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
In divorce proceedings, both parties are obligated to transparently disclose their assets, debts, and income. Although the law mandates truthful reporting of earnings to the court, some individuals choose to deceive by...more
OnlyFans… it’s not just for following your favorite professional athlete, musician, chef, or artist, which, if you are unfamiliar with the site, you may think that’s what it’s for. However, by and large, OnlyFans has a...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
We have recently encountered an issue where one former spouse is pursuing a reduction in alimony based upon a significant reduction in commissioned income. In exploring this issue, there is not a great deal of appellate...more
The definition of “income” for purposes of paying spousal or child support would seem to have been resolved decades ago. In 1985 when Pennsylvania passed its statute defining “income” it adopted a definition that essentially...more
The Massachusetts alimony statute provides that when alimony is set, the court shall exclude from the calculation gross income, which the court has already considered for setting a child support order. Effectively, this has...more
It has not actually happened but last month the administration announced its intention to confer discharges of up to $10,000 in student debt for individuals earning less than $125,000 or couples earning up to twice that...more
On July 28, the Ninth Circuit Court of Appeals (“Court” or “Ninth Circuit”) issued a significant decision addressing the Class III gaming compact negotiation process between a state and a tribe as required by the Federal...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
One of the more difficult scenarios to deal with during a divorce is when the higher earner who will likely have to pay alimony and child support, loses her/his job through no fault of their own. The problem is exacerbated...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
Other states have alimony, but in Washington State, we call spousal support or alimony “spousal maintenance.” Here is a quick overview of spousal maintenance in Washington State so that you can be prepared for that first...more
We have all read the headlines that divorce rates are increasing worldwide and those rates are not expected to be dropping soon. The COVID-19 pandemic has pushed many of us to our limits. People are stressed out and locked...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
We are living in tough times. With the pandemic we are facing increased unemployment. The loss of a job or decreased hours, can result in not being able to meet your court ordered support obligation....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
Cleopatra Cameron is the granddaughter of wealthy oilman Arthur A. Cameron. Cleopatra’s father, Arthur A. Cameron, Jr., created several spendthrift trusts for Cleopatra’s benefit which are collectively referred to in this...more
If you are watching the news you have some impression of what New Orleans must have been like in the hours before Hurricane Katrina hit. The Coronavirus storm is hitting New York City and the lower counties with a fury. The...more