The incident was described by airport police as a "domestic custody dispute," a description that defies explanation. Such officials found disassembled gun components said to be "artfully concealed" within a teddy bear, stuffed rabbit and Mickey Mouse doll.
]]> One of the animals contained a .40 caliber weapon while another contained the gun magazine and firing pin. Authorities felt there was sufficient concern in that the parts could easily have been assembled and possibly even used.While parents misbehave in such custody disputes, family law attorneys do all that they can to intervene in an attempt to make sure nobody is hurt by the actions of a parent. Parents often do not think when it comes to child custody disputes and need to be reminded when they are not acting in the best interests of the child.
Fortunately, no one was injured as a result of what occurred and hopefully the responsible party or parties will learn their lesson. Too often the consequences of custody disputes turn violent and end in physical harm to everyone involved.
Parents need to demonstrate sound judgment when child custody matters are addressed. There is no need ever for a parent to take actions that can result in injury to others - especially their own child.
Source: The Seattle Times, "Gun in toys at RI airport was 'custody dispute,'" May 9, 2012
]]>This is a reflection of what is occurring across Michigan and the country. More women are graduating from college and applying for positions in corporations that were formerly reserved only for men. Women are also making more money while men are now taking on caretaking roles in the family instead of simply being the primary breadwinner.
]]> Alimony is often dependent upon the financial circumstances of both spouses, and modifications often reflect changed financial circumstances or each spouse. The recession has taken a strong toll on the trades and manufacturing sectors of our economy, and both of these sectors have been strongly populated by men. Also women are much closer to achieving economic equality than they ever have in history.Family law in general is continually changing and such changes will be reflected in the court systems. Fathers are taking a more active role in the raising of their children and because of that fathers are more likely to be awarded child custody than in the past. Mothers are now more likely to be in charge of the financial decisions.
Every family law matter in unique and should require an examination of individual circumstances. This means that courts will have to look past gender and actually examine which spouse is in most need of spousal maintenance and alimony.
Source: Reuters, "Divorce courts mirror society as more women pay alimony," by Patricia Reaney, May 10, 2012
]]>The Attorney General's office makes around 770 arrests every year for parents that are delinquent in their child support obligations. The recent effort of their office has recovered close to $120 million in unpaid child support.
]]> Sadly, the above figures are likely just a drop in the bucket. Many instances of delinquent child support go unreported or unresolved. A self employed parent will often hide money and other assets from the other parent while other parents flee their jurisdiction to make obtainment of child support payments more difficult.There are many actions that experienced family law lawyers can take to help parents collect back child support payments that are due. Child support enforcement actions can be taken, wages can be garnished and liens can be placed upon certain properties. Child support orders can also be modified in such a way that payments can be temporarily lowered if the other parent is truly destitute.
Though many non-custodial parents would never deliberately harm their child, they nevertheless fail to understand that they are causing harm by not honoring their obligations. Too often such parents are too caught up in harboring grudges against the former spouse to realize that the child support payments were intended for the child's benefit.
Source: WHTC, "Michigan Attorney General's Office secures child support for ten-thousand minors," May 1, 2012
]]>Such practices are legal in 38 states so long as such practices do not spill over to wiretapping of telephone conversations or invade private communications on computers. The problem with such technology is not just that it is a means of finding out what the other spouse is doing. It also can result in the recording of private conversations between spouses and their attorneys, family members or friends.
]]> Though using such technology may not be covered by any criminal statutes, it may result in lawsuits concerning invasion of privacy. The best interest of the children often is forgotten when spouses stoop to using such tactics as the child no longer is perceived as a son or daughter but instead a tool to get back at the other spouse.What often is not understood is that using such technology in this manner ultimately says more about the person using it than it does about the other spouse. Family law attorneys are becoming increasingly aware that such technology is being used and are fighting back.
Also, judges overhearing family law proceedings are not likely to be impressed that a spouse is lowering themselves to using such technology to find out what the other spouse is doing.
Source: Huffington Post, "Divorce Spy Gadgets: How Using One Could Land You in Court," May 4, 2012
]]>A partner in one of the nation's largest law firms seems to not have appreciated this particular premise. A property division during a divorce proceeding back in 2006 between this partner and his spouse involved millions of dollars of assets. The problem with such a division was that the partner took his split of assets and invested the money with Barnard Madoff. So the partner lost much of what he took out of the divorce while his former spouse now has lots of money saved because she did not make the same investment mistake that he made.
]]> The court rejected the law partner's plea to reconsider the property division. When property divisions are made, it is generally understood by the spouses that the value of certain assets may change.At that point in time longer after the marriage has ended, it is no longer the problem of the other spouse that one's assets have lost value. To decide otherwise might invite everyone to keep retrying property division decisions because one spouse experienced a loss while the other did not.
