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January 2017 Archives

Be careful how you negotiate for the family home in a divorce

One of the most common issues that arises when spouses divorce is "Which one of us gets the house?" Buying a home is a big milestone for many people, and one that can become a source of great grief later on, depending on the circumstances. Various factors may lead to a number of different decisions by a judge if you are unable to reach an equitable agreement when negotiating a divorce settlement. Furthermore, it is possible that a judge may throw out your settlement if he or she deems that it is unfair for some reason.

Beware mingling marital and non-marital assests

Many people fail to appreciate just how legally binding a marriage can be, especially in an era when more than half of all marriages end in divorce. The common nature of divorce often serves to undermine just how much marriage may complicate your assets if you are not careful. Traditional ideas about "what's mine is yours" are certainly admirable from a relationship standpoint, but can end up creating unnecessary tensions once divorce gets underway. Even if you do not anticipate divorcing (and who does?), you can keep tensions low and potential conflicts minimal by following a few guidelines for handling individual assets.

You may have to fight another parent's employer for child support

Divorcing parents often have conflict when it comes to determining child support. This can be doubly true for parents who have significant assets, or when one parent is a high earner. However, this conflict may not finished once a court order has been issued to establish how much child support should be provided. Even in cases where a high-earning parent has taken all the necessary steps to have child support payments deducted from his or her payroll, there is still the possibility that this parent's employer will not correctly deduct and transfer the payments.

What is Uniform Child Custody Jurisdiction and Enforcement Act?

Custody arrangements can become an enormous source of conflict, especially when the parents live in different states, or when one parent chooses to move out of state. Because different states maintain separate statutes that govern how judges determine custody and other parental issues, the decision of a judge in one state may not be honored by a judge in another state. Much of this conflict has been resolved through the near-universal adoption of the Uniform Child Custody Jurisdiction and Enforcement Act (recognized in all states except Massachusetts and Vermont), but there do remain some opportunities for interstate conflict.

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