Articles Posted in 2015 January

If a child (under the age of 18) is traveling with only one parent or someone who is not a parent or legal guardian, what paperwork should the adult have to indicate permission or legal authority to have that child in their care? Due to the increasing incidents of child abductions in disputed custody cases…

You can have your judgment filed in one State or County and then registered in another. When you register an out-of-state or out-of-county case where you live, you will be assigned a local case number. Depending on what you may be trying to modify, once registered, you can seek court orders in the court where…

Who got served first? The lead case will be the one in which parties were served first; not the one that was filed first. If two actions are pending in different courts of the same state, on proper motion, abatement in favor of the court whose jurisdiction was first perfected by service of process is…

A client recently asked what she should do now that her ex and she share legal custody, but ex is against immunizations. Either parent can file a motion (Request for Order) to have a legal custody order modified so that it is specific to certain decisions. Thus Legal Custody can be limited in that the…

You can. But …. The advantage to hiring a lawyer is that divorce is not as easy as people seem to think. I often get cases from people who try to go it on their own and then screwed up something major. Having a lawyer prepare your documents and appear in court with you ensures…

Designating attorney fee (or other types of) payments as spousal support triggers spousal support tax conseuqences – The fees are taxable to payee, and deductible by payor. IRC §71(b)(1)(B)

In the absence of any specific agreement, the primary custodial parent, (or the parent with greater than 50% custodial time with the children), is entitled to claim the exemptions. (IRS Code § 52(e)). If a parent is behind in child support, that parent cannot take the exemption for the year in which he failed to…

Prenuptial Agreements are not just about what happens in the event of a divorce, but instead can provide a financial plan for the relationship and its future. There are many different types of prenups. Some do away with community property entirely and replace it with another plan. Prenuptial agreements allow spouses to “opt out” of…

There’s more to divide than just real property: A Summary Checklist 1. Real Property a. Marital Residence b. Recreational Properties (Vacation Home, Condominium) c. Rental Properties d. Commercial Properties e. Leased Property f. Security Deposit g. Future Interests (Remainders) h. Oil, Gas, and Mineral Interests 2. Transportation Automobiles a. Trucks and Vans b. Motorcycles c.…

More and more of us are living our lives online and as a result couples are adding what’s called a ‘social media clause’ to their prenuptial agreements. Each party can agree not to post, tweet, or share anything that has to do with social media including, but not necessarily limited to nude photos, embarrassing or…