Family Law

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  • CONVENT STATION GILLETTE MOUNT ARLINGTON MORRISTOWN MORRIS COUNTY NJ DIVORCE MEDIATION CHILD SUPPORT

    New Jersey Family Law
    Charles Abut
    14 Jul 2014 | 9:43 am
    The father was correct in contending that the New Jersey Child Support Guidelines were not applicable, in that his daughter is a college student living on campus. Reversed and remanded.          Ferrer v. Reynaldo, New Jersey App. Div., July 9, 2014
  • BERKELEY HEIGHTS CLARK GARWOOD SUMMIT UNION COUNTY NJ DIVORCE MEDIATION ARBITRATION ATTORNEY

    New Jersey Family Law
    Charles Abut
    10 Jul 2014 | 8:40 am
    The letter from the ex-husband’s treating physician did not recommend unsupervised visitation, nor did it demonstrate any personal knowledge of the claim to sobriety from alcoholism.   Accordingly, the New Jersey divorce judge was correct in denying the motion.         Gallo v. Meahan, New Jersey App. Div., July 8, 2014
  • JERSEY CITY NORTH HALEDON NORTH BERGEN GUTTENBERG HUDSON COUNTY NJ DIVORCE PENSION ALIMONY MEDIATOR LAWYER

    New Jersey Family Law
    Charles Abut
    16 Jul 2014 | 10:23 am
    In accordance with N.J.S.A. 2A:34-23(b), New Jersey divorce courts should not consider a payor's income in deciding alimony awards.         Ruggiero v. Ruggiero, New Jersey App. Div., July 10, 2014
  • MAYWOOD WALLINGTON CLIFFSIDE PARK ENGLEWOOD BERGEN COUNTY NJ BROKEN ENGAGEMENT MEDIATOR ARBITRATOR ATTORNEY

    New Jersey Family Law
    Charles Abut
    30 Jul 2014 | 6:03 am
    This litigation was over a broken engagement.  She first denied she still had the very expensive diamond ring and claimed it was "lost."  However, when confronted under oath at her deposition, she admitted she still had it. The case is now on remand to determine whether frivolous litigation sanctions will be imposed for bad faith, harassment or malice.       Wachsman v. Tobias, New Jersey App. Div., July 17, 2014  
  • What Is Virtual Visitation and Why Is It Important?

    The Stevens Firm, P.A.
    Ben Stevens
    30 Jul 2014 | 5:30 am
    When most people think of visitation and child custody issues, they envision fighting over the weekly parenting schedules, who gets the kids on the weekends, and what to do about the summer vacation. While these are some of the biggest aspects of any child custody and visitation, another important issue is discussing and agreeing on rules regarding virtual visitation. What is virtual visitation? Virtual visitation refers to the ability of a parent to contact a child by electronic means when the child is physically with the other parent. Though virtual visitation is often used in cases where…
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    The Stevens Firm, P.A.

  • Communicating with Opposing Parties

    Ben Stevens
    31 Jul 2014 | 5:30 am
    In Family Court cases, it is sometimes necessary for an attorney to communicate with an opposing party who is not represented by counsel. The manner in which this is done is important, because attorneys in South Carolina are absolutely prohibited from representing two opposing parties in any Family Court case. Based on the number of people over the years who have claimed that “attorney so and so represented both me and my spouse when we got divorced”, there is obviously a great deal of misunderstanding on this subject. At The Stevens Firm, we treat these situations very…
  • What Is Virtual Visitation and Why Is It Important?

    Ben Stevens
    30 Jul 2014 | 5:30 am
    When most people think of visitation and child custody issues, they envision fighting over the weekly parenting schedules, who gets the kids on the weekends, and what to do about the summer vacation. While these are some of the biggest aspects of any child custody and visitation, another important issue is discussing and agreeing on rules regarding virtual visitation. What is virtual visitation? Virtual visitation refers to the ability of a parent to contact a child by electronic means when the child is physically with the other parent. Though virtual visitation is often used in cases where…
  • Calculating Child Support in South Carolina

    Ben Stevens
    29 Jul 2014 | 5:30 am
    One of the few constants in family law is that the Court must address child support in every case involving child custody and visitation. However, determining the correct amount to be paid is not as simple as you might think. Do you know the basics of calculating child support in South Carolina? South Carolina’s Child Support Guidelines are based on the Income Shares Model, which was developed by the Child Support Guidelines Project of the National Center for State Courts. This model is based on the theory that the child should receive the same proportion of parental income that…
  • Gray Divorce and Social Security Benefits

    Ben Stevens
    28 Jul 2014 | 5:30 am
    Dozens of stories have appeared in recent years about the rise in the divorce rate among those 50 and older. The frequency of “gray divorce“ has exploded in the past 10 years as Baby Boomers move into retirement and increasingly choose to do so on their own. Sociologists suspect several factors have influenced the rising divorce rate. For one thing, women today are far more likely to have had their own careers and own source of income. This financial independence makes them far more likely to leave unhappy marriages, which is a luxury previous generations may not have had.
  • Mediation in Family Court in South Carolina

    Ben Stevens
    25 Jul 2014 | 5:30 am
    A Family Court judge in Charleston, South Carolina recently ordered former Governor Mark Sanford and his ex-wife Jenny into mediation as part of an continuing dispute over their bitter divorce. The case emphasizes why judges sometimes insist on mediation before settling some disputes, and this lesson can apply across the board – whether you’re a former governor or not. In this case, Mark and Jenny Sanford were in the midst of fighting about the trust funds for their two youngest sons. The couple had previously agreed in their divorce settlement that the funds would be equalized so that…
 
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    Family Law Prof Blog

  • Biggest Divorce Case in London

    Family Law
    30 Jul 2014 | 5:15 am
    From Bloomberg: When Jamie Cooper-Hohn, the wife of the billionaire founder of The Children’s Investment Fund Management UK LLP, met Christopher Hohn at a dinner party while they were at Harvard University in the early 1990s, she asked what he...
  • Review of Carbone and Cahn's "Marriage Markets"

    Family Law
    29 Jul 2014 | 6:13 am
    From the New York Times: Two professors of family law, June Carbone and Naomi Cahn, have written a crisp and cogent account — rich with detail and utterly free of legalese — of America’s failure to invest in its children....
  • Wedding Spending

    Family Law
    28 Jul 2014 | 6:08 am
    From Quartz: Now that June—currently the most popular month for weddings in the US—is over, we took a breath from attending matrimony-related rehearsal dinners, cocktail hours, ceremonies, receptions, and brunches to nurse our collective hangover and compare the fiscal damage...
  • Graduating in Wedding Dresses

    Family Law
    27 Jul 2014 | 11:33 pm
    From the Wall Street Journal: BEIJING—On an overcast June day, 20 women in white gowns stood in a row on a grassy field. They had spent the morning fussing with one another's hair and makeup, and now, for the big...
  • Price of Weddings

    Family Law
    26 Jul 2014 | 1:42 am
    From Bloomberg: Nearly 300,000 U.S. couples will get married this month. With a $30,000 average tab, the highest since theKnot.com began its annual wedding survey in 2007, that’s north of $8 billion spent in June alone. If everyone projected to...
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    Divorce Discourse

  • 10 Bad Habits That Could Ruin Your Reputation

    Lee Rosen
    31 Jul 2014 | 4:30 am
    You want people to talk about you; it’s good for business. Of course, it’s much better if they say positive things. Yes, positive things spread slowly, but they spread. The good word gets out, and clients call. Unfortunately, it takes less to start a negative discussion about you. It’s easy to make one mistake and have it spread like wildfire. People love to spread the word when you screw up. Your reputation is easy to damage and hard to repair. The best way to prevent damage to your reputation is to avoid giving the negative talkers ammunition. Avoid these 10 bad habits to protect…
  • Finishing the Perfect Law Firm System

    Lee Rosen
    29 Jul 2014 | 4:30 am
    Entropy is the enemy. Entropy is the tendency for a system’s outputs to decline when the inputs have remained the same. In our law firm, we get hit with a double whammy: First, we’re unlikely to maintain the same level of input into our systems, and Second, we’re suffering from the impact of the second law of thermodynamics: “the entropy of an isolated system never decreases.” Unfortunately, we have no isolated systems in our law firm: they’re all wide open and constantly being ripped apart. You see, we build systems, and then we “hope” they run themselves. We do our best…
  • Does Your Law Firm Need a Sign?

    Lee Rosen
    24 Jul 2014 | 4:30 am
    “We’re negotiating with the landlord about the sign,” said the lawyer. “The sign?” I asked. He explained that they had the terms worked out for the office space and had worked through a bunch of issues like parking spaces, a right of first refusal for some adjacent space, and night/weekend use of the HVAC system. “It’s going well, but we’re hung up on the sign,” explained the managing partner. It turns out that the office building has a big sign out front. The sign lists some of the building’s tenants. The landlord charges extra for the listing on the sign. It’s…
  • 4 Principles That Profoundly Increase Law Firm Startup Success

    Lee Rosen
    22 Jul 2014 | 4:30 am
    Starting a new practice is hard work. The logistics are challenging, and the sales aspect makes many a lawyer feel like a fish out of water. However, there are some fundamental principles that allow some to succeed while others struggle. Adopt these ideas, and you’ll be one of the winners. Here we go: 1. Bridges must be burned. No, don’t just burn them; instead, blow them to smithereens. There should be nothing left that even resembles a bridge. Commit to the path. You’re not going back. You’re not going sideways. You’re only going forward. Burn your bridge immediately because until…
  • Are You Making This Mistake at Lunch?

    Lee Rosen
    17 Jul 2014 | 4:30 am
    Do you tip at the fast food place? Of course you don’t tip at McDonald’s. There, you don’t even have to sign the credit card slip, nor is there one of those awkward blank tip lines above the “total” line. That might be the one good thing about eating at McDonald’s. But in other fast food places, they have those tip lines on the bill. The blank sits there staring at you: it begs you to write something or put a line through it or something. You wonder whether you’re obligated to tip when you’re already standing in line knowing you’re going to have to grab your food when…
 
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    UPDATES IN MICHIGAN FAMILY LAW

  • In Memoriam: John Mills, Esteemed Colleague

    Jeanne M. Hannah
    27 Jul 2014 | 9:29 am
    John Mills, skilled family lawyer and mediator, beloved family member of our Family Law Section's member Evelyn Redmond, passed away yesterday, July 26, 2014. Richard Victor and Scott Bassett, two members of the jass band known as "The Bare Assets," have uploaded some video and audio files of performances.
  • Networking | Essential for the Successful Lawyer

    Jeanne M. Hannah
    21 Jul 2014 | 4:05 am
    Conferences are important and are a great place to make face-to-face contact with other lawyers who may refer work to you.
  • New Revocation of Parentage Act | What New Rights are Created?

    Jeanne M. Hannah
    19 Jul 2014 | 1:25 pm
    After looking this morning at a post I began writing on June 12, 2012 but had never published, I decided that it had never really been finished. I have deleted it. This is an issue I'm working on, however--with a...
  • Protecting a Client's Confidential Information

    Jeanne M. Hannah
    18 Jul 2014 | 3:12 am
    I never (and I mean never) blind copy a client on email correspondence to opposing counsel. The danger is to high that a client may accidentally hit "Reply All" when commenting on the content of the email. If that happens, then the client's confidential attorney-client communication will be sent to opposing counsel. This could result in a significant disclosure of strategy.
  • Child Developmental Stages & Parenting Time Plans

    Jeanne M. Hannah
    16 Jul 2014 | 3:16 pm
    My favorite resource for developing a parenting time plan that is developmentally sensitive is "Planning for Parenting Time: Arizona's Guide for Parents Living Apart." Arizona encourages parents to develop their own parenting time plan and, in the process of doing that, to consider the developmental needs of their children.
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    Divorce Law Journal

  • 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…
  • Published Ky Child Support Business Income Opinion from Court of Appeals June 20, 2014

    Diana L. Skaggs
    23 Jun 2014 | 10:25 am
    Hawkins v. Hawkins The appellate court affirmed the family court’s decision to exclude income from W’s limited partnership in child support calculations. The court held that income generated from an ownership interest in a limited partnership may be considered income in calculating child support. In this case, W had no control over the distribution and there was no evidence in the record showing  a cash distribution (K1 line 19), so the court found the family court properly determined the income from the partnership, while taxable income, was not disposable income. The appellate…
  • Published Family Law Opinion from Ky Court of Appeals May 30: Divorce Settlement Incorporated in Decree Which Reserved Child Support Does Not Extinguish Pendente Lite Arrearage

    Diana L. Skaggs
    2 Jun 2014 | 8:29 am
     Wolfe v. Wolfe Parties entered into a mediation agreement and  advised the trial court that all issues had been settled with the exception of child support. The parties agreed they would supply income information for the child support worksheet. The mediation agreement was silent as to the child support arrearage. The parties dissolution of marriage was entered incorporating the mediation terms. The decree was also silent as to the child support arrearage. After the final degree was entered, the arrearage was brought to the court’s attention in a Motion for Reconsideration. The trial…
  • Published Family Law Opinion from Ky Court of Appeals May 23, 2014

    Diana L. Skaggs
    27 May 2014 | 7:53 am
    Smith v. Smith, Nonmarital property might still be subject to division between parties where there is a partnership, joint venture, or profit sharing agreement. In this case, the parties cohabitated prior to marriage. While the property acquired during cohabitation was nonmarital, the nonmarital property was still a jointly owned asset by agreement of the parties subsequent to a joint venture. Thus, the property lost its nonmarital characterization. The court also concluded the appellant did not properly trace the additional properties she was claiming were nonmarital, therefore there was no…
  • One Published Familly Law Opinion from Ky Court of Appeals May 16, 2014:Hempel v. Hempel. When child support is reversed on appeal, overpaid child support cannot be recouped unless there is an accumulation of benefits not consumed for support. If the ove

    Diana L. Skaggs
    20 May 2014 | 9:27 am
    Hempel v. Hempel.  When child support is reversed on appeal, overpaid child support cannot be recouped unless there is an accumulation of benefits not consumed for support. If the overpayments have already been expended to benefit the child, no recoupment is allowed, even when a fund equivalent to child support is available. A college fund would not be equivalent to child support even if equivalency were allowed.
 
