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Archive for January, 2009

*All Posts,Alimony,Child-support

Where certifications filed with the court indicated that there were inconsistencies between the amounts that defendant reported on the tax returns and the defendant’s history of earnings, the court may notify the IRS

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January 30, 2009 at 7:28 pm

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*All Posts,Death,Equitable-distribution

When the estate of a spouse who died while an action for divorce is pending presents a claim for equitable relief related to marital property, the court may need to consider the claim

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January 28, 2009 at 6:47 pm

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*All Posts,Alimony

Limited duration alimony is intended to cover cases in which either a denial of alimony or an award of permanent alimony would constitute an injustice

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January 27, 2009 at 5:54 pm

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*All Posts,Harassment,Stalking

In the DV setting, the criminality of the perpetrator’s conduct does not depend on the courage or timidity of the intended victim

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January 27, 2009 at 5:34 pm

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*All Posts,Child-support

A judge may disregarded the Child Support Guidelines when interpreting the parties’ childcare agreement where the parties divided their childcare expenses pursuant to a negotiated agreement and did not rely upon the Child Support Guidelines in doing so

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January 26, 2009 at 6:31 pm

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*All Posts,Emancipation

If the parties specifically negotiated a precise definition of “emancipation” within the terms of their property settlement agreement, then that agreed-upon definition shall be enforced

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January 26, 2009 at 5:18 pm

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*All Posts,Divorce,Equitable-distribution,Pension,QDRO

When, as part of a divorce, a spouse waives her interest in the benefits of an ERISA pension plan, a plan administrator may properly distributed benefits to a deceased participant’s ex-spouse if she was the only designated beneficiary

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January 26, 2009 at 1:48 pm

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*All Posts,Child

Parents may be responsible for the actions of their children

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January 26, 2009 at 7:33 am

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*All Posts,Child-support

Various sources of income are considered for child support

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January 23, 2009 at 6:56 am

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*All Posts,Asset Valuation

Hypothetical transactional costs are not allowed

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January 23, 2009 at 6:39 am

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