Family Law

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  • How to Request a Hearing

    Maryland Divorce Legal Crier
    James J. Gross
    7 Oct 2014 | 11:35 am
    If you think it’s easy being a lawyer, listen to this.  We have to be aware of a multitude of laws, cases, rules and regulations.  And they keep changing. If you want a hearing on a motion or response to a motion, Md. Rule 2-311(f) requires  you to request it in the motion or response under the heading “Request for Hearing”.   The court can decide whether or not to hold a hearing, but it cannot dispose of a claim or defense without a hearing if one was requested. However, in 2011, the Rules Committee added another sentence to the rule.  The new sentence says, “The title of the…
  • Don't trip over those loose ends!

    Maryland Family Law
    Heather Sunderman
    16 Oct 2014 | 1:37 pm
    There are many things to consider while going through a divorce and separation. Even once you have a comprehensive agreement, or a final judgment of divorce, there still may be other steps to take. For example, you or your spouse may need to execute a deed for property, transfer car titles and registration and divide financial accounts. One thing that is frequently left until the last minute: QDRO's!  A QDRO is a specialized order of court which directs a retirement plan administrator to transfer a retirement benefit. It is best for this order to be ready for the divorce hearing. If…
  • E-Filing in Maryland Begins Today!

    Maryland Family Law
    Heather Sunderman
    14 Oct 2014 | 10:50 am
    Today marks the first day of e-filing in Maryland, which is now mandatory for Anne Arundel County courts, the Court of Special Appeals and the Court of Appeals. More counties will be added in coming years. Many attorneys are already familiar with the concept of e-filing, as it has been in place in some jurisdictions for a while now. Locally, the Federal court system and the District of Columbia have had mandatory e-filing for attorneys. Most of these e-filing systems, such as the new system in Maryland, exempt self-represented persons from e-filing. For me, the most exciting…
  • Legal Fees

    Maryland Divorce Legal Crier
    James J. Gross
    14 Oct 2014 | 8:01 am
    Divorce lawyer Morris Green answered his phone on the second ring as was his custom. “Morris!,” said the angry voice on the other end, “This is Ivana Copernica.  I’m calling you about your client, Stanton Fields.  Did you know that he has taken $10,000 out of his pension plan?” “Yes, I did know,” Green replied calmly. “He can’t do that.” “Why not?” “Because it’s marital property and my client did not agree,” said Ivana. “I don’t think that your client’s consent is required.  Marital funds are expended by one party or the other in almost every divorce. …
  • False Allegations of Domestic Violence in a Child Custody Case

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

  • 3 Tips for Keeping a Custody Journal

    Jenny Stevens
    20 Oct 2014 | 5:30 am
    If you are currently facing or have already started a child custody case, one of the best tools you can have is a ‘custody journal’. What is a custody journal? It’s a journal you create solely for the purpose of documenting all the aspects of daily life to support your child custody claims in family court. It is important that this journal not be part of any other personal journal, as it is very likely portions of it may become part of the public record depending on the facts in your case. Here are three tips for keeping a custody journal: Journal Every Day It is very important to write…
  • The Impact of Taxes on Retirement Accounts in a Divorce

    Ben Stevens
    17 Oct 2014 | 5:30 am
    We’ve talked before about the impact of taxes on divorce, including about how financial aid and taxes are impacted after a split, as well as how to decide about filing separate or joint tax returns. Beyond these technical issues, taxes can impact divorce in other ways, which can be important when valuing some assets. Why do taxes matter? Taxes can have a significant impact on certain issues like retirement accounts in a divorce. When considering equitable division of the marital assets, it is important to remember the differences in tax treatment for several common types of retirement…
  • October 2014 – Helpful Family Law Insights

    Ben Stevens
    16 Oct 2014 | 3:00 pm
    Our October 2014 newsletter, Helpful Family Law Insights, was published today. Read this edition by clicking the image below. Sign up to receive future editions by clicking here. The post October 2014 – Helpful Family Law Insights appeared first on The Stevens Firm, P.A..
  • 5 Conversation Starters for Noncustodial Parents

    Jenny Stevens
    16 Oct 2014 | 5:30 am
    Parenting is arguably one of the most difficult jobs on the planet, and attempting to face that job alone can seem even more daunting.  Add into the equation a child custody and visitation arrangement, the odds that the prior parent-child relationship will survive fully intact can take a serious nose-dive. When one parent who was typically in the home and interacting with his or her children on a daily basis is suddenly living in another location and maybe only seen in-person for two or three days every couple of weeks, children sometimes lose the ability to freely communicate with the now…
  • What Issues Can Lead to Prenup Problems?

    Ben Stevens
    15 Oct 2014 | 5:30 am
    Billionaire financier Ken Griffin has recently revealed the terms of the prenuptial agreement he signed with his wife back in 2003. The document shows that Ms. Griffin has so far received payments of $37 million in cash as well as half the ownership of the couple’s $11 million condo in Chicago. Despite the lucrative terms of the prenup, Ms. Griffin’s lawyers are now contesting the agreement, claiming that she was forced to sign the papers prior to the marriage and that, as a result, the prenuptial should be deemed invalid. Given the tricky issues that can lead to prenup problems, let’s…
 
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    Family Law Prof Blog

  • Link Between $ Spent on Wedding and Divorce

    Family Law
    20 Oct 2014 | 4:28 am
    From the Independent: A new study in the US has found that the more people spend on their weddings and engagement rings, the more likely they are to divorce. Economic professors at Emory University carried out a study on over...
  • Owning Up

    Family Law
    18 Oct 2014 | 6:33 am
    From the Telegraph: Wives who cheat on their husbands are more likely to own up to infidelity because they are more pragmatic – and less proud – than men, divorce lawyers say. The steady rise in the numbers of women...
  • Lack of Divorce in the Philippines

    Family Law
    17 Oct 2014 | 5:30 am
    From CNN: When Rowena Festin leaves her job as a congressional aide in Quezon City, Metro Manila each day, she returns home to three children and a husband. But her marriage, like many others in the Philippines, exists in name...
  • Single Moms

    Family Law
    16 Oct 2014 | 1:51 am
    From Professors June Carbone and Naomi Cahn, writing for Politico Magazine: Over the course of our years-long research about the work and family lives of women across the country, we have been surprised by a common pattern threading through popular...
  • Grey Divorces

    Family Law
    15 Oct 2014 | 3:27 am
    From Time: For several years now, sociologists have noticed that education is a great protector against divorce. College-educated couples are about half as likely to divorce as high-school-educated couples. In fact, the rate of divorce among the college-educated is lower...
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    Missouri Divorce & Family Law Blog

  • Rule that a 20% change in child support amount grounds to modify does not apply if original amount was agreed deviation from Form 14

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

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

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

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

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

  • How to Decorate for the Holidays

    Lee Rosen
    20 Oct 2014 | 4:30 am
    My involvement is organized religion has been sketchy. I blame my parents. Over the past 53 years, I’ve attended many kinds of services from a broad range of religious traditions. I’ve seen a bit of everything along the way. Some of my exposure was deliberate, and some kind of accidental. I remember going regularly to short weekday Catholic Mass with the mother of a friend because that was the only way to get her to drive us to school. We could’ve walked, but Mass was worth the ride, and we were really lazy. I was a member of a Unitarian Church for a couple of years. The people were…
  • You Lose Something Big When Working Remotely

    Lee Rosen
    16 Oct 2014 | 4:30 am
    We work remotely in our law firm. We only go into an office when necessary. That means we’ve got people working all over the place—including me. Over the past few weeks, I’ve worked from Kiev, Istanbul, and Sofia. It’s stimulating to explore new cities when I head out for lunch or dinner and have free time on the weekends. The idea of working remotely, whether from Kiev or the corner Starbucks, is exciting to many of us. It gets us out of our routine. However, it’s not without its downsides, one of which reared its ugly head this week in Istanbul. One Way Office Space…
  • Your First 100 Clients

    Lee Rosen
    15 Oct 2014 | 4:30 am
    The first 100 clients don’t come easy. In fact, I remember many of those first clients now, nearly 30 years later. Mr. Flowers was my first. I got sworn in on a Friday and started his two-day trial on Monday. We won. Winning was fun. I doubt I’d be practicing family law if it hadn’t been for Mr. Flowers and his custody case. Of course, he has no idea how much he influenced my career. Representing your first clients is hard. Even harder, however, is finding people who will trust a new lawyer. Clients are often sensible. They don’t want a lawyer who doesn’t know what…
  • The Mercenary Associate

    Lee Rosen
    14 Oct 2014 | 4:30 am
    Every compensation system results in unintended consequences. When you base compensation on commission, your people will generally do their best to drive up their personal income. When you provide a salary, you’ll get focus on a different set of activities. Many firms come up with a hybrid system involving commission and salary. The focus of the employees will depend on the specifics of the plan. Whatever system you design will likely generate the expected results. Unfortunately, it’ll also generate some unexpected results as well. What will you get? It’s hard to predict. The only…
  • 10 Thoughts/Mini-Rants on Your Website

    Lee Rosen
    13 Oct 2014 | 4:30 am
    A lawyer showed me her new website. It’s better than most sites out there. I, of course, hate it. That’s how I roll. I think of myself as a much less amusing Lewis Black. I hate everything, and I rarely have a kind word to say. Keep reading. I’ll express my annoyance for your benefit and delight. Dear lawyer who voluntarily subjected herself to my abuse, I visited your website last night. I spent about six minutes checking it out. The fact that you kept my attention for six minutes is an excellent sign. Most visitors leave in seconds (not minutes). While I feel like the site is better…
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    UPDATES IN MICHIGAN FAMILY LAW

