Family Law

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  • While there is no mathematical formula for determining what constitutes a significant change in circumstances, a decrease in income may warrant closer review

    NJ Family Issues
    PaulKostro
    24 Sep 2014 | 2:43 am
    Law Lessons from Lyndell v. Dadario, App. Div., No. A-0942-13T1, September 23, 2014: “New Jersey has long espoused a policy favoring the use of consensual agreements to resolve marital controversies.” J.B. v. W.B., 215 N.J. 305, 326 (2013) (quoting Konzelman v. Konzelman, 158 N.J. 185, 193 (1999)). “The prominence and weight we accord such arrangements reflect the importance attached to individual autonomy and freedom, enabling parties to order their personal lives consistent[] with their post-marital responsibilities.” Konzelman, supra, 158 N.J. at 193. Settlement…
  • Railroad Retirement benefits are partially marital property subject to division in Missouri divorce

    Missouri Divorce & Family Law Blog
    Kansas City Divorce Attorney Mark Wortman
    20 Sep 2014 | 11:46 am
    Recent case:  Tier II railroad retirement benefits are marital property Husband appeals the circuit Court’s judgment dissolving his marriage to Wife.  Husband contends that, among other things, that the Court misapplied the law in classifying as marital property and awarding almost $20,000 to Wife, which represented Husband’s contribution to his railroad retirement pension during the marriage.  Husband argues that federal law prohibits the division of retirement pension.  The Court disagreed and affirmed the division by the trial Court. The Federal Railroad Retirement act treats…
  • Male Birth Control

    Family Law Prof Blog
    Family Law
    20 Sep 2014 | 4:33 am
    From the Daily Beast: Vasalgel, a reversible, non-hormonal polymer that blocks the vas deferens, is about to enter human trials. How will rhetoric change when male bodies become responsible for birth control? Vasalgel, a reversible form of male birth control,...
  • Missouri Attorney General issues statement on same-sex marriages

    Missouri Divorce & Family Law Blog
    Kansas City Divorce Attorney Mark Wortman
    27 Jun 2014 | 12:40 pm
    Jefferson City, Mo. – Attorney General Chris Koster today issued the following statement related to the St. Louis Recorder of Deeds issuing marriage licenses to several same-sex couples: “While I personally support the goal of marriage equality, my duty as Attorney General is to defend the laws of the state of Missouri. While many people in Missouri have changed their minds regarding marriage equality, Missourians have yet to change their constitution. “Cases currently pending in Jefferson City and Kansas City regarding the constitutionality of Missouri’s ban against…
  • Inability to co-parent grounds for sole custody award; Guardian Ad Litem fees assessed to one party appropriate

    Missouri Divorce & Family Law Blog
    Kansas City Divorce Attorney Mark Wortman
    9 Sep 2014 | 12:57 pm
    Recent Case:       Parents’ inability to communicate, cooperate, and make shared decisions concerning their children’s welfare makes joint legal custody inappropriate. This case involved a motion to change custody from Mother to Father.  The Court ultimately awarded Father sole legal and sole physical custody of the children, subject to periods of visitation to Mother. The trial court found that since the entry of the original parenting plan, a substantial and continuing change has occurred in the circumstances of the children and parents, such that a modification was necessary to…
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    The Stevens Firm, P.A.

  • What You Need to Know About Family Court Depositions

    Ben Stevens
    1 Oct 2014 | 5:30 am
    You’ve probably heard the term deposition before, but what do you need to know about Family Court depositions? What are they? Will you have to participate in one? Why are they done? While depositions are common many different kinds of cases, they are not necessary in every Family Court case. What are depositions? Depositions are a form of discovery (along with others including interrogatories, requests for production of documents, and requests for admission) and one of several tools that attorneys can use to gather information. In a deposition, the attorney places a witness…
  • When Doctors Divorce – Issues to Watch

    Ben Stevens
    30 Sep 2014 | 5:30 am
    You may have heard that roughly one-half of all first marriages end in divorce, but did you know that the divorce rate is 10 to 20 percent higher for physicians? Experts attribute this increased risk to their busy, stressful schedules. Physicians not only need to be aware of the implications of divorce, they also need to be aware of the steps they can take to minimize any professional damage that can occur when doctors divorce. Physician divorces can be complex with high dollar amounts at stake, which makes it extremely important for both spouses to be represented by experienced family law…
  • What to Do If You Are Served with Divorce Papers?

    Ben Stevens
    29 Sep 2014 | 5:30 am
    Going through a divorce is stressful. Getting served with divorce pleadings can be scary – and if you weren’t expecting them, it can be downright disorienting. However, it doesn’t have to be that way, and this article will help you know what to do if you are served with divorce papers. Talk with an attorney If you are served with a Summons and Complaint seeking a divorce, the very first thing you should do is request a consultation with experienced family law attorney. Time matters, particularly early in the case, and you don’t want to hurt your case by waiting too long.
  • How Is Alimony Calculated in South Carolina?

    Ben Stevens
    25 Sep 2014 | 5:30 am
    How is alimony calculated in South Carolina? It sounds like a simple question, but sadly there’s not a simple answer in our state. The reason is that there are no clear guidelines for alimony awards in South Carolina. Instead, Family Court Judges are given the discretion to award whatever they deem appropriate under the facts and circumstances of each particular case. The problem with the approach is that it leads to uncertainty during the divorce process because of widely divergent results. What’s fair? Fair is often in the eye of the beholder, and South Carolina’s existing laws…
  • Spartanburg Family Law Attorneys Speaking at Hot Tips Seminar

    Ben Stevens
    24 Sep 2014 | 5:30 am
    Spartanburg family law attorneys Ben & Jenny Stevens are both speaking at 2014 Hot Tips from the Coolest Domestic Law Practitioners this Friday, September 26, 2014. This seminar is the South Carolina Bar‘s premier family law seminar, and it features some of the most respected judges and best attorneys from all across our state. Jenny Stevens will be discussing “Is the Guardian ad Litem a Party to the Litigation?” and Ben Stevens will address present “Dealing with Problematic GALs – to Remove or Not to Remove?”. If you haven’t made plans to attend…
 
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    Family Law Prof Blog

  • Male Birth Control

    Family Law
    20 Sep 2014 | 4:33 am
    From the Daily Beast: Vasalgel, a reversible, non-hormonal polymer that blocks the vas deferens, is about to enter human trials. How will rhetoric change when male bodies become responsible for birth control? Vasalgel, a reversible form of male birth control,...
  • Call for Papers

    Family Law
    19 Sep 2014 | 10:09 pm
    The Richmond Journal of Law & the Public Interest is seeking submissions for the Spring Issue of our 2014-2015 volume. We welcome high quality and well cited submissions from academics, judges, and established practitioners who would like to take part...
  • Surrogacy Laws

    Family Law
    18 Sep 2014 | 10:45 pm
    From the New York Times: In Louisiana, Minnesota and New Jersey, after the state legislatures handily passed bills in the last few years allowing surrogacy in some situations, Republican governors vetoed them. Many states are now considering certain limits and...
  • Joslin: "Federalism and Family Status"

    Family Law
    15 Sep 2014 | 2:40 pm
    Courtney G. Joslin (UC Davis) just posted Federalism and Family Status, -- Ind. L.J. -- (forthcoming) on SSRN. Here is the abstract: The myth of family law’s inherent localism is sticky. In the past, it was common to hear sweeping...
  • Podcast on 7th Circuit Marriage Cases

    Family Law
    5 Sep 2014 | 2:05 am
    Here is a Bloomberg Radio podcast with Margaret Ryznar on the 7th Circut same-sex marriage cases.
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    Missouri Divorce & Family Law Blog

  • Railroad Retirement benefits are partially marital property subject to division in Missouri divorce

    Kansas City Divorce Attorney Mark Wortman
    20 Sep 2014 | 11:46 am
    Recent case:  Tier II railroad retirement benefits are marital property Husband appeals the circuit Court’s judgment dissolving his marriage to Wife.  Husband contends that, among other things, that the Court misapplied the law in classifying as marital property and awarding almost $20,000 to Wife, which represented Husband’s contribution to his railroad retirement pension during the marriage.  Husband argues that federal law prohibits the division of retirement pension.  The Court disagreed and affirmed the division by the trial Court. The Federal Railroad Retirement act treats…
  • Inability to co-parent grounds for sole custody award; Guardian Ad Litem fees assessed to one party appropriate

    Kansas City Divorce Attorney Mark Wortman
    9 Sep 2014 | 12:57 pm
    Recent Case:       Parents’ inability to communicate, cooperate, and make shared decisions concerning their children’s welfare makes joint legal custody inappropriate. This case involved a motion to change custody from Mother to Father.  The Court ultimately awarded Father sole legal and sole physical custody of the children, subject to periods of visitation to Mother. The trial court found that since the entry of the original parenting plan, a substantial and continuing change has occurred in the circumstances of the children and parents, such that a modification was necessary to…
  • Every child is entitled to a permanent and stable home

    Kansas City Divorce Attorney Mark Wortman
    1 Sep 2014 | 9:14 am
    Recent case: Termination of parental rights for failure to rectify When children are taken into protective care by the children’s division, the goal is to reunite the children and the parent(s).  However, parental rights can ultimately be terminated because of a failure of the parents to remedy the cause(s) of the children to be taken into protective care in the first place.  This is called “failure to rectify.” A termination of parental rights for failure to rectify requires clear and convincing proof that: The conditions that brought each child into care still persisted, or that…
  • Court must account for all property in Missouri divorce

    Kansas City Divorce Attorney Mark Wortman
    17 Aug 2014 | 7:17 am
    Recent case:  Party to Missouri divorce cannot appeal until all claims addressed Wife appeals the circuit court’s judgment dissolving her marriage to Husband. Wife contends that the court erred in failing the distribute a marital pension/retirement plan.  The Judgment was silent regarding the retirement plan, and there was no evidence in the record to support Husband’s claim that the pension plan was included in a catch-all provision for personal property division. The record reflects that the court failed to distribute this property and, therefore, the court’s judgment is not final.
  • Missouri Attorney General issues statement on same-sex marriages

    Kansas City Divorce Attorney Mark Wortman
    27 Jun 2014 | 12:40 pm
    Jefferson City, Mo. – Attorney General Chris Koster today issued the following statement related to the St. Louis Recorder of Deeds issuing marriage licenses to several same-sex couples: “While I personally support the goal of marriage equality, my duty as Attorney General is to defend the laws of the state of Missouri. While many people in Missouri have changed their minds regarding marriage equality, Missourians have yet to change their constitution. “Cases currently pending in Jefferson City and Kansas City regarding the constitutionality of Missouri’s ban against…
 
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    Divorce Discourse

  • Turn Your Lawyer Bio Upside Down

    Lee Rosen
    1 Oct 2014 | 4:30 am
    Most lawyer bios are horrible: …trying to read one now, eyes getting heavy…went to school somewhere…went to work somewhere else…did boring things while in school…did more boring things later… …BORING. Sometimes, at the very end of the bio, there will be a nugget of something we don’t see often. Sometimes there’s a tiny little nugget of… …she goes to church, she has a husband, they’re in a band, they swap spouses (okay, just kidding on that one)… There it is, right at the end. Sometimes there are these brief—very brief—moments of…INTERESTING. Why is the…
  • What Should You Wear?

    Lee Rosen
    30 Sep 2014 | 4:30 am
    It was a nice restaurant—nicer than I thought it would be. I was dressed in jeans, a polo shirt, and running shoes. I looked around to compare my clothes to what everybody else was wearing. I was underdressed. They were mostly in suits. Everybody was dressed in grey, blue, or black, and there were a few stylishly dressed women in bold colors and high heels. I was underdressed—big time. I was standing in the entry area right near the host stand. The space opened into the dining room. Was it my imagination, or were they staring at me? I could feel heads turning. I had to be…
  • 5 Must-Dos Before Striking Out on Your Own

    Lee Rosen
    29 Sep 2014 | 4:30 am
    You’re an associate at a firm. You’d like to do your own thing. You’re ready to head out on your own. Slow down, Cowgirl. Inhale. Exhale. Breathe deeply. Don’t jump the gun. Let’s do some things in preparation for the big move. You must take the required steps BEFORE you leave your present job: 1. Get a reputation. Spend time getting others to refer to you. You’re going to want a steady stream of business coming from other professionals who think highly of you. You need that stream now before you go. Get to know others who can send you business. Use Networking 101 as your…
  • Better, Faster, Cheaper

    Lee Rosen
    25 Sep 2014 | 4:30 am
    They say you can deliver two but not three of these. You can be better and faster. We get that all the time, usually in an emergency. Of course, that combination comes at a price. It costs more to make it better and faster. I had that yesterday when the toilet needed a plumber and a snake. If you’re attracting clients who need it better and faster, they’re willing to pay more. They’re happy to pay you what it costs for what they need. That’s especially true if they need it right now. Instead, you can be faster and cheaper. This type of service is for those in a big hurry who…
  • Does Your Website Go Too Far Too Fast?

