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Blog Posts in March, 2013

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  • TO DIVIDE SEPARATE PROPERTY, LOOK AT ANY INCREASE IN VALUE AND WHETHER IT IS “ACTIVE” OR “PASSIVE
    TO DIVIDE SEPARATE PROPERTY, LOOK AT ANY INCREASE IN VALUE AND WHETHER IT IS “ACTIVE” OR “PASSIVE"

    The general rule in divorce is that property acquired during a marriage is deemed marital property. The presumption is that both parties contributed to it. However, property received before the ...

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  • IF YOU HAVE CHANGED A CHILD SUPPORT ORDER ON YOUR OWN, YOU MAY GET RELIEF, BUT DON’T RISK IT.
    IF YOU HAVE CHANGED A CHILD SUPPORT ORDER ON YOUR OWN, YOU MAY GET RELIEF, BUT DON’T RISK IT.

    There is a very clear rule in our family law that parties are not supposed to deviate from Court order without Court permission. For example, this rule means that parties are not supposed to change ...

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  • TO HOLD SOMEONE IN CONTEMPT FOR NOT PAYING MEDICAL BILLS, YOU HAVE TO SHOW THEY KNEW ABOUT THE BILL
    TO HOLD SOMEONE IN CONTEMPT FOR NOT PAYING MEDICAL BILLS, YOU HAVE TO SHOW THEY KNEW ABOUT THE BILL

    Our firm counsels its clients to send a copy of any medical bill to the other party, requesting reimbursement in writing. It is good to get in the habit of doing this right away with any medical bill, ...

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  • WHEN CAN GRANDPARENTS OR OTHER CARE TAKERS OBTAIN LEGAL CUSTODY OF CHILDREN?
    WHEN CAN GRANDPARENTS OR OTHER CARE TAKERS OBTAIN LEGAL CUSTODY OF CHILDREN?

    There are many situations where grandparents take care of grandchildren due to drug use or another irresponsibility on the part of the parents of the children. These caretakers may want to obtain ...

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  • DRUG TREATMENT IS NOT ENOUGH, BY ITSELF, TO CHANGE CUSTODY
    DRUG TREATMENT IS NOT ENOUGH, BY ITSELF, TO CHANGE CUSTODY

    When there is an agreement or order of custody, it cannot be changed down the road unless there is a "material change in circumstances" in the custodial parent’s household adversely affecting the ...

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  • WHAT DATE DOES THE CHANCELLOR USE TO DIVIDE MARITAL PROPERTY?
    WHAT DATE DOES THE CHANCELLOR USE TO DIVIDE MARITAL PROPERTY?

    There are several possible dates a Chancellor can use to divide marital property. Which one is used depends upon the facts and the legal procedure. Here are some of the possible dates: the date of ...

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