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14th September 2009
Texas Funeral Homes:
Occasionally we are going to go back to the ongoing series to illustrate decisions made by individuals with funeral homes, cemeteries and crematories that engage in activities that seem to be so outrageous or just stupid that other... Read >
Author: Headflood08th August 2009
Copyright (c) 2009 Lucille Uttermohlen
If you end up in court over your divorce, the judge will decide the issues you and your spouse are still disputing. If you are unhappy with the decree, you may be able to "appeal" the court's order. If you are c... Read >
Author: Lucille P. Uttermohlen08th July 2009
If you end up in court over your divorce, the judge will decide the issues you and your spouse are still disputing. If you are unhappy with the decree, you may be able to "appeal" the court's order. If you are considering an appeal, there are a few thin... Read >
23rd June 2009
Copyright © 2009 Chip Cooper
Does your website incorporate a blog, forum, or listserv -- where users may post text or files? If so, are you liable if your users post defamatory materials about someone else?
In 1996, Section 230 of the Communication... Read >
Author: Chip Cooper13th May 2009
CALIFORNIA -- A 2007 appellate divorce case has brought recent light to the subject of full financial disclosure in California divorce law.
In In re Marriage of Feldman, a businessman did not disclose certain assets and financial transactions to his wif... Read >
Author: Josh D. Simon26th April 2009
Ted Theodore Sumner is an accredited Oregon State attorney by both my standards as well as popular attorney rating site and databse Martindale Hubbell. One of many of Ted Theodore Sumners’ areas of practice is appeals. As an appeals attorney, Ted Sumner... Read >
Author: chaoticconformity04th April 2009
All 50 states in America, as well as the federal government provide us to access criminal records for some purposes. Criminal records are valuable in any situation especially when dealing with job application. In the state of Arizona, citizens need to acc... Read >
Author: GKvinta17th March 2009
In a home insurance case that has become known as ‘the missing insurance refunds,’ Farmers Insurance, which is one of Texas biggest insurers has fallen upon hard times.
Back in the autumn of 2002, the company and state regulators agreed to resolve ... Read >
Author: catherine02nd February 2009
If a lawsuit has been filed to recover financial compensation for the child's injuries, that child may be called to testify in court. However, most cases involving children never go to court. So the chances that a child will be forced to testify in cour... Read >
Author: Christopher M Davis, Attorney At Law16th January 2009
Parents commonly face this dilemma: your child wants to participate in some activity which requires an admission fee and the parent to sign a release of liability. Should you do it? Are such releases valid in Florida?
A recent decision by the Florida... Read >
02nd December 2008
Declaring bankruptcy, especially in these economically relentless times, may seem like the quick fix to any financial burden one is dealing with. However, like most easy solutions, the consequences eventually resurface and can cause even more troubles. ... Read >
Author: dexter02nd December 2008
Declaring bankruptcy, especially in these economically relentless times, may seem like the quick fix to any financial burden one is dealing with. However, like most easy solutions, the consequences eventually resurface and can cause even more troubles. ... Read >
Author: dexter03rd September 2008
New York City is home to one of the biggest, busiest legal communities in the world. Millions of attorneys practice their trade on the island of Manhattan, with thousands more graduating from law school each year and joining their ranks. But behind these... Read >
Author: Mark Etinger13th August 2008
The California Supreme Court, in Simmons v. Ghaderi (July 21, 2008), has hammered in the last nail and has made confidentiality of mediation proceedings iron clad. The court held that there can be NO implied waiver of mediation confidentiality. An oral... Read >
Author: Elizabeth Moreno04th July 2008
In law, an appeal is a process for requesting a formal change to an official decision An appeal as of right is one that is guaranteed by statute or some underlying constitutional or legal principle.
The appellate court cannot refuse to listen to the appe... Read >
Author: Christine Layug22nd May 2008
In law, an appeal is when legal representation officially asks a higher court to reverse the decision of a trial court after a judgment or other legal ruling has already been finalized.
The specific procedures for appealing, including even whether there ... Read >
Author: Christine Layug25th April 2008
A party who has been forced to resort to the judicial process to secure compliance with the terms of an order or judgment is entitled to her reasonable attorney fees even absent a showing of inability to pay.
