How to Handle Post-Divorce Legal Issues

Even after the divorce decree is finalized, some families have disputes over its execution that need to be settled in Court. As an attorney who has spent many years practicing Family Law, I must stress the importance of consulting an attorney, even post-divorce, if legal conflicts within the family arise.

Another important thing to do when legal conflicts arise is to take your divorce decree outside of its safe place and carefully read it over. Any legal argument you will use in Court will start from there. The New York Supreme Court recently ruled in a case that exemplies this. In this particular case, a father was financially supporting his child by providing for her apartment. The father fell behind on his child support payments. When he was taken to Court for his delinquency, he argued that the financial support he provided outside of his set amount of child support should satisfy his obligations. The Court ruled that his financial support of the apartment was a voluntary payment that the Father had chosen to make and therefore could not be used to satisfy the child support obligation that both parties had agreed to in their divorce decree. The primary reason the Court ruled this way can be found inside the parties divorce stipulation. The stipulation included a "Voluntary Payments" clause that stated that any outside payments made to either party could not be used to satisfy the amount of child support they had agreed on.

Cases like these often generate unnecessary legal fees and hostility for all parties. Furthermore, they can be easily avoided by consulting a Family Law attorney any time you have a question about the specifics of your divorce decree. In this particular case, the "Voluntary Payments" clause prevented the father from applying any outside financial support to his child support payments, but he might not have been aware of the legal implications of such a clause. You should expect your attorney to provided a detailed review and explaination of your entire divorce stipulation. Additionally, I strongly advise all of my clients to keep records and hard copy receipts of each and every payment made to the other party. It is always helpful to have an organized and detailed paper trail in case a legal dispute arises.

Infidelity, Stay at Home Parent, or Financially Vulnerable? Consider a Post-Nupital Agreement!

We've written about pre-nuptial and cohabitation agreements, but do you know that many couples are now opting to draw up post-nuptial agreements? A post-nuptial agreement is a legal agreement between a couple that is made after the marriage has already taken place. Couples chose to sign a post-nup for a wide variety of reasons. One common reason that couples choose post-nuptial agreements because one partner has chosen to be a stay at home parent. If the couple decides that one partner will put his or her career on hold in order to stay at home with the couple's children, they may also decide to place the economic protection of a post-nuptial agreement in place. Parents who chose to stay home with their children often not only miss out on their peak earning years but lose time ordinarily spent climbing the career ladder.

If you or your partner has decided to become a stay at home parent, it's easy to protect yourself financially! Your first step should be to consult an attorney who specializes in Family Law. You should explain the specifics of your family's situation. Your attorney can then draft your family's custom agreement. Families can choose whatever financial arrangement is right for them (within the parameters of Family Law) and map out how their assets and the future of your finances in the event of divorce.

Post-nupital agreements have also become popular options for couples who have experienced infidelity. Depending on personal circumstances, couples can draw up anything from a "infidelity clause" in their post-nupital agreement to a shift of assets into the betrayed spouse's name for his or her financial security.

Post-nupital agreements can protect the entire family's financial future and ease the divorce process if it ever occurred. If you are married and in financially vulnerable position as a result, I strongly recommend you look into drafting a post-nupital agreement.

-Kevin P. McKernan

What You Can Do When Divorcing a Hostile Spouse

Divorce is an emotional process that can cause even the most amicable of spouses to bicker. In fact, it is not uncommon for one or both spouses to "go hostile" and make financial or child related threats during the divorce process. One spouse may make statements such as "I'm going to get the children in court" or "I'll make sure this divorce will bankrupt you." Threats like these don't at all mean that the court will allow them to occur, but they can easily become intimidating and frustrating for the spouse on the reviving end. If you are in the midst of a divorce with a "hostile spouse", there are steps you can take to protect yourself.

Love and Warfare: Who Keeps the Engagement Ring in the Event of a Breakup?

They say love is eternal, but sometimes it just doesn't last. Each year, thousands of engaged couples across the United States decide to end their engagement. After the confusion and chaos of the breakup subsides, the question often becomes "What happens to the engagement ring?". An engagement ring is often representative of many weeks of the future groom's income and therefore a valuable and sought after item by both parties. Lucky, the courts in both New York and New Jersey have made it clear what the law dictates in this difficult situation.

Photo credit to GossipCop.com

What Happens to Lassie After the Divorce? Pets and Custody Agreements

Today more than ever Americans are making sure that they make arrangements for their pets during a divorce. In fact, the American Academy of Matrimonial Lawyers reports they have experienced a 23% increase in the amount of “pet custody” cases. So what happens when both you and your partner want to keep the family dog after the split?

I've handled matrimonial cases my entire career, and I've personally dealt with clients who have disagreed over who will keep the family pet. Here are some tips to keep in mind if you or a family member is going through this difficult situation: