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Does the non-custodial parent have a right to daycare or pre-school records?
Generally not, in most cases. If the non-custodial parent is paying for the daycare directly they may have more leverage in obtaining records, but in most instances a daycare or pre-school will only release records to the parent that registered the child (most often the custodial parent).
Generally not, in most cases. If the non-custodial parent is paying for the daycare directly they may have more leverage in obtaining records, but in most instances a daycare or pre-school will only release records to the parent that registered the child (most often the custodial parent).
My spouse has a safe deposit box that's being paid for through our joint account. Is there any way to get or freeze access to this box?
You might be able to get a court order and serve it on the bank, so they cannot allow him or her access to the box without you or your attorney present. It would also be prudent to subpoena the bank for any records they have on your wife/husband.
You may find that he or she has other accounts that you don't know about. If you're in a community property State, the contents of the box (whatever they are) may be deemed to be communal property and subject to the division of marital assets, especially if the box is paid through by a joint (communal) account.
There are exceptions to this, however. If the box is listed solely in their name (they are the only one listed that can sign to get into the box), you may have a more difficult time proving it to be a marital asset, even in a community property State.
We moved to a different State. How do we go about transferring jurisdiction?
Generally, if there is no pending litigation, you would file a motion in the court in the new State whenever you needed to. (There would be no need to file anything until you have an issue to bring before the court in the new State.)
When there is pending litigation (a case in progress), the original court will usually retain jurisdiction until the matter is settled. At that point jurisdiction may be transferred to the new State.
Why do I have to pay my spouse's medical insurance while we're divorcing?
The court wants to make sure your spouse has medical coverage until the divorce is finalized. This may or may not be fair to you, but it is an obligation that the court will enforce.
Do not drop your insurance coverage on him or her until the divorce is completed. Unless some form of 'continuing coverage' is written into the divorce decree, you will then be free to discontinue the insurance on him or her.
Can I claim the deductions for my kids on my income tax?
Whether or not you may claim your children as dependents on your income tax return depends on several factors. Most parenting plans specify who is to receive the deduction, whether the deduction is alternated between the parents, etc.
If your existing parenting plan doesn't cover income tax deductions for the children, you may want to consider having the plan amended. If you're drafting a parenting plan, income tax deductions are something you'll definitely want to have covered in the plan.
If no parent is specified to receive the deductions, then it's more a matter of interpretation and eligibility. Often the custodial parent will claim the deductions by default, but eligibility may also depend in part on where and with whom the child resides.
The parent who has the most residential time with the child is often considered to be the 'eligible' parent, but this isn't a hard and fast rule. If the custodial parent is not working and the non-custodial parent is, the non-custodial parent may be able to claim tax benefits that might ordinarily go to the custodial parent.
The following articles have more specific information on non-custodial tax deductions: