Should I get help from Mom and Dad?

Divorce unsettles finances in the best-prepared households. In many cases, the cost of a protracted battle can exhaust the finances of one or the other parties. Well-meaning family members sometimes step in and provide support for their cherished loved one. It had generally been the case that such financial contributions, without more, were in the nature of gifts and could not be used in the calculation of post-divorce support or consideration of attorney fees to be awarded. Along comes the Georgia Supreme Court in Jarvis v. Jarvis (219 GA 818), and stunned the legal community by holding, in a case of apparent first impression, that funds provided by a party's parents could be included in the consideration of a party's "financial circumstances" when deciding the correct amount of attorney fees. The court noted that there was no "statutory limitation on the type of evidence of 'financial circumstances' a trial court may consider when a trial court makes a fee award" and ruled that the judge did not abuse his discretion taking this source of funds into account. Thoughtful attorneys will no doubt now inquire into whether their clients received help from family members either prior to or during the divorce. Such arrangements should be disclosed to counsel at the outset, and careful thought should be given to whether it is wise to continue. Early disclosure can allow your attorney to give you advice on better ways to finance the significant cost of litigation, and reduce the chance of a result like the one in Jarvis. Thoughts? Twitter me @deoles Find me on the web at www.deoleslaw.com