News & Analysis as of

The 10 things about family law a lawyer must know to survive Street Law

A lawyer needs to understand the first law of thermonuclear dynamics – energy can neither be created nor destroyed; it is merely transferred or converted from one object to another. That’s what emotions are like. My...more

Modifications to Orders – Not All Family Law Decisions Are Set in Stone

When a divorce becomes final, a court issues rulings regarding spousal or child support, and child custody and visitation. These rulings are based on the circumstances of each spouse at the time of the divorce. However,...more

What Is An Affidavit Of Financial Information And Why Does It Matter?

An Affidavit of Financial Information (“AFI”) is a court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue....more

Woman Brings Charges Against Ex-Husband for Intercepted E-mails

In a recent New York case, Zaratzian v. Abadir, a former wife, filed a lawsuit against her former husband and his attorney alleging they violated the Wiretap Act and Stored Communications Act when she discovered that her...more

Your Child’s College Education – How a New Jersey Judge Has Clarified Divorced Parents’ Financial Obligations

College costs have continued to climb at an alarming rate. A New Jersey Judge, however, has established parameters for how much a divorced parent is required to contribute to the cost of his or her child’s college education....more

New Child Support Guidelines under Virginia Code Section 20-108.2: What do They Mean for You?

The child support laws in Virginia are changing significantly, and clients should understand how this development impacts them. On July 1, 2014, the Virginia Child Support Guidelines will be revised, in some ways...more

Argument Report: Illinois Supreme Court Seems Undecided on Child Support for Non-Custodial Parents

Actively questioning both sides, the Justices of the Illinois Supreme Court seemed conflicted during the recent oral argument in In re Marriage of Turk. Turk poses a potentially important question of domestic relations law:...more

College Expense as “Child Support” Gets the Green Light from the California Court of Appeal

I am always amazed and a bit impressed by parents who, after a financially devastating divorce, want to find a way to pay for their child’s college education. In California, state mandated child support ends (except for...more

Child Support: Will I Really Have to Pay for My Child’s College?

“Aren’t I done paying support once my kid turns 18?!” is common sentiment among many parents who are paying child support. A recent case that has been making waves in the news involves a New Jersey teenager who sued her...more

Can my ex-spouse see our children if he/she does not pay the court ordered child support?  [Video]

Phoenix business law firm Jaburg Wilk's family law and criminal defense attorney Jason B. Castle talks about why a person has to allow their ex-husband or ex-wife to see the children even though they are not paying child...more

Doctrine of Paternity by Estoppel and Child Custody

The doctrine of paternity by estoppel is most often applied in child support cases to either preclude a man who has held the child out as his own from avoiding support of the child after his relationship with the child's...more

Illinois Supreme Court to Decide Whether Courts Can Award Child Support From Custodial to Non-Custodial Parents

Our previews of the newly allowed petitions for leave to appeal from the closing days of the November term continue with In re Marriage of Turk, which poses a potentially ground-breaking question of domestic relations law:...more

Divorce, Child Support and Alimony

When it comes to child support, the laws vary considerably from state to state. Some states allow “permanent” alimony in certain circumstances, but some do not. Most states allow for some sort of alimony payment for a finite...more

Argument Report: Does the Income Withholding for Support Act Require Strict Compliance?

Our reports on the oral arguments from the September term of the Illinois Supreme Court continue with last week's argument in Schultz v. Performance Lighting, Inc. The plaintiff obtained a divorce in 2009 and was...more

Illinois Supreme Court to Debate Strict vs. Substantial Compliance With Withholding Orders

Tomorrow morning, the Illinois Supreme Court will hear oral arguments in Schultz v. Performance Lighting, Inc., which poses an important question for domestic relations law: must a Withholding Notice under the Income...more

What is spousal maintenance and how is it determined in Arizona? [Video]

Phoenix business law firm Jaburg Wilk's Board Certified Family Law Specialist Mitchell Reichman discusses what Spousal Maintenance is and how it is determined in Arizona. He also describes the time frame associated with...more

Could You, Would You?

I have seen many people do many things for varying reasons when faced with a hotly contested divorce or child custody matter. Unless you ever confront such a difficult situation, some of the things people do may seem...more

Does The Income Withholding for Support Act Require Strict Compliance?

Our preview of newly petitions for leave to appeal allowed by the Illinois Supreme Court in the closing days of the just-ended May term continues with Schultz v. Performance Lighting, Inc., a decision from the Second...more

Lifetime Lump Sum Workers' Comp Settlement Fully Allocable for Child Support

How is a worker's lump-sum settlement for a disabling injury -- a payment meant to compensate for lost income for the remainder of the worker's expected working life -- treated for purposes of calculating the non-custodial...more

When Fault Enters a No-Fault Divorce

Michigan is a no-fault divorce state. This simply means that you don’t need to prove any fault on the part of your spouse as grounds for a divorce. For example you needn't show that your spouse was cheating on you, that your...more

Civilized Divorce through Mediation [Video]

A longstanding client calls to tell you that his marriage is falling apart, and that his wife wants a divorce. Inasmuch as you have represented both the client and his wife on previous occasions, you now feel uncomfortable...more

Are Unallocated Support Payments in a Divorce Action Tax Deductible?

A couple going through a divorce action should understand whether a support payment, not specifically allocated as child support or alimony, is a taxable event where the payor may deduct it and the payee report it as income...more

Argument Report: How Should a Workers' Compensation Settlement Be Handled in Calculating Child Support?

Last week, the Illinois Supreme Court heard oral argument in Mayfield v. Mayfield, which presents several issues regarding the proper handling of lump sum workers' compensation payments for purposes of calculating a party's...more

A Busy Day of Civil Arguments at the Illinois Supreme Court

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

Tax Planning for the divorcing and newly divorced

Tax planning and divorce sound like two unlikely partners, but they are not. This week’s blog post is written by Selwyn Gerber, CPA, who explains why tax planning is critical during and after a divorce....more

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