By Isaac Schaver, M.D.

Getting divorced is difficult. Getting clean is difficult. Getting both clean and divorced is downright painful! Yet, some people make it. If done for the right reasons, recovery from this "double whammy" can lead to a new and fulfilling life. I know from personal experience.

Let's take first things first, which means getting clean first. There can be no rational decisions, sound thinking, or good judgment while one is high or under the influence. A reasonable period of sobriety is a must before important decisions can be made.

So what does getting clean mean? And what does it take? Every user must ask him or herself the question, "Am I addicted?" (FACT: The substance can be alcohol, drugs, or any mood altering chemical that is assimilated into the body). How does one answer that question? The experts suggest a lot of answers, ranging from a detailed analysis of personal habits and patterns of behavior to "If you think you might be one, you probably are." Personally, I think that when someone continues to use in the face of negative consequences, one is addicted. If a person honestly answers "yes" to "Does using cause me difficulties?" and "no" to "Can I really stop when I want to," in my view, that individual is addicted.

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By J. Richard Kulerski

A case is contested if the parties cannot agree and every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to, the following: grounds, custody, visitation, division of assets, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etc.

When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Cases are generally called for trial in the order in which they were filed.

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By John J. Stockdale

There are many complex tax questions that come up when a person divorces. It is impossible to address all of them without knowing the specific facts in each case. However, the simple answers to some general questions that almost always come up are listed below. Each situation is almost always more complicated, however, and you should always talk these matters over with your legal counsel and CPA to get the answer for your specific situation. These answers will only give you a general idea of what is going on.

Do I have to pay tax on money and property I receive in a divorce settlement? Is money I pay to my ex-spouse tax deductible?

If a payment qualifies as alimony under federal tax rules, the paying spouse deducts it and the receiving spouse reports it as income. If a payment is child support, it is not deductible by the payor and is not taxable income to the payee. If a payment is property settlement, there is no immediate tax consequence on the payment. If the payment isn't money, though, there may be a capital gains tax later when the property is sold. For example, the recipient of the home generally wouldn't pay tax on that right away but might have to pay tax when the house is later sold.

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By Ariana E. Cha and Jennifer Dixon

Here are some questions parents should ask themselves when considering joint custody:

Q: How well do you feel you and the other parent can get along?

A: Parents should cooperate with each other. "Support the child's relationship with both parents," Barbara Nordhaus, assistant clinical professor at the Yale Child Study Center, said Thursday. "Drop-offs and pickups should go smoothly. The better a couple can get along, the easier joint custody will be for the children," said Beth Clark, clinical psychologist and a consultant to the University of Michigan Center for the Family and Child. Leslie de Pietro, coordinator of Family Care Resources at the University of Michigan, agreed. "Children shouldn't be used a pawns." Parents should meet regularly to discuss the joint custody situation without the children.

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By Fred Morganroth

The Doctorine of Equitable Estoppel In Paternity Cases

For six years the little girl called him "Daddy". He showed her the love and affection a father shows to a daughter.

Then suddenly, the father, known as "Mr. G." to the Pennsylvania court system, discovered that someone else had really been the child's biological father. He attempted to cut off all ties to the child and the child's mother with whom he had lived with but never married. He also refused to support the child.

It appears that in 1987 he acknowledged paternity of the child thinking he was the father because he had been the mother's only boyfriend when she got pregnant. The child also resembled him.

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