Family Law

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  • Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale

    Missouri Divorce and Family Law Blog
    Kansas City Divorce Attorney Mark Wortman
    17 May 2013 | 2:53 pm
    Recent ruling NC v. CC Missouri Court of Appeals, Eastern District - ED95337     Husband appeals from the trial court's Amended Judgment and Decree of Dissolution of Marriage dated June 2, 2010, ordering Husband to pay monthly maintenance to Wife and dividing the parties' property and debts. Husband challenges the validity of the trial court's order, and the court's orders regarding maintenance and the division of property and debts. Decision: In a dissolution judgment ordering the sale of a marital residence, the judgment must specifically designate how the marital…

  • Millionaires Fight Over $50,000 A Month Child Support Payments

    South Carolina Family Law Blog
    J. Benjamin Stevens
    24 May 2013 | 5:30 am
    A recent New York Times article discussed an especially scandalous story involving hedge fund millionaires, a love child and a potential gold-digging, Mount Everest-climbing socialite. The story begins in Aspen, Colorado, a city full of wealthy jetsetters looking to mingle. It was there that Warren Lichtenstein, a Wall Street financier, met Annabelle Bond, a British socialite and mountain climber who once summited Mt. Everest. The two quickly began a relationship and, five years ago, had a child together. Though they got engaged, they never married and broke up soon after their daughter was…

  • New Jersey Follows Florida’s Lead Toward Ending Permanent Alimony

    South Carolina Family Law Blog
    J. Benjamin Stevens
    23 May 2013 | 5:30 am
    As we recently discussed, Florida’s legislature took up a measure that would end permanent alimony in that state. Following hot on its heels, the New Jersey legislature recently began considering a bill that would make a major change to its state divorce law. Some states, including South Carolina, still permit “permanent” alimony, meaning after a divorce one spouse can end up paying money to the other spouse for the rest of their lives. Under New Jersey’s current law, the court may award four types of alimony: permanent, limited duration, rehabilitative, and reimbursement.

  • Windsor v. United States

    Family Law Prof Blog
    Family Law
    20 May 2013 | 2:30 am
    From Angelique Devaux, writing for I-CONnect: To marry or tax me. This could be the modern Shakespeare quote heard in the oral arguments last March 27th at the US Supreme Court in the pending case Windsor v. United States. But...

  • Parenting Plans and 'Tacked On' Vacation For Extended Parenting Time

    Dads Divorce and Fathers Rights Blog
    21 May 2013 | 5:00 pm
    Question: In my parenting plan it reads the father will have two uninterrupted weeks during the summer. One of the weeks we agreed to will start on a weekend they are with me. The problem is the next weekend is not my planned weekend with them but is Father's Day so I will have my kids again. My question is would my uninterrupted week start when I picked them up for my weekend or at the end of my weekend?
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    South Carolina Family Law Blog

  • Millionaires Fight Over $50,000 A Month Child Support Payments

    J. Benjamin Stevens
    24 May 2013 | 5:30 am
    A recent New York Times article discussed an especially scandalous story involving hedge fund millionaires, a love child and a potential gold-digging, Mount Everest-climbing socialite. The story begins in Aspen, Colorado, a city full of wealthy jetsetters looking to mingle. It was there that Warren Lichtenstein, a Wall Street financier, met Annabelle Bond, a British socialite and mountain climber who once summited Mt. Everest. The two quickly began a relationship and, five years ago, had a child together. Though they got engaged, they never married and broke up soon after their daughter was…

  • New Jersey Follows Florida’s Lead Toward Ending Permanent Alimony

    J. Benjamin Stevens
    23 May 2013 | 5:30 am
    As we recently discussed, Florida’s legislature took up a measure that would end permanent alimony in that state. Following hot on its heels, the New Jersey legislature recently began considering a bill that would make a major change to its state divorce law. Some states, including South Carolina, still permit “permanent” alimony, meaning after a divorce one spouse can end up paying money to the other spouse for the rest of their lives. Under New Jersey’s current law, the court may award four types of alimony: permanent, limited duration, rehabilitative, and reimbursement.

  • Five Relationship Tips to Help Save Your Marriage

    J. Benjamin Stevens
    22 May 2013 | 5:30 am
    Yes, our firm handles a lot of divorce cases in Spartanburg, Greenville, and the surrounding area. However, contrary to popular belief, we are not pro-divorce by any means. As I said in an interview with a local television station several years ago, I believe divorce lawyers are a “necessary evil” in today’s society. If a marriage can be saved and made healthy again, that’s always a better outcome than divorce. While many marriages are simply not salvageable, we sincerely hope the following tips might help save a few of them: Find the Right Ways to Communicate…

  • Does the Internet Strengthen Marriage?

    J. Benjamin Stevens
    21 May 2013 | 5:30 am
    A surprising study discussed in the Wall Street Journal linked a connection to the internet to an increase in marriage rates. Surprisingly, the study found that marriage rates among young couples, which had been on the decline for years, are actually between 15 and 30 percent higher than they would be without the existence of the internet. The study’s author, Andriana Bellou, found that there is a convincing causal correlation between the internet and marriage rates. Bellou, an assistant professor of economics at the University of Montreal, based her findings on data she examined from 1990…

  • Failure to Pay Child Support on the Increase – Possibly Leading to Jail Time

    J. Benjamin Stevens
    20 May 2013 | 5:30 am
    Several articles have appeared in newspapers across the country discussing parents who have fallen behind on their child support payments. Not only have the parents accumulated substantial arrearages, but several are now facing jail time as a result of their actions – sparking a discussion about whether this approach helps or hurts the situation. In one case, a woman from Texas was charged with two counts of felony non-support for falling thousands of dollars behind on her child support payments. The woman was fined thousands and given a five-year- suspended sentence for her actions. A New…
 
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    family law news - Google News

  • Maintenance Pending Suit Revisited - Family Law Week

    24 May 2013 | 7:28 am
    Maintenance Pending Suit RevisitedFamily Law WeekAlexander Chandler of 1 King's Bench Walk, Temple, London revisits and updates an article originally published in February 2010 in light of changes brought about by the Family Procedure Rules 2010. Alexander Chandler, barrister, 1 King's Bench Walk

  • Neglect neglected in the Crime and Courts Act - Family Law Newswatch

    24 May 2013 | 3:32 am
    Neglect neglected in the Crime and Courts ActFamily Law NewswatchBaroness Elizabeth Butler-Sloss, in her Foreword to The Criminal Law and Child Neglect: an independent analysis and proposal for reform (2013, Action for Children) argues that s1 is now 'unfit for purpose'. The Advisory Group of independent experts,

  • Samantha Bangham's Week in Cases 24 May 2013 - Family Law Newswatch

    24 May 2013 | 12:02 am
    Samantha Bangham's Week in Cases 24 May 2013Family Law NewswatchSamantha Bangham - Family Law Reporter To commence proceedings I will firstly deal with the most disturbing judgment on offer this week before moving on to the more palatable types of cases involving financial remedies and judicial review. Warning: if

  • RATINGS RAT RACE: 'Modern Family', 'Law & Order: SVU' & 'Criminal Minds' Hit ... - Deadline.com

    23 May 2013 | 9:18 am
    Zap2it.comRATINGS RAT RACE: 'Modern Family', 'Law & Order: SVU' & 'Criminal Minds' Hit Deadline.comOn ABC, Wednesday marked the Season 4 finale of Modern Family (3.6/11) at 9 PM. In a season that saw the comedy post its first adults 18-49 win over American Idol, last night's episode dipped 3% from its May 14 show. While the highest-rated show of the Wednesday TV Show Ratings: MasterChef, Chicago Fire, Nashville, Modern TV Series FinaleToday's News: Our Take - Ratings: Modern Family, Criminal Minds, SVU Finales Geneseo Republicall 54 news…

  • How to Find a Good Family Law Attorney with Free Consultation - SBWire (press release)

    23 May 2013 | 8:00 am
    How to Find a Good Family Law Attorney with Free ConsultationSBWire (press release)One way to address how to find a good family law attorney is by utilizing a lawyer referral service. There are many of these online, and they're easy to find. These organizations take one's information and place it into their databases. Such and more »
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    Family Law Prof Blog

  • Guest Post: Family law-definition and working

    Family Law
    24 May 2013 | 2:10 am
    Family law is that branch of law which has to deal with the family related issues and also domestic relationships. These relations can be between two people, unions, partners etc. The domain of family law works with: Civil unions, domestic...

  • Pimentel: "Criminal Child Neglect and the 'Free Range Kid': Is Overprotective Parenting the New Standard of Care?"

    Family Law
    23 May 2013 | 12:49 am
    David Pimentel (Ohio Northern University - Ohio Northern University College of Law; Florida Coastal School of Law) has posted his article Criminal Child Neglect and the 'Free Range Kid': Is Overprotective Parenting the New Standard of Care?, Utah Law Review,...

  • Rich Despite Divorce

    Family Law
    22 May 2013 | 1:46 am
    From Forbes: In December of last year, pharma kingpin Steward Rahr and his wife Carol announced that they would be divorcing after 43 years of marriage. The process was to be an amicable one, Rahr told me. Today, the NEew...

  • On Marriage

    Family Law
    21 May 2013 | 1:12 am

  • Windsor v. United States

    Family Law
    20 May 2013 | 2:30 am
    From Angelique Devaux, writing for I-CONnect: To marry or tax me. This could be the modern Shakespeare quote heard in the oral arguments last March 27th at the US Supreme Court in the pending case Windsor v. United States. But...
 
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    Missouri Divorce and Family Law Blog

  • Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale

    Kansas City Divorce Attorney Mark Wortman
    17 May 2013 | 2:53 pm
    Recent ruling NC v. CC Missouri Court of Appeals, Eastern District - ED95337     Husband appeals from the trial court's Amended Judgment and Decree of Dissolution of Marriage dated June 2, 2010, ordering Husband to pay monthly maintenance to Wife and dividing the parties' property and debts. Husband challenges the validity of the trial court's order, and the court's orders regarding maintenance and the division of property and debts. Decision: In a dissolution judgment ordering the sale of a marital residence, the judgment must specifically designate how the marital…

  • Temporary interruption from enrollment because of extraordinary circumstances and intent to re-enroll constitutes exception to the continuous enrollment requirement; No overnight credit when overnights not likely; misconduct supports attorney fees

    Kansas City Divorce Attorney Mark Wortman
    3 May 2013 | 12:40 pm
    Recent Ruling LP v. EP, WD75030 Missouri Court of Appeals Following a bench trial, the trial court entered a judgment of dissolution, dissolving the marriage of Mother and Father. The trial court divided the marital property, established custody and awarded child support to Mother. On appeal, Father alleges the trial court erred in (1) "not making a just and equitable distribution of property" in that it accepted Mother's valuation of the home and not the appraiser's opinion; (2) ordering Father to pay a portion of Mother's attorney fees, alleging that there was no substantial…

  • Missouri Divorce FAQ Series: How long will does a divorce case take from beginning to end

    Kansas City Divorce Attorney Mark Wortman
    30 Apr 2013 | 12:34 pm
    The duration of a divorce in Missouri varies from case to case.  Factors that determine length include how contested the case is, the cooperation of the parties, whether or not there are two attorneys involved, the complexity of the issues, whether or not there are issues of abuse or neglect of children and the appointment of a guardian ad litem, whether or not the case goes to trial, the county where the case is filed, involvement of experts, and other case specific factors. On the short end, a Missouri divorce case that is completely uncontested, where only one party is represented by…

  • Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

    Kansas City Divorce Attorney Mark Wortman
    23 Apr 2013 | 12:44 pm
    In a recent ruling from the Court of Appeals, Husband appealed the trial Court's decision granting maintenance to the Wife, claiming, among other things, that the Court did not consider the Wife's award of marital property, and the ability to earn income from it, in its maintenance determination.  The Court of Appeals agreed, remanding the case back to the trial court for consideration of that issue. In a proceeding for divorce, a court may award maintenance to a spouse “only if it finds the spouse seeking maintenance:(1)Lackssufficientproperty, including marital property…

  • Missouri Child Support Modification: 20% change in support amount, overnight credits, bonus and interest income, income tax dependency.

    Kansas City Divorce Attorney Mark Wortman
    5 Apr 2013 | 11:13 am
    Recent Case: JK v. JK WD74592 Father appeals from a judgment entered in the Circuit Court of Cole  County granting Mother’s motion to modify child support. In its judgment, the circuit court found that a substantial and continuing change in circumstances had occurred including, but not limited to: (1) an agreement by the parties to exercise a "visitation" schedule different than that ordered by the court, (2) a change in the incomes of the parties giving rise to a change of more than twenty percent in the presumed child support amount, and (3) the passage of more…
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    Divorce Discourse

  • The Key to Winning the Lawyer Game

    Lee Rosen
    24 May 2013 | 4:30 am
    Winning at this game requires you to do three things: 1. Manage your fear, 2. Cope with uncertainty, and 3. Handle the stress. For me, it’s like Whac-a-Mole. I get one under control, and one of the others pops up. It’s a constant struggle. The better you are at handling the fear, uncertainty, and stress, the higher your score. Game on. The Key to Winning the Lawyer Game is a post from: Divorce Discourse This article The Key to Winning the Lawyer Game first appeared on Divorce Discourse.

