What You Might Not Know about Restraining Orders (And, Should!)

Sam Stoia - Friday, March 02, 2018
You’re confident that the judge will grant you a final restraining order (FRO). After all, you meet all the qualifications as an ex-husband threatened by his former wife. A temporary restraining order (TRO) is already in place because the police went to the municipal judge on your behalf. You’ll be glad to be under the protection of the court. As it stands, the fact that there is a TRO does say somethin ..

The Real Truth about Recovering Money After a Broken Relationship

Sam Stoia - Tuesday, February 27, 2018
In some ways, it was love at first sight. The two of you met at a local restaurant. Before you knew it, your romance was hot and heavy. Within a few weeks, you moved in together. You added him to your cell phone bill as your plan was cheaper. In fact, you even loaned him money. However, things happened too fast, and you now find yourself in a broken relationship. What are the odds that you’ll recover some of ..

When Your Children's Best Interests is a 50/50 Parenting Plan

Sam Stoia - Monday, February 26, 2018
There was once a time that parents stayed together for the sake of the children. For some, there was a presumption that mothers would be awarded custody. As a result, a great many fathers expressed concern that they would never see their kids unless the family unit remained intact. Fortunately, times have changed. In fact, many courts are ordering 50/50 parenting plans. The idea is to foster environments that are in y ..

Proving Cohabitation? It's Not Really as Easy as You Think

Sam Stoia - Tuesday, February 20, 2018
You divorced only a couple of years ago. At the time, you and your husband came to an agreement about alimony payments. Later, the judge included the terms when he granted your divorce. Spousal support was set for an end date, which would terminate earlier if your ex had a lover move in with him. However, you were also warned. You needed to prove cohabitation in order to achieve early relief from support obligations.  ..

Business Valuation in a Divorce: No Magic Formula

Sam Stoia - Wednesday, February 14, 2018
There’s a chance that you’ve delayed your divorce for financial reasons. After all, you’ve owned a company for many years. As far as you’re concerned, your ex-doesn’t deserve a share at all. Unfortunately, your opinion matters little. When it comes to determining equitable distribution (https://www.law.cornell.edu/wex/equitable_distribution), your business is considered a marital asset.  ..

Custody or Parenting Time Interference: What You Need to Know

Sam Stoia - Monday, February 12, 2018
To put it bluntly, no one wants to face criminal charges. However, interference with custody or parenting time makes it a possibility. That’s not to say there aren’t situations when denying visitation seems critical. The same can be said about the decision not to return a child to the custodial parent. While it’s true that some parents have informal agreements as far as custody and parenting times,  ..

Child Support Adjustments: What You Should Know

Sam Stoia - Thursday, February 08, 2018
An intimate relationship that establishes parenthood does many things. For most, it creates a degree of permanent bond between the couple. Like it or not, parents find themselves interacting even when their personal relationships go sour. At the very least, visitation and support can be concerns. This may mean at least preliminary court appearances. So, what happens when child support adjustments seem in order? Ch ..

Failure to Pay Child Support: Does It Stop Visitation?

Sam Stoia - Wednesday, January 31, 2018
Just about every family law attorney (http://www.stoialaw.com/) can share a similar rendition of an office consultation. It doesn’t matter if the parents were ever married. More often than not, it’s the mother who asserts her position. She’s decided that she doesn’t want child support from the baby’s father. As far as she’s concerned, that means the dad won’t have visitation r ..

Tax Reform and Your Divorce: Should You Be Worried?

Sam Stoia - Monday, January 29, 2018
It’s already January 2018, and a number of divorce complaints are already in the works. You should know that it’s not exactly an anomaly. Truth be told, January holds the record (http://www.stoialaw.com/stoialawblog/why-do-more-people-file-for-divorce-in-january) for the greatest number of divorces filed year after year. Without question, 2018 will not be the exception. In this case, it may be that tax refo ..

How to Deal With Your Estranged Spouse’s Foreign Assets

Sam Stoia - Tuesday, December 05, 2017
You have filed for divorce (http://www.stoialaw.com/divorce). Your wife is from Belgium and when you married, she owned property there. But during the marriage, you have been jointly paying expenses for the property. Is this a marital asset? Are you entitled to assert a claim for foreign assets as a part of your divorce? Whether Property is Matrimonial Property Many times in divorce cases, it is unclear wha ..