California is one of the few states that allows family court judges to order continued child support for children who are unable to live independently due to a physical or mental disability. In many states, family laws require only that divorced parents pay child support until their children reach the age of 18 or 21, or until they graduate from high school or college.
]]> In those states which do not permit courts to order ongoing support for special needs or disabled children, the burden on the custodial parent can quickly become unmanageable. Therefore, it is best if the parents ensure their child's future during their divorce process, before they reach the child's 18th birthday or a similar milestone at which support would normally stop.One option is for parents to set up a trust for their child during the settlement of their divorce. This will place money in an account for the future needs of their child after that child has reached adulthood, such as assisted living and vocational training. Setting the money aside well in advance will ensure that both parents share the financial burden of caring for their child, regardless of what happens in the future.
Source: The Huffington Post, "Listen to Our Children in Need: Special Needs Children and Divorce," Sherri Donovan, Esq., May 4, 2012
]]>According to AAML president-elect Alton Abramowitz, the increase is reflective of a shift in our society as a whole. "It shows that women have really moved up financially and that in many instances they are the major bread winners in a lot of families," he told Reuters. "More women have taken over the financial responsibilities and have been saddled with them as well. It is a fact of the way our society has evolved over the last number of years."
]]> Education has played a large part in the growing number of women who are out-earning their husbands or significant others. In 1980, according to the Digest of Education Statistics, women received only one-third of the medical degrees awarded in the United States. Today, women earn about half of those degrees.Interestingly, Abramowitz says, women are no less frustrated than men at having to pay spousal support to their ex-spouses. "We see women who are every bit as angry as their male counterparts, maybe more so," he said, "when they are confronted with the concept of paying spousal support to a man."
Source: Reuters, "Divorce courts mirror society as more women pay alimony," Patricia Reaney, May 10, 2012
]]>Harrison and his wife, Gwen Jones, have declined to give any details about their impending divorce or the reasons for the split. However, because the couple lives in and filed for divorce in California, they are subject to the community property laws of the state. This means that their divorce may become public if they are unable to reach a property settlement and end up fighting over their property division in California family court.
]]> As a community property state, California is in a significant minority: currently, only three other states follow community property laws when dividing up property after a divorce. The remaining states are common law property states, which allow each spouse to retain separate ownership to the property they brought into and acquired during the marriage.Under the family laws of California, however, community property is defined as all assets that are acquired during a marriage, regardless of which spouse actually earned them. Anything that falls into that category is divided right down the middle upon divorce. As you can expect, this often leads to messy family court fights.
In addition, the couple will also have to come to an agreement regarding child custody, visitation and child support for their two children, who are 7 and 9 years old.
Source: Reuters, "'The Bachelor' Host Chris Harrison is Getting Divorced," Edward Tan, May 4, 2012
]]>For most couples who are stressed out by the wedding planning process, the goal is simply to make it to the wedding day, with less preparation for what comes after, and certainly no discussion of the possibility of divorce someday. However, they may want to: according to divorce author Marsha Temlock, a difficult wedding planning process may be a sign the couple is destined for divorce.
]]> The reason, Temlock explains, is that planning a wedding constantly tests a couple's ability to solve problems and resolve conflicts under stress. Therefore, she says to watch out for these common "red flags" that could indicate a high potential for future divorce:What do you think? Does the existence of these red flags make it more likely that a couple will ultimately divorce?
Source: Huffington Post, "Weddings That Set the Stage for Divorce," Marsha Temlock, May 2, 2012
]]>As such, there are several common mistakes that divorcing spouses make during and after the divorce process. Avoiding or minimizing these costs and common mistakes can set you and your family up for financial success for many years after your split.
]]>Source: The Huffington Post, "Top 5 Ways to Ensure Financial Security During your Divorce," Brendan Lyle, April 23, 2012
]]>In a recent civil lawsuit, the father of a 9-year-old boy is alleging that his ex-wife planted a recording device in the couple's son's clothing in order to record the father's conversations and ultimately gain child custody of the boy. Then, he claims, she "secretly intercepted communications" that took place among the father's family members, recorded those conversations and potentially shared them with others.
]]> In doing so, the father claims, his ex-wife violated state and federal wiretapping laws, as well as committing an invasion of privacy and an intentional infliction of emotional distress. The lawsuit states that the ex-wife is a private investigator, which gave her familiarity with the device and the procedures involved in making recordings.Surprisingly, this is not the first case that alleges wiretapping in the context of family law. The father's lawyer has previously prosecuted such a lawsuit in which a parent placed a recording device inside of a teddy bear to capture conversations during the course of a child custody dispute.
Custody also seems to have motivated this alleged invasion of privacy. In 2011, the father filed a claim for sole custody of his son. The current status of that case, and how it could be affected by this lawsuit, is unknown.
