The first thing I would do, if it was my client that had the child, is encourage them to get the child into counseling immediately to find out what’s going on. Second of all, I would then encourage them to include the other parent in the counseling with the kid so you can find out […]
Legal Issues
Will child or spousal support be reduced if the moneyed spouse is making payments to other ex-spouses?
If the moneyed spouse has been divorced more than once, will payments to previous spouses and/or children reduce the amount of spousal or child support that a third spouse for instance is likely to receive?
Does child support cover all the expenses the children had during the marriage?
No, generally child support covers the basic expenses, such as the food, lodging and basic necessary life expenses for the child. Things such as horseback riding lessons or private school will not be considered. The court can never award a party or force a party to pay for private school. This would have to be […]
Is spousal support meant to guarantee that the recipient’s lifestyle will remain the same after divorce?
True. And again, I know it’s been a constant refrain, but it is a fact specific case. You’d have to look at what the high-net-worth is and what’s the reasonable standard of living? It is one of the factors to consider. The judges will try to strive as best they can to allow the parties […]
Will expenses be taken into account when determining child support?
No. They won’t, not upfront unless if the parties want to come to some type of agreement and parties are always free to come to their own agreement as long as the judge thinks it’s fair and reasonable. So, as a general rule under law, no they wouldn’t be accounted but if the parties wanted […]
If both spouses co-own a business together, how will it be divided on divorce?
It would depend on how they choose to divide it. You’d have to value it and see what it is. It would depend on the other factors of the situation. The judge would have to apply what are the other assets that the parties own? Do they both have the same income potential? Do they […]
Will private business records become public records during the divorce?
Not if a protective order’s been entered. Usually this is one of the prime reasons the protective order is entered. And the protective order would set out the ground rules and lay out that what is to be kept private shall be kept private, and only disclosed to the parties for the purpose of that […]
If one spouse owns a business, how can he or she protect the company during divorce?
This is a two part question and so I’ll take it as a two pronged answer. And first I’ll look as it pertains to protecting the business financially, this again depends on the facts specific to the case. As you can see, family law is a very fact specific driven type of law. Everything needs […]
If a spouse was making fraudulent claims on joint tax returns, can the innocent spouse be protected from prosecution?
If a stay-at-home spouse signed joint tax returns during the marriage and it turned out the moneyed spouse was under reporting income or making fraudulent claims, can the innocent spouse be protected from prosecution?
Where there are multiple properties, how will these be divided on divorce?
Where there are multiple properties, some owned by one spouse before marriage, some income properties and some family residences or vacation homes, how will these be divided on divorce? Are they all subject to division or are some exempt?
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