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February 2016 Archives

You should keep records of your alimony payments

Alimony payments are mandatory, complicated to calculate, and have tax implications. They are complex payments that must be exact and paid on time. Failure to do either could result in you being dragged into court. So the question is: how can you maintain proper records to show as proof that you are paying on time? This article will go into the records you should keep.

If my child is going to college, do I still owe child support?

This is a complicated question that is highly fact-dependent. Continued child support depends on your child's academic achievement; if college is a realistic option. It depends on your and your spouse's success. Is your child expected to follow in your footsteps? Did you always expect him or her to go to college, to become a doctor or a lawyer? These are just some of the factors the court will examine to determine if you must pay child support through college and post-secondary school.

Divorce for military service members

Everything about the military is about parallel systems. Soldiers have both their duty and their family. They answer to both federal and state legal systems. This applies to both military tribunals and state court systems. A service member can face trial in under both the Uniform Code and applicable federal and state statutes. This all adds up to a complicated quasi-relationship with the law that involves everything from divorce to child support. These overlapping laws create confusion among service members who may not realize which legal system they are dealing with. This article will discuss these overlapping laws and how they affect the military. 

What is a living together contract?

A "living together contract" is to cohabitating and unmarried couples as "prenuptial agreements" are to married couples. These contracts are part of a growing trend to streamline breakups between couples that often spend years acquiring property together. Disentangling the lives of an unmarried couple can be just as complicated as a married couple. To reduce some of the uncertainty, are living together contracts. This article will discuss these contracts and how enforceable they may be.

What happens if your child seeks emancipation?

Teenagers are already navigating complex social interactions in school, preparing for college or adulthood and a mess of hormones. Now imagine throwing into that stew of chaos, a divorce. Most teenagers may react with risky choices or anti-social behavior but a few may act with more drastic measures. Emancipation is a legal process by which minors gain legal personality which allows them to act on their own behalf. This article will explore the method by which that is accomplished and how it affects your parental rights.

What rights does an unmarried father have to his child?

Most fathers probably take for granted that they have parental rights over their children, which is true the majority of the time. However, it is true only because fathers tend to fulfill the requirements to gain parental rights without intending to. If you fail to meet every requirement, then it is possible that you may lack parental rights over your child. This article will explore the method in which unmarried fathers gain parental rights.

Do you have to pay your ex-spouse alimony?

Spousal support, or "alimony" is not automatic, even if you have a prenuptial agreement. The court will still examine whether or not it is fair or necessary to award spousal support. Typically the court will consider the health, education, work history and current job prospects for your ex-spouse. If the court finds that there is a severe disparity in relative economic strength, then the court may award support to ensure that divorce does not result in your ex-spouse losing their standard of living.

Is your prenuptial agreement enforceable?

The prenuptial agreement or "prenup" is a contract that is used to allocate financial rights between spouses. But these agreements can cover far more topics such as: property rights, allocation of retirement funds, the division of business assets and more. This article will discuss the various ways in which these agreements could be stricken by the court.

  • The agreement must be, mostly, fair. This means that the provisions cannot be stacked against one of the spouses. How precisely to draw this line depends upon the individual facts of each divorce.
  • Prenuptial agreements may only allocate financial rights. If you attempt to determine child custody or child support, the court may strike the entire agreement. However, the agreement may determine spousal support or alimony.
  • Prenups that are based upon false or incomplete information may be stricken. The reasoning is simple, this agreement is trying to allocate financial rights so if any part of it is based on faulty information then it can't do its job.
  • If one of the spouses forces or tricks the other into the agreement, then it could be stricken by the court. Both spouses must freely enter into the agreement and have enough time to consider the provisions.
  • Both spouses must be represented by their own attorney, especially if one spouse retains counsel. The reason is because prenups are drafted in anticipation of litigation, so there is no way that an attorney can fully assist both parties.
  • Prenuptial agreements must be signed by both parties before the wedding.
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