The Kirkner Family Law Blog
Resources, Q&A and Updates for Tampa Divorce, Family Law, Military Divorce and Child CustodyPost Decree Modification of Child Support
Post Decree Modification of Child Support Generally, child support is a noncustodial parent's obligation to support a child until he reaches age 18, graduates from high school, or is otherwise emancipated. A child can be emancipated through a statutory process by...
Parental Liability for a Minor’s Torts
A parent may be liable for a minor' s torts. The parent may be found liable if the parent was negligent in their actions. The parent may be liable for an injury inflicted by the minor, if the injury was the natural and probable consequence of the parent' s negligent...
Grounds for Annulment: Mental Incapacity
Annulment is the nullification of marriage, and most states allow it only on very narrow grounds. One such ground is mental incapacity at the time of marriage. The law expects that the parties entering the marriage contract should be able to understand the nature and...
Defenses in Fault-based Divorce: Mental Illness
Divorce statutes in most states consider several defenses in case of fault-based divorce, such as recrimination, condonation, reconciliation, collusion, and connivance. States traditionally have allowed mental illness as a common law affirmative defense in fault-based...
Date of Valuation With Respect to Property Division in Divorce
Date of Valuation With Respect to Property Division in Divorce One important factor in property division in divorce is the date of valuation of the spouses' assets and liabilities for purposes of dividing marital property. The courts must consider the date of...
Retroactive Child Support Awards
Retroactive Child Support Awards In most states, initial child support awards may be made retroactive to the date of filing and modifications may be retroaction to the date a modification is requested. In some states, retroactivity is mandatory, and in others, it is...