  • The Number That Tells You When to Hire Help

    Lee Rosen
    23 May 2013 | 4:30 am
    We’re oddly driven to hire people. If the President wants to fix the unemployment problem, he should put family law attorneys in charge. Every time I meet one, the conversation heads straight to the desire to hire somebody. He or she always wants an associate, a paralegal, or a virtual assistant. We rarely talk about getting rid of people. It’s always hire, hire, hire. What’s that about? I have no idea. I start digging around as we talk, and I nearly always find the revenue doesn’t support the need for another employee. There’s something psychological going on…

  • How a Solo Lawyer (or You) Can Take Vacation: Part Two

    Lee Rosen
    22 May 2013 | 4:30 am
    This is part two of this article. Be sure to read part one of How a Solo Lawyer (or You) Can Take Vacation. Vacations are important. If you skip them, you’ll suffer the consequences. This work is tough. It’s exhausting, and it’ll burn you out if you don’t get some time away from the stress and pressure. In part one of this article, we addressed using a backup attorney, booking the trip, and keeping everyone informed of the plan. Here’s part two with the final five tips. 6. Use technology to appear present. Some lawyers, myself included, try to look present,…

  • How a Solo Lawyer (or You) Can Take Vacation: Part One

    Lee Rosen
    21 May 2013 | 4:30 am
    One of the reasons I’m not a solo practitioner is that I like taking vacations. I don’t want to feel like I can’t go away without worrying. Of course, even with a team of people, I still worry when I’m on vacation. You can go on vacation. In fact, you must go on vacation if you’re going to survive this work. Vacations are an essential element of maintaining your health and happiness. You’ve got to get away. Vacation has become a murky concept for me. I’m working remotely most of the time now, and I can do it from anywhere with a good Internet…

  • The Marketing Chain of Events

    Lee Rosen
    20 May 2013 | 4:30 am
    A lawyer called the other day and told me his story. I’ll give you the abbreviated version here today. He spoke to a Rotary Club luncheon about three months ago on the eastern side of Georgia. That’s where he practices family law in a solo practice. He was asked to speak at the Rotary Club by a friend of his who is a member. His friend was responsible for arranging speakers for a bunch of upcoming meetings. His topic was “What Happens to Your Business in a Divorce.” He spoke for about 15 minutes right after the banana pudding was served. The speech was good—not…
 
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    UPDATES IN MICHIGAN FAMILY LAW

  • Courts Citing to Wikipedia & Online Dictionaries of Slang

    Jeanne M. Hannah
    23 May 2013 | 7:09 am
    Lawyers and judges are relying in this age of rap and slang to a more informal source of definitions: Urban Dictionary, a crowdsourced collection of slang words on the Internet. [I challenge you: find "crowdsourced" in Webster's Dictionary!]

  • Michigan Medical Marijuana Act | Driving Under the Influence

    Jeanne M. Hannah
    22 May 2013 | 8:12 am
    Finally, the decision many family lawyers and criminal lawyers have awaited has been released by the Michigan Supreme Court. The question raised was whether a driver can be arrested for driving while under the influence when the driver has a medical marijuana registry card.

  • Son of Citation Machine | Easy, Proper Citations of all Kinds of Sources

    Jeanne M. Hannah
    8 May 2013 | 1:28 pm
    Wow! What a cool item for Jeanne's Toolkit. "Son of Citation machine" provides lawyers and professional researchers with a very easy way to properly cite the resources that they use. You may choose your "style"--MLA, APA and Chicago Book of Style (15th Ed.) Use this online citation creator to cite authorities in briefs, journal articles, books, etc.

  • Renter Who is Victim of Domestic Violence May Break Lease

    Jeanne M. Hannah
    8 May 2013 | 8:29 am
    Most states have enacted statutes that permit a tenant who is at risk of domestic violence, sexual assault or stalking to be released from a rental obligation. The tenant seeking release must provide notice of "intent to seek a release and written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking."

  • Amendments to Michigan Court Rules

    Jeanne M. Hannah
    26 Apr 2013 | 6:56 am
    There were many changes to the Michigan Court Rules that became effective on January 1, 2013. Make sure that you are up to speed on these.
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    International Family Law

  • Status of Korea’s Accession to the Hague Abduction Convention

    22 May 2013 | 7:18 am
    As has been recently reported by the U.S. State Department:·        The Republic of Korea is one of only a handful of East Asian countries that has acceded to the Hague Abduction Convention. ·        The Republic of Korea acceded to the Convention in December 2012, and the Convention went into force for the Republic of Korea on March 1, 2013. ·        The Convention will not enter into force between the Republic of Korea and the United States, however, unless the United States decides…

  • How to Win a Hague Convention Child Abduction Case

    10 May 2013 | 9:28 am
    For the family law practitioner looking for more information on the Hague Abduction Convention, I recommended that you seek out my book: The Hague Abduction Convention: Practical Issues and Procedures for the Family Lawyer, available for purchase HERE on the ABA's website.  There is also a tremendous amount of information on my website regarding Hague matters, including the following article titled "How to Win a Hague Convention Child Abduction Case."  How to Win a Hague Convention Child Abduction Case…

  • Argentina Not Compliant with Hague Abduction Convention

    8 May 2013 | 9:33 am
    Argentina has been declared “Not Compliant” with the Hague Abduction Convention in the U.S. State Department’s latest annual report on compliance with the Convention.  In the previous year it was merely listed as a country having “enforcement concerns.”  Indeed the State Department reports that, it “is not aware of any successfully enforced order for return from Argentina to the United States since 2006.”  See the article on our website at:http://www.international-divorce.com/argentina_2012_state_department_reportThis finding does not mean that children should not…

  • Compensation for International Child Abduction Victims

    6 May 2013 | 12:05 pm
    Our client, Moses Garcia, eventually succeeded in securing the return of his daughter to Wisconsin from Japan. He did so despite the rulings of Japanese courts that they would not implement the custody orders of the Wisconsin courts, where the child was living prior to her abduction. The child’s belated return, four years after the abduction, was solely a result of an arrest warrant that was issued in the case in Wisconsin and the mother’s mistake in stepping foot in Hawaii to renew her green card. She ultimately pleaded no contest to interfering with child custody, a felony, under an…

  • British Columbia Law Changes: Marriage-Like Relationships & “Family Property”

    21 Mar 2013 | 5:58 am
    Effective March 18, 2003, there has been a major change in the marriage laws of British Columbia, Canada. The new Family Law Act is now in full force and effect. It replaces the Family Relations Act.  Couples of the same or opposite gender who are in a “marriage-like” relationship for more than two years are treated as “spouses” for the purposes of the law and are subject to the same property-division rules as married people. In addition, family property now includes all property owned by one or both spouses at the date of separation unless the asset is excluded, in which…
 
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    Divorce and Family Law in Tarrant County, Texas

  • What NBC 5 D/FW Didn't Show about Do-It-Yourself Divorces

    20 May 2013 | 7:00 am
    Last week, a reporter on the local North Texas NBC Channel 5 TV station had a glowing story about do-it-yourself divorces.  The reporter talked to a lot of people and showed how and where people can get forms to do an "uncontested divorce".Disclaimer:  I don't do low cost divorces, so the story doesn't directly affect me.  It will not take away any business.  I work primarily on cases where the parties don't agree on some major issues, but still want to have a civilized or "friendly" divorce.  I do many Collaborative divorces where people need to come to agreements…

  • How to Encourage Fighting in Litigation

    13 May 2013 | 9:11 am
    Let me be clear.  I think it is a really bad idea to encourage fighting in litigation.  Still, there are many attorneys who do just that.  Sometimes, it's because that's what the attorneys think their clients want.  Other times, it's because that's how the attorney was trained.  Some attorneys believe that fighting it out in court will lead to the right result.  I don't subscribe to that point of view, but there are many attorneys and some judges who still believe it. In the interest of full disclosure, I strongly advocate using Collaborative Law, wherever…

  • 7 Easy Tips for Successful Divorce Mediation

    7 May 2013 | 4:10 pm
    Here in North Texas, if you have a contested divorce or other family law issue, you will almost certainly be required to go to mediation before you go to a trial.  The main reason for that is that most cases (about 90%) will settle in mediation and that saves time for the courts.If you get a divorce in Fort Worth/Tarrant County, you should expect to go to mediation.  Your divorce lawyer will attend with you.  Most attorneys have done a number of mediations and can easily explain what to expect and how to prepare.  In case you have concerns about the process and want some…

  • Do You Need an Attorney for a Temporary Orders Hearing?

    30 Apr 2013 | 9:27 am
    Yes! This will be a short post.  I hear from people all the time who have gotten served with papers and went to a Temporary Hearing without an attorney.Why without an attorney?  It usually is a lack of money, short notice or not knowing who to contact.  What can happen?  You can be kicked out of the house.  You may lose custody even if you have been the primary or sole care provider for the children.  You may not get the child support or spousal support you need.  You may get stuck paying a lot of bills.  You may have restrictions put on you relating to…

  • Be Informed About Alternatives

    21 Apr 2013 | 6:28 am
    If you are facing a potential divorce or other family law issue, you should be considering what legal approach you will use to resolve it.  You actually have several choices.  Here are some comments about different options.  Fort Worth divorce and family lawyers should be able to discuss all of these options with you.  If an attorney tries to limit your choices, you should get a second opinion.1.  Litigation.  The old standard approach is to use litigation, where one side files in court, sets a temporary hearing and serves papers on the other side.  That…
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    Family Lore

  • ...AND JUSTICE FOR NONE: Chapter 4 - A Proposal

    24 May 2013 | 1:00 am
    IN CHAMBERS, 14 Little Graymatter Square. Jolyon Potty comes rushing into Arthur's room."Have you heard the news?" He exclaims."What news?" Asks Arthur."Judge Dodgy has been arrested and charged with accepting bribes!" Exclaims Jolyon."Wow!" Says Arthur.At that very moment Arthur's phone rings. To his amazement, it is Judge Dodgy on the other end."Judge... Dodgy...," says Arthur hesitantly, "w-what can I do for you?" Jolyon looks at Arthur with an expression of incredulity."Well," says Judge Dodgy, "have you heard my news?""Ah," replies Arthur, "about your arrest? Yes, I have. How can I…

  • Family Lore Clinic: What is the difference between a consent order and decree absolute?

    22 May 2013 | 1:17 am
    Not the sort of question a family lawyer might expect, but perhaps indicative of our slightly confusing system where, unlike in some other jurisdictions, all matters relating to a divorce are not dealt with together. [Once again I am taking the term 'consent order' to mean the order setting out an agreed financial/property settlement on divorce, although for the purposes of this post it would make no difference if the settlement was not agreed, but instead imposed by the court.]A consent order and the decree absolute are two quite separate things, but they are both to do with the end of the…

  • News Update: 21st of May 2013

    21 May 2013 | 3:44 am
    WELCOME to this week's Family Lore News Update.NEWSGay marriage: Final reading in CommonsThe government's same-sex marriage bill is to receive a third and final Commons reading after surviving resistance from Tory opponents on Monday night. Full story: BBC News.Maria Stubbings murder: IPCC report prompts inquiry callThe family of a woman murdered by her ex-partner are calling for a public inquiry into how complaints of domestic violence are handled. Full story: BBC News.Huge rise in fixed fees for family and probateThere has been a dramatic rise in the number of solicitors offering fixed fees…

  • Child maintenance proposals 'grossly unfair'

    20 May 2013 | 11:01 pm
    I have received the following press release from the Centre for Separated Families:Family separation charity, the Centre for Separated Families, has called for the government to rethink plans to increase flat rate child maintenance payments for parents on benefits, which it calls 'grossly unfair'. Under current rules, parents on benefits are required to pay £5 per week in child maintenance. But this week, the Department for Work and Pensions has announced that the payment is set to rise to £7 per week. This is despite the fact that paying parents who are in receipt of benefits are classed…

  • News Podcast: For the week to the 20th of May 2013

    19 May 2013 | 11:07 pm
    A summary of the most important family law news stories from the last week, in the usual short, easy-to-listen, format.(If you can't see the audio player above, try refreshing your browser. Alternatively, you can listen to the podcast here.)
 
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    Toronto Family Lawyer Blog

  • Kroupis-Yanovski v. Yanovski – Is Final Offer Selection Allowed?

    Andrew Feldstein
    24 May 2013 | 12:36 pm
    BACKGROUND The parties were married on September 29, 1990 and separated on May 15, 2009. There were two children of the marriage, aged 12 and 19. In August 2009, the wife commenced an Application. In September 2010, the parties consented to an order referring all issues to mediation/arbitration. The Mediation/Arbitration Agreement signed by the parties provided that if the matter should proceed to arbitration, the Arbitrator would determine the procedure in consultation with the parties’ counsel. Thereafter, the parties attended several mediation sessions which resolved the issue of…

  • Private Counsel for Children?

    Andrew Feldstein
    17 May 2013 | 12:37 pm
    The motion, W. (K.S.) v. W. (S.), was about whether the youngest of two children could have private counsel appointed. The motion was brought by the father who wanted a change in custody, access and the residential arrangements for the children ages 18, 15 and 12. This motion was also brought due to the mother’s intentions to move to Los Angeles. The Office of the Children’s Lawyer refused to become involved due to timing issues. The mother sought an order to appoint a private lawyer for the children. The mother’s motion was persistently opposed by the father. Analysis The court began…

  • Chaudry v. Chaudry: Interim sale of the home

    Andrew Feldstein
    10 May 2013 | 12:05 pm
    In Chaudry, the Superior Court conducted a thorough review of the conflicting interests at play, where one party requests the interim sale of the home. This case also focused on setting aside an administrative order for dismissal, however, this analysis focused on the sale of the home, as that is a common issue that arises in divorce and separation. Background The parties were divorced in June 2008, and were eight years apart on what they believed to be the date of separation. In June 2011, the Respondent husband brought a motion requesting the court to order the interim sale of the former…

  • Katz v. McNevin – Non-Lawyer Representation in Family Matters

    Andrew Feldstein
    5 May 2013 | 10:44 am
    This case canvasses the issue of non-lawyer representation for litigants in family law matters. BACKGROUND The parties were divorced in 2011, via a comprehensive court Order that also addressed custody and access, child support, spousal support and property division. In 2012, the Applicant Mother brought an application to change the support obligations under the said Order. In particular, the Applicant Mother alleged non-disclosure by the Respondent Father of his income information prior to and after the making of the Order, as well as alleged failure by the Respondent Father to contribute to…

  • Dembeck v. Wright – Treatment of Severance Payments under Family Law

    Andrew Feldstein
    26 Apr 2013 | 9:17 am
    Under what circumstances, if any, does a spouse “own” on the date of marriage an entitlement to a severance payment that he or she later receives? BACKGROUND The parties were married in 1998 and separated in 2007. Prior to separation, the husband was terminated from his employment and was paid 18 months’ salary in lieu of notice and eight weeks of severance pay under the Employment Standards Act. It is the treatment by the court of this latter payment that forms the basis of the appeal. Specifically, the trial judge held that since the severance payment had fully accrued before the date…
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    Illinois Divorce Lawyer Blog

  • How to Recover from an Affair Involving Borderline Personality Disorder

    23 May 2013 | 7:27 am
    How to Recover from an Affair Involving Borderline Personality Disorder By Tommy (http://youmebpd.com/) The feeling of pain and betrayal that an affair causes is something I would wish on almost no one, but when you add in the addition of borderline personality disorder it throws in a whole new set of variables. Our particular story is one that has a lot of mitigating circumstances, but that makes it no less painful to go through. In June of 2011 I lost my wife (at least that is what it felt like). June, 2011; I checked my wife into Prairie St. John’s facility in Fargo, ND for depression…

  • PDAN: This is Borderline Personality Disorder! Signs and Symptoms

    22 May 2013 | 11:00 am
    http://www.pdan.org

  • Insider's Divorce Tips

    4 May 2013 | 9:33 am
    Experienced divorce practitioners have come to develop ideas about certain issues or triggers that can cause the contested divorce process to spiral into chaos or high costs. I have my own ideas about these triggers, one of them involving the parties believing that more negative conflict and more "bomb throwing" leads to better results. "Pit bull" reckless behavior by litigants or lawyers only raises costs, elevates stress, and usually results in the judge developing a chip on her shoulder against the litigant. The art of divorce is much like the Art of War...employing experience, creativity,…

  • DuPage Divorce: Parental Alienation / Estrangement

    2 Apr 2013 | 5:35 am
    No parent wants to imagine a day when your child would refuse to speak to you. But estrangements between parents and adult children may be more common than you think. One expert calls it a "silent epidemic." Visit NBCNews.com for breaking news, world news, and news about the economy

  • Kane County Divorce Lawyer: Are Fathers Important?

