We've all seen too many courtroom dramas where just in the nick of time that critical piece of evidence is dramatically thrust into the hands of the defendant or waived around in front of the jury. Even attorneys sometimes fantasize about having those moments but litigation is normally pretty mundane. Parties and their attorneys would love to have that "smoking gun" evidence to hammer the other side with, but getting it may cost more than its worth.
If you are paying or receiving alimony (or spousal support) that amount may not be set in stone. Either as part of an agreement between the divorcing spouses the two may agree that alimony payments reduce or cease over a period of time. That also may be part of a court order where the issue of alimony is decided by the judge.
A presumption of paternity arises where a child is born into an intact marriage. In that circumstance, absent clear and convincing evidence to the contrary, the husband will be deemed to be the father. However, it may be a scenario where the biological father is not the husband.
Many clients going through family law matters will have questions regarding how they can/should file their taxes as well as what tax consequences may arise in their situation. Child support is not taxable for either party. This means it is not deductible from the party paying child support or taxed as income to the party receiving it. On the other hand, alimony, support paid to a spouse, is deductible from the party paying alimony and taxed as income to the party receiving it. Mortgage interest can be claimed by only one party if there is a shared residence or split between the parties in proportion to their contribution towards the payments. Splitting mortgage interest would require a statement of explanation to be filed along with the return.
Divorce can bring about many changes and a common one is moving homes. Moving can be stressful for everyone in your family, especially your kids. They may not understand why you need to move. They may focus on the loss of friends, their school and the fact they may not see extended family members nearly as often. Counselingchildren.net has some suggestions for actions you can take to make the transition to a new home easier for your child.