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MOLLIE DIANE PEDDAR vs. JOHN LEONARD PEDDAR
APPEALS COURT OF MASSACHUSETTS
April 11, 1997, Argued
July 22, 1997, Decided

In 1990, the plaintiff moved to Massachusetts with the children of the marriage, and they now reside within the Commonwealth. In 1995, the plaintiff filed a complaint for modification of the Georgia divorce judgment pursuant to G. L. c. 208, § 29.  Her complaint seeks, inter alia, modifications to the orders of the Georgia Superior Court regarding child support. The judge dismissed, for lack of subject matter jurisdiction, so much of the complaint as related to the child support orders. The plaintiff filed a timely appeal from the allowance of the defendant’s motion to dismiss.

Issues:

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TERESA H. SHINGLEDECKER, Plaintiff v. TERRY ALLAN SHINGLEDECKER, Defendant
COURT OF APPEALS OF NORTH CAROLINA
March 13, 1991, Heard in the Court of Appeals
August 20, 1991, Filed

Plaintiff and defendant were married on 28 January 1989 in Jackson County, North Carolina. Thereafter, the parties moved to the State of Florida on a temporary basis, although the family home remained in the State of North Carolina.  In January 1990, plaintiff instituted this action seeking a divorce from bed and board and alleging, as grounds therefor, constructive abandonment, cruel and barbarous treatment and indignities.  Plaintiff also requested both temporary and permanent child custody and child support.  Defendant filed a pre-answer motions to dismiss plaintiff’s complaint based upon North Carolina Rules of Civil Procedure 12(b)(2) and 12(b)(6), lack of personal jurisdiction and failure to state a claim upon which relief could be granted.  On 26 April 1990, Judge Steven J. Bryant entered a judgment granting plaintiff a divorce from bed and board, permanent child custody and child support.  From the Order denying his motions to dismiss, defendant appealed.

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Thomas W. Arnold, Respondent, v. Orly Harari, Appellant.
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT

February 19, 2004, Decided
February 19, 2004, Entered

Facts:

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Question by lissasmurf27: Am i entitled to child support in illinois if we file divorce and have joint custody of the children?
My x says does not have to pay child support if we agree to joint custody and if I ask for it in divorce then he will start a full custody battle. Does anyone know how this works ? He makes a lot more than I and I already walked away from my house and pets. Now he wants the kids too!

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Leslie S. Hays, Petitioner, v. John Hays, Respondent
Supreme Court of New York, Special Term, Nassau County

November 26, 1982

Facts:

The petitioner mother and the respondent father were married in the State of California and that the child was born there on July 25, 1980. As the result of marital problems she decides to flee to New York without advising respondent. Two days before the flight, respondent discovered the tickets and immediately sought legal assistance. A summons and petition for divorce and custody together with a temporary restraining order preventing petitioner from removing the child from the State were served the following day, but petitioner flew to New York as planned, taking the child with her. She arranged for an attorney to represent her at the hearing in California. California court proceeded to grant a divorce and custody to the father, after which he obtained a California warrant for the mother’s arrest. The petitioner brought a custody proceeding pursuant to the Uniform Child Custody Jurisdiction Act (Act), N.Y. Dom. Rel. Law § 5-A, asking the court to exercise its jurisdiction to modify a custody decree entered by a California court, which had granted custody to respondent father

Issue:

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VIRGINIA COLLABORATIVE DIVORCE

Parties seeking to divorce in Virginia have the option of pursuing a collaborative divorce.  Collaborative divorce is an alternative to traditional litigation.  In Virginia, if parties choose to use the collaborative option, each party must retain a collaborative attorney.  Collaborative divorce attorneys in Virginia must have specialized training in the collaborative method as well as in mediation. 

When parties sign a participation agreement to engage in collaborative divorce, they, as well as their attorneys are committing themselves to working through the collaborative process without engaging in litigation.  Further, the parties commit to full disclosure and transparency.  By doing so, the parties promise to provide each other with the information necessary for them to make educated decisions, and by doing so, the parties are able to avoid the formal discovery process. 

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www.DivorceAndMoney.org Video shows how to calculate Missouri (MO) child support for a divorce using free child support calculators. Free report on common divorce mistakes also available.