Preparing for Child Custody Problems

ThinkstockPhotos-518751523Although you can’t predict what will happen in custody cases, you should draft standard language in custody agreements and court orders that will address common problems that arise in joint legal and physical custody situations. Doing so will help align parental expectations and minimize conflict for children.

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Does Bankruptcy Affect Support Obligations?

178634351Support issues are difficult enough when the parties are solvent, but what happens when one of the spouses goes through bankruptcy? Can support obligations be discharged? And on the other side, can the receiving spouse still collect if he or she files for bankruptcy?
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What to Do About Property Left Out of the Divorce Agreement

ThinkstockPhotos-526076097The parties thought they had covered everything (or maybe one party was being sneaky), but it turns out that some property was left out of the divorce proceedings and thus never made it into the judgment. Here’s how to deal with that situation—and how to better protect your client before this situation arises. Continue reading

Sharing Custody When Parents Don’t Share Religion

ThinkstockPhotos-164550089A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses parents’ interests in religious freedom and their right to teach and share their religious beliefs and practices with their children. What happens when each parent wants their child to share very different religious and cultural traditions?  Continue reading

What If the Ex-Spouse Hits the Jackpot?

Money rainA couple gets divorced and one is ordered to pay spousal support to the other. But then the one getting support hits the lottery, inherits a lot of money, or has some other financial windfall. Is the support payer off the hook? Continue reading

Divorce Papers Served by Facebook: Cold or Practical?

ThinkstockPhotos-465393314Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion of one’s social media space or a practical solution to a service problem. Either way, it’s something few recipients will “Like.” Continue reading

Like Cheese, Foreign Prenups Don’t Travel Well

177708665The following is a guest blog post by Peter M. Walzer of Walzer Melcher LLP in Los Angeles, a firm focused exclusively on family law. Mr. Walzer has been a Certified Family Law Specialist for 25 years.

It’s not uncommon for out-of-state attorneys to call California attorneys asking them to “just approve and sign a prenup.” The caller has drafted a premarital agreement in another state or country that he or she hopes will be enforced in California. Those hopes are usually dashed. Continue reading

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