Author: sscott

ELECTRONIC MEDIA: WHAT CAN I LOOK AT WHEN I’M GOING THROUGH MY DIVORCE?

Divorce presents a very foreign world to many when it comes to what they can and can’t look at and use.  When someone is married, they may assume they have a right to look at anything their spouse receives and to check into anything their spouse does.  While those ground rules may work during a marriage, assuming the same thing to be true during a divorce is fraught with peril. FEDERAL LAW APPLIES Most people going through a divorce would never imagine that a federal law designed to catch criminals who secretively snoop on others and take their data may apply to them, but it could. There are a whole set of federal laws which were not written with divorce in mind, but which may apply to divorce.  One is wire-tapping. When someone hears the word wire-tapping they may think about the federal government tapping into a phone communication between a drug kingpin and others.  But the way the law is written is not limited to this situation. Wire-tapping involves any person recording a communication between two others.  State laws vary on this.  Some states allow one person to a phone call to record it.  This means if you are calling someone or someone is calling you, either of you may record the phone call, without getting permission from the other. Under the federal wire-tapping law, however, no one...

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MUST I STILL PAY MORE AFTER I’M DIVORCED?

Divorce can be very draining, emotionally. It is oftentimes draining financially as well. But sometimes the end of the marriage does not create certainty as to how much the obligor spouse may end up paying to a spouse who is financially disadvantaged or who is the primary caregiver for the parties’ children. ALIMONY Different state’s laws vary on alimony.  But just because a certain amount of alimony has been ordered for a time certain at the time of divorce does not necessarily mean that alimony payment is set in stone.  Some alimony is modifiable while some is not.  Simply because a spouse is divorced and there is an order requiring that spouse to pay alimony, does not mean that is the only alimony that one spouse may owe or the other spouse may receive.  Under certain circumstances, alimony may be modified.  Whether alimony is modifiable or not depends on the applicable law of the involved state.  But knowing whether alimony is modifiable or not is critical in terms of future ability to receive it or obligation to pay it. CHILD SUPPORT Child support may be modified.  As a general rule the parent who spends most of the time with a child or children after a divorce is entitled to receive child support from the other parent. The amount of child support is determined by using a Child Support Worksheet. ...

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The DW Family Law Blog Blog is published by Dickinson Wright PLLC to inform the public of important developments within the firm and practice areas. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered in this blog.

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