First and foremost, what happens if the non-custodial parent misses visitation? Well, the children suffer. Broken promises hurt children. So do erratic schedules (e.g. Mom said she’d pick me up from school and she didn’t). Additionally, and this reason is legally significant, if the non-custodial parent misses visitation, that parent violates a court order. Many…
Judges often award full custody of a child to a mother, especially if the parents aren’t married at the time. Unwed mothers give birth to 40 percent of the children in the United States. The proportion is much higher in some states and in some communities. Shortly after World War II, the Supreme Court ruled…
Despite its disadvantages, legal separation, in one form or another, is an option in over forty states. So, although the disadvantages of legal separation are considerable, it’s obviously a good option in some cases. Additionally, if a state doesn’t allow legal separation, many couples sign separation agreements that may be enforceable in civil court. So,…
Technically, yes. Men can get alimony in all U.S. states. The Fourteenth Amendment gives everyone, men and women, the same legal financial rights. That includes the right to get alimony. But, it’s not that simple. For many years, family courts unabashedly favored women. For example, between the 1880s and 1950s, courts almost always gave mothers…
Yes, alimony is taxable. This principle is well-established, but the rules change frequently. In the early 1970s, when the divorce rate went through the roof, many people avoided paying taxes on alimony by classifying it as a “property settlement.” The IRS quickly closed that loophole, and most states closed it as well. Then, from 1975…
In a word, or actually in two words, alimony is spousal support. Specific laws and guidelines vary in different states. In general, a judge may award alimony if the obligee (person receiving payments) has an economic need, and the obligor (person making payments) has the ability to pay. Spousal support (a/k/a maintenance) is a hot-button…
Legal separation vs divorce is a personal choice, just like marriage vs. cohabitation is a personal choice. No one, least of all a family law attorney, can tell you which choice is “best.” However, an attorney can lay out the pros and cons of each choice, which is what we’ll do in this post. As…
A parent without legal custody has child visitation rights, at least in most cases. That’s the short answer to what rights does a parent without legal custody have? Many parents make bad decisions about their own lives, as well as their childrens’ lives. The judge awards limited or no legal custody (power to make decisions…
The difference between legal custody vs physical custody is simple. Legal custody is the right to make decisions about a child’s health, education, welfare, and other such issues. Physical custody is the child’s physical location (where the child lives). Court orders always designate a primary legal and physical custodian. Usually, the same parent has primary…
Back in the joint custody era, which lasted from about 1970 to 2010, sole legal custody arrangements were rather common. In those days, children “lived with” one parent and “visited” the other parent. So, a sole legal custody order was basically a limited visitation custody order. Beginning around 2010, most states passed co-parenting laws. The…