    15 Mar 2013 | 6:11 am
    A Father posted this photo from his Son. If anyone wonders why Illinois needs statutory presumptive shared parenting, or why competent and loving Fathers are necessary to the daily lives of their children, this picture tells a thousand words:
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    New Hampshire Family Law Blog

  • Why You Need a Coach in your Collaborative Divorce

    Kysa Crusco
    15 May 2013 | 7:28 pm
    New Hampshire collaborative practice employs an interdisciplinary model, which is fancy for saying that the professional team includes attorneys, a coach and a financial neutral. When the topic of hiring a coach comes up, I sometimes receive this feedback: Why do we need a coach? I already have a therapist, isn't that the same thing? It's another expense in the process.  Let's see how it goes without one and we can always hire one later.  I intended to write a thorough and thoughful post about the need for a coach, and then found this article Do You Really Need a Divorce Coach in…

  • Unbundled Legal Services

    Kysa Crusco
    25 Apr 2013 | 6:22 am
    Unbundled legal services, also known as limited scope representation, allow you to hire a lawyer to do certain parts of your case, instead of the traditional soup to nuts representation. Some clients choose unbundled services because they cannot afford full representation, and some advice is better than no advice. Other clients feel capable of handling certain parts of the case, but need assistance with other portions. Unbundled services can be customized to fit your needs, and can include Representation at a specific hearing, such as a temporary hearing Draft proposed orders or pleadings…

  • Interview: Same-sex divorces are a tiny but growing part of New Hampshire

    Kysa Crusco
    9 Apr 2013 | 6:34 pm
    I had the pleasure of being interviewed by David Brooks of the Nashua Telegraph for the article Same-sex divorces are a tiny but growing part of New Hampshire. As I observed, the reasons in a gay or lesbian divorce, and the emotions that come with it, are no different than any opposite-sex divorce. The differences come from the legal issues created by DOMA and other states who fail to recognize same-sex marriage.  I learned something new from David, who was the first person to obtain same-sex divorce statistics from the State of New Hampshire. By the numbers: Marriages    …

  • What to Expect: First Collaborative 4-Way Meeting

    Kysa Crusco
    5 Apr 2013 | 5:05 pm
      You and your spouse have chosen the collaborative process for your divorce and hired your attorneys. Now what? The first 4-way, or 5-way if you have hired a coach, will get the collaborative process started.  Generally, you should expect to cover the following items in your first meeting: Review and sign the collaborative participation agreement Share your reasons for choosing collaborative for your divorce Review the collaborative roadmap to understand each stage of the process Discuss dates to obtain valuations, such as an appraisal for the house or business Talk over the cost…

  • 2013 Child Support Guidelines

    Kysa Crusco
    3 Apr 2013 | 7:04 pm
     The 2013 Child Support Guidelines have been released. Highlights of the new guidelines: The guidelines are effective April 1, 2013 The self-support reserve has increased $31 from $1,070 in 2012 to $1,101 for 2013 For a couple with a combined gross income of $6,000, the total combined child support figure for one child increased from $1,147.90 to $1,174.51. The Division of Child Support has a useful child support calculator that you can find here.  
 
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    Dads Divorce and Fathers Rights Blog

  • 6 Strategies To Divide Debt During Divorce

    23 May 2013 | 5:00 pm
    It is a rare couple that does not incur debt during a marriage. Divorce calls for dividing up the debts, but it can be a frustrating and confusing process.

  • Can I Repossess The Car If She Is Not Making The Payments?

    22 May 2013 | 5:00 pm
    Question: My ex has not made any of the payments on a car that is registered to me. Can I repossess the car or deduct the payment that I am now going to have to make from the child support?

  • Parenting Plans and 'Tacked On' Vacation For Extended Parenting Time

    21 May 2013 | 5:00 pm
    Question: In my parenting plan it reads the father will have two uninterrupted weeks during the summer. One of the weeks we agreed to will start on a weekend they are with me. The problem is the next weekend is not my planned weekend with them but is Father's Day so I will have my kids again. My question is would my uninterrupted week start when I picked them up for my weekend or at the end of my weekend?

  • Proving College Enrollment To Continue Child Support

    20 May 2013 | 5:00 pm
    Question: How can I get proof that my child is still attending college on a full-time basis? If he has stopped going to school I can terminate my child support order, but we no longer speak and I'm not sure how to find out his enrollment status.

  • How To Overcome The Death of a Loved One

    19 May 2013 | 5:00 pm
    The experience of losing a loved one can feel dark and lonely, especially as a divorced man. Whether you've lost a father to cancer or unexpectedly lost a child, death and loss is a unique experience to an individual. Although we can empathize with a friend or share the grief of a family member, how someone copes with death and heals from a loss is ultimately a personal journey. Amidst the devastation, despair and disorientation of losing someone dear to you, there are steps you can take that may help your healing process:
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    Alabama Divorce & Family Law Attorney Blog

  • New Alabama Adoption Law Eases Restrictions for Foster Families

    Steve Eversole
    21 May 2013 | 7:14 am
    Alabama foster families who have fallen in love with the child in their care and wish to make it permanent may face fewer hurdles, per the passage of a new state adoption law that aims to streamline the process. Birmingham adoption lawyers watched the developments of the measure intently, with Gov. Robert Bently signing it into law earlier this month. The measure was reportedly a special one to Bently, who along with his wife has adopted two children, whom they are raising alongside their two biological children. The new law, entitled the Best Interest of the Child Act, should prevent foster…

  • Alabama Child Support Modification Orders Require Skilled Lawyer

    Steve Eversole
    12 May 2013 | 5:33 am
    Most people think of needing a Birmingham family law attorney when they are about to file for a divorce. And it's true that it's certainly important to secure solid legal representation before you even initiate divorce proceedings. But you might find yourself needing the assistance of a family law firm long after the divorce order has been finalized, particularly if you and your ex share children. These are called "post-divorce actions." One of the primary reasons is child support modification. The court won't typically allow for a child support modification - unless there is some…

  • Birmingham Child Custody Evaluation Preparation Tips

    Steve Eversole
    8 May 2013 | 12:14 pm
    Celebrity news sites have been recently reporting on the fact that Brooke Mueller, mother to Charlie Sheen's twin sons, has lost custody of her children, at least temporarily, to Sheen's other ex, Denise Richards, with whom the actor also has two daughters. Our Birmingham child custody lawyers understand this particular case involves allegations of substance abuse, and the two women are friendly with one another. This latest custody arrangement was made with the approval of Sheen, who himself has had a well-documented history of substance abuse. Many parents in Alabama have, for one reason or…

  • Jefferson Divorce Judge on Leave Following Complaint

    Steve Eversole
    5 May 2013 | 11:23 am
    A retired judge has agreed to temporarily take on Jefferson County divorce cases after Jefferson County Circuit Court Judge Dorothea Batiste was suspended with pay, while a hearing involving complaints against her is pending before the Alabama Court of the Judiciary. Our Birmingham divorce attorneys understand that as of April 23, divorce cases in the county circuit court will be handled by Judge Gary Pate. His assistance will allow all pending divorce cases on Batiste's docket not to become stalled while she is unavailable to continue hearing them. There may still be some issues with…

  • Alabama Divorce Lawyers Alarmed by Proposed NC Law Change

    Steve Eversole
    29 Apr 2013 | 10:30 am
    A bill was recently introduced in North Carolina that would make it tougher for married couples to obtain a divorce - even those without children and whose cases are fairly straightforward. Our Birmingham divorce lawyers understand that the North Carolina bill would mandate a two-year waiting period upon application of a divorce from either party. Additionally, couples would be forced to undergo a counseling courses on conflict resolution and improving communication skills. If the couple have a child in common, they would be required to undergo a separate course on the impact of divorce on…
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    Domestic Diversions

  • Grand Rapids divorce attorney named Leading Lawyer in Michigan Family Law

    David C. Sarnacki
    13 May 2013 | 2:09 pm
    David C. Sarnacki recently was named a “Leading Lawyer” in Michigan Family Law. His past designations include selection as one of “The Best Lawyers in America,” designation as a “Michigan Super Lawyer,” and acceptance as a fellow in the Michigan State Bar Foundation. Mr. Sarnacki concentrates his practice in the areas of family [...]

  • Great moms make great kids . . . and make those kids handle their own “small, affordable mistakes”

    David C. Sarnacki
    8 May 2013 | 10:32 am
    Love & Logic reminds us that parenting is sometimes counter-intuitive and offers comfort to “the best moms,” mothers who refrain from the urge to be a helicopter parent. Dr. Charles Fay writes in the Insider’s Club newsletter (excerpt): On this Mother’s Day holiday, I hope to encourage all of the wonderful mothers who let things fall apart [...]

  • The divorce roller coaster: Tips for handling your emotions and staying sane

    David C. Sarnacki
    22 Apr 2013 | 8:04 am
    FoxNews.com highlights ways that parents can remain emotionally stable during separation and divorce and make things liveable for their children. Tina Paone and Thomas Petrelli listed these 4 tips (excerpt): 1. Don’t Play the Blame Game 2. Custody Is Not a Battle to Be Won 3. Acknowledge Change 4. Keep an Open Mind

  • Teaching children the value of doing something

    David C. Sarnacki
    25 Mar 2013 | 8:41 am
    CNN Opinion reveals Mick Jagger’s parenting philosophy on not spoiling your children. Ruben Navarrette Jr. writes (excerpt): But those are the wrong questions. We need ask ourselves only one question: Will buying my child this item teach him positive values or negative ones? **** Like the saying goes, you want to leave your kids enough money so they can [...]

  • Anyone Youer than You?

    David C. Sarnacki
    2 Mar 2013 | 10:20 am
    Today, Theodor Geisel’s birthday, is a good day to grab a Dr. Seuss book and read it with someone you love. It was Dr. Seuss who said, “Today you are You, that is truer than true. There is no one alive who is Youer than You.”
 
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    Chicago Family Law Blog

  • Tax Issues Relating to Qualified Domestic Relations Orders and Divorce

    30 Apr 2013 | 12:49 pm
    An increasingly large portion of the assets of married couples consist of rights to payments and stock from pension plans.  In many states such assets are subject to division during a divorce.  Divorce and division of property are generally controlled by state law, but pension plans are controlled by federal law in many respects.   Pension Plans and ERISA A major advantage of saving for retirement through a pension plan is that contributions from employees and employers for plans such as a 401(k) plan are not taxed as income until distributed by the plan, usually after…

  • Severing the Parental Rights of Inmates and the Constitutionality of Restricting Visitation

    30 Apr 2013 | 12:40 pm
     According to the Child Welfare League of America, an estimated 200,000 children have a mother in prison, and at least 1.6 million children have a father in prison. As such, many children have been forced to enter the foster care system, and there has been a significant increase in the number of children visiting their incarcerated parents.   Such overwhelming statistics have influenced federal adoption law and, more recently, played a role in a notable U.S. Supreme Court decision on the constitutionality of restricting prison visitation by the children of inmates.   Adoption…

  • Same-Sex Marriages and the Federal Defense of Marriage Act

    31 Dec 2010 | 11:35 am
    The federal Defense of Marriage Act (DOMA) was signed into law by President Clinton on September 21, 1996.  DOMA defines "marriage" to consist exclusively as a heterosexual union of a man and a woman.  Further, DOMA directs federal agencies to recognize only opposite-sex marriages for the purposes of enacting any agency programs.    Statutory Language Among other pertinent provisions, DOMA states: "In determining the meaning of any Act of Congress, or of any ruling, regulation or interpretation of the various administrative bureaus and agencies of the United…

  • Tax Issues Associated with Division of Pension Benefits in a Divorce

    31 Dec 2010 | 11:22 am
      An increasingly large portion of the assets of married couples consist of rights to payments and stock from pension plans.  In many states such assets are subject to division during a divorce.  Divorce and division of property are generally controlled by state law, but pension plans are controlled by federal law in many respects.     Pension Plans and ERISA A major advantage of saving for retirement through a pension plan is that contributions from employees and employers for plans such as a 401(k) plan are not taxed as income until distributed by the plan, usually…

  • Permitting Posthumously Conceived Children to Inherit From a Deceased Parent

    31 Dec 2010 | 11:14 am
      Several states refer to children who are born or adopted after the execution of a parent's will and omitted from the provisions of the testamentary instrument as "omitted" or "pretermitted" children. In the interest of fairness, states that recognize the inheritance rights of posthumously born or adopted children have traditionally allowed "omitted" children to inherit under intestate succession (i.e., taking a share equal in value to what the child would have received if the testator had died without a will).   However, the law on the inheritance…
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    Florida Domestic Partnership Law Blog

  • Tax Effects of DOMA Repeal in States Without Gay Marriage

    admin
    10 May 2013 | 9:21 am
    The tax implications of a DOMA repeal in states with gay marriage are much discussed. In short, gay and lesbian couples legally married and living in a same-sex marriage state would be able to file their federal taxes jointly. But what about for couples that do not live in a gay marriage state? Specifically, what happens if DOMA is repealed to couples that live, for example, in Florida, and go to  Washington, D.C., to get married? It is unclear. I’m a Florida tax attorney and former IRS lawyer, and I have yet to come across the definitive answer to this question. IRS regulations…

  • Florida Domestic Partnership Registry Would Not Be Enough

    admin
    2 Apr 2013 | 11:46 am
    Yesterday Florida’s Senate Committee on Children, Families, and Elder Affairs advanced a bill out of committee that would establish a state-wide domestic partnership registry. The law enjoys support mostly from Democrats, but some Republicans as well. It is unlikely that the bill could become law with the current legislative makeup, but anything is possible, especially given the momentum of gay rights and support nationwide. Nevertheless, the proposed domestic partnership registry would only grant limited rights to Florida gay and lesbian couples. Specifically, the registry would…