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    International Family Law

  • The Hague Abduction Convention in South Africa

    22 Jul 2014 | 1:45 pm
    The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013.The full article is available on the website of the Hague Conference on Private International Law.Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: South AfricaBy The Honourable Mrs. Justice BelindaVAN HEERDEN, Supreme Court of Appeal, Bloemfontein, South AfricaInternational child abductionThe Hague Convention of 25 October 1980 on the Civil Aspects…
  • The Hague Abduction Convention in Paraguay

    21 Jul 2014 | 1:55 pm
    The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013.The full article is available on the website of the Hague Conference on Private International Law.Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: ParaguayBy María Eugenia GIMÉNEZ DE ALLEN, Judge of the Court of Appeals for Children and Adolescents, Central Department, Asunción, ParaguayIntroductionAchieving the correct application of…
  • The Hague Abduction Convention in Panama

    18 Jul 2014 | 1:24 pm
    The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013.The full article is available on the website of the Hague Conference on Private International Law.Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: PanamaBy Delia P. CEDEÑO, Judge of Children and Adolescents of the First Judicial Circuit of Panama, Panama City, PanamaWhen we speak of “jurisdiction” we are referring to the authority of each State…
  • The Hague Abduction Convention in the Netherlands

    17 Jul 2014 | 2:22 pm
    The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013.The full article is available on the website of the Hague Conference on Private International Law.Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: the NetherlandsBy Annette C. OLLAND, Senior Judge Family Law and International Child Protection at the District Court of The Hague, President of the Dutch Office of the Liaison Judge International Child…
  • Expats with Children: Top Tips from an International Family Lawyer

    17 Jul 2014 | 11:37 am
    Expats with Children… Top Tips from an International Family Lawyer[1]By Jeremy D. Morley*I have worked for many years counseling international parents around the world about international child custody issues.Here are some of my “international family lawyer’s best tips” for clients with children who may move overseas. This article does not deal with financial issues except as they may relate to children issues. Before you move overseas, you absolutely must realize, understand and fully evaluate the fact that if you are in a new country with a child you may find yourself trapped there…
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    Family Lore

  • Legal aid is 65 today. Should we have a party or a wake?

    30 Jul 2014 | 7:23 am
    A message from Law Society president Andrew Caplen:video platformvideo managementvideo solutionsvideo player
  • The answer to everything

    30 Jul 2014 | 12:28 am
    Legal aid cuts have left family courts 'at breaking point' - The Guardian, 29th July 2014
  • Something for everyone

    25 Jul 2014 | 3:19 am
    My efforts this week on Marilyn Stowe's Family Law & Divorce Blog include:Important cases: Edgar v Edgar - A look at the case that gave its name to the 'Edgar agreement'.  Child support variations - The current rules explained, following the recent case TB v Secretary of State for Work and Pensions and SB (CSM) (Child support : variation/departure directions: diversion of income).  Expediting decree absolute - A look at the law, following the publication this week of the President's judgment in Solovyev v Solovyeva.  Children giving evidence - Looking at the Guidelines in…
  • Re B: Children giving evidence

    22 Jul 2014 | 8:29 am
    A summary of Re B (Child Evidence) [2014] EWCA Civ 1015.Re B concerned a father's application for contact with his 5 year old son. The mother alleged that the father had been violent towards her during their relationship. Her allegations were considered material to the issue of contact and a fact finding hearing was directed. The mother wanted her older child (a daughter, G, who is now 13 years old) to give evidence at the fact finding hearing about some of the violent incidents, and her application to this end was considered by Judge Cameron on the 12th of February last. She ordered that a…
  • Not QUITE got the idea...

    22 Jul 2014 | 2:50 am
    Research indicates that legal aid contributes to significant public savings - Family Law, 22nd July 2014
 
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    Toronto Family Lawyer Blog

  • Voluntary Early Retirement and Spousal Support: Walts v Walts, 2013 ONSC 6787

    Andrew Feldstein
    25 Jul 2014 | 1:07 pm
    Walts v Walts addresses the effect of voluntary early retirement on spousal support. Background The parties were married on May 12, 1979 and separated April 20, 2007.  The parties were married for nearly 28 years and had three children together.   The parties entered into a separation agreement in which Mr. Walts waived his right to interest in wife’s pension and indicated that he was satisfied with financial disclosure.  Furthermore, Mr. Walts agreed to pay spousal support in the amount of $1,584 per month.  Mr. Walts, however, desired to retire at age 55 and brought a motion to…
  • Case Conferences & Due Process: B. (A.) v. A. (N.L.) 2013 ONSC 2990

    Andrew Feldstein
    18 Jul 2014 | 10:22 am
    This is an appeal dealing with issues of procedural fairness and due process, the appropriate role of a case conference judge, and clarifies what orders can be appropriately made at a case conference. Background The parties were married for three years and had a child. A temporary custody agreement gave the mother custody and alternate weekend access to the father. Their disputes centered on custody, child support, claims of harassment and the other’s inability to parent. At the first case conference, they agreed to have the Office of the Children’s Lawyer provide a report to assist the…
  • Children’s Aid Society of London and Middlesex v. B. (C.D.)

    Andrew Feldstein
    11 Jul 2014 | 10:37 am
    This case addresses whether an assessment co-authored by non-court approved and non-expert parties in its creation  is admissible evidence as an expert assessment ordered under s. 54 of the Children’s Law Reform Act. Background In October 2010, a judge ordered an assessment to be conducted by a Dr. Ashbourne, a licensed psychologist who worked at the Centre for Children and Families in the Justice System (the Centre) in London, Ontario. At the start of the assessment, the parents and the Children’s Aid Society of London and Middlesex (CAS) were notified that the assessment would be…
  • Section 30 Assessments for Custody of a Toddler

    Andrew Feldstein
    7 Jul 2014 | 5:59 pm
     Ryan v Scott In this case, the judge considered the appropriateness of ordering a custody assessment under section 30 of the Children’s Law Reform Act in a dispute over a toddler. The parties are the parents of a little girl, E., born in 2010. When E. was six months old, the mother received court permission to move with her daughter from Ottawa to her home city of Toronto. In 2011, a judge ordered that the couple would share joint custody over the child, with the mother having primary residence and day-to-day decision making authority. The decision also provided for a review of the…
  • Lack of Disclosure, Setting Aside Separation Agreements and Duty of Recipient to Verify Suspicious Information

    Andrew Feldstein
    27 Jun 2014 | 3:53 pm
    Virc v Blair et al 2014 ONCA 392 In this case, the Ontario Court of Appeal deals with the issue of whether the recipient of a deliberately misleading, false, inaccurate disclosure as part of a separation agreement negotiation has a duty to question its accuracy. Background Virc, the appellant wife, was a commercial litigation lawyer who after marrying Blair, a businessman, moved left her firm to work for her husband as in-house litigation counsel. After nearly 14 years of marriage, the couple decided to separate and began negotiating a separation agreement in 2008. The facts strongly…
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    Sanns Mediation World of ADR

  • Name Change in a Divorce in NJ

    Marvin Schuldiner
    21 Jul 2014 | 2:32 pm
    New Jersey law allows either spouse in the divorce process to change their name.  N.J.S.A. 2A:34-21 reads in pertinent part: The court, upon or after granting a divorce from the bonds of matrimony to either spouse … may allow either spouse … to resume any name used by the spouse … before the marriage …, or […] Related posts: Divorce from Bed and Board New Jersey has a law on its books from 1907... Power-of-Attorney Restricted in Divorce Cases A Superior Court Judge in Ocean County ruled that unless... Expectations During a Divorce One of the biggest causes of anxiety for…
  • Power-of-Attorney Restricted in Divorce Cases

    Marvin Schuldiner
    16 Jul 2014 | 8:12 am
    A Superior Court Judge in Ocean County ruled that unless a person has been declared incompetent and needs the assistance of a guardian, that person must appear in court for a divorce in person.  In a case of first impression, Judge Lawrence Jones made his ruling in Marisco v. Marisco (FM-15-1152-13-N).  The decision was made a year ago, […] No related posts.
  • Expectations During a Divorce

    Marvin Schuldiner
    16 Jul 2014 | 7:25 am
    One of the biggest causes of anxiety for people considering a divorce is the unknown expectations about the process.  Elinor Robin explains in this Huffington Post article about some expectations to have: Expect the courts to move in strange ways — it’s not like TV portrays court. Expect that divorce will take you into uncharted […] No related posts.
  • Mediating Difficult Divorce Situations

    Marvin Schuldiner
    5 Jun 2014 | 8:16 am
    On May 9, 2014, I was honored to serve on a panel to discuss mediating difficult divorce mediation scenarios at the NJAPM Annual Divorce Seminar.  We talked though (and encouraged audience participation) situations including nesting, reimbursement requests for breast enhancement surgery just prior to the divorce, threats made by one party against the other in mediation […] No related posts.
  • New Year’s Resolutions for Divorced Parents

    Marvin Schuldiner
    2 Jan 2014 | 6:33 pm
    The Huffington Post has a nice article on New Year’s resolutions for divorced parents.  Some are obvious, but not everyone may be thinking about these things. Happy New Year to all my clients and readers!   Related posts: Changing a Child’s Name After Divorce The NJ Supreme Court recently gave a decision in Emma...
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    Illinois Divorce Lawyer Blog

  • Shared Parenting Challenges and Benefits

    11 Jul 2014 | 6:48 am
    My practice centers, in part, on complex custody litigation, sometimes involving psychological issues, addiction issues, domestic violence, and negative parenting behaviors. In some cases, I need to aggressively manage a custody case for my clients to ensure the optimum result for the client and the children. This may mean sole legal custody and restricted visitation for the other parent. In other cases, where the parents are loving, competent, and willing to cooperate, a shared parenting plan can really work out well. I have developed a number of shared parenting models that I can apply to…
  • How to Spot a Narcissist: Illinois Divorce

    2 Jul 2014 | 6:16 pm
    Marriage and Family Therapist Holly Brown has written a spot on article about identifying and avoiding a long term relationship with a narcissist. If you are in a marriage with a narcissist, and need counsel as to how to end a marriage that is causing you and the children emotional suffering, contact our offices. Michael Roe is one of the country's leading lawyer specialists on personality disorders and divorce. In the meantime, here are the signs of the narcissistic personality to be aware of: How to Spot a Narcissist By Holly Brown, LMFT A lot of people assume narcissists are easy to spot,…
  • Divorce Financial and Retirement Asset Planning

    28 Jun 2014 | 11:29 am
    The article below highlights some of the issues and concerns that attach to a divorce after a lengthy marriage. Under Illinois law, retirement assets are divisible between the parties; there is a common practice that IRA's, 401(k)s and pensions are to be valued as of the date of the divorce, and allocated between the divorcing spouses equitably. A person's retirement plan is a lifeline to the future. For many, it is their most important asset, even more emotionally valuable than a house or investment account. With this in mind, it is critical that the identification, valuation, and allocation…
  • Kane County Divorce: Women and Financial Life After Divorce

    20 Jun 2014 | 4:29 pm
    Studies confirm that women can suffer economically much more, over time, than men after divorce. You may be receiving child support and spousal support (maintenance), or a combination of the two called in Illinois "unallocated support," but maintenance is sometimes periodic and reviewable, and you likely cannot rely solely on both these income sources to sustain you and your children. Men that have careers tend to, over time, increase their incomes and save more for future years, while women tend to struggle to maintain an adequate financial roof over their heads over time. Because Illinois'…
  • DuPage County Divorce Lawyer: Kids and Divorce

    20 Jun 2014 | 4:09 pm
    Many complex divorce and custody cases involve mediation sessions, appointments with custody evaluators and guardians ad litem, along with stressful court hearings. Sometimes neglected in the process of divorce is consideration for how the children in the family are faring while the divorce is being processed. In my practice, I want my clients to be actively attentive to the emotional and psychological needs and changes that appear in the children, and to be responsive to those needs and changes. Sometimes a good clinician, such as a counselor or therapist, can be very beneficial for children…
 
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    Maryland Family Law

  • What is the correct jurisdiction for your case?

    Heather Sunderman
    30 Jul 2014 | 12:14 pm
    There may be more than one possible jurisdiction for your case.  There are several considerations, and can sometimes be tricky. One consideration is that you will have to be able to establish "personal jursidiction" over the Defendant in the case. In family law, this could mean where the Defendant lives, where the grounds for divorce arose, and/or where your child lives. You will also have to consider which county your case could be filed. You may have a choice. It is imperative to get the advice of an attorney, or possibly attorneys…
  • Home alone

    Heather Sunderman
    16 Jul 2014 | 1:04 pm
    I regularly receive inquiries from parents about the age at which children can be left alone. There have been recent publicized cases about children left alone. In Maryland, there is no simple answer. It is prohibited to leave a child under 8 alone at home, in a car, etc, but it may also be deemed neglect depending on the circumstances even if a child is 8 or older. A number of considerations are relevant, including the maturity of the child, any physical or mental disabilities, how long and where the child has been left. Keep in mind that even if it doesn't rise to the level of criminal…
  • Judicial Elections

    Heather Sunderman
    4 Jun 2014 | 6:09 am
    In Maryland, Judges are generally appointed by the Governor after undergoing an extensive round of interviews, application process and seeking the endorsement of various bar associations. After this process, they must stand for election. This year, four Judges are seeking to retain their positions, as well as one individual who has not been appointed as a Judge. The election is non-partisan, meaning that only the names of the candidates are shown, and the ballot will not indicate who the incumbent judges are. The following links are bios for the judges: JUDGE GARY E. BAIR   JUDGE AUDREY…
  • What is legal custody?

