Can a Divorce Lawyer in Arkansas Subpoena Text Messages?
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
3M ago
In a contested divorce case, tracing communications can be critical. Text messages often contain important evidence around issues like custody, assets, and infidelity. This leads to common questions like – can my divorce lawyer subpoena my text messages? The short answer is – sort of. Text message logs can be subpoenaed in Arkansas, but not necessarily message content. Here’s how it works: First, the attorney prepares a subpoena directed to the mobile provider that identifies the text message records that are being requested. Unless it is requesting the mobile provider to simply show up to tri ..read more
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Uncovering Hidden Assets in Divorce: Can a Lawyer Find Secret Bank Accounts?
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
3M ago
Going through a divorce comes with many complex financial questions to sort out. One issue that frequently arises is the suspicion that a spouse may be hiding assets in secret accounts. This leads to the question – can my divorce lawyer help find undisclosed bank accounts? The short answer is yes, an experienced divorce attorney has investigative tools to dig into potential hidden assets. Here are some techniques they commonly use: Subpoena financial records – A lawyer can issue subpoenas requiring banks, investment firms, employers and others to turn over documentation of accounts owned by a ..read more
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Are Divorce Lawyer Fees Tax Deductible?
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
3M ago
On top of the typical stresses of separating, you also have to pay attorney and court fees related to the proceedings. This leads many people to wonder – can I claim these costs on my taxes? Are divorce lawyer fees tax deductible? Unfortunately, under current U.S. tax law, divorce attorney fees generally are not tax deductible. The IRS considers these fees to be personal expenses, as opposed to business expenses or costs incurred to produce income. Personal expenses typically cannot be deducted. However, there are a few exceptions where you may be able to deduct some divorce-related costs: Fe ..read more
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Arkansas’s Current Child Support Guidelines
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
3M ago
The Attorneys at Mann & Kemp Can Help You Estimate Your Child Support Here are the key factors for how child support is calculated in Arkansas: Income of Both Parents – The incomes of both the custodial and non-custodial parents are considered. This includes wages, salaries, commissions, bonuses, disability payments, pensions, interest, etc. Typically, the parents’ most recent tax returns are used to determine income levels. Number of Children – The number of children requiring support is factored in. The more children involved, the higher the support amount. Overnights with Each Parent ..read more
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What is a Mechanic’s Lien?
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
1y ago
Arkansas Mechanic’s and Materialmen’s Liens Mechanic’s and materialmen’s liens are legal tools that contractors, subcontractors, and suppliers can use to secure payment for work and materials provided to a construction project. In Arkansas, mechanic’s and materialmen’s liens are governed by specific laws and procedures, and it’s essential to understand these rules if you work in the construction industry. What is a Mechanic’s and Materialmen’s Lien? A mechanic’s and materialmen’s lien is a legal claim against a property that has been improved by labor or materials furnished by a contractor, su ..read more
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Home Building Contractor Not Meeting Expectations?
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
1y ago
Disputes with Your Home Building Contractor in Arkansas Building a home can be an exciting but also stressful experience, especially if disputes arise with your contractor. Disputes with your home building contractor can lead to delays, increased costs, and even legal action. As an Arkansas homeowner, it’s essential to understand your rights and options in the event of a dispute with your home building contractor. Common Disputes with Home Building Contractors in Arkansas Disputes with home building contractors can arise for various reasons, including: Construction delays or project overruns ..read more
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Understanding Equitable Distribution of Marital Property in Divorce
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
1y ago
Understanding Equitable Distribution in Arkansas Divorce Cases Divorce can be a complex and emotional process, and one of the most challenging aspects is dividing property and assets. In Arkansas, property division in a divorce case is governed by the principle of equitable distribution. This legal concept determines how property and assets will be divided between spouses based on what is fair and equitable under the circumstances of the case. What is Equitable Distribution in Arkansas? Equitable distribution is a legal principle that applies in Arkansas to determine the division of property a ..read more
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Amendment to Arkansas Child Support Modification Statute
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
2y ago
The Arkansas General Assembly recently approved Act 927 of 2021 which amended an important component of child support modification law. Child support orders are final orders and cannot be modified by the Court unless the parties’ circumstances have changed enough to justify reviewing the order. Ordinarily, the “changed circumstances” are simply that one of the parties has had an change in their income. Arkansas Code Annotated 9-14-107 sets the standard: a change in gross income in an amount equal to or more than twenty percent or more than $100 per month shall constitute a material change of c ..read more
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Arkansas Legislature Finally Helps Residential Contractors
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
2y ago
Act 984, Acts of 2021, finally rescinded the most punitive element of the mechanic’s and materialman’s lien law. Building contractors who perform work or provide materials in construction are entitled to be paid for the products and services. When a contractor has not been paid, one option they have is to file a “verified statement of account” at the courthouse and, if they cross every “t” and dot every “i,” they are entitled to a “mechanic’s and materialman’s lien” on the property they worked on. That “lien” then gives the contractor the right to sell the property at a court-ordered auction a ..read more
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Supreme Court Asked to Review Child Custody Modification
Mann & Kemp Arkansas Legal Blog
by Harrison Kemp
2y ago
(Image: Arkansas Supreme Court) The Arkansas Supreme Court has been asked to review a decision of the Arkansas Court of Appeals which reversed the order of the Pulaski County Circuit Court modifying custody of a child. Dr. Michael Adams filed a petition for review of the Court of Appeals decision, citing what he claimed were inconsistencies in the decision and prior Supreme Court law. Adams had sought a modification of the custody order granting Margaret Nalley primary physical custody of their minor daughter, arguing that his move from Jonesboro to Little Rock meant that he could now exercise ..read more
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