Reaction-Proofing Your Home Can Give You the Edge in a Custody Case.
Posted June 30th, 2016.
Categories: Custody Tips, Family Law.
Is your home contagious? Are there bugs, bacteria, mites, mold, dander, pollens and allergens in the air, in the cupboards, bathrooms or other nooks and crannies of your house? During the change in seasons, children are particularly susceptible to allergic reactions to these silent “infectors.” If you are a non-custodial parent, you should be especially […]
Read MoreConfirm every communication with an email, not just a phone call.
Posted June 29th, 2016.
Categories: Custody Tips, Family Law.
Let’s assume you have custody of the kids. This weekend, your ex is scheduled to have the children. Pickup is slated for Friday at 6 p.m., and the children are to be returned by Sunday at 6 p.m. Your ex wants to pick up the children at 4 p.m. this Friday, however, and you agree […]
Read MoreFour ways to get around the hearsay rule: They may help you win your case!
Posted June 28th, 2016.
Categories: Custody Tips, Family Law.
The hearsay rule holds that out-of-court statements (whether written or spoken) cannot be admitted into evidence. In other words, a mother cannot testify what her neighbor has said in the past about her ex-husband in order to prove that her ex-husband is an unfit parent. If the mother wants the court to know what the […]
Read MoreDon’t lay a guilt trip on your kids
Posted June 27th, 2016.
Categories: Custody Tips, Family Law.
There is a tendency among angry parents to make their children feel guilty for spending time with the other parent. The acrimony of a courtroom battle, the distress of dealing with an uncooperative parent and the anxiety, resentment and distrust following a separation or divorce can push a parent to super-impose her feelings onto the […]
Read MoreMaster the Hearsay Rule or you may lose vital evidence in your custody case.
Posted June 25th, 2016.
Categories: Custody Tips, Family Law.
The Hearsay Rule is a fundamental rule of evidence that is often misunderstood. Unless you master this rule, you may find yourself unable to get important documents or testimony admitted into evidence. If such items are not admitted into evidence, it means that the judge cannot look at them, listen to them, or consider them […]
Read MoreThe Unlucky Landlord! Everybody’s Moving Out, But It’s Not His Fault! Somebody Must Pay For This, and How Much….?
Posted June 24th, 2016.
Categories: The Calculating Lawyer.
Your office building is falling apart. The elevators don’t work. The lights keep flickering, and last Thursday, a fire broke out in the mail room. It turns out the electrical contractor used substandard wiring, in violation of city codes, and now the building inspector is kicking out all of the tenants until the building is […]
Read MoreDon’t switch school districts
Posted June 24th, 2016.
Categories: Custody Tips, Family Law.
In a contested child custody case, judges often examine the history and experiences of the parents to determine whether they each provide a stable lifestyle for the children. The flip side is that judges tend to deny custody rights to parents who have demonstrated a history of instability or unpredictability. This is because the prevailing […]
Read MoreGuess What? You’re Buying Me a New House. How To Calculate Damages Using the Cost Approach.
Posted June 23rd, 2016.
Categories: The Calculating Lawyer.
If the business next door is destroying your property, they may have to replace your property. One way to determine what they’ll actually pay you in damages is the “cost approach.” Instead of comparing the value of your property to other similar properties in the neighborhood — which is the sales comparison approach which I discussed […]
Read MoreChild’s best interest = Parent’s best interest.
Posted June 23rd, 2016.
Categories: Custody Tips, Family Law.
Look up any website on child custody and you’ll find that the most important consideration is the best interest of the child. Determining what’s in the child’s “best interest” is the answer to virtually every question in the field of child custody. Sometimes, however, what’s in the child’s best interest equals what’s in the parent’s […]
Read MoreAsk the judge to place the reasons for his ruling on the record
Posted June 22nd, 2016.
Categories: Custody Tips, Family Law.
Family court judges come in many varieties. Some are short and sweet: “I’ve heard the evidence. I’m denying the motion. Custody will remain with the Plaintiff.” Others are more pensive and deliberative: They explain their reasoning and their rulings in detail. Others are cerebral and intellectual: They discuss their thinking about the issues on the […]
Read MoreConduct a background check on parties, witnesses and lawyers.
Posted June 21st, 2016.
Categories: Custody Tips, Family Law.
Before you go to trial on a child custody case, you may find it very useful to conduct an online background check on the other parent, his or her lawyer, and their witnesses. In fact, a background check could be one of the most strategic maneuvers you take in preparation for the trial. An online […]
Read MorePresent Value: What if I could get tomorrow’s money today?
Posted June 20th, 2016.
Categories: Employment Law, The Calculating Lawyer.
