Judges are handling heavy caseloads, forcing courts to defer hearings and testimony. Extensions mean more time investment for attorneys and additional legal fees for clients, who also may be sacrificing income to meet multiple court dates. Court delays also prolong divorce resolutions, creating economic and emotional havoc for families.
]]> A survey by the New York Bar Association found that the implementation of no-fault divorce and support guidelines have been offset by 2011-2012 staff-slimming court budget cuts of $170 million. State rules want divorces resolved within a year of a petition filing, but budget constraints have clogged court dockets. Some divorcing couples in New York now wait up to a year to enter divorce court.While courts are ham-stringed by financial and staffing limitations, the number of divorce cases has increased. The state Office of Court Administration reported that over 1,200 additional contested divorce petitions were filed last year than in 2008.
One group of state matrimonial attorneys felt some of the backlog might be eased if fewer divorces went to trial. Divorce mediation and collaboration are suggested alternatives to court contests, if spouses are willing to work it out beyond the courtroom.
A couple divorcing in New York may have to decide if their bones of contention are worth the added time and legal costs associated with the slow state judicial system. Coming to terms outside of court with help from professional mediators and negotiators might be a workable divorce solution. The alternative could be a very long wait for ex-spouses and families to move on to life after divorce.
Source: recordonline.com, "Divorces in New York eating up time and finances," Heather Yakin, May 5, 2012
]]>The marriage partners who desire the smoothest possible transition from marriage to singlehood do not always choose mediated or collaborative divorce. Many are too stressed during the end of the marriage to consider the back-and-forth compromises required in high-contact divorce meetings.
]]> Some couples simply hope for an efficient breakup without prolonged dealings with an ex-spouse. Couples in this situation sometimes outline a divorce settlement before seeking legal help and depend upon attorneys to make sure the deal is fair. Advisors suggest this is wise. Spouses may not understand the rules attached to the division of two lives, especially the separation of assets like real estate holdings and retirement pensions.Emotions often play a large role in decision-making during divorce. Objective legal counsel can help two people streamline their divorce without jeopardizing the futures of the ex-partners and their children.
Couples in search of a fast-but-fair divorce sometimes want to avoid extended negotiations to spare children excessive hardships. The plan can be a good one, if the design is for spouses to move toward agreeable post-marriage co-parenting.
Some divorcing spouses want to reduce the chances of legal conflicts by having only one partner hire an attorney. While it is against the Rules of Professional Conduct for lawyers to represent both sides in a divorce, courts are sensitive to the rights of spouses without legal representation in divorce proceedings.
When it comes down to it, however, a person may want to consider hiring their own lawyer to review the divorce settlement for fairness, even if the attorney is not in the courtroom at the time of a judge's review. It's important to make sure that all the details are in order so nothing unexpected comes up in the future.
Source: The Huffington Post, "What Is A 'Surgical Divorce' And How To Get One," Laurie Israel, May 3, 2012
]]>Such was the case with the ex-president of Yahoo, who split from her husband five years ago after sharing three children and 15 years of marriage. Four years of publicly-recorded accusations of spousal unfaithfulness, asset mismanagement, drug use and secret electronic surveillance ended when the ex-spouses resolved their divorce differences one day before a scheduled trial.
]]> Assets, not child custody issues, were not at the center of the couple's argument. The spouses accumulated valuable real estate during their marriage, including a house and condo valued collectively at $11 million.The 49-year-old former president of Yahoo abandoned the couple's marital property three years ago. The ex-husband, a 52-year-old retired investment banker, remained in the residence during the divorce litigation.
A court signed off on the couple's 15-page agreement that finalized the $70 million asset division between the ex-spouses. The couple's shared real estate investments will be sold and the profits divided.
The former spouses agreed to split stock investments and sell off an expensive sports club membership, while retaining three others. Each spouse will receive $750,000 from a disputed investment account. The negotiated divorce settlement also included an agreement to maintain a $2 million trust fund for the children and a separate education fund for an equal amount.
The terms of the contract require that neither spouse seeks alimony. Spouses will be responsible for their own legal fees.
Legal representatives for the ex-spouses, who did not meet in court to hear the divorce plan approval, said the couple concluded that several years of divorce warfare should end for the sake of the children. The court applauded the couple's "maturity and judgment" in coming to an agreeable, lasting settlement.
