A common question I hear in my practice regularly – what is the likelihood that I can get a custody change? The likelihood of success in a modification action is more complex than it might appear at first....more
Are you affected by a Will or a Trusts that is out-of-date or contains substantial errors impacting its ability to administer assets or appoint executors and trustees? There are options available to remedy some types of...more
As of January 1, 2026, significant changes to child support obligations in Washington state are set to go into effect. House Bill 1014, the result of implementing the recommendations of the 2023 child support work group, will...more
Most multifamily owners and managers are aware that discrimination against disabled tenants can result in litigation and increase the project’s operating expenses. However, the Fair Housing Act (FHA) not only prohibits...more
Also called “spousal support” or “maintenance,” alimony is the payment of money from one spouse to another after a separation or divorce. Alimony is intended to help the spouse who earns no money, or less money than the other...more
In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more
Even before the alimony statute was amended in 2014, there was a misconception that permanent alimony was actually permanent and could not be modified under any circumstances. I heard that tired argument many times despite...more
How was your Thanksgiving? I hope you celebrated the holiday in a pleasant setting with folks whose company you enjoyed, and with plenty of good food. I hope you participated in some interesting conversations or joined in...more
In a decision that raises significant questions about the future oversight of genetically engineered (GE) plants in the United States, the U.S. District Court for the Northern District of California on Monday, December 2,...more
Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more
It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders and Agreements are always reviewable and modifiable. However,...more
Navigating divorce in the UAE as an expatriate can be complex, particularly given the distinct legal frameworks that apply to non-Muslims. The UAE has recently introduced significant reforms through Federal Decree-Law No. 41...more
On August 22, 2024, the U.S. Food and Drug Administration (FDA or Agency) issued a draft guidance entitled, Predetermined Change Control Plans for Medical Devices. The draft guidance describes how FDA plans to implement new...more
Section 415 of the Uniform Trust Code provides that even in the absence of ambiguity the court may reform the terms of a trust to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence...more
You have a child with another person—either an ex-partner, ex-spouse, or someone with whom you never actually had a romantic relationship. You’ve gone through the court system and agreed upon or litigated a final parenting...more
On April 19, 2024, the United States Patent and Trademark Office (USPTO or Office) issued proposed modifications to the rules of practice for inter partes review (IPR) and postgrant review (PGR) proceedings before the Patent...more
April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other “one time” transactions are a basis to seek modification of child support or alimony awards....more
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at financial changes of...more
The Long-Term View- Among its core functions, federal tax policy seeks to encourage those behaviors among businesses that, in the long run, will have a lasting positive effect upon the nation’s economy as a whole. ...more
This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more
First Appellate Decision. In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other...more
It’s a common scenario: You don’t want a court to determine your family’s affairs, but you do want a structure in place to ensure you (and your children) get a fair outcome....more
Pennsylvania codified its custody laws in 1985 and at that time it drew a statutory distinction between decision making power (legal custody) and actual possession of the child (physical custody). In the 1980s there was a...more
We’ve been your dogged reporter on the ever-growing logjam in the Courts of Appeal on trust modification procedure. We’ve followed the twists and turns that courts have taken as they’ve tackled the question of what happens...more
Recently, the Circuit Court of Arlington County, Virginia, issued an important decision involving the modification and enforcement of deeds of trust. In Mahaley v. Metters, CL21002581-00/01, 2023 Va. Cir. LEXIS 80 (Arlington...more