Tuesday, January 17, 2012
Judge Can Only Make Findings of Fact & Conclusions of Law on an Issue If Evidence Is Received
Frequently I hear complaints from judges that at trial attorneys are focusing on a hotly-contested issue, such as custody, and completely forgetting about related issues such as child support or dependency exemptions. It is not unusual to have several hours, or even days, of testimony on custody and/or parenting time, but then have little or nothing in evidence about the income and expenses of the parties. Then the lawyers seek amended findings of fact on issues for which no trial evidence was received. Likewise, parties who seem to have a settlement may forget about a related issue, like dependency exemptions, when the hotly-contested custody issue is resolved. Something to keep in mind.