  • How Supreme Court Gay Marriage Cases Could Affect States Without Gay Marriage

    admin
    22 Mar 2013 | 1:05 pm
    Next week the Supreme Court will hear oral arguments on two cases about marriage rights for gay couples. On the surface, these cases only affect people that live in states that allow or once allowed gay marriage. The first case involved Proposition 8, a ballot measure from 2008 that took away existing gay marriage rights in California  The second case involves the Defense of Marriage Act, or DOMA, which provides a federal definition of marriage as something between one woman and one man. Most people in the country, however, live in states like Florida where gay marriage has never been…

  • Adoption Tax Credit Made Permanent with Fiscal Cliff Deal

    admin
    2 Jan 2013 | 10:35 am
    Good news, everyone. As part of the fiscal cliff deal negotiated over the New Years holiday, the Adoption Tax Credit was made permanent. While the adoption tax credit helps anyone adopting a child, it’s particularly helpful for those doing a second parent adoption. A person adopting the child of his or her same-sex partner as part of a second parent adoption in Florida (or in any state) is typically eligible for the adoption tax credit. Before the deal, adoptions finalized in 2013 and beyond were not eligible for the credit unless the child was a special-needs child. What’s this…

  • Gay Facts and Statistics 2013

    admin
    1 Jan 2013 | 1:20 pm
    Gay facts and statistics for 2013. I round up statistics from around the web so you don’t have to. I keep this post up to date. Gay Marriage Facts States where gay marriage is legal: Massachusetts (2004) Connecticut (2008) Iowa (2009) Vermont (2009) New Hampshire (2010) Washington, D.C. (2010) (not a state) New York (2012) Vermont(2012) Washington (2012) States That Recognize Out-of-State Gay Marriages: California (only if the marriage is from before Proposition 8 was passed) Gay Marriage Support Should gays an lesbians be allowed to marry? 43% say yes. 47% say no. 10% are unsure.
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    NJ Family Issues

  • While a litigant is entitled to a fair trial, he is not entitled to a perfect trial

    PaulKostro
    2 May 2013 | 6:37 am
    Law Lessons from CAROLYN BONDS VS. ANTONI PLOTKA, ET AL., App. Div., A-5137-11T2, April 26, 2013: At a minimum, “trials must be conducted fairly and with courtesy toward the parties, witnesses, counsel, and the court.” Geler v. Akawie, 358 N.J. Super. 437, 463 (App. Div.), certif. denied, 177 N.J. 223 (2003). However, “[w]hile a [litigant] is entitled to a fair trial, he is not entitled to a perfect trial.” Risko v. Thompson Muller Auto. Group, Inc., 206 N.J. 506, 518 (2011) (quoting State v. Swint, 328 N.J. Super. 236, 261 (App. Div.), certif. denied, 165 N.J. 492…

  • An assertion is deemed frivolous when no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely untenable

    PaulKostro
    2 May 2013 | 6:33 am
    Law Lessons from GOLAN SHAZO VS. GREENTREE CLOSET DESIGN, ET AL., App. Div., A-4268-11T3, April 26, 2013: “[A]n assertion is deemed ‘frivolous’ when ‘no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely untenable.’” United Hearts, L.L.C. v. Zahabian, 407 N.J. Super. 379, 389 (App. Div.) (quoting First Atl. Fed. Credit Union v. Perez, 391 N.J. Super. 419, 432 (App. Div. 2007)), certif. denied, 200 N.J. 367 (2009). Claims for counsel fees against pro se litigants for pursuing frivolous…

  • The appearance of authority cannot be established alone and solely by proof of conduct by the supposed agent

    PaulKostro
    2 May 2013 | 6:30 am
    Law Lessons from GOLAN SHAZO VS. GREENTREE CLOSET DESIGN, ET AL., App. Div., A-4268-11T3, April 26, 2013: The critical question in every apparent authority case focuses on whether the principal held out the agent such that “a person of ordinary prudence” is justified in presuming that such agent has authority to perform the particular act in question. C.B. Snyder Realty Co. v. Nat’l Newark & Essex Banking Co. of Newark, 14 N.J. 146, 154 (1953). A party seeking to rely on the theory of apparent authority must establish: (1) that the appearance of authority has been…

  • The test for motions for involuntary dismissal

    PaulKostro
    2 May 2013 | 6:28 am
    Law Lessons from GOLAN SHAZO VS. GREENTREE CLOSET DESIGN, ET AL., App. Div., A-4268-11T3, April 26, 2013: Under Rule 4:37-2(b), the test for motions for involuntary dismissal is “whether the evidence, together with the legitimate inferences therefrom, could sustain a judgment in . . . favor of the party opposing the motion[.]” Dolson v. Anastasia, 55 N.J. 2, 5 (1969). “[I]f, accepting as true all the evidence which supports the position of the party defending against the motion and according [the party] the benefit of all inferences which can reasonably and legitimately be…

  • A court may draw a negative inference when a party does not call an available witness that the party reasonably might have been expected to call

    PaulKostro
    2 May 2013 | 6:24 am
    Law Lessons from SPAGNUOLO BUILDERS, LLC VS. PAUL MARTINELLI VS. PETER SPAGNUOLO, App. Div., A-0642-11T1, April 26, 2013: A court may draw a negative inference when a party “does not call [an available] witness that the party reasonably might have been expected to call.” Witter by Witter v. Leo, 269 N.J. Super. 380, 391 (App. Div.), certif. denied, 135 N.J. 469 (1994). Such a witness is considered “available” if the witness could have been produced. Id. at 391-92 (citing State v. Clawans, 38 N.J. 162, 171 (1962)). However, the inference should not be drawn “if…
 
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    Pennsylvania Family Law

  • Important Child Protections in Immigration Reform Bill

    Aaron Weems
    23 May 2013 | 6:46 am
    Earlier this week the United States Senate Judiciary Committee finished adding fifty (50) amendments to a significant immigration reform bill.  Those amendments were joined by another thirty-five (35) and last night the Senate Judiciary Committee voted 13-5 to pass the bill and it will be presented to the Senate after the Memorial Day recess. Notable in the bill was a fully supported amendment designed to protect children of affected by immigration enforcement actions.  The amendment essentially incorporates a piece of legislation known as the “Humane Enforcement and Legal…

  • CAR FIGHTS

    Mark Ashton
    20 May 2013 | 8:50 am
    One of the lesser joys of the domestic practice is presiding over fights over personal property. My professional low point came twenty years ago while with another firm.  My opponent that day was my current law partner David Rasner.  In one afternoon we thought we settled a break up of a short term marriage where the couple had made a small fortune on the sale of their house. We were down to the personal property when both parties decided they could not each part with a particular hand held vacuum cleaner.  That dispute almost killed a deal to divide almost $200,000 in gains on…

  • Marriage Equality Act Passes in Delaware

    Aaron Weems
    19 May 2013 | 12:16 pm
    Earlier this month Delaware became the eleventh state to legalize same sex marriage when they passed Marriage Equity Act in the state Senate.  Passage was fairly close with 12 voting for the Act and 9 voting against it in the Senate, while the House had earlier passed it 23 in favor to 18 against.  Leslie Spoltore has provided the synopsis of the Act on our Delaware Trial Practice Blog as well as a link to the complete Act.  

  • REQUIEM FOR PARENTAL COORDINATION IN PENNSYLVANIA

    Mark Ashton
    8 May 2013 | 1:28 pm
    My colleague Aaron Weems has already reported that late last month the Pennsylvania Supreme Court put an end to what was a five year experiment with court appointed ombudsmen tasked to decide minor custody disputes where the need to have a prompt resolution outweighed an assessment of how a particular custody issue affected a child’s best interests. The Order from the Supreme Court came as a surprise to the domestic relations bar. The program was not without its problems and some of those problems were substantial. But parent coordination was created as a device to address…

  • Native American Adoption Decision Pending from U.S. Supreme Court

    Aaron Weems
    6 May 2013 | 8:01 am
    In this most recent U.S. Supreme Court term, the Court has heard two cases involving the domestic relations of a state.  In addition to the arguments on same sex marriage, on April 16th, the Court also heard argument on the adoption of a three-year girl.  The law at issue is the Indian Child Welfare Act.  The Act, passed in the 1970’s gives Indian tribes exclusive jurisdiction over any child custody proceeding involving a Native American child who resided or was domiciled on Native American land.  The Act was passed to address the removal of Native American children…
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    Al Nye The Lawyer Guy

  • Do Your Divorce Right by Andrew Horton and John David Kennedy

    Al Nye
    29 Apr 2013 | 5:59 am
    Do Your Divorce Right By Andrew Horton and John David Kennedy Tower Publishing $16.95 softcover, 377 pages, 978-0-9827955-3-8 (2011) This book should be required reading for all couples going through a contested divorce in Maine – it’s that good. Just as couples are routinely sent to Kid’s First, so too should they be required to read this excellent family law guide. Judge Horton has been on the bench since 1999, Judge Kennedy since 2002, and their knowledge and wisdom shines through on every page. Want experience? The judges note in the introduction that they have “presided over than…

  • Searsport Delighted To Have No New Business

    Al Nye
    3 Apr 2013 | 4:55 am
    As reported in the Portland Press Herald today, the town of Searsport appears delighted to reject a planned a 22 million-gallon liquid propane storage tank in town. This was going to be a $40 million terminal that I can only assume would bring more jobs and business to the town.But like most Maine communities, there was widespread opposition to the project. It seems that every Maine city and town has it hard-coded to immediately think "no" when new business is proposed. And if it is something major -- like a building wanting to expand beyond height limits, or a company wanted to…

  • 26 Mar 2013 | 4:33 am

    Al Nye
    26 Mar 2013 | 4:33 am
    Books, books, and more books. I've read a lot of books lately but have found it difficult to find the time for reviews. Some of the titles include: Suspect by Robert Crais; Alpha by Greg Rucka, Live by Night by Dennis Lehane, The Panther by Nelson DeMille, Threat Vector by Tom Clancy, and Ironhorse by Robert Knott (carrying on the western novels by Robert B. Parker). What have you read lately?

  • A Wanted Man by Lee Child

    Al Nye
    15 Jan 2013 | 5:04 pm
    A Wanted Man By Lee Child Delacorte Press $28.00 hardcover, 405 pages, 978-0-385-34433-3 (2012)             This novel begins with Jack Reacher in Nebraska hitchhiking his way to Chicago. He’s picked up by two men and a woman. At first glance, they appear to Reacher to be middle ranking executives on some type of a team building exercise.  What he doesn’t know is that the town he’s hitching from just had a man executed in an old pumping station. The man’s killers have vanished and the FBI soon takes over the investigation of the case. As Reacher and his companions leave…

  • Power Play by Patrick Robinson

    Al Nye
    15 Jan 2013 | 4:53 pm
    Power Play By Patrick Robinson Vanguard Press $25.00 hardcover, 336 pages, 978-1593157319 (2012) For those unfamiliar with this author, Power Play is a continuation of the Mack Bedford series. I’ve only read one other in the series, but I have to confess that it grabbed my attention much more than this novel. Mack Bedford is a Navy SEAL that is everything you imagine a SEAL would be like: tough, resourceful, intelligent and utterly fearless. It’s a pleasure to read about how a Navy SEAL operation is thought out and planned. This futuristic political thriller, unfortunately, had way too…
 
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    Fort Lauderdale Divorce Lawyer Blog

  • World's Most Expensive Divorce

    15 May 2013 | 10:38 am
    Oklahoma tycoon Harold Hamm, one of the top 100 richest men in the world, is making as big of an impact on the world of divorce as he has on the world of oil. The founder and CEO of Continental Resources is splitting from his wife of 25 years, Sue Ann Hamm and the first estimates place the costs to Harold at the $5-billion mark. The couple has been estranged since Sue Ann claims she uncovered an affair Harold had in 2010. Divorce papers were filed in May 2012. There has been no clear evidence found of a prenuptial agreement between the couple. Provided no agreement is produced, Sue Ann would…

  • Important Updates to Florida's Alimony/Child Custody Legislation

    8 May 2013 | 6:51 am
    This blog has previously discussed changes to Florida's alimony laws (Senate Bill 718). Governor Scott vetoed this bill which included, as well, updates to Florida's child custody laws. Specifically, child custody schedules were updated. Previously, there was never a codified mandate or guide that the custody break-down be 50/50 with both parents; rather judges just deemed what is right by a scattered amount of standards. Senate Bill 718 codifies a presumption that there be a 50/50 time sharing agreement between parents as, according to the legislature, it "is in the best interest of the…

  • Judge Orders No More Children for Deadbeat Dad

    30 Apr 2013 | 6:23 am
    This January, an Ohio father who was behind on his child support payments in an amount over $96,000 was ordered to stop having children. This type of judicial mandate, although rare, has been issued twice by Wisconsin in the past year. Asim Taylor, father of four, was first indicted in August 2011 when he was in arrears of close to $80,000. In 2013, with his unpaid child support closing in on $100,000, Judge James Walther extended Taylor's probation by an additional five years and issued this unique mandate. Taylor Judge Walther described the need for such an extreme controversial condition:…

  • Important Legislation for Elderly Married Couples in Florida

    22 Apr 2013 | 6:42 pm
    Spousal Refusal In the context of healthcare and elder law, "spousal refusal" occurs when a healthy spouse (in this case referred to as the "community spouse") refuses to pay for the healthcare expenses incurred by their unwell spouse. Generally, married spouses are obliged to financially contribute to the healthcare costs of their spouses, including nursing home costs. A spouse facing spousal refusal may fill out a form with Medicaid stating their spouse is refusing to contribute. Medicaid will then seek contribution or reimbursement from the "community spouse." In response to the often…

  • Couple Kidnapped Own Children, Fled to Cuba, Returned to Florida

    18 Apr 2013 | 6:57 pm
    On April 10, 2013, a couple accused of kidnapping their own children were arrested in Tampa after having been returned to the U.S. by Cuban authorities. The couple, Joshua and Sharyn Hakken, had officially lost custody of their two young boys on April 2. Last year, police found the couple at a hotel in Slidell, Louisiana, acting abnormally, claiming to be "contemplating their ultimate journey" and discussing the Armageddon. Upon further investigation, the couple was found to be in possession of weapons and narcotics. At that point the children, ages 2 and 4, were removed from the Hakkens'…
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    Ohio Family Law Blog

  • Divorce: How Employment Affects Men’s and Women’s Decisions to Divorce

    Robert L. Mues
    18 May 2013 | 2:00 am
    Divorce, Employment And Marriage – An Analysis Studies have often attempted to examine the intricate details of divorce by indicating what causes it, which party causes it and how can it be prevented.  Below is an analysis of the National Institution of Health’s study by Liana C.  Sayer of The Ohio State University about how the changing spectrum of society can affect marriages.  First, we’ll review two theories, then compare these and evaluate an opinion based off of these theories. Institutional Perspective The study on divorce and employment is broken into two theories, the…

  • Computer Cybercrime Legislation: Spillover Tendencies

    Robert L. Mues
    11 May 2013 | 2:00 am
    How Computer Cyber Security Laws Can Impact Family Disputes Differently From State To State With the recent buzz surrounding computer cyber communications and email hacking, one should be informed on the general principles and laws of their state.   These laws have come about due to the recent explosion in email hacking, bank hacking, and corporate espionage that have plagued the telecommunication industry in recent years.  An attempt to curb these crimes has led to adoption and passing of harsh penalties that accompany the acts. The harsh penalties that accompany these laws have the…

  • Legacy Trust: A Premarital Planning Tool

    Joseph E. Balmer
    4 May 2013 | 2:00 am
    Estate Planning Specialist, Joseph Balmer, digs deeper into the new Ohio Legacy Trust Law Act, and reveals how it can be used as a protection tool in the area of Family Law. Effective March 27, 2013, the Ohio Legacy Trust Act became law.  With the passage of this act, Ohio became one of 14 states to allow self-settled trusts.  Ohio also, arguably, has one of the 4 or 5 strongest legacy trust act laws with respect to protecting one’s assets against creditors.  This repeals the long held English rule that one cannot set up a trust for himself or herself and protect his/her assets against…

  • Divorce: Welcome to the Roller Coaster!

