Category: Legal Perspective

What Type of Support Can I Expect to Pay for my Adult Special Needs Child?

March 25, 2021 | Child Support, Legal Perspective

Icon for author Megan A. DelVecchio Megan A. DelVecchio

When there are special needs children involved in a divorce, planning is essential to ensure kids with unique needs will have adequate financial support as adults. Child support normally terminates when a child turns 18 or graduates from high school. In cases where a child has special needs, however, child support may continue after the age of 18 by a showing the child has a mental or physical condition that […]

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Chasing Divorce Assets, Part 4

International Tracing

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. ¬†International Tracing Traditional discovery is an essential but incomplete tool when tracing foreign assets and income in connection with a divorce. Divorce lawyers must understand, and explain to clients, that the subpoena power of a U.S. court does […]

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Chasing Divorce Assets, Part 3

Defending and Attacking Prenuptial Agreements

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Defending and Attacking Prenuptial Agreements If the objective of a prenuptial agreement is to define and protect separate property, an effective one must anticipate and address future opportunities for comingling, transmutation, and retitling separate property. For instance, many […]

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Chasing Divorce Assets, Part 2

Distinguishing Separate Property

February 03, 2021 | Equitable Distribution, Legal Perspective, Marital Property

Icon for author Brian Vertz Brian Vertz

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Distinguishing Separate Property In jurisdictions employing a dual classification form of equitable distribution, there is a legal distinction between marital and separate property. Marital property is divided between spouses upon divorce. Separate property is exempt from equitable distribution, […]

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Chasing Divorce Assets, Part 1

Tracing Hidden Assets and Income

  This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Tracing Hidden Assets and Income Initially, asset tracing depends upon the voluntary disclosure of information from each spouse. If spouses suspect that money and property have been diverted from the assets disclosed in financial affidavits and discovery […]

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Is a Prenuptial Agreement Enough to Protect My Assets During Divorce?

December 17, 2020 | Legal Perspective, Prenuptial Agreements, Videos

Icon for author Pollock Begg Pollock Begg

Pittsburgh family law attorney Brian C. Vertz discusses the nuances of prenuptial agreements and property tracing with attorney Kyleigh A. Weinfurtner’s class at Case Western Reserve University School of Law. An artfully drafted prenup can be a valuable tool in protecting assets during a divorce. However, if the prenup doesn’t anticipate specific circumstances of a divorce, property tracing may still be important in distinguishing marital property from separate property.   […]

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