The trial court has no discretion as to whe... Read >
Author: David Siegel07th April 2008
It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless of the source, the power must be exercised while... Read >
Author: David Siegel03rd April 2008
A case that is currently before the Supreme Court is set to possibly establish a new precedent in the making of laws relating to the 2nd Amendment. The case, District of Columbia v. Heller, is examining a law that has been in effect in Washington, D.C. s... Read >
Author: Roxanne Davenport03rd April 2008
The award of attorney fees and the amount to be paid by the parties is within the discretion of the trial court and will not be disturbed absent a clear showing of an abuse of discretion. An award of attorney fees in an Illinois divorce proceeding is ordi... Read >
Author: David Siegel02nd April 2008
The above principals cannot be applied in a rigid or mechanical fashion but require the trial court to exercise discretion. In re Tatham. The standards applicable to determining jurisdiction cannot be applied in a mechanical fashion, but require the exe... Read >
Author: David Siegel29th March 2008
The following items have been handed down by the marital and family law judges. The details of the cases have been summarized for easier statements of the rulings:
Res Judicata
The original decree awarding child support payments are res judicata so... Read >
Author: David Siegel10th March 2008
The trial court is justified in increasing child support if the needs of the child and the earnings of the supporting parent have increased since the judgment granting child support was entered. Where a former spouse's ability to pay child support is show... Read >
Author: David Siegel13th February 2008
Increase Denied
Trial court properly denied petitioner's request for increased child support. Modification of support is required where there is a substantial imbalance between the supporting parent's capabilities and the child's needs. Where there was... Read >
Author: David Siegel11th February 2008
Factors Considered
When setting an amount for modification of child support, the court may consider the same factors used when formulating an original support order; these factors include the standard of living the child would have enjoyed if the marri... Read >
Author: David Siegel08th February 2008
Discretion of Court
Modification of child support payments rests within the sound discretion of the trial court.
Dissolution Judgment
Where respondent husband did not object to the terms of the dissolution judgment imposing support obligations so... Read >
Author: David Siegel06th February 2008
Cost of Living Increase
Evidence presented to the trial court indicated that the cost of supporting a child had substantially increased and that defendant's income had substantially increased so as to enable him to pay this additional amount; in light ... Read >
Author: David Siegel06th February 2008
Change in Circumstances
The uncontroverted evidence was such that the child support order should have been reduced or modified to reflect respondent's financial resources which at best could have been described as limited. In order to justify a decreas... Read >
Author: David Siegel05th February 2008
Where no benefit accrued to the custodial parent by the noncustodial parent's action of reducing the received child support, and it could not be concluded that the payor's actions were the result of apparent or implied authority or that there was a princi... Read >
Author: David Siegel02nd February 2008
Standard
The findings of the trial court in an action to increase support payments will not be reversed unless contrary to the manifest weight of the evidence.
Settlement Agreement
If parties to a marital settlement agreement intend, on dissoluti... Read >
Author: David Siegel01st February 2008
Revestment
The court had authority to modify the distribution of proceeds under the doctrine of revestment; under this doctrine, litigants may revest a court which has general jurisdiction over the matter, with both personal and subject matter jurisdic... Read >
Author: David Siegel28th August 2007
New Jersey Appellate Division Upholds Trial Court’s Refusal to Enforce Provisions of Premarital Agreement
There are relatively few reported decisions in New Jersey that provide guidance with respect to the enforcement of prenuptial agreements. Fo... Read >
Author: Marc Rapaport28th August 2007
TEXAS COURT LISTS FACTORS TO BE CONSIDERED IN DECIDING WHETHER TO GRANT A REQUEST TO CHANGE THE NAME OF A MINOR
By: Marc Rapaport
http://www.TexasNameChange.com
Under Texas law, a court may order the name of a child changed if the court determines ... Read >
Author: Marc Rapaport08th August 2007
No matter how good a case seems, no matter how well a case is presented in court, the outcome of a trial is always a bit unpredictable. Law is a complicated process. There are many points during a trial where a subtle difference in legal application can... Read >
Author: Mckinley Irvin05th July 2006
A. Overview
Recent decisions in both federal and state courts affect custody and access rights of persons who are not the biological parents of children but with whom they have developed relationships. Affected persons include grandparents, stepparent... Read >
Author: Carrie Wilcox21st July 2005
If you have had the misfortune to suffer a personal injury, you will understand just how deeply such an event can change your life. You will probably encounter huge medical bills, and may need ongoing medical care for a long period of time. You may be una... Read >
Author: Jeff Lakie
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