  • New Form | Affidavit of Parentage

    Jeanne M. Hannah
    14 Oct 2014 | 5:17 pm
    Parentage may be established at the time of birth or later when the mother and father of the child execute an affidavit of parentage. The form for this was updated in October 2013--more than a year after the enactment of the Revocation of Parentage Act.
  • Domestic Violence Danger | Trolling Lawyers

    Jeanne M. Hannah
    5 Oct 2014 | 6:16 pm
    When lawyers pay to obtain information about recently filed divorce cases and send a letter soliciting contact with the defendant without regard to whether he or she knows about the filing and without regard as to whether a victim of domestic violence is safe, the party filing the divorce may be at risk for domestic violence. Not long ago, a Massachusetts court upheld the conviction of a man who shot his wife 18 times, including 10 shots to the head. One of his claims on appeal? He did it "in the heat of passion," so should not have been convicted of murder.
  • In Re AJR | Michigan Supreme Court Ruling on Step-Parent Adoptions

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

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

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

  • Fourth Published Family Law Opinion from Ky Court of Appeals Today

    Diana L. Skaggs
    17 Oct 2014 | 9:39 am
    Waddle v. Waddle Award of grandparent visitation reversed because court failed to apply the modified best interest standard to consider the objection of mother who is presumed fit. Court must presume a fit parent is making decisions in the best interest of the child. Case was remanded for a new evidentiary hearing at which grandparents must provide clear and convincing evidence that visitation is in the child’s best interest and trial court must use Walker factors and provide written findings of fact.
  • Third Family Law Published Opinion from Ky Court of Appeals Today

    Diana L. Skaggs
    17 Oct 2014 | 8:52 am
    Luu v. Murphy, et al Child custody award to de facto custodians reversed. Substantial evidence of record does not support the conclusion that appellees were child's primary caregivers and primary financial supporters. Trial court appears to have based its ruling on testimony of the appellees that they "believed" they were no longer just babysitting the child but that they were keeping her on a permanent basis. During three of the months appellees had the child it was clear that this was meant to be a temporary babysitting arrangement. Mother's temporary absences from West Virginia did not…
  • Second Family Law Published Opinion from Ky Court of Appeals Today

    Diana L. Skaggs
    17 Oct 2014 | 8:33 am
    Shelton v. Shelton Trial court denied father's motion to reduce child support. Father had burden of proof to show substantial and continuing change of circumstances. Even though at time of agreement youngest child was age two and no income was imputed to mother and at time of hearing child was age four and mother was still not working, trial court was unable to find father's income from self-emloyment due to lack of documentation. The court's conclusion that there was insufficient evidence to find a change in circumstances that would justify modification was affirmed.
  • Published family law opinion from Ky Court of Appeals today - change of primary residence

    Diana L. Skaggs
    17 Oct 2014 | 8:13 am
    A.G. v. T.B. A custody determination is separate from parenting time. A modification of parenting time, even one that changes the child's primary residence, does not alter joint custody. Two affidavits are not required for a motion to change primary residence. Trial court did not abuse its discretion in prohibiting mother from relocating the children and granting father primary residence of the children.
  • Ky Court of Appeals Published Opinion - Denial of Trial Continuance Reversed

    Diana L. Skaggs
    14 Oct 2014 | 1:28 pm
    BOUVETTE V. BOUVETTE The Appellate Court held the Trial Court abused its discretion by denying Appellant’s motion for a continuance of a four hour trial on financial matters. The Court used the Snodgrass factors to determine the denial was an abuse of discretion. The inconvenience a continuance would case the opposing party was minimal, and the inconvenience to the Court was unknown. The delays were not planned or purposeful. Appellant’s first request for a continuance was because she was ill and her attorneys withdrew. Her second request for a continuance was based on severe depression…
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    International Family Law

  • International Prenuptial Agreements: Necessary But Dangerous

    8 Oct 2014 | 1:29 pm
    Lawyers representing international clients who plan to marry and who want the protection of a prenuptial agreement should always consider the international ramifications of any proposed agreement. While conventional domestic prenuptial agreements raise grave malpractice concerns for family lawyers, the concerns become a hazardous minefield when the issues are multi-jurisdictional. In many ways the world is rapidly shrinking and globalizing. “The World is Flat” is not only the catchy title of a bestselling book, but it also highlights the fact that international borders matter far less to…
  • Relocation of Children Under New York Law

    7 Oct 2014 | 2:01 pm
    In what circumstances may a custodial parent relocate to another state (or country) and take the children? What law applies and how will the Court make this decision?  "In reality, cases in which a custodial parent's desire to relocate conflicts with the desire of a noncustodial parent to maximize visitation opportunity are simply too complex to be satisfactorily handled within any mechanical, tiered analysis that prevents or interferes with a simultaneous weighing and comparative analysis of all of the relevant facts and circumstances...We hold that each relocation request must be…
  • Divorce Law in Korea

    6 Oct 2014 | 2:02 pm
    Jeremy D. MorleyGrounds for Divorce in KoreaA divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Code. Both spouses need to agree and appear in court in Korea. Alternatively, the grounds for a judicial divorce in Korea are:            1. An unchaste act (adultery);            2. Malicious desertion;            3. Extreme maltreatment by the other spouse or by…
  • There are Two Ways to Prepare for an International Divorce

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

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

  • BLOOMFIELD GLEN RIDGE WEST ORANGE ESSEX FELLS ESSEX COUNTY NJ MEDIATOR ARBITRATOR ATTORNEY

    Charles Abut
    16 Oct 2014 | 6:42 am
    In an immediate reaction to the recent Ray Rice domestic violence incident, New Jersey legislation has been introduced that would (a) establish a Domestic Violence Court, (b) upgrade domestic violence crimes to include a mandatory 3 years of imprisonment for offenders who injure their victims and (c) require all judges to receive at least 3 hours of domestic violence training.          New Jersey Assembly Bill A3801, October 8, 2014      
  • ALPINE MAYWOOD ENGLEWOOD HARRINGTON PARK BERGEN COUNTY NJ DIVORCE ALIMONY ATTORNEY MEDIATOR ARBITRATOR

    Charles Abut
    3 Oct 2014 | 4:54 am
    Welcome to the Garden State, where “permanent alimony” is dead and replaced with “open durational alimony.”  This is after 3 years of political and legal wrangling that led to statutory amendments to existing New Jersey law.  New changes impact other areas such as alimony after retirement, alimony and cohabitation, alimony and unemployment, alimony modification and more.     New Jersey Assembly Bill A845, October 3, 2014
  • TOTOWA RINGWOOD CLIFTON LITTLE FALLS PASSAIC COUNTY NJ PALIMONY MEDIATOR

    Charles Abut
    2 Oct 2014 | 10:54 am
      The New Jersey Supreme Court has just ruled that verbal support agreements made prior to 2010 may be enforceable, in spite of the recent statute that requires such arrangements to be written. "Nowhere in the text or legislative history...has the Legislature given any signal, express or implied, that it intended the new statute to extinguish previously formed lawful oral palimony agreements."           Maeker v. Ross,        …
  • BAYONNE GUTTENBERG HOBOKEN WEEHAWKEN HUDSON COUNTY NEW JERSEY COLLABORATIVE LAW MEDIATION

    Charles Abut
    2 Oct 2014 | 10:24 am
      New Jersey just adopted the Family Collaborative Law Act. Collaborative law is a form of alternative dispute resolution in which an attorney is retained “for the limited purpose of assisting his client in resolving family disputes in a voluntary, non-adversarial manner, without court intervention.”         September 20, 2014    
  • CEDAR KNOLLS FLORHAM PARK MADISON NEW VERSON MORRIS COUNTY NJ DIVORCE MEDIATION ARBITRATION LAWYER

    Charles Abut
    25 Sep 2014 | 9:39 am
    No prenup, no lawyers, no alimony and no fault : Kris Jenner and Bruce Jenner have ended their marriage. Each walks away with $30 million.        September 17, 2014  
 
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    Family Lore

  • Would you let this man operate on you?

    20 Oct 2014 | 3:21 am
    “No disadvantages” in being a non-lawyer Lord Chancellor, Grayling says - Legal Futures, 15th October 2014
  • An enjoyable week

    17 Oct 2014 | 3:40 am
    I particularly enjoyed writing my posts for Marilyn Stowe’s Family Law & Divorce Blog this week. I hope you enjoy reading them:A worrying trend in children cases - Looking a little more deeply at the latest private law demand figures from Cafcass.A system based on a fallacy - The fallacy that underpins the government's family justice policy.The future of family law - A look at the President's speech at the 2014 Legal Wales Conference, plus a few predictions of my own.When is a judge biased? - A post that tries to answer that question.Have a good weekend.
  • Family Lore Clinic: Can I refuse a clean break agreement?