Source: mercurynews.com, "Ex-Yahoo president and husband agree to split millions in final divorce settlement," Gary Klien, April 23, 2012
]]>Divorce papers were filed recently for the "Dog Whisperer" Cesar Millan and his wife Ilusión. The couple has been married 16 years, successfully partnered in business ventures and parented two sons.
]]> Mexican-born Millan is an author, the owner of a 40-plus acre psychological center for dogs and the long-time host of the globally-broadcast television show "Dog Whisperer" on the National Geographic Channel. The 42-year-old owns a separate corporation that includes a charitable foundation, a dog-products business and an outlet for personal, public appearances and seminars. The "Dog Whisperer's" yearly income from television and side businesses is reported to be more than $2 million.Ilusión, who contributed design and administrative work for Cesar Millan Inc., has asked the court for an up-front $400,000 payment from her husband. She requested continued payments of $23,000 and $10,000 monthly for respective alimony and child support.
Divorce documents give no clue as to Ilusión's ongoing participation in any of her soon-to-be former husband's businesses.
The Millan's original divorce papers, filed in the summer of 2010, stated the couple separated after their first son was born. The spousal business partners later reunited, although the Cesar and Ilusión Millan Foundation was renamed and shortened to include only the couple's last name.
One stipulation in the recent petition that is commonly included among divorce agreements among the rich and famous is a privacy contract. The new divorce papers filed for the Millan's insist that each spouse maintains confidentiality about the parties' personal information, affairs and relationships. Non-commercial images and recordings of the divorcing spouses are to be kept private to prevent unwanted attention from the media and the public.
Source: news.yahoo.com, "'Dog Whisperer' host finalizes divorce, must pay ex-wife $23,000 a month," Wendy Carpenter, April 21, 2012
]]>Advisors recommend that spouses, working to untie complex financial knots during divorce, seek the expertise of lawyers with solid understanding in the complicated ins and outs of marital property division.
]]> Retirement benefits are assets that often defy a simple and clear split. The provisions for distribution vary with different types of retirement plans and can supersede court orders issued to divide them. Finding a legal resolution for a conflict between a court-issued Qualified Domestic Relations Order and a stubborn benefits plan can be an expensive, time-consuming and even fruitless journey.Divorce lawyers with long asset-division experience create solutions for pension benefits' separation that help spouses avoid costly legal backtracking. Some retirement plans are indivisible and immune to QDROs, which are court orders clearing the way for pension benefits to be paid to someone other than the employee-account owner. A court order cannot change the pay-out method of a pension plan that forbids division of benefits.
Many U.S. employee retirement plans are "qualified" and can be split during divorce without problems. The exceptions are some local and state-level government plans and non-qualified retirement plans that impose unshakable restrictions on payment of benefits.
Divorcing spouses are advised to establish whether a divorce attorney has the knowledge to handle the intricacies of retirement benefits division. Clients can make the asset division process easier by supplying divorce lawyers with as much information as possible about pension plans in question.
In some cases, an attorney may suggest the hiring of a financial expert to make certain no subtle details of a retirement plan are misinterpreted during a divorce settlement. When it comes to the spousal division of pension benefits, legal advisors and clients can never be took picky about making certain the plan is divisible.
Source: huffingtonpost.com, "How To Make Sure Your Divorce Lawyer Does Not Screw Up Your Retirement Benefits," Emily W. McBurney, April 12, 2012
]]>The court battle over an ex-husband and wife's investment account began in 2009. The lawsuit was launched in a Manhattan courtroom the same year financial swindler Bernie Madoff was convicted and three years after the couple's divorce decree. A trial judge dismissed the case, but the ex-husband, a real estate attorney, kept the suit alive in appeal.
]]> The New York couple, married nearly 30 years, agreed to a separation a decade ago. A divorce followed in the summer of 2006. Among the investments the couple held together in marriage and split in divorce was an account with Madoff valued at $5.4 million. The wife opted to cash out her share of the account value, $2.7 million, while the husband decided to keep his remaining share locked up in the investment. With the discovery of Madoff's wrongdoing, the former husband's investment became worthless.The divorced husband wanted to undo the divorce settlement to get back some of the money he lost. A second, higher court agreed that the ex-husband had a case to try to prove his former wife was "unjustly enriched" during property division.
The recent ruling by New York's highest court agreed with the original trial judge. The court said the husband was in control of his asset and had two years, from the time of the divorce until the collapse of the Madoff account, to decide how to invest.
