Kainen Law Group Main Site Navigation

Las Vegas Divorce Law Blog

What are some tips for telling kids about divorce?

Telling kids about divorce isn't easy -- for the children or the parents. You know it's going to be one of the most difficult conversations you've ever had, but it has to be done. Here are some tips to make the conversation and the aftermath a bit easier:

-- Let your children know that the divorce is not because of anything they did. Your children must know that this is not their fault. Children need to know that they haven't done anything wrong, even if the parents have been fighting over them.

Keeping your children from becoming victims of divorce

You've heard the phrase before: Children are the real victims of divorce. Does it have to be this, though? One woman relates her experience with divorce and how it affected her children.

She said that her husband and she stayed together for quite some time for "the sake of the kids." She said that she begged her now-ex-spouse to try harder, go to therapy and just stay with it longer -- all for the sake of the kids. He did that. Neither of them, she said, was really staying for their marriage. As a result, the two stayed in the marriage for much longer than they should have.

The impact of child support delinquency on your credit

If you have been ordered by a court to pay child support, it's essential to make these payments in full and on time. The penalties for not doing so can be serious. Here in Las Vegas, as in many other places, they can include significant fines and even jail time.

Another potential negative effect of delinquent child support is the impact that it can have on your credit score. If the case has been referred to an agency or municipality for collection, they can report the delinquency to credit bureaus. A child support delinquency on your credit report can make it very difficult to get a loan or require you to pay a higher interest rate to get one.

The Uniform Child Custody Jurisdiction and Enforcement Act

The Uniform Child Custody Jurisdiction and Enforcement Act is necessary because people often don't remain in one state. When child custody disputes arise between parents, that mobility can impact the case. When parents and children remain in one state, that state had jurisdiction over any child matter that occurs.

It is common, though, for one parent to live in one state and another parent to live in a different state. More than one state could exercise its power to adjudicate a child custody dispute, which doesn't conclude the dispute, but rather confuses it.

Man facing murder charges for suicide of partner

A man is facing depraved heart murder charges stemming from the December 2015 suicide of his partner. Prosecutors say that the 34-year-old man drove the woman to kill herself after approximately a decade of physical and emotional abuse.

This particular charge doesn't require prosecutors to prove that the accused intended to kill the victim. It requires, however, that the person did something that would likely result in a person's death and whose actions showed a disregard for human life.

Do you need a valuation expert during your divorce?

When a couple has millions of dollars in assets, property and investments, a divorce can be quite complex. Simply trying to determine what everything is worth can be difficult. One way to minimize mistakes is to hire a valuation expert. This is an objective third-party who will determine the values of the couple's assets and holding.

In most cases, a valuation expert is affiliated with an accounting firm. In some cases, such as when there is stock or equity held in a family business, a divorce financial expert who regularly handles high-value, complex portfolios can be a huge help for attorneys and their clients.

How are a child's 'best interests' determined?

In family law, the concept of what's in a child's "best interests" has generally become the standard when courts are asked or required to step in and make these decisions in divorce cases. That happens when parents can't agree on custody and visitation arrangements or other matters impacting their children.

The goal of this standard is to protect children's overall emotional development, security, happiness and mental health. When possible, it means allowing them to have a loving, consistent relationship with both of their parents.

What does the court consider in relocating with a child?

If you are the custodial parent and you want to move several states away to be closer to your family or pursue another job opportunity, will the court approve the move? The answer is that it all depends. There are many factors to be considered and the court is ultimately most concerned about what is in the best interests of the child.

The child's other parent may wish to stop the relocation, as it will bring unnecessary hardship to the child and his or her other parent. If the you can show the court why this a positive move not only for you but for your child as well, the court will be more inclined to allow the move to proceed.

Can child support be negotiated?

Child support under Nevada family law is determined by the court and covers food and shelter along with clothing and utilities. Nothing prevents parents from negotiating additional payments by the non-custodial parent and even settling for less under certain circumstances. Why would a custodial parent settle for less than the court's child support guidelines?

A non-custodial parent is more likely to pay an affordable amount, and it is not uncommon for some to pay nothing if the court ordered amount of child support is more than what they can afford. In order to get something, it might be wise to agree to a lower amount. Once a paying parent falls behind, it becomes more and more difficult to collect child support. In some cases, a parent whose financial limitations are accommodated by the custodial parent may agree -- or even offer -- to contribute in other ways and add on additional items that do not form part of the court-ordered support.

Steps to take to remedy child custody violations

For parents in Nevada and other states, divorce is a traumatic experience, and adjusting to post-divorce life is never easy. It is not uncommon for parents to find it difficult to comply with a child custody agreement that was filed in court. The disappointment of a child when a parent violates custody arrangements time after time is heartbreaking. What are the options for the other parent?

Communication about this issue is better recorded in writing, and it may be best to start with an email asking for an explanation and also describe the disappointment of the child. Ask for a suggestion on how to resolve the issue. There may be a legitimate reason for the other parent's failure to comply, for which a remedy may be available. It may have been caused by an altered work schedule or another responsibility that was unanticipated at the time the agreement was signed.