Administrative Order No. 10 probably provides more Arkansas child support law than any other single document. Therefore there’s no better place to start if you have questions about Arkansas child support, how its calculated, what you can deduct, etc. Here’s the link to Administrative Order No. 10… http://courts.state.ar.us/pdf/admin_order10.pdf

Excellent website for information on divorces and military personnel.

Here’s the link… http://usmilitary.about.com/od/familydomestic/United_States_Military_Family_and_Domestic_and_Military_Divorce.htm

A court’s jurisdiction over parents of a child is invoked by the initial pleading filed by a party. This is usually a divorce complaint or paternity petition. The court will make orders that govern the parties regarding custody of the children, visitation, child support, etc. The final order entered governs the parties in their future dealings with each other.

Its important to understand this background when examining the legal consequences of the custodial parent’s death. Arkansas law holds that when the custodial parent dies the court no longer has jurisdiction over the parties. This is so because the court’s primary purpose in the case (ie. to govern the rights and duties of the parties and settle their disputes) is no longer needed. As a result, the final order entered by the court is considered abated upon the death of the custodial parent.

All of this of course means that upon the death of the custodial parent, custody of the children will generally immediately pass to the non-custodial parent. No legal action should be needed by the non-custodial parent to make this effective.

Here’s a link to the most recent case discussing this issue… http://courts.state.ar.us/opinions/2005a/20050427/ca041172.html

People come to my office in various stages of their decision-making process on whether to get divorced. Some have just started thinking about it and want some questions answered. Others have been thinking about it for months or years. Others have decided on all the issues of the divorce, gotten an agreement from their spouse, and are ready for me to just officially finalize the divorce for them.

But knowing if someone is truly ready for the divorce process, or to be divorced for that matter, is an entirely different question. Check out this article which contains 8 questions to ask yourself to help determine if you’re ready.

Here’s the link… http://www.divorcemag.com/articles/Separation_Divorce_Process/legal-ready.html

Hiring an attorney can be about as enjoyable as going to the dentist. Here are some tips to ease the pain:
· Ask those you trust about attorneys they know.
· Make sure the attorney has experience in your type of case. If you are divorcing, do not hire an attorney that only handles personal injury cases, and vice versa.
· Ask the attorney about legal fees and costs of the case. Yes, they are two different things. Fees are what will be paid to the attorney for his time. Costs are expenses for your case – court fees, subpoena fees, court reporter costs for depositions, copies, postage, etc.
· Ask the attorney questions. Does he understand what you want to accomplish? Follow your intuition – if you do not like his answers, then you will probably not like his services.

Arkansas judges will look to Arkansas Code Annotated 9-12-315 when making property division determinations in a divorce. Here’s A.C.A. 9-12-315 in its entirety:

§ 9-12-315. Division of property

(a) At the time a divorce decree is entered:

(1) (A) All marital property shall be distributed one-half (1/2) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration:

(i) The length of the marriage;

(ii) Age, health, and station in life of the parties;

(iii) Occupation of the parties;

(iv) Amount and sources of income;

(v) Vocational skills;

(vi) Employability;

(vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income;

(viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and

(ix) The federal income tax consequences of the court’s division of property.

(B) When property is divided pursuant to the foregoing considerations the court must state its basis and reasons for not dividing the marital property equally between the parties, and the basis and reasons should be recited in the order entered in the matter.

(2) All other property shall be returned to the party who owned it prior to the marriage unless the court shall make some other division that the court deems equitable taking into consideration those factors enumerated in subdivision (a)(1) of this section, in which event the court must state in writing its basis and reasons for not returning the property to the party who owned it at the time of the marriage.

(3) (A) Every such final order or judgment shall designate the specific real and personal property to which each party is entitled.

(B) When it appears from the evidence in the case to the satisfaction of the court that the real estate is not susceptible of the division as provided for in this section without great prejudice to the parties interested, the court shall order a sale of the real estate. The sale shall be made by a commissioner to be appointed by the court for that purpose at public auction to the highest bidder upon the terms and conditions and at the time and place fixed by the court. The proceeds of every such sale, after deducting the cost and expenses of the sale, including the fee allowed the commissioner by the court for his or her services, shall be paid into the court and by the court divided among the parties in proportion to their respective rights in the premises.

(C) The proceedings for enforcing these orders may be by petition of either party specifying the property the other has failed to restore or deliver, upon which the court may proceed to hear and determine the same in a summary manner after ten (10) days’ notice to the opposite party. Such order, judgment, or decree shall be a bar to all claims of dower or curtesy in and to any of the lands or personalty then owned or thereafter acquired by either party.

