The Lewis Leeper Blog

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    Appeal of supplemental judgment of divorce issuing

    Nelida Gold v. Steven Gold, 11-P-112 The Wife appeals a supplemental judgment of divorce issuing, among other things, child support to be paid to the Husband in the amount of $170 per week and alimony to be paid to the Wife in the amount of $170 per week.  After trial, the judge found that the parties enjoyed an upper middle class station in life as the Wife was a flight attendant and the Husband owned 17% in a family insurance agency.  The Husband has legal and physical custody of the minor child.  However, the Appeals Court determined that the child […]

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    Child Custody order can not favor one parent’s religion

    There’s no question that a child custody order can take the parents’ religion – and the children’s religious education and observance – into account. But a recent case shows that a custody order that goes too far in favor of one parent’s religion might not be okay. In this case, the father wanted to raise his two children as Jews. A custody order allowed him to have the children on all Wednesday evenings and Sunday mornings so they could attend Jewish religious training, and also said that he could have custody on major Jewish holidays, including Passover and all eight […]

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    Mother couldn’t be forced to move to accommodate visitation

    A mother who moved from one state to another can’t be legally required to move back in order to accommodate the father’s visitation rights, a State Court recently decided. The mother had given birth to a child out of wedlock. After the father’s paternity was established through biological testing, he filed a lawsuit seeking custody or visitation. The mother had moved out of state while the case was pending. A judge awarded her custody, but ordered her to return so it would be easier for the father to visit the child. But on appeal, the State Supreme Court said this […]

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    The Dangers of Social Media in Divorce

    A judge ordered a divorcing couple to give each other their passwords to Facebook, eHarmony, and Match.com, and not to delete any information from the sites. While this is a highly unusual step, it shows how increasingly relevant social media and dating websites are to divorce cases…and it’s yet another reminder that people who are contemplating divorce shouldn’t post anything online that they wouldn’t want to be revealed during the divorce proceedings, because they might well be. People who are thinking about divorce should never post anything online that they wouldn’t want to be revealed in court. The husband claimed […]

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    Federal benefits can be divided at divorce

    Federal government benefits – such as from Social Security or the military – have their own rules, and those rules usually trump state law. So sometimes it’s unclear whether a state divorce court can divide up a federal payment. However, in several recent cases, it was determined that federal payments could be split at divorce. ● A military retiree’s health insurance benefits can be split at divorce, a State Court decided. That’s because of a federal law called the Uniformed Services Former Spouse Protection Act. Under that law, military retirement pay can be either individual property or marital property, depending […]

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