Husbands and wives in the military who divorce will be making decisions about what happens to the service member’s retirement pay. Under the Uniform Services Former Spouses’ Protection Act, military retirement pay is marital property that can be divided as an asset by state courts. One aspect that shouldn’t be overlooked in any agreement is...
In the ever-evolving world of social media legal rulings, the Second District Court of Appeals has issued a ruling about Facebook posts and their role in charges of cyberstalking. Under the cyberstalking statute, “[c]yberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by...
If a vocational evaluator is being used in your divorce case to determine the earning capacity of you, your spouse, or both of you, what exactly does that mean? First, keep in mind that there are three types of income considered by a vocational evaluator: (1) an individual’s current earnings, (2) their expected earnings, and...
Earning capacity of a spouse is often a key issue in divorces where child or spousal support is sought. Earning capacity generally means what a spouse can realistically be expected to earn. Sometimes the earning capacity of both spouses may need to be determined, for example, when one spouse hasn’t worked in many years and...
A vocational expert can be a valuable resource in some divorce cases. If the employability and/or earning capacity of your spouse is an important issue in your divorce, you can ask the court to order a vocational expert to evaluate your spouse and give testimony at your final hearing. A vocational expert’s evaluation of your...
Divorce and post-judgment cases can involve complex issues that are beyond the expertise of even the most experienced family law attorney. Taxes, estate-planning, trusts, business valuations, vocational assessments, medical issues of a spouse or child, parental responsibility and timesharing, and financial planning needs are just a few of the areas that may call for the hiring...
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