When you are under a court ordered obligation to pay support, you must do so timely. It is important to be aware that payment of your support is not made when you send a check, and not when the check is received. Payment is only legally made when the check is negotiated for good funds by being deposited and clearing …
Without Prejudice Versus the Status Quo
In divorce and custody cases, temporary resolutions are often arrived at “without prejudice.” In theory, that means, for example, moving out of the marital residence and leaving the children behind with the other parent is without prejudice to your claims to the marital residence and child custody or increased visitations schedule. This makes the person moving out think he or …
Avoid Open Ended Pendente Lite or Preliminary Conference Stipulations
Lately I have subbed into too many divorce cases where the pendent lite (or preliminary conference) stipulation required the moneyed spouse to either: pay all charge card bills, or pay a percent of all expenses as listed therein, instead of paying a specific amount of child support and or spousal support each month. The problem is that even when the …
Therapy and Child Custody Cases
In child custody cases, often the parents and or the child(ren) have a therapist. If it is individual therapy, each parent and the child(ren) should have their own therapist separate and part from each other. Last I was aware, the American Psychological Association Ethics state that it is a conflict for the same therapist to provide therapy to one of …
What You Need to Know About Child Support But Never Asked
This is important information whether you pay or receive child support. Information most lawyers do not tell you at the time the child support order was issued. Information that may help keep many of you out of court, or have better success in court. If you receive child support, you probably get a basic child support amount paid weekly,
Is Your Divorce Uncontested or Contested?
Too many people call me to handle their divorce asking for costs, informing me it is an uncontested divorce. Before answering any questions, I probe further. I ask if the spouse also wants the divorce. Often I am told no. Other times the person says yes, then I ask if the spouse agrees as to custody and visitation. Often I …
Conference Versus Hearing Versus Trial
Perspective clients for divorce and family law cases tend to confuse me by using the wrong terminology. I have learned not to rely on the clients use of terminology and probe deeper to find out what is really meant. So, this article will address the correct usage of the terms most often misused by clients in divorce, child custody, child …
When Should Child Support End?
Presently when parents of a child in common no longer reside together, one parent pays child support to the primary residential parent. Child support includes a basic periodic payment of money that is paid to the residential parent. In addition the nonresidential parent also contributes a set pro rata percentage of add-ons, i.e., unreimbursed uninsured medical costs, childcare, college. For …
Your Emotional Reality May Not Fit the Law
In divorce and child custody cases, too often a potential new client wants to tell me his or her story and what he or she thinks his or her soon to be ex should and should not be entitled to, and why. It is not easy to get some potential new clients to understand that they know their life story, …
De-Escalation is the Word of the Day
When you are involved in a child custody proceeding in Family Court or as part of a divorce, you need to emphasize de-escalation of acrimony. Do not be reactionary to the other parent’s taunts, provocations or pushing of your buttons. You want the court to see that no matter what happens, you remain calm, rational and peaceful. Only then will …
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