While the court sympathized with the former husband's losses at the hands of a financial fraud artist, it did not burden the man's ex-wife with the problem. The written decision likened the ex-husband's misfortune to the devaluation of any other value-volatile, post-divorce asset.
The Madoff investment contained risk, one the divorcing husband agreed to take and one the ex-wife did not. The couple's the settlement included an account value determined at the time the marriage dissolved. It did not anticipate what the account might be worth based upon the future actions or inactions of the spouses.
Source: bloomberg.com, "Madoff Victim Can't Revise Divorce Deal, Appeals Court Says," Chris Dolmetsch, April 3, 2012
]]>Documents entered in court say Rodman is unable to pay back spousal and child support because he is out of money. The former Chicago Bulls player is also an apparent tax scofflaw, back-owing a reported $350,000 in taxes.
]]> The case against the 50-year-old unemployed ball player was initiated by his third wife, who until recently was trying to patch things up with Rodman, the father of her two children.Rodman's finance manager said the athlete's addiction to alcohol keeps him from securing jobs. The consultant said Rodman's drinking problem, publicly exposed on the television program "Celebrity Rehab with Dr. Drew," worsened after the former player's wife filed for divorce. The ex-NBA player's financial advisor says the aging athlete has been in pain since the divorce petition was entered and is "extremely sick."
Rodman is best known for his skills on the Chicago Bulls basketball court and his flamboyance. Outspoken remarks and unconventional behavior kept the athlete in the public eye for years. Rodman was featured on television's "Celebrity Apprentice" among other shows and penned a book showing the athlete dressed in a lavish wedding gown.
Rodman's second wife was model and actress Carmen Electra. His third marriage was on-again, off-again until last month when Rodman's wife, Michelle, filed for divorce. The retired NBA player reportedly was ordered to pay $50,000 per month in child support for the two children Rodman fathered with his third wife.
Dennis Rodman's finances are not totally under water, at least in comparison to other athletes at this stage of the retirement game, according to the former athlete's business manager. The business advisor admitted the ex-ball player's income spiralled down considerably after he left the professional basketball court in Chicago.
Source: nydailynews.com, "Dennis Rodman can't pay child support because he's broke, is battling alcohol addiction: report," Joyce Chen, March 28, 2012
]]>Deceptive spouses may hope to ignite emotional confusion, according to some divorce and money experts. Analysts assert that sneaky tactics in marital asset division happen in more marriages than many divorcing spouses realize. However, Brooklyn residents may find that gaining financial instruction and seeking legal help are tools spouses can use to make sure a property settlement is equitable.
]]> The author of a legal primer for uncovering hidden assets, The Forensic Accounting Deskbook, believes some spouses -- most of them women -- fear to acknowledge, suspect or accuse an ex of shady money patterns.The most vulnerable spouses have little knowledge of the marital money flow. If one spouse controls finances, assets are easier to hide. Some manipulative spouses leave signs of money misappropriation that can lead to secreted income or debt.
Spouses who downplay or refuse to share financial information could be trying to hide transactions or accounts. Blocking, deleting or removing financial data from a home computer makes a spouse suspicious.
Sudden spending extremes to deplete a credit line may be part of a plan to upset the asset cart before divorce. A reported downward spiral in the value of a business or stock portfolio signals an attempt to falsely devalue assets.
Asset hiders like financial privacy preferring separate mailing addresses, safe deposit boxes or bank accounts that unaware spouses are not supposed to find or access.
The goal of a spouse who juggles marital books is to appear poor with an insurmountable debt load in time to avoid sharing marital property or paying support. Stashing cash without recording it, deferring income or revenue and selling or lending an asset to a relative or friend are methods asset tricksters use. Legal experts say some spouses begin to manipulate money long before divorce is a consideration. Hints of money misappropriation exist, but are deciphered only when a spouse chooses not to ignore them.
Source: forbes.com, "21 Signs That Your Husband May Be Hiding Marital Assets During Your Divorce," Jeff Landers, March 20, 2012
]]>Income disparity between divorcing spouses was the impetus for the temporary alimony formula. The formula was designed to correct a lack of uniformity among judges and financially protect vulnerable, lower-income spouses.
