According to a recent survey of the American Association of Matrimonial Lawyers, 56 percent of divorce attorneys responding have seen an increase in the numbers of women paying child support over the past three years. Additionally, 47 percent report that there has also been an increase in the number of women paying alimony.
]]> The Academy suggests that as women find increasing success in their careers, they become more financially responsible in many aspects of their lives, including the divorce process. With men and women on a more equal footing, both partners are capable of being the high earner between a couple. Additionally, along with these changes in perspective of both male and female relationship dynamics, men are more likely to gain custody of the kids and therefore receive child support payments from their ex-spouse.While many of the members of the Academy agree that an increase is seen in these conditions, many still report that they have seen no significant change. Yet as women continue to gain success in their careers, the nature of divorce between men and women will continue to evolve, reflecting arrangements that are considered to be in the best interests of everyone involved.
This trend is likely to affect most every aspect of divorce, including child custody, spousal support, asset division and child support. Agreements that had once heavily favored one gender will switch hands on a more regular basis, which may make divorce a more equitable process for men and woman across Florida.
Source: The Sacramento Bee, "More Women Paying Child Support And Alimony," May 8, 2012
]]>Spy gadgets are readily available in stores and on the Internet, often at an inexpensive price. These devices are quite often just as easy to use as they are to obtain. While "teddy bear nanny cams" have become widely-known over the last several years, domestic spying technology has evolved considerably since that product was first made available.
]]> Meanwhile, domestic snooping is becoming more and more of a concern for divorce professionals nationwide. While using this technology may seem to be helpful in some cases, it can also cause a lot of strife. Additionally, some forms of spying fall into a legal gray area, which may prevent any evidence gathered from being admissible in court anyway. Furthermore, some domestic spy activities could result in criminal charges.Because the use of domestic spying raises so many complex legal questions, observers warn against using such measures when trying to gain an advantage in divorce. Though gaining evidence to use against your spouse may seem like a valuable endeavor in the short run, it could wind up doing more harm than good. If you are found to be participating in unscrupulous activities to obtain information, there is no reason a family court judge would deny your claim for child custody, or some other important aspect of your case.
Moreover, acting wisely may be the best way to achieve a fair divorce settlement. During the middle of divorce, it may be difficult to collaborate with your spouse. However, if you have children, this may be the best way to protect their interests and create a healthy life for them after your divorce.
Source: Houston Chronicle, "Spy gadgets infiltrate divorces as domestic snooping booms," Mike Tolson, April 29, 2012
]]>For Florida couples looking to divorce, though, is a quick fifteen-minute sit-down with one of these professionals enough time to form an accurate assessment of how these professionals can provide assistance?
]]> In the process of divorce, many regrettably find themselves in situations where information is not presented clearly. As a result, individuals end up in potentially damaging situations that not only impact them during divorce proceedings, but down the road as well.Settlement negotiations are often complex, and involve many factors concerning individual and jointly-held assets, in addition to considerations for any minor children involved. The basic process of considering various professionals to assist you through your marital dissolution may be beneficial to avoid these possible roadblocks.
However, a high-pressure, fast-paced situation may not be enough time to properly assess someone's skills and qualifications, especially when this person is going to handle something as delicate as a high-asset divorce. It is unclear how much valuable information one could garner from a 15-minute session with divorce professionals, yet it is often seen that when a task has a time limit there is a potential for error or overlooking of some factors that could lead to miscommunication.
Florida couples seeking divorce may benefit from the process set forth from these "speed divorcing" events, but may benefit by gathering vital information before finally choosing someone to handle the complex process of their divorce.
Source: CNBC, "Speed Divorcing: Like Speed Dating, Only ...," Cindy Perman, April 24, 2012
]]>One well-known couple is learning the lessons of property division the hard way. Tareq and Michaele Salahi, who grabbed the nation's attention when they crashed a presidential dinner at the White House in 2009 are involved in litigation surrounding their widely-publicized divorce. This past fall, Michaele separated from her husband and reportedly started a relationship with the guitarist from Journey. In December, Michaele filed for divorce. Since then, the former couple has been struggling with several financial issues.
]]> In particular, Michaele opposes paying for certain expenses that occurred before she filed for divorce, such as a home mortgage and other debts. According to financial records, Tareq borrowed $506,400 in 2006 for a 30-year home mortgage, even though the value of the home is currently estimated at $392,300. This house was later foreclosed and scheduled to be sold this month in a foreclosure auction. Tareq also went on multiple vacations to destinations around the globe.Most recently, a court dismissed Tareq's attempt to collect $50 million from his wife to help ease the burden of the debts for which he is responsible. There is an option for him to appeal the decision, but that currently looks unlikely.