    Lee Rosen
    24 Sep 2014 | 4:30 am
    “Why are you sticking your tongue down my throat?” I wanted to ask as I visited her law firm website. Seriously, I’m not even sure we should kiss on the first date and yet she’s hitting me with both barrels plus a giant tongue. It’s overwhelming. Here’s what I mean: Phone number. I’m on her website and there’s this big, bold phone number dominating the page with “Call NOW!” blinking. Why is it blinking? And it’s in red. Slider. There’s a slider in the center of the page, and images are coming and going. Boom, click, boom, click…things keep sliding by, and new…
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    UPDATES IN MICHIGAN FAMILY LAW

  • In Re AJR | Michigan Supreme Court Ruling on Step-Parent Adoptions

    Jeanne M. Hannah
    25 Sep 2014 | 6:39 pm
    The Michigan Supreme Court has finally handed down its decision in In Re AJR--a step-parent adoption case. According the the supreme court, the constitutional rights of a noncustodial parent ["NCP"] who has joint legal custody trump the right of a child or children to live in an intact family despite the failure that NCP to pay regular and substantial support and to maintain a regular and substantial parent-child relationship in the two years prior to filing of the step-parent adoption petition.
  • Disorder in the Court | A Custody Hearing Gone Bad

    Jeanne M. Hannah
    23 Sep 2014 | 6:38 am
    Internet coverage of a Family Court hearing in Durham, North Carolina has garnered only 17,000 views on YouTube. (How did this courtroom video get posted to YouTube?) Those views, in my opinion, are hardly sufficient. Hopefully, the North Carolina Judicial...
  • Gmail Accounts Compromised by Russian Hackers | How to Fix This

    Jeanne M. Hannah
    11 Sep 2014 | 7:12 am
    Two lawyers on the State Bar of Michigan Family Law Listserv alerted members to a serious problem with Gmail today. This news and their advice is something I want to pass along to my readers. Email security is always imperative, especially given how often documents with sensitive information are exchanged by a lawyer and client.
  • Post-nuptial Agreement Unenforceable | Against Public Policy

    Jeanne M. Hannah
    27 Aug 2014 | 8:40 am
    An Illinois appellate court affirmed a trial court ruling that a postnuptial agreement was unenforceable as against public policy where the agreement gave a third party “counselor” sole power to determine custody and other issues including property and support. In the words of the appellate court, the agreement was so one-sided and “draconian” that it was substantively unconscionable.
  • Young Parents Struggle with Computerized Work Scheduling

    Jeanne M. Hannah
    25 Aug 2014 | 6:52 am
    The New York Times a typical last-minute scramble, Jannette Navarro, a 22-year-old Starbucks barista and single mother, scraped together a plan for surviving the month of July without setting off family or financial disaster.
 
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    Divorce Law Journal

  • Ky Role of Guardian ad Litem and Friend of the Court in Custody Litigation - Case Digest and Link

    Diana L. Skaggs
    22 Sep 2014 | 12:44 pm
    Morgan V. Getter and A.G., A Child Issue In a custody matter, can a Guardian Ad Litem (“GAL”) serve as both an attorney for the minor child involved in the custody dispute, as well as an investigator for the Family Court? Facts In 2011, Getter petitioned to modify custody for the parties’ only remaining minor child. The Family Court subsequently appointed a GAL for the minor child. The GAL filed a report based on interviews and a visit to the residence of the custodial parent, Morgan. In the report, the GAL ultimately recommended the minor child be allowed to relocate to Florida and…
  • Groundbreaking Ky Guardian ad Litem Opinion from Ky Supreme Court Yesterday

    Diana L. Skaggs
    19 Sep 2014 | 11:09 am
    Morgan v. Getter, et al. Digest to follow.
  • Publshed Family Law Opinion from Ky Supreme Court Today

    Diana L. Skaggs
    21 Aug 2014 | 8:45 am
    Rumpel v. Rumpel The Supreme Court reaffirms the American Rule against shifting fees, recognizing CR 37.03 and KRS 403.220 as exceptions to the rule. In this case, $50,000 of attorney fees were awarded to the Wife under CR 37.03 and KRS 403.220. The Supreme Court held that the Trial Court misapplied CR 37.03 by imposing discovery sanctions on Husband for denial of a request for admission. The Trial Court should have considered Husband’s grounds for denial. As in this case, when a party reasonably believes he might prevail on a matter, or has a legitimate reason for denial of a request for…
  • Published family law published opinion from Ky Court of Appeals today. Tax dependency exemption agreement is modifiable.

    Diana L. Skaggs
    8 Aug 2014 | 11:08 am
    Smith v. Lurding The appellant argued that the tax exemption for a child was non-modifiable because it was a bargained-for property right. The court looked to the language of the Agreement and held that the tax exemption was indeed modifiable because of the 4 corners doctrine. The agreement about the tax exemption was within the Agreement’s paragraph on child support. The Agreement itself expressly allowed modification for the child support provision. Additionally, the court indicated that allocation of a tax exemption for a child may be modifiable in any circumstance under KRS 403.180(6)…
  • Ky Court of Appeals, July 18, 2014, Published Opinion Reversing Order Reinitiating Contact With Mother

    Diana L. Skaggs
    29 Jul 2014 | 10:15 am
    OSTER VS. OSTER The Appellate Court reversed and remanded a Trial Court Order for reinitiation of contact between a mother and her two children. The Appellate Court first held that the Trial Court’s  original order conditioning reinitiation on compliance with all therapeutic recommendations was never modified, set aside, or reversed. Therefore, the mother was bound by it. The mother’s noncompliance with the original order was enough to bar reinitiation of contact. The court reiterated the principle that when there is a previous denial of visitation, there is no presumption visitation is…
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    International Family Law

  • There are Two Ways to Prepare for an International Divorce

    29 Sep 2014 | 2:07 pm
    Are you someone who always runs at the last minute to catch a plane? Or do you prefer to arrive at the airport ten minutes early and relax?This is a question that ‘marketing guru’ Seth Godin asks so as to illustrate the benefits of sensible planning in business.In my area -- international family law -- it raises these questions:• Do you think it’s better to wait until you’re served with divorce papers before running to a lawyer in a panic?• Or would be better to plan in advance?• If you and/or your spouse are internationally connected, would it be best to wait until your…
  • GPSOLO Magazine Article: Parental-Tug-Of-War

    26 Sep 2014 | 2:15 pm
    International family law is expanding as people travel more and spend time with people from different countries. International personal relationships produce an abundance of conflict and litigation. It is hard enough for people to live together when they share a similar background, but it is far harder when they are from different countries, cultures, religions, ethnicities, educational experiences, languages, traditions, and family structures. The resulting pressures may become especially acute when international couples have children and disagree about such matters as child-rearing methods,…
  • Notes on Algeria and International Child Custody

    18 Sep 2014 | 8:49 am
    Jeremy D. MorleyAlgeria is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.A well-publicized 2012 case of an abduction from New Zealand to Algeria demonstrated the difficulties of securing the return of children from Algeria. Although Article 29 of the Algerian constitution states that, “All citizens are equal before the law. No discrimination shall prevail because of birth, race, sex, opinion, or any other personal or social condition or circumstance,” Article 2 of the constitution provides that Islam is the religion of the state.The United…
  • Manga and the Hague Abduction Convention

    17 Sep 2014 | 7:36 am
    Jeremy D. MorleyThe Japanese Ministry of Foreign Affairs has prepared a manga-style booklet explaining the Hague Abduction Convention, which it has sent to Japanese embassies and consulates. Much of the booklet is actually well done. However, some have claimed that the booklet is racist. The cover appears to show a Western-looking man beating an Asian-featured child; the same Western man removing a child; and a Japanese woman with no money worrying about her daughter. 
  • Mother's Arrest at D/FW Airport Shows Difficulties of International Custody Disputes

    16 Sep 2014 | 1:05 pm
    By JULIETA CHIQUILLO14 September 2014 Like many divorces, Padmashini and Dean Drees’ breakup in 2004 was bitter.There were mutual allegations of abuse, suspicions of infidelity and a nasty fight over custody of the couple’s toddler son, Drew.But when Padmashini Drees traveled with Drew to India seven years ago and didn’t return, the family’s problems reached the U.S. State Department and the FBI.Though custody battles tend to be messy, international cases like the one involving the Dreeses can drag on for years. The U.S. Supreme Court has wrestled with at least two disputes since…
 
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    Family Lore

  • T v S: The court cannot micro-manage the relationship between the parents and their handling of the child

    30 Sep 2014 | 6:40 am
    A quick look at T v S [2013] EWHC 2521 (Fam), which was decided by the President on the 25th of July last year, but has just appeared on Bailii. It doesn't make very pretty reading, especially for the parents concerned.The case involved a six year old boy and the 'incessant litigation' relating to him between his mother and his father over the previous four and a half years. The President picked up the story in December 2012, when Mr Justice Hedley decided that, contrary to the father's wishes, there should not be a reversal of the existing arrangement that the boy spend the majority of his…
  • Human Rights: A short post to redress the balance

    29 Sep 2014 | 10:12 am
    This post is not directly about family law (save, of course, for Article 8), but I thought I should still say something about the current attacks upon human rights from certain ill-informed quarters. I have three things to say on the subject, in an attempt to redress the balance:Firstly, as explained here, there has been an astonishingly low standard of 'Human Rights Act bashing' by those critics who should really know better.Secondly, contrary to ill-informed opinion, the European Court of Human Rights very rarely rules against the UK. In fact, the court only rules against the UK in 1.35% of…
  • Join the debate

    26 Sep 2014 | 3:10 am
    My small contribution this week to the liveliest place of family law debate around, i.e. Marilyn Stowe’s Family Law & Divorce Blog, includes:T (Children): A different type of case - A look at the recently-reported case of T (Children).LASPO and litigants in person - Looking in a little more detail at the Bar Council report assessing the impact of LASPO.Important cases: D v D - A look at D v D, one of a series of cases that transformed the way the courts viewed shared residence.New relationships and divorce settlements - In which I consider Mr Justice Mostyn's comments in AB v CB.Have a…
  • Yeah, right...

    24 Sep 2014 | 10:25 am
    Simon Hughes: We want the best family justice - Ministry of Justice, 24th September 2014
  • Purring

    24 Sep 2014 | 2:07 am
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    Toronto Family Lawyer Blog

  • Vesting Order: Newton v Newton, 2014 ONSC 2757, 240 ACWS (3d) 689

    Andrew Feldstein
    27 Sep 2014 | 7:37 am
    Newton v Newton, 2014 ONSC 2757, 240 ACWS (3d) 689 This case addresses the issue of when it may be appropriate to make a vesting order. Background The parties were married on February 15, 1992 and separated on February 5, 2008.  At the date of separation, the parties resided in a home worth approximately $90,000 that was subject to a mortgage in the amount of $28,353.15.  The husband remained in the home when the parties separated and has since that date paid off the mortgage and paid all taxes, insurance and utilities associated with said home. The wife has failed to make financial…
  • Pustai v Pustai, 2014 ONCA 422

    Andrew Feldstein
    19 Sep 2014 | 11:44 am
    This case addresses the issue of variation of support and the notion that an order of the court is final subject to section 17 of the Divorce Act. Background The parties were married on August 25, 1989 and had four children together.  The parties separated on March 31, 2001 after 11.5 years of marriage.  At the time of separation, the Appellant was 38 years old and the Respondent was 36 years old. The parties had entered into Minutes of Settlement, dated January 16, 2009, some of which were incorporated into a Consent Order, dated February 21, 2008.  The order provided that the husband…
  • Refraining Orders and the Family Responsibility Office (FRO)

    Andrew Feldstein
    12 Sep 2014 | 7:17 am
    Ontario (Director, Family Responsibility Office) v Korakianitis, 2014 ONSC 2369 This case addresses the issue refraining orders and the Family Responsibility Office (FRO).  In particular, this case dismisses the concept “too big to fail” and addresses enforcement tools used by the FRO. Background In 2008, the father was ordered to pay child support of $10,112 per month and spousal support of $8,800 per month flowing from the Order of Justice Quigley dated October 15, 2008.  The Order Arrears for this support total in excess of $2 million.  As such, the Family Responsibility Office has…
  • Exclusive Possession Of A Matrimonial Home Outside of Ontario