    Guest Contributor Donna F. Ferber, LPC, LADC
    27 Apr 2013 | 2:00 am
    How To Ride Out The Roller Coaster Of Emotions During The Pain Of Divorce Nothing toys with our emotions like the break-up of a relationship. Elizabeth Kubler-Ross describes the six stages of grief as: Shock Denial Bargaining Anger Sadness Acceptance When one is going through divorce, add another feeling: FEAR.   During divorce, it is possible to feel all of these things at the same time. This deluge of emotions can complicate how the person sees, thinks and feels about the issues thus distorting their perspective when faced with a mountain of decisions. In contrast to the above list, here…

  • Divorce: Time to File Now and Attempt Negotiations Later!

    Anne Shale
    20 Apr 2013 | 1:00 am
    Four Common Reasons Why A Spouse Will Initiate A Divorce In the arena of family law, also known as domestic relations law, there are occasions when negotiations take place with the hope that a dissolution of marriage might result or a “non-contested” divorce action might ensue.  These negotiations are intended to achieve settlement of disputed issues and to avoid the very costly and emotionally consuming action of a “contested” divorce.  But, while trying to negotiate settlement of certain issues, there are times when it becomes apparent that a divorce proceeding must be filed…
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    NJ Family Legal Blog

  • GRANDPARENT VISITATION STANDARD AFFIRMED BY APPELLATE COURT

    Sandra C. Fava
    20 May 2013 | 3:05 am
     An interesting part of the practice of family law are the rare issues; the one that may not walk through the door every day.  Grandparent visitation cases oftentimes fit into this category.  They nearly always prove interesting, regardless of whether you represent the grandparent(s) or the parent(s), and they can quickly become complex and difficult (both emotionally and legally).  The NJ Appellate Court issued an unpublished decision in the matter of L.A.B. v. B.L.P. and C.J.B. affirming and reminding both litigants and practitioners of the standard utilized by courts…

  • DEBUNKING NEW JERSEY'S FAMILY LAW MYTHS

    Robert A. Epstein
    14 May 2013 | 10:59 am
    Over time, many myths have developed in the ever changing world of New Jersey Family Law.  The question is whether they are true, false, or somewhere in between.   In a new publication on the Fox Rothschild Family Law Practice Page, we debunk many of those myths one at a time.   The publication, entitled "Debunking New Jersey's Family Law Myths," addresses a wide range of myths including, but not limited to:   Is alimony is determined by a formula? Does the "permanent" in permanent alimony really mean what it says? Is joint residential custody…

  • Alimony and Living Together for Love

    Apple Sulit-Peralejo
    9 May 2013 | 7:06 am
    If there is cohabitation by an ex-spouse who receives alimony, the ex-spouse is at risk not only to a potential decrease in alimony but also at risk for a total termination of alimony.  On March 7, 2013, the New Jersey Appellate Division released the published decision of Reese v. Weis upholding a trial court’s termination of permanent alimony as a result of cohabitation. As we have blogged in the past, cohabitation is considered a change of circumstances that warrants review of alimony.  New Jersey Courts have described “cohabitation” as involving an…

  • Divorce in Your Sixties - Is Permanent Alimony the Right Result?

    Eric S. Solotoff
    26 Apr 2013 | 11:31 am
    Wikipedia defines grey divorce as a "term referring to the demographic trend of an increasing divorce rate for older ("grey-haired") couples in long-lasting marriages."  Now while "grey divorces" of a short or mid length marriage provide challenges for a divorce attorney, many believe that divorces of long term marriages are easy.  Just whack up the assets 50-50, agree to permanent alimony and call it a day, right?  That is not an uncommon result, but does it really make sense to do so and not consider real life anticipated events…

  • Pennsylvania Ends the Use of Parent Coordinators

    Eric S. Solotoff
    26 Apr 2013 | 10:14 am
    Earlier this year, we blogged about  of our colleague, Aaron Weems' post on our firm's Pennsylvania Family Law Blog, which advised that any recommendations by a parent coordinator would be given a de novo review by a court.  A de novo review means that the Court is taking a completely fresh look at the issue and is not obligated to make or accept the same conclusions, interpretations, or issue the same Order as the prior level did (in this case, the Parent Coordinator); their job is to look at all of the information as though it is brand new to everyone and reach a decision…
 
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    Lewis Kannegieter Law, Ltd.

  • 5 Questions to Ask Before Hiring an Attorney

    JRLK
    23 May 2013 | 8:00 am
    1. What areas of law do you practice? Does the attorney limit their practice to one or two areas, or do they take the “Jack of all trades” approach? There are many different areas of law; if an attorney practices a little bit of everything, does he or she have the depth of knowledge necessary for your case? 2. How many open cases do you typically have at one time? It is not uncommon for attorneys to have dozens of cases open at one time. Do you want to get lost in the crowd, or do you want personal attention from the person handling your legal matter? 3. Who will be working on my case?

  • 5 Things Couples Need to Know Before Buying Real Estate

    JRLK
    16 May 2013 | 2:15 pm
    Buying a house can be an exciting, and overwhelming, time.  For couples purchasing real estate there are some legal consequences they should be aware of.  All too often these consequences are not considered until the relationship has soured and a court case is imminent.  Here are 5 things that couples need to know before buying real estate. 1. Being married changes everything. If you are legally married, your spouse has a “marital interest” in your property – regardless of whether the spouse is listed on the deed. The marital interest starts at the time of marriage. Your…

  • Creating the Perfect Child Custody/Parenting Time Arrangement for Your Children

    JRLK
    9 May 2013 | 8:00 am
    One of the most difficult things in any paternity or divorce case is figuring out the schedule for your children – this comes into play when talking about both physical custody and parenting time. In Minnesota, physical custody is the routine, daily care of the children. Parties can have joint physical custody, or one party can have sole physical custody. Joint physical custody does not mean 50/50 – in fact some parties may use the term “joint,” although the children spend almost all of their time with one parent. Parenting time (formerly known as visitation) is the time that each…

  • Selecting the Right Person Makes a Difference: Personal Representatives, Executors, and other Agents

    JRLK
    5 May 2013 | 8:00 am
    One of the most important things in preparing your estate plan is naming the appropriate person to act as your Personal Representative (or Executor). Some people feel there is a “right” person to name, by virtue of relationship, birth order, or proximity – these reasons can lead to disastrous results if the wrong person is selected. A complete estate plan can require several different appointments – personal representative (executor), attorney-in-fact, trustee, health care agent. These positions are very important and can be complex. A Personal Representative (or Executor) is…

  • Think you’re saving money by not hiring a lawyer? Think again.

    JRLK
    2 May 2013 | 8:00 am
    Just like all of you non-lawyers hear the horror stories of over-priced attorneys and expensive litigation (i.e. “I know someone who spent $50,000 on his divorce. All that for nothing!”), lawyers get to hear all of the horror stories of clients who think they can do it without a lawyer, and then suffer the consequences. Just in recent months I have heard countless stories (from other attorneys and the people themselves): The woman who used a paralegal forms service for her divorce, where she was awarded an interest in her husband’s retirement account. However, nobody told her that to…
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    Divorce And Mediation Blog

  • Same Sex Marriage, Cohabitation, Child Custody....

    22 May 2013 | 12:55 pm
    Here is a New York Times article that gives lawyers and judges one more thing to chew on in child custody cases. A Texas court enforced an order prohibiting a same sex couple from living together in Texas with the children of one of them in the home. In Texas, they can't get married, so the court enforced a morality clause in a divorce agreement to keep them apart when the children were present. According to the story, such provisions are typical in that jurisdiction. The last time I saw a judge in California make such an order in a case with two people of opposite gender living together has…

  • Collecting Delinquent Child Support, License Suspension....

    16 May 2013 | 9:54 am
    Under a 2012 law, the Indiana Secretary of State suspended the licenses of two Indiana stockbrokers for failure to pay child support - one was from California, but he was licensed in Indiana. We tend to forget that this remedy is available for the very delinquent, but this case brings it back into our focus. Through the Department of Child Support Services, such remedies have been available in California for many years, Although DCSS requires that the recipient open a claim with that office, which has its own problems in pursuing support in many cases [including many months of delay and…

  • No Money for California Divorce Courts, etc.

    15 May 2013 | 12:16 pm
    In a recent article in The Recorder, it was reported that Governor Jerry Brown's revised spending plan [his 2013-14 budget] contains no additional money for our courts. The story quotes a Judicial Counsel lobbyist as stating that the courts will not be able to make payroll by July, 2014, the start of the fiscal year, because of new changes proposed by Brown that will prohibit courts from maintaining a reserve account of any sizable amount for cash flow purposes. If you have been in a family law department in the last year in San Diego County, you will see part of what budget cuts have done -…

  • Valuation of Assets, Businesses and Professional Practices.

    9 May 2013 | 2:05 pm
    The general rule in family law cases in California is that assets are valued as of the date of trial [or settlement, which is how most of our cases are resolved]. From time to time, there are reasons for a different date to be used: For example, an asset that has been damaged or destroyed, or a business that has substantially changed in value allegedly due to the activities of one spouse. If you have a case involving a business or other asset that has changed value since separation to your detriment, it is important to do two things: Hire an attorney who specializes in business or property…

  • Unpublished Appeals Court Opinions

    7 May 2013 | 2:22 pm
    From time to time, you may read or hear about appellate court decisions that are unpublished. These are decisions of a court of appeal that do not find their way into the state's official reports of the courts. While these decisions are important to the litigants, the appellate court may feel that the rules in the decision are repetitive, or they just don't want the results made part of the official record, either because the facts are very unusual, or they don't want courts and lawyers relying on the reasoning that resolved a particular case. For lawyers, such decisions create several…
 
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    Colorado Springs Divorce Attorney Blog

  • Military Divorce - Service Relief Act

    15 May 2013 | 9:29 am
    By Teresa A. Drexler Partner and Attorney The Gasper Law Group, PLLC Military servicemembers face a myriad of challenges when they are deployed, in training or otherwise unavailable due to their military responsibilities and commitments. The problem is evident in many divorce and parenting cases where the non-servicemember files for a divorce or for parenting time orders when the military parent is unavailable to participate. In any divorce or parenting case involving a military service member, the application of the Servicemembers Civil Relief Act (SCRA) can create a roadblock for either or…

  • “Yes, you too must pay your child support Mr. NFL Superstar”

    12 Sep 2012 | 11:25 am
    By Daniel N. Noffsinger Divorce and Family Attorney The Gasper Law Group, PLLC You may remember Travis Henry: running back drafted by the Buffalo Bills in 2001, spent two years with the Tennessee Titans, and then a modest year with the Denver Broncos in 2007, the last year Travis Henry was on the field after pleading guilty to a cocaine charge. What about Jamal Lewis? Lewis had a magnificent career with the Baltimore Ravens before finishing his career with the Cleveland Browns. After becoming the second rookie in history to run for more than 100 yards in a Superbowl (2001), Lewis retired from…

  • Divorce in Colorado after Infidelity

    11 Sep 2012 | 11:50 am
    By Sebasti E. "Emma" Adams Divorce and Family Attorney The Gasper Law Group, PLLC "He cheated!" She broke your heart! He tore the family apart! It’s her fault she had an affair! We’ve heard it all. It’s heart braking and it’s unfair, but it doesn’t matter to the courts. Colorado is a no-fault divorce state. Meaning the person asking for a divorce DOES NOT have to prove the other person committed adultery, was physically or emotionally cruel or abandoned the other party. Instead, they just have to state that the marriage is irretrievably broken. A no-fault divorce state like ours…

  • Child Tax Exemptions: What am I allowed to claim?

    19 Aug 2012 | 7:30 am
    By Teresa A. Drexler Partner and Attorney The Gasper Law Group, PLLC Many people come to our office seeking parenting orders not only for parenting time and expenses for the children, but also with regard to who gets to take child tax exemptions each year. A common question we are asked is “Why does he/she get to take tax exemptions when he/she never sees the children?” Many people come to our office and do not understand why the other parent should be entitled to claim any exemptions if the children are not residing with that parent at least ½ of the time or in some cases simply at all.

  • A Hollywood Annulment

    13 Aug 2012 | 2:54 pm
    By Jessica L. Hughes Attorney At Law The Gasper Law Group, PLLC We’ve all seen them. The cliché romantic comedy or the storyline concocted to draw in viewers for May sweeps. The “will they/won’t they” couple, through a drunken haze or a misunderstanding of foreign culture, end up hitched. Yet in the harsh reality of the next morning’s light one of the parties adamantly insists the night before was just “one big mistake.” The cliffhanger leaves the audience wondering how such a horror can be rectified. Like a shining beacon of hope one little word is uttered… Hugh Grant…
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    North Texas Family Law Blog

  • You Can't Have Too Many People Pitching for a Kid

    Jimmy Verner
    23 May 2013 | 12:56 pm
    A Major League baseball team has twenty-five men on its active roster. The active roster consists of the players who suit up to play in a given game. Of these twenty-five players, five will be the starting pitchers. Typically, the bullpen will number seven more pitchers, consisting of relievers, a set-up man and a closer, and sometimes a left-handed specialist. There will be even more pitchers on the forty-man roster, which includes fifteen players who don't suit up for a game but who could be called up for the next one.