For the Salahis, many things remain unresolved as they work toward finalizing their divorce and how they will determine what is considered a fair and equitable division of their assets and liabilities. While their case might receive more publicity than most, many Florida couples face similar problems as they go through their divorce. When couples prepare to dissolve their marriage, communication and cooperation with each other may be the difference between a swift, fair divorce and months wrapped-up in litigation.
Source: Northern Virginia Daily, "Michaele Salahi wins key court battle against husband," Joe Beck, April 17, 2012
]]>The custodial parent, the parent who the children spend a majority of the year living with, is typically the parent who is able to claim their child as a dependent for tax purposes. This may not be the most intuitive situation, especially if the non-custodial parent provides significant child support.
]]> The custodial parent is able, though, to concede their right to claim dependency to the non-custodial parent under certain circumstances. For this exception to apply for a divorced couple, several requirements must be met by the non-custodial parent. First, more than half of the child's yearly support must be provided by one or both of the parents. The parents must also have been legally divorced under a written declaration by the end of the tax year and have lived apart for at least the last six months of the year. The custodial parent is then able to sign documentation to legally transfer tax-dependency status of the child to the other parent.In this way, the non-custodial parent is able to gain the dependent-exemption deduction as well as the child tax credit, which together can total a significant amount of money. The financial boost of these tax exemptions can be extremely beneficial to a parent. If a divorced couple has an amiable relationship, these sorts of agreements may work well if their individual circumstances warrant such action. Above all, divorced Florida couples often benefit from working together to peacefully settle issues involving their children, including income tax questions.
Source: The Wall Street Journal, "Who Gets the Child Tax Breaks After a Divorce," Bill Bischoff, March 31, 2012
]]>In today's world, the expectations of marriage have changed, including the traditional roles for men and women, from what they once were. A lot of stay-at-home parents were never given the chance to really utilize their skills in a workplace environment and may harbor some desire to explore their professional options. Those affected may feel their marriage simply isn't supporting them in the way they believe it should, and consequently they seek a change.
]]> Even so, many of those among the baby boomer generation who are divorcing have been through at least one divorce in their lives already. The ideas and values of these couples and their generation perceive marriage to be about seeking happiness rather than financial stability or child rearing, says a 2010 Pew Research Center study. For them, divorce then becomes a result of that desire.For any Florida couple, whether a baby boomer or not, a divorce settlement can also generate financial difficulty. Regardless of the cause for the divorce, seeking happiness or otherwise, baby boomer couples often don't have the same financial security measures that their parents had before them. Even affluent couples may find financial complications as a result of divorce due to complex asset division issues, and it is often that careful financial and legal planning can help ease these difficulties.
Source: The Sacramento Bee, "Baby Boomer couples are divorcing at record rate," Rick Montgomery, April 2, 2012
]]>Currently, courts may consider military deployments a reason to rule against a parent who is a service member when determining what sort of custody arrangement will prevail. A new bill is under consideration in the U.S. House of Representatives that would prohibit courts from using military deployment against a service member in these circumstances. To qualify, the service member's orders would have to prohibit bringing the family along, and the deployment would have to last between 60 days and 18 months. Additionally, if a child were transferred to the custody of another while the service member was deployed, the pre-deployment custody arrangement would have to be reinstated upon the service member's return.
]]> The sacrifice that military service members make shouldn't be punished by limiting their involvement in the lives of their children. Florida parents in similar circumstances will likely consider what is truly in the best interests of their child when negotiating custody terms. If the legislation is enacted into law, it will limit the ability to compromise custody rights simply because of a career choice in the military that entails deployment orders as a condition of that service.Source: The Washington Post, "Proposal would protect custody rights during deployments," Timothy R. Smith, March 19, 2012
]]>Cohabitation agreements can help to avoid often lengthy and expensive disputes by establishing a clear framework as to how a long-term couple's shared assets should be divided and other important arrangements will be made. Additionally, this type of arrangement provides several benefits. An agreement like this can help support one of the members of the couple should they have quit work to take care of children before a break up occurs. In the same vein, a cohabitation agreement could address situations where one member of the couple has a significant amount of debt that could potentially be left on the shoulders of their partner.