    Andrew Feldstein
    5 Sep 2014 | 1:48 pm
    Potter v Boston, 2014 ONSC 2361, 239 ACWS (3d) 286 This case addresses the issue of the matrimonial home and whether exclusive possession of the home if situated outside of Ontario can be granted under section 24 of the Family Law Act. Background The parties in this matter were married in 1982 and separated 26 or 28.5 years later.  There was one child of the marriage, namely Lexi.  The parties purchased a condominium in Florida and title to the property was registered in the husband’s name alone.  The parties’ primary residence was in Stoufville, Ontario, which the wife claimed was the…
  • Variation of Interim Custody Pending Trial Due To Parental Alienation

    Andrew Feldstein
    1 Sep 2014 | 10:20 am
    Violante v Beun, [2014] WDFL 2907, 241 ACWS (3d) 161 This case addresses the issue of a variation of interim custody on the eve of trial due to a parent’s significant alienating behaviour. Background This case involves the issues of custody and access.  In particular, the father brought a motion to change temporary custody of the child of the marriage.  The parenting capacity assessor reported significant alienating behaviour by the mother.  As such, the parenting capacity assessor recommended an immediate change in custody.  The father launched this motion to change temporary custody…
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    Illinois Divorce Lawyer Blog

  • 25 Sep 2014 | 11:10 am

    25 Sep 2014 | 11:10 am
    Law Office of Michael F. Roe's Illinois Divorce Law Blog has once again, for 2014, been named a "Top 50 Divorce Law Blog" by Criminal Justice Degrees Schools, which annually analyzes and rates professional blogs. My approach to the blog is to inform my clients and readers of the blog, to educate other professionals in the field, and to illuminate important issues in divorce and custody. Some of these important issues include issues that arise in complex custody cases, cases with high conflict issues, and critical issues in some cases, like Parental Alienation or new legislation that affects…
  • Kane County Divorce Lawyer: Managing Children in the Early Stages of Divorce

    25 Sep 2014 | 6:04 am
    I had a conversation today with one of my new clients about how to manage the emotions of the minor children during the initial stages of the divorce. An article from Dennis Ortman is helpful and I have cited it below. I do feel that along with parents learning how to manage the worries and questions from minor children in the first weeks of a divorce, parents can truly benefit from reaching out to support groups for children through local churches, or accessing a therapist that works with children in divorce. Divorce can be an emotionally and psychologically difficult process for adults,…
  • Notes from Forensic Forum: Parental Alienation

    23 Sep 2014 | 9:33 pm
    Notes from last week's Forensic Forum in Chicago: A most excellent program; cutting edge information and illuminating insights into managing PA cases. Dr. Warshak captured in two hours the important clinical and legal management issues with PA cases. Judge Michele Lowrance made an important observation: many "targeted" parents act out in court; they cry, are angry, and show disappointment with the court. The alienating parent learns to be charming and composed. The result: the targeted parent gets reprimanded by the court, empowers the alienator, and fuels the PA fires further. Good…
  • High Value Marital Estates: Dividing Artwork

    21 Sep 2014 | 8:04 pm
    My practice centers on high conflict divorces and complex child custody cases. In a number of my divorce and custody cases, there was also a high value marital estate that had to be valued and allocated, including marriages with business interests, stock options, and valuable investments and works of art. With my JD/MBA training and years of experience in financial issues, I am most comfortable with all property valuation and division issues in divorce cases. The WSJ highlights today the difficulties with allocating art in various jurisdictions ( Illinois law does not apply herein ). Daniel…
  • Kane County Divorce: Co-Parenting Strategies

    7 Aug 2014 | 3:10 pm
    In my practice there are many cases where a co-parenting outcome is not appropriate. Behavioral issues, parenting deficits, or mental health issues require that the fit and healthy parent be awarded the primary custody of the minor children, for the children's own developmental wellbeing. However, in some cases a co-parenting or shared parenting model is appropriate, and I have developed, in consultation with some excellent clinical co-parenting models, some very beneficial shared parenting agreements for parents. From tiem to time, articles come along that discuss strategies for shared…
 
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    Maryland Family Law

  • Change in domestic violence standards

    Heather Sunderman
    1 Oct 2014 | 12:06 am
    October 1st, a new law goes into effect changing the standard for domestic violence protective orders.  The new standard is "preponderance of the evidence," which will make it easier for a petitioner to get a protective order.
  • What is an expert witness?

    Heather Sunderman
    29 Sep 2014 | 1:38 pm
    Does your case require an expert witness? If you need to prove an element of your case that requires specialized knowledge, you may need an expert witness. A classic example is a doctor. Under the rules of evidence, you cannot simply testify that you have a disease, like cancer. You only actually "know" you have cancer because a doctor has told you. You would need to have a doctor testify as an expert witness to accomplish that. The doctor, of course, is entitled to charge for his or her time. Between reviewing files, depositions and trial time, expert…
  • Facebook service of process has come to the United States....

    Heather Sunderman
    22 Sep 2014 | 1:45 pm
    Slate reported about the first time in the United States that service of process (ie, getting served) was allowed via Facebook. You may recall that I wrote about Facebook this is not likely to occur in Maryland.....six years later, maybe things are changing! Read my original analysis here.
  • Why Mediation?

    Heather Sunderman
    16 Sep 2014 | 9:51 am
    You may have seen the news that Mark Sanford and his wife are attending mediation to help resolve their marital issues. Why choose mediation? For many couples, it can be a more humane, empowering and lower cost way to resolve their differences. That is not to say that mediation is cheap, particularly since it can take multiple sessions, but is far less expensive than a fully-litigated divorce and custody matter.   Mediators have different styles; some will make suggestions for your situation, and others are more passive, allowing the spouses to drive the…
  • Mirsky Policastri LLC at the Power Conference

    Heather Sunderman
    2 Sep 2014 | 12:25 pm
    Thanks to all who stopped by our table! 
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    New Hampshire Family Law Blog

  • 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…
  • Norberg v. Norberg: Alimony Cannot Be Waived By Agreement

    Kysa Crusco
    16 Jul 2014 | 8:32 pm
    When negotiating a settlement, it is important to keep in mind that New Hampshire law does not allow parties to waive future alimony. The 1994 case of Norberg v. Norberg is controlling. It explains that although property division is not modifiable, alimony is an entirely different matter. Even if the parties enter into an agreement that expressly waives their right to seek alimony, the court retains the authority to revise its orders under RSA 458:14.  How this factors into settlement negotiations will depend on the facts of your case. First, whether you go to trial or…
  • In Re Lyon: Extension or Renewal of Alimony to be Made as Justice Requires

    Kysa Crusco
    9 Jul 2014 | 9:49 pm
    On May 30, 2014, the New Hampshire Supreme Court issued an opinion In the Matter of Lyon. This decision clarifies the standard to be applied in requests to extend or renew alimony.  The Facts Husband and Wife divorced in May 2007. They entered into a permanent stipulation that was incorporated into their divorce decree that required Husband to pay to Wife $3,000 per month in alimony from January 1, 2007, through June 30, 2007, and $5,000 in monthly alimony from July 1, 2007, through June 30, 2012, “or until the death of either party, whichever first occurs.” A month before…
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    Dads Divorce and Fathers Rights Blog

  • Order of Protection Ended - Can He Go Back to His House?

    29 Sep 2014 | 5:00 pm
    Question: I had a stay-away order of protection brought against me by my wife. After six months, the case was resolved and the order was re-modified by the courts to a no-harassment order.  My wife still refuses to let me inside the house even though we both own it. What can I do?  
  • Removed from Spouse: Is He Officially Divorced Yet, and Can He Get Custody?

    27 Sep 2014 | 5:00 pm
    Question: I started proceedings for my divorce a couple of years ago, but I’m not sure whether it is was officially completed. How do I check? If I want to go about seeking full custody of my children, what are the steps I need to take to start the process?  
  • Custody Rights If Given to Mother-in-Law

    25 Sep 2014 | 5:00 pm
    Question: If we give full custody to my wife’s mother and we happen to divorce, can my mother-in-law give fully custody back to my wife or make me pay all of the child support?  
  • Truck Driver, Unpredictable Schedule & Parenting Time with Son

    23 Sep 2014 | 5:00 pm
    Question: I am a truck driver and am divorced with a son. In the court agreement, it said that I could see him every other weekend. However, because of my changing work schedule, I am not always in town on weekends. Verbally, my ex and I had agreed that we could make up our own schedule to allow for some evenings and other time where I could watch my son. However, now, she is just keeping him from me, doesn’t tell me anything about his activities or health and listens in when we talk on the phone together. What can I do in this situation?
  • Cordell & Cordell Reviews

    23 Sep 2014 | 1:03 am
    PleasedClient.com offers even more Cordell & Cordell reviews. DadsDivorce.com is possible through the generous sponsorship of Cordell & Cordell, a nationwide domestic litigation firm that focuses on representing men in divorce. Since its founding in 1990, Cordell & Cordell has helped tens of thousands of men facing one of life's most difficult challenges. Below is just a sampling of positive Cordell & Cordell reviews from previous and current clients. This testimonial or endorsement does not constitute a guarantee, warranty or prediction regarding the outcome of your legal…
 
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    Alabama Divorce & Family Law Attorney Blog

  • Children of High-Income Families May Be Hit Harder By Divorce

    Steven Eversole
    29 Sep 2014 | 8:56 am
    The financial status of a family at the time of divorce can create very different challenges. Low-income families may struggle with the transition of dividing a family income. Wealthier families will also have to shift their standards of living. While it may seem that low-income families have a harder time with divorce, a new study suggests that children of wealthier families suffer more behavioral problems in the event of divorce. According to a Times Magazine report on a study published in Child Development, children may suffer disparate impact, depending on their family income, their age,…
  • 96-Year-Old Woman Marries, Lawsuit Filed Over Legitimacy and Estate

    Steven Eversole
    26 Sep 2014 | 8:53 am
    While you may fall in love at any age, getting married at some ages can raise legal questions. Those who are under 18 are unable to get married without parental permission. A recent case involving the marriage of a 96-year-old woman raises questions about the age of consent for older adults. According to the Associated Press, a legal dispute has arisen between the 96-year-old woman’s daughter and sister who took their mother to marry her 95-year-old husband. According to the attorney on behalf of the daughter, the woman had been declared legally incapacitated and that the other sister’s…
  • Amicable vs. Messy Divorce? For Children, it May Not Matter

    Steven Eversole
    21 Sep 2014 | 8:49 am
    Psychologists, family counselors, judges, and many lawyers will often discuss the benefits of an amicable divorce. Collaborative divorce is a growing area of family law allowing divorcing couples to negotiate their settlement and come to lasting agreements without going to court. While the trend towards amicable divorce (even “conscious uncoupling” in the case of Gwyneth Paltrow) is gaining traction,  a new study suggests that “amicable” divorces are just as damaging for children as those that are considered “messy.” This could undermine evidence and even government reports that…
  • Rumpel v. Skaggs: Issues that Arise when One Spouse Owns a Share of a Business

    Steven Eversole
    18 Sep 2014 | 8:32 am
    Our Birmingham divorce lawyers understand that when one spouse owns a business with other people, there may be significant litigation required to value the marital assets. Rumpel v. Skaggs, a case from the Supreme Court of Kentucky, involved a husband and wife who were married in 1994.  At the time of the wedding, the husband (“Plaintiff”) was working as a police officer.  Plaintiff retired from the police two years later with a full pension. After retirement, Plaintiff, along with a business partner, formed a corporation to purchase several acres of land.  The land was a strip mall. …
  • Balogh v. Balogh: Prenuptial vs Postnuptial agreements

    Steven Eversole
    15 Sep 2014 | 8:31 am
    In Balogh v. Balogh, an appeal argued before the Supreme Court of Hawaii, the parties were married in 1981.  At the time of the wedding, the wife owned two properties in New Jersey.  She sold one of the properties in 1992 for just less than $90,000.  The other property was a vacant lot that she had purchased for just under $30,000. The husband, at the time of the marriage, owned a piece of property that he soon sold for $40,000.  According to the husband’s testimony, the couple built a home on the wife’s vacant lot.  Both husband and wife were highly educated. During the marriage,…
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    Domestic Diversions

  • Who has the power to change your life?