    15 Oct 2014 | 4:46 am
    A 'clean break' is a final financial/property settlement between husband and wife that brings to an end all on-going financial obligations between them. After a clean break order has been made neither party can make any further financial/property claims against the other.In particular, after a clean break neither party can claim maintenance from the other. Accordingly, a settlement that includes a provision for one party to pay maintenance to the other is not a clean break.An order containing a clean break provision may include other provisions - i.e. the order sets out various other terms of…
  • Pointless

    13 Oct 2014 | 4:16 am
    s11 C&FA (parental involvement) due to come into force on 22/10 according to President's Office - FLBA, 13th October 2014
  • A bit of a Downer*

    10 Oct 2014 | 7:54 am
    Mr Justice MostynA very quick post about Bakir v Downe [2014] EWHC 3318 (Fam), which contains a warning for litigants in person. It concerned a husband, unrepresented by choice, who wrote to Mr Justice Mostyn's clerk on a number of occasions, including seeking an explanation of why an undertaking that he has given was included in an order, despite the fact that he had not signed the general form of undertaking.Mr Justice Mostyn took a dim view of the husband's actions:"The courts are now being visited with an increasing number of informal applications made by litigants in person ... I am…
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    Toronto Family Lawyer Blog

  • Annulment in the Context of the Formal Validity of a Marriage

    Andrew Feldstein
    17 Oct 2014 | 1:02 pm
    Matthews v Mutiso, 2014 ONSC 4010 This case addresses the issue of annulment in the context of the formal validity of a marriage. Background The parties were married in London, Ontario on October 19, 2012 after having met in person for the first time on October 15, 2012. The marriage was witnessed by a couple who were friends of the Applicant. By October 24, 2012, the husband had returned to the United Arab Emirates. The parties visited each other on two other separate occasions, from December 14, 2012 to December 26, 2012, and from March 18, 2013 to March 26, 2013. Thereafter, the parties…
  • What Constitutes a Settlement

    Andrew Feldstein
    10 Oct 2014 | 1:49 pm
    Halpern v Halpern, 2014 ONSC 4246, 243 ACWS (3d) 672 This case addresses the issue of what constitutes a settlement. Background The parties were married in January 1999 and separated in October 2011. There was one child of the marriage, born in December 2001. In May 2014, the parties attended a settlement meeting. The husband claims that, while the wife was out of the room, counsel for the wife presented him with an oral offer to which husband’s counsel sent a letter accepting the oral offer. Thereafter, the husband brought a motion for summary judgment seeking to confirm settlement.
  • Lump Sum Spousal Support

    Andrew Feldstein
    3 Oct 2014 | 11:31 am
    Racco v Racco, 2014 ONCA 330, 373 DLR (4th) 240 This case addresses the issue of lump sum spousal support. Background The parties were married in June 1989 and separated in 2011.  The parties had two children together.  “During the marriage the parties developed a very successful real estate business in the Oakville-Burlington area” (paragraph 3).  The couple marketed themselves as a team, “Team Racco”, and had combined net incomes of $537,211 in 2008, $377,286 in 2009 and $319.696 in 2010 (paragraph 3).  In early 2011, the husband was charged with sexual assault of a female…
  • Vesting Order: Newton v Newton, 2014 ONSC 2757, 240 ACWS (3d) 689

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

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

  • Alimony Reform: Changes to NJ Alimony Law

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

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

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

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

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

  • False Allegations of Domestic Violence in a Child Custody Case

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

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

    6 Oct 2014 | 10:12 pm
    One of the interesting aspects of divorce litigation is the requirement that parents mediate their child custody issues, with the judge assigning a mediator in the initial weeks of the case should the parents not have an agreement as to legal custody (joint vs sole) and parenting time. In some cases mediation is beneficial. I am a trained mediator, but I can also say that mediation is not a panacea, it is not always a process that results in resolution. Many times, mediation fails. So, when the parents are bitterly oppositional, or when the issues are just not amenable to mediation, what…
  • Kane County Divorce: BPD Help

    5 Oct 2014 | 10:47 pm
    I found this post today on a BPD support blog, and it mentions Bill Eddy's landmark book on Divorce and BPD/NPD, Splitting. The gentleman writing in to the blog is experiencing the surreal and chaotic behaviors of a spouse conducting a distortion campaign against him. His questions may have some resonance with some of you. _____________________ " I bought William Eddy's book on divorces and have read most of it. I also talked with Michael Roe (who wrote the foreword to the book), but he doesn't practice in San Diego, -- he's in Illinois, but was very helpful to me in at least getting me to…
  • Illinois Divorce Law Blog Once Again Top Divorce Blog

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

  • Don't trip over those loose ends!

    Heather Sunderman
    16 Oct 2014 | 1:37 pm
    There are many things to consider while going through a divorce and separation. Even once you have a comprehensive agreement, or a final judgment of divorce, there still may be other steps to take. For example, you or your spouse may need to execute a deed for property, transfer car titles and registration and divide financial accounts. One thing that is frequently left until the last minute: QDRO's!  A QDRO is a specialized order of court which directs a retirement plan administrator to transfer a retirement benefit. It is best for this order to be ready for the divorce hearing. If…
  • E-Filing in Maryland Begins Today!

    Heather Sunderman
    14 Oct 2014 | 10:50 am
    Today marks the first day of e-filing in Maryland, which is now mandatory for Anne Arundel County courts, the Court of Special Appeals and the Court of Appeals. More counties will be added in coming years. Many attorneys are already familiar with the concept of e-filing, as it has been in place in some jurisdictions for a while now. Locally, the Federal court system and the District of Columbia have had mandatory e-filing for attorneys. Most of these e-filing systems, such as the new system in Maryland, exempt self-represented persons from e-filing. For me, the most exciting…
  • Change in domestic violence standards

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

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

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

  • Courthouse Divorce File: What's Private?

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

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

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

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

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

  • Video: Cordell & Cordell News - October 17, 2014

    17 Oct 2014 | 7:27 am
    DadsDivorce and MensDivorce as well as their sponsor, Cordell & Cordell, present a news video for the week of October 17, 2014. This week, Cordell & Cordell announced five attorneys who were named as 2014 Rising Stars by Super Lawyers. Only 2.5 percent of attorneys for each state are selected for this award. DadsDivorce answered an Ask a Lawyer question over whether courts can enforce additional expenses that are required on top of child support. MensDivorce published a new article on methods to enforce visitation when you are denied court-ordered parenting time,…
  • 5 Tips For Dating For Divorced Men

    15 Oct 2014 | 5:00 pm
    By Allison Pescosolido, M.A. Founder, Divorce Detox® Dating often feels like a great and insurmountable weight, especially when you were married for most of your adult life. Time and again, men make the mistake of setting lofty goals for a first date: Could this be the one? Will she be the mother of my children? When the goal of every date you go on is to find a long-term relationship, you are setting yourself up for failure. Divorce is hard enough. Instead, set yourself up for dating success from the get go. Be realistic, finding the woman of your dreams is a process. Dating is just the…
  • Will Courts Enforce Expenses Other Than Child Support Payments?

    13 Oct 2014 | 5:00 pm
    Question: I am paying child support regularly. I am also responsible for 33 percent of child care and medical expenses in addition to the regular support. However, I am unable to cover this financially and have not been paying the extra expenses. My ex just filed a modification for full legal custody. As I understand it, these extra expenses are not enforced by the court. Can she keep a tab and come after me for full custody at this point in time for the expenses? Is there a way I can reduce the amount of the extra expenses or control what is being spent on her end?
  • Daughter's Mother Fled the State: How Do I Serve Her or Even Find Her?

    11 Oct 2014 | 5:00 pm
    Question: I reported domestic violence against my daughter’s mother recently and filed for child custody.  Now, she has fled the state and is living in another state. How do I get her served or even find her?  
  • Video: Cordell & Cordell News - October 10, 2014

    10 Oct 2014 | 7:07 am
    DadsDivorce and MensDivorce as well as their sponsor, Cordell & Cordell, present a news video for the week of October 10, 2014. This week, Cordell & Cordell would like to remind Florida viewers of the free Men's Divorce School seminar in Fort Lauderdale next Thursday. Register online to reserve your spot for a crash course in child support, custody, alimony and more. DadsDivorce answered a readers question about whether they are required to pay for extra-curricular activities on top of their child support. MensDivorce published a new article on martial waste…
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    Alabama Divorce & Family Law Attorney Blog

  • McAdam v. McAdam: On Divorce Settlement Agreements and Contempt of Court

    Steven Eversole
    18 Oct 2014 | 8:36 am
    Sometimes a divorce settlement can be reached in an amicable manner in which parties agree to all terms and can go on with the rest of their lives without years of litigation.  Unfortunately, that is often not the case.  McAdam v. McAdam, an appeal heard in the Supreme Court of the State of Wyoming, was one of those cases. In McAdam, Husband and Wife were granted a divorce under what is known as a stipulated decree.  The decree was granted by the trial court in May of 2011.  In that stipulated decree, both Husband and Wife agreed to list the martial home for sale with a professional real…
  • Explaining Divorce to Your Children

    Steven Eversole
    16 Oct 2014 | 7:58 am
    The decision to divorce usually arrives after months, years, even decades of complications and distance growing between married couples. While you and your spouse may have a clear understanding of why you have made the decision to divorce, the answers may not be so clear to your children. How much do you need to tell your children about the divorce? What reasons should or shouldn’t you provide when telling your children about the split? Though every situation is unique, it is important to consider the possible repercussions of revealing some or all of the reasons for divorce. While you may…
  • Online Co-Parenting Course Can Help Ease Transition

    Steven Eversole
    12 Oct 2014 | 7:54 am
    Parents who decide to separate or divorce know the difficulties of adjusting to co-parenting schedules. Deciding who takes the kids when, who stays in the family home, and how to best accommodate school and work schedules can be a hassle. All of these practicalities bound up in the emotional turmoil of a divorce can be complicated. Many U.S. states, including Alabama, are requiring couples with children to take a co-parenting course before they can formalize a divorce. According to a Reuters report on user reviews, the most widely used online program can be helpful. According to researchers,…
  • October is Domestic Violence Awareness Month

    Steven Eversole
    7 Oct 2014 | 7:54 am
    Raising awareness of domestic violence is important to protect the rights of victims and prevent future abuse. Alabama’s “First Lady” Diane Bentley hosted a candlelight vigil the first week of October to kick off Domestic Violence Awareness Month. The First Lady was supported by dozens of advocates who also held candles in front of the State Capital to recognize victims of domestic violence. Domestic violence and divorce often go hand in hand. Making the decision to divorce can spark more severe instances of domestic violence and domestic violence can also lead to divorce. Individuals…
  • Billionaire’s Wife Seeks to Void Prenuptial Agreement

    Steven Eversole
    3 Oct 2014 | 7:50 am
    For celebrities, athletes, and upper echelon earners, prenuptial agreements are not just a suggestion—but a necessity. Despite the popularity of prenuptial agreements among high-asset couples, enforcement is not always a sure thing. According to a recent CNBC report the wife of a hedge fund billionaire is seeking to void a prenuptial agreement. The couple had been married for 11 years before he surprised his wife by filing divorce papers. Now the wife has responded to her husband’s move for divorce by filing a petition with a formal request for sole custody of children, removal of the…
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    Domestic Diversions

  • The true cost of Facebook: your marriage?