  • Agreements Incident to Divorce and Final Decrees of Divorce

    Jennifer Hargrave
    17 Apr 2013 | 8:29 am
    This post is a continuation of Jennifer's Hargrave's series on now various methods of settlement are incorporated into divorce decrees. The series began with Rule 11 Agreements and Final Decrees of Divorce Before trial, parties to a suit for divorce can resolve issues related to the division and confirmation of marital property and spousal support through an agreement incident to divorce (AID). Tex. Fam. Code § 7.006(a). The AID can divide the spouses' community property and liabilities, confirm their separate property and liabilities, provide for spousal support, set forth the…

  • Amended Dallas County Standing Order

    Jimmy Verner
    15 Apr 2013 | 9:26 am
    Many courts have adopted "standing orders." These order incorporated the injunctions regarding divorces and suits affecting the parent child relationship in the Texas Family Code. The Dallas County Family District Courts amended their standing order effective April 1, 2013. The amended Standing Orders are:  AMENDED DALLAS COUNTY FAMILY DISTRICT COURTS GENERAL ORDER (Revised April 1, 2013) DALLAS COUNTY STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES No party to this lawsuit has requested this order. Rather, this order is a standing order of the…

  • Divorce Without Disaster - More on Privacy

    Janet Brumley
    27 Mar 2013 | 7:54 am
    This is the 12th of a serialization of Janet P. Brumley's book about Collaborative law, called Divorce Without Disaster. This post is Chapter 2, part 4 of the book. When litigants go to the courthouse for a hearing or an attorney's office for a deposition or witness statement, proceedings are usually on the record. People who value privacy are suddenly in an open courtroom discussing their sex lives, their finances and their taxes. This is all recorded by a court reporter and saved for posterity. Inventories and appraisements listing all the parties' assets and liabilities (complete with…

  • The Differences Between Collaborative and Cooperative Law

    Paul Brumley
    25 Mar 2013 | 8:03 am
    Collaborative divorce and cooperative divorce are processes by which parties may attempt to resolve their divorce cases by use of negotiation and use of professionals. They are alike in that the processes both attempt to avoid the courthouse with its incidental court appearances, formal discovery and the arbitrary deadlines of the statutes and rules. However, collaborative law and cooperative law differ in important respects. Collaborative law is codified into the Texas Family Code in Chapter 15. The statute requires that a collaborative family law participation agreement be signed and that…
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    pinktape.co.uk

  • Argumentative? Moi?

    familoo
    23 May 2013 | 1:11 pm
    Upon being introduced to me: “Oh – you’re the one who argues endlessly with the whole world on that blog!” Me : “Erm. I prefer to call it engaging”.  

  • I have been modernised…

    familoo
    18 May 2013 | 12:56 pm
    This week I attended a lecture by our new Designated Family Judge here in Bristol, His Honour Judge Wildblood QC, to inform the legal community about modernisation, the new PLO and how things will be in the new world order. Although some of the lecture dealt with local approach to particular issues, the majority of it will, I think, be illuminating for those practising further afield. So below are my notes of that lecture. Lawyers beware. 4 Concepts: Communication Collaboration (team work) Change (recognise and accept) Committment New PLO due out 24/6/13, under Pt 36 FPR. Family Justice…

  • Doom and Gloom and very black Coffee

    familoo
    15 May 2013 | 3:55 pm
    Just thought I’d pop in and say hi. I am still here, not-blogging away quietly. I’m freshly arrived back from completing the annual bar survey, which prompted all sorts of deep consideration of life and the future. To respond to the questions I had to tot up how many hours a week I work (don’t ask) and rate my feelings about life at the bar and such things as where I think I might be in 2 years time (cue ambivalent and contradictory responses). Frankly who knows. It occured to me as I box ticked my way through said survey that I could have had four children adopted by then,…

  • O-ver-load

    familoo
    5 May 2013 | 3:41 pm
    You know that thing when the Daleks get a bit hot under the carapace and spin around in confused fashion before grinding to a smokey halt, toilet plunger wilting at a jaunty angle? That. That is the feel of those of us struggling to absorb the vast amounts of new guidance, update and direction. “All-ca-ses-must-be-com-ple-ted-in-twen-ty-six-weeks…You-must-com-ply.” Oh for a sonic screwdriver. Or an alcoholic one. My inbox has steam coming out of its ears. So. What do we have? “A View From The Presidents’ Chambers” Part Deux, in which our hero Munby observes…

  • Stick to the day job

    familoo
    25 Apr 2013 | 1:49 pm
    It is a truth universally acknowledged that at least 90% of people who work with children have not a clue about parental responsibility. Well, perhaps not universally acknowledged, and perhaps not 90%. And perhaps some of them have a little bit of a clue, but a little bit of a clue is a dangerous thing. A lot of the people you might expect to have a basic working knowledge of PR in fact operate on the basis of an entirely fictional version of parental responsibility. Teachers are the prime example. They’re good at being teachers, rubbish at understanding PR. This is not the fault of…
 
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    Maryland Divorce Legal Crier

  • Senior Rights

    James J. Gross
    14 May 2013 | 9:01 am
    We frequently write about divorce for people over 50 on this website.  Joseph Atkins, webmaster and editor of Senior Dating Blog, has sent along this helpful list of 100 blogs about senior rights.

  • Paternity Tests Ordered in Cleveland Kidnapping

    James J. Gross
    10 May 2013 | 8:36 am
    Police have ordered DNA tests to determine whether Ariel Castro is the father of Amanda Berry’s 6 year old daughter.  He is accused of kidnapping and raping Berry and two other women and holding them captive in his Cleveland home for years. Many will find it hard to believe that a person convicted of such awful crimes would be able to assert any parental rights such as custody and visitation. But Maryland, DC and Virginia are among the majority of jurisdictions that do not have laws terminating parental rights upon conviction of rape of the birth mother. So is Ohio.  If Castro sues for…

  • Adultery No Bar to Custody

    James J. Gross
    9 May 2013 | 8:46 am
    In 1978, Robert Swain divorced Nancy Swain because of her adultery.  She did not deny it.  In fact, she was living in an apartment with another man she intended to marry. What Robert objected to was the order giving Nancy custody of their minor daughter.  His position was that exposure to an adulterous relationship inevitably causes detriment to the morals and welfare of a child of impressionable years. The Maryland Court of Special Appeals disagreed.  It said there are no presumptions that adultery makes you an unfit parent.  Adultery is relevant only as if it actually affects the…

  • Late Counterclaim

    James J. Gross
    6 May 2013 | 1:36 pm
    If your spouse files a Complaint for Divorce against you, you have 30 days from the date you are served to file an Answer if served in the state of Maryland.   Maryland Rule 2-321(a). You may also file a Counterclaim against your spouse.  Maryland Rule 2-331(a). But if you file it more than 30 days after your Answer was due, your spouse can file a Motion to Strike your Counterclaim for being late.  The court shall grant the motion unless you can persuade the judge that the delay will not prejudice your spouse.  Maryland Rule 2-331(d).

  • Legal Writing: Splitting Infinities

    James J. Gross
    3 May 2013 | 8:53 am
    “There is a busybody on your staff who devotes a lot of his time to chasing split infinitives. Every good literary craftsman splits his infinitives when the sense demands it. I call for the immediate dismissal of this pedant. It is of no consequence whether he decides to go quickly or quickly to go or to quickly go. The important thing is that he should go at once.” George Bernard Shaw, Letter to The Times (19th c.)
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    Fathers' Rights Not Just Every Other Weekend

  • Taking the Children Out of State

    James J. Gross
    7 May 2013 | 1:28 pm
    Someone asked today for the Maryland case that prevents a parent from relocating to another state with the minor children before a custody order is entered. Surprise!  In Maryland, there is no case and no law against it.  Some lawyers and some judges will disapprove of this tactic, especially in the middle of a school year, but it is not illegal. Until there is a custody order, both parties have joint legal and physical custody of their children under the common law.  That means either parent can take them anywhere. It is then up to the parent left behind to go to court and try to get an…

  • Marital Status and Child Support

    James J. Gross
    19 Apr 2013 | 1:43 pm
    Guest post by Lauren Williams, staff writer at King Law Offices, Family Law Attorneys in NC & SC. In Maryland, a child’s entitlement to support does not depend upon parents’ marital status. Every child is entitled to a level of support in proportion to the parents’ economic position regardless of whether the child is born of wedlock or out-of-wedlock or to parents whose marriage ended in divorce.  As with children of divorce, children born out-of-wedlock are entitled to fairness and equity in regard to child support. “Born out-of-wedlock” means born to an unmarried female or…

  • Fathers and Stepfathers

    James J. Gross
    19 Mar 2013 | 7:34 am
    Two of my friends called for some advice this week.  One is a father who is separated from the mother.  That have a little girl.  The mother has remarried and her new husband and my friend are in constant conflict over the child.  So far they have had disputes over visitation, clothing, discipline, medical treatment and sports. As might be suspected, the mother sides with the new husband in these disputes.  I have suggested settlement, mediation and a parenting coordinator but the mother has rebuffed all of these suggestions. My other friend is a stepfather.  He married a woman who has…

  • Deion Sanders Wins Custody

    James J. Gross
    14 Mar 2013 | 1:33 pm
    In the child custody fight between football start Deion Sanders and his wife Pilar, a Texas jury has awarded full custody of their two sons, ages 11 and 13, to Deion and shared custody of their daughter, age 9.

  • How to Lose a Child Custody Battle

    James J. Gross
    4 Feb 2013 | 11:40 am
    Sometimes celebrities can teach us what not to do.  TMZ reports that an Atlanta family court judge has awarded Tawanna Iverson custody of her five children with NBA basketball star Allen Iverson. The judge found that Allen “does not know how to manage the children; has little interest in learning to manage the children and has actually, at times, been a hindrance to their spiritual and emotional growth and development.  For example, he has refused to attend to an obvious and serious alcohol problem, which has caused him to do inappropriate things in the presence of the children while…
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    Family Law Source by Brian Vertz

  • Vague Threat “Or Else” May Be Enough for Protection From Abuse

    bvertz
    24 May 2013 | 7:28 am
    During a custody exchange, a child’s father told that the mother that she’d better not refer to her boyfriend as the child’s dad “or else.”  While yelling at her, he pointed his finger in her face.  He also placed his hands around her boyfriend’s hands and squeezed. Upset and fearful, the mother applied for an extension of an existing PFA (protection from abuse) order. The trial court found that father had violated the PFA order and granted the extension for another 18 months. Father appealed to the Superior Court. In his appeal, the father argued that…

  • Gifts Still Not Income in Child Support Proceedings

    bvertz
    20 May 2013 | 7:55 pm
    In Suzanne D. v. Stephen W., 2013 Pa.Super. 93 (April 22, 2013), the Superior Court contemplated how to characterize $350,000 in money transfers that father received from his father, in the context of a post-divorce child support proceeding. Father testified that the transfers were loans, evidenced by a promissory note, which would be deducted from his inheritance if not repaid before his father’s death. Mother, on the other hand, claimed that the transfers were gifts that Father never intended to repay, and she argued that the gifts should be counted as part of Father’s income when…

  • Pennsylvania Courts Examine Full and Fair Disclosure in Family Law Agreements

    bvertz
    19 May 2013 | 8:12 pm
    Marriage and divorce are not cold business transactions. Couples who are about to marry or divorce have emotions and intimate relationships that may compromise their ability to negotiate at arm’s length like business people. For this reason, the law of Pennsylvania prior to 1990 imposed two special requirements upon family law agreements, such as prenups and divorce settlement agreements.  Pennsylvania law prior to 1990 required (i) full and fair disclosure of each party’s property, income and statutory rights; and (ii) the agreement had to make a reasonable provision for each spouse…

  • Why is Child Support Based on Income, without Considering Expenses?

    bvertz
    17 May 2013 | 12:28 pm
    As a child support lawyer, I am frequently asked why the Pennsylvania child support guidelines don’t consider a parent’s expenses. Sometimes paying child support makes a parent “see red.”  Parents may experience personal budget deficits when they have to add child support to the list of bills they pay each month. And the court doesn’t seem to care. What gives? The child support guidelines do not (generally) consider expenses. That’s because every parent’s willingness to spend money is different. Two parents with the same income might have very…

  • No PFA Restraining Order with a Hearing, Says PA Court

    bvertz
    5 May 2013 | 5:19 pm
    One of the fundamental rights guaranteed by our Constitution is due process, the right to notice and an opportunity to be heard in court. Laws that impair due process are narrowly construed, but they do exist, such as the law that authorizes temporary protection from abuse (PFA) restraining orders. Under Pennsylvania law, the defendants are not entitled to receive notice or an opportunity to be heard before a temporary PFA order is issued. In order to protect victims of physical abuse, defendants can be evicted from their homes and restricted from contacting their spouses and/or children,…
 
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    Blog entries

  • 6 Strategies To Divide Debt During Divorce

    23 May 2013 | 4:00 pm
    It is a rare couple that does not incur debt during a marriage.Divorce calls for dividing up the debts, but it can be a frustrating and confusing process. Handling Debt When Facing DivorceRead the following strategies that you could make use of so that you'rRead More...

  • Can I Repossess The Car If She Is Not Making The Payments?

    22 May 2013 | 4:00 pm
    Question:My ex has not made any of the payments on a car that is registered to me.Can I repossess the car or deduct the payment that I am now going to have to make from the child support?Answer:I am unable to give you legal advice on divorce. IRead More...

  • Parenting Plans and 'Tacked On' Vacation For Extended Parenting Time

    21 May 2013 | 4:00 pm
    Question:In my parenting plan it reads the father will have two uninterrupted weeks during the summer.One of the weeks we agreed to will start on a weekend they are with me. The problem is the next weekend is not my planned weekend with them but is Father's Day so I will have my kids again.My question is would my uninterrupted weekRead More...

  • Proving College Enrollment To Continue Child Support

    20 May 2013 | 4:00 pm
    Question:How can I get proof that my child is still attending college on a full-time basis?If he has stopped going to school I can terminate my child support order, but we no longer speak and I'm not sure how to find out his enrollment status.

