When parties separate in anticipation of divorce, there are several key financial considerations that must be addressed at the outset. Who’s staying in the residence? Who’s paying support to whom, what, if anything, do we do...more
One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where there is barely enough money to go around to support an intact...more
Most parties going through a divorce or family law matter understand what a trial encompasses. A trial in a divorce or family law matter is a contested hearing. At the contested hearing, witnesses are called, and evidence is...more
Most understand that a court enters a judgment after a contested divorce or family law matter results in a trial. In the judgment, the court enters a ruling in terms of the result of the case. The case outcome binds the...more
Business records can be vital to divorce or family law matters. Business records can become important in various ways. Business records could comprise of many types: employment, medical, school, investment, retirement,...more
In Iowa, child and spousal support (alimony) amounts are mainly determined by each party’s income. But income is not the whole story. Parties may deduct certain qualified expenses, resulting in a lower income amount used in...more
Under Iowa law, alimony, also known as spousal support, refers to the financial help provided by one spouse to the other following a divorce or separation. It addresses the economic disparity that can arise when one spouse...more
These facts come before courts throughout the Commonwealth every day. Father has a $340 a month support order. He is not paying. He quit his job and professed he could not find substitute employment. He said he had no money...more
This article focuses on the income approach to determining the marital standard of living (MSOL), with particular emphasis on Marriage of Cheriton (2001) 92 Cal.App.4th 269 and Marriage of Ackerman (2006) 146 Cal.App.4th 191....more
In a divorce or family law matter, various kinds of motions are usually filed as part of a case. Those who are going through a divorce are often confused about the nature of these motions. Confusion can also take place as to...more
After a divorce or paternity matter ends, one or both parties may want to somehow modify the judgment. In a general sense, modifications occur in cases of child custody, child support, spousal support, or alimony. However,...more
The new unpublished case of Nabbie v. O’Connor is a good review of above-the-guidelines child support, income imputation and counsel fees. Child support guidelines are only applicable for the total support award when parents...more
Many individuals end up in the family court for various reasons. It could be a divorce. It could be a legal separation. It could be other matters like a paternity case, order of protection, motion for contempt, motion to...more
Most parties want to settle their divorce amicably outside of court without a trial. For various reasons, some parties cannot reach a decision on every aspect of their divorce. Some parties might not even be able to reach an...more
When divorcing couples have minor children, frequently the amount of child support is an issue in the divorce. In Arizona, child support can be estimated using the Arizona Child Support guidelines. The courts provide a free...more
In divorce or family law matters, there is often times an order from the court for a payment from one party to the other. Sometimes, the order is through a consent judgment. Other times, the court might order the payment...more