This one has me thinking. I hope it gets you thinking, too. If we really want families in America to succeed, what policies should we be setting? Continue reading “Who is Supporting Family Values?”
Author: Lee Borden
Alabama Relocation: The Law Means What It Says
Alabama’s relocation act has moved the state to one end of the spectrum on forcing parents to stay close to each other. The Alabama Court of Civil Appeals has said you can’t go beyond it out of a desire to elevate substance over form. Continue reading “Alabama Relocation: The Law Means What It Says”
Awarding Military Retirement Benefits in Divorce in Alabama
The Alabama Court of Civil Appeals has used an unusual inference to sustain a division of military retirement plans in an Alabama divorce. Continue reading “Awarding Military Retirement Benefits in Divorce in Alabama”
Can I Sue the “Other Woman” or “Other Man”?
CNN published its contribution last month to the continuing mythology surrounding the tort called “alienation of affection,” filing a lawsuit against that interloper who seduced your spouse and ruined your marriage. Continue reading “Can I Sue the “Other Woman” or “Other Man”?”
What Part of “You’re Wrong” Don’t You Understand?
It’s rare to see a trial court try to overcome an appeals court ruling by sheer bull-headedness, but it’s fun to see in a guilty pleasure kind of way, don’t you think? Continue reading “What Part of “You’re Wrong” Don’t You Understand?”
When Mom Lives in Two Places
We now can state with certainty: a substantial change in residence of a custodial parent is a material change in circumstances. Continue reading “When Mom Lives in Two Places”
Anybody Got Any Facts To Back This Up?
Alabama family law judges know they have to base their rulings on some kind of factual evidence. This case clarifies how the process works. Continue reading “Anybody Got Any Facts To Back This Up?”
High Divorce Rate for Military Women
It’s not the headline in this brief story from the NY Times, but it should be. Women serving in the military divorce at a rate of about 7.7% per year, while the rate for military men is about 3%. Continue reading “High Divorce Rate for Military Women”
Voluntary Underemployment Roadmap
We’re going to see more cases like this, where formerly successful entrepreneurs and wage earners claim a significant drop in their income makes it impossible for them to pay the child support the court had previously ordered, and where the recipient argues they really could be earning more. Continue reading “Voluntary Underemployment Roadmap”
Appeals Court Reverses Preservation of Parental Rights
Keep your eyes peeled; you may see this case again soon on appeal. Continue reading “Appeals Court Reverses Preservation of Parental Rights”
Recession-Racked Married Couples Delaying Divorce
Divorce lawyers are buzzing about a story in last week’s Washington Times about a drop in the rate of new divorce filings in the U.S. coinciding with the recession. Anecdotally, my practice certainly seems consistent with this trend. Continue reading “Recession-Racked Married Couples Delaying Divorce”
Sick Women Six Times More Likely To Divorce
A married woman diagnosed with a life-threatening illness is six times more likely to divorce than a man in the same position. How’s that for a headline? Continue reading “Sick Women Six Times More Likely To Divorce”
A Divorce Lawyer Contemplates the Divorce Fair
I’ve spent a lot of time around divorce and people going through it. But I have to admit this is a new one even for me. Thousands of Parisians took part in a “Divorce Fair” last Sunday. Continue reading “A Divorce Lawyer Contemplates the Divorce Fair”
A Pointless Appeal?
Mom has won her appeal, but I can’t for the life of me figure out what she accomplished by filing it. Continue reading “A Pointless Appeal?”
Much Ado About an Alabama Supreme Court Case
The media can’t get enough of talking about this case, but I’m not sure it has much practical impact. Continue reading “Much Ado About an Alabama Supreme Court Case”
Appealing So You Get Less Child Support
Mom, I guess you knew the risk you were taking when you filed to appeal your divorce case. Sure hope you did. If not, you probably need to have a heart-to-heart with your lawyer. Continue reading “Appealing So You Get Less Child Support”
Score One for Ore Tenus
The Alabama Supreme Court has dressed down the Alabama Court of Civil Appeals in a custody case for reversing a trial court ruling without good reason. It’s about time. Continue reading “Score One for Ore Tenus”
You Didn’t Say “Mother May I”!
What does it take to get a family law ruling affirmed around here these days? Here’s a hint: if you’re a judge changing primary child custody in Alabama, you better say the word “McLendon.” Continue reading “You Didn’t Say “Mother May I”!”
Don’t Want to Pay Support for Adult Children? You Gotta File with the Court
Poor Mr. Hartley. Four years ago he reduced his child support when his oldest child reached age 19. Shoulda gone to court. Shoulda gone to court. Continue reading “Don’t Want to Pay Support for Adult Children? You Gotta File with the Court”
Relocation: Giving Mom a Chance to Be Heard
Alabama’s relocation statute makes a rebuttable presumption that taking a child with you when you move is not in the child’s best interest. But the trial court has to give the relocating parent a chance to rebut the presumption. Continue reading “Relocation: Giving Mom a Chance to Be Heard”