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

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

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

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

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

  • The Law Against Discrimination prohibits discriminatory employment practices

    PaulKostro
    10 Oct 2014 | 5:41 am
    Law Lessons from Sequeira v.Prudential Equity Group LLC, App. Div., No. A-0734-10T3, October 9, 2014: The Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to-49, prohibits discriminatory employment practices. Viscik v. Fowler Equip. Co., Inc., 173 N.J. 1, 13 (2002). To prove employment discrimination under the LAD, New Jersey courts have adopted the burden-shifting analysis established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S. Ct. 1817, 1824, 36 L. Ed. 2d 668, 677 (1973); Viscik, supra, 173 N.J. at 13-14. Under that analysis, the plaintiff must first present sufficient…
  • Joint legal custody is more than simply an honorary title bestowed upon a parent

    PaulKostro
    10 Oct 2014 | 5:33 am
    Law Lessons from Madison v. Davis, __ N.J. Super. __ (Chcy. Div. 2014), Ocean Cy. (Jones, J.S.C.), Decided June 18, 2014, FM-15-1152-13-N, OCTOBER 9, 2014: Joint legal custody is more than simply an honorary title bestowed upon a parent. Rather, a joint legal custodian has an ongoing responsibility to act in a child’s best interest, which includes reasonable communication and cooperation with the other joint legal custodian in a positive and constructive fashion. Hence, if two joint legal custodians have ongoing difficulties in meeting this very basic component of their roles, then the…
  • The Law Against Discrimination bans reprisals against any person because that person has opposed any practices or acts forbidden under this act or because that person has filed a complaint to enforce any right granted or protected by this act

    PaulKostro
    10 Oct 2014 | 5:14 am
    Law Lessons from Sequeira v.Prudential Equity Group LLC, App. Div., No. A-0734-10T3, October 9, 2014: The Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to-49, bans “reprisals against any person because that person has opposed any practices or acts forbidden under this act or because that person has filed a complaint” to enforce “any right granted or protected by this act.” N.J.S.A. 10:5-12(d). To claim retaliation in violation of the LAD, employees must show that “(1) they engaged in a protected activity known by the employer; (2) thereafter their employer…
  • A child’s attendance at pre-school

    PaulKostro
    10 Oct 2014 | 3:50 am
    Law Lessons from Madison v. Davis, __ N.J. Super. __ (Chcy. Div. 2014), Ocean Cy. (Jones, J.S.C.), Decided June 18, 2014, FM-15-1152-13-N, OCTOBER 9, 2014: Beck v. Beck, 86 N.J. 480, 485 (1981), supports the concept of parents sharing joint legal custody under N.J.S.A. 9:2-4 and having “equal rights and equal responsibilities regarding the care, nurture, education and welfare of their children.” On the other hand, Pascale v. Pascale, 140 N.J. 583, 599-600 (1995), notes that the primary residential custodian is generally in charge of many aspects of a child’s life, including…
  • To establish that relocation is not in the children’s best interest, more than mere separation or change in parenting time must be shown

    PaulKostro
    9 Oct 2014 | 4:48 am
    Law Lessons from Valedofsky v. Valedofsky, App. Div., No. A-5410-12T4, October 8, 2014: An application for relocation requires consideration of several principles. Relocation by the custodial parent was once looked upon with disfavor by our courts, but is no longer. As the Supreme Court recently observed: Over time, there has been a shift in relocation law across the country. That shift has resulted from several factors: the mobility of the population, advances in technology, the notion that what is good for the custodial parent is good for the children of the divorce, and a renewed…
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    Pennsylvania Family Law

  • PA CHILD ABDUCTED BY FATHER IN SEATTLE – OCEAN CROSSING FEARED

    Aaron Weems
    9 Oct 2014 | 6:55 am
    Missing: Billy Hanson (Age 9) About a month and a half ago I wrote about parental kidnappings and Pennsylvania’s statute designed to prevent such situations.  Based on numerous reports going back to mid-September, it unfortunately appears that such a situation is occurring right now out of Seattle, Washington. Around September 12th, Seattle area newspaper blogs and other forums began reporting about a situation involving a nine year old boy and his biological father. Billy Hanson had been visiting his father, Jeffrey Hanson, in the Seattle area during August and was scheduled to return to…
  • HAGUE CONVENTION ON SUPPORT ORDERS MOVES CLOSER TO RATIFICATION

    Aaron Weems
    2 Oct 2014 | 5:57 am
    Seven years after becoming a signatory state to the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance, Congress passed and the President signed into law implementing legislation which will gives the treaty the procedural rules to operate. The purpose of the treaty is to provide a relatively uniform and consistent process among the signatory states for enforcement of foreign support orders. The U.S. still has yet to ratify the treaty, though Secretary of State John Kerry points out in the linked press release that the Senate has already given its…
  • DAD’S SELF-IMPOSED CUSTODY “TAX” IS ENFORCEABLE

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

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

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

  • "Conscious Coupling" What Is Marriage Supposed To Do? Does It Still Do It?

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

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

    25 Aug 2014 | 3:17 pm
        Kathleen Aubain is in the Oneida County Jail in New York for violating a court order.  Aubain has a two and a half year old daughter, Isabellah Rose Campos with Eric Campos.  All three were living in Arizona.  Campos has custody of Isabellah. Aubain’s mother says the only reason Campos has custody is because Aubain didn’t bring Isabellah back to him at the end of her custodial time.    
  • Child Custody And Religion (Again): What Should Happen When One Parent Converts?

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

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

  • Tracing Method of Dividing Defined Contribution Retirement Assets

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

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

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

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

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

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

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

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

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

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

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

  • Same-Sex Marriage Case Declined By U.S. Supreme Court

    Robert L. Mues
    18 Oct 2014 | 12:03 am
    The U.S. Supreme Court’s Refusal to Rule on Same-Sex Marriage Cases has Broad Implications The United States Supreme Court recently declined to take up an issue regarding same-sex marriage.  By declining to take these cases, the court has allowed men and women to have entered into same-sex marriages in eleven states that previously didn’t allow same-sex marriages. By refusing to take up the appeals of these cases, they have in essence upheld the rulings that all allowed same-sex marriage.  Those new eleven states that are now required to recognize and issue same sex marriage…
  • Foster Home Placement For Children: The Psycho-Legal Considerations

    Guest Contributor, Daniel Pollack
    11 Oct 2014 | 12:20 am
    Foster Care Placement For A Child – What Effect Will Other Children In A Foster Home Have? A healthy 3-year-old is placed in a foster home. A month later, a 16-year-old with a history of borderline personality disorder is placed in the same home. Without permission, the 16-year-old decides to give the 3-year-old a bath. Tragically, the 3-year-old drowns. Whatever the exact circumstances, and the foster parents’ behavior and liability aside, was it negligent of the agency initially to place the teenager in the same home as the young child? When a child is placed in a foster home,…
  • Bitcoins and Hiding Assets in a Divorce Action

    Robert L. Mues
    3 Oct 2014 | 10:31 pm
    Protect Your Assets – Talk To A Divorce Attorney To Avoid Being Ripped Off By Bitcoins Concealment Bitcoins are defined as a crypto-currency and are the first of their kind.  Crypto-currency is just a fancy term for “encryption” meaning only authorized parties can read it. This essentially allows individuals to store bitcoins without any link to themselves, drastically differing from bank accounts or stocks. Bitcoins, unlike traditional currencies like the US Dollar, aren’t backed by governments and aren’t influenced by monetary policy. This makes bitcoin more like gold…
  • Divorce During Pendency: Living Separately or Living Together?

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

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

  • NEW JERSEY FAMILY LAW PODCAST SERIES – CHILD SUPPORT AND EMANCIPATION

    Robert A. Epstein
    15 Oct 2014 | 11:24 am
    In the return of our New Jersey Family Law Podcast Series, we are proud to present our fifth installment discussing child support and emancipation.  This has been a hot topic in recent months, especially following the Rachel Canning lawsuit from earlier this year.  Enjoy! Listen to the Podcast and download the transcript here. ___________________________________________________________________________________________ Robert A. Epstein is a partner and Eliana T. Baer is an associate in Fox Rothschild LLP’s Family Law Practice Group. Robert practices in the firm’s Roseland, New…
  • Pre-School: Is it School, or is it Day Care? And which parent gets to decide?

