A Poetic Primer on Family Law
By Charles Goldstein
Family law is an area which is multifaceted and life changing,
A topic of curiosity for those not engaging.
Custody is a term being made partly obsolete,
Not impacting child support, custody “battles” less often entreat.
Modification of custody is not easy to seek,
requiring endangerment or other factors, such as ‘parental alienation speak.’
Interference with parenting time works in extreme situations,
Including one recent case, discussing obstructed vacations.
(Requesting endorsement of the factual status quo, is usually the easiest evidence to show.)
Child support has been overhauled,
Using both incomes and parenting time in the calculation,
Joining other ‘progressive’ states throughout the nation.
Life insurance and children’s exemptions are in the Court’s discretion,
With rationales in support of whichever election.
Spousal maintenance is awarded based on numerous factors,
Taking into account no bad actions or actors.
Age, health, and lost opportunities are debated,
But budgetary need and payor’s wherewithal are foremost slated.
Income from assets sometimes bears mention,
But not some assets divided, e.g. a pension.
Support modifications are allowed by Courts,
With substantial changes of circumstances of unfair sorts.
Property is divided in an “equitable” way,
Fairness subjective, the participants each to have their say.
Non-marital property is what’s pre-owned, gifted, or bequested,
But when agreement is not present, proof is requested.
The claimant has the burden of production and proof,
Otherwise, the Court divides everything under the roof.
Unless fraud has occurred, property divisions are final and binding,
Though decreased valuations leave many teeth grinding.
To divide family business interests, we often reference ‘Nardini,’
Though many cases are now settled in FENE
(Financial Early Neutral Evaluation- a court-created evaluation creation).
Debts are divided by equity and ability to pay,
But Divorce Court cannot keep third party creditors at bay.
Health insurance is determined by comparable coverage and costs,
But give COBRA notice or coverage can be lost.
In certain situations an ex-spouse can be insured under §62A.21,
For companies under State jurisdiction, a helpful provision not to shun.
Attorney fees are not often awarded,
Causing some frivolous litigation and justice distorted.
Even when granted, not always enforced,
Making costs of pursuing them, just occasionally endorsed.
Domestic abuse threatens emotional or physical hurt,
But seeking up to two plus years’ protection, can make the threat now inert.
Don’t try this at home, it’s not as easy as it sounds,
Enumerable complications abound.
It’s an art and a science and non-stop evolving,
But is a satisfying area of problem solving.
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