A parent is said to have physical custody when he or she has actual, physical custody of marital children on a day-to-day basis. In other words, the child and parent live together. Legal custody is a concept that is separate and distinct from physical custody. The parent with legal custody has the legal right to make important […]
When the children of divorce are in their infant or toddler years, mothers often worry that joint custody arrangements will have a negative effect on their bonds with the children. According to a new study conducted by Arizona State University, young infants and toddlers benefit most when time is shared equally between mother and father. The study’s authors […]
Presented by Josh Murray For many couples, retirement assets represent a significant portion of net worth. During a divorce, most couples divide the benefits available in their employer retirement plans and the money they invested in their individual retirement accounts. Court-ordered division of assets The rules for splitting accounts are unique to each type of retirement account, […]
In New Jersey if an order for child support payable through the New Jersey probation department, but is not being enforced because your ex lives out of state, you could seek to have child support enforced by the New Jersey probation department through the Uniform Interstate Family Support Act or (UIFSA). Enforcing a New Jersey child support […]
When seeking a modification of a current custody or parenting time arrangement, whether you are the one seeking it or if it is the other parent, it is important to understand the potential hurdles the filing party will have to overcome before a Court will actually effectuate any type of requested change to the schedule that is already […]
A very common and valid concern that many women have after the Complaint for Divorce is filed is how, as the lower earning spouse, they will support themselves and their children while the divorce is ongoing. To remedy their valid concern, their matrimonial attorney will file a Motion for Pendente Lite support. This Motion, when granted by the Judge, […]
Who gets to hold my child’s passport when not traveling? The Department of Homeland Security and the State Department have instituted certain policies and procedures for single parents travelling internationally with a child. There have been plenty of battles over whether one parent can travel internationally with the child and whether or not they can obtain […]
As of January 17, 2017, the State of Alaska enacted new law in divorce cases which now grants the Court the authority to consider the well-being of pets when determining ownership or custody of the pet. Historically, the law has treated animals and pets like property, no different than a piece of furniture. However, Courts have moved toward treating […]
When one spouse dies after a divorce complaint has been filed, but before a final judgment of divorce is entered, neither the probate code nor the divorce laws about the equitable distribution of marital assets will control in relation to what, if anything, a surviving spouse will receive from the deceased spouse’s estate. That said, there is […]
When a couple divorces and there are children involved, determining child support is one of the most important issues that the couple must address. Because the final support award is based on the income of both parents, both parties must understand what funds are legally considered income and which ones are not. Federal law states that the definition […]