Because there is such finality in divorce proceedings and particularly property settlements, anyone contemplating a divorce will want to rely on the advice and counsel of an experienced family law attorney. Such assistance can possibly prevent a number of headaches from occurring when one realizes their assets have been depleted.
Source: Forbes, "Divorce Is Final, No Do-Overs Allowed," by Jeff Landers, May 1, 2012
]]>Because most married individuals do not understand this particular aspect of marriage, they are often forced to deal with the shock when it comes to division of property and marital assets during a divorce. Too often, such individuals are under the assumption that some sort of marital agreement would be necessary concerning the division of assets because: (a) they do not contemplate every getting divorced; or (b) they are under the faulty assumption that what they bring into the marriage will remain theirs if the marriage ends.
]]> There are many things that family law attorneys will argue over when it comes to the division of the assets. Courts will look at what jobs each spouse held and what wages were earned. Courts will also take into consideration lifestyle choices, which spouse was chiefly responsible for financial and investment decisions, how the title of the home is set-up, and how credit is paid off by the couple.Thankfully, most divorce proceedings no longer deal with bringing up all of the dirty laundry concerning who did what and when. However, assets such as a 401(k) or property purchased during a marriage are still addressed. Who gets what may determine the financial well being of each spouse for a number of years.
Having a financial agreement in place before a marriage even takes place will greatly simplify a divorce proceeding and make it much less contentious.
Source: Huffington Post, "What I Wish People Learned About Marriage and Divorce in High School," by Katherine Eisold Miller, April 25, 2012
]]>The federal court declined to hear this matter because: "Under the domestic relations exception federal courts are precluded from exercising jurisdiction over cases whose substance if generally domestic relations." In other words, family law cases will be heard in state court rather than federal court, and it is state law that will be applied.
]]> Why this is important is because every state will deal will family law cases in a different manner. How awards of alimony or child support are governed in one state will not necessarily mean that such matters will be handled the same in some other state. For this reason, it's always important concerning any family law matter for individuals to consult with an experienced family law attorney for the state in which a divorce is being handled.Some may say that divorce has already become too complex the way it is. However, certain universal principles will be applied no matter what state one lives in. For example, alimony or child support will not be modified without some sort of changed circumstance being in place to justify such modification. Also, child support and child custody issues will always have the concerns of what is in the best interest of the child in mind.
Source: Leagle: Chambers v. State of Michigan, et. al., No. 11-1442, (6th Cir. Apr. 5, 2012)
]]>Not surprisingly, the Congressman resolved the claim at the same time he was seeking reelection to the House. This individual had been married for 17-years and had three children through the marriage. It probably wouldn't look good to his constituents to make the case that he owed more than six figures in back child support.
]]> Too often non-custodial parents are more wrapped up in disputes they have with their former spouses than in doing what is best for their children. The Congressman released a statement with the former spouse that they regretted the effect that such a dispute would have upon his children. The statement also went to great length to dismiss any perception of the Congressman being a "deadbeat dad." Yet the fact remains that he did in the past fail to take care of his legal financial obligations towards his children.When a custodial parent is having problems collecting on court ordered sums of money on behalf of their children, it would be a good idea to contact an experienced divorce lawyer that can help facilitate a settlement with the non-custodial parent. Sometimes such disputes can be the result of a misunderstanding. At other times it can involve the concealing of assets or funds. In either case, it require the individual attention of a lawyer that has a good idea what each parent can and cannot afford concerning child support payments.
Source: Boston Herald, "Congressman says he and ex-wife have resolved child support lawsuit," by Katherine Skiba, April 19, 2012
]]>Celebrity divorces without a prenup can make a divorce settlement even more complicated and high-profile, with millions of dollars and future earnings at stake. Couples will split for any number of reasons: money, dissatisfaction in the bedroom, personal differences, general life disappointment, or simply growing apart. After only months of marriage, it is difficult to predict what went wrong with couples like Katy Perry and Russell Brand.
]]> Celebrity status can also bring a host of other complicated issues into a marriage. It is believed that Katy Perry's party lifestyle was too much for Russell Brand, who was more of a homebody after rehab and recovery. Celebrity divorces are also complicated by too much publicity, rushing things, and time apart. High-profile couples also have the money to go though marriages and divorces quickly.While reports are conflicting and unclear, it proves again that marital problems are private. Every couple faces unique challenges and it is never easy to tell what issues lead to the end of a marriage. Whether you are recently married and facing issues or you are considering divorce, it is important to consider your personal needs and the best interests of your family.
Source: Business 2 Community, "Why Celebrities Fall in and Out of Love So Quickly," Whitney, Baker, April 5, 2012.
]]>Poor behavior such as the bad mouthing of the other spouse often will be brought to the attention of the court. That's why every effort should be made to behave around other family members in the same way one would act in front of a judge.
]]> Some types of behavior that will raise red flags to the court include:Though these suggestions might seem obvious to outsiders, spouses going through a divorce are too distracted by the actions of the other spouse to pay special attention to their own behavior. Behavior that appears manipulative to the court will only decrease one's chances for obtaining custody of the child.
