Although 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.
Support 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?
A 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
A 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
It’s popular knowledge that remarriage is the death knell to spousal support, but did you know that cohabiting can also affect spousal support? With love and plans to live together floating around on this Valentine’s Day, it’s wise to consider this financial reality. Continue reading
Employee benefits may be one of the biggest assets involved in a divorce—often similar in value to the family residence. With so much money on the line, identifying, valuing, and dividing benefit plans is a priority. Here are 5 steps you should take whenever employee benefits may be involved in a separation or divorce. Continue reading
Filed under: Divorce Law, Family Law, Legal Topics | Tagged: 401k plans, community property, defined benefit plans, division of assets, divorce, employee benefits, legal separation, pension plans, retirement benefits | 1 Comment »
When parents don’t agree on a child custody issue, the parenting plan is the tiebreaker. Given this power, family law attorneys need to draft parenting plans with the utmost care to make sure that uncertainty and ambiguity don’t undermine the best intentions. Continue reading