    Heather Sunderman
    2 Jun 2014 | 9:00 am
    In Maryland, legal custody pertains to the person or persons who get to make major decisions on behalf of the child. Generally, this includes health, education and religious decisions. Parents are the joint natural guardians of their children, but a court can determine that either or both parents will have joint or sole legal custody. It is also possible for the Court order some combination of these, for example, a parent who is a doctor might have final decision-making authority over health decisions, and joint legal custody with regard to educational decisions. Joint legal custody also…
  • Gender bias in the family courts?

    Heather Sunderman
    14 May 2014 | 1:21 pm
    An article in Slate examined the issue of gender bias in the court system. The article mentions two recent high profile cases, Bode Miller and Jason Patric and their cases seeking parental rights/custody. The article disputes the possibility of gender bias, noting the rise of joint custody in many states. However, the article did note that finances are a huge factor in a "fair" outcome, and that higher income parents are more likely to have joint custody. In Maryland, there is no presumption of joint custody or a presumption in favor…
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    New Hampshire Family Law Blog

  • 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…
  • Unmarried Parents Get Equal Protection for New Hampshire Appeals

    Kysa Crusco
    7 Apr 2014 | 7:19 pm
    Miller v. Todd, a parenting case between two parties who were never married, raised the issue of whether Supreme Court Rule 3 is unconstitutional because it treats married and unmarried parents differently for the purposes of an appeal. At the time, only parents who were married were entitled to a mandatory appeal from an initial determination of parental rights and responsibilities. A mandatory appeal provides that the case “shall be accepted by the supreme court for review on the merits.” Although an appeal from a final divorce decree or final decree on legal separation is a…
  • In re Deven O: Father rebutted presumption of abandonment in termination of parental rights

    Kysa Crusco
    27 Mar 2014 | 7:33 am
    The Supreme Court issued In Re Deven O. on November 7, 2013. The Facts Deven was born in June 2006 and lived with his parents until they split up in December 2006. Deven lived with his mother and visited with his father a few days each month until December 2007, when father was arrested and incarcerated for armed robbery. Mother visited father in prison, but Deven visited just once. When father was released to a half-way house in June 2010, father visited with Deven multiple times per week over the next three months. In September 2010, mother told father that she did not want him visiting…
  • Proving your New Hampshire Petition to Terminate Parental Rights

    Kysa Crusco
    11 Mar 2014 | 7:07 pm
    The New Hampshire Supreme Court has often reiterated that parental rights are “natural, essential, and inherent." Such fundamental liberty interests are not easily swept aside. It is therefore imperative to understand the law and procedures for a termination of parental rights. Check out the latest You Tube video about proving your petition for termination of parental rights.
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    Dads Divorce and Fathers Rights Blog

  • Book Excerpt & Giveaway: "The D-Word: Divorce Through a Child's Eyes"

    30 Jul 2014 | 6:44 am
    Going through divorce as an adult is not easy by any means. Experiencing one's parents divorce as a child can be extremely difficult and hard to understand. This is the perspective author, blogger and motivator Tara Eisenhard had in mind when she decided to write a novel for both young adults and divorced parents. An ex-wife and a daughter of divorced parents herself, Eisenhard had first-hand experience as to the effects the divorce process can have on children. Her book, "The D-Word: Divorce Through a Child's Eyes," explores the many different issues kids face when their parents split up and…
  • DadsDivorce Live: Taking a Look at Child Custody Issues Affecting Men

    29 Jul 2014 | 3:26 am
    Cordell & Cordell attorney and assistant team leader Heather Biagi discusses important issues related to child custody. She speaks with DadsDivorce editor Katie Davis and helps explains some of the most common issues facing men with custody cases, offering tips for how to best prepare when attempting to get custody of one’s children.
  • How Old Does My Child Have to Be to Decide Who to Live With Permanently?

    25 Jul 2014 | 8:14 am
    Question: What age does a child have to be to be able to choose which parent he or she wants to live with permanently?
  • Celebrating National Parents' Day in 2014

    25 Jul 2014 | 5:42 am
    Did you know that this Sunday, July 27, 2014 marks National Parents' Day? While it may not be as popular as Father's Day or Mother's Day in the United States  yet, National Parents' Day has existed now since January of 1994 and takes place on the fourth Sunday in July each year. Introduced as a bill by Senator Trent Lott and signed into law by President Clinton, Parents' Day was created to support both the mother and father roles equally and to minimize stereotypical gender-based ideas about parenthood. Supreme Court Justice Ruther Bader Ginsburg has commented that, "Replacing Mother's…
  • VIDEO: Cordell & Cordell News - July 25, 2014

    25 Jul 2014 | 2:39 am
    DadsDivorce, sponsor Cordell & Cordell law firm and sister site MensDivorce.com have teamed up to present a series of news round-up videos at the end of each week. In this week's news, Cordell & Cordell announced the installation of principal partner Joseph Cordell as the 51st president of the American Association of Attorney-Certified Public Accountants.  DadsDivorce responded to a reader's Ask a Lawyer question regarding a wife who had abandoned the home and children. MensDivorce took a look at proper courtroom etiquette and why it can impact a case. Check out the…
 
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    Alabama Divorce & Family Law Attorney Blog

  • Women’s Education and the Likelihood of Divorce

    30 Jul 2014 | 7:54 am
    Researchers are always interested in finding patterns and links to determine which couples are most likely to divorce. Perhaps they are trying to steer couples away from the inevitable or identify a mismatch. But it is no surprise that when it comes to love and marriage, tides are always changing. Where previous research once showed that women with more education than their husbands were more likely to divorce, new data suggest that this is not the case. According to a study published by the American Sociological Review, couples who have attained a similar level of education are less likely…
  • Exploring Options for Same-Sex Divorce

    28 Jul 2014 | 7:50 am
    Same-sex couples who are fortunate enough to live in a state where they can marry, will face significant challenges if they move to another state where marriages are not recognized. Similarly, married same-sex couples who live in a state like Alabama, where their marriage is not legally recognized, will face significant hurdles when it is time for divorce. For couples living in states where their marriage is not recognized, divorce can be nearly impossible. In many cases, couples have been forced to move out of state to a state where same-sex is legal, just so they can meet residency…
  • Wedding Rings in Alabama “Sail Away” After Failed Marriage

    24 Jul 2014 | 7:51 am
    Saying goodbye to a marriage may involve a host of traditions, in addition to the signing of divorce papers. In a recent gone-viral Alabama story, a family found two wedding rings tied to a balloon that landed in their backyard. After going on an extended search to find the owner of the rings, the couple learned that they were sent off ceremoniously, in commemoration of a failed marriage. According to reports, the former bride decided that instead of selling her wedding rings, she should make the rings a part of, “letting go.” For many facing divorce, there is certainly a challenge in…
  • High-Assets: Hedge-Fund Billionaire Files for Divorce

    19 Jul 2014 | 7:47 am
    For any couple, the division of assets can be complicated, stressful and leave both parties frustrated. In high-asset cases, these couples can wind up in court for years. A recent case illustrates the potential complexities when dealing with stocks, bonds and other high-asset investments. The founder of hedge-fund firm, Citadel LLC, has filed for divorce from his wife citing “irreconcilable differences.” Now members of the philanthropist, investment, and Chicago community at-large are awaiting the details of this high-asset and potentially highly litigious divorce. According to Bloomberg,…
  • Buying Out Your Ex-Spouse or Selling the Family Home?

    16 Jul 2014 | 6:56 am
    For most couples, the family home is the biggest investment made during a marriage. This often makes it the central focus of property disputes and can raise questions for both parties—including whether the home should be sold or how to protect the home if you wish to keep it for your children. While one party may want to keep the home, the other may want to sell it and liquidate the asset. Either way, it is important to know the law, protect your rights, and have a clear understanding of how the courts will side in the event that your case goes to court. Our Birmingham property division…
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    NJ Family Issues

  • Bad faith and attorney fees

    PaulKostro
    28 Jul 2014 | 6:34 am
    Law Lessons from Diaz v. Diaz, App. Div. , A-6356-11T4, June 26, 2014: A judge’s determination of fees should only be overturned “on the `rarest occasion,’” and only for a “clear abuse of discretion.” Barr v. Barr, 418 N.J. Super. 18, 46 (App. Div. 2011) (quoting Strahan v. Strahan, 402 N.J. Super. 298, 317 (App. Div. 2008)). In awarding fees, courts should consider the following factors: (1) the financial circumstances of the parties; (2) the ability of the parties to pay their own fees or to contribute to the fees of the other party; (3) the…
  • Reconsideration of a court’s decision

    PaulKostro
    28 Jul 2014 | 6:28 am
    Law Lessons from Diaz v. Diaz, App. Div. , A-6356-11T4, June 26, 2014: Pursuant to Rule 4:49-2, a party may move for reconsideration of a court’s decision, on the grounds that 1) the court relied on “a palpably incorrect or irrational basis,” 2) the court failed to consider or “appreciate the significance of probative, competent evidence,” or 3) the moving party is presenting “new or additional information … which it could not have provided on the first application.” Cummings, supra, 295 N.J. Super. at 384 (quoting D’Atria v.
  • When faced with the circumstance of cohabitation of a dependent spouse, the court must focus on the economic relationship of the cohabitants to discern whether one cohabitant subsidizes the other

    PaulKostro
    28 Jul 2014 | 6:23 am
    Law Lessons from Diaz v. Diaz, App. Div. , A-6356-11T4, June 26, 2014: A dependent spouse’s cohabitation with another constitutes a change in circumstances that may warrant modification or termination in the supporting spouse’s alimony obligation. Gayet v. Gayet, 92 N.J. 149, 154-55 (1983); see also Ozolins v. Ozolins, 308 N.J. Super. 243, 247-48 (App. Div. 1998). Cohabitation requires “stability, permanency and mutual interdependence.” Konzelman v. Konzelman, 158 N.J. 185, 202 (1999). To determine the “true nature of the relationship,” whether the couple…
  • An obligor with diminished income must demonstrate how he or she has attempted to improve the diminishing circumstances

    PaulKostro
    28 Jul 2014 | 6:12 am
    Law Lessons from D’Alessandro v. D’Alessandro, App. Div., A-1197-12T1, June 26, 2014: “The Legislature has left applications to modify alimony to the broad discretion of trial judges.” Storey v. Storey, 373 N.J. Super. 464, 470 (App. Div. 2004). Alimony orders “may be revised and altered by the court from time to time as circumstances may require.” N.J.S.A. 2A:34-23. Thus, alimony obligations, whether set in judicial orders or parties’ agreements, “are always subject to review and modification on a showing of `changed…
  • Alimony obligations are always subject to review and modification on a showing of changed circumstances

    PaulKostro
    28 Jul 2014 | 5:53 am
    Law Lessons from Rodrigues v. Rodrigues, App. Div., A-0066-12T1, June 30, 2014: Alimony obligations “are always subject to review and modification on a showing of `changed circumstances.’” Lepis, supra, 83 N.J. at 146 (quoting Chalmers v. Chalmers, 65 N.J. 186, 192 (1974)). However, any change must be permanent to support an alimony modification. Innes v. Innes, 117 N.J. 496, 504 (1990). Temporary unemployment or reduction in income cannot support a request for modification. Lepis, supra, 83 N.J. at 151. Whether a change is of sufficient duration to be deemed permanent is…
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    Pennsylvania Family Law

  • WINDSOR DECISION AFFECTS RETIREMENT ACCOUNTS

    27 Jul 2014 | 2:02 pm
    Last May, Susan Foreman Jordan in our Pittsburgh office issued a very informative alert on the impact of the United States Supreme Court’s decision in United States v. Windsor on the IRS and Department of Labor recognition of same-sex marriages. Susan identifies and explains how the IRS and Department of Labor clarified, so as to avoid any ambiguity, that if the same-sex marriage was legally entered into, then they would consider it a valid marriage even if the parties were domiciled in a jurisdiction which does not recognize same-sex marriage. More technically, the IRS issued a Notice…
  • SUPERIOR COURT CLARIFIES WHEN CUSTODY FACTORS MUST BE EVALUATED

    21 Jul 2014 | 1:00 pm
    We are slowly observing some flesh of judicial precedent applied to the bones of the custody stature enacted by the General Assembly and made effective in January, 2011.  A recent and significant contribution to that came in a Superior Court decision which was ascribed precedential value on July 11. S.W.D. v. S.A.R. is an appeal from a custody decision made in Armstrong County.  The dispute involved a child identified by initials in the opinion as B.A.D. and is reported at 2014 Pa. Super. 146.  The primary dispute revolved around where a five year old would attend kindergarten.  The…
  • PA COURTS WILL ENFORCE OUT-OF-STATE RESTRAINING ORDERS

    21 Jul 2014 | 7:23 am
    Welcome Gift for Coming to PA and Violating a Restraining Order Like many border areas of states, living in eastern Pennsylvania commonly results in legal issues which “span the river” into New Jersey, New York, Maryland, or Delaware (for our colleagues in the central and western part of the state, you can add West Virginia and Ohio); states with distinct laws and procedures from each other. Jurisdictional issues, choice of law issues, and standing can become important considerations for cases. For an action like a Protection from Abuse (“PFA”) or, in New Jersey, a Final Restraining…
  • ATTORNEY-EXPERT CONFIDENTIALITY NOW A RULE

    14 Jul 2014 | 7:36 am
    In May I wrote about the Pennsylvania Supreme Court’s split decision (resulting in affirmation) on protecting the communication between attorneys and the experts working on their cases. This was an important decision for a number of reasons, but despite the affirmation of the lower court’s decision, the fact it was a 3-3 split with some dissent made it precedence, but not without some concern that another case could cause the courts to shift course again. The Pennsylvania Supreme Court has now taken that decision one-step further and codified it as the new Rule 4003.5 of the…
  • COLLEGE SUPPORT AND THE APPARENT REVIVAL OF MILNE V. MILNE

    30 Jun 2014 | 9:05 am
    MAZUREK v. RUSSELL   2014 Pa Super. 130 (2014) College provisions in property settlement issues have always been a source of controversy.  The typical provision calls for mutual consent “which consent shall not be unreasonably withheld”.  The language seems clear enough when pen is set to paper but when enrollment time comes the games begin as mother has one set of ideas and father another.  The other wrinkle is that by the time college rolls around a child may be estranged from one parent.  So what is “consent” and can it ever be reasonably withheld? A case decided on June 24…
 
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    Family Law Guy

  • Does Marriage "No Longer Work" For Most Americans?