  • How To Overcome The Death of a Loved One

    19 May 2013 | 4:00 pm
    The experience of losing a loved one can feel dark and lonely, especially as a divorced man. Whether you've lost a father to cancer or unexpectedly lost a child, death and loss is a unique experience to an individual.Although we can empathize with a friend or share the grief of a family member, how someone copes with death and heals from a loss is ultimately a Read More...
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    Marilyn Stowe Blog

  • Will & Grace star Debra Messing: my ‘guilt’ about divorce

    Marilyn Stowe
    24 May 2013 | 11:15 am
    Debra Messing feels guilty about the failure of her marriage to screenwriter Daniel Zelman, the actress tells More magazine. The 44 year-old, best known for her starring role in popular sitcom Will & Grace, split from Zelman in 2011, after 11 years of marriage. She filed for divorce the following June. Messing told the magazine: “We both wanted it to last forever, and it’s a sad thing that it wasn’t able to go the course Part of me will always contend with guilt that I wasn’t able to give my son the fantasy that my parents were able to give me.” Work commitments kept…

  • Scientologist granted permission to appeal to the Supreme Court in wedding venue clash

    Marilyn Stowe
    24 May 2013 | 4:35 am
    A Scientologist who lost a High Court bid to marry in the organisation’s London venue has been granted permission to appeal to the Supreme Court. Louisa Hodkin had planned  to marry fiancé Alessandro Calcioli in the Church of Scientology’s building on Queen Victoria Street. But the planned wedding could not go ahead because the Registrar General for Births Deaths and Marriages refused to recognise the venue as a place where legally valid religious marriages could take place, saying it was not “a place of meeting for religious worship”. Hodkin and her team appealed the ruling,…

  • Benefits cap will be a disaster for vulnerable families, test case claims

    Marilyn Stowe
    24 May 2013 | 4:23 am
    Vulnerable families will face substantial hardship after the introduction of a £500 weekly cap on welfare benefits, according to newly filed court papers. In the first of a series of test cases opposing the cap, lawyers for four welfare-dependent families said victims of domestic violence could even be forced to return to their abusers: “Two of the families will receive nil for basic subsistence (food, clothes, heating) as their rent exceeds the £500 per week cap. They will immediately fall into arrears, face eviction and street homelessness. Two of the families have fled domestic…

  • Divorce and Splitting Up – the ink and paper edition!

    Marilyn Stowe
    24 May 2013 | 4:16 am
    When I launched my Kindle book Divorce & Splitting Up: Advice from a Top Divorce Lawyer in January 2013, I hoped people going through divorce or separation would find it useful during what can be a very confusing and difficult time. It has since gone on to sell more than 1700 copies and drawn positive reviews. This was my first book in nearly ten years and I was determined to make it available to as many people as possible. It was written for anyone and everyone considering divorce, irrespective of their personal and financial circumstances. I wanted to be frank about the practical…

  • EU parliament votes for domestic violence legislation

    Marilyn Stowe
    23 May 2013 | 10:00 pm
    Victims of domestic violence living in the EU will be able to rely on restraining orders issued in one member state while living in another. The European Parliament has voted overwhelmingly for EU-wide ‘protection order’ legislation proposed by the European Commission, meaning that restraining orders issued for domestic violence will become portable and travel with their victims within Europe. The measure will now pass to the EU Council. Formal adoption is expected next month. Members states will then implement the regulation into their own legal systems. EU Justice Commissioner Viviane…
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    Tripp Atkins, Greenville Divorce Lawyer, Greenville, SC Divorce LawyerTripp Atkins, Greenville Divorce Lawyer, Greenville, SC Divorce Lawyer |

  • What is a parenting plan

    Tripp
    23 May 2013 | 10:30 am
    Recently, South Carolina Family Courts started requiring parents involved in contested child custody actions to prepare and present a parenting plan to the Court at hearings.  So what is a parenting plan?  Essentially, the parenting plan is each parent’s proposed plan that answers the questions about who they propose would have custody (father, mother, or some form of joint custody), how decisions will be made for the children going forward, and a placement plan that describes the time that the children will spend with each parent. Attached is a PDF version of the parenting plan used…

  • What Impact will Adultery Have?

    Tripp
    21 May 2013 | 12:28 pm
    When consulting with potential clients about their divorce, I am often asked the following hypothetical question: I would like to start dating again.  What impact will it have on my case if I start seeing someone? In other words, what impact will your spouse proving you have had an adulterous relationship have on your divorce case? 1. Divorce The first place you should look is at the grounds for divorce.  SC Code §20-3-10(1) allows for a divorce on the grounds for adultery.  I wrote about the proof required for establishing a case of adultery in a previous post.  By establishing the…

  • Ten Facts about Adoption-Related Tax Savings

    Tripp
    12 Apr 2013 | 8:18 am
    Adoptions are an exciting time in a family, but they can also be extremely expensive.  If you recently adopted or attempted to adopt a child, you may be eligible for a tax credit. You may also be eligible to exclude some of your income from tax. The IRS has recently released a list of 10 Facts about Adoption-related expenses and how they can impact your tax bottom line. 1. The maximum adoption tax credit and exclusion for 2012 is $12,650 per eligible child. 2. To be eligible, a child must generally be under 18 years old. There is an exception to this rule for children who are physically or…

  • What does Twitter Archive mean to your divorce or custody case?

    Tripp
    11 Mar 2013 | 12:34 pm
    What will Twitter Archive mean to your case?  Social media evidence has come into use greatly over the last couple of years.  And, why not?  People record and publish their every move throughout the day – the mundane and of course the exciting highlights. But, many people fail to use common sense when they post to social media.  They forget that they are embroiled in a highly contested custody case or a divorce matter where they have been accused of being a drunk or having an affair. I’ve written about social media use in trial before (here and here) so you can find out how…

  • Who Gets to Claim the Children on Taxes?

    Tripp
    26 Feb 2013 | 7:37 am
    In a custody case, one of the issues involved in many negotiations is who will get to claim the children as dependents on their income tax returns.  This is called the dependency exemption.  Children can be quite valuable when it comes to filing taxes and how much a person will owe or receive back as a refund.  Many clients, especially lower income clients who receive the Earned Income Tax Credit can receive thousands of dollars back which is more than several months of income from their job. South Carolina Family Courts have the authority to determine which parent gets to claim the…
 
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    South Carolina Family Law Blog

  • Millionaires Fight Over $50,000 A Month Child Support Payments

    J. Benjamin Stevens
    24 May 2013 | 5:30 am
    A recent New York Times article discussed an especially scandalous story involving hedge fund millionaires, a love child and a potential gold-digging, Mount Everest-climbing socialite. The story begins in Aspen, Colorado, a city full of wealthy jetsetters looking to mingle. It was there that Warren Lichtenstein, a Wall Street financier, met Annabelle Bond, a British socialite and mountain climber who once summited Mt. Everest. The two quickly began a relationship and, five years ago, had a child together. Though they got engaged, they never married and broke up soon after their daughter was…

  • New Jersey Follows Florida’s Lead Toward Ending Permanent Alimony

    J. Benjamin Stevens
    23 May 2013 | 5:30 am
    As we recently discussed, Florida’s legislature took up a measure that would end permanent alimony in that state. Following hot on its heels, the New Jersey legislature recently began considering a bill that would make a major change to its state divorce law. Some states, including South Carolina, still permit “permanent” alimony, meaning after a divorce one spouse can end up paying money to the other spouse for the rest of their lives. Under New Jersey’s current law, the court may award four types of alimony: permanent, limited duration, rehabilitative, and reimbursement.

  • Five Relationship Tips to Help Save Your Marriage

    J. Benjamin Stevens
    22 May 2013 | 5:30 am
    Yes, our firm handles a lot of divorce cases in Spartanburg, Greenville, and the surrounding area. However, contrary to popular belief, we are not pro-divorce by any means. As I said in an interview with a local television station several years ago, I believe divorce lawyers are a “necessary evil” in today’s society. If a marriage can be saved and made healthy again, that’s always a better outcome than divorce. While many marriages are simply not salvageable, we sincerely hope the following tips might help save a few of them: Find the Right Ways to Communicate…

  • Does the Internet Strengthen Marriage?

    J. Benjamin Stevens
    21 May 2013 | 5:30 am
    A surprising study discussed in the Wall Street Journal linked a connection to the internet to an increase in marriage rates. Surprisingly, the study found that marriage rates among young couples, which had been on the decline for years, are actually between 15 and 30 percent higher than they would be without the existence of the internet. The study’s author, Andriana Bellou, found that there is a convincing causal correlation between the internet and marriage rates. Bellou, an assistant professor of economics at the University of Montreal, based her findings on data she examined from 1990…

  • Failure to Pay Child Support on the Increase – Possibly Leading to Jail Time

    J. Benjamin Stevens
    20 May 2013 | 5:30 am
    Several articles have appeared in newspapers across the country discussing parents who have fallen behind on their child support payments. Not only have the parents accumulated substantial arrearages, but several are now facing jail time as a result of their actions – sparking a discussion about whether this approach helps or hurts the situation. In one case, a woman from Texas was charged with two counts of felony non-support for falling thousands of dollars behind on her child support payments. The woman was fined thousands and given a five-year- suspended sentence for her actions. A New…
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    Divorce Lawyers Chicago

  • Michael C. Craven’s Tips for Helping Kids Survive Divorce

    Divorce Lawyers Chicago
    15 May 2013 | 6:06 am
    Children and Divorce When it comes to handling the legal aspects of your divorce, you’ll be hard pressed to find a stauncher advocate than me.  I know just how difficult the process can be, and no one will work harder to help you through it.  Unfortunately, one of the bigger problems with divorce is what it can do to any children involved; they’ve spent their entire lives with married parents, and now that’s been turned upside down. While I can’t fix that problem, I managed to do a little research to provide you with some tips on how to help guide your kids through…

  • How to Choose a Divorce Lawyer in Chicago

    Divorce Lawyers Chicago
    30 Apr 2013 | 1:15 pm
    How to Choose aChicago Divorce Lawyer The marriage may have been a disaster, but going through a divorce without an attorney can be even worse.  To help ensure that you will be treated fairly during the divorce process, it is important to find an experienced divorce lawyer in Chicago. An experienced divorce attorney will inform you of your legal rights and work to represent you and the best interests of your family.  Some divorces may be settled out of court, however, if your case does end up going to trial, it is in your best interest to be represented by an experienced and competent…

  • Michael Craven Presenting at Divorce University

    Divorce Lawyers Chicago
    18 Apr 2013 | 6:33 am
    The Lilac TreeDivorce University As a Chicago Divorce Attorney, I am honored to, once again, be presenting at the Lilac Tree’s upcoming Divorce University on Sunday, April 21, 2013 at the Hilton Garden Inn in Evanston, Illinois.  My presentation will be from 2:00 p.m. – 3:00 p.m. and is  titled, Financial Panel – Know Your Finances.  I will also be available for questions during the Breakout – Financial Q & A session from 3:00 p.m. until 4:00 p.m. The Lilac Tree is a resource and a haven for women contemplating divorce, in the process or post-decree.  Their…

  • Technology Easing Difficulties in Joint Custody Cases

    Divorce Lawyers Chicago
    28 Mar 2013 | 6:52 am
    Joint Custody Websites Since my early days as an Illinois family law attorney and a Chicago divorce lawyer, I have seen a great change in the way child custody issues are resolved in divorce proceedings.  Today, joint legal custody and joint physical custody of a child is increasingly common.  This essentially means that both parents have a greater involvement in the decision making and physical upbringing of their child.  This has not always been the case. While joint custody can be beneficial to divorced spouses and a child of a divorce, it also represents an inherent problem.  The…

  • What if a Business Couple Gets Divorced?

    Divorce Lawyers Chicago
    6 Mar 2013 | 8:38 am
    Divorce and Business Many couples go into business together. They make plans to make the business successful, but what they don’t plan for is divorce. With the high divorce rate, it is inevitable that some couples that go into business together will eventually get divorced. What are these couples to do? There are 4 obvious options: continue running the business together, close the business, sell the business or let one spouse gain full ownership of it completely. Financially, continuing the business may be best for both spouses. It isn’t going to be easy, but there are ways to work…
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    Scaling the Summit: Divorce, Families, & Options

  • Can a parent visit their children if there is a restraining order protecting the other parent?

    15 May 2013 | 7:00 am
    In a recent Supreme Court decision, Moreno vs. Naranjo, SJC-11070 (2013) , the SJC dismissed an appeal as moot for a 209A order that had expired, but addressed the underlying issue anyway in order to provide guidance to District Court judges.  In Moreno the District Court judge had considered the impact of the order on visitation and had ordered a 6 month order instead of 1 year because of the likely impact of the order on the relationship between the defendant and the child.  The SJC indicated that this consideration was improper. In deciding the length of an…

  • Should you Give your Ex-Wife a Mother's Day Card?

    11 May 2013 | 4:23 pm
    I stopped at the grocery store yesterday to pick up a few items.  Since this weekend we celebrate Mother's day I made the obligatory trip down the greeting card aisle.  Of course, the seasonal section was a sea of pastel colored cards ranging from religious to sappy to funny (or appropriately politically correct kinda-funny).  There were cards separated into sections "For My Wife", "From Daughter", "From Son", for grandmothers and even great-grandmothers. But there weren't any cards in the aisle labeled "For My Ex-Wife."Why not?One Judge in Plymouth County has a standard speech…

  • Who pays for health insurance after the divorce?

    8 May 2013 | 7:00 am
    Even if you can stay on an ex-spouse's health insurance (which we cover in this previous post), there are two potential costs of staying on an ex-spouse's insurance.The first is the actual cost of the plan. If the plan participant would qualify for a lower cost plan, for instance if the plan participant is single with no children, then the "additional cost" must be paid by either the plan participant or their ex-spouse. Usually the ex-spouse seeking this coverage will pay the "additional cost" but this must be defined in a court order or agreement.In addition, the IRS defines excludaible…

  • What is the standard for amending child support orders?

    2 May 2013 | 7:00 am
    The process for amending a family court order in Massachusetts begins with the filing of a Complaint for Modification.  If you are able to reach agreement on the amendment of a child support order, you can save time in court by filing an administrative action called a Joint Petition for Modification of Child Support.  Although this process may soon be available for other joint modifications, right now it is only allowed for child support, as we discussed in this previous post.If you are unable to reach an agreement, then the court will decide if an amendment to your support order is…

  • What is the Standard for Amending Parenting Plans?