    David C. Sarnacki
    15 Sep 2014 | 9:50 am
    CNN celebrated Positive Thinking Day (September 13th) by offering “five expert tips to help you think yourself well.” The point is to take responsibility for your happiness and to do something. Sara Cheshire included these tips (excerpt): Be aware of your automatic reactions Catch and reframe your thoughts Don’t believe everything your mind tells you Let go of fear Find [...]
  • Top tips for conscientious conscious capital uncoupling

    David C. Sarnacki
    8 Sep 2014 | 2:30 pm
    The Wall Street Journal focuses divorcing couples on financial planning for “getting unmarried.” Veronica Dagher offers and discusses these tips (excerpt): 1. Know What You Own and Make Copies. . . . 2. Save and Budget. . . . 3. Watch and Establish Credit. . . . 4. Watch the Timing. . . . 5. Consider Selling the Family Home. . [...]
  • Who do professionals recommend as one of the best divorce lawyers and divorce lawyers in Grand Rapids?

    David C. Sarnacki
    18 Aug 2014 | 4:36 am
    Best Lawyers in America announced that once again, David Sarnacki was selected by judges and lawyers as one of The Best Lawyers in America. He was honored in three practice areas relating to divorce litigation and divorce mediation: 1. Collaborative Law: Family Law. 2. Family Law. 3. Family Law Mediation.
  • Changing minds: Listen, show you understand the other person’s side, ask to see your side, suggest another outcome

    David C. Sarnacki
    17 Aug 2014 | 7:18 am
    Real Simple suggests how to go about changing someone’s mind. Amy Spencer writes (excerpt): The essential rule when trying to convert someone is: Don’t — at least, not at first. “Just listen,” says Dennis Ross [author of "The Missing Peace"] . . . . . . . After listening, show that you get it. *** Next, nudge the other [...]
  • Top 5 admissions: Are you trying to kill your children?

    David C. Sarnacki
    20 Jul 2014 | 5:52 am
    CNN’s Kelly Wallace shows how many otherwise good parents admit to choices that put their kids at risk of serious injury and death.
 
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    Pennsylvania Family Law

  • DAD’S SELF-IMPOSED CUSTODY “TAX” IS ENFORCEABLE

    Aaron Weems
    28 Sep 2014 | 12:51 pm
    It is well established in Pennsylvania that it is against public policy to allow parents to bargain away child support for their children, but what about “taxing” themselves whenever they file a custody action? That is essentially the question raised in the Huss v. Weaver case before the Pennsylvania Superior Court. The Superior Court ruled in favor of the enforceability of a $10,000.00 payment due to the mother each time the father filed a custody modification action. It is pointed out in an article written by Gina Passarella of the “The Legal Intelligencer” (registration required)…
  • IS COLLEGE PLANNING A CONTRADICTION IN TERMS

    Mark Ashton
    23 Sep 2014 | 9:34 am
    Today began with a meeting with co-counsel and clients to follow through on matters we had resolved by agreement reached earlier in the summer.  The parties have two children, one of whom is heading into the age of college search.  Our agreements contain some reasonably clear provisions about continuous enrollment, consultation with parents and suitable grade point average.  But today’s subject ventured into the field of funding for college. The landscape of college planning has become very foggy in recent years.  The conventional wisdom was to start early and make regular contributions…
  • A HOUSING TAKE VIEWED FROM ONE STREET

    Mark Ashton
    3 Sep 2014 | 8:24 am
    We periodically report on macro trends in housing prices because our clients typically have a lot of their wealth invested in their homes.  And each time we have a case, one of the questions that comes about is:  Stay or go? We recently happened upon some data that gives us insight into home values measured over roughly 20 years.  In the early 1990s Toll Brothers began to build luxury homes in central Chester County, about 30 miles Northwest of central Philadelphia and accessible to the city both by train and turnpike.  These were big homes ranging in size from 3100-6300 square feet on…
  • N.J. CIVIL UNION DISSOLVED BY PENNSYLVANIA COURT

    Aaron Weems
    3 Sep 2014 | 7:52 am
    This week I obtained a Divorce Decree on behalf of a same-sex spouse in Montgomery County.  What makes this Decree interesting and worth noting is that I believe it to be one of the first examples of a Pennsylvania court exercising full faith and credit to dissolve an out-of-state civil union under the Divorce Code, rather than a marriage. The parties in this case have been separated for over three years and neither sought any economic damages from the other. After their civil union in New Jersey (which they obtained prior to New Jersey legalizing same-sex marriage), the couple found…
  • DON’T TRY TO AVOID COURT THROUGH A POWER OF ATTORNEY

    Aaron Weems
    30 Aug 2014 | 8:23 pm
    My colleague and long-suffering Mets fan, Robert Epstein, in our Roseland office wrote a blog post in July about an interesting New Jersey case. A litigant to a divorce case tried to have his daughter appear in court on his behalf through an executed Power of Attorney. It is a very interesting attempt at circumventing the Court’s requirement that litigants appear in court. As Bob points out, there are a host of issues which are impacted by using an appointed “attorney-in-fact” in a divorce case: the certification of discovery; being subject to cross-examination, and; lack of…
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    Family Law Guy

  • "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.    
  • Child Custody And Religion (Again): What Should Happen When One Parent Converts?

    15 Aug 2014 | 3:48 pm
    We've got another child custody and religion case from New York, about, at least ostensibly,  what should happen when one parent, but not the other, decides to "change horses mid-stream" in terms of the child's religious upbringing.   A closer reading of the facts suggests that other facts played a much greater role in the decision than the religion issue did, and that the judge may have used
  • Grandparent Custodial Rights

    12 Aug 2014 | 1:38 pm
        Interesting read regarding grandparent rights.  The Court of Appeals upheld a Dependency Court order granting a grandmother visitation rights.  It’s a case right here in Los Angeles County involving DCFS.  http://www.metnews.com/articles/2014/visitation080814.htmGrandparent rights come up relatively regularly, but I don't believe that this case will necessarily significantly broaden the law
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    Rochester Family Lawyer

  • 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…
  • Standard of Living, Diminished Income, Spousal Maintenance and Child Support

    alexkorotkin
    5 Jul 2014 | 6:31 pm
    The courts in New York have had some difficulty dealing with situations were a claim of recently diminished income has been presented to the court in response to a temporary spousal support application. In most situations, the courts would either impute income or deny downward modification. The courts have been concerned with the parties’ standard of living for the non-monied spouse and the children despite  the claims of the income-producing spouse of diminished resources and/or income. One trial decision, S.A. v. L.A., 2 Misc.3d 7441 (Sup. Ct. Westchester Co.), illustrates the…
  • Updates to New York’s Child Support Standards Chart

    alexkorotkin
    3 May 2014 | 2:19 pm
    According to the Child Support Standards Chart, prepared by New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement, and released March 12, 2014, the 2014 poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services is $11,670 and the 2014 self-support reserve is $15,755. These numbers are highly relevant for child support calculations and may have a role in determining child support arrears in situations where payor’s income is less than the guideline amount for a single person.
  • Surrogacy and Adoption

    alexkorotkin
    3 May 2014 | 1:38 pm
    One area where New York still lags behind other states has to do with surrogacy contracts. New York does not recognize surrogacy contracts statutorily since it deems the underlying surrogacy contracts to be against public policy, and they are void and unenforceable in New York. See N.Y. Dom. Rel. L. § 122. However, what happens to a child born as a result of such contract? In a recent decision, Matter of J.J., 2014 N.Y. Slip. Op. 24089 (Fam. Ct. Queens Co. 2014), New York Family Court held that a child born as a result of a surrogacy contract can be adopted in the State of New York,…
 
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    Fort Lauderdale Divorce Lawyer Blog

  • Mother and Child Reunion Put on Hold After Court Decides to Hear More Evidence Regarding Best Interest of Child

    24 Sep 2014 | 1:32 pm
    Child custody court cases involve many elements. One vital aspect is determining what is in the best interest of the child, an issue that many parents might feel capable addressing on their own. However, family law cases are still civil litigation matters, in many cases complete with multiple procedural layers. In one recent case, a trial court's decision to grant a grandmother's custody-related motion survived because, according to the 5th District Court of Appeal, the motion complied with the rules of procedure, so the trial court was within proper bounds to hear it and rule on it. The case…
  • Marital Settlement Agreements, Child Support, and College Students

    17 Sep 2014 | 12:15 pm
    For many students who go from high school directly to full-time college attendance, continued financial dependence on their parents is an economic reality. Realizing this, many divorcing parents address what happens to child support in the event that a child goes to college. Understanding exactly what your marital settlement agreement says on this issue is extremely important, since even seemingly minor variations in the agreement's language can yield substantially different results. In one recent 4th District Court of Appeal case, the court terminated a father's child support for a child who…
  • Alimony That Requires Wife to Dip into Assets to Pay Monthly Expenses is Too Low, Appeals Court Says

    10 Sep 2014 | 10:06 am
    Alimony can serve as an important lifeline, especially for divorcing spouses who subsist on fixed incomes. A recent 5th District Court of Appeal ruling highlights the basic concept of alimony law in Florida, saying that alimony must be large enough to allow the recipient spouse to meet her living expenses without having to spend her assets just to pay her monthly bills. In the 5th DCA's recent decision, it sent a divorce case back to the trial court after deciding that the alimony imposed on the husband would not be enough to meet the wife's monthly expenses. The divorce in question regarded…
  • Appeals Court Clarifies Standard for Parental Abandonment Finding, Revives Grandparents' Adoption Petition

    3 Sep 2014 | 10:14 am
    A recent 4th District Court of Appeal ruling clarified the proper factors for determining if a parent has sufficiently abandoned his child to allow the courts to terminate his parental rights and gave a pair of grandparents' effort to adopt their grandchild new life. The appeals court's ruling explained that, in order to terminate a parent's legal rights to his child, the law requires proof that the parent showed an intent to reject his parental obligations, but it does not necessarily require evidence that the parent willfully disregarded the child's safety. Sultan Shakir fathered a child in…
  • Court OKs $100 Bond for Injunction that Froze $3 Million in Assets

    26 Aug 2014 | 11:04 am
    A wife successfully managed to obtain a freeze of $3 million of her husband's assets while posting an injunction bond of only $100. The 3d District Court of Appeal upheld this low bond because Florida's courts were in the position only of enforcing an order in an underlying divorce case situated in Argentina, which meant that the Florida courts should defer to the Argentinian rule, which disfavors imposing bonds on the economically weaker spouse in a divorce. Carolina Maneiro filed for divorce from her husband, Jorge Cermesoni, in Buenos Aires, Argentina in 2011. Both were Argentinian…
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    Ohio Family Law Blog

  • Divorce During Pendency: Living Separately or Living Together?

    Anne Shale
    26 Sep 2014 | 11:04 pm
    Should Couples Live Separately Or Together Through A Divorce Or Dissolution? – List Of Factors Crucial In Each Case The parties agree the marriage is not working; the decision is made by one of the parties to initiate a divorce proceeding.  Do the parties live separately or together during the pendency of a divorce?  There are many factors to be considered: Finances:  If there is adequate income available to cover the living expenses of two (2) households, it is probably easier and less emotionally draining to live separate and apart while the divorce is taking place.  This…
  • Beta Marriage Concept – A Trial Union for 2 Years?

    Robert L. Mues
    20 Sep 2014 | 12:43 am
    Can Beta Marriage Avoid A Complicated Divorce? Time magazine recently published an article discussing the concept of a “beta marriage” and millennials.  For those unfamiliar with the word “Beta” let me explain.  In the tech world, the word “beta” is often affiliated with a trial period, in other words, it’s something that’s tested before it’s released or finalized.  For example, when a video game company is nearing the release of a new video game, they’ll often release a “beta version” to a select few individuals.  This version is played and enjoyed as if…
  • Divorce Assets In Ohio – Survivorship Benefits For Spouse

    Joseph E. Balmer
    13 Sep 2014 | 12:53 am
    What Happens in Ohio if a Divorcee Dies Before Transferring Property or Assets as Divorce Court Ordered? How Assets are to be Divided After the Passing of a Spouse During the Divorce Decree The question was recently  posed to me as to what happens if, after a valid and enforceable Decree of Divorce, Dissolution or Legal Separation is filed, one of the spouses or ex-spouses dies before the division of assets can be fully completed.  Does the ex-spouse or spouse still retain an interest in an asset that has been released by the Court Order?  Two possible scenarios may arise, and each will be…
  • Military Divorce Rate Climbs – Are Multiple Deployments at Fault?