]]> Whether intending to marry someday or not, Florida couples could benefit from a co-habitation or prenuptial agreement. These agreements protect both members of a couple in the event they decide to split up at some point. For those considering this type of an agreement, observers believe the optimal time to negotiate a legal agreement such as this is when a couple decides to move in with each other.Source: CNN Money, "Prenups aren't just for married couples anymore," Jessica Dickler, March 20, 2012
]]>As we reported last month, advocates and opponents of alimony reform have been working to make their viewpoints understood. In addition to Florida, other states have considered reforming their alimony requirements, or have already passed changes, to be based on the length of the marriage as well as the income of the parties involved. There are currently reported cases, under laws viewed as outdated, where alimony payers face bankruptcy because they cannot afford to make these lifelong payments. Some obligations may also prevent payers from retiring, as they are forced to work to pay support during the lifetime of the ex-spouse. According to reform supporters, these financial issues not only affect the payer, but their families as well and can have lasting consequences, so that is why they will continue urge legislators to reform the current statutes.
]]> Florida divorcees and alimony payers would benefit from understanding the current laws and regulations involving their spousal support obligations. They may also gain from staying up to date on reforms if they are passed into law, and how these reforms may affect their alimony and divorce settlements. It may well be that existing laws or proposed alimony reform specifically authorizes the right of an individual to apply for a court-ordered modification of a payment that is no longer within the means of the person ordered to pay. Conversely, those awarded alimony, as well as those seeking it, will want to pay attention to any potential changes in the law as they seek to protect what they view as a fair level of spousal support.Source: MarketWatch, "Florida Alimony Reform Group Vows to Fight on Despite Setback Ending Permanent Alimony," March 12, 2012
]]>While this problem was not necessarily widespread, not receiving these needed support payments is a serious problem for families that rely on them. The state Department of Revenue claims the issues center around the installation of a new federally mandated computer system and the "learning curve" that comes with it, and that the problems should be resolved soon. However, at least one person owed support payments claims the problems date back to 2007 and was not actually resolved until news reports recently highlighted the agency's apparent gaffe.
]]> Regardless of whether the delay or lack of child support payment is the fault of the paying parent or a government agency, it can cause many problems for a Fort Lauderdale parent in need of these payments to provide what is needed to raise a child. Child support exists so that the best interests of the child in question are upheld, so it is understandably difficult and stressful when these payments do not arrive. Luckily, particularly when it is a parent withholding payment, there are a number of legal options to help a custodial parent collect what is rightfully due to them.Source: Tampa Bay Online, "Complaints hit Revenue Department over child-support delay," Keith Morelli and Natalie Shepherd, March 5, 2012
]]>In the past, no judge or court ignored the influence of a parent that smokes cigarettes on a child in custody agreements. Now, however, the factor of tobacco smoke is becoming a legitimate and heavily considered factor in deciding which parent can provide a living environment that is in the best interest of the child.
]]> Florida parents are likely already aware of the dangers of smoking to their own health, as well as the dangers of second-hand smoke to others around them. It is also important to understand that smoking may play a large part in the settlement of child custody litigation. And in some cases, child custody terms are re-evaluated when it appears a parent is placing their child in a dangerous health environment due to cigarette smoking. This is particularly a concern when the child exhibits any sort of respiratory issues that are exacerbated in the presence of second-hand smoke.Some courts require parents to quit smoking several days or weeks in advance of the arrival of a child in their home, and some may require quitting completely to maintain, or regain, partial or full child custody. It doesn't hurt to quit smoking with the knowledge that the process of settling custody is on the horizon, but often courts are not convinced that the parent will remain smoke-free after a custody determination is made. Florida parents in this situation would benefit from being well aware of the weight their smoking habits may have concerning their custody rights, and may want to take steps to address any issues that may arise in future court proceedings.
Source: The Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012
]]>Due to an inability to agree upon where and how the custody dispute is heard, the state agencies of Florida and Arkansas must decide which state agency will oversee visitation and child custody aspects of the litigation. The Florida judge has indicated that the main concern at present is returning the child to a life of as much normalcy as possible.