    30 Jul 2014 | 4:17 pm
    Professors June Carbone and Naomi Cahn assert, in their Marriage Markets, that marriage is no longer a functional institution for many Americans, and that American children are bearing the brunt of that breakdown.    Thoughts, anyone?
  • Interference with Child Custody

    21 Jul 2014 | 5:07 pm
      Maria Jose Carrascosa, 48, is a native of Spain and lived in Fort Lee, New Jersey. She had a child, a daughter, with Peter Innes while in New Jersey and the couple separated in 2004.  They signed a parenting agreement prohibiting either parent from taking the child out of the country without the consent of the other.  In 2005, while custody was still unresolved, Carrascosa took the child, then
  • Should a Five Year Old Give Preference Testimony?

    15 Jul 2014 | 5:19 pm
        Professional basketball player, Chris Bosh, has been in a custody battle over his young year old daughter with the child’s mother, Allison Mathis.  Apparently Mathis is requesting that their daughter, Trinity, (either four or five years old), testify in court.  http://cocoafab.com/uh-oh-chris-boshs-baby-mother-seeks-to-have-their-child-testify-in-custody-battle/http://madamenoire.com/444759
  • Update on Failure to Make Child Support Payments

    7 Jul 2014 | 4:01 pm
        An update on my previous blog from last week (July 1)!  Apparently, Houston resident, Clifford Hall, who was jailed for failing to pay child support has been released after one week.  Hall’s wages were being withheld to pay the child support but, due to some type of clerical error by his employer, the wages were improperly withheld or not being paid to the mother.  He is current and has paid
  • Grey Divorce and Retirement Plans

    3 Jul 2014 | 2:37 pm
    From today's New York Times
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    The Oregon Divorce Blog

  • Stephens Margolin PC moving to new offices located at 1000 SW Broadway building August 4, 2014!

    Stephens Margolin
    24 Jul 2014 | 11:31 am
    We’re Moving! As of August 4th, 2014, Stephens Margolin PC will be open for business at 1000 SW Broadway Suite 1250, Portland, OR 97204. The staff of the 1000 Broadway Building went out of the way to make us feel welcome!  
  • Parenting Class Update For Multnomah, Clackamas, and Washington County, Oregon

    Sean Stephens
    23 Jul 2014 | 4:13 pm
    This post is to summarize the current parenting class requirements for Multnomah, Clackamas, and Washington County courts. I previously blogged about the parenting class requirement for parents in divorce, custody, and parenting time cases. The 2008 article can be found at this link.  The rules and websites have changed, and thank you to all of the readers who let me know the old post was out of date. The current information follows: MULTNOMAH COUNTY PARENTING CLASS What’s the class called? Parents Helping Children Cope with Family Change Who must take the class? Everyone who is a…
  • Helping People During Divorce – Parenting Time Enforcement

    Sean Stephens
    23 Dec 2013 | 2:15 pm
    I love helping people through difficult court cases. Saying this at a social gathering can be a conversation stopper, but it’s true. I previously blogged about my passion to help, and about helping one particular client through a very difficult case, and having the court award him $25,000 from his ex wife for his legal bill. Many people in his situation would have given up, but he didn’t. One of the most satisfying cases I’ve worked on in the previous 19 years involved helping a father wrongfully cut out of his children’s lives regain time and his relationship with his…
  • When is my Oregon divorce final?

    Sean Stephens
    7 Aug 2013 | 11:14 am
    I have had many divorce clients ask when is the divorce final? People in divorce want closure and finality, and many expect the divorce to be final at trial, or when they sign the judgment of dissolution of marriage, or when their spouse signs the divorce judgment. Courts enter Divorce Judgments signed by Judges into the Oregon Judicial Information Network (OJIN), and frequently the entry date in OJIN is several days after the Judge has signed. The correct answer is that the marriage is dissolved when the Judge signs the judgment of dissolution of marriage. (See ORS 107.115). In many cases…
  • New Case Law – Proper Calculation of Military Pension Amount

    Daniel Margolin
    4 Mar 2013 | 11:02 am
    In February, the Oregon Court of Appeals ruled on a case I filed.  The ruling addressed two issues: The calculation of a military pension; and use of the child tax exemption.  The Court refused to rule on the child tax exemption issue due to lack of preservation and invited error.  The opinion has an interesting discussion of those two issues. The Court did agree with me that the highest pay grade should be used to calculated the division of a military pension regardless of the date of divorce.  The opinion can be read here:  http://www.publications.ojd.state.or.us/docs/A146655.pdf
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    Rochester Family Lawyer

  • 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,…
  • Transmutation of Separate Property into Marital Property

    alexkorotkin
    23 Mar 2014 | 7:16 pm
    One of the basic theories in equitable distribution and divorce litigation is that of transmutation. Transmutation theory holds that by their actions, the parties are able to modify the status of the property they own from separate property to marital property. Most of the time transmutation occurs when the parties commingle separate property with marital property or place what otherwise be separate property into both parties’ names.  This was demonstrated in Fehring v. Fehring, 58 A.D.3d 1061 (3rd Dept. 2009), where the money received on account of personal injuries by the husband,…
  • Minors and Rescission of Acknowledgment of Paternity

    alexkorotkin
    2 Feb 2014 | 2:20 pm
    A recent bill signed into law by Governor Cuomo, allows minors who acknowledged paternity of their children to have a brief period of time when they turn 18 to seek to rescind that acknowledgment . Family Court Act §516-a will permit young men who signed the acknowledgment of paternity up to 60 days, starting on their 18th birthday, to file a petition seeking to vacate. Under the present law, if someone over the age of eighteen has signed an acknowledgment of paternity, the signatory may seek to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment…
 
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    Fort Lauderdale Divorce Lawyer Blog

  • Default Judgments and Divorce Proceedings in Florida

    28 Jul 2014 | 8:11 am
    Seeking to end a marriage is often emotionally difficult. It can also be logistically difficult when your spouse is located somewhere far away and does not respond to the legal documents sent to him/her. Default judgments can be useful to allow you to move on with your life, but they require careful attention to the procedural rules the law has established. In a recent 2d District Court of Appeal case, the court reversed a wife's default judgment because she made new claims in her amended petition for dissolution, but did not serve that petition on her husband. When Loraine Barry filed for…
  • Keys Judge Rules Florida's Same-Sex Marriage Ban Unconstitutional

    21 Jul 2014 | 12:38 pm
    A circuit court judge in the Florida Keys recently ruled that the Florida Constitution's ban on marriages between same-sex partners violates the US Constitution's equal protection clause, the Miami Herald reported. The ruling, which the state has appealed, could have a wide-reaching impact for many Florida same-sex couples, beyond simply those seeking to marry. In a ruling issued July 17, Plantation Key-based Judge Luis Garcia decided that, when the Monroe County Clerk's denied a marriage license to Key West bartenders Aaron Huntsman and William Lee Jones, the state violated the mens' rights…
  • Establishing Time-Sharing and Parenting Plans for Children With Special Needs

    14 Jul 2014 | 10:46 am
    Crafting parenting and time-sharing plans are challenging enough under ordinary circumstances. When the child whose custody must be resolved also has special needs, the decisions become even more difficult. However, when these cases go to court, the law imposes the same analysis as all other parenting plan and time-sharing matters. Namely, the court must decide based upon the best interest of the child. The law does not require the involvement of guardians ad litem or expert witnesses, as one recent Third District Court of Appeal ruling highlighted. Jonathan Stockman and Nedge Turnier, both…
  • How to (Not) Keep A Separate Property Separate for Purposes of Equitable Distribution

    7 Jul 2014 | 8:41 am
    Few spouses, while happily married, stop to consider maintaining the proper legal segregation of assets they acquired separately before or during the marriage. This often leads to trouble when a spouse mixes his/her separate assets with marital property and, as a result, causes the law to view that asset as having become marital property as well. One recent decision from the 4th District Court of Appeal, ruling that a real estate interest a wife inherited had converted to marital property, demonstrates the problems a spouse can create when she fails to maintain the required separation. Before…
  • 'Better Safe than Sorry' Not a Sufficient Basis for Granting an Order of Protection

    26 Jun 2014 | 2:39 pm
    A single outburst proved to be inadequate to support an order of protection granted to a woman by a Martin County court. Since the accused man had never harmed or threatened the woman before or after the single incident, and the woman was not afraid of the man, there was no evidence that she was in "imminent danger" of suffering harm, and the 4th District Court of Appeal ruled that a protective order was not warranted. Kathryn White's appearance in Circuit Court in Martin County represented the aftermath of the somewhat acrimonious end of her three-month relationship with Abraham Toubail. In…
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    Ohio Family Law Blog

  • Putative Father Registry: Should One Be Established Nationally?

    Robert L. Mues
    26 Jul 2014 | 12:40 am
    National Putative Father Registry Database Could Benefit Father And The Child This article intends to highlight the rationale for creating a National Putative Father Registry, instead of just allowing each state to independently promulgate their own registry. What is a Paternity Registry? A Paternity or Putative Father Registry is a database established to protect children and their mother by allowing putative fathers to list their names. This, in turn, will require that the putative father is notified regarding his legal rights to the child and if any of those rights are in the process of…
  • Child Support: Should You Talk To A CSEA Ombudsman?

    Anne Shale
    19 Jul 2014 | 12:53 am
    Interview With Montgomery County CSEA (Child Support Enforcement Agency) Ombudsman Anne Bissacco On May 28, 2014, I had the opportunity to spend time with Anne Bissacco in an interview for this Ohio Family Law Blog Article.  Anne is the Ombudsman and Customer Relations Supervisor for the Child Support Enforcement Agency (“CSEA”) for Montgomery County, Ohio.  What is an “ombudsman”?  Webster’s New World Dictionary defines the word as follows: “A public official appointed to investigate citizens’ complaints”.  This is exactly the role that Anne performs.  She listens to…
  • DOMA: Same-Sex Marriage Rights Update

    Robert L. Mues
    12 Jul 2014 | 1:19 am
    A Look At The Same-Sex Marriage Law And The Defense of Marriage Act (DOMA), One Year Later A few weeks ago marked the one year anniversary since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court of the United States.  This article aims to analyze changes and new laws that have arisen since this decision, discussing where the states and national laws stand in regards to same-sex marriages. What was the DOMA ruling? The decision regarding the DOMA law was released on June 26,2013.  The decision that struck down the Defense of Marriage Act had some implications; however,…
  • 4th Of July Family Memories: The Red Ones Are the Best!!!