Present value is the opposite of future value but can be calculated using the same formula. Instead of asking what value present-day money will have in the future, the calculation for present value asks what value future money will have today (if it were paid today). When calculating the present value of an amount due in […]
Read MoreDevelop one theory of your case, and stick with it.
Posted June 20th, 2016.
Categories: Custody Tips, Family Law.
Mary Jones went to court last week and told the judge that her ex-husband, Peter, is an alcoholic who drinks to excess 7 nights a week, and therefore, he should not have the kids. Before Peter could defend himself, Mary also stated that he was a workaholic, who never seems to have time for the […]
Read MoreDocument injuries suffered by your children while staying with the other parent.
Posted June 17th, 2016.
Categories: Custody Tips, Family Law.
What’s going on at your ex-husband’s house? Or your ex-wife’s place? Why does your child show up at your place bruised and scratched after spending time with the other parent? If your child is regularly getting injured at the other parent’s home, you need to document it. Keep a journal detailing the dates of each […]
Read MoreThe Neighborhood’s Going to Hell! So Sue Your Neighbors For Destroying the Value of Your House!
Posted June 16th, 2016.
Categories: The Calculating Lawyer.
Some people have the greatest neighbors. Not everybody. When your neighbor is a manufacturing plant, a fracking operation, or a poorly managed dog kennel, you may have a legal claim for nuisance, trespass, waste, or other claims. You may have a right to sue for damages — but how much? How do we determine the […]
Read MoreWhen your kids talk in code, start deciphering. Their texting may be admissible in a custody case.
Posted June 16th, 2016.
Categories: Custody Tips, Family Law.
When your son or daughter texts “P911” to a friend, it means “Urgent! Parent Alert.” PAW means “parents are watching” and PAL means “parents are listening.” And then there’s “MOS” — mother over shoulder. And the list goes on and on. Watch out! If your children are texting in code, it may be more confusing […]
Read MoreDon’t buy a dog to win a custody case
Posted June 15th, 2016.
Categories: Custody Tips, Family Law.
Puppies have a way of showing up around the holidays, but here’s a word of warning: Don’t buy a dog or cat to improve your chances of winning a child custody case. Family pets can become a child’s best friend, but when the child is shuffling from one home to another, many problems may ensue. […]
Read MoreWhat’s My Reputation Worth? Fire Me and Find Out
Posted June 14th, 2016.
Categories: Employment Law, The Calculating Lawyer.
Can a victim of employment discrimination recover damages for her blemished reputation? That depends. If framed in terms of lost future earnings, a discharged worker may be able to recover even non-pecuniary losses — those kinds of damages that look more like “pain and suffering” or “loss of goodwill” than loss of front pay. The […]
Read MoreHelp your kids start their own “business,” and you’ll be helping your own custody case along the way.
Posted June 14th, 2016.
Categories: Custody Tips, Family Law.
You’re never too young to learn about free enterprise. Get your kids started early on understanding how a business runs. Help them set up their own lemonade stand, dog-walking business, pool cleaning service or car washing business. Teaching children the virtues and responsibilities of running a business is a valuable exercise even if you’re not […]
Read MorePrepare an exhibit binder for the judge
Posted June 13th, 2016.
Categories: Custody Tips, Family Law.
One sure-fire way to impress the judge is to prepare a binder containing all of the exhibits you intend to present in your hearing or trial. One definite way to annoy the judge is come to court disorganized, with your papers disorganized, and without sufficient copies of his review. To make a winning presentation, follow […]
Read MoreHow to prove your ex is a compulsive antisocial masochist
Posted June 10th, 2016.
Categories: Custody Tips, Family Law.
If the judge orders you and your ex-spouse (or ex-partner) to be tested by a psychologist as part of your child custody case, you may be given a test known as the Millon Clinical Multiaxial Inventory-III, known as the MCMI-III for short. The MCMI-III is one of a number of personality tests given to parents […]
Read MoreLottery Winner’s Dilemma: Lump Sum or Annuity? Calculating the Present Value of an Annuity.
Posted June 9th, 2016.
Categories: The Calculating Lawyer.
What if you won the lottery tomorrow, and your jackpot was $60,000 a year for 15 years? That would come to $900,000! But, of course, you would have to wait 15 years to collect it all. What if you could take a smaller amount today in a single lump sum payment? What amount today would […]
Read MoreGet ready to be tested! Do you have the right personality for full custody of your children?
Posted June 9th, 2016.
Categories: Custody Tips, Family Law.
Your kids aren’t the only ones taking tests. If you’re fighting for primary custody, you may be required to take one or more psychological tests to determine if you have the appropriate personality for the job. Over the next few days, we’ll be talking about some of the most popular court-ordered tests that parents are […]
Read MoreGrowing the Trust Fund: How much do you need today?
