Family Law

Monday, October 18, 2021

How to Enforce a Child Support Order

As many can attest, going through a divorce can be a difficult experience and the process can become contentious. Even after the spouses reach a settlement, conflict may continue to arise, particularly when a parent fails to make the required child support payments. In these cases, it may be necessary to take legal action to enforce the child support order.

Child Support at a Glance

While child support determinations may vary state to state, the courts generally consider a number of factors in reaching these decisions, including:

  • The child's standing of living while the parents were married

  • The income of each parent

  • Whether one parent is paying alimony to the other

  • The health, medical and educational expenses of the child

Child support orders specify the amount that is to be paid and usually require payments to be made on a monthly basis until the child becomes an adult.

Enforcing a Support Order

While both parents are responsible for the financial well-being of their children, the parent who has primary custody will typically be awarded child support.
Read more . . .

Monday, September 20, 2021

Know the Risks of "D-I-Y" Divorce

Do it yourself” divorce is fraught with risks – even if your case is “simple” and both parties agree on all issues regarding division of property, support, and child custody and visitation. As many have learned the hard way, it is all too easy to make critical missteps today that will come back to haunt you down the road.
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Monday, August 16, 2021

Prenup Considerations Before You Say I Do

Most people think of marriage as a declaration of love and commitment, not as a legal contract that defines the financial and familial obligations of each party. That is, until they start negotiating a divorce settlement and discover their state’s policy on the division of marital property and spousal support. Although not every couple establishes a prenuptial agreement, there are several good reasons for having a smart prenup in place before saying those magical words, “I do.”

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Thursday, July 15, 2021

Dealing with a High-Conflict Divorce

A divorce is one of the most stressful things a person can experience. In some cases, spouses can amicably work out and settle their differences. But in far too many others, one spouse is determined to make the process as painful as possible. These are some tips for making it through a high-conflict divorce.

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Friday, June 18, 2021

Using a Separation Agreement to Resolve Your Family Law Case

For most people, the idea of divorce conjures up worries over stress, money, and time. But divorce does not have to be the knock-down, drag-out fight often depicted in the movies. Most issues can be resolved using something known as a separation agreement.

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Wednesday, May 12, 2021

The wedding was called off - so who gets the engagement ring?

You've proposed to the woman of your dreams, and she said yes. You've set a date, prepared the invitations – and, of course, you gave her an engagement ring. But if the wedding plans fall through and you and your fiance split, who keeps the ring? Considering that engagement rings can cost thousands of dollars, it's no small property dispute. What happens next depends largely on where you live.

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Wednesday, April 14, 2021

Uncovering Hidden Assets in a Divorce

Going through a divorce can be a difficult process, especially when the proceedings become contentious. In fact disputes about spousal support and child support often arise, and it is not uncommon for one or both spouses to attempt to conceal their assets from each other and the court. While this is illegal, it happens more than many realize.

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Tuesday, March 16, 2021

Tax Consequences to Keep in Mind During Divorce Property Division

When you are going through the divorce process, particularly the property division process, you may end up focusing on what you are getting and the monetary value of what you are getting. This will do your finances a serious disservice. Considering the tax consequences of what you are awarded during property division could save you a significant amount of money.

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Monday, February 8, 2021

Own a business with a spouse? What happens after a divorce?

Given that this situation encompasses various areas of law, you should consult both a matrimonial and a business law attorney. Depending upon the type of business the division between you and your soon-to-be ex-wife may be straightforward. However, more than likely, it may take significant work to be able to divide the business. If you and your wife intend to continue to own and/or operate the business together, you could simply divide the ownership between the two of you.

Otherwise, the two of you have to continue to work together until the business is actually sold or dissolved. If the business is such that it has two distinct areas you could spin off one of those into a separate entity that can be owned by one of you.  If the business owns real estate, perhaps some of the real estate could be transferred into a new entity to be owned by one of you with the other of you retaining the ownership of the original entity. If the business is such that it is almost impossible to divide, then perhaps one of you becomes the sole owner of the business and has to pay the other over some period of time for the value of one half of that business. Instead of paying the other of you perhaps an outside loan from a bank or other lending institution could be obtained to provide the funding for the purchase price.

A final option may be that the business has to be sold to an outside third party and the proceeds would be divided between you and your wife in accordance with any agreement between the two of you that have been approved by the divorce court or pursuant to an order.

Monday, January 11, 2021

What are Safe Haven Adoption Laws?

Women who find themselves with crisis pregnancies often don't know what to do. They may be scared and unsure who to turn to for support. To respond to this, many states have adopted some version of what are known as Safe Haven Adoption Laws. These laws are intended to prevent infant abandonment and child endangerment by allowing mothers to safely relinquish their children without fear of prosecution. While every state's Safe Haven law is different, they each share some common features.
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Sunday, December 6, 2020

What do I do if the other parent interferes with my custody?

You've made it through your custody battle and finally have an order from the court. This should mean the end of conflict with the other parent, right? For many parents, unfortunately, the answer is no. Interference with the other party's custodial rights frequently occurs and can perpetuate the fight far beyond the courtroom.  

What is custodial interference?

Custodial interference can occur in a number of different ways. Sometimes it involves improperly affecting the parental relationship, such as denigrating the other parent in the child's presence.

Read more . . .

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