    30 Apr 2013 | 7:00 am
    Most parenting plans drafted by experienced practitioners will include language along the following lines:"Nothing contained in this Agreement shall preclude both parents from jointly and voluntarily modifying the above-described co-parenting schedule or from reaching agreements for the co-parenting of the children by the parents that are not in conformity with the foregoing co-parenting schedule provided that such modifications and agreements be reduced to a writing in advance and be signed and/or otherwise (e-mail) confirmed and/or otherwise ratified by both Parties. Either parent may…
 
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    Lawdiva's Blog

  • Guest Post: What Happens When Nannies Get Stuck Between Divorcing Parents

    Georgialee Lang
    22 May 2013 | 8:36 am
    Divorces are stressful, that cannot be denied. The long and arduous process of dividing family property can leave feelings of animosity and regret. As a parent going through divorce you need to consider how the disruption inherent in divorce is going to affect your much-loved nanny. Of course, your nanny will have to change the daily routine depending on where the children are at during that point in time, but what legalities are involved in continuing the employment of your caregiver once the divorce process begins. 1. Scheduling – As you and your spouse have more than likely…

  • Chicago Courtroom Becomes Stage for Donald Trump’s Theatrics

    Georgialee Lang
    20 May 2013 | 2:23 pm
    Billionaire Donald Trump is used to running the show, whether it be in business or on television, and his penchant for full control made for an interesting few days in Judge Amy St. Eve’s Chicago courtroom last week. Trump is a key witness in a lawsuit brought by 87-year-old real estate investor Jacqueline Goldberg, who is suing him, alleging that after she bought two million-dollar hotel rooms in Trump’s Chicago hotel and condo complex in 2006, he unilaterally changed the terms of the contract, thus depriving her of revenue she expected to receive from the ballroom business and…

  • Charlie Sheen Pays $110,000 a Month in Child Support

    Georgialee Lang
    16 May 2013 | 8:51 am
    American actor Charlie Sheen is a very wealthy man. Rumour has it that before he was fired (or did he quit?) from Two and a Half Men, the popular CBS sitcom, he earned $1.8 million dollars per episode. Nice work if you can get it. Not a stranger to the justice system, Charlie has had his share of legal encounters including court appearances for drug offences, criminal mischief, multiple divorces, and spousal assault. This week however, he was in court supporting a temporary custody order in favour of ex-wife #2, Denise Richards, who as a result of ex-wife #3, Brooke Mueller’s substance…

  • Another Nigerian Scam: Fake Fertility Clinic

    Georgialee Lang
    15 May 2013 | 8:55 am
    A married couple from the United Kingdom tried for eight years to have a baby with no luck at all. After years of disappointment the couple were referred by family members to the Miracle of God Fertility Clinic in Port Harcourt Nigeria. They travelled there, and after paying $20,000, she underwent a fertilization procedure and became pregnant, according to Dr. Chinyere at the Clinic. With much joy the couple returned to their home in England to await the birth of their child. Their first stop was a visit to their family doctor who informed his patient that she was not actually pregnant.

  • Frisbee/Hula Hoop Heiress Appeals Court Order to Pay Her Ex-Husband More Money

    Georgialee Lang
    30 Apr 2013 | 9:07 pm
    When Americans Elena and Peter Marano separated in 2007 after twenty years of marriage they each received one-half of their net worth of $20 million dollars. End of story, right? Not so fast. Between 2007 and 2010 Mr. Marano’s interest in certain real estate investments in London England, where they had lived for most of their marriage, plunged from a value of $88 million dollars to a net loss of $10 million, an astonishing decrease, all on account of the world-wide economic disaster of 2008 and 2009. As a result of Mr. Marano’s stupefying losses, his ex-wife was ordered to pay…
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    Collin County Family Attorneys Blog

  • Texas Baby Boomer Divorce and Alternative Dispute Resolution

    15 May 2013 | 11:47 am
    I came across an article recently, which described how more and more Texas Baby Boomers are turning to Alternative Dispute Resolution mechanisms in order to settle their divorces. A recent national study found that while divorce rates are down overall, the rate among the baby boomer demographic is rising. Surprisingly, the amount of separations for Americans over 50 has recently doubled. The trend has been given the term "grey divorce." However, in lieu of following the traditional courtroom path, many individuals are exploring other ways of finalizing their divorce without the litigious…

  • Former Dodgers CEO Disputes $131 Million Divorce Settlement

    6 May 2013 | 7:47 am
    Former Los Angeles Dodgers CEO Jamie McCourt is urging the court to throw out her $131 million divorce judgment from her former husband and former Dodger owner Frank McCourt. Her attorneys are alleging that she was misled regarding the value of the Dodger baseball team and accompanying franchise related opportunities, which was sold subsequent to the divorce's finalization for $2 billion. Jamie McCourt said her ex-husband committed fraud by misrepresenting the Dodger assets as worth less than $300 million during their divorce, while he allegedly knew all along what the true value was but did…

  • Oklahoma Oil Tycoon Faces Potential $5 Billion Divorce Judgement

    29 Apr 2013 | 7:44 am
    The internet is alight with speculation regarding the divorce of Oklahoma oil mogul Harold Hamm. According to the Forbes' 2013 World's Billionaires list, Hamm is worth an estimated $11.3 billion. The vast majority of his fortune is reportedly held in shares of Continental Resources, an oil giant. His second wife Sue Ann Hamm, who is a lawyer and economist, filed for divorce last year. She has since alleged that her soon to be ex was cheating on her. Therefore, absent a prenuptial agreement, she could potentially be entitled to half of Harold's 68% stake in Continental, which if executed…

  • New Study Finds Divorce Twice as Likely to Drive Children away from the Church

    19 Apr 2013 | 7:25 am
    I came across this article a few weeks ago, which discusses the outcome of a study regarding the impact of parents divorcing on childrens' religious beliefs. According to the results of the study, children with two "religious" parents are more likely to leave their church if the parents divorce. The impact is so great, in fact, that researchers from Baylor University discovered that children in these cases are twice as likely to become estranged from their church when compared with children who have parents who stay married. Additionally, the study concluded that these children's religious…

  • Beware the Allure of Online Legal Forms

    11 Apr 2013 | 7:09 am
    The internet is alight with so much expansion, it seems almost everything is just a click away. Recently, there have been reports of increasing numbers of Texas couples looking to the internet in order to file for divorce. The potential draw of this option is that it seems to promise to provide a fast and relatively inexpensive way for couples to dissolve their marriage. The reality, however, is that rather than simplify, these one size fits all documents may only complicate things further, leading to additional legal costs in the long run. For example, some programs only address the matter…
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    Farzad Family Law

  • Fathers’ Rights in California and The Top Mistakes that Husbands and Fathers Should Avoid

    B. Robert Farzad
    21 May 2013 | 7:00 am
    Fathers’ rights in California is an interesting topic because, too often, fathers don’t appreciate that they have the exact same rights as the mother in a divorce or family law case. That leads to either an over aggressiveness or the failure to preserve and protect rights. In this article about fathers’ rights, we are going to discuss the top mistakes that fathers make in divorce cases and how fathers and husbands can avoid making them. If anything we have written applies to you, don’t panic. Mistakes can often be fixed. Our family law attorneys are available to speak with…

  • How Do You Get a Separation? A California Guide and Helpful Tips

    B. Robert Farzad
    19 May 2013 | 12:46 am
    Separation from your spouse can be stressful and that is why the question how do you get a separation is often on the minds of husbands and wives. It’s not just the act of physically separating from a spouse that is difficult but also how to handle custody and visitation, payment of bills, dividing bank accounts and, all the while, managing a potential divorce or separation’s complex emotions. It also marks an important event in the ultimate divorce case because the date of separation in a California divorce holds significance on financial issues. Here is the good news. This article will…

  • Divorce Attorneys Fees and Costs – Your Questions and Our Answers

    B. Robert Farzad
    5 May 2013 | 8:54 pm
    Orange County divorce attorneys typically get these questions from prospective clients: 1. How long does a divorce take? 2. How much does a divorce cost? 3. What results can I expect? In this article, we are going to talk about the second issue – divorce attorneys fees and costs – and the different types of fee options that may be available to you for your divorce case as well as how you can manage those fees and costs. First, let’s discuss the initial consultation. Difference types of divorce consultations Most divorce attorneys offer a free consultation to prospective clients.

  • Orange County Child Custody Investigations and What Every Parent Should Know.

    B. Robert Farzad
    24 Apr 2013 | 10:19 pm
    Orange County Child Custody Investigations – What Every Parent Should Know Parents who find themselves going through an Orange County child custody investigation can undergo a lot of stress and confusion. These investigations often result from one parent’s allegations against the other of child abuse, neglect, substance abuse or similar issues that concern the health, safety or welfare of the children. These investigations often occur when a divorce and child custody battle collide. Orange County child custody lawyers, like those within our family law firm, who are experienced in…

  • Fathers Rights in California and Winning Custody in the Face of False Abuse Allegations

    B. Robert Farzad
    18 Apr 2013 | 8:05 am
    Fathers Rights in California and Dealing with False Child Abuse Allegations Fathers rights in California often involves dads who have been falsely accused of child abuse. When fathers are falsely accused, they are often confused as to what has driven their spouse or, if the parents are not married, the mother of the child to make such false allegations. While there is no perfect answer to this question, any parent (mother or father) who makes false allegations of abuse typically does so because that parent knows that the history of abuse is a serious consideration in any California child…
 
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    Thomas C Rowsey, P.C.

  • Lessons Learned From Reese Witherspoon’s Arrest

    admin
    3 May 2013 | 1:37 pm
    Atlanta disorderly conduct arrest of Reese Witherspoon brings up a very good lesson to be learned.  Many citizens don’t understand the protocol expected by police officials in a traffic stop. The April 19th arrest of Reese Witherspoon in Atlanta for disorderly conduct during a DUI stop brings up a lesson to be learned.  Reports say [...]The post Lessons Learned From Reese Witherspoon’s Arrest appeared first on Thomas C Rowsey, P.C..

  • Latest News On Boating Under the Influence of Alcohol

    admin
    2 May 2013 | 11:10 am
    Georgia’s state legislature had a busy season, passing a large number of bills before the session closed March 28. Among those is the bill SB 136, which lowers the blood alcohol limit for people operating boats in Georgia – a move celebrated by many as a victory for safety, but which DUI attorney Thomas Rowsey [...]The post Latest News On Boating Under the Influence of Alcohol appeared first on Thomas C Rowsey, P.C..

  • Phone Interlock Device Raises Legal Issues

    Tom Rowsey
    2 Apr 2013 | 10:02 am
    TEXTING while driving causes accidents, but a new device from local company Origo intends to fix that – by preventing cars from starting until the driver’s smartphone is safely locked up. Atlanta Personal Injury Attorney Tom Rowsey says the device could help in preventing car accidents caused by distracted driving. The device, known as OrigoSafe, [...]The post Phone Interlock Device Raises Legal Issues appeared first on Thomas C Rowsey, P.C..

  • Dog Bites: Recovering From an Attack with Legal Help

    Tom Rowsey
    19 Mar 2013 | 2:14 pm
    Every year in the United States, 1 million people are attacked by a dog and need to seek medical treatment. Of those 1 million people, 334,000 have to visit the emergency room. Also, a huge percentage of dog attack victims are children, and many of these attacks take place in a home. What should you [...]The post Dog Bites: Recovering From an Attack with Legal Help appeared first on Thomas C Rowsey, P.C..

  • What should a Separation Agreement include?

    Tom Rowsey
    11 Mar 2013 | 9:35 am
    A separation agreement should address: alimony; child custody; child support; visitation; health, medical, and life insurance; division of some of the marital property; division of some of the joint or marital debts and a temporary or permanent restraining order (if necessary).  A separation agreement should also include language that addresses the obligation of each spouse’s [...]The post What should a Separation Agreement include? appeared first on Thomas C Rowsey, P.C..
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    Law Office of Steven L. Fritsch

  • What Happens If the Payor of Child Support Dies Before Child Emancipates?

    Steve Fritsch
    19 May 2013 | 10:50 pm
    When a child support order is made it is anticipated and of course hoped that the payor or obligtor parent will be alive until the child emancipates.  But unfortunate things happen and a parent may die prior to the child emancipating.  If the parent that is paying child support dies the question becomes what happens to the child support order?  A child support order is a court-imposed obligation which is based on the child’s need for support until the child reaches emancipation.  The need of the child nor does the child support obligation automatically terminate by a parent’s…

  • How Do I Prove My Spouse’s Self-Employment Income?

    Steve Fritsch
    5 May 2013 | 8:50 pm
    Proving your spouse’s income is important because it is a key factor in determining child support, spousal support and attorney fees.  If your spouse is a straight W-2 employee, meaning he or she is paid by someone who takes taxes out of their paycheck, it is generally easy.  The more difficult task is proving the income of a spouse that is self-employed.  This is because many self-employed people are loose with their deductions and claim a lot of expenses.  Therefore, the question becomes is how do you ensure that your spouse’s self-employment income is correct?  This…

  • Remaining On Title and Loan Together After Dissolution

    Steve Fritsch
    28 Apr 2013 | 9:51 pm
    In my last post, I discussed the issues relating to the ability of a spouse to remain in the community residence during the divorce proceedings and after the divorce has been finalized.  This article will focus on the various issues that may arise if the spouses do not sell the residence but remain on title and loan after the divorce has been final.  Many times both spouses must remain on title and the loan for the community residence after the divorce is final because the spouse that wants to remain in the house cannot buy out the other spouse immediately and must do so at a later date…

  • Will I Be Able To Stay In Our Home?

    Steve Fritsch
    21 Apr 2013 | 11:41 pm
    One of the big issues in a divorce is the family home and what is going to happen to it and who is going to live in it.  The family home is really a two part issue.  The first part is what is to be done during the divorce proceedings and the second part is  what happens to the home after the divorce? During the Divorce Proceedings A common question is who is going to live in the family home during the divorce proceedings?  Unless there is a court order to the contrary, both parties may continue to reside in the family home after a divorce or legal separation has been filed.  This means…

  • What Happens If A Spouse Is Hiding An Asset?

    Steve Fritsch
    14 Apr 2013 | 12:01 am
    California requires full disclosure in a divorce proceeding.  That means that each spouse must provide the other spouse with information regarding all the assets and debts.  In most cases, the spouses are forthcoming and do not try to hide assets.  Unfortunately, this full disclosure does not always happen and spouses may try to hide assets.  The question then is how does a spouse find the hidden assets? First, it is important if you are contemplating divorce or know that there will be a filing for divorce, to investigate and search for documentation and copy any information about…
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