Posted June 8th, 2016.
Categories: The Calculating Lawyer.
So you want to stash away some money for your children — a trust fund. Or perhaps you need to fund a support trust for an elderly family member. If you want the fund to generate the same amount of money every year, year after year, then you need to consult the simple formula for the present value of […]
Read MoreYou’ve heard of Tit for Tat. Well, now there’s Tat for Tot.
Posted June 8th, 2016.
Categories: Custody Tips, Family Law.
The old English expression “Tit for Tat” means this for that — if you did this to me, then I’m doing that to you. Equal retaliation! In a child custody case, however, you’d do better to think of the expression TAT for TOT. That’s because TAT stands for Thematic Apperception Test, and it is one […]
Read MoreRefresher Course 103: Rate of Return
Posted June 7th, 2016.
Categories: Employment Law, The Calculating Lawyer.
The Rate of Return (ROR) is a generic reference to the gain or profit derived from a certain decision, investment or action. There are, in fact, many different kinds of rates of return, and a variety of formulas for determining the benefit or profitability of decision, investment or action. Calculating rates of return is another […]
Read MoreWhat’s your child’s IQ, and how can that affect your right to custody?
Posted June 7th, 2016.
Categories: Custody Tips, Family Law.
Among the various psychological tests that may be given to your child in a custody case is a well-known IQ test known as the Wechsler Intelligence Scale for Children (WISC). The revised version of the test, WISC-R, and the fourth edition of the test, WISC-IV, are often used to test children, ages 6 to 17, […]
Read MoreRefresher Course 102: Determining Probability
Posted June 6th, 2016.
Categories: Employment Law, The Calculating Lawyer.
The probability of a single event happening is the number of desired outcomes divided by the number of possible outcomes. It is the number of ways in which an event can occur divided by the number of possible events. To determine a probability, we start with a fraction. So, for example, if we wished to determine the […]
Read MoreClick on the website for your children’s school. Collect program data and other valuable information for your custody case.
Posted June 6th, 2016.
Categories: Custody Tips, Family Law.
Nothing makes a parent shine in family court more than a detailed knowledge of his/her child’s schools and their academic programs. For this reason, it is important to click on the websites for your children’s school district as well as the individual schools your kids are attending. School websites are a fertile source of valuable […]
Read MoreRefresher Course 101: Simple Interest
Posted June 3rd, 2016.
Categories: Employment Law, The Calculating Lawyer.
Before we dive into formulas, let’s review some basic calculations, including the equation for calculating simple interest. Because money has time value, we apply interest as the basic equalizer. Simple interest calculations account for the time value by raising the principal to a higher number. Calculating interest is a very basic and commonly understood process, […]
Read MoreSchedule one-on-one time with each of the siblings. By personalizing each relationship you strengthen your custody prospects
Posted June 3rd, 2016.
Categories: Custody Tips, Family Law.
Busy parents with multiple children often think of their children as “the kids” — the two of them, or the three of them. Children always seem to exist in the plural. Who has “the kids” this weekend? Who’s watching “the kids”? What are “the kids” up to? The problem with thinking of the children as […]
Read MoreFired but Not Forgotten: How To Calculate Back Pay
Posted June 2nd, 2016.
Categories: Employment Law, The Calculating Lawyer.
Fired! Aha, but not forgotten! You intend to collect all of the “back pay” that is rightfully yours. Back pay is the amount of compensation that would have been paid to the employee had he/she not been wrongfully terminated from employment – up to the point that front pay is calculated. In effect, back pay runs […]
Read MoreBuy your child memberships, especially in organizations that you belong to
Posted June 2nd, 2016.
Categories: Custody Tips, Family Law.
Nothing works so well at teaching your child how highly you think of her as buying her a membership in the club or organization to which you belong. Of course, this may not always be possible, but wherever it is possible, sign your kids up too. Let’s say you belong to a local swim club […]
Read MoreFinding the Value of Lost Fringe Benefits
Posted June 1st, 2016.
Categories: Employment Law, The Calculating Lawyer.
A party who has been wrongfully terminated from employment may not only be claiming lost wages but also a loss of fringe benefits. While fringe benefits are not always delivered in the form of monetary compensation, they may include quantifiable values for lost health insurance, including hospital, medical and disability plans, life insurance, pension plans […]
Read MoreLeverage sibling power to improve your chances in custody court
Posted June 1st, 2016.
Categories: Custody Tips, Family Law.
Not only do the courts protect the rights of parents to have access to their children, but they also protect the rights of other family members to have such access. For example, grandparents’ rights have been protected for many years, although they have recently been weakened by a number of federal legal decisions and state […]
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