Factual Scenario: The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court. But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.
What remedies does Husband have?
The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries. There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees. In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry. Another name for the same action is for Husband to … Read More... “Contempt Remedies for Non-Compliance with Court Orders”
Every Sunday I look forward to reading Dayton Psychologist, Gregory Ramey’s article in his Family Wise Column in the Dayton Daily News. A few weeks ago, he wrote a very interesting piece about “the pursuit of happiness” but not from the legal perspective as contemplated by our forefather’s in the Declaration of Independence, but from a psychological viewpoint.
I am constantly scouring the web to find valuable information to post here. I was pleased to recently find an excellent website geared towards children’s issues. 
Recent estimates indicate that possibly more than twenty-five percent of all homeowners are upside-down on their home mortgages, meaning that they owe more on their home loan or loans than the fair market value of the residence. This makes it virtually impossible to sell at a private sale. When a couple goes through a divorce or dissolution and needs to divide the assets including such a home, what are they to do? One answer is to walk away from the house, which will lead to foreclosure litigation and a crippled credit rating. Another possible answer is to complete a “short sale”.
Through the divorce process, children deal with many changes. One of the most significant adjustments children have to make is living in two homes. Even if a child visits one parent for a few hours a week, the child should feel at home there. This helps foster connection with the non-custodial parent and helps the child to recognize that the non-custodial parent didn’t “divorce” him/her. Issues of abandonment and rejection are paramount for children of all ages, although the young ones can’t express it and the older ones either won’t or they “act out.” Creating a sense of belonging in both homes assists the child in making a healthy transition. Many children actually enjoy having two homes because they get special attention; often have two birthday parties and two sets of Christmas or Chanukah gifts.
What is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.” The interview does not involve a camera or a videotape at all! If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present. An Appellate Court in Michigan said it very well years ago . . .
To the surprise of everyone in the estate planning community, Congress failed to address a critical estate and generation-skipping tax matter before the end of 2009, resulting in the repeal of the federal estate tax. However, this repeal is for 2010 only. In 2011, the exclusion for federal estate tax reverts back to $1,000,000. How is this possible, and what effect does it have on couples’ estate plans, particularly second marriages?