Source: The Houston Chronicle, "Pasadena man's lawsuit claims ex-wife planted recorder on son," Mike Tolson, April 18, 2012
]]>Before VAWA, domestic violence was considered to be a private family issue, and victims had few legal options to prevent future abuse. Now, law enforcement agencies and courts in California and across the United States treat domestic violence as a serious crime, offering both legal remedies and personal assistance to the victims of domestic violence.
]]> In the years since VAWA became law, it has received bipartisan support each time it comes up for reauthorization. However, that is not the case in the current Congress, which has balked at reauthorizing the law because of various added provisions having to do with same-sex partners and immigrants.In an editorial in The Huffington Post, Senator Amy Klobuchar says that, regardless of legislators' feelings on these two groups, it is essential that VAWA is reauthorized. According to a recent survey from the Centers for Disease Control and Prevention, she says, 24 Americans are the victims of rape, physical violence or stalking at the hands of an intimate partner every minute. Nearly half of the women who die in the U.S. are killed by a partner.
In addition, children who experience violence in their homes are more than 75 times more likely to commit domestic violence themselves someday. Therefore, Klobuchar says, the protections offered by VAWA will help to break the cycle of violence completely.
Source: The Huffington Post, "Why We Must Reauthorize the Violence Against Women Act Now," Sen. Amy Klobuchar, April 26, 2012
]]>Extensive allegations have been made public through blogs and court records. Tammy believes she is entitled to more than the $23,000 she was promised to cover expenses and child support. Melissa has argued that Tammy is reckless and burned one of the children with a cigarette. A messy break-up in headlines may show that heterosexual couples don't have a monopoly when it comes to high-emotions during a split.
]]> The wedding itself was high-profile, included a number of celebrity guests and was featured in tabloid magazines. While the break-up started up amicably, it became clear that dividing assets and custody issues were not going to resolve easily. Now Melissa alleges that Tammy has used the children as pawns in the break-up.The break-up has been the subject of gossip columns and blogs, but it could also mean more to gay marriage. Since more than half of marriages do end in divorce, it is not surprising that the gay community will also face these challenges. GLBT advocates also believe that the break-up illustrates the complexities of gay and lesbian relationships, as well as the simple fact that some of them just won't survive.
In addition to the personal, emotional, and financial struggles that match heterosexual couple divorce, the break-up also sheds light on the lacking legal protection for couples in same sex unions.
The Daily Beast, "Melissa Etheridge's Hideous Breakup," Tricia Romano, April 17, 2012.
]]>According to Huffington Post author and divorce coach Laura Campbell, that is simply not true. Speaking from experience as someone who initiated her own divorce, Campbell says that being the initiator does not make a divorce any less difficult, confusing and painful.
]]> In her situation, Campbell says, she and her ex-husband were simply not a good fit. They married when they were young, and after several years of unhappiness, she decided to file for divorce. Her initiation of the split was a long time coming: the couple had been in marriage counseling for four years. However, many people assumed that, because Campbell had filed for divorce, she was better able to move forward and start over after her divorce.As in most splits, that was not the case. "Divorce is a significant transition that affects almost every area of an individual's life," Campbell writes. "Whether a person was the one to first utter the words, "I want a divorce," or not, the transition is equally challenging."
The reason for this is because, regardless of who actually makes the divorce filing, both people were in the marriage, and both contributed to its demise in some way. The best way for both to move on is to accept this fact.
Source: The Huffington Post, "Let Me Be Clear..." Laura Campbell, April 12, 2012
]]>Despite this seemingly good news, the study's lead researcher believes that it may be masking the true outcomes of marriages in which a child is ill. It is possible, he says, that parents are simply staying together to protect their sick child from further harm, putting their own happiness on the backburner as they focus on helping their child survive the physical and emotional effects of their illness.
]]> In the study, researchers examined Danish public registry data for the parents of nearly 2,500 children who were diagnosed with cancer between 1980 and 1997. They also compared the parents of 18 healthy children to every sick child to determine whether either group were more or less likely to divorce than the other.After the 20-year study, researchers concluded that there was no significant difference in the rates of divorce between the parents of healthy children and those with children who were battling a potentially terminal disease.
According to researcher Dr. Christoffer Johansen, the results of the study represent a positive trend. "This is a dramatic finding," he said, "because it shows how strong a marriage really is in a period where family is experiencing tough times."
Source: The Huffington Post, "Divorce, Cancer Delinked: Child's Illness Doesn't Tear Up Marriage," Natasha Burton, April 11, 2012
]]>But according to recently filed court documents, it seems that Klum and Seal may soon find themselves embroiled in a very contested California divorce. The pair, thus far, seems to disagree on the terms of their post-nuptial agreement and how they should divide up custody of their four children.
]]> Although the couple split in January, Klum did not officially file for divorce until last week. In her filing, she asked for primary physical custody of the children, with Seal receiving visitation rights. She also stated that the couple had a post-nuptial agreement that would determine the distribution of their finances and assets.A few days later, Seal made a filing of his own, asking for joint physical custody of the children and claiming that there are "community and quasi-community" assets that need to be divided under California's community property laws. Reports indicate that Klum is worth about $70 million while Seal has an estimated $15 million net worth.
