on the “best interests of the child” their rights are violated. They also allege that lack of appropriate notice before a court order is made regarding their children is a breach of…
  • A Clever Way to Collect Child Support

    Georgialee Lang
    9 Jan 2015 | 7:26 pm
    Getting an order for child support is the first step and thankfully, for many children, also the last. Unfortunately, there are too many cases where a child support order is not worth the paper it’s written on because the paying parent refuses to pay despite the existence of a court order. How do they get away with it? They move away and hide, they work under the table, they feign illness and swear they are unable to work, they retire prematurely, they commence custody proceedings in an attempt to have primary residence of their children, thus avoiding the payment of child support, and on…
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    Farzad Family Law

  • What Will My Divorce Lawyer Need and Ask Me? Answers About Information and Documents.

    B. Robert Farzad
    15 Jan 2015 | 9:43 pm
    You know you need to hire a lawyer. You have started the interview process. But now you’re wondering…what will my divorce lawyer need? What questions will my divorce lawyer ask? What will my divorce lawyer need? What will my divorce lawyer ask me? When searching for a divorce lawyer, it’s normal to wonder. You have never been through a divorce before and it’s a little scary walking into an attorney’s office. It’s especially scary when you don’t know what to expect. Lucky you, that’s why we wrote this article. Because we don’t want you to be left wondering or…
  • Will My Wife Get Spousal Support from Me for Life?

    B. Robert Farzad
    1 Jan 2015 | 9:52 pm
    “Will my wife get spousal support from me for life?” It’s usually the first question a husband asks in a long term marriage where he has been the family’s breadwinner. In a long-term marriage, spousal support for life is every high income earner’s fear. “Will my wife get spousal support from me for life” is usually the first question a man will ask in a California divorce. But is that concern about lifetime spousal support realistic? Is that what California law requires on long-term marriages? This article is not legal advice and we are only writing about…
  • Is My Wife Entitled to Half My Business if We Divorce?

    B. Robert Farzad
    26 Dec 2014 | 8:00 am
    The word “half” in divorce is pretty scary for most men – half the property, half my income and yet she may not be as forthcoming with half the time with the children right? For business owners, the question “is my wife entitled to half my business if we divorce” can be downright terrifying. Men think about how the business can survive with half of its value going the other way and how they can even afford to pay such a price to their wife? And usually as all of this worry takes over, some men start thinking about how to cook the books or do other foolish things to make the…
  • What are the Best Divorce Tips for Guys? Let’s Look at the Legal Side

    B. Robert Farzad
    1 Dec 2014 | 10:00 pm
    Divorce tips for guys starts with a focus on the legal side of things. Divorce tips for guys starts with the legal landscape. This article is part one of a three-part series. Part two will be practical divorce tips for guys they could really use (and many don’t know) and part three will help with the emotional aspects of it all…and we all know the emotional side can sometimes be the most challenging. Remember guys, this isn’t legal advice. Divorce advice comes from an actual dialogue with a divorce lawyer and the lawyer understanding your specific situation. No matter how many…
  • What Can You Expect from Divorce Depositions in California?

    B. Robert Farzad
    29 Nov 2014 | 10:02 pm
    Divorce depositions in California require the experience, knowledge and skill of the lawyer taking or defending it. Divorce depositions in California are less common than you think. There are two reasons for that. First, depositions can get expensive. It’s not just lawyer’s fees but also the court reporter who often charges per page to create the transcript and charges for the original and certified copies. Second, divorce depositions are often unnecessary (or overkill) in cases that are not complex or do not have many contested issues and there are more cost-effective ways to get answers…
 
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    Fairfax, Virginia Family Law Blog

  • Proving negligence after a truck accident

    Surovell Isaacs Petersen & Levy PLC
    28 Jan 2015 | 8:10 am
    Even though many truck accidents, especially those involving a collision with a smaller passenger vehicle, are severe and catastrophic, this does not necessarily mean that the other party involved in the accident who suffered damages as a result of the accident will be able to recover damages in a personal injury lawsuit. There are many different potential causes for a truck accident beyond a negligent or unqualified truck driver. For this reason, if someone is injured during a truck accident and believes the other party to be at fault for the accident, he or she must prove the negligence of…
  • We are your allies if you have suffered a brain injury

    Surovell Isaacs Petersen & Levy PLC
    23 Jan 2015 | 10:13 pm
    A head injury is often one of the most significant life events that a person can experience. Suffering a brain injury is often completely unexpected and can occur numerous different ways: a fall, a car accident, other forms of impact, or negligence in medical care and treatment. Brain injuries have the potential to be so devastating because they can result in serious emotional issues, loss in cognitive abilities, personality changes, coma, memory loss, seizures or even death. Dealing with the aftermath of a brain injury is difficult enough on its own without the additional stressors of…
  • Is there premises liability if I allow hunting on my land?