]]> After his mother originally removed him from Florida, he was subsequently placed in foster care in Arkansas with visitation rights awarded to the mother. As the parents in question are unable to come to an agreement, a decision must be reached as to which state will hear the matter and which state's child and family services agency will be the lead agency in ensuring that court orders are followed.In child custody cases, the sense of normalcy and stability for the child is the most important thing. In circumstances such as this, where two court systems are handling similar versions of the same case, a determination must be made as to which state has jurisdiction. This case has yet to be resolved, and the Florida Department of Children and Families will likely have to work with the Arkansas Department of Human Services to agree on which states' court system will decide the litigation. Such an agreement should simplify matters and hopefully return McCready's son to a desired sense of normalcy as quickly as possible.
Source: The News-Press, "Lee County judge calls Mindy McCready case 'nuts,' wants states to agree on plans," Ashley A. Smith, Feb 21, 2012
]]>At first, the alimony reform bills, in both the House and Senate, included provisions to eliminate adultery as a component of determining spousal support and set strict limits on how long alimony would be paid. Furthermore, the bill would retroactively affect previously determined alimony settlements. Critics of the original bills argue that they were an attempt to get spouses out of their duty to pay alimony.
]]> After concerns from activists and the Florida State Bar were voiced, the Senate has altered the bill by removing the previously mentioned provisions. The new proposal would still allow "long-term" alimony payments, but would limit the instances of permanent alimony. This bill puts more power back into the hands of judges directly presiding over divorce cases.While critics of existing laws may have valid criticisms of how alimony is determined in Florida, there are others that urge caution while overhauling alimony. Organizations, such as the State Bar Association, support reform, but with the modifications made by the Senate.
When Florida's alimony statutes were passed many years ago, family dynamics and gender roles were much different than they are today. Taking that into consideration, it is important that laws reflect the nature of today's families, but that does not necessarily mean that alimony laws should stray too far from their intent. Alimony payments are designed to help a divorced person adjust to their altered financial situation resulting from their divorce. In the ideal scenario, alimony payments are set at a level that balances the financial needs of both spouses.
Source: Orlando Sentinel, "Senate committee waters down divorce-law rewrite," Kathleen Haughney, Feb. 9, 2012
]]>There is no way to completely avoid emotions during divorce, but there are ways couples can deal with their emotions to reach an amicable settlement. Too often people use divorce court proceedings as a way to exact revenge on their ex-spouse. Unnecessarily letting emotions get in the way of a fair settlement can cause court proceedings to drag on, which only exacerbates emotions.
]]> Initiating divorce proceedings in the correct way can set the course in the right direction. Certainly, there may be legitimate feelings of anger leading up to a divorce, but if you set the tone of proceedings as amicable and professional, you can avoid further emotional turmoil and making the divorce unnecessarily costly.The most important distinction to make here is that divorcing couples need to "manage, not control," their emotions. Managing emotions does not mean snuffing out any feelings whatsoever; that's not healthy. Finding supportive friends and family and knowing the appropriate venues to deal with emotions is of the utmost importance.
When couples have significant marital assets to split up in a settlement, the desire for people to "make their ex pay" can arise. Financial matters are very important, and that's exactly why divorcing spouses must manage their emotions while divvying up their assets. That way, the settlement will more likely be fair and put both individuals on the path to the next phase of their lives.
Source: The Huffington Post, "Emotions Can Suck Your Wallet Dry In Divorce," Susan Pease Gadoua, Feb. 10, 2012
]]>Over the last year, there have been a number of unexpected celebrity divorces. Arnold Schwarzenegger and Maria Shriver, married for over 20 years, announced they would be getting divorced last year. They have built a family and own purchased a large home nearly 10 years ago. Another long-term couple, Heidi Klum and Seal, have a home they bought for over $14 million within the last two years.
]]> In addition to the monetary value of these celebrity homes, they have immense emotional value as well. Both of the power couples have been together for several years and have multiple children. Not only could this reality make property division more difficult for the spouses, but it underscores the necessity that the couples take the right steps when splitting up their marital property.Celebrity divorce cases can offer insight into any divorce. The same questions Russell Brand and Katy Perry ask themselves when they are dealing with their home, might be the same ones you might ask as you are going through the divorce process. If there is still a mortgage on the home, then who will assume responsibility for payments? Will the parent with primary custody of the children take the house? Or should the house be put on the market? These are practical questions any divorcing couple with real estate should ask themselves.
When a couple decides that a divorce is the best option for them, seeking the advice of a knowledgeable legal professional can ease the stress that often accompanies divorce. Dividing up property can be tricky, so it's often useful to have a helping hand to guide you into the next stage of your life.
Source: Forbes, "Homes of the Heartbroken: Divorced Celebs' Houses," Feb. 2, 2012
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