How Do Civil and Criminal Litigation Differ?

The difference between civil and criminal litigation is the type of matter at hand. Civil cases comprise of domestic matters, or disagreements between private persons, and can involve either indivi...

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WHAT RIGHTS DOES A FATHER HAVE AS THE RESULT OF HIS NAME BEING LISTED ON A CHILD'S BIRTH CERTIFICATE?

If the parents are married, the presumption is that they have equal rights.  If the parents are not married, the only presumption is that the Mother is the “natural guardian” of th...

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IF I FIND OUT THAT A CHILD I AM PAYING CHILD SUPPORT FOR IS NOT MY BIOLOGICAL CHILD, IS THERE ANY REMEDY TO STOP THE SUPPORT?

If the parents named on the Birth Certificate were married at the time of birth, there is an assumption that they are the biological parents of the child.  However, if it is discovered later t...

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WHEN AND WHY WILL A COURT ORDER THE APPOINTMENT OF A GUARDIAN AD LITEM?

The Guardian Ad Litem is appointed either by the court’s own initiative, by motion filed by one parent, or by a stipulation of both parents.  In family cases, there do not have to be any...

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WHAT DOES A GUARDIAN AD LITEM DO?

The GAL investigates and evaluates the circumstances of the children and the parents for purposes of recommending to the Court the “best interests of the child”.  The GAL has broad...

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DOES THE NEW TAX LAW AFFECT MY CHILD SUPPORT?

The answer is maybe.  Essentially the new tax law, which took effect January 1, 2018, eliminates the child dependent exemption.  However, the standard deduction has been increased signifi...

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DOES THE NEW TAX LAW AFFECT ALIMONY?

If there is already an existing alimony order, the new tax law will have no direct effect.  However, starting January 1, 1019, alimony will not be tax deductible for the payor, nor taxable for...

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LEGAL NOTICE: Daniel J. Freyberg is Retired from Litigation.