    Surovell Isaacs Petersen & Levy PLC
    15 Jan 2015 | 11:31 am
    In many rural areas throughout Virginia, there are people who own large areas of land. Some of these landowners may wish to allow hunting by sportsmen on their private property but may worry about the risk of being held liable for damages in a premises liability lawsuit. However, for the responsible landowner, there are laws that protect the landowner while facilitating allowing access to the property for hunters. First of all, a landowner who owns a large piece of land should understand that the many benefits of allowing hunters access to the land include wildlife management, habitat…
  • Car accident injuries cause man's death

    Surovell Isaacs Petersen & Levy PLC
    8 Jan 2015 | 1:56 pm
    Car accidents are common throughout Virginia, but the frequency at which they occur do not make them any less serious. In many cases, a person injured in a car accident does not fully even recognize that he or she is injured until later that day or even several days later after the adrenaline wears off. In the worst cases, car accident injuries that do not appear life-threatening initially can even result in someone's death, as was the case recently with a Virginia man. Just before the New Year, a 32-year-old man from King George, Virginia, was involved in a car accident with a pickup truck.
  • Product liability for pharmaceutical drug companies

    Surovell Isaacs Petersen & Levy PLC
    30 Dec 2014 | 11:49 am
    Products liability lawsuits often occur when a consumer is injured by a defective product. One of the most common products that cause injury is drugs and medicines. It is important to understand that not all injuries resulting from use of a drug or medicine can form the basis of a products liability lawsuit, however. The Food and Drug Administration requires that all pharmaceutical companies and drug manufacturers adequately test drugs, according to industry standards, before releasing them onto the market for consumer use. Satisfying this obligation and legal duty is not sufficient to avoid…
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    911bikerlaw.com

  • Teaching your teen to drive

    Biker Law
    15 Jan 2015 | 4:00 am
    Can you believe it? Just yesterday you were bringing your little bundle of joy home from the hospital and now they are old enough to get behind the wheel. Teaching your teenager to drive can be stressful on both parent and child. But don’t worry, we’ve been through the process ourselves! Here are a few tips on how we survived. Start slow Don’t hit the road just yet. Nervous teen drivers can be dangerous to those already on the road. Try starting small and head to a large, empty parking lot. A mall parking lot on a Sunday morning before the stores open is often free of cars. No large…
  • Feature your Motorcycle – How to Submit your motorcycle to 911 Biker Law

    Christine Hetzel
    13 Jan 2015 | 10:13 am
    We love to see what other motorcycle enthusiasts have done with their motorcycles and the “Feature Your Motorcycle” section on 911BikerLaw is the place to show off your motorcycle and you on it.  Follow these guidelines for submission: 1. Photo requirements:Send us at least one clear color digital image of your motorcycle and you. Must be at least 800 pixels.  The more photos are better so we have a few to pick from. If you’ve done some custom work, send us those detail photos and we’ll include them as well.  2. Text requirements:- Include in the email your first…
  • How to Ride Safely with a Passenger

    Christine Hetzel
    5 Jan 2015 | 7:23 am
    For those of us who love riding, there usually comes a time when we want to share the joy of riding with others. However, riding your motorcycle with a passenger is an entirely different experience than riding solo. While it can (and should) be a fun time for both of you, it needs to be taken seriously with sufficient preparation done beforehand. Follow the tips below to help your passenger enjoy their first ride! Advanced Preparation While it would be nice to simply put your passenger on the bike and be on your way, it isn’t that quick and easy. You must take care of these items first: 1)…
  • Ride on the Job: Occupations that Utilize Motorcycles

    Biker Law
    24 Nov 2014 | 2:52 pm
    If you spend your 9-5 behind cubicle walls, this post may cause you to rethink your career. To true bikers at heart, spending all day, every day on a bike is considered living the dream. Though seemingly unattainable, this dream is a definite reality for those pursuing the following occupations which allow you to earn a wage on a motorcycle.   Motorcycle Expedition Guide If you love travelling and seeing the world from your motorcycle, pursue a career as a motorcycle expedition guide. Motorcycle expedition guides are the purveyors of adventure. Through companies like Australia’s…
  • Tips for Riding in a Group of Motorcycles