Since divorce can be so emotionally trying, it's generally best to seek out independent and objective advice concerning one's situation. Lawyers that handle divorces for a living have observed the many mistakes that spouses make when seeking custody of a child. Lawyers can often defuse an otherwise explosive situation.
Source: The Huffington Post, "Ways to Sabotage Child Custody," by Joseph E. Cordell, April 2, 2012
]]>When one is contemplating divorce it is good to plan for any sort of happening. If one's assets are tied up in a business, the other spouse will be interested in what becomes of those assets as much as well.
]]> What one will want to do in attempting to preserve such an undertaking while going through a divorce would be:Making a divorce as civil as possible when it comes to property division or any other matter of potential dispute will in the long run make life easier for both spouses. Attorneys can help couples go through the and often smooth out an otherwise difficult process.
Source: Reuters, "Want to Protect Your Business in a Divorce? Be Batman," by Edward Tan, April 5, 2012
]]>Probably the one theme that comes across that such expos are even deemed necessary is that divorce affects every area of our lives. That such a message is brought out in an expo merely tells us just how widespread divorce as an issue has become and just how many individuals it now involves.
]]> Certain individuals are concerned that such expos are taking place because it feels like divorce is being treated as a business rather than a legal and very personal dealing. Others disagree with this point of view in that they feel such an expo merely prepares them for the realities of what a divorce will be like.There may be truth to what both sides suggest. Individuals divorcing do need some very real advice and need to be prepared for what can often be an extremely trying process. On the other hand, many individuals are making a living off of providing advice with little to no training and with little experience in dealing with the realities of the divorce process.
Obviously we'd suggest finding all that you can learn about divorce before going through the process, but it remains a good idea to keep in contact with an attorney experienced in the area that can give professional advice.
Source: The Wall Street Journal, "Divorce Enters Expo Age," by Sumathi Reddy, March 28, 2012
]]>An attorney was ordered to pay his wife of 30-years $14,000 a month in spousal support. At the time the attorney was earning approximately $500,000 a year. The attorney's salary slipped to $168,000 in 2008, and since that time he has been laid off of his job. In the meantime, he is also making payments on a $924,000 townhouse with an estimated value of $691,000.
]]> Without court action, there was little that the attorney could do to continue making such payments. He has tapped into his retirement accounts to keep above water, but he expects all of those funds to soon be gone. He has tried to launch a new career as a solo practitioner, but he is likely running into difficulties making a go of it considering he also has so many other financial obligations.Such a situation is not all that unusual. Attorneys have been busy an attempting to make modifications to decrees setting alimony payments as the payments demanded are not always in line with changing circumstances.
The trial court's decision to limit the attorney's alimony to 20 percent of his current income has been upheld by the appellate court. However the appellate court also felt it was incorrect for the trial court to have used withdrawals from the retirement account to also be included as income.
Each jurisdiction would probably have handled such a matter differently, but it does demonstrate that courts are becoming increasingly flexible when it comes to alimony modifications.
Source: ABA Journal, "Alimony Decision Shows How Layoff Affected BigLaw Partner," by Debra Cassens Weiss, March 30, 2012
]]>There may be many reasons as to why there has been an increase in divorces in this age category. When couples reach retirement age they often have to adjust to a whole new living arrangement. Some elderly are dealing with adjusting to a life without work. Others regrettably discover that they don't really know the person with whom they had planned on sharing their life.
]]> One other major obstacle many elderly couples will need to contemplate is the existence of children the other spouse may have from previous marriages. Besides objections that the children may have concerning the marriage, each child may have their own financial concerns when it comes to matters of their parent's estate.Because of this and because such couples are often hoping for even more financial security when they remarry, it's strongly suggested that both spouses consult with their own family law attorneys before taking the step of getting married. Couples may want to enter into a prenuptial agreement that takes all of the financial considerations into account. And each spouse will certainly want to have a clear idea as to what assets they did and did not bring into the marriage.
All of the premarital planning may not seem too romantic, but it is good to be realistic and prepared for any problems that might arise.
Source: Fox Business, "Remarrying After 50: Financial Tips Before the Big Day," by Casey Dowd, March 22, 2012
]]>Before making decisions, it's always helpful to gain good and objective financial advice. And it certainly would be helpful to find an attorney experienced in the family law area that has the necessary resources to help clients out concerning such financial decisions.
]]> Though there will be some unpredictability when it comes to divorce, planning for the future can alleviate many concerns. A few suggested steps that could help matters go more smoothly would include:Always keep in mind what you are willing and not willing to risk when it comes to your assets and any future investments that you might make. It's almost always a good idea to diversify, but this may become particularly important when one is going through such a life changing event such as a divorce.
Source: The Miami Herald, "Facing the financial facts of getting a divorce," by Andrew Menachem, March 10, 2012
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