What does it mean to be in arrears, and what can happen if you are? – The term arrearages, or arrears, refers to something that is unpaid or overdue. That term gets thrown around a lot in the legal world. Particularly in cases where one party owes an outstanding debt to another. A perfect example of…
ADRs – Revisited – We’ve spent time in recent posts discussing suits for child support, including what it means to be obligated to pay child support, how child-support payments are calculated, and the need for the court, in some instances, to enforce these orders. But as we’ve already learned, many legal disputes can be settled outside…
Legal Motion Defined – If you are involved in a family law proceeding and want the court to act on anything that is not already part of the case, you must file a motion. These are formal requests by the defendant, plaintiff, or a lawyer asking the judge to rule on or make an order on…
What is Burden of Proof? A legal term that gets thrown around quite a bit is Burden of Proof, and for good reason. After all, it is the measure or amount of proof that a person must produce in proving their claims in a court of law. Merriam-Webster’s legal definition of Burden of Proof is “the…
Summary of Common Family Law Terms (Vol. IX) When you have a legal question, it is extremely important that you have an attorney by your side who has the legal and practical experience to answer it. At Nelson Law Group PC, we believe in educating our clients, which is why we added a weekly blog…
Contempt of Court – Defined We’ve all seen and heard the phrase “Contempt of Court,” whether you have been involved in various court proceedings or you simply watch a lot of television. One of my favorite instances of contempt was in the movie My Cousin Vinny, where Joe Pesci’s lawyer character was hilariously held in…
How Military Duty Affects Modifying Possession Orders – There are situations that arise when a parent or conservator who does not have the right to determine a child’s primary residence is called away for military duty. You can imagine this puts the conservator between a rock and hard place. They already have zero say so in…
Examples of Material & Substantial Change to modify orders – As part of our ongoing discussion on suits to modify child support orders, we will now dive deeper into a term called “material and substantial change” and the circumstances courts have determined fall under that umbrella. When we say material and substantial change, we are referring…
Modification of Existing Orders Part II – Jurisdiction – As we learned in last week’s blog, life is fluid. Circumstances in the life of your child, your ex-spouse, or your life are bound to change after a divorce. And when they do, modification suits play a pivotal role in adapting pre-existing court orders to your…
Modify Custody Child Support – What are Suits to Modify Custody or Child Support? – Modifications are a request to change the terms of an original court-ordered custody, visitation, or support agreement. There are a variety of reasons to seek a modification, including the need to accommodate scheduling conflicts, illnesses, and other circumstances. But the…