    Biker Law
    14 Nov 2014 | 2:33 pm
    Though motorcycle riding is often a solitary experience, riding in a group is the essence of being a biker. However, group riding comes with added risks. A recent National Highway Traffic Safety Administration (NHTSA) study showed that risks associated with group riding include covering too much road, mixing riders of various skill levels, and general chaos contributing to the unpredictability of group rides. With a little bit of planning and proper group ride etiquette, you’ll be ready for a safe and fun group road trip. Photo courtesy of NY Times   Meet before you ride First and…
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    The Sampair Group | Legal Blog

  • Rape and Child Custody

    Sampair Legal Blog
    30 Jan 2015 | 12:53 am
    It is estimated that 1 in 6 women are victims of rape or attempted rape at some point in their lives. The American Journal of Obstetrics and Gynecology reports a pregnancy rate of 5% among rape victims between age 12 and 45. Some women choose to carry their pregnancies to term and parent their child. Women who do so are often concerned that their rapist could seek or obtain custody or parenting time with their child. Some states have passed or are in the process of passing legislation banning convicted rapists from obtaining custody or visitation with the child, but Arizona is not yet one of…
  • False Reports of Child Abuse and Custody

    Sampair Legal Blog
    29 Jan 2015 | 12:51 am
    Child custody cases are often highly charged proceedings. Sometimes parents feel desperate, scared, or vindictive and work to make the proceedings extremely difficult. One ploy that some parents attempt is to accuse the other parent of child abuse or neglect. Child abuse and neglect are serious matters and no one should ever cry wolf about them, but unfortunately some people do. Claiming that the other parent has abused or neglected the child might seem like a slam dunk strategy. After all, what judge would give custody to an abuser? Arizona courts are very sensitive to these charges and also…
  • Native American Children and Child Custody

    Sampair Legal Blog
    28 Jan 2015 | 12:48 am
    If you or your spouse or partner is Native American, you may wonder if there are any special laws or rights that come into play in your child custody case. Child custody cases are decided in Arizona courts based on what is in the best interest of the child. While the Indian Child Welfare Act applies to adoptions and foster care, it does not come into play in interfamily custody cases. That does not mean that the child’s heritage is not important or not a factor in the case. When considering the best interests of a child in a custody case, Arizona state law lays out a list of factors the…
  • Protecting Your Kids from the Impact of Divorce

    Sampair Legal Blog
    27 Jan 2015 | 12:47 am
    As hard as divorce is for you, you know it is even harder for your child. As a parent, your instinct is to protect your child from the divorce as much as possible. Wanting to make life better for your child is a noble instinct, but you must first realize that it is impossible to completely shield your child from the divorce. He is going to be impacted by it and as a parent there is no way for you to stop that. What you can do is take steps to lessen the impact. Continue to parent together. If you and your ex can work together as parents, show up at important events and functions, and…
  • Divorce and Life Insurance

    Sampair Legal Blog
    26 Jan 2015 | 12:44 am
    Life insurance is one item that is often scrutinized after a divorce as a way to save money. Many people took out life insurance policies in order to provide for their spouse, should something happen to them. No spouse, no need for life insurance, right? Not necessarily. First you need to talk with your attorney to determine if life insurance is or will be a requirement of our divorce decree. Sometimes life insurance is required as part of child support or spousal maintenance, to provide further support and protection. If you have a current policy you may be able to adjust the beneficiary to…
 
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    Etheringtons

  • New build buyers beware!

    Tom Moxham
    26 Jan 2015 | 8:21 pm
    On 15 January 2015, the NSW Government introduced a raft of significant changes to home building laws in NSW. The changes cover builders licencing, Owner builders, Home Building Compensation Fund and the statutory warranty period. Licensing Building and general trade contractors will now only require a licence if their labour and materials are greater than $5000. Certain types of work, including internal painting (provided it isn’t a part of other building work), will no longer require to be licenced at all. Balancing this loosening of “tradie” licencing is the introduction of stricter…
  • What is a Concerns Notice?

