Family, Divorce & Domestic Matters
Browse published legal information questions related to Family, Divorce & Domestic Matters.
Can child support be taken from disability benefits?
In general, child support may sometimes be taken from disability benefits, but the answer depends on the type of disability benefit and the facts of the case. In Utah, as in many states, the key issue is often whether th...
Can I ask the court to order my spouse to return personal items and family photos?
In Utah, you can usually ask a court to help with the return of personal items and family photos, but what the court can do depends on the type of case, the facts, and whether the items are treated as marital property, s...
How do I handle equitable distribution when we own property in two states?
When spouses own property in two states, equitable distribution can become more complicated because the divorce court may need to identify, value, and divide assets that are located outside Vermont as well as assets loca...
Do I have to split rental property that I owned before marriage?
In general, rental property that you owned before marriage may start out as separate property in an Oregon divorce. That means the property itself is not always split just because you are getting divorced. But the answer...
How do I revoke a prenuptial agreement after we are married?
In general, a prenuptial agreement does not have to last forever. After marriage, spouses may sometimes revoke or replace it if both agree and the change is made in a legally proper way. In Vermont, the specific rules ca...
Do I have to get consent before recording a mediation session about a consumer dispute in California?
In California, the safest general answer is usually yes: you should assume you need clear consent before recording a mediation session, especially if the session is confidential or involves private dispute-resolution com...
What are my rights if I was never served with the child support case paperwork?
If you were never properly served with child support case paperwork, you may have important due process concerns. In general, service of process is the formal way the court gives notice of a case and tells a person how t...
Is it legal for a prenup to limit spousal support to $1,000 a month for two years?
In South Dakota, a prenuptial agreement may be able to limit or waive spousal support, but that is not automatic. Whether a specific limit like $1,000 per month for two years will be enforceable usually depends on the ag...
What are my rights if my ex claims daycare costs doubled but will not show receipts?
If your ex says daycare costs have doubled but will not show receipts, you usually have the right to ask for documentation and to question whether the amount being requested is accurate, necessary, and related to the chi...
How do I divide a pension that was earned partly before and partly during marriage?
In Minnesota, a pension that was earned partly before marriage and partly during marriage is usually treated as a mix of nonmarital and marital property. In general, the portion earned before the marriage may be consider...
How do I prove an inheritance should not be divided in equitable distribution?
In Georgia, the basic question is usually whether the inherited property can be traced as separate property rather than marital property. In general, an inheritance received by one spouse may stay that spouse’s separate...
What happens if my ex moved to another state and stopped paying court ordered support?
If your ex moved to another state and stopped paying court-ordered support, the support order usually does not disappear just because the other parent crossed state lines. In general, a Michigan support order may still b...
What are my rights if my child was injured at daycare because staff were not watching?
If a child is injured at daycare because staff were not watching, the parents or guardians may have several possible legal and practical rights, depending on what happened and what Alabama law applies. In general, a dayc...
Can I sue my landlord if I found a hidden camera inside my bedroom smoke detector?
If you found a hidden camera inside a smoke detector in your bedroom, that can raise very serious privacy and safety concerns. In California, a landlord generally is not allowed to secretly record a tenant in a private a...
Is it legal for the court to count overtime when calculating child support?
In Nevada, overtime may be included when a court calculates child support, but it is not automatic in every case. Courts usually look at the parent’s income as a whole and may consider overtime if it is regular, dependab...