One of the things that happens when a couple gets a divorce is the separation of assets and liabilities. Prior to going to trial, the couple is ordered by the Court to attend mediation in order to allow the parties to resolve all, or as many issues as possible, before involving the Court. In mediation, […]
Tag: lee county attorney
What’s The Point Of Mediation?
Unless you go into mediation with the attitude that you know this isn’t going to work, mediation is a great opportunity to take your case out of the clutches of the legal system and put you back into ultimate control. Before walking into the mediation room, here are a few things to remember: The mediator […]
How Does Reunification Work In Cases Of Alienation?
If a parent has been absent from a child’s life for a significant time, it may be helpful to hire a mental health professional to assist the temporarily absent parent to reconnect with the child. Children, especially young children, who have not seen a parent for a long time, may be unsure of the parent […]
Ellisen v. Ellisen
The trial court in the attached case misconstrued the pleadings, and denied a petition for modification of alimony based upon the wrong legal standard. When modification of an existing order of support is sought, the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall […]
Child Support
As attorneys, we are often asked when a client should begin to pay child support, or if they should pay at all. The Court has the ability to order child support retroactively to the date of filing, the date of separation, or up to two years prior to the start of the case in a […]
Undifferentiated Family Support
When there are viable claims for both alimony and child support, often the Court will award “undifferentiated family support”, which is a combined number that will encompass both types of awards. This can be an opportunity to get a tax benefit normally associated with alimony but not available for child support, but one should be […]
Holiday Traditions
No matter which holidays your family celebrates, there are sure to be some tried and true family traditions. When your family is going through a divorce or paternity action, it is easy to get caught up in the negative emotions and to want to ignore the holidays. However, your children need to feel secure in […]
Pashtenko v. Pashtenko
In the following appeal involving a Petition for Injunction for Protection Against Stalking, the trial court’s summary denial of the Petition is reversed because the Petition alleged sufficient grounds to grant the petition. The trial court’s cited grounds for denial were inapplicable to this type of injunction. The Injunction should not have been summarily denied. […]
Holiday Gift Giving
The holiday season is upon us. If you are in the middle of a divorce or paternity case, you are likely feeling pressure to make the holidays extra special. You may be tempted to overspend on gifts for your children in order to make up for the confusion they are feeling or for “breaking up” […]
Corporations In Divorce
These days it is not unusual for a married couple to have one or more businesses that are incorporated as Corporations or Limited Liability Companies (LLC). When divorce comes up, a question should be asked “should the corporation be made a party?” If a spouse wants to have property that is owned by a corporation […]