    Robert L. Mues
    6 Sep 2014 | 12:28 am
    Recent Study Reveals Increased Length In Deployments Will Increase The Risk Of Military Divorce A recent study conducted by the RAND Corporation with the Department of Defense sponsorship found that increased length in deployments will increase the risk of divorce.  The study goes into detail regarding marriages originating prior to and after the September 11, 2001, attacks.  The study found that couples who married prior to the attacks and had one of the spouses deployed to Iraq or Afghanistan were over 20% more likely to divorce than couples who married after the September 11 attacks.
  • An Interview with Michael Newsom, Fatherhood Coordinator for the Montgomery County Child Support Enforcement Agency

    Anne Shale
    30 Aug 2014 | 12:15 am
    Let us first look at some important statistics published by the National Fatherhood Initiative. The Effects of Father Absence in the Home of Minor Children: Children of Father-Absent homes are: Five times more likely to live in poverty. Three times more likely to fail in school. Two times more likely to develop emotional or behavioral problems. Two times more likely to abuse drugs. Two times more likely to be abused and neglected. Two times more likely to become involved in crime. Three times more likely to commit suicide. Compare the facts with children having Father’s involved in their…
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    NJ Family Legal Blog

  • NEW JERSEY ALIMONY REFORM IS HERE – WHAT DOES IT ALL MEAN?

    Robert A. Epstein
    16 Sep 2014 | 1:52 pm
    Change is finally here – On September 10, 2014, Governor Chris Christie signed into law substantial and significant amendments to New Jersey’s alimony law.  The law took immediate effect on that date.  I previously blogged about the now effective changes after the legislature passed the bill during the Summer, and we have prepared an Alert on the final bill that you can read here. Stay tuned for blog posts that more specifically address the changes to the alimony law regarding the duration of alimony, retirement, cohabitation, loss of income and more.
  • NEW JERSEY PASSES “FAMILY COLLABORATIVE LAW ACT”

    Robert A. Epstein
    15 Sep 2014 | 6:34 am
    Overshadowed by New Jersey’s enactment of alimony reform, on which we have previously blogged and will shortly provide an update, on September 10, 2014 Governor Christie also signed into law the New Jersey Family Collaborative Law Act.  Collaborative Law is a form of alternative dispute resolution where, as described by the law, an attorney is retained “for the limited purpose of assisting his client in resolving family disputes in a voluntary, non-adversarial manner, without court intervention.”  In other words, the goal and stated intent by both parties is to resolve…
  • WEALTH IN DIVORCE AND ITS IMPACT ON CHILDREN

    Robert A. Epstein
    10 Sep 2014 | 7:03 am
    An article today on Time’s website discussed the findings of a study comparing the behavioral trends of children of divorce from wealthy and lower income families.   The study, which was conducted by researchers at Georgetown University and the University of Chicago, divided a sample of approximately 4,000 children into three groups by income.  Interestingly, the study also analyzed at what age children are most prone to behavioral issues following divorce. The report ultimately concluded that children of divorce from higher-income families exhibit greater behavioral issues than those…
  • DIVORCE HOTEL – PARADISE OR PARADISE LOST?

    Robert A. Epstein
    8 Sep 2014 | 5:44 am
    Some concepts never cease to amaze, especially when reality television is involved.  Promising an idyllic setting for a “quickie” divorce, the Gideon Putnam Resort in Saratoga Springs, New York, is welcoming couples who want to end their marriage while surrounded by golf courses, swimming pools, hiking trails and spa treatments.  While one can appreciate the calming influence that such an environment may have on an otherwise potentially emotional and stressful situation, I am not quite sure how playing a round of 18 holes is going to help. The way it works is as follows –…
  • THE RIGHT MEDIATOR – CHOOSE, BUT CHOOSE WISELY

    Robert A. Epstein
    8 Sep 2014 | 5:43 am
    Almost every client that walks through my door wants to know how quickly his or her divorce will last and how much it is going to cost.  The best answer that I can generally give is, “it depends.”  It depends on you and your spouse, it depends on the other lawyer, it depends on the facts and legal issues, it depends on the judge, it depends on the county.  So many factors come into play that there really is no definitive answer.  In connection with that inquiry, clients want to know about mediation, usually because he or she has heard that it is a cheaper and quicker way…
 
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    Lewis Kannegieter Law, Ltd. » » Blog

  • Preparing Your Business For The Unexpected In Minnesota

    JRLK
    22 Sep 2014 | 8:00 am
    For many small business owners in Minnesota, typical business planning centers on where you are now and how to ensure growth in the future. What often goes overlooked, however, is how to properly protect your business after you are gone. Sure, you may have thought about who will take over in the event of retirement, but have you thought about what would happen if you became incapacitated or unexpectedly pass away? For many people, their business is their greatest asset. Certainly you want the peace of mind knowing your business will stay protected and produce income to support your family if…
  • Child Support in Minnesota

    JRLK
    8 Sep 2014 | 8:00 am
    In 2006, the Minnesota state legislature approved a drastic overhaul of the state’s child support guidelines based on an “income shares” model. (See Minn. Stat. 518A) The new child support guidelines were to be used for all new cases filed after January 1st, 2007, limited modifications in 2007, and for all cases after January 1st, 2008. Whereas the old system used a fixed percentage of the obligor’s net income based on the number of kids (25% for 1, 30% for 2), the new law is a bit more complex and considers several different factors. The new law also looks at three distinct…
  • But My Child Wants To Live With Me

    JRLK
    4 Aug 2014 | 8:00 am
    After a divorce is final and the custody arrangements are made, a child may find himself unhappy and wish to move in with the noncustodial parent. Of course, the noncustodial parent may be sympathetic to the child’s wishes and move for a change in custody. However, there are several hurdles that the moving parent must overcome in order to be successful in this motion. The child’s wishes alone will not be enough for the court to grant the change. First, in an affidavit, the parent must relate facts that if true, would be sufficient to warrant a modification of custody. Custody may be…
  • Divorce and Retirement Assets

    JRLK
    14 Jul 2014 | 8:00 am
    In a divorce, marital property is divided between the spouses. Marital property includes all things that have been accumulated during the marriage, including real estate, vehicles, savings accounts, and retirement assets. Retirement assets can often be overlooked. In order to reach an equitable division of property, it is important to understand what assets are available, what the value of these assets are, and what makes the most sense in dividing these assets. There are many different types of retirement assets. Some, such as IRAs and 401(k)s are easy to determine the true value just by…
  • How To Get Through Probate Faster and With Less Hassles In Minnesota

    JRLK
    23 Jun 2014 | 8:00 am
    Minnesota attorneys are well aware of the hassles and headaches which families face when a loved one’s estate goes into probate. The process can drag out, eating up not just time but also resources that would have otherwise gone to beneficiaries. Appointed personal representatives find themselves with burdensome responsibilities which can compound their grief. In order to navigate the process as quickly and smoothly as possible, we recommend you keep the following in mind: Probate Tip #1: Work With An Experienced Attorney It may be tempting to navigate probate in Minnesota alone, but a good…
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    Colorado Springs Divorce Attorney Blog

  • Divorce – Child Support In Colorado

    Gasper Law Group
    24 Sep 2014 | 7:10 am
    By Jennifer L. Hochstein Attorney At Law The Gasper Law Group, PLLC CHILD SUPPORT The basic determination of child support is based upon a guideline which uses the parents’ combined adjusted gross income. The purpose of looking at the parents’ combined gross income is to determine how funds would have been allocated to the children if the parents and children were living in an intact household. In addition to looking at the parents’ gross income there are other considerations that can be included on the child support worksheet which ultimately affect the child support award. The biggest…
  • Time flies when you’re getting divorced: how long will your divorce actually take?

    Gasper Law Group
    19 Jun 2014 | 9:16 am
    By Brandon A. Prenger, Attorney The Gasper Law Group, PLLC One of the most commonly asked questions concerning a divorce is “how soon can I be divorced?” Everyone has heard the horror stories of a divorce that drags out for years. Even so, most people expect it to be a matter of weeks after the papers are filed before they are free, single and ready to mingle. Who decides how long a divorce takes? Is there anything you can do to help speed the process up? What are the factors that govern how soon a divorce is over? First and foremost, there is a statutory waiting period. If the parties…
  • MEDIATION – WHAT YOU NEED TO KNOW

    Gasper Law Group
    13 Jun 2014 | 6:28 am
    By Jennifer L. Hochstein, Attorney The Gasper Law Group, PLLC What is the purpose of mediation? During the process of a divorce proceeding or allocation of parental responsibilities parties are required to participate in mediation prior to attending a contested final orders hearing. Parties may also be required to mediate due to post decree issues, such as a modification of parenting time or if a contempt is filed. Some parties may agree at the time of their divorce that any future issues must be mediated first prior to either party filing a Motion with the Court. There are few exceptions to…
  • Fraud To The Essence Of Marriage – Annulment?

    Gasper Law Group
    27 May 2014 | 1:15 pm
    By Amanda C. Musselwhite, Attorney The Gasper Law Group, PLLC You had the perfect wedding with the perfect rings! You were busy planning your house in the suburbs with your 2.5 kids, your cat, and your dog. Suddenly, you realized your prince was really a frog or your princess was really an ogre! You discovered things so unexpected about your new spouse that you would not have married them had you known prior to tying the knot. Is there a way to get unmarried? In Colorado, you can file a petition for invalidity of marriage to undo your vows of matrimony. However, there are only a few grounds…
  • Parental Kidnapping

    Gasper Law Group
    23 May 2014 | 11:29 am
    By Carrie E. Kelly, Managing Attorney The Gasper Law Group, PLLC Although child abduction is not a common occurrence under any circumstances, the most common kind of child abduction is parental kidnapping. Parental kidnapping is when a child is taken by a parent in violation of an existing custody order. If there are no court orders in place and there are no court cases such as divorce, allocation of parental responsibilities or paternity pending, it is not kidnapping to remove a child from the state. Where there is an order setting forth custody or parenting time and the children are removed…
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    Pink Tape

  • Who to follow : The Precedent or the President?

    Lucy Reed
    26 Sep 2014 | 2:59 am
    We’ve been talking about transparency in judgments over on the Transparency Project recently. And over on DBFamilyLaw others have been musing about the doctrine of precedent. It’s interesting to be reminded of the basics of the Doctrine of Precedent – because in day to day life at the sharp end of the bar (I don’t spend a great deal of time in the Court of Appeal or Supreme Court you see) you could be forgiven for thinking it is something of an anachronism. In the real world where I live the common currency is the latest View, the latest Practice Direction or…
  • Performing Dog

    Lucy Reed
    16 Sep 2014 | 6:47 am
    I recall now (following my last post) that you all quite like it when I whinge and whine. So here goes, especially for you (as a much younger Kylie would have said). A whine about the law of unintended consequences. Bundles : Bundles now have to be agreed (*maniacal laughter*), prepared and lodged so early they practically need a pre-birth conference. Timetables are now under so much pressure that documents for a particular fixture have to be squeezed in at the 11th hour in order to make that fixture stand. Consequence? The index NEVER contains the most recent documents which are the very…
  • Information Commissioner v Fat Controller

    Lucy Reed
    14 Sep 2014 | 3:12 pm
    This week was a week of altogether too much train travel and Friday took the biscuit. (NB : This is a bit woe is me. I feel much better now…) Care brief (legal aid) for client who needs continuity of counsel. Distant court at out of town location. Ordered to be at court at 8.30am. No. That isn’t a typo. Travelled down the night before to make said 8.30 start, missing a fourth consecutive bedtime with the kids, aware that the Legal Aid Agency are almost certain to reject any claim for train or b&b or the taxi to court (even though it is not possible to get to on foot)…
  • The Children Act : Ian McEwan

    Lucy Reed
    12 Sep 2014 | 2:33 pm
    I wasn’t going to read this book, fearful of the same galling disappointment when Silk (in series 3) started to lose its sense of realism and go off into flights of legal fancy. But then I read Ian McEwan’s piece in the Graun on Saturday about the coming about of the book and decided to trek up to my local bookshop with kids in tow to buy this in anticipation of a long train journey. And here I am less than a week later and I’ve polished it off in two sittings. And I don’t have that sinking feeling I had by the end of Silk Series 3. It was pretty accurate as to law I…
  • Family Law Awards Voting Deadline is Monday!

    Lucy Reed
    3 Sep 2014 | 1:10 pm
    If you have not yet voted for your chosen candidate for the various Jordans Family Law awards you’d better get your skates on – the deadline is midnight on Monday. You can vote here for your choice of Commentator of the year Legal exec / paralegal of the year Support service of the year and the profiles of those shortlisted are here.
 
