by Karen UlmerCustody refers to both physical custody, which is the schedule parties follow, as well as legal custody, which is who makes important decisions for the child(ren). Often times parties will share legal custody meaning they need to communicate, and ideally agree, on major decisions impacting healthcare, religion and education. Which school district a child goes […]
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Hague Convention Implications
Enforcement of an international custody order is addressed by the Hague Convention on the Civil Aspects of International Child Abduction. Signatories to the Hague Convention are required to immediately return children if taken or retained in violation of a custody order. All countries who are parties to the Hague Convention must establish a “Central Authority.” […]
Child Support Awareness Month
August is National Child Support Awareness Month. August has been dedicated to child support awareness since 1995 when President Clinton began it as part of his welfare reform agenda. The purpose of raising awareness is to improve the collection of child support payments. The preferred method of collection is wage garnishment. There is also information […]
Changing School Districts?
Custody refers to both physical custody, which is the schedule parties follow, as well as legal custody, which is who makes important decisions for the child(ren). Often times parties will share legal custody meaning they need to communicate, and ideally agree, on major decisions impacting healthcare, religion and education. Which school district a child goes […]
Lump Sum Alimony
Alimony is support paid to an ex-spouse following the divorce decree. The amount of alimony is largely based on the incomes of the parties but may also be affected by the distribution of the other assets, if any. Unless otherwise stated by agreement, alimony may be subsequently modified due the changed circumstances of either party. […]
Limits on Grandparent Rights
Section 5325 of the Domestic Relations laws sets out the circumstances under which grandparents and great-grandparents may petition for partial custody/visitation. One of three conditions must be met: (1) a parent of the child is deceased; (2) the parents of the child have been separated for at least six months; or (3) the child has […]
Basic Requirements for a QDRO
A qualified domestic relations order or QDRO for short, is a document that is needed to split certain retirement benefits in the context of a divorce. Specifically, all benefits governed under ERISA (Employee Retirement Income Security Act of 1974) require a QDRO for division. ERISA plans may include pensions, 401Ks, profit-sharing plans, and stock ownership […]
Dealing with Pre-Marital Assets
The Divorce Code defines marital property as that acquired from the date of marriage through the date of separation. It may also include the increase in value of property earned prior to the marriage to the extent the increase occurs during the marriage. A popular example of this may be a retirement plan or savings […]
Informal Probate Administration
Informal administration is where the bulk of the process is by agreement of the interested parties. The notice requirements are still the same. After the short certificate, the executor or administrator needs to notify all possible beneficiaries as well as all possible debtors by publishing notice in the local law reporter and a local newspaper […]
Formal Probate Administration
Formal administration involves handling the entire process through the courts. After the short certificate, the executor or administrator needs to notify all possible beneficiaries. They will also need to notify all possible debtors by publishing notice in the local law reporter as well as a local newspaper of general circulation. The executor or administrator should […]
Start of Probate Process without a Will
If a loved one has passed away without a will, the laws of intestacy will govern how their estate is handled. The closest kin can apply to the Register of Wills to be designated as the administrator of the estate. They will also be granted a short certificate has proof of their authority to handle […]