]]> Some legal analysts say the same law that watches out for the poor is bankrupting richer spouses who pay spousal maintenance.The state's Law Revision Commission is studying the no-fault divorce law. The commission will make non-binding recommendations this spring that could influence how lawmakers feel.
Before the initiation of the no-fault divorce law in New York, judges had more freedom to set spousal support guidelines. The institution of formula-based temporary alimony gave judges less wiggle room. A judge who wants to rule outside the formula is required to author a written explanation, something over-burdened judges have little time to do.
Spousal salaries are the primary ingredient in determining how much support is paid.
Opponents of the law as it stands say well-off spouses, whose income can be based on a complex calculation, are hurt by the formula. Complaints say the law is too rigid and not reflective of large shifts of true income for highly-paid spouses.
Lawmakers are calling for calm from critics who want the alimony restrictions loosened and formula-proponents who say the guideline is needed. Several legislators say the formula within the no-fault divorce law was set up as an experiment and will change as its flaws become apparent.
The eyes of spouses, critics, proponents and lawmakers are on the findings of the Law Review Commission, due in April. Every party with an opinion on the temporary alimony formula wants a fair solution that covers the divorce of spouses at every income level.
Source: The Wall Street Journal, "Divorce Law's New Cut," Sophia Hollander, March 12, 2012
]]>The plan for federal benefits to move to direct deposit includes benefits for veterans, disabled individuals and Social Security recipients here in Brooklyn as well as elsewhere throughout the country. Once the benefits are deposited in an account, states can freeze and seize the income to pay back-owed child support.
]]> The federal department of Health and Human Services is at a crossroads. On one hand, the switch to electronic transfers in March 2013 could save the federal government $1 billion over a decade. The program could also backfire by impoverishing already-struggling, non-custodial parents, making it less likely that they can ever meet their financial obligations. Once federal benefits are paid directly to bank accounts, it is estimated that as many as 275,000 people will have no income.Legal representatives and advocates for rethinking the freeze and seize rules say many non-custodial parents do not pay because they cannot afford it. Disability, eviction, imprisonment, foreclosure, unemployment and institutionalization block ways for parents to stay current with support.
Some opponents of the federal switchover say child support arrears owed by many poor parents will end up in states' hands, rather than help children. In some cases, children have outgrown support orders. Delinquent payments on old cases are filled with interest and fees imposed by state governments.
Federal benefits of non-custodial parents owing support may be garnished before they are issued by up to 65 percent under current rules. The limit disappears if the benefits end up in a bank account.
Making a parent poor to pay a child is not considered productive. Government statistics say 75 percent of parents who owe the most back child support are the poorest, with incomes of less than $10,000 a year or no income at all.
HHS is trying to strike a compromise that allows states to access some of the benefits of non-custodial parents without wiping out the parents' entire income.
Source: timesreporter.com, "Rule could leave child support debtors no income," Feb. 27, 2012
]]>Choosing a divorce attorney in Brooklyn, or elsewhere in the state, may come at a time when trust is difficult to give. Experts agree that the integrity of a lawyer-client relationship during a divorce action is essential. The correct choice for legal representation comes down to personal preference.
]]> Selection of a divorce lawyer frequently starts with a referral from a friend, colleague or family member. In the absence of a personal referral, an attorney directory or a local Bar Association can suggest lawyer options.A divorcing spouse who asks for suggestions from a trusted circle has a basis from which to work. Divorce advisors recommend following up the referrals with an attorney meeting. The interview is an opportunity to gauge the level of a client's legal needs against an attorney's experience and expertise.
A consultation determines a comfort level, which starts at the point of contact. If an individual feels accommodated after calling an attorney's office, the legal relationship is off to a good start. A voicemail trail and limited lawyer availability are signs a case may not receive adequate attention.
A spouse should develop an outline of known issues that may affect the divorce before entering a consultation. Some documents, like court orders and prenuptial contracts, are useful at a first meeting. Initial discussions include a spouse's goals prior to divorce and an after-marriage plan that can address child custody, support or asset division issues.
Attorneys are bound to keep information a client provides private. The assurance of confidentiality invites openness. A divorce lawyer's advice is dependent on a client's truthfulness and full disclosure.
Hiding or obscuring facts does not help. Attorneys are not judges. They develop legal strategies for all types of divorce scenarios. Neglecting to share awkward marital details can weaken a case.
Inquiring about an attorney's credentials, experience and pay structure is recommended. Responsive divorce lawyers who suggest realistic outcomes and maintain regular client contact are preferable to attorneys who exaggerate results.