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    Maryland Divorce Legal Crier

  • Maryland Lowers Proof Required in Domestic Violence Cases

    James J. Gross
    25 Sep 2014 | 1:07 pm
    by Nelson Garcia Effective October 1, 2014, Maryland will become the last state in the nation to relax the burden of proof required for victims of domestic violence to obtain a final court order for protection from domestic violence. Maryland law for many years has required that in order to grant a final protective order a judge must find by “clear and convincing evidence” that the respondent has committed one of several prohibited acts against the petitioner. As of October 1st, Maryland will finally join other states that utilize the “preponderance of the evidence” standard in…
  • Celebrity Divorce News

    James J. Gross
    23 Sep 2014 | 9:05 am
    If you have been “Keeping Up With the Kardashians” on television, you will be interested to know that Kris Jenner filed divorce papers against Bruce Jenner yesterday in Los Angeles Superior Court, citing irreconcilable differences. The couple have been married for 23 years.  It is the third marriage for Bruce and the second for Kris.  They had no prenuptial agreement. The split appears to be amicable and the parties have agreed on joint physical and legal custody of their only child who is still a minor, Kylie Jenner.  Neither is asking for alimony.
  • Doctor Loses License for Failure to Pay Child Support

    James J. Gross
    16 Sep 2014 | 10:41 am
    The Maryland Board of Physicians has suspended the medical license of Rockville eye surgeon, Michael Duplessie, for failure to pay child support. Duplessie, however, has left the country and opened an office in Kuwait. Duplessie owes more than $100,000 in past due child support.  The mother has several judgments against him. The Board says it has used its power to suspend a medical license in only four other cases.
  • Husband Jailed for Hiding Assets in Divorce

    James J. Gross
    11 Sep 2014 | 1:04 pm
    Promising that his wife would not get anything from him in his divorce, including child support, Steven K. Zinnel, 50, of California, filed bankruptcy in 2005.  He also asked the FBI to investigate his wife. That backfired when investigators learned that Zinnel himself was hiding millions of dollars of business and real estate assets in other people’s names. Federal officials said he was a narcissist and accused him of fraud on both the bankruptcy and family courts.  He was sentenced to 17 years and eight months in prison, fined $500,000 and forced to forfeit $2.8 million in assets.
  • Honey Maid Ad Targets Blended Families

    James J. Gross
    9 Sep 2014 | 8:26 am
    Honey Maid, which makes those delicious graham-crackers, is celebrating families that have been reconfigured by divorce. The company’s new advertising campaign is intended to send a message that: “Just because a family has broken up doesn’t mean they are broken.” Gary Osifhin, a marketing director with Honey Maid’s parent company, Mondelez International, points out that one in ten of the 73 million children in America live with a step-parent.  And 42% of American adults are part of a blended family.
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    Fathers' Rights Not Just Every Other Weekend

  • Child Support Collection Scam

    James J. Gross
    10 Sep 2014 | 11:13 am
    Stuart Cole and Mark Simpson set up several businesses including “Child Support Services” to collect child support payments, according to Howard Ain of WRKC in Cincinnati. Their business would come up first in an Internet search.  Many people thought they were a government agency. First they would obtain information about the payor.  Then they would send a letter saying “‘If you would like this to go away you can contact us at the number provided.”  The next letter would say that your driver’s license was suspended.  The next would say an arrest warrant has been…
  • Enforcing Visitation Schedules

    James J. Gross
    4 Sep 2014 | 11:19 am
    If a parent is withholding visitation in Maryland, DC or VA, and there is a custody order in place, we have to file a motion to show cause why that parent should not be held in contempt of court. Many clients have noticed the disparity in the enforcement of child support orders and visitation orders by the courts. Oklahoma has passed a new law that says a parent who denies visitation to a parent who is current on child support can face fines and be held responsible for attorney fees, mediation costs and court costs. There is a court form available at the clerk’s office and a hearing must be…
  • Lottery Intercept

    James J. Gross
    3 Sep 2014 | 11:15 am
    When lottery winners in Arkansas owe child support, they will find that amount deducted from their winnings. Arkansas passed a law in 2009 that requires the lottery to cooperate in identifying debtors who owe child support. The state has collected $26,382 in past due child support.  The Lottery also collects any unpaid state taxes.
  • Gambling Intercept

    James J. Gross
    26 Aug 2014 | 11:56 am
    Since 2011, Louisiana has collected more than $2 million in child support from intercepting the winnings of non-custodial parents at the state’s 19 gambling casinos. Other states with similar laws include Colorado, Mississippi, Illinois, Indiana, Iowa, New Jersey, New Mexico, Ohio and West Virginia.
  • Jobs Over Jail-Time

    James J. Gross
    25 Aug 2014 | 11:33 am
    Clermont County, Ohio, has found a more practical solution than putting parents who can’t pay child support in jail.  It finds them jobs. Ohio was hit hard by the recession.  The jobs program, called Success Through Employment Program or STEP, was started in 2007 with a grant from the Ohio prison system.  It has a 47% placement rate. Once the parents find a job, they are able to help support their children, which makes a lot more sense than putting them in jail.
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    Family Law Source by Brian Vertz

  • Father Reasonably Withheld Support for College Tuition

    Brian Vertz
    14 Sep 2014 | 11:37 am
    Parents who are divorcing in Pennsylvania often express willingness to pay for their children’s college tuition when the time should come.  Some parents even put their commitment in writing. Yet, as this case demonstrates, circumstances may change from the time of the divorce settlement to the time when children matriculate in college, and an effective agreement will anticipate those changes.  The Superior Court of Pennsylvania examined one of those agreements in Mazurek v. Russell, 2014 PA Super 130 (June 24, 2014). In 2010, Mother and Father executed a marital settlement agreement, in…
  • Child Support Agreement Does not Limit Father’s Obligation

    Brian Vertz
    7 Sep 2014 | 11:41 am
    A recent Pennsylvania Superior Court decision considers: (a) whether a father’s child support obligation is limited by a settlement agreement; and (b) whether the court should assign an earning capacity to a mother who provides full time care for a special needs child. Morgan v. Morgan, 2014 PA Super 176  (Pa.Super.2014) Mother and Father in this case were divorced, and settled their economic claims by written agreement in Maryland in 2003.  The marital settlement agreement contained provisions for alimony and child support, which were fixed until July 1, 2007.  The settlement…
  • College Support Agreement Enforceable in Pennsylvania

    Brian Vertz
    7 Sep 2014 | 11:35 am
    Divorced and separated parents in Pennsylvania with children going off to college may wonder who is responsible for paying the tuition. A recent Superior Court court decision reminds us of the law governing college support in Pennsylvania. W.A.M. v. S.P.C., 2014 PA Super 139 (Pa.Super.2014) When Mother and Father divorced in Missouri in 2001, they settled their claims by written agreement, including a provision for child support. Their child support clause followed the contours of Missouri law, which requires the payment of child support until a child graduates from college or reaches age 22,…
  • Can Grandparents Have Custody if Both Parents are Working?

    Brian Vertz
    31 Aug 2014 | 10:51 am
    Grandparents who are raising their grandchildren in Pennsylvania, while the parents work, might wonder if they have legal custody rights under the law. A recent decision of the Pennsylvania Superior Court (non-precedential) may contain an answer to that question.  In J.L. F.L .and L.L. v. A.A.M., No. 530 MDA 2014 (August 28, 2014), the mother and father resided with father’s parents when their son was born.  Father and Mother became separated, and initially agreed to a week-on, week-off custody arrangement. Mother then moved 4 hours away when her boyfriend’s job was…
  • Reality vs. Paternity: 17 Years is Too Late to Ask for DNA Paternity Test

    Brian Vertz
    22 Aug 2014 | 12:59 pm
    Men who pay child support in Pennsylvania to mothers who were never their wives may wonder whether the children they support are their own. These days, it is easy to administer a home paternity test and quickly learn whether there is a blood relation between the child and the man who is paying support. Yet, it’s a Pandora’s box, and once opened, the consequences might not be as one intended.  That’s what happened in a recent Superior Court decision (unpublished), D.S. v. S.S., No. 2037 WDA 2013 (August 22, 2014)(non-precedential). In D.S., a child was born in 1996 to an…
 
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    Blog entries

  • Order of Protection Ended - Can He Go Back to His House?

    29 Sep 2014 | 4:00 pm
    Question:I had a stay-away order of protection brought against me by my wife. After six months, the case was resolved and the order was re-modified by the courts to a no-harassment order. My wife still refuses to let me inside the Read More...
  • Removed from Spouse: Is He Officially Divorced Yet, and Can He Get Custody?

    27 Sep 2014 | 4:00 pm
    Question:I started proceedings for my divorce a couple of years ago, but I’m not sure whether it is was officially completed.How do I check? If I want to go about seeking full custody of my children, what are the steps I need to take to start theRead More...
  • Custody Rights If Given to Mother-in-Law

    25 Sep 2014 | 4:00 pm
    Question:If we give full custody to my wife’s mother and we happen to divorce, can my mother-in-law give fully custody back to my wife or make me pay all of the child support? Answer:While I am not licensed tRead More...
  • Truck Driver, Unpredictable Schedule & Parenting Time with Son

    23 Sep 2014 | 4:00 pm
    Question:I am a truck driver and am divorced with a son. In the court agreement, it said that I could see him every other weekend. However, because of my changing work schedule, I am not always in town on weekends.Verbally, my ex and I had agreed that we could make up our own schedule to allow foRead More...
  • Back Child Support Requests After Six Years

    22 Sep 2014 | 4:00 pm
    Question:My ex and I have been divorced for six years. Can my ex now ask for back child support from the time when we were separated?During that time, I was assisting with some expenses but did not have an official order.AnswerRead More...
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    Marilyn Stowe Blog

  • One in 5 couples lie about savings

    Stowe Family Law Web Team
    1 Oct 2014 | 11:00 pm
    As many as one in five couples lie to each other about how much money they have, a new study suggests. In a survey of 1,851 people, 13 per cent of people over 40 admitted secret savings or investments. The average amount of hidden money among these couples was £20,800. Twenty two per cent of men were found to have a secret savings account, compared to only 16 per cent of women. However, the results showed that nearly a quarter of women who have one admitted it was to safeguard against a potential breakup. Only 11 per cent of men cited a similar motivation. The study found that savings were…
  • US begin implementation of child maintenance treaty

    Stowe Family Law Web Team
    1 Oct 2014 | 10:20 am
    The United States has begun implementation of an international child maintenance treaty. The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concerns the enforcement of judicial decisions regarding child and family support. Originally signed in 2007, the treaty currently only has seven signatories, but these include both the United States and the European Union. Applicants living in one participating country can apply for the enforcement of maintenance rulings made in others. The US government has now begun the process of implementing the…
  • Leeds court approves adoption of toddler

    Stowe Family Law Web Team
    1 Oct 2014 | 10:20 am
    A baby girl aged one year and three months is to be adopted, after her parents were judged to pose a danger to her welfare. In Leeds City Council v B (The Mother) & Ors, the baby, referred to in the judgement as ‘A’, was born in July last year. Her parents, ‘B’ and ‘C’, had been a couple since 2008, and lived together until October of last year. During the B’s stay in hospital to give birth, she had told the staff that she had problems with her mental health and would struggle unless C stayed with her on the ward. Later a GP reported the family to the local authority after B…
  • New standards for expert witnesses in family court

    Stowe Family Law Web Team
    1 Oct 2014 | 10:19 am
    New standards for expert witnesses who present evidence in family court become law today (October 1). According to a government press release, the new standards will raise the quality of the evidence presented by such witnesses in court, as well as helping to accelerate proceedings. Under the new rules only recognised professionals will be able to give evidence in family proceedings featuring children. Expert witnesses will be required to have appropriate knowledge and experience, be regulated or accredited by a recognised body and have suitable qualifications. The new standards were…
  • Something for everyone by John Bolch

    John Bolch
    1 Oct 2014 | 8:36 am
    They say time flies when you’re having fun. Well, there must be some truth in that, as I can’t believe that a year has already passed since I began writing for Marilyn Stowe’s Family Law & Divorce Blog. To celebrate the event, I thought I would re-visit some of the highlights of my year here. A common and recurring theme for my posts has, of course, been the legal aid cuts last year and their continuing adverse effects upon family justice in this country. In one of my earliest posts on the subject, on the 5th of November last, I contrasted how India could spend £600 million a year…
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    Michael C. Craven | Divorce Lawyers Chicago

  • The Baby Boomer Divorce Trend

    Michael C Craven
    9 Sep 2014 | 1:27 pm
    Baby Boomer Divorces I recently read an article that the divorce rate was on a slight decline from the generally accepted 50 percent rate. Although it is difficult to obtain completely accurate divorce statistics, as a divorce lawyer, I was interested to search deeper into the topic. While I struggled to find credible sources to confirm the precise national divorce rate, I found a commonality among all studies regarding divorce trends: baby boomers have the highest, and still growing, divorce rates among all age groups in the nation. Divorce trends among baby boomers Until the 1970’s, no…
  • The Media Glamorizes Celebrity Divorce

    Michael C Craven
    13 Aug 2014 | 12:31 pm
    Media’s Glamorization of Divorce In the past weeks, each time I’ve searched ‘divorce’ online, endless articles about Jay-Z and Beyonce’s apparently broken relationship come up. The articles speculate every aspect of their divorce, from warning signs of their rocky relationship, rumored infidelity, how their divorce will affect their concert tour, what will happen to their daughter and more. Even though there has never been an official separation or divorce announcement, fans across the world quickly devour these articles. Similarly, every time I pass by magazines for sale, I…
  • Fighting for Sole Custody: When is it Worth The Battle?