    Jennifer Weisberg Millner
    10 Oct 2014 | 6:49 am
    In the days of my childhood, formal education began in Kindergarten when, finally, I got to ride the bus with the big kids.  Not so much any more.  The vast majority of children now go to some type of pre-Kindergarten program during which they have the opportunity to learn the basics of the alphabet, numbers and the like. Given the fact that many intact families have two working parents, and that in most single parent households, the parent works outside the home, work related child care and pre-school often simultaneous.  So then, in the case of two parents who are apart, who gets to…
  • NEW JERSEY ALIMONY REFORM IS HERE – WHAT DOES IT ALL MEAN?

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

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

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

  • Considerations When Passing Down Real Estate in Minnesota

    JRLK
    20 Oct 2014 | 8:00 am
    Do you have a cherished cabin, vacation home, or other property which you wish to pass down to your loved ones someday? Surprisingly to many people, leaving a home to family members can create a number of unexpected consequences for those who don’t fully weigh their options and plan far enough ahead. The vacation home may be very valuable, in terms of money, tradition, or both. Of course, where its value lies may be different for each heir. Let’s say that a couple in Monticello wants to leave their beloved cabin to their children. They see this as an act of love, providing future…
  • Family Court: What to Expect

    JRLK
    6 Oct 2014 | 8:00 am
    Going to court can be a stressful experience for anyone, but it can be especially trying for people dealing with the emotionally charged issues of divorce and child custody. It may help reduce the stress if you’re aware of what you can expect from the different types of events held in the courtroom. In many counties, several different cases will be scheduled for the same time. The short and easy hearings will probably be heard first. During this time, you and your attorney may make a final effort to work through any disagreements with the other side. Keep in mind that the judge is not…
  • Preparing Your Business For The Unexpected In Minnesota

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

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

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

  • An Employer's Responsibility when Domestic Violence Invades the Workplace

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

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

    Amanda James
    4 Aug 2014 | 3:03 pm
    The 2014 session of the Iowa General Assembly brought a few changes to the public utilities law practice in Iowa. Lawmakers focused their utility related discourse on tax credits for renewable energy, renewable fuels and solar energy, purview of the Iowa Utilities Board, water service requirements, delinquent customer accounts, and notice requirements for underground facilities. Below is a summary of notable utility related bills passed by the Legislature and signed into law by Governor Terry Branstad. WIND ENERGY/ COGENERATION TAX CREDIT: The production tax credit for wind energy and other…
  • Finding Fault On-line in a No-Fault State

    Samantha Gronewald
    4 Aug 2014 | 1:04 pm
    Iowa is a "no fault" state.  Generally, this means that the conduct of either party leading up to the divorce cannot be used as a factor in awarding a property settlement or alimony.  The conduct of a party is; however, still relevant when it comes to issues such as child custody and visitation.  With social networking on the rise, your on-line conduct is something that will likely be closely scrutinized by your soon-to-be ex-spouse.  According to factslides.com, a third of all U.S. divorce filings in 2011…
  • U.S. Supreme Court to Decide Pregnancy Discrimination Case

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

  • Divorce – Child Support In Colorado

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

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

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

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

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

  • I need a non-mol

    Lucy Reed
    14 Oct 2014 | 2:12 pm
    Enough! I need protection….from lips and zips and drip drip drips… I have recently exchanged a dozen emails (in each direction) with a litigant in person about the drafting of an order that was agreed in court. It does not matter, I have concluded, how much you explain that you are just being asked to convert the judge’s oral answer to writing – a litigant in person is still likely to raise new points or dispute things that were uncontentious in court in response to a draft order. Fortunately this LiP was very polite in his many emails. But still, I have spent longer…
  • Presumption displaced

    Lucy Reed
    10 Oct 2014 | 11:06 am
    [PRESIDENTIAL NEWSFLASH 13 OCTOBER 2014 : "Section 11 of the Children and Families Act 2014 (which inserts new sections 1(2A), 1(2B), 1(6) and 1(7) in the Children Act 1989) will come into force on 22 October 2014 - Wednesday next week. Section 11 will NOT apply in respect of proceedings commenced but not disposed of prior to 22 October 2014." ENDS]   If the presumption of parental involvement (A.K.A. s11 Children & Families Act 2014) is really going to be brought into force “in the autumn” as has been suggested – why is it that there is no mention of it in the…
  • Transparency for six year olds

    Lucy Reed
    5 Oct 2014 | 12:30 pm
    Mummy’s Office (not very tidy is it?) My eldest has suddenly reached the age where he is trying to read my work emails. I’ve so far not had to hide my screen or papers from the kids on account of them being cute but illiterate, and in reality he’s miles from reading or understanding anything of substance – but this weekend I thought it was time to have a chat about why mummy’s work things are private. And as is so often the case with serious chats with the kids – the conversation came back to poop. He knows I work with families. He knows I try and help…
  • I’m #Humblebragging and Proud!

    Lucy Reed
    2 Oct 2014 | 3:22 pm
    Yeah alright. Legalcheek got me. I kind of wondered as I post if he’d be that predictable…Of course he would! You know, in that moment before I hit post when it crossed my mind that perhaps I should hashtag it #humblebrag because in the world of social media you aren’t actually allowed to comment on any compliment without it being either a) a #humblebrag or b) cocky. Its lose lose really. But I didn’t do that because that would be too many layers of post-modern-self-referential-irony and the space time continuum might have collapsed in on itself. The thing is that as…
  • Who to follow : The Precedent or the President?

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

  • Legal Fees

    James J. Gross
    14 Oct 2014 | 8:01 am
    Divorce lawyer Morris Green answered his phone on the second ring as was his custom. “Morris!,” said the angry voice on the other end, “This is Ivana Copernica.  I’m calling you about your client, Stanton Fields.  Did you know that he has taken $10,000 out of his pension plan?” “Yes, I did know,” Green replied calmly. “He can’t do that.” “Why not?” “Because it’s marital property and my client did not agree,” said Ivana. “I don’t think that your client’s consent is required.  Marital funds are expended by one party or the other in almost every divorce. …
  • Divorces and Wedding Expenses

    James J. Gross
    9 Oct 2014 | 12:40 pm
    A study out of Emory University by Andrew M. Francis and Hugo M. Mialon takes a look at wedding expenses and divorces and finds some interesting relationships. You are more likely to get a divorce if you spent between $2,000 and $4,000 on a wedding ring than those who spent more than $4,000 or less than $2,000. People who spent $20,000 or more on the wedding were more likely to get a divorce than those who spent less than $10,000.
  • How to Request a Hearing

    James J. Gross
    7 Oct 2014 | 11:35 am
    If you think it’s easy being a lawyer, listen to this.  We have to be aware of a multitude of laws, cases, rules and regulations.  And they keep changing. If you want a hearing on a motion or response to a motion, Md. Rule 2-311(f) requires  you to request it in the motion or response under the heading “Request for Hearing”.   The court can decide whether or not to hold a hearing, but it cannot dispose of a claim or defense without a hearing if one was requested. However, in 2011, the Rules Committee added another sentence to the rule.  The new sentence says, “The title of the…
  • County Songs We Wish We’d Written

    James J. Gross
    3 Oct 2014 | 5:00 am
    “Neon Light” by Blake Shelton Ever since you left me I’ve been ridin’ ’round, cranking up a little country gold heartbreak Cried and dried these tears I don’t know how much more missin’ you I can take I prayed, prayed, prayed For a sign, sign, sign Now there it is in the window It’s about time, damn time There’s a neon light at the end of the tunnel It ain’t all that bright, but even though it’s subtle It’s got me feeling alright, gonna make it a double There’s a neon light at the end of the tunnel, tunnel, tunnel I take a shot of I…
  • Persephone

    James J. Gross
    2 Oct 2014 | 7:41 am
    Lawyers are usually pretty good story tellers.  My mother gave me a big book about myths to read when I was growing up and I’ve given a big book of myths to my kids.  There are a lot of good stories in mythology. Last night, I was watching Shark Tank, one of my favorite tv shows.  Kevin O’Leary used a story about the mythical goddess, Persephone, to make a point. She was the daughter of Zeus and Demeter, the harvest goddess.  She was garthering flowers when she was abducted by Pluto and taken to Hades.  Persephone became queen of  the underworld and the goddess who brings us Spring…
 
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    Fathers' Rights Not Just Every Other Weekend

  • “Deadbeat” TV Show

    James J. Gross
    17 Oct 2014 | 11:12 am
    “Deadbeat” is a new reality tv show filmed in Jefferson County District Court in Louisville, Kentucky.  It will feature child support hearings with parents who are more than $1,000 behind in child support. The show’s producer says he is performing a public service by exposing a problem and ultimately helping the children recover unpaid child support. Opponents of the show say that nothing good can come from it and worry that the show may cause the judges to hand down harsher penalties to show off for the cameras.
  • Child Support Collection Scam

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

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

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

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

  • Video: Cordell & Cordell News - October 17, 2014

    17 Oct 2014 | 6:27 am
    DadsDivorce and MensDivorce as well as their sponsor, Cordell & Cordell, present a news video for the week of October 17, 2014.This week, Cordell & Cordell announced five attorneys who were named as 2014 Rising Stars by Super Lawyers. Only 2.5 percent of attorneys for each state are selected for this award.DadsDivorce answered an Ask a Lawyer question over whether courts can enforce additional expenses that are required on top of child support.Read More...
  • 5 Tips For Dating For Divorced Men

    15 Oct 2014 | 4:00 pm
    By Allison Pescosolido, M.A.Founder, Divorce Detox®Dating often feels like a great and insurmountable weight, especially when you were married for most of your adult life.Time and again, men make the mistake of setting lofty goals for a first date: Could this be the one? Will she be the mother of my children?When the goal of eveRead More...
  • Will Courts Enforce Expenses Other Than Child Support Payments?