The pair also seems to disagree on the date of their split. Klum stated that the couple separated on January 19, while Seal listed the date of separation as "undetermined."
Source: New York Daily News, "Seal files response to wife Heidi Klum's divorce petition, asks for joint physical custody of couple's four kids," Nancy Dillon, April 10, 2012
]]>As can probably be expected, these decisions can lead to some pretty heated disputes between parents who don't agree on where their children should go to school or how they could be treated for medical conditions. In one interesting new child custody case, a mother is claiming that the court has violated her constitutional rights by ordering her to make religious decisions with her ex-husband.
]]> The parents in the case had a history of disagreement, even consulting with a minister while they were married to resolve a dispute about when their two children should be baptized. That fight came to a head following their divorce, when the mother had the children baptized without her ex-husband's knowledge or consent.Upon learning of the baptism, the father sought criminal contempt-of-court charges against the mother, alleging that she had violated the order to resolve religious disagreements through mediation if they could not reach a resolution on their own. In the alternative, he stated that he at least would have liked to have known about and been able to attend his children's baptism.
The mother disagreed, stating that the court order was essentially forcing her to comply with the father's religious beliefs, and arguing that being unable to baptize her children when she desired was an unconstitutional violation of her religious rights. The court disagreed, stating that the violation of the issue, and not religion, was at the heart of the issue.
What do you think? Do family courts have the right to order both parents to agree on their children's religious upbringing?
Source: New York Daily News, "Tennessee mom faces jail for baptizing her two children without husband's consent," April 1, 2012
]]>But with the recent $2.15 billion sale of the Dodgers, many California family law attorneys are wondering whether Jamie McCourt made a bad divorce deal. She and her lawyer have both declined to comment publicly on the sale and the settlement.
]]> While the McCourts worked to reach an agreement, both spouses hired independent financial experts to appraise the value of the team. The valuations ranged from $900 million to more than $1.3 billion, according to an unnamed source. With those appraisals, both Frank and Jamie McCourt likely thought they were striking a pretty good deal.It is not known how and why the sale price was nearly double either appraisal amount. One possibility has to do with timing. When the valuations were made, there was financial turmoil throughout Europe and a depressed U.S. stock market. This may have contributed to the low appraisal.
But according to Frank McCourt's divorce attorney, the sale came as somewhat of a surprise to most people involved. "The truth is," he said, "nobody in their wildest dreams thought that the team would bring in a $2 billion bid."
Regardless of Jamie McCourt's feelings on the financial settlement, she was likely happy to reach a settlement and end her long, public family court battle.
Source: Wall Street Journal, "Jamie McCourt's Share: Baseball's Worst Deal?" Ashby Jones, Mar. 28, 2012
]]>A recent survey conducted by the American Academy of Matrimonial Lawyers shows that pet custody cases have increased noticeably since 2001. One Santa Monica attorney says that he has experienced a 15 percent growth in such cases over the past five years.
]]> The increase in these cases has sparked debate and has inspired a California pet consultant and the attorney who handled his divorce to team up and write, "What about Wally?" a book that aims to address pet co-parenting issues with an ex.There is no law that recognizes visitation with an animal. When couples decide to co-parent a pet with an ex they are faced with decisions regarding shared custody, week-to-week schedules, vacation and holiday schedules, travel arrangements, doggie day care, boarding, food, treats, grooming, end-of-life decisions, and more.
Not only are pet owners being challenged to find solutions, legal representatives are seeking answers, too. One creative solution entailed divorcing spouses standing on opposite sides of the courtroom, with custody awarded to the person the dog walked to first.
The increase in custody cases involving pets and the complexities involved have created a need for more legal guidelines in this area. After all, what fun is it to watch the flat screen TV that you got in the divorce if Fido's not there to watch it with you?
Source: Associated Press, "According to divorce lawyers, pet custody cases are on the rise," Sue Manning, March 27, 2012
]]>Under current California domestic violence laws, a spouse who is convicted of attempted murder or solicitation of murder is ineligible to receive spousal support, attorney fees, insurance benefits or similar payments from the victim of that crime. Now, a state legislator has proposed an amendment to that law which, if it passes, will bar a spouse who has been convicted of rape or other violent sexual felonies from receiving payments from the victim.
]]> The motivation for the proposed law is the above woman, who was raped by her husband in 2008. The husband was charged with and convicted of rape and sentenced to six years in prison.Despite the conviction, the woman was ordered to pay $1,000 per month in spousal support during the couple's divorce. She did so for four months until the husband was imprisoned, at which time a judge temporarily halted the payments due to the changes in the husband's financial needs.
When the husband is released, it is possible that he will seek and receive a court order reinstating the spousal support. Under the proposed law, however, that would not be possible.
Source: The Sacramento Bee, "Woman ordered to pay rapist backs change in California law," Jim Sanders, Mar. 16, 2012
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