    Michael C Craven
    29 Jul 2014 | 11:49 am
    Obtaining Sole Custody In divorce cases that involve children, two different types of custody can be granted: joint or sole custody. Through my experience as a divorce lawyer in Chicago, I have seen that the majority of cases settle with a joint parenting agreement. However, I recognize the importance of my clients understanding all custody options so that they can make informed decisions. What is sole legal custody? Oftentimes, people think that if a parent has sole custody of a child, this means that the child lives with that parent the majority of the time. While a parent with sole custody…
  • Health Care Power of Attorney Make-Over

    Michael C Craven
    10 Jul 2014 | 11:36 am
    Health Care Power of Attorney As a Chicago divorce attorney with a background in estate planning, I am aware of the benefits of estate planning before, during and after divorce.  A Health Care Power of Attorney (HCPOA) is an important part of an estate plan. Illinois’ General Assembly unanimously passed Senate Bill 3228 and it was sent to the Governor for his signature June 27.  The bill amends the HCPOA Act. Once signed by Governor Quinn, the new law will become effective January 1, 2015. A HCPOA is used by individuals to name another person, known as a health care agent, to make health…
  • Celebrity Style Separation: “Conscious Uncoupling”

    Michael C Craven
    2 Jul 2014 | 12:41 pm
    Conscious Uncoupling Gwenyth Paltrow and Chris Martin have been receiving an unusually large amount of attention surrounding their announcement to separate. This attention isn’t stemming from the public’s shock about the decision, but rather about how they have decided to separate – by ‘consciously uncoupling’. While reactions have ranged from confusion to criticism, as a Chicago divorce lawyer, the previously little-known concept is intriguing. What is conscious uncoupling? The term, officially coined by marriage therapist Katherine Woodward Thomas in 2009, refers to a mindset to…
 
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    Scaling the Summit: Divorce, Families, & Options

  • Why Aren't You Getting Collaborative Cases?

    24 Sep 2014 | 7:50 am
    There are many reasons that there are currently fewer Collaborative cases than there are mediation and litigation cases.  Just to name a few of the challenges: the process is newer and less well known to the general public; there is still confusion about the cost and benefits of the process; and there aren't as many practitioners trained in the process as there are in mediation (and no additional training is "required" to go to court).  Collaborative Law, like mediation, requires that both parties choose the process.  If one party wants to go to court then the other essentially…
  • MA SJC Rules on Parent Coordinator Orders: Asks Probate Court to make a Rule

    15 Sep 2014 | 9:01 am
    In the case of Bower v. Bournay-Bower, the Massachusetts Supreme Judicial Court has ruled that Judges in the Probate and Family Court cannot grant a Parent Coordinator binding authority over the objection of one of the parties.  However, the SJC went much further then necessary in order to open the door for what might be the "appropriate circumstances" to order a Parent Coordinator.In Bower, the SJC summarized the trial judge's order as requiring a parent coordinator to:"hear the parties' current and future disputes regarding custody and visitation in the first instance, before the…
  • Collaborative Law Intro Training 2014

    7 Aug 2014 | 4:40 am
    Kelsey & Trask's Justin Kelsey will be one of the presenters at the upcoming 2014 Collaborative Law Training:presents an Introduction to Collaborative Law Practice 2014:An Interdisciplinary, Interactive, Step-by-Step Training to Offer A Better Approach to Conflict Resolution.This is a three day introductory training taking place on September 11, 12 & 13, 2014 which will proceed step-by-step through the collaborative process. The program is designed for social workers, psychologists, and other licensed mental health professionals, financial professionals, family law…
  • A Lecture in Myanmar

    6 Aug 2014 | 6:51 pm
    For 9 days this past July, Valerie Kua, an associate at Kelsey & Trask, P.C., had the opportunity  to visit the Republic of the Union of Myanmar (formerly Burma) through the Seed of Hope Foundation.  As part of this visit, on Friday, July 18, Valerie presented a lecture on the American legal system at the University of Mawlamyine.Myanmar is the second largest country in Southeast Asia bordering Laos, Thailand, China, Bangladesh and India.  Then known as Burma, Myanmar became an independent nation in 1948 and has spent much of that time in civil war.  Today Myanmar is…
  • Rehabilitative Alimony: 7 More Lessons from the SJC

    1 Aug 2014 | 8:28 am
    The Massachusetts Supreme Judicial Court has released another opinion that addresses some of the questions still surrounding the Alimony Reform Act of 2011. Zaleski v. Zaleski - SJC 11391 (2014). In Zaleski, the Appeals Court addressed four primary issues in the lower court's decision:Rehabilitative Alimony ordered instead of General Term Alimony - AFFIRMEDHusband's bonus income not included in alimony amount calculation - REMANDEDWife ordered to maintain life insurance for her child related obligations - REMANDEDProperty Division not exactly equal - AFFIRMEDWe've summarized the take-away…
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    Lawdiva's Blog

  • Guest Post: Spousal Support: Heads She Wins, Tails He Loses

    Georgialee Lang
    22 Sep 2014 | 3:29 pm
    I have been a fan of Ontario lawyer/writer KAREN SELICK (karenselick.com) for many years and appreciate her “tell-it-like-it-is” approach to some of Canada’s absurd laws. Karen wrote the piece below on spousal support seventeen years ago in the November, 1997 issue of “Canadian Lawyer”, when the Spousal Support Advisory Guidelines were nothing more than a law professor’s dream. Enjoy! “The law of spousal support has become so repugnant to me lately that I often ponder giving up the practice of family law altogether.  It’s almost impossible to…
  • Debunking the Myths About Canada’s Proposed Prostitution Law

    Georgialee Lang
    18 Sep 2014 | 11:35 am
    The Harper government’s new prostitution Bill C-36, The Protection of Communities and Exploited Persons Act, has polarized stakeholders as evidenced in the ongoing hearings before the Senate Legal and Constitutional Affairs Committee, with no consensus among social service agencies who provide support to prostitutes, among prostitutes themselves, or among legal analysts and lawyers who study the issues. Those who condemn Bill C-36 and favour full legalization of prostitution in Canada focus their remarks on the following arguments: 1. Prostitutes choose to work in the sex industry and…
  • Divorce Fraud Leads to 17 years in Prison

    Georgialee Lang
    11 Sep 2014 | 4:39 am
    California businessman Steven Zinnel, age 50, thought he could get away with cheating his wife, his two teenage children, and the bankruptcy court, but he was wrong….boy was he wrong! Zinnel and his wife, of Gold River, separated in 1999. By 2001 their uncoupling got even more ugly when he told his wife she would get nothing, no assets or support because he was filing for bankruptcy. Zinnel systematically funnelled millions of dollars into the names of other persons and true to his word, filed for voluntary bankruptcy in 2005. He also laundered money through shell corporations in order…
  • Happy Ending for Local Child Abduction Case

    Georgialee Lang
    9 Sep 2014 | 10:37 am
    Not all abduction cases end in the disappointment of “no return” or even death, like little Amber Lucius. Early last month I became involved in a child abduction case that spanned the globe from Portugal to Vancouver to Corner Brook Newfoundland. The parents of a nine-year-old girl named Lauren moved from their long-time home of Vancouver to Portugal three years ago. They settled in and Lauren’s mom who was a Canadian citizen applied for and was granted Portuguese citizenship as did Lauren, who was born in Canada. Their new life began, Lauren was registered in school and by…
  • Alberta Child Who Was Abducted Found Dead

    Georgialee Lang
    6 Sep 2014 | 2:08 pm
    In a heart wrenching story out of Alberta today, we learned that nine-year-old Amber Lucius was abducted by her mother, and later found dead in a truck parked on a country road in Millet, a farming community outside of Calgary with a population of 2,000. Her mother was with her when she was discovered. How could this have happened and what can be done to prevent the violence that rears its ugly head in high-conflict custody battles between warring parents? Amber’s parents, Laura Coward and Duane Lucius, were married in 2004 and separated three years later in 2007. In the beginning of…
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    Arizona Family Law

  • Six Words No Divorced Parent Want to Hear

    JacksonWhite Law
    30 Sep 2014 | 8:52 am
    After going through a divorce, there is that one phrase no parent ever wants to hear “Mom, I want to live with Dad” or vise versa. Stephanie Burchell, a licensed marriage and family therapist, explains “When a child chooses one parent over the other some parents may experience feelings of rejection, disloyalty, and abandonment.” She goes on to explain how it often re-opens the wounds of the divorce and failed relationships before. What makes a child want to switch homes? There are a variety of reasons why a child may want to live with their other parent. One reason Burchell gave was…
  • Kim’s Dreams of Adoption are Quickly Destroyed

    JacksonWhite Law
    25 Sep 2014 | 8:47 am
    In a recent Kardashian vacation to Thailand Kim suddenly had a new desire-adoption. This desire sprouted after the family visited a Thailand orphanage, and Kim fell in love with a little girl named Pink. Despite Kim’s ‘Angelina’ like intentions, she will not be allowed to adopt the young girl-and it’s not because Kanye West objects. Kardashian at the Orphanage While the Kardashian-Jenner group was vacationing in Thailand they turned to Iniala Resort’s founder, Mark Weinberg, for itinerary ideas. Mark informed them of an orphanage nearby. Kris quickly arranged for the family to make…
  • Deciding on a Name After the Divorce

    JacksonWhite Law
    23 Sep 2014 | 8:53 am
    Many individuals get married and cannot wait to become the new “Mrs. So-and-so”. They go through the process of legally changing their name, and flaunt it around like the new rock located on their finger. While for many, this decision is easy, the process of legally changing a name becomes quite difficult when going through a divorce. People wonder if they should keep their ex’s name, or go back to their maiden name, or even just completely start over with something different! While it is most common for individuals to revert back to their maiden name, it is becoming more common for…
  • Collaborative Divorce One Way to Avoid the Courts

    JacksonWhite Law
    18 Sep 2014 | 11:00 am
    In a recent article in the Wall Street Journal by Mike Miller, it gave some insight into receiving a collaborative divorce instead of going to the courts. The Facts about Collaborative Divorce Collaborative divorce began in the 1980s in Minneapolis when lawyers decided to avoid the courts during a divorce. Instead, clients and their attorneys “pledge not to go to court.” The result of this pledge promises that new attorneys would need to be obtained to start the process all over again. As Miller said, this provides “a real incentive to reach a settlement.” Collaborative divorce…
  • California Giving Legal Rights to Nontraditional Families

    JacksonWhite Law
    16 Sep 2014 | 11:00 am
    There are two bills that California is looking to pass that help give more rights to nontraditional families. Bill for Custodial Rights for Gay Parents The governor of California, Jerry Brown, signed legislation that replaces references to marriage as “between a man and a woman” with the word “spouse.” This new legislation is the result of California legalizing gay marriage. However, custodial rights of children for these couples have yet to be addressed by legislation. But a new bill that Senate is looking at might change this. Assemblyman Tom Ammiano is behind the AB2344 bill,…
 
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    Fairfax Family Law Blog

  • We can help you sue for compensation after a consumer injury

    Surovell Isaacs Petersen & Levy PLC
    25 Sep 2014 | 10:18 am
    If you have been injured by a product you bought or a medication you took, you might not know where to turn. It can be quite shocking to realize that a product or medicine you believed to be completely safe actually resulted in consumer injury. Unfortunately, defective products are far more common than many people realize and consumers have the right-and in some ways, the responsibility-to hold the manufacturers of those products accountable for their mistakes or negligence. Products liability cases are the kinds of lawsuits that refer to dangerous or defective products that have caused harm…
  • Despite higher car accidents risk, teens' cars are often unsafe

    Surovell Isaacs Petersen & Levy PLC
    18 Sep 2014 | 12:34 pm
    Driving is probably one of the most common, yet also most dangerous, activities that Virginia residents engage in on a daily basis. The risk of car accidents is great and can result from any number of factors, including road conditions, weather conditions, a driver's own bad driving habits or loss of control, or a negligent or distracted driver. Many people often focus on inexperience when discussing the potential dangers related to teenage drivers yet few sources have discussed safety in terms of a teen driver's car. The Insurance Institute for Highway Safety in Arlington, Virginia, recently…
  • Understanding a traumatic brain injury

    Surovell Isaacs Petersen & Levy PLC
    10 Sep 2014 | 12:14 pm
    Many Virginia residents are well-aware of the risks posed by a traumatic brain injury (TBI), as seen in increased education efforts and improved equipment and policies in sporting events. Unfortunately, many people still do not understand the facts about traumatic brain injuries. Knowing how and when a TBI can occur and what can be done in response is one of the best ways to reduce the number of people who suffer long-term damage after a head trauma. The definition of a TBI is an injury suffered by a person when he or she experiences trauma that causes damage to the brain. The two ways of…
  • When can someone be liable for a dangerous property condition?

