How To Impute Income To Unemployed Party

Question: Recently, the court determined that my ex-wife is underemployed and imputed her previous income to her for a child support modification motion she had entered. Now, I have moved, changed jobs, and am attempting to modify the child support between myself and my ex-wife independently. What should I use …

Does My Spouse Have A Claim To Property I Gifted?

Question: I gifted real estate property to my parents during my marriage, and the title of the property is in my father’s name. Would my spouse be able to claim half of this gifted property during our divorce?

Who Is Liable For A Marital Debt If The Decree Did Not Address?

Question: My ex-wife and I broke our apartment lease when we separated and owe several thousand dollars to the property manager that should be treated as a marital debt. Our divorce decree did not address this debt, and now the collections company is coming after me to satisfy this obligation. …

Helping Children Through a Divorce

While divorce causes great upheaval in the lives of the two people who are separating, it is also imperative to remember what kind of trauma it can be be to young children. Whether your divorce is taking place in New York or Los Angeles, you’ll find that some factors remain …

Do I Have A Say In Who Watches Our Children During My Ex’s Parenting Time?

Question: During my ex-wife’s parenting time, she often has her elderly parents look after our small children in lieu of daycare. I’m fine with her using family members to provide child care, but I have concerns over my children’s safety while with their grandparents, who are unhealthy and too old …

Do Temporary Divorce Orders Have An End Date?

Question: How long does a temporary order of alimony remain in effect? The temporary order we have been following has been in place for well over a year while we await trial for our divorce.

Can A Party Waive Their Right To Claim Property?

Question: Being retired military and receiving a military pension, is there any way that my wife could waive her claim on my retirement or any other property? Or is the state going to divide my property, namely my military pension, regardless?

Wife Asking For More Support Than Temporary Order Awarded

Question: My wife’s divorce lawyer sent me a copy of the proposed final divorce decree that has me paying significantly more child support than I currently am paying as required by our temporary orders. If approved, that amount of child support would create a financial hardship and prevent me from …

Is A House Purchased With No Commingled Assets Considered Separate Property?

Question: I owned half of my house prior to marriage and the other half of the house was transferred to me as a gift after my marriage, so the house is fully paid off with no contributions from my soon-to-be-ex-wife. No marital funds were used for anything involving the purchase …

Modifying Child Custody Based On Teenager’s Preference

Question: My 14-year-old daughter has expressed interest in modifying custody to live with me full-time because of repeated arguments she gets in with my ex-wife over an abortion my daughter had. My ex-wife keeps telling my child she will not allow her to come live with me. Does this warrant …