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A counterclaim sets forth the defendant's allegations against the plaintiff, as if the defendant were asking for a divorce in the first instance.The defendant is sometimes called the 'plaintiff-in-counterclaim' since he makes his initial claim in this pleading.Most orders of attachment are issued ex parte (see below). Concept developed in the late 1960’s by John Bowlby and Mary Ainsworth that led to the conclusion that infants and young children should never spend more than a few hours away from their primary caregiver or they might not develop the ability to form an appropriate attachment and trust in another person. Often cited in child custody cases in the latter part of the twentieth century to prevent infants from leaving the care of their mothers for more than a few hours, never for an overnight visit with the noncustodial father.Later research points to children’s ability to form attachments to more than one caregiver. A court-appointed attorney who represents the stated wishes of the child(ren). If the parties fail to reach an agreement, the case goes to trial, and the court's decision and judgment is substituted. Historically, the aggrieved spouse could bring an action against the third party wrongdoer, without filing for divorce.
If payments are made voluntarily on a de facto basis, i.e., not under court order, any reduction in the amount of such payments is not considered an arrearage. The transfer or formal giving of right, title or interest in property to another person or entity, such as an assignment of a share of a pension to a spouse as an alternate payee. Obviously, no buyer would buy nor lender lend under these circumstances.Court's judgments are modifiable based on a 'material change in circumstances.' An agreement may be either modifiable or unmodifiable ('surviving'). Replaced in 1996 by Program, created by the Welfare Reform Law of 1996. These suits are now rare, however, and are prohibited in some states.Typically, these agreements settle issues relating to: Aid to Families with Dependent Children (AFDC). Today courts will entertain fault divorces making the co-respondent a defendant in the action, but such defendants are generally not liable financially for their adultery. Court-ordered spousal support, usually periodic payments, but sometimes paid in a lump sum as part of a marital agreement (alimony 'buyout'). Party who will be paid pension benefits in the alternative, not the employee. The court's judgment that a so-called 'marriage' was never legally valid or became invalid after the marriage. How much money was spent on the mistress' Think of judges as accountants who want full disclosure and financial accounting for improperly spent funds. A legally enforceable, spousal contract settling all matters. Today courts are more interested in the economic impact of adultery, if any, on the marital estate. Be careful that you have personal knowledge of all matters asserted, or else it 'can and will be used against you in a court of law.' If there is any doubt whatsoever, but you still believe something is true, say 'Based on information and belief....' Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement.