Family Law Updates

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What is Custodial Interference?

Custodial interference is a felony. A person commits custodial interference if they keep the child from the parent who should have time with the child. Although the statutes in Arizona take custodial interference seriously,...more

Selling the Business to Divide the Assets, Part 1

This is the latest in my series discussing a recurring question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? I’ve previously touched on two alternatives by which the spouse...more

Kid on the Hot Seat: Child Witnesses in Divorce

Recently, I have been part of more discussions than usual about the propriety of having a minor child testify as a witness in a custody dispute or divorce matter. ...more

What Employers Should Know about the FMLA and Same-Sex Marriages under New Department of Labor Rules

After the 2013 Supreme Court decision in United States v. Windsor, federal agencies have been moving to align federal policies and procedures with the holding of that case. ...more

Michigan Court of Appeals Reverses Adoption of Indian Child; Cites Michigan Adoptive Placement Preference Standards

As mentioned in a recent blog post regarding child custody proceedings involving Indian children in Michigan, significant legal and procedural requirements must be met before an Indian child may be adopted. ...more

DOL Issues Final Rule Regarding the Definition of "Spouse" Under the FMLA

In another effort to remedy the chaos caused by the U.S. Supreme Court’s overturn of the DOMA in June of 2013, the Department of Labor (DOL) has issued its final rule defining who is a “spouse” for purposes of the federal...more

Does getting married affect my Social Security Disability?

Anyone who receives Social Security Disability benefits knows that the financial and medical criteria beneficiaries must meet are strict. As a Social Security lawyer Chicago can attest, many changes in living situation can...more

Protecting Your Parental Rights—What You Need to Know About New Jersey’s Gestational Surrogacy Law

For couples who can’t conceive and in cases where in-vitro fertilization is not a viable alternative, surrogacy has become a popular method for couples to have a child. An even more attractive option for parents, ‘gestational...more

Alimony Reform HB 943 House Staff Analysis

On March 2, 2015 we posted information regarding the proposed alimony reform bills pending before the Florida House of Representatives (HB 943) and Florida Senate (SB 1248). The House of Representatives posted a staff...more

Michigan Legislature Adopts Measures to Ease Tensions in High-Conflict Domestic Relations Cases

High-conflict domestic relations cases create a significant drag on a court's resources through ongoing disputes that range from who is responsible for paying for music lessons through charges of parenting alienation as a...more

FMLA Recognizes Same-Sex Marriages

The U.S. Department of Labor (DOL) has revised the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include marriages legally entered into by same-sex couples. This revision expands the FMLA’s reach...more

Spring Break and Shared Parenting

It’s a beautiful day in Central Florida and spring break is in full swing! The sun is out, the flowers are blooming and the beach is calling your name! Typically, parents alternate the week of spring break from year to...more

Child Custody and Visitation: The Grounds For Emergency Relief

In a family law proceeding, one of the most sensitive and emotionally charged areas –for both the family law attorney and the client- typically concerns issues surrounding custody and visitation of the children....more

Frequently Asked Questions: Attorneys’ Fees and Costs in Divorce Cases

I don’t want the divorce; why should I have to pay for it? We all have expenses for things that we do not anticipate. We do not intend to get sick or hurt; however, if we need medical attention, we are required to pay...more

Failure to Object to Court Procedure Waives Issue on Appeal

In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal....more

Tax Filing During a Divorce: Separate or Joint Returns?

Couples going through a divorce should remember this regarding taxes: You can still file a joint return, so long as you were still married as of December 31st....more

Marriage and SSD benefits

Most Chicago residents know that changes in living situation, such as increases in income or a return to work, can affect a person’s eligibility for Social Security Disability benefits. ...more

Article Abstract – Preferred Interest Partnerships to Use DSUE Amounts Received by a Surviving Spouse

These abstracts are provided as a service to the readers of Rubin on Tax to advise them of articles that may be of interest to them, both as they are published and as a research tool...more

Same Sex Couples Now Have Options

Before yesterday, when I prepared estate planning documents for same-sex couples there was a quagmire of issues that had to be addressed, since the State of Florida did not recognize same-sex marriages. As of yesterday, all...more

Why is my Divorce lawyer friendly with the opposing lawyer?

You may be surprised that most divorce lawyers in Phoenix get along rather well. Many times clients have a difficult time understanding that two lawyers, with diametrically opposed positions and clients, can have a good...more

Defining the Marital Portion of a Retirement Plan

The issue of what constitutes the “marital portion” of a retirement plan in Florida is not always clear. Compare Boyett v. Boyett, 703 So. 2d 451 (Fla. 1997) with Nix v. Nix, 930 So. 2d 711 (Fla. 1st DCA 2006); compare also...more

2015 Alimony Reform Bill

Significant attempts have been made in recent years to overhaul Florida’s alimony law. While such attempts have nearly been successful, they have ultimately failed. Specifically, in May 2013, Governor Rick Scott vetoed the...more

Six School Vacation Week Tips for Co-Parents

Hi there, Spring vacation is almost here for many private schools and April vacation is just around the corner. Whether you’re taking the kids on vacation by yourself for the first time or you’re going to be the parent...more

Grandmother Denied In Loco Parentis Standing, But Door Left Open For Grandparent Standing

D.G. & D.G. v. D.B.& G.V., 91 A.3d 706 (Pa. Super. May 2, 2014) - The D.G. & D.G. v. D.B. & G.V. custody action was originally commenced in 2009 when Grandmother sought partial physical custody of the Child, E.B....more

DOL Rulemaking Puts Employees in Same-sex Marriages on Equal FMLA Footing

The Department of Labor’s (DOL’s)Wage and Hour Division issued a Final Rule on February 25, 2015, revising the federal regulations defining “spouse” under the Family and Medical Leave Act (FMLA) to include all legally married...more

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