    Robert L. Mues
    5 Jul 2014 | 12:22 am
    Family Law Attorney Chip Mues Recalls A Remarkable 4th of July Vacation Set In Maine It seemed appropriate that I should write something for the family law blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence…
  • Animal Protection: New Bill Would Shield Pets From Abuse

    Robert L. Mues
    27 Jun 2014 | 11:55 pm
    Should Domestic Violence Protection Orders Protect the Family Pet Or Animal Against Abuse? A bill introduced in August 2013 would amend domestic protection order laws to include your furry friend.  The new (potential) law seeks to add “companion animal” to protective order abilities.   The new bill seeks to add the language… The court may include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of…
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    NJ Family Legal Blog

  • LITIGANT BARRED FROM APPEARING IN DIVORCE MATTER THROUGH DESIGNATED POWER OF ATTORNEY

    29 Jul 2014 | 6:44 am
    A power of attorney can be a necessary, if not critical mechanism by which to accomplish certain activities in one’s life, where the person instilled with such power acts as an agent on behalf of the appointing individual.  For instance, elderly or disabled individuals often designate someone, often a relative, with a power of attorney to handle financial affairs, real estate matters, and even court proceedings.  Indeed, the appointee can do whatever he or she is allowed to do pursuant to the written POA, which can be tailored to a specific situation.  The written POA is signed by…
  • CHANGING YOUR NAME POST DIVORCE

    22 Jul 2014 | 6:36 pm
    In my opinion, most people (typically women) decide whether or not to change their name to a maiden name at the actual time of the divorce proceeding, if not sooner.  The decision is a largely personal one and in my years of practice I’ve heard the gamut of reasons why to or not to change from the married name.  N.J.S.A. 2A:34-21 is the statute that governs legal name changes in our state. Rarely do we see the courts chime in on this issue, because generally its quite mundane.  However, a recent published trial court opinion stemming out of Passaic county gives guidance on when is…
  • ABA BLAWG 100 – PLEASE NOMINATE THE NEW JERSEY FAMILY LEGAL BLOG

    17 Jul 2014 | 9:14 am
    We have been writing the New Jersey Family Legal Blog since 2008.  The writing has been a labor of love for us and has been very well received.  Aside from the satisfaction of seeing that thousands of people read the blog each month, we have heard from judicial law clerks and other lawyers about how much they enjoy the blog and use it as a resource – sometimes their first resource when doing reseach.  Sometimes we even see our posts used against us by adversaries. Each year, the ABA Journal publishes the ABA Blawg 100, recognizing the 100 best legal blogs.  We would ask that you…
  • THE DAY “DADDY” BECAME “DAD” – CHILDHOOD GOES BY QUICKLY

    9 Jul 2014 | 1:10 pm
    I experienced a bittersweet moment this weekend.  My family was away for the holiday weekend (the weekend before my daughter’s 11th birthday), and she had a friend with her.  All of a sudden, gone was “daddy” only to be replaced by the much more mature sounding “dad” when she spoke to me.  I was not angry.  In fact, words cannot express the love and pride I have for both of my children.  That said, it was a stark reminder about how fast children grow up.  In a instant, she graduated from that sweet little girl to a mature (most of the time) pre-teen.  It…
  • A CHANGE IS GONNA COME – NEW JERSEY LEGISLATURE OVERWHELMINGLY PASSES ALIMONY REFORM BILL

    1 Jul 2014 | 7:36 am
    After almost three years of legislative discussions, negotiations, arguments, and the like, alimony reform is coming to New Jersey in what is turning out to be light speed.  Late last week, the New Jersey State Assembly unanimously passed a compromised form of long-debated legislation that would represent what many consider to be a substantial overhaul of New Jersey alimony law as we know it.  Today, the Senate Judiciary Committee approved the bill, after which it was granted ”emergency” status, and followed by a full Senate vote.  The bill now rests on Governor…
 
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    Texas Family Law Blog

  • How Should a Texas Employer Handle a Wage Withholding Order/Notice?

    30 Jul 2014 | 9:29 am
    You’ve just received a document entitled “Order/Notice to Withhold Income for Child Support,” or some similar title, related to one of your employees.  Now what? First, do not ignore this document! A Texas employer who knowingly fails to withhold court-ordered child support may be subject to a $200 fine for each pay period during which it failed to withhold income and remit child support to the appropriate agency. You are required to begin deducting for child support during the first pay period following your receipt of this Order/Notice. Under Section 158.206 of the Texas Family…
  • Identify Theft Meets eFiling: Protecting Sensitive Data in Pleadings

    28 Apr 2014 | 10:07 am
    What’s a lawyer to do?Texas statutes require that all pleading include certain identifying information for named parties: full legal names, portions of social security numbers, and portions of drivers’ license numbers, while family law matters include dates of birth, dates of marriage, maiden names, home addresses, vehicle identification numbers, or even bank names and partial account numbers in orders related to the parties’ property. Obviously, that type of “sensitive data” in a publicly available record could lead to identity theft by the unscrupulous. And most pleadings are…
  • Effect of Powerball/Lotto Win on Child Support Obligations?

    5 Mar 2014 | 2:55 pm
    A recent Powerball winner may be about to find out that winning isn’t everything, after all.According to news sources, Pedro Quezada, a resident of New Jersey, owes a judgment for unpaid child support in an approximate amount of $39,000.00.  Before the $338 million in lottery funds are released to him, it seems that the State of New Jersey will deduct the amounts owed for his child support obligations.  Seehttp://usnews.nbcnews.com/_news/2013/03/28/17504063-winner-of-338-million-powerball-jackpot-owes-29000-in-child-support?liteAnd, in another twist of fate, Mr. Quezada’s…
  • Putting a “Cap” on Child Support in Texas

    6 Sep 2013 | 8:08 am
    Many people believe that there is a statutory “cap” or maximum amount of child support permitted under Texas law.  This belief is only partially correct.Texas has enacted statutory guidelines which apply various percentages – depending on the number of children the parent must support – but only to the first $8,550.00 of an obligor’s monthly net resources. See Tex. Fam. Code §§ 154.125 et seq. (before Sept. 1, 2013, the percentages were applied only to the first $7,500).So, for example, if you receive annual income of more than $102,600.00, your income in excess of that…
  • Deviating from Texas Child Support Guidelines

    14 Mar 2013 | 11:54 am
    The amount of child support based on the statutory percentage applied to an obligor’s monthly net resources is presumptive, but a court may vary from the guidelines amount – upward or downward – based on a number of different factors. Relevant factors (not an exhaustive list) may include:The age and needs of the child;The child’s educational expenses beyond secondary school;Payment of health insurance or uninsured medical expenses for the child;Extraordinary educational, healthcare or other expenses of the parents or the childWhether either parent has managing conservatorship or…
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    Lewis Kannegieter Law, Ltd.

  • 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…
  • Will My Spouse Have to Pay My Lawyer’s Fees?

    JRLK
    9 Jun 2014 | 8:00 am
    A frequent question I hear is “Will my spouse have to pay my attorney’s fees?” My answer to this is “Don’t count on it.” In Minnesota, attorney’s fees can be awarded one of two ways: need-based or conduct-based. Need-based awarded mean that one party cannot afford the fees and that the other party has the means to pay. In many cases this can be a problem as neither party can really afford additional fees. Conduct-based fees are awarded when the court finds a party to be acting in bad faith and unreasonably contributing to the length or expense of the proceeding. As…
  • How a Minnesota Divorce Starts: The Process and the Approach

    JRLK
    19 May 2014 | 8:00 am
    A divorce officially starts with the service of the Summons and Petition. The Summons is a very short document (2-3 pages) which notifies the other party (the Respondent) that a divorce lawsuit has been started. The Summons identifies any real estate owned by the party, provides notice of parent education requirements, encourages alternative dispute resolution, and provides temporary restraining provisions. Once the divorce has been started, neither party is to harass the other, change insurance coverage or beneficiaries, or dispose of marital assets. The petition lays out the facts of the…
  • Trusts in Your Estate Plan

    JRLK
    5 May 2014 | 8:00 am
    While many people consider a “simple will” an important part of taking care of their family after their death, they forget to consider including a versatile option: Trusts. Trusts come into being through a person’s will or a separate legal document establishing that trust. A person who creates a trust is called a “grantor” or “donor.” When a trust is created, the grantor chooses a trustee to manage the assets, or the “principal,” and then an income is paid out of that trust to those the grantor chooses to support, known as the “beneficiaries.” Almost anyone can be the…
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    Iowa Law Blog

  • U.S. Supreme Court to Decide Pregnancy Discrimination Case

    Liz Overton
    25 Jul 2014 | 10:26 am
     On July 1, 2014, the United States Supreme Court granted certiorari in Young v. UPS, Inc. to decide “whether and in what circumstances, an employer that provides work accommodations to nonpregnant employees with work limitations must provide work accommodations to pregnant employees who are ‘similar in their ability or inability to work.’” Young was a UPS “air driver” who became pregnant in 2006.  An air driver is responsible for delivering letters and packages for immediate delivery.  The letters and packages were typically light weight;…
  • Amanda James Joins Sullivan & Ward, P.C.

    Samantha Gronewald
    1 Jul 2014 | 9:04 am
    Amanda James has joined Sullivan & Ward, P.C. as an associate attorney.  Amanda graduated from Drake University Law School in 2008.  Since that time, she has focused her practice on public utility and regulatory work.  She will continue her work in these areas at Sullivan & Ward, P.C. 
  • John T. Ward and Richard R. Chabot Honored

    Samantha Gronewald
    30 Jun 2014 | 9:47 am
    Sullivan & Ward, P.C.'s President and CEO, John T. Ward, was recently honored by the Iowa State Bar Association as a member of the "50 Year" class of 2014.  John graduated from Drake University Law School in 1964 and has been with the firm ever since.  Recently retired, Richard ("Rick") R. Chabot, was also honored.  Rick graduated from the University of Minnesota School of Law in 1964 and joined Sullivan & Ward, P.C. in 1985.  Congratulations to John and Rick on this notable accomplishment!   
  • Nebraska Supreme Court Hears Arguments in Iowa Same-Sex Divorce Case

    Samantha Gronewald
    4 Jun 2014 | 8:53 am
    The Nebraska Supreme Court recently heard arguments in a same-sex divorce case involving two women legally married in Iowa.  Nebraska does not recognize same-sex marriages because of a constitutional amendment that was approved by voters in 2000.  So, the question before the Court, is whether or not the a Nebraska court can grant a divorce without acknowledging the marriage?  An attorney for one of the parties argues that the U.S. Constitution's "full faith and credit" clause requires Nebraska to recognize the marriage.  Given…
  • Return of the Inflexible Leave Policies

    Liz Overton
    3 Jun 2014 | 2:35 pm
    Inflexible leave policies—that is policies which provide a specified time off for personal reasons, including medical reasons—have been declared unlawful by the EEOC.  The EEOC’s position is that inflexible leave policies do not provide the individualized consideration necessary to determine whether leave longer than the specified time is a reasonable accommodation.  Accordingly, many companies have revised their leave policies. However, a 10th Circuit case shows that the rush to revision may have been premature.  The opening statement in Hwang v. Kansas State…
 
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    Divorce And Mediation Blog

  • Shasta Superior Court Family Judge Gibson Denies Existence of Constitution

    11 Jul 2014 | 10:19 am
    OK, so the headline is a slight exaggeration, but the effect is the same: Shasta's Judge Gary Gibson doesn't seem to think you have a Constitutional right to refuse to be a witness against yourself, and God protect the attorney who tells you about that right. [Or at least California's Commission on Judicial Performance, which rarely does anything as far as I can tell, might protect you] We all know about 5th Amendment rights: Basically, the part where you can't be compelled to provide testimony against yourself. Right there, just a couple of amendments below the gun rights part: Been…
  • Divorce and the Founding Fathers..... :)

    6 Jan 2014 | 9:44 am
    According to Garrison Keillor's Writer's Almanac, yesterday was the anniversary of the first legal divorce recorded in what was to become the United States of American. It happened January 5th, in 1643, as a result of the husband abandoning his wife and two children for another woman. Not sure that this signifies anything, other than that divorce is a long standing tradition.
  • Paul Daniel Marks elected to the Family Law Bar Board of Directors

    20 Nov 2013 | 8:02 pm
    On Tuesday night, I was elected by a vote of my peers to the Board of Directors of the San Diego Family Law Bar Association. This is a new organization formed last summer, and is the largest organization of family law lawyers in the county. For decades, the San Diego County Bar Association had a committee of its members who were certified family law specialists - close to 200 of us. I had served a full term on the Executive Committee of that group in the 1990's, and was later appointed to fill out the term of a lawyer who retired. In each case, I was filling a slot for a North County…
  • Divorce and Finances in a Rising Economy....

    18 Sep 2013 | 7:31 pm
    According to an article in the Los Angeles Times, the divorce rate has increased as the economy has improved. This is a situation known to every experienced family law lawyer. When people have few assets and money is tight, they may fight more but they don't feel comfortable terminating their marriages. With the drop in house equity and many houses being upside down, and one or both partners unemployed, at least one of the parties recognizes that there isn't enough money to enable them to maintain two households. So, they stay together until they feel more positive about their finances. In…
  • Domestic Violence Prevention, Death, and Law Enforcement

    25 Jul 2013 | 10:59 am
    New York City has stepped up Domestic Violence Enforcement, according to a recent article in the New York Times. The basic premise behind most Domestic Violence laws is to protect victims, obviously, but also to stop minor problems from becoming big problems because pushing and shoving turns to more serious conduct over time. While some parties and lawyers view Domestic Violence restraining orders as a tactic to gain an advantage at the beginning of a case, such orders may serve a cooling off period that prevents the parties from escalating to more serious behavior out of frustration. As a…
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    Pink Tape

  • Publishing information about family proceedings

    Lucy Reed
    19 Jul 2014 | 2:58 pm
    Many moons ago in June 2009 I wrote a post entitled Writing about family proceedings – a blogger’s guide. A lot has changed since then. Although, oddly, the law has not. What has changed are judicial attitudes to free speech. Some would say what has changed is the balance between free speech and privacy. So I thought I ought to take a look at that post and see how accurate it now is, in light of a wealth of judicial guidance. Actually, it’s not as bad as you might think. The references to the Family Proceedings Rules 1991 are now out of date, but the substance of those…
  • Unforced Error

    Lucy Reed
    18 Jul 2014 | 10:25 am
    I watched ITV’s Exposure – Don’t Take My Child on catch up last night. I have mixed feelings about it. It is a piece of TV that raises important and difficult issues, and contained some hard hitting and well argued discussion of some of the problems with the child protection system in England & Wales, from some eminent sources including Martha Cover, chair of the Association of Lawyers for Children, and Mark Hedley, recently retired High Court Judge. But ITV need ratings, so they spiced up the substance with predictable soundbites, horror stories and hyperbole. And…
  • Association of Lawyers for Children Event