    13 Oct 2014 | 4:00 pm
    Question:I am paying child support regularly. I am also responsible for 33 percent of child care and medical expenses in addition to the regular support. However, I am unable to cover this financially and have not been paying the extra expenses.My exRead More...
  • Daughter's Mother Fled the State: How Do I Serve Her or Even Find Her?

    11 Oct 2014 | 4:00 pm
    Question:I reported domestic violence against my daughter’s mother recently and filed for child custody. Now, she has fled the state and is living in another state. How do I get her served or even find her? Read More...
  • Video: Cordell & Cordell News - October 10, 2014

    10 Oct 2014 | 6:07 am
    DadsDivorce and MensDivorce as well as their sponsor, Cordell & Cordell, present a news video for the week of October 10, 2014.This week, Cordell & Cordell would like to remind Florida viewers of the free Men's Divorce School seminar in Fort Lauderdale next Thursday. Register online to reserve your spot for a crash course in child support, custody, alimony and more.DadsDivorce answered a readers question about whether they are required to pay for exRead More...
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    Marilyn Stowe Blog

  • Malaysian millionaire’s divorce can be heard in England

    Stowe Family Law Web Team
    20 Oct 2014 | 9:08 am
    The divorce of Malaysian millionaire businessman Dr Khoo Kay Peng can be heard in England, a High Court judge has ruled. Pauline Chai, Dr Peng’s wife and a former Miss Malaysia, filed for divorce from the boss of fashion and design retailer Laura Ashley last year. They have been married since 1970 and have five children together. Dr Peng had unsuccessfully applied to have the divorce proceedings heard in Malaysia, but the federal court in the Malaysian capital of Kuala Lumpur rejected his bid. Chai, who lives on the family’s £30 million estate in Hertfordshire, sought to have the case…
  • Paternity testing in India tested in divorce case

    Stowe Family Law Web Team
    20 Oct 2014 | 9:05 am
    In a change from the recognised Indian legal convention that prioritised a child’s legitimacy in a marriage, over a divorce being sought on the ground of infidelity by a partner, its Supreme Court has ruled that a DNA test can be ordered by courts as a “legitimate and scientifically perfect” tool to establish adultery in divorce cases. It is not just Indian fathers who are keen to challenge the paternity of their children. In February John Bolch wrote about a survey which reported that as many as one in every ten fathers in Britain have suspicions about the paternity of their children.
  • Avoid apps that could make your divorce worries worse

    Marilyn Stowe
    20 Oct 2014 | 9:00 am
    I was fascinated to read in the Times at the weekend how many new apps are on the market to those worried about divorce with the potential to hide the user’s infidelity. Names like Spy Phone, Vaulty Stocks or BlackBook app provide a rather racy indication to their purpose for anyone wishing to snoop on their partner unawares, or conduct behaviour behind their back that might otherwise strain their relationship. According to the Times one of the apps, Call and Text Eraser (CATE), is even marketed with the strapline: ‘Save your marriage — everyone deserves privacy’. It apparently…
  • A couple of bad ideas, by John Bolch

    John Bolch
    20 Oct 2014 | 7:58 am
    In the last week I have come across a couple of bad ideas for the reform of family law. One of the ideas has already passed into law, or at least is about to, and the other is no more than a proposal – a state in which, I would suggest, it should remain. The first idea is the presumption of parental involvement. Included as section 11 of the Children and Families Act 2014, to be inserted in section 1 of the Children Act, the presumption has belatedly been brought into force, somewhat as an afterthought to the rest of the 2014 Act. The presumption says that in proceedings relating to a child…
  • Mayor of Rome defies Italy’s gay marriage ban

    Stowe Family Law Web Team
    20 Oct 2014 | 4:47 am
    The Mayor of Rome has registered 16 gay marriages despite it being banned in Italy. The marriages all took place outside of the country. The couples married in countries including Spain, Portugal and the United States. Mayor Ignazio Marino took this step despite a directive from the Italian Interior Minister to local prefects which demanded that all registrations of foreign gay marriages be voided. In Italy, a prefect is a representative of the central government who oversees local authorities to ensure they comply with national law. Rome’s prefect promised to void the registrations of the…
 
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    Michael C. Craven | Divorce Lawyers Chicago

  • Spousal Education Gaps and Divorce

    Michael C Craven
    9 Oct 2014 | 9:32 am
    Education and Divorce Recently, a report was published in the August issue of the American Sociological Review about an extensive study regarding divorce trends among spouses with differing levels of education. The report prompted me to think back upon the evolution of my cases during my years as a Chicago divorce lawyer. The study, which used data of marriages formed in the nation from 1950-2004, found that marriages where the wife has more education than her husband are no longer more prone to divorce than couples with equal education levels or where the husband has more education. Why is…
  • The Baby Boomer Divorce Trend

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

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

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

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

  • 3 Things that Mediation is NOT

    15 Oct 2014 | 6:20 am
    Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds ranging from private family matters to the very public NFL lockout.  But there is still a significant amount of confusion about what is mediation and what can a mediator do for you.  Some of the most common misconceptions follow:1. Mediation is NOT Arbitration!Many people assume that the purpose of a mediation is to have a trained third party help them make decisions by choosing a solution when they can't agree, and this misconception has been popularized by shows like…
  • Collaborative Law is Growing!

    9 Oct 2014 | 12:36 pm
    If you follow our posts at all you're probably aware that attorney Justin Kelsey is a Collaboratively trained Divorce attorney and Mediator.  But did you also know that three other attorneys at Kelsey & Trask, P.C. are Collaboratively trained as well?Full time Associate, Valerie Kua, and of counsel Jonathan Eaton have both taken the Collaborative Training and regularly use those skills in their family law practice to settle both Collaborative and cooperative cases (if you don't know the difference click here).  In addition, of counsel to Kelsey & Trask, P.C., Beth…
  • Divorce Support Groups in Massachusetts

    8 Oct 2014 | 9:04 pm
    Going through a divorce is the second most stressful life event next to the passing of a loved one. When a loved one dies, we have numerous traditions and rituals that ensure that we have support to help us grieve.  In contrast, divorce is too often experienced alone.  While we encourage our divorce clients to seek support of friends, family and therapists, that doesn't work for everyone.  Sometimes friends and family don't understand, and therapy isn't the answer for everyone.When some options don't work, that doesn't necessarily mean that you have to go through your divorce…
  • Why Aren't You Getting Collaborative Cases?

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

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

  • ANOTHER WRONGFUL CONVICTION: IVAN HENRY “INNOCENCE ON TRIAL” by JOAN MCEWEN

    Georgialee Lang
    5 Oct 2014 | 4:24 pm
    I admit it…I’m a crime junkie. I’ve read every true crime book written by Ann Rule and Jack Olsen. I’m also a big fan of America’s Most Wanted, and I frequently peruse the FBI Most Wanted List. Don’t hate me when I tell you that I follow the executions in the States, even though I’m against capital punishment. Having established my credentials to review Vancouver lawyer Joan McEwen’s new book “Innocence on Trial: The Framing of Ivan Henry” Heritage House Publishing 2014, I should also add that I’m a criminology graduate and have been married to a police officer for…
  • Airhead Reality Star Chastised by Divorce Court Judge

    Georgialee Lang
    3 Oct 2014 | 10:56 am
    Nothing irks me more than women who have no  obvious intelligence or talent,  other than to parade around in their underwear on the set of a reality TV show. Case in point? Bethany Frankel. She started her television career as one of two finalists on Martha Stewart’s short-lived TV show “The Apprentice”, a spin-off from Donald Trump’s hit show. She then appeared on the Real Housewives of New York City, a reality TV franchise I have never watched, with the exception of the Real Housewives of Vancouver with its irrepressible star, Jody Claman. To her credit,…
  • Ever Hear of “Divorce Trolling”? Me Neither.

    Georgialee Lang
    2 Oct 2014 | 4:33 pm
    Apparently “divorce trolling” has gotten so bad in the State of Michigan that a new law has been proposed to outlaw the practice, a bill sponsored by Michigan Republican Senator Rick Jones. You ask “what is divorce trolling?” Good question. According to Senator Jones: “When a woman is a victim of domestic violence and decides to file for divorce from her abusive husband, she should not have to worry about a trolling attorney tipping off her husband before she has time to protect herself and the children by taking actions like moving into a shelter house or…
  • Guest Post: Spousal Support: Heads She Wins, Tails He Loses

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

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

  • Lying on Income and Expense Declaration Forms – Why is it Done and How do You Prove it?