    Surovell Isaacs Petersen & Levy PLC
    4 Sep 2014 | 7:58 am
    Owners and even residents, in some cases, owe a duty of reasonable care to people who come onto the property with the owner's consent and at the owner's invitation. This category of people generally consists of customers or patrons-people whose presence on the property benefits both the property owner and the visitor. Because store owners or the owners of other public places are specifically intending for members of the general public to frequent their premises, they are responsible for ensuring that the premises are safe and do not pose unreasonable hazards to those who come onto the…
  • Legal remedies available to those injured by a defective product

    Surovell Isaacs Petersen & Levy PLC
    27 Aug 2014 | 1:23 pm
    It can come as a shock to realize that a product that you purchased and used, thinking it was safe for its marketed purpose, caused injury, harm or illness to you or a loved one. Unfortunately, harm resulting from an unsafe or defective product is all too common. Anyone injured as the result of their use of a product should be aware of the potential legal remedies that exist to protect their rights and interests. Filing a products liability lawsuit is a way to both recover financial compensation that can address the losses and damages sustained and also to encourage companies to improve their…
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    Family Law Express Brief

  • What is Family Violence according to the Family Courts?

    Julie cheung
    19 Sep 2014 | 6:41 pm
    Following 2012 family law reforms (often referred to as the family violence amendments to the family law act), the definition of family violence  has significantly expanded. This article will look at the definition of family violence (also known as domestic violence) in more detail to see what kinds of behaviour could fall under this new definition. More generally, this article aims to create a greater awareness of the different types of family violence that are now considered by the family law courts as family violence. This includes a range of behaviours that most people would not…
  • Family Law Reform in Australia: Experts and Lobby Groups

    Valerie Cortes
    12 Sep 2014 | 7:44 am
    Although there are various government agencies whose specific role it is advise and recommend on family law changes to government, there are also numerous individuals considered experts in the broader field of family law who have been relied upon to provide advise and recommendations. The federal government has at times relied on research grants afforded to various experts in family law reform, in order to review (and at times endorse) the options available for reform at that point in time. This approach has however at times been controversial when governments have selected notably partisan…
  • Everything you need to know about Family Trusts: Part 1

    Dinesh Munasinha
    20 Aug 2014 | 8:02 pm
    The notion of having a Family Trust is viewed by many as too complicated, prone to high risk, a facilitator of family disputes and with little to ultimately gain in financial terms. There have also been a number of high profile cases in the public domain of Family Trusts that have not been set up or managed properly, at times leading to significant tax penalties and family disputes for those involved. However, it need not be that way. For those who set a Family Trust properly , it is considered one of the best legal tools to help better distribute the wealth of the family and make substantial…
  • Relocation After Divorce – Factors the Courts Consider

    Joe Azzi
    20 Aug 2014 | 3:01 am
    Relocation is indeed a very important aspect that tends to arise with instances of divorce. It basically refers to the post separation process whereby a parent decides to move (or relocate) from the region in which he/she previously raised their children with their partner. As expected, one parent moving a distance away from the other is bound to cause problems – particularly concerning shared custody. One of the primary reason this is such a disputed issue is that it is not clearly addressed in family law; in other words there is no concrete structure to enforce it by as we see with other…
  • Do Not Resuscitate: Who Decides?

    Manisharaj Kaur Pannu
    19 Aug 2014 | 7:14 am
    A ‘DNR order’ (Do Not Resuscitate) is a medical order to withhold cardiopulmonary resuscitation (CPR) techniques. Various terms have been used to describe such an order including ‘No CPR’, NFR (not for resuscitation), NFAR (not for attempted resuscitation), DNAR (do not attempt resuscitation), and AND (allow natural death). Such an order informs the health care team that in the event of a cardiac arrest, cardiopulmonary resuscitation will not be conducted.1. Measures will then be provided to promote comfort during the dying process. Given the seriousness of the consequences of a DNR…
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    The Sampair Group | Legal Blog

  • Changing Your Child’s Last Name

    Sampair Legal Blog
    1 Oct 2014 | 1:21 am
    Custody battles can be very intense. When you get divorced or work through a custody case there are many issues to deal with, including decision-making responsibility, parenting time, and living arrangements. Some parents wonder whether they can change their child’s last name after a divorce or custody case. This is a particularly common question when the other parent has no decision-making authority and little or no parenting time. Parents also often wonder about this after a parent has failed to utilize his or her allotted parenting time, disappearing from the child’s life. Children…
  • Divorce Resolution Options

    Sampair Legal Blog
    30 Sep 2014 | 1:19 am
    Making the decision to end your marriage is difficult and does not come easily. It is often harder to move forward when you hear stories from friends and family about how horrible divorce can be. A divorce is never easy, but there are options available to make the process more civil, shorter, less expensive and less confrontational. Divorce mediation is a process in which you and your spouse work with a trained divorce mediator who acts as a neutral third party. The mediator guides you and your spouse through all of the decisions that need to be made to end your marriage. While the mediator…
  • Increase Your Chances of Winning Your Custody Case

    Sampair Legal Blog
    29 Sep 2014 | 1:40 am
    A custody case can bring out your deepest fears. The stakes are high and you want to do everything you can to improve your chance of a good outcome. Here are some ways to make sure you are maximizing your chances. Observe all court ordersIf a temporary order has been issued in your case for parenting time, follow it precisely. Be on time for every single transfer. Don’t skip a single moment that is assigned to you. If you have a temporary or permanent child support order, pay it on time every time. If there is a protective order keeping you away from your ex, do not violate it in any way.
  • Sharing Holidays May Benefit Your Child

    Sampair Legal Blog
    26 Sep 2014 | 1:38 am
    Holidays are an important time of year for children and thus they are an important part of any parenting plan. One of the most common ways to handle holidays after a divorce is to set up a plan that alternates holidays throughout the year (Dad gets Labor Day, Mom gets Thanksgiving, Dad gets Christmas, and so on). Another popular plan is to assign certain holidays to each parent permanently (Mom always gets Christmas Eve and Dad always gets Christmas, for example). These types of plans give everyone a chance to have some holiday time, but they are often difficult for children because they miss…
  • Responsibility for Children’s Expenses

    Sampair Legal Blog
    25 Sep 2014 | 1:37 am
    Child support is a set amount the court orders one parent to pay to the other. Usually the parent who spends the most time with the child receives child support from the other parent. The purpose of child support is to provide an adequate standard of living for the child, equivalent with that experienced when the parents were together. In addition to set child support, the paying parent may also be ordered to pay for or contribute to the medical, dental, and educational expenses of the child. When an order includes additional expenses, there is sometimes confusion about what exactly is…
 
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    Etheringtons

  • Should I Sign a Partnership Agreement?

    Paul
    22 Sep 2014 | 2:55 pm
    Partners are joint owners of a business. They are equally responsible for the decisions made on behalf of the business and have the same goals. However, partners are not always equal, like for instance, in some law firms where there are senior and junior partners. From a legal point of view, however, all partners remain equal. Without a written agreement, all partners: Take equal responsibility for the business’s activities and trading; Share profits equally; and Cover losses equally. Partnership agreements ensure that there is a written record of the duties and responsibilities of partners…
  • Do I Need a Barrister?

    Flo Mitchell
    17 Sep 2014 | 4:18 pm
    Barristers are different from solicitors in a variety of ways and are employed for different reasons. Most barristers work out of chambers located in the city, and are trained specifically in the justice and court system. As a result, they spend most of their time in the court room. Barristers combine a thorough understanding of the law and the rules of the courts, which they develop from frequent appearances in court and tribunals. They act as the legal representative of a client and provide advice and opinions in complex legal matters. Barristers are highly trained in advocacy work and can…
  • What is misrepresentation?

    Flo Mitchell
    11 Sep 2014 | 7:20 pm
    Misrepresentation is a false statement of fact made by one party which induces the other party’s decision to enter into the contract. A contract is usually rendered void when a person has been induced to enter into it through misrepresentation. If you have been the victim of a misrepresentation, an experienced misrepresentation lawyer is essential for pursuing the case as they will know how to proceed and can advise you about the expected outcomes. There are three types of misrepresentation that can occur: • Innocent – a misrepresentation made entirely without fault; • Negligent…
  • Benefits of Alternative Dispute Resolution

    Paul
    4 Aug 2014 | 12:01 am
    Alternative Dispute Resolution (ADR) procedures are suitable for settling disputes out of court and are generally faster and less expensive than litigation. ADR gives parties in dispute the opportunity to work through disputed issues with the help of a neutral third party. When used correctly, ADR puts the parties in control, by giving them an opportunity to voice their perspectives and have a say in the final decision. It also focuses on the issues that are most important to the people in the dispute and helps them come up with creative and flexible options by establishing what each party…
  • How to Recover a Debt

    Paul
    16 Jul 2014 | 10:42 pm
    How to Recover a Debt If someone owes you money and won’t pay there are strategies you can use to recover the debt. Having an effective method to ensure debts are paid is vital for the longevity of any business, while the right course of action depends on the size of the debt and your ability to prove you are owed the money. If payment has not been received within a set time after a final notice has been sent to the debtor, enlist the help of a debt recovery lawyer to assist with proceedings. To recover a debt you can issue a letter of demand to the debtor, that states there are outstanding…
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    - Jack K Robinson, Attorney

  • Fathers Can Get Custody In Texas

    Jack Robinson
    1 Oct 2014 | 7:00 am
    Fathers can get custody in Texas! Despite the urban legend that a father cannot win custody of their children in a divorce, or that he must prove the mother “unfit.”  These misconceptions are just not true because fathers can get custody in Texas. Why Do Father’s Lose Custody? In my experience, men lose custody because they deserve to. Not because they are bad parents, nor because they shouldn’t have custody, but because their legal cases are so poorly presented. Often this is because very few lawyers know much about how courts decide custody cases. They know little…
  • Steps for Making a Major Life Change – Part 2

    Jack Robinson
    30 Sep 2014 | 7:00 am
    “A year from now you will wish you had started today.” -Karen Lamb As human beings, we’re creatures of habit. No wonder making a major life change is so hard! But it can be done.  In this 2 part post are 10 steps that can get  your change in motion, one easy step at a time: 6. Develop a compelling vision Leaving a longstanding relationship or a long time career can be very frightening. This is because if what we have is all we see, then to give it up means we’ll have nothing left. This is a terrible illusion. New opportunities, relationships, resources, connections, and ideas always…
  • What Does Standard Child Visitation Mean In Texas

    Jack Robinson
    29 Sep 2014 | 7:00 am
    As codified in the Texas Family Code, the Texas Legislature has set out what is essentially the “recommended” visitation schedule for parents (and other conservators) in a Divorce or other family law cases (such as a Modification case, Paternity Case, or other Suit Affecting the Parent Child Relationship “SAP-CR” matter). The “Standard” Visitation Schedule is presumed to be in the best interests of the children for all children who are three (3) years of age and older. In setting specific visitation schedules, it is the policy of the State of Texas to: (1)…
  • Steps for Making a Major Life Change – Part 1

    Jack Robinson
    25 Sep 2014 | 7:00 am
    “A year from now you will wish you had started today.” -Karen Lamb As human beings, we’re creatures of habit. No wonder making a major life change is so hard! But it can be done.  In this 2 part post are 10 steps that can get  your change in motion, one easy step at a time:  1. Identify the price of maintaining the status quo Not making the change you know you need to make is …As human beings, we’re creatures of habit. No wonder making a major life change is so hard! But it can be done. Follow these steps to get your change in motion, one easy step at a time. 2. Create a…
  • What Role Does An Attorney Play In The Medicaid Benefits Planning Process

    Jack Robinson
    24 Sep 2014 | 7:00 am
    Do you need an attorney for even “simple” Medicaid planning? This depends on your situation, but in most cases, the prudent answer would be “yes.” The person at the nursing home assigned to assist in preparing a Medicaid application knows a lot about the program, but maybe not know the particular rule that applies in your case or the newest changes in the law. In addition, by the time you’re applying for Medicaid, you may have missed out on significant planning opportunities. The best bet is to consult with a qualified professional who can advise you on the…
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