    Lucy Reed
    10 Jul 2014 | 7:03 am
    Some fab looking events coming up at ALC in the near future… See Modern Families in Modern Britain (flyer) here and (leaflet) here. Keynote by the fab-o Theis J. NB event on 22 July – not long!!
  • Child Arrangements Orders

    Lucy Reed
    9 Jul 2014 | 2:54 pm
    So I had an unsolicited query the other day from someone, and I thought it was probably a question that others are asking. It raises a point of general application. “I wondered if you could clarify something for me. If what was originally applied for was a contact order and residence has never been the issue before the court is it correct/possible to have the line that says who the children live with to be left blank, or are all CAOs now going to effectively be residence orders by the back door?  I have read a post on The Custody Minefield blog which suggests it is not true that the…
  • Feel my pain AKA Spamalot

    Lucy Reed
    30 Jun 2014 | 7:30 am
    Today’s inbox delight: Hello, My name is Anthony **** and I run a Lifestyle store. Writing has always been a passion of mine, and in my free time I write Lifestyle related articles.  I am keen to feature an article on your site because it would greatly help me further my cause as a writer of some repute.  Listed below are few article suggestions that you might like: 1)Iconic Chair Designs 2)Flattering Frocks for that Special Prom 3)Choosing a Vintage Themed Wedding 4)Bucking Tradition- Contemporary Themes for a Wedding 5)What to consider when choosing a Wood Burning Stove 6)Tracing…
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    Maryland Divorce Legal Crier

  • The Morning of Trial

    James J. Gross
    25 Jul 2014 | 7:11 am
    The morning of the divorce trial, lawyer Fred Holmes, woke up at 5:00 am without an alarm clock. He stumbled downstairs to feed the cat and the fish. He put away the dishes from the dishwasher, fixed himself a bowl of Honey Nut Cheerios, and added some fresh blueberries and skim milk.  He made a fresh cup of coffee with the Netpresso machine and poured in some Amaretto flavored cream. He flicked on the tv to watch the morning news while he ate his breakfast.  The international situation was desperate as usual. Then he did 15 minutes of P90X Plyometrics and 100 pushups in sets of 25 with a…
  • Spurious Correlations

    James J. Gross
    8 Jul 2014 | 11:51 am
    I read today that heavy use of social media correlates well with the divorce rate.  I’m thinking is it social media that creates marital difficulty or is it people who are in unhappy marriages spend more time on social media?  Which is the cause and which is the effect? Statisticians say that correlation does not imply causation.  Tyler Vigen, a Harvard Law student, posts daily graphs at Spurious Correlations that show some interesting relationships between random data. For example the more lawyers there are in Virginia, the lower the number of divorces becomes. And the divorce rate in…
  • Facebook Predicts Which Relationships Will Last

    James J. Gross
    7 Jul 2014 | 11:31 am
    Facebook has developed an algorithm that predicts whether your relationship will last or not. Researchers looked at 1.3 million Facebook users to determine their “dispersion”. Dispersion is the extent of overlap in two people’s mutual friends. If you have high dispersion, you each have your own set of friends. Low dispersion means your friends are friends with one another. High dispersion relationships are likely to last, but low dispersion relationships tended to be over in about two months. The conclusion is that you are more likely to have a strong relationship if you each maintain…
  • Social Media Prenups

    James J. Gross
    25 Jun 2014 | 12:31 pm
    Prenuptial agreements, and postnuptial agreements, are used to determine financial aspects of a marriage or divorce.  But you can also add lifestyle clauses to deal with non-financial matters as well.  The Weinberger Law Group suggests a social media clause. A social media prenup clause would provide that neither party would put any negative, disparaging, embarrassing, insulting or unflattering content on Facebook, Twitter or other social media.  You might agree not to post photos of the children or anything about family finances.  Some couples agree they will not post anything about each…
  • Persuasion by Silence

    James J. Gross
    6 Jun 2014 | 11:12 am
    Silence can be useful in negotiations. Someone once said what I didn’t say in my letters was more important than what I did say.They were obviously reading my silent message in the blanks between the lines. Here is a good example of how to use silence from David Mamet’s play, Glenngary Glen Ross: LEVINE Now I handed them the pen.I held it in my hand. I turned the contract, eight units eighty-two grand. “Now I want you to sign.” (pause) I sat there.Five minutes.Then, I sat there, Ricky, twenty-two minutes by the kitchen clock. (pause) Twenty-two minutes by the kitchen…
 
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    Fathers' Rights Not Just Every Other Weekend

  • Man Jailed for Child Support that Employer Failed to Pay

    James J. Gross
    10 Jul 2014 | 12:50 pm
    Clifford Hall, 43, of Houston was sentenced to six months in jail for failure to pay child support. After exhausting his appeal rights, he turned himself in and began serving his sentence last week. But then AT&T, his employer, provided an affidavit that it had withheld the incorrect amount from his paychecks. He was released from jail.
  • Custody of Children

    James J. Gross
    2 Apr 2014 | 8:21 am
    Guest post by David Williamson Mothers Obtain Child Custody More Often than Fathers In 82% of cases, mothers get custody of the children.  One reason for this may be, that On a purely statistical stand point, mothers are the primary up-bringer of the children (data:  2009). Even in cases where both parents work, statistics show mothers spend twice as much time engaged in primary childcare responsibilities than the fathers with mothers at 12.9 hours a week and fathers at 6.5 hours. Court Involvement in Child Custody In terms of how courts involve themselves in the custody process, a mere 4%…
  • How I Got My Son to Do His Homework with a Poem

    James J. Gross
    24 Feb 2014 | 9:57 am
    Today is my day to take my 10 year old son to school.I told him his mom left instructions for me to make sure he does his spelling. “Why?” he said.“The test is four days away.” “Theirs not to reason why.Theirs but to do and die,” sprung from my lips before I could think about it. “What?” he asked. “It’s from a poem by Alfred Lord Tennyson, Charge of the Light Brigade,” I answered.  I looked it up on the Internet and read it to him: Half a league, half a league, Half a league onward, All in the valley of Death Rode the six hundred. “Forward, the Light Brigade!
  • States Consider Shared Parenting Laws

    James J. Gross
    7 Feb 2014 | 12:32 pm
    Arkansas passed a law last year providing for “approximate and reasonable equal division of time” of children between parents in divorce proceedings. The Connecticut General Assembly has created a task force to study family law issues, including whether the state should have a presumption in law that shared custody is in the best interest of children. The Maryland General Assembly created a Commission on Child Custody Decision Making last year. Florida pass a shared parenting bill last year, but it was vetoed by Republican Gov. Rick Scott. Minnesota passed a bill in 2012 that…
  • Kansas Sperm Donor Sued for Child Support

    James J. Gross
    24 Jan 2014 | 12:22 pm
    William Marotta of Topeka, Kansas, answered an ad on Craigslist to be a sperm donor for a lesbian couple who wanted a child.He signed a contract saying he would have no parental rights nor responsibilities. Following the birth, the mother, the child’s mother, Jennifer Schreiner, applied for public assistance.The Kansas Department for Children and Families has paid her about $6,000 in public assistance.That agency filed suit against Marotta to recoup the money saying that he owes back and future child support. Besides the contract, there is a law in Kansas that exempts sperm donors from…
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    Family Law Source by Brian Vertz

  • Child Support Taken from Retained Earnings of Business

    Brian Vertz
    23 Jul 2014 | 12:38 pm
    When a business owner in Pennsylvania owes child support, he or she may consider whether to include the retained earnings that are not distributed to owners in calculating child support.  A recent decision of the Superior Court (non-precedential) answers this question by making reference to a previous child support decision.  In M.J. v. S.J., No. 747 WDA 2013 (July 16, 2014), the owner of a consulting business organized as a Subchapter S corporation argued that retained earnings should not be included in his income when calculating child support. His argument may have had merit, but…
  • Parents Held in Contempt of Custody Order for Chronic Tardiness and Spurious CYF Investigations

    Brian Vertz
    23 Jul 2014 | 6:46 am
    Pennsylvania parents who have custody orders may experience frustration when the other parent does not comply.  A recent decision of the Superior Court (unpublished) affirmed the Montgomery County courts, holding both parents in contempt for various violations of their custody order.  In M.B. v. L.G., No. 2947 EDA 2013 (July 18, 2014), the father of a ten year old child filed a custody contempt petition against the child’s mother when she filed a frivolous PFA petition to thwart his custody rights, and initiated a CYF investigation that resulted in an unfounded report. The father…
  • Parent’s Obligation to Pay for College Does Not Justify Child Support Adjustment

    Brian Vertz
    16 Jul 2014 | 12:06 pm
    Parents who are paying for their children’s college tuition in Pennsylvania may wonder if they are entitled to an adjustment of the support obligation for their minor children who have not yet entered college.  The Superior Court recently addressed that issue in an unpublished decision, M.J. v. S.J., No. 747 WDA 2013 (July 16, 2014).  The mother of the children in that case was receiving child support from the children’s father.  At the same time, she was paying college tuition and expenses for a child who was over 18 years old.  She asked the hearing officer, during a…
  • World’s Most Expensive Divorce

    Brian Vertz
    31 May 2014 | 10:52 am
    She got less than half, but divorcee Elena Rybovleva, ex-wife of Russian fertilizer king Dmitri Rybovlev, age 47, can hardly complain about what she received in her recent divorce, billed as “the world’s most expensive.”  Out of a $12+ billion fortune, a Swiss divorce court carved out more than $4.5 billion for ex-wife Elena. The stakes were high.  The New York Post outlined some of Mr. Rybovlev’s unbelievable holdings, including an artwork and furniture collection valued between $480 million and $800 million; a $138 million property in Gstaad; a $24 million…
  • Overcoming the Presumption of Joint Title – Convenience Property

    Brian Vertz
    31 May 2014 | 9:34 am
    A Pennsylvania resident who is pursuing a divorce might be concerned about property that is titled in their name for the convenience of a family member, like an elderly parent or a child who has poor credit. A new decision of the Superior Court (unpublished) outlines a legal argument for keeping that property out of the hands of the estranged spouse.  In Werdenbaugh v. Werdenbaugh, No. 1306 MDA 2013 (May 29, 2013), the Superior Court reversed a lower court decision designating real estate titled in the name of a wife and her son as marital property. The real estate was a home that was…
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    Blog entries

  • Book Excerpt & Giveaway: "The D-Word: Divorce Through a Child's Eyes"

    30 Jul 2014 | 5:44 am
    Going through divorce as an adult is not easy by any means. Experiencing one's parents divorce as a child can be extremely difficult and hard to understand.This is the perspective author, blogger and motivator Tara Eisenhard had in mind when she decided to write a novel for both young adults and dRead More...
  • DadsDivorce Live: Taking a Look at Child Custody Issues Affecting Men

    29 Jul 2014 | 2:26 am
    Cordell & Cordell attorney and assistant team leader Heather Biagi discusses important issues related to child custody. She speaks with DadsDivorce editor Katie Davis and helps explains some of the most common issues facing men with custody cases, offering tips for how to best prepare when attempting to get custody of one’s children.
  • How Old Does My Child Have to Be to Decide Who to Live With Permanently?

    25 Jul 2014 | 7:14 am
    Question:What age does a child have to be to be able to choose which parent he or she wants to live with permanently?Answer:While I am not licensed to practice law in your state, I can give some general guidance on this issue.Your stRead More...
  • Celebrating National Parents' Day in 2014

    25 Jul 2014 | 4:42 am
    Did you know that this Sunday, July 27, 2014 marks National Parents' Day? While it may not be as popular as Father's Day or Mother's Day in the United States  yet, National Parents' Day has existed now since January of 1994 and takes place on the fourth Sunday in July each year.Introduced as a bill bRead More...
  • VIDEO: Cordell & Cordell News - July 25, 2014

    25 Jul 2014 | 1:39 am
    DadsDivorce, sponsor Cordell & Cordell law firm and sister site MensDivorce.com have teamed up to present a series of news round-up videos at the end of each week.In this week's news, Cordell & Cordell announced the installation of principal partner Joseph Cordell as the 51st president of the American Association of Attorney-Certified Public Accountants.  DadsDivorce responded to a reader's Ask a Lawyer question regarding a wife who had abandoned the home and chRead More...
 
