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December 2017 Archives

Does Moving Out of the Marital Home Mean You Are Abandoning the Home?

In short, the answer to this often answered question is no. When a relationship gets to the point of divorce, there are many reasons one of the parties considers moving out of the marital home. Certainly, if you decide to file for divorce or your spouse files for divorce (and serves you), you have every right to live in the marital home throughout the divorce process (2 month minimum without children and 6 month minimum with children-topic for another blog). However, if the living situation is simply unbearable, you may consider moving out since you're going to be living separately anyway in a matter of months. Of course, if you plan to try and keep the marital home following the divorce, it doesn't make sense for you to move out.

You've decided to file for divorce - now what?

Divorce creates profound stress and emotion, and often precipitates other changes in your life. The outcome of your case can affect you and your family for many years to come. For these reasons, it is essential to find attorneys that adequately represent your interests and make the divorce process as smooth as possible. Unlike other firms that generate frivolous charges, and drag out the court process for their own financial benefit, Serafini, Michalowski, Derkacz & Associates focuses on the most cost-effective approach, so that this difficult time does not cause unnecessary financial stress.

Getting divorced? Don't forget to change your estate plan.

If you are in the process of obtaining a divorce, you are probably focused on getting on with your life. However, you also need to spend some time thinking about the important documents governing your death.It is important to update all of your estate planning documents during or after your divorce. These documents include: your trust, will, and powers of attorney.

Divorce Statistics

Highest/Lowest Divorce Rate by State:
The State with the highest divorce rate is Nevada, with 14.7% of marriages ending in divorce.
New Jersey, on the other hand, has the lowest divorce rate, at only 9.1%.

Holiday Parenting Time

It is important to comply with your parenting time order at all times. Please keep in mind that holiday parenting time differs from your regularly scheduled parenting time. Holiday parenting time will "trump" your regular parenting time schedule.

Child Support FAQ's

Child support is based upon a formula that takes into consideration the incomes of both parties, the amount of overnights the payor has with the child, health care costs, child care costs, and tax exemptions.

Child Support Modification - Deviation

In Rolley v. Rolley, an Indiana Court was faced with the issue of child support modification, when the parties had deviated from the child support guidelines. When Father and Mother divorced, they reached an agreement regarding child support that substantially deviated from what would be ordered by applying the Indiana Child Support Guidelines. Later, Mother petitioned to modify Father's child support obligation. The trial court granted the motion and modified Father's support requirements. Father appealed, arguing that agreed child support terms cannot be modified absent a substantial and continuing change in circumstances that renders those terms unreasonable. The Court of Appeals affirmed. The Supreme Court granted transfer, adopted the portion of the Court of Appeals' opinion that addresses the available grounds for modification, and summarily affirmed the portion of the Court of Appeals' opinion addressing the trial court's calculation of Father's support obligation. Thus, the Court determined that the standard for modification was not only a substantial and continuing change, but also the timing and amount of the deviation.

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