    Flo Mitchell
    8 Dec 2014 | 9:24 pm
    A Concerns Notice is a process available in Defamation Law which exists by virtue of the Defamation Act 2005 [NSW] (“the Defamation Act”). The Defamation Act allows for a Concerns Notice to be sent to a person who has made defamatory statements to give them an opportunity to respond by way of making an offer to make amends (“an offer”). In the event that an offer is made (and is reasonable) but is not accepted, it becomes a defence in any legal proceedings taken for defamation by one party against another party. A Judge would determine whether or not the offer ought to have been…
  • Challenges to a Will – Sometimes executors can defend a Will

    Paul
    30 Nov 2014 | 10:45 pm
    In a recent Supreme Court case, a grandchild challenged his grandfather’s Will. It was considered good law and is still considered good law, that a grandchild can challenge a Will if they have been left out and the estate has not provided for the grandchild’s “proper maintenance, education or advancement in life”. In this recent case, the Court ruled that the facts of the particular case meant that such an order was inappropriate and therefore the application by the grandson against his grandfather’s Will was dismissed. The case involved a former private school boy who a Supreme…
  • A Royal Commission

    Flo Mitchell
    19 Nov 2014 | 2:26 pm
    There has been a lot of talk in the media recently about “Royal Commissions” but a  question I am asked frequently is “what is a Royal Commission” . Way back in 1902, the then Government introduced a new law which allowed the Governor General to establish a public enquiry into anything that relates to or is connected with the peace, order, and good government of the Commonwealth. Recently we have had two separate enquiry’s set up by the Government into the Catholic Church and the Trade Union movement, which are each totally independently of each other. People who are affected by…
  • Privacy and your Confidential Information

    Candice Lau
    3 Nov 2014 | 6:01 pm
    Providing confidential information to third parties is something that we do day to day, without a second thought. Think about the last time you opened a bank account, applied for a credit card, opened a social media account and even signed up for a loyalty card for a retail store. In all of these circumstances, we willingly give details regarding our address, date of birth and contact details. We give even more details when it comes to things such as applying for travel or medical insurance, where we sometimes supply information in relation to our medical history, family history and details…
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    jackrobinson.com

  • Assault and family violence arrests in Texas are serious charges

    Jack Robinson
    20 Jan 2015 | 12:12 pm
    Assault and family violence arrests in Texas are serious charges  Assault and family violence arrests in Texas are serious charges. Many Texans don’t realize that calling the police in the heat of a domestic dispute will probably result in someone being arrested. Responding officers frequently conduct sloppy investigations, jump to conclusions, and arrest innocent people for Assault / Family Violence. Sometimes even the person who called 9-1-1 in the first place is arrested. Here are some frequently asked questions about the consequences of being arrested for assault family violence.
  • Learn How To Effectively Co-Parent – Part 3

    Jack Robinson
    13 Oct 2014 | 7:00 am
    Learn How To Effectively Co-Parent It is important to learn how to effectively co-parent because it will prevent children from being “Caught In The Middle” when parents get divorced. Research suggests both difficult and promising news: Children from families of divorce may suffer painful consequences, and yet children who are surrounded by support and given the skills and information needed to cope with the situation suffer fewer painful consequences. Once parents are committed to effectively co-parenting, they will realize  that it is important to learn how to effectively…
  • Learn How To Effectively Co-Parent – Part 2

    Jack Robinson
    8 Oct 2014 | 7:00 am
    Learn How To Effectively Co-Parent It is important to learn how to effectively co-parent because it will prevent children from being “Caught In The Middle” when parents get divorced. Research suggests both difficult and promising news: Children from families of divorce may suffer painful consequences, and yet children who are surrounded by support and given the skills and information needed to cope with the situation suffer fewer painful consequences. Once parents are committed to effectively co-parenting, they will realize  that it is important to learn how to effectively…
  • Here Is How To Be A Better Friend – Part 2

    Jack Robinson
    6 Oct 2014 | 10:00 pm
    Friends: people who know you well, but like you anyway. Unknown In this 2 part post, I listed 25 ideas I have seen on what it takes to be a better friend.  Would love to hear you ideas or suggestions to add to or improve this list 1. Always be there, even in silence. 2. Be kind and listen. Be fun and light. Be serious when needed, love extensively, and forgive always. 3. Don’t be scared to tell each other the truth no matter how difficult it may be. 4. Guide each other in times of need with your honest opinions. 5. A true friend is someone who always listens and is genuinely interested in…
  • Learn How To Effectively Co-Parent – Part 1

    Jack Robinson
    6 Oct 2014 | 7:00 am
    Learn How To Effectively Co-Parent It is important to learn how to effectively co-parent because it will prevent children from being “Caught In The Middle” when parents get divorced. Research suggests both difficult and promising news: Children from families of divorce may suffer painful consequences, and yet children who are surrounded by support and given the skills and information needed to cope with the situation suffer fewer painful consequences. While it is important to learn how to effectively co-parent can be done but it does take effort.  Co-parenting is a phrase used…
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