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    Marilyn Stowe Blog

  • Legal aid cuts supported by just one in four – new research shows

    Stowe Family Law Web Team
    31 Jul 2014 | 4:15 am
    Yesterday marked the 65th anniversary of the founding of the modern legal aid system. It was on 30th July 1949 that the Legal Aid and Advice Bill received Royal Assent. To coincide with the anniversary, the Legal Action Group (LAG) published the results of opinion polling research which shows a lack of public support for the government’s cuts to legal aid. The fieldwork for the polls was carried out by the independent research company Ipsos-Mori. The first poll was conducted in April last year, the month in which the government’s Legal Aid, Sentencing and Punishment of Offenders (LASPO)…
  • Care system veterans say no to open courts

    Stowe Family Law Web Team
    30 Jul 2014 | 11:00 pm
    Young people who have been through the care system do not want increased media access to family courts, a study suggests. Legal charity the National Youth Advocacy Service and the Association of Lawyers for Children interviewed 11 people aged between 16 and 25 who had been through the care system. They were asked about plans to increase transparency in the family courts. All 11 were opposed to greater media attendance at family court hearings. Currently, approved journalists can attend some family hearings but there are stringent restrictions on what they can report. Under rules currently…
  • Brazilian adoption recognised in England and Wales

    Stowe Family Law Web Team
    30 Jul 2014 | 10:21 am
    A couple has been told that the adoption they secured in Brazil will be recognised in England and Wales. In Re G (children), the adoptive parents sought the recognition in order to make it easier for them to relocate to England on a permanent basis. The three children, born in Brazil, had been “neglected”, “undernourished” and “under-stimulated” by their biological parents. The mother was said to suffer from depression and the father was “occasionally abusive”. The children were cared for by the father’s older sister and her husband, called ‘Mr and Mrs G’ in the…
  • Millionaire oil magnate given suspended jail sentence in divorce dispute

    Stowe Family Law Web Team
    30 Jul 2014 | 10:14 am
    Wealthy former oil trader Michael Prest has been given a four week suspended jail sentence after failing to pay his ex-wife £360,000 in maintenance. Mr Prest has been engaged in a long-running divorce dispute with ex-wife Yasmin. She took her claim for 14 properties owned by a number of her ex-husband’s companies, most prominently Petrodel Resources, to the Supreme Court last year, and won the case. Later the same year, however, Mrs Prest returned to court, claiming that her former husband had failed to pay court-ordered maintenance and was now in arrears by hundreds of thousands. He…
  • It’s time to get serious about arbitration

    Marilyn Stowe
    30 Jul 2014 | 8:43 am
    It’s time to face the facts. The coalition government’s obsession with mediation has failed. It is now time to get serious about an alternative which has been overlooked for too long: arbitration. The family courts are overcrowded. A huge number of people seeking a divorce, or the right to see their children have put a significant strain on the system. The government’s solution? Get more people to choose mediation. In an attempt to prove its effectiveness, the government’s action on the issue has proved the opposite: mediation is not the answer. Family disputes are often bitter,…
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    Tripp Atkins, Greenville Divorce Lawyer, Greenville, SC Divorce Lawyer

  • How do South Carolina Family Courts divide property and debts in divorce cases

    Tripp Atkins
    18 Jul 2014 | 5:00 am
    There are two main division methods in divorce law nationwide: community property and equitable apportionment states.  South Carolina is an equitable apportionment state. So, what does that mean? Equitable Apportionment means that South Carolina Family Courts have jurisdiction in a divorce case to divide up the marital assets and debts acquired during the marriage.  Our Code of Laws state that, during a marriage, spouses acquire a special equity and ownership right in the marital property and those rights are subject to apportionment between the spouses.  (See SC Code §20-3-610).  …
  • What should I expect at the initial consultation with my divorce lawyer?

    Tripp Atkins
    16 Jul 2014 | 6:33 am
    When you meet with a lawyer to discuss your divorce case you want to know something tangible.  You have hundreds of questions and worries floating around in your head.  How much with this cost?  What is the worst case scenario?  Will I lose my kids?  How long with this take?  And many more. The initial consultation is a time for you and the lawyer to get to know more about one another.  Your lawyer will likely ask you to complete a new client intake form.  This will ask information about you such as your address, date of birth and other personal information.  It will likely as for…
  • When should you seek modification of your child support?

    Tripp Atkins
    14 Apr 2014 | 5:00 am
    A while back, I made a rare visit to the county jail to meet with a client.  Several years ago, he and his former wife reached an agreement in their divorce about custody, visitation and child support.  Things were pretty good – as far as divorces go. Fast forward a few years…his dependable job and income went away with the recession along with his income.  He wasn’t able to keep his bills current and he quickly fell behind in his child support.  He kept in contact with his former wife and did other things to try to help when he couldn’t make a child support payment.  But he…
  • What do I do about custody, visitation, property, and other issues while the divorce is proceeding?

    Tripp Atkins
    8 Apr 2014 | 6:47 am
    Oftentimes, there are issues that must be addressed early on in a case.  Some of those issues include custody of minor children, child support, visitation, determining who gets to reside in the marital home and spousal support.  This relief comes through a Temporary Order.  Either party may file what is called a Motion for Temporary Relief.  Once filed, a hearing will be scheduled and the motion must be served on your spouse at least five business days prior to the hearing.  South Carolina Family Court Rule 21 states that the only evidence the Judge will consider at the temporary hearing…
  • Almost Daily Inspirational Post: Happiness

    Tripp Atkins
    11 Feb 2014 | 10:47 am
    As you go through a separation or divorce mindset plays a key role in determining how you view the process, the outcome, and how you come out on the other side.  I plan to begin a new series with inspirational quotes to help keep you in a great mindset as you make your way through this process.  Here’s today’s first installment: “The happiness of your life depends on the quality of your thoughts.” – Marcus Aurelius You can make the choice to harbor resentment, anger, hatred, and other negative feelings or you can choose to focus on how your are going to move…
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    Michael C. Craven | Divorce Lawyers Chicago

  • 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…
  • Almost a ‘Do It Yourself’ Divorce

    Michael C Craven
    17 Jun 2014 | 12:30 am
    Step by Step As a divorce attorney, I understand that the cost of a divorce can often be expensive. However, if someone cannot afford the full services of a divorce lawyer, there is a cost-efficient, yet still effective, option – Limited Scope Representation. The state of Illinois expanded the rules regarding Limited Scope Representation just over one year ago. These new rules allow people with limited means to pay for a portion of the legal services needed for their cases rather than hiring an attorney for the entire duration of their cases. Limited Scope Representation, which is permitted…
  • Marriage Equality in Illinois

    Michael C Craven
    6 Jun 2014 | 1:14 pm
    Converting-Civil-Unions-to-Marriage-In-Illinois Marriage-Equality-Is-Here-In-Illinois Marriage equality has reached Illinois and Cook County. As of June 1, the over 23,000 same-sex couples living in Illinois can legally be married throughout their state. Exactly two years before this date, Illinois began to recognize civil unions. However, on November 20, 2013, Illinois governor Pat Quinn signed the Illinois Religious Freedom and Marriage Fairness Act bill into law to legalize same-sex marriage. Now, over six months later, the law has taken effect throughout Illinois. Although same-sex…
 
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    Scaling the Summit: Divorce, Families, & Options

  • Can Alimony continue past Retirement in Massachusetts under the new law?

    24 Jul 2014 | 9:52 am
    Part of the significant ground-swell of support for a change to Massachusetts alimony laws came after the Pierce decision, which ordered alimony to continue past retirement.  While a quick reading of the new alimony statute might lead you to believe otherwise, there are a number of scenarios in which alimony could (and in many cases) will still continue past retirement age.The Alimony Reform Act of 2011, which became effective on March 1, 2012 provides for multiple types of alimony, and for maximum amounts and duration of alimony.  Any alimony orders that were in effect prior…
  • Can the Court order less than the 30-35% formula for Alimony in Massachusetts?

    23 Jul 2014 | 8:04 am
    The Alimony Reform Act of 2011 added a formula to Massachusetts Alimony determinations:"Except for reimbursement alimony or circumstances warranting deviation for other forms of alimony, the amount of alimony should generally not exceed the recipient’s need or 30 to 35 per cent of the difference between the parties’ gross incomes established at the time of the order being issued. Subject to subsection (c), income shall be defined as set forth in the Massachusetts child support guidelines."M.G.L. c. 208 s 53(b) (emphasis added)Mathematical formulas are convenient and many…
  • Middlesex Pilot Program: Fast-Lane Informal Estate Petitions

    22 Jul 2014 | 12:56 pm
    from WikipediaThe Middlesex Probate & Family Court already has a very successful and convenient "Fast Lane" program for so-called uncontested divorce petitions (Section 1A Joint Petitions for Divorce).  It saves time for both the courts and the parties to be able to walk an uncontested matter in to the courthouse and, if all of their paperwork is in order, be heard the same day.According to a press release dated July 9, 2014 (available here), the Court will now be expanding this type of procedure to include Informal Estate Administration Petitions:"Tara E. DeCristofaro, Register of…
  • New Divorce Calculator Apps for Massachusetts

    9 Jul 2014 | 6:00 am
    Kelsey & Trask, P.C. was the first to have an iPhone App for calculating Child Support in Massachusetts and we've recently updated it with a new look.  In addition we are now introducing two new iPhone applications:The Massachusetts Alimony App: Use this worksheet to calculate the maximum amount and duration of alimony in Massachusetts based on the Alimony Reform Act which took effect on March 1, 2012.  The App allows you to save your calculations or e-mail them.    Massachusetts Divorce Calculators App: Includes the following 4 calculators necessary to…
  • Alimony & Property Division: 7 Lessons from the Appeals Court

    25 Jun 2014 | 12:43 pm
    The Alimony Reform Act of 2011 took effect on March 1, 2012 and significantly changed the law in Massachusetts relating to awards of alimony. Today, the Massachusetts Appeals Court released an opinion that addresses some of the questions still surrounding the Act. Hassey v. Hassey, No. 13-P-864 (2014, available for download here). In Hassey, the Appeals Court addressed four primary issues in the lower court's decision:Base Alimony of $8,500 per month - VACATEDSelf-Modifying Alimony of 30% of Husband's gross income in excess of $250,000 - VACATEDTermination of Alimony…
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    Lawdiva's Blog

  • DISBARRED THE SERIES: GARTH DRABINSKY

    Georgialee Lang
    30 Jul 2014 | 8:23 pm
    How far the mighty fall….Garth Drabinsky was an entertainment mogul in the world of theatre, whose productions including Phantom of the Opera, Showboat, Sunset Boulevard, and Kiss of the Spider Woman, garnered nineteen Tony awards for Drabinsky’s production company Livent. Prior to his foray into live theatrical production, he was an independent film producer, and later with a partner co-founded Cineplex Theatres in Canada in 1979, eventually acquiring Odeon Theatres to establish Cineplex Odeon, a venture he was forced out of in 1989 after accumulating unmanageable debt. Born in…
  • Convicted Murderer Teaches Himself the Law, Obtains a New Trial and Acquittal

    Georgialee Lang
    28 Jul 2014 | 5:07 pm
    Rodell Sanders is yet another victim of a corrupt criminal justice system in America. In 1993 he was a member of a gang called the Gangster Disciples in Chicago, Illinois. In December 1993 a carjacking took place resulting in a robbery and the murder of Philip Atkins, the male driver of the vehicle. His female companion, Stacy Armstrong, was also gunned down and left for dead, but she gained consciousness and managed to drag herself to a neighbor who called 911. Stacy Armstrong was shown a photo line-up of possible suspects, one of whom was Rodell Sanders. Despite Ms. Armstrong’s…
  • Would You Hire a 101 Year-Old Lawyer?

    Georgialee Lang
    27 Jul 2014 | 3:00 pm
    Philadelphia lawyer, Murray Shusterman, loves the law and has no intention of retiring anytime soon, despite his pending 102nd birthday. A lawyer since 1936 he practices corporate and real estate law at blue-chip firm Fox Rothschild, a firm with 600 lawyers and 19 offices coast to coast. This remarkable man only stopped driving a car last year, the same year he packed in his golf game…leaves him more time to focus on his first love. But Murray’s longevity as a lawyer also makes him one of America’s oldest citizens, one of only 55,000 persons age 100 or over in the United…
  • Judge Presides Over Child Support Hearing While Conducting an Affair with Litigant

    Georgialee Lang
    26 Jul 2014 | 2:13 pm
    If you were the payor father in a child support hearing and you learned that the judge presiding over your case was having an affair with your child’s mother, how angry would you be? How about if you read an email from the judge to your ex, agreeing with her suggestion that you be sent to jail because you’re in arrears of child support? “I figure if he hasn’t come current by his court date, he gets jail to pay. If he says he can’t bring me the $$, I’ll put him on a tether (electric monitoring) til he brings the receipt…or do “double time”.
  • A Snake in a Suit

    Georgialee Lang
    16 Jul 2014 | 9:24 pm
    New Jersey lawyer Paul Bergrin spent five years working for the “good guys” as a prosecutor in Newark, New Jersey. That is one of the reasons his slide into the ranks of the worst criminals is so astounding. Bergrin then took up a career as a criminal defence lawyer and was hailed as an aggressive and brash advocate who acted for gang members and drug dealers. His clients also included Oscar-nominated actress/singer Queen Latifah and rapper L’il Kim. Bergrin gained a reputation as someone who would do whatever it took to get a client acquitted. His reputation first took a hit when he…
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    Farzad Family Law

  • Parental Gatekeeping and Breaking Barriers in Child Custody Disputes

    Robert Farzad
    29 Jul 2014 | 9:59 pm
    If you want to learn about parental gatekeeping in child custody disputes in California, you came to the right place. We hope you enjoy this article. Parental gatekeeping in California child custody disputes is an old and ongoing problem. Maternal gatekeeping is more dominant than the paternal kind but both can create barriers toward co-parenting, communication, quality time between a parent and child and, ultimately, alienation of affection. In this comprehensive article, we will address parental gatekeeping in child custody disputes, what it is, how it is used, the intent behind it and what…
  • What are Questions to Ask a Divorce Lawyer at the Consultation and Before Hiring One?