(4) When stocks, bonds, or other securities issued by a corporation, association, or government entity make up part of the marital property, the court shall designate in its final order or judgment the specific property in securities to which each party is entitled, or after determining the fair market value of the securities, may order and adjudge that the securities be distributed to one (1) party on condition that one-half ( 1/2) the fair market value of the securities in money or other property be set aside and distributed to the other party in lieu of division and distribution of the securities.

(b) For the purpose of this section, “marital property” means all property acquired by either spouse subsequent to the marriage except:

(1) Property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement;

(2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

(3) Property acquired by a spouse after a decree of divorce from bed and board;

(4) Property excluded by valid agreement of the parties;

(5) The increase in value of property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement, or in exchange therefor;

(6) Benefits received or to be received from a workers’ compensation claim, personal injury claim, or social security claim when those benefits are for any degree of permanent disability or future medical expenses; and

(7) Income from property owned prior to the marriage or from property acquired by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement, or in exchange therefor.

(c) The court is not required to address the division of property at the time a divorce decree is entered if either party is involved in a bankruptcy proceeding.

The cases interpreting section 315 are far too numerous to be listed here. But, here are a few major points to remember:

• Generally, marital property is split 50-50. However, keep in mind that the court has the power to make an unequal division of marital property if the circumstances call for it. This would be unusual, but not unheard of. (See Lytle v. Lytle, 266 Ark. 124 (1979); Cavin v. Cavin, 308 Ark. 109 (1992))
• Marital fault is not a factor in division of property.
• Although the presumption is that nonmarital property owned prior to the marriage shall be returned to the party who owned it originally, occasionally nonmarital property may be divided. (See Williford v. Williford, 280 Ark. 71 (1983)). But see Hale v. Hale, 307 Ark. 546 (1992) and Farris v. Farris, 287 Ark. 479 (1985), both holding that nonmarital property acquired during the marriage cannot be divided.
• Marital property may include property acquired after separation, but before divorce is final. This time period is usually after the divorce complaint is filed and before the divorce decree is entered. (See Askins v. Askins, 288 Ark. 333 (1986))

As always, make sure you keep your attorney advised of any and all property interests and when and how they are/were acquired.

If you have been a victim of domestic violence, there are resources available to help you. Here is a link to the Arkansas Coalition Against Domestic Violence. http://www.domesticpeace.com/

A Gulf Coast man says he gave his 15-year-old son powerful prescription drugs because he wanted the boy to know “how to party right.'’

Steven Alfano is now charged with third-degree murder after son Vincent died of an accidental overdose in June.

Witnesses say the 47-year-old Spring Hill man showed his son how to crush and snort pills like the painkiller oxycodone and the heroin substitute methadone.

Alfano was arrested Friday and is being held without bail. Officials did not know if he had a lawyer.

The father initially told police he kept the medications locked away so no one else could get them.

Alfano later told two of Vincent’s friends that he knowingly gave the drugs to his son to teach him to party. The conversation was recorded by police.

Here’s the link to the Orlando Sentinel article…
http://www.orlandosentinel.com/news/local/state/orl-bk-father-son-overdose-080208,0,4143918.story

Thanks to Doug Barics (New York Family Law and Divorce, listed in blogroll) for his post about this article. Great article with several pieces of practical advice for divorcing parties. My favorite is the one Doug highlighted in his blog:

“A feuding couple couldn’t agree how to divide their belongings. So the judge gave the wife the rifles, hunting dog, boat and truck. He gave the husband the armoire, china, quilt collection and silverware.”

Lesson here is be very sure you want the judge to decide these types of issues. If you are willing to compromise on issues such as division of property, you may be much happier in the long run than if the judge divides your property for you.

Here’s the link…. http://www.orlandosentinel.com/services/newspaper/printedition/monday/goodliving/orl-divorce08may26,0,1009600.story

Caveat: Every state’s laws are different. Most of the advice in the article applies across the country, but be careful about assuming the law in one particular case or fact pattern is going to be the same in yours.

Collaborative law is a dispute resolution technique that differs substantially from mediation or arbitration.

In collaborative law, the parties to the dispute and their lawyers work toward a solution together. If the parties are unable to resolve their issues and go to court, the lawyers for the collaboration disengage. If the parties abandon the attempt at collaboration, they must find new counsel.

The following article provides an excellent discussion of collaborative law and whether it will be beneficial for your case…
http://www.abanet.org/media/youraba/200806/article05.html