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- Child SupportThe answer depends first on the custody schedule, and then on income. If one parent has primary physical custody (meaning the children live with that parent 70% or more of the overnights each year), then the other parent will pay child support. This is true no matter how much the primary custodial parent earns. But if the parents share custody (meaning the children live with each parent more than 30% of the overnights), then the parent who earns more will generally pay child support.
- Child Custody and VisitationDoug Perkins has an active family law practice, including prenuptial agreements and adoptions, and cases involving divorce, property, child custody and support, and domestic violence.
- Adoption
- Premarital AgreementMany think it morbid or crass to consider a prenuptial agreement, while others recognize the wisdom of, and even the inherent fairness in, protecting and preserving assets which you alone accumulated prior to marriage. Prenuptial agreements are fair and equitable because they ensure that premarital wealth will still be there for you in the event of divorce or, if you stay married, to pass on to your children or heirs from a prior relationship.
- Spousal SupportIncluded in the marital estate, how property is split by percentage, entitlement (or not) to spousal support, and so on. To be enforceable, the touchstones of prenuptial agreements are full disclosure and fairness.
- Business DisputesReal estate transactions and litigation, title insurance and escrow law, homeowners association law, bankruptcy and creditors’ rights
- Real Estate Litigation
- Real Estate Transactions
- Estate PlanningWe all should now know that asset protection, including a solid prenuptial agreement, is an important piece of our investment portfolio as a means of preserving what may be a lifetime of accumulation for your use if you divorce, or if not, for the later use of your heirs. Pairing the right team of financial advisor, CPA and estate planning attorney, with the right documents will help you protect your assets from taxation and from the expensive claims of others including perhaps in the case of divorce.
- Power of AttorneyAs a trial lawyer who specializes in divorce work, I can say with confidence that having a prenuptial agreement is no more morbid, crass or unfair, than having a good will, trust documentation, or power of attorney prepared by an estate planning attorney. Just as there is nothing morbid about planning for one’s inevitable demise, it is also wise to consider that, statistically, at least half of us will experience the divorce courts. Like estate planning, a prenuptial agreement is simply another strategy for smart and fair asset protection.
- Tax Law