    Robert Farzad
    28 Jun 2014 | 10:58 pm
    You got questions? But are they the right ones? Here, we go through what we believe to be the first five questions to ask a divorce lawyer at a consultation and before you hire one. Here are the top five questions to ask a divorce lawyer at a consultation and before you hire one, to determine if he or she is a good fit for you. We know this entire selection process can be stressful, which is why we wrote this article to help you get started. These questions are only intended for California divorce attorneys. If you have a matter out-of-state, please consult with an attorney in your state.
  • California Divorce Brown Formula. Understanding the “Time Rule”

    Robert Farzad
    20 May 2014 | 9:57 pm
    The California divorce Brown formula can be a source of confusion. In this article, we give you valuable insight into the time rule and how it applies. The California divorce Brown Formula, also known as the “time rule”, refers to the 1976 case of Marriage of Brown. The perception is that this case established a rule whereby community property such as retirement benefits can be apportioned based on the amount of time it was earned during the marriage versus pre-marriage and post-separation. Forgive us ahead of time if we get a little technical in this post. It’s sometimes…
  • Finding the Right Forensic Accountant in Orange County for Your Divorce Just Got Easier

    Robert Farzad
    19 Apr 2014 | 7:27 pm
    You want a forensic accountant in Orange County for your divorce or support case but not sure what to look for, right? This article helps you with exactly that. Searching for an Orange County forensic accountant is similar to searching for a divorce lawyer. Many times, you are not sure where to start and what to look for, right? You ask around, perhaps of family, friends or colleagues. You go to your own CPA, the one that does your taxes, and ask if he or she knows anybody. You searched the internet looking for a forensic accountant. You hope a qualified one will pop-up on the first page.
  • Beware of Over Aggressive Divorce Lawyers in Orange County Who Will Churn Your Case

    Robert Farzad
    29 Mar 2014 | 3:19 pm
    There is a difference between aggressive divorce lawyers in Orange County that will represent you properly and those who just want to run up your bill. Be careful and read this article. We tell you how to be. The word aggressive gets thrown around a lot by divorce lawyers, including in Orange County. There is nothing wrong with that as long as it is both right and within the context of intelligent and effective family law representation. I don’t know anybody who goes out and hires an aggressive divorce lawyer so that he or she can waste attorney fees in the process. “I want you to…
 
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    Arizona Family Law

  • Tips for Divorcés to Help Friends Getting a Divorce

    JacksonWhite Law
    22 Jul 2014 | 11:00 am
    Getting a divorce is emotionally exhausting and can become a complicated legal battle.  If you’ve had one, you know that no matter what happens in the end that you’ve learned whole lot from what you went through. This experience can definitely help a friend that is going through a similar situation.  The Huffington Post gave eight tips on how divorcés can help their friends getting a divorce. Advice If your friend does not want to hear advice, don’t give it.  It can come off as judgmental or critical if it is unsolicited. Wait until she asks for it and the advice given should focus…
  • Halle Berry Needs to Pay Child Support

    JacksonWhite Law
    17 Jul 2014 | 11:00 am
    Child support is a complicated area where it seems men are the ones that need to dig deep into his pockets to pay up. However, the Los Angeles Superior Court decided that it would be Halle Berry that would need to pay child support towards her ex-boyfriend, Gabriel Aubrey. Trouble Leading Up to Decision Reaching this decision has been quite a long road for Berry and Aubrey. They began dating in 2005 and had their daughter, Nahla, in 2008. In 2010, Berry and Aubrey broke off their relationship and she began dating her current husband, Oliver Martinez. They married in 2013. However, since the…
  • Even After Divorce-They’re Still Your Step Child

    JacksonWhite Law
    15 Jul 2014 | 8:52 am
    Divorcing a spouse does not divorce an individual from their stepchildren. According to the “relationship” piece of the dependency exemption, the stepchildren will remain stepchildren despite a divorce. One example of this was the case of Tony R. Duncan. Mr. Duncan was married in 2008 to Candice Le Arbogast. Candice entered the marriage with two children, referred to as B.E. and H.A. With the divorce on Duncan and Arbogast in 2011 he figured he would be “divorced” from his stepchildren as well. When filing taxes, the dependency exemption for B.E. and H.A. is when things get confusing…
  • Tragic Child Abuse Case: Mother Kills her 5 Year Old Son with Salt

    JacksonWhite Law
    10 Jul 2014 | 8:43 am
    Just after Garnett Spears was checked into Maria Fareri Children’s Hospital doctors were concerned at the child’s salt levels. The child had already been seen by 2 hospitals, and the child’s situation was raising speculation of child abuse. Lacey spears, the mother, was stopped in the hall by a doctor who explained to her it was not metabolically possible for her son’s body to produce the salt level reported by Nyack Hospital. Although internally, Maria Fareri Hospital was watching out for child abuse, the word did not leave the hospital. Usual protocol is to contact authorities and…
  • Steps to Keep Your Divorce Separate From the Workplace and Protect your Career

    JacksonWhite Law
    8 Jul 2014 | 9:00 am
    A divorce is a life changing event that can greatly affect both parties mentally, emotionally, physically, and financially. With all of the change, it is hard to keep it from greatly affecting everyday life and the workplace. One man, after receiving divorce papers from his wife, fell into drinking and one day exploded at work, leading him to be fired. This is seen more times than not, someone experiences the tragedy of a divorce and it affects them at work, wreaking havoc on the individual’s career. Vikki Ziegler, a divorce attorney and star of the Bravo series “Untying the Knot”…
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    Fairfax Family Law Blog

  • GM investigated for hiding information about defective product

    Surovell Isaacs Petersen & Levy PLC
    25 Jul 2014 | 7:36 am
    Most people generally do not expect to be at risk from the products they choose to use on a frequent basis. However, the reality is that there are many products that cause injury that remain on the market. Sometimes, the product maker is unaware of the risk of injury or harm until an incident occurs. However, in other cases, the maker is well aware of the risk posed by a defective product, but fails to disclose or warn due to profit motives. Based on information obtained from the National Highway Traffic Safety Administration, it seems that the automaker General Motors may have been aware,…
  • Woman sues for damages after head injury

    Surovell Isaacs Petersen & Levy PLC
    16 Jul 2014 | 2:39 pm
    Injuries, sickness or medical problems can create many problems for Virginia residents, especially when they are unexpected and not planned for. Some problems, such as a head or brain injury, can be even worse than others, however. In the case of many brain injuries, symptoms can be debilitating and the injury may require extensive treatment or necessitate long-term care. When a brain injury results from the actions of another person, it may be necessary to file a personal injury lawsuit in order to recover the compensation needed to cover medical expenses and other damages. An empolyee of…
  • Rear-end collision in Virginia kills 1 and injures 4

    Surovell Isaacs Petersen & Levy PLC
    9 Jul 2014 | 10:24 am
    A devastating auto accident can occur in the blink of an eye. There is almost no limit to the ways that a collision can be caused. While some of the accidents that result are relatively minor fender-benders, other car accidents can cause very serious injuries or even fatalities. Recently, two cars and several people were involved in a collision that resulted in one fatality and injuries to several others. The accident occurred in Virginia near the city line between Norfolk and Virginia Beach just after 9:00pm one day. The man who was killed in the accident had stopped his vehicle in the road…
  • Virginia man trapped between two vehicles in accident dies

    Surovell Isaacs Petersen & Levy PLC
    1 Jul 2014 | 10:11 am
    Sometimes it is not always crystal-clear what led to a motor vehicle accident. Accidents involving more than two vehicles can become especially complicated. Fortunately, there are professionals available to help sort out the details and determine fault. A recent multi-vehicle accident in Virginia seriously injured one man and killed another who was trapped between two vehicles. According to police, one vehicle was heading southbound when it stopped in a lane of traffic. The driver exited his vehicle to put an object into the vehicle's trunk. A second vehicle in the same lane then crashed into…
  • Woman sues outlet store after slip and fall accident

    Surovell Isaacs Petersen & Levy PLC
    27 Jun 2014 | 7:27 am
    Even though Virginia consumers probably believe that shopping is a relatively safe experience, the reality is that there are many risks in public stores and facilities. Property owners do not always take adequate care to keep the premises in good repair or warn customers of temporary risks, like wet floors. As a result of this oversight, customers sometimes suffer injuries that are the fault of the property owner. One of the most common types of these occurrence is a slip and fall accident. A woman who fell while shopping in an outlet store has sued the store for damages to compensate her for…
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    911 Biker Law - Tampa and Orlando Motorcycle Accident Attorneys

  • Tips for Making an Injury Claim After an Accident

    Biker Law
    21 Jul 2014 | 1:12 am
    An evening ride can turn horribly wrong in a matter of seconds. A biker swerves onto the shoulder to avoid getting sideswiped by an SUV and gets ejected off her bike and onto incoming traffic.Her biker buddies drop their bikes to avoid hitting her. They all suffer road rash, broken bones and other serious injuries. It’s a story ripped straight from the headlines and is told more often than we realize. The number of people killed in motorcycle crashes in Florida and nationwide is steadily increasing, according to the Governor’s Highway Safety Association. Florida, Texas and California have…
  • Tips on Buying your First Motorcycle

    Biker Law
    7 Jul 2014 | 12:54 am
    If you’re interested in purchasing an alternative mode of transportation, a motorcycle can be a great option. Motorcycles are fuel-efficient, have low insurance costs, and most drivers find them more exciting than driving a car. Before you make the purchase, here are a few tips to consider when buying your first motorcycle. Image Courtesy of the US Navy Assess Your Needs One of the first things you should do when considering a motorcycle purchase is assess your needs. Will you be driving long distances? Will there be lots of traffic? How often will you be taking the highway? These questions…
  • Moped Laws in Florida

    Biker Law
    16 Jun 2014 | 1:03 am
    With increases in gas prices and warm summer months ahead, more people are turning to mopeds as an economical way to get from one destination to the next. Mopeds are slow-moving motorized bicycles with speeds of no more than 30 mph on level ground. In Florida, a moped is defined as having: A seat for the rider 3 wheels or less A motor of two-brake horsepower or less Pedals that allow the rider to propel the vehicle An automatic power drive system that doesn’t require the rider to manually change gears Displacement of 50 cc or less Image Courtesy of Steven Worster on Flickr Operating a moped…
  • Tips for Getting Ready for Summer Motorcycling

    Biker Law
    9 Jun 2014 | 1:21 am
    For motorcycle owners, summertime means an opportunity for long days filled with riding. Whether you’re taking a cross-country road trip or simply exploring what’s in your own backyard, there are a few things that every rider should do to prepare for the season. Image Courtesy of Craig Howell If your bike has been in storage over winter, it’s important to have a thorough maintenance check of your bike. Before servicing your bike, refer to the owner’s and service manuals for inspection lists that will help tailor your maintenance to your bike’s specific model. You can either take…
  • Preventing Motorcycle Theft

    Biker Law
    27 May 2014 | 12:50 am
    May is Motorcycle Safety Awareness Month and Florida is a popular destination for motorcycle enthusiasts who want to soak up some sun and check out the scenic coastal highways. Highway officials are asking motorists to take extra caution around motorcyclists and “share the road.” Warmer months mean more motorcyclists on the road, which increases exposure to thieves. According to the National Insurance Crime Image Courtesy of Driver Photographer on Flickr Bureau, motorcycle thefts occur more frequently in the summer with June, July and August having the most thefts while December, January…
 
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    Family Law Express Brief

  • Vexatious Litigants & Family Law Proceedings in Australia

    Megan Hosiosky
    28 Jul 2014 | 5:20 pm
    Family law proceedings are sometimes punctuated with unexpected events that may at times hinder or even halt proceedings. These events can occur as a result of misuse of role, and applies to all parties to proceedings including the legal representatives and the judicial officers. We have previously discussed “How to Remove a Judge or/and an ICL from Proceedings“, and now we will look at how the Courts can remove a litigant from proceedings and under what circumstances. Litigation is not a process that is embraced by individuals involved. It can be extremely stressful,…
  • Independent Children’s Lawyers (ICL) & Australian Family Law

    Karan Dayal
    16 Jul 2014 | 6:23 am
    An independent children’s lawyer (ICL) is a lawyer who advocates for the best interests and welfare of a child in relevant proceedings under the Family Law Act 1975 (Cth). The Family Court will order that a child be represented by an ICL if the child’s best interests or welfare is of significant importance to the proceedings and it appears to the Family Court that the child’s interests ought to be independently represented by a lawyer1. In the case of Re KNicholson CJ, Fogarty and Baker JJ set out an extensive list of some circumstances which might call for the appointment of an ICL.
  • Family Law Jurisdictions in Australia and the Roles They Play

    Julie cheung
    14 Jul 2014 | 1:41 pm
    Different courts have the power to handle different subject matters. Whether your disputed matter can be heard by a particular Court depends on their jurisdiction. This article explains the various family law jurisdictions exercised by the Courts in Australia. Jurisdiction is the power conferred by statutes for the Courts to address certain subject matters under those Acts. There are different types of jurisdictions that allow the courts to hear different types of subject matters. The two main types of jurisdiction of a court are the original jurisdiction and the appellate jurisdiction. The…
  • Divorce and Property Dispute: Preparing for Litigation

    Dinesh Munasinha
    7 Jul 2014 | 7:18 am
    In the previous two articles under this series we discussed how the Courts divide the property in cases of divorce and separation. 1 and secondly, the tax implication and tax planning tools in such a separation 2 In this final article I wish to discuss the method by which the parties can protect their properties using the knowledge of the first two articles.  This article especially will help those who are preparing themselves for the daunting task of litigating. You may recall that in the first article we discussed how the Family Law Courts look at a four step process by which they reach…
  • Audio Recordings as Evidence in Family Court Proceedings

    Jessica Goddard
    2 Jul 2014 | 5:44 am
    In admitting any evidence in Court parties must remain mindful that through doing so they are seeking to persuade the Court of a particular fact. More specifically, there are three key issues that parties should consider before producing evidence. Firstly, parties should consider how to present to the Court evidence of the fact that they are claiming. Secondly and very importantly, parties need to consider whether the evidence is admissible, that is permitted, as evidence in the relevant proceeding. And thirdly, parties should consider the weight and importance of the evidence and its…
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