    Robert Farzad
    10 Oct 2014 | 9:15 pm
    An income and expense declaration is a mandatory and often used form in California divorce or paternity cases. But how do spouses or parents lie on the form, hide information and what can be done about it? Lying on income and expense declaration forms in a divorce, child support or spousal support case is one of the dumbest things a spouse or parent can do. Those who do it and do so willfully seem to believe that they will get away with it. This assumption generally comes from one or some of the following: The other spouse or parent won’t have time or money to dig into the truth, The…
  • Family Code 218 Overrules Marriage of Boblitt Decision and Allows Post Judgment Discovery

    Robert Farzad
    30 Aug 2014 | 9:21 am
    Family Code 218 will become law on January 1, 2015 and will overrule the Boblitt decision. But did the California legislature overcomplicate this law? Family Code 218 is not law yet. It will become law on January 1, 2015. What is it? Simply put, Family Code 218 is intended to overrule a decision called Marriage of Boblitt, which was decided in February of 2014 by the California Court of Appeal in Sacramento. Leave it to those Northern California types to come up with this decision, right? First, let’s look at some important background information to understand how we got here. Common…
  • California Family Law Vexatious Litigant Motions Stop the Harassment

    Robert Farzad
    20 Aug 2014 | 8:54 pm
    Vexatious litigant motions in California family law cases can be a savior against an uncontrollable ex spouse or parent who keeps taking you back to court on frivolous requests. Learn more about them in this article. California family law cases can be stressful. But when you have an ex-spouse or parent who is a vexatious litigant, that stress can go to another level. Tell me if this sounds familiar? He or she keeps filing frivolous requests with the family court, causing hearing dates and you win at every one. But the person won’t stop. This process has caused you stress, money and you have…
  • Parental Conflict After Divorce and an Interview with Dr. Max Wachtel.

    Robert Farzad
    6 Aug 2014 | 8:56 pm
    Parental conflict during and after divorce doesn’t have to be an end to co-parenting and effective communication. Learn how to manage conflict and use it to evolve. There is so much emphasis placed on the goal of “no conflict” parenting today. But is the elimination of parental conflict after separation or divorce realistic? Especially after a father and mother have gone through a bitter separation or divorce? In this article, we will discuss where parental conflict starts, how decisions today make a big impact on future conflict, how to use parental conflict to become a better…
  • Parental Gatekeeping and Breaking Barriers in Child Custody Disputes

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

  • Man sentenced to 6.5 years in prison for child abuse

    JacksonWhite Law
    16 Oct 2014 | 8:19 am
    David Michael Stokes was “super nervous” as he addressed the Circuit Judge Robert Hodges. He entered the court room with the intent to enter a “best interest” plea of guilty to one felony count of aggravated child abuse. Normally, this charge would result in 30 years behind bars-but his plea agreement changed that. Instead the 23-year-old was sentenced to serve a little of 6.5 years in prison. He will also pay a fine of $1,000 and other various costs. Child Abuse in 2013 In march of 2013 Stokes allegedly harmed his girlfriends daughter. The young girl was almost 2 years old at the…
  • Man Divorces Wife for Desiring Too Much Sex

    JacksonWhite Law
    14 Oct 2014 | 8:03 am
    What seems to be every man’s dream, turned out to be on mans nightmare. In fact the man hated it so much, he filed for divorce: too much sex. Sex and Divorce There are many divorces filed where the couples are engaged in a sexless marriage, but it is rare to hear of a divorce due to excessive sex. One man filed a divorce in a Mumbai family court stating he could no longer stand his wife’s “excessive and insatiable desire for sex.” The husband approached the courts in India back in January, and originally stated his wife was “aggressive, stubborn and autocratic”. He also explained…
  • Divorce In Style: Luxury hotel offers divorce package

    JacksonWhite Law
    9 Oct 2014 | 8:54 am
    Located in New York, Gideon Putnam Resort & Spa is known for its stunning high end weddings. This fancy resort will soon be offering couples the opportunity to divorce in style. One of their newest packages will serve a quickie divorce in a beautiful setting. The Package For $5,000, the divorcing couples can un-do their “I do’s.” The $5,000 gets each spouse their own luxurious room, access to the resort’s spa, tennis courts, swimming area, golf courses, and a lawyer. The hotel website often has hotel suites that sell for $500 or more a night. Each room has views of “breathtaking…
  • The Priciest Divorce Ever

    JacksonWhite Law
    7 Oct 2014 | 12:41 pm
    Harold Hamm controls more oil than any individual who is not a king or dictator. With all this control, he is an improbable billionaire. With the news of his divorce with his wife of 25 years, everyone was expecting a fight over his assets. But it seems this 68 year old has more fight than anyone expected. Hamm v. Hamm The case is being handled in a closed Oklahoma City courtroom and is currently in its second week of trial. Mr. Hamm is caught in a conundrum of cause and effect. Hamm v. Hamm is questioning if Harold gained his fortune from luck or sweat and skill. For legal terms, it comes…
  • Six Words No Divorced Parent Wants to Hear

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

  • The Estate Planning Docs YOU Need for YOUR Aging Parents

    Mushkatel, Robbins & Becker, PLLC
    8 Oct 2014 | 8:19 am
    As our parents age, legitimate concerns will arise as to whether they have an estate plan, including all the right documents, and whether everything is in order. Do not assume your parents have already taken these steps; many people die “intestate” – without a will. Essentially, should your parent pass away without a will, the state will be responsible for distributing the estate, which can be a long and complex process – and potentially a costly one for the surviving family. An Individual Estate Plan: Asset Preservation and Estate Distribution No cookie-cutter estate plan will be…
  • Why It Is Important To Get Answers To Your Divorce And Support Questions

    Mushkatel, Robbins & Becker, PLLC
    8 Oct 2014 | 8:16 am
    If you are considering filing for divorce, it is important to “know before you go.” What you do early in the process can have a big impact the final outcome of a divorce, whether in a settlement or in court. Are you concerned about the amount of spousal support or child support you could be due? Are you wondering if you will be able to keep the family home, or how the marital property will be split in a divorce? These are legitimate concerns, and divorces vary widely. Your first step is to discuss your situation with a legal professional who is skilled in family law, and has years of…
  • That Medication Mistake Can Be Deadly!

    Mushkatel, Robbins & Becker, PLLC
    8 Oct 2014 | 8:13 am
    Our elderly parents are often in a condition that we just cannot manage at home. Cases of dementia, serious illnesses, physical incapacitation and other medical or mental problems lead us to the decision to place our loved one in a nursing home for professional care and treatment. We choose a nursing home that we expect to provide the level of care and medical treatment our loved one needs, including nutrition, exercise, medical care and oversight, as well as various types of social interaction, based upon the condition and needs of the person. Unfortunately, one common form of elder abuse…
  • Protecting our Roads AND Your Rights

    Mushkatel, Robbins & Becker, PLLC
    8 Oct 2014 | 8:05 am
    Drunk driving laws were put in place to protect those traveling on our streets, roads and highways from the dangers of intoxicated drivers. The law also protects your rights – but how? Obviously, driving while heavily intoxicated endangers other motorists. No matter how much legislation is passed or penalties increased, cases exist in which a driver is accused of being over the limit and is facing charges for DUI. No one would recommend that you drink and drive, but a driver may be illegally stopped by law enforcement and charged with DUI when no driving conduct could be attributed to…
  • Signs of Abuse and Where to Turn For Help

    Mushkatel, Robbins & Becker, PLLC
    8 Oct 2014 | 7:52 am
    Domestic violence can impact any person of any age, ethnicity, or economic level, and both women and men are victims of abuse. Abusive behavior is unacceptable, whether it is physical or emotional, as well as being illegal. The first step in dealing with this very difficult issue is to acknowledge that it is taking place. If you are in fear and walk on eggshells so that your partner does not explode, it is time to take action. Your own life or that of your children could be in danger, as another factor in domestic abuse is the tendency for the abuse to escalate from angry blow-ups to physical…
 
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    Fairfax Family Law Blog

  • What should I do immediately after an auto accident?

    Surovell Isaacs Petersen & Levy PLC
    15 Oct 2014 | 11:30 am
    Many Virginia residents may know that certain steps should be taken after an auto accident without knowing exactly what those steps are or why they are important. For victims of a car accident who decide to file a car accident claim, however, knowing what to do and actually doing those things can make a significant difference in the potential success of a claim or lawsuit against the at-fault driver. One of the most important things to do after an accident is to not leave the scene of the accident. All drivers should remain on the scene in order to speak with police and emergency personnel…
  • Treatment and prognosis for traumatic brain injuries

    Surovell Isaacs Petersen & Levy PLC
    9 Oct 2014 | 1:08 pm
    Head injuries can result from sports contact, falls, motor vehicle accidents, and other various incidents. Unfortunately, head trauma that results in a traumatic brain injury can have serious effects and implications on a person's life as many symptoms are quite disruptive of normal functioning and can be long-term or even permanent. It is important to receive treatment for a head or brain injury as quickly as possible after the injury is suffered in order to minimize potential damage. Although it is generally impossible to reverse brain damage that has already been suffered as a result of…
  • How can I prove liability for a slip-and-fall accident?

    Surovell Isaacs Petersen & Levy PLC
    2 Oct 2014 | 12:49 pm
    Property owners must maintain their properties in good condition, especially if the properties are frequented by consumers or the general public. Should property owners fail to comply with this responsibility and someone suffers an injury from a dangerous property condition, the property owner may be held liable in a premises liability lawsuit. Slip-and-fall accidents are some of the most common types of accidents that result in premises liability lawsuits. These kinds of accidents occur when someone either slips or trips and injures him- or herself as a result of conditions like torn…
  • We can help you sue for compensation after a consumer injury

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

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

  • Holding it down in Rikers Island, NY

    Esther Kim
    15 Oct 2014 | 8:00 am
    In a juvenile facility in Rikers Island, New York, juvenile detainees are routinely subject to violence and told to “hold it down,” which means to keep it quiet and not report the violence or injuries to other prison guards or the infirmary.  Furthermore, most of the staff and officers are not trained in how to deal with the children: “Historically here in New York, we’ve never trained our staff to do these things, even though we had an expectation somehow they would know… How do you manage a 16- and 17-year-old differently than an adult when we’ve never…
  • Stuck between a rock and a hard place: Juvenile Waivers

    Esther Kim
    13 Oct 2014 | 9:46 am
    Seven high school football players in New Jersey have been charged with committing violent sexual hazing, including aggravated sexual assault. The boys await their first hearing this week, and if prosecutors are successful in requesting waivers, some or all of the boys might be tried as adults in criminal court. Whether a case is moved into the adult system depends on several factors, including the history of the teenager, his age and the nature of the charge. They may also consider a victim’s opinion, said Laura Cohen, a professor at Rutgers Law School who is focused on juvenile justice…
  • Day 2 of the 13th Annual Zealous Advocacy Conference

    Alexandra Wolf
    16 May 2014 | 9:01 am
    It’s the second day of the 13th Annual Zealous Advocacy Conference here at the University of Houston Law Center! Mr. Larry McClaugherty, a pharmacist and owner at McClaugherty Consulting Services opened the conference with a discussion on psychotropic medications and children.  Next, Professors Jill Campbell and Susham Modi, clinical supervising attorneys for the Immigration Clinic at the University of Houston Law Center, will follow with a presentation on immigration and juvenile law.  Professor Campbell has conducted various outreach programs throughout the Houston area on the subject…
  • 13th Annual Zealous Advocacy Conference

    Alexandra Wolf
    15 May 2014 | 10:17 am
    This morning marked the start of the 13th Annual Zealous Advocacy Conference presented by the Center for Children, Law and Policy at the University of Houston Law Center and the Southwest Regional Juvenile Defender Center.  Nearly 100 attorneys from all across the country involved with and interested in juvenile justice have come to participate in the conference. Kicking off the two-day conference was the Juvenile Detention Alternatives Initiative (JDAI) director for the Annie E. Casey Foundation, Mr. Bart Lubow, who reviewed the Casey Foundation’s JDAI program in Harris County and around…
  • America’s Declining Literacy Rates and the Curse of Technology

    Esther Kim
    13 May 2014 | 10:54 am
    I’m embarrassed to admit it, but my daughter figured out how to use an iPad before she learned how to properly grip a pencil.  She preferred “flipping” the colorfully animated “pages” by swiping the screen rather than turning stiff cardboard or the tear-prone, fragile pages of a picture book.  Sadly, I’m mostly to blame: one of the few ways to get her to play by herself while Daddy finishes up a project on his work-issued laptop and Mommy reads her textbooks was to show her an e-book version of the three little pigs or play the alphabet song on YouTube. I…
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    Family Law Express Brief

  • Family Reports and the Psychology Industry in Family Law: Expert Interview

    Valerie Cortes
    18 Oct 2014 | 7:37 pm
      Dr Travis Gee Family Law Express has had the privilege to interview a Brisbane-based psychologist, Dr. Travis Gee, on his views of the psychology industry within the context of Family Law. Dr. Travis Gee is an Honorary Life Member of the Australian Counselling Association, of which he is an Executive Board member. Dr. Gee is currently in private practice. Dr. Gee extensive and broad experience has included him teaching in universities in both Australia and his native Canada, and he has prepared independent reports in criminal cases involving so-called ‘repressed…
  • Hearsay – What is it and when can you use it?

    Susan Jayne
    10 Oct 2014 | 10:21 pm
    Hearsay is often colloquially referred to as ‘he said, she said’. It is a statement being used to prove the truthfulness of something based on the fact that somebody else said it was true. If you were in the Family Court for instance, and you said “I saw John read his daughter a bedtime story”, this would not be hearsay because you are talking about something you personally witnessed. However, if you said “Jenny said that John read his daughter a bedtime story”, it would be hearsay because you are trying to prove that John read his daughter a bedtime story based on the fact…
  • Unacceptable Risk: Standard of Proof in Determining Child Abuse in Family Law

    Manisharaj Kaur Pannu
    6 Oct 2014 | 6:34 am
    Cases involving child abuse are amongst the most difficult cases faced by courts dealing with Family Law matters. They are equally difficult – both from an emotional and evidentiary perspective for the parties involved. The nature of child abuse in a family context – the fact that the perpetrator is often a family member, the child is young and hence more impressionable, less aware and less accurate in their recollection of events, and the lack of corroborating evidence due to the secrecy of the abusive act – makes such cases difficult to prove. 1 , 2 However, it is is irrefutable…
  • What is Family Violence according to the Family Courts?

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

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

  • Dangers of Talking About Your Ex After Divorce

    Sampair Legal Blog
    13 Oct 2014 | 1:49 am
    It’s very common for people to use social media, such as Facebook, Google+, and Twitter to vent about their divorces. The social network there can be very supportive. Some people even write blogs about their divorce, sharing with the world all of the ups and downs involved. Being able to share your feelings with your friends and acquaintances can be a great outlet. Unfortunately because of the public nature of these outlets, what you say could come back to bite you. Everyone in this country is guaranteed free speech, but there can be repercussions based on what you say. If you write…
  • Passports and Parental Abduction

    Sampair Legal Blog
    10 Oct 2014 | 1:47 am
    If you are worried that your ex may try to abduct your child and take him or her out of the country, there are some things you and your attorney can do to prevent this from happening. The first thing to do is apply for a passport for your child if he or she does not have one. Both parents must sign for this unless one parent has sole custody, in which case only one signature is needed. The court can override the requirement for both signatures if it is necessary to protect the child. Once a passport is issued, you can keep it in a safe or safety deposit box. Your ex cannot take your child out…
  • Splitting Up Siblings in a Custody Case

    Sampair Legal Blog
    9 Oct 2014 | 1:45 am
    When custody plans are decided in a divorce or custody case, siblings are usually treated the same. They are part of the same parenting plan and follow the same schedule. It is generally considered against the best interests of children to separate them from their siblings and deciding one parent should have one child while the other gets the second is not a reasonable compromise in your custody case (and it’s likely the judge would not approve it unless there are exceptional circumstances). The court will consider splitting siblings between homes if it truly is in their best interest, and…
  • Arizona Annulments

    Sampair Legal Blog
    8 Oct 2014 | 1:44 am
    An annulment and a divorce are not the same thing. A divorce ends a marriage. An annulment legally decides that the marriage was never legal in the first place and did not technically exist. A legal annulment is granted by the court in Arizona, but it is not the same thing as a religious annulment which is granted by your religious institution. You can get a legal annulment but still be religiously married, and vice versa. An annulment can only be granted in situations where the marriage was not entered into legally. It is not available if you changed your mind. A marriage can be annulled…
  • Covenant Marriage and Divorce

    Sampair Legal Blog
    7 Oct 2014 | 1:41 am
    In 1998 Arizona began offering covenant marriage, a type of marriage that makes it harder to get married and harder to get divorced. A covenant marriage occurs when you obtain counseling before marriage and then sign a declaration when applying for your marriage license. The declaration must state: “We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes and responsibilities of marriage. We…
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    Etheringtons

  • De Facto Relationships Defined

    Paul
    13 Oct 2014 | 2:08 pm
    De facto is a Latin expression meaning “concerning fact.” In law, it often means “in practice of actuality, but not officially established.” The Department of Human Services defines a de facto relationship as any relationship where two people over the age of 18 who are not married or in a registered relationship are living together as a couple. The relationship is considered de facto from the time you start living together as a couple. At this point there have not been any cases where the Court has ruled that a de facto relationship existed where the couple had never lived together,…
  • Why do I need a will?

    Paul
    8 Oct 2014 | 3:27 pm
    Around 50% of Australians do not have a will, but when unexpected events occur, a valid will ensures your children are taken care of, tax is minimised and your estate is distributed in your chosen way. These days, wills are inexpensive and easy to write with the help of a lawyer. Here are 4 reasons why making a will should be your No. 1 priority. Minor children are taken care of If you have children under the age of 18, a will can be used to nominate guardians and can detail how you would like your children’s education and maintenance to be managed. You can also designate the assets you…
  • Should I Sign a Partnership Agreement?

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

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

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

  • Learn How To Effectively Co-Parent – Part 3

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

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

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

    Jack Robinson
    6 Oct 2014 | 7:00 am
    Learn How To Effectively Co-Parent It is important to learn how to effectively co-parent because it will prevent children from being “Caught In The Middle” when parents get divorced. Research suggests both difficult and promising news: Children from families of divorce may suffer painful consequences, and yet children who are surrounded by support and given the skills and information needed to cope with the situation suffer fewer painful consequences. While it is important to learn how to effectively co-parent can be done but it does take effort.  Co-parenting is a phrase used…
  • Here Is How To Be A Better Friend – Part 1

    Jack Robinson
    2 Oct 2014 | 7:00 am
    Friends: people who know you well, but like you anyway. Unknown In this 2 part post, I listed 25 ideas I have seen on what it takes to be a better friend.  Would love to hear you ideas or suggestions to add to or improve this list 1. Always be there, even in silence. 2. Be kind and listen. Be fun and light. Be serious when needed, love extensively, and forgive always. 3. Don’t be scared to tell each other the truth no matter how difficult it may be. 4. Guide each other in times of need with your honest opinions. 5. A true friend is someone who always listens and is genuinely interested in…
 
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