Source: huffingtonpost.com, "How To Interview A Divorce Lawyer," Lloyd C. Rosen, Mar. 3, 2012
]]>The daily apologies, scripted by a domestic relations magistrate, began running on the estranged husband's Facebook page in mid-February. The husband, who is engaged in a divorce and child custody dispute, is appealing the ruling on grounds of violation of free speech. The soon-to-be ex-husband believes that the court-ordered, magistrate-written apologies are false statements and objects to being forced to post them on a website accessed by his friends.
]]> According to the man's attorney, comments that were written and posted by the husband in November were not threats, but opinions. The lawyer stated that the website postings did not name the estranged wife nor were posts directed toward her.The wife was blocked from the husband's Facebook page but learned of website's contents. A month after the comments were put online, the wife asked a judge to find her spouse in contempt of a protective order preventing the husband from annoying, harassing or abusing her.
The husband admitted he was frustrated with legal obstacles that prevented him from desired visitations with the couple's 17-month-old son. The court allows the father to see his son twice a week.
A magistrate backed the wife and gave the husband an option. The estranged husband could spend 60 days in jail and pay a $500 fine or post the pre-scripted Facebook apologies and pay the wife's legal fees.
The judge felt the husband's Facebook comments about "an evil, vindictive woman" encouraged the husband's online social circle to engage in a "venomous response."
A mid-March court date is set so the husband can prove to the court that he posted the apologies as ordered.
Source: washingtonpost.com, "Court tells man to apologize on Facebook for comments about estranged wife or go to jail," Feb. 25, 2012
]]>Social and media analysts are searching for reasons that couples part after spending all or much of their adult lives together. One clinical psychologist acknowledged that many of the older couples in his practice were headed toward divorce. He noted that some clients felt a need to break free of marriage as retirement approached while they still enjoyed robust health.
]]> The relationship therapist said older couples often want to avoid the stereotypes of aging. Medical science has extended the human life span. Older people are healthier longer. Some are ready for change, including divorce.Divorce after a certain numbers of married years was once a rare event. Today, divorce lawyers see couples who have been together for 20, 30 or more years calling quits on their marriage.
Statistics from 2010 support the upswing in long-term, failed marriages that psychologists and attorneys see. The data shows that one in four couples, married at least 20 years, divorce. The U.S. Census Bureau reported that less than half of those who married in the mid and late 1970s were still married after 25 years.
When couples who have been together a long time do divorce, finances are often deeply interwoven. Accumulated assets like pensions, insurances or properties are usually much more valuable and harder to split than for couples who divorce at a younger age.
Divorcing at an older age, from a long-term marriage, may bring a renewed feeling of freedom. Legal and money advisors add that the emotional break from marriage is frequently accompanied by a not-so-attractive, financial fresh start.
An older couple who physically splits must consider big-ticket housing and transportation needs as separate individuals. Medical care and the expense of a solo retirement lifestyle are among long-range considerations for couples divorcing after decades.
Source: fox23news.com, "Divorce after decades," Julie Tremmel, Feb. 17, 2012
]]>One in every four divorces involves a baby boomer couple, according to the National Center for Family and Marriage. It also found that 66 percent of baby boomer divorces were initiated by women.
]]> Why the increase in women wanting a divorce?A majority of women become more active as they get older since they no longer have to take care of young children and their family as much. On the other side, men tend to slow down at this stage so the couple may no longer feel as compatible.
Many older couples are also left feeling strained once the kids go to college or when a loved one or pet has passed away. This leaves one spouse, often the wife, wanting a divorce. Earlier, many marriages ended due to infidelity or financial issues. Now, baby boomers realize their relationships are boring and unfulfilling once the children grow up and move out.
The increase in baby boomers getting a divorce can also be attributed to women wanting fulfillment at this stage in their lives. Around age 50, women and men tend to re-evaluate their lives. This results in many couples realizing there life isn't what they expected or wanted.
Many women in their 50s feel like they can reinvent themselves and they don't want to continue the life of endless housekeeping duties. They also feel stronger and more confident that they don't have to rely on a man as much.
It is not just women wanting a divorce, but the increase in female baby boomers wanting more independence and the ability to find their own happiness has dramatically increased the rate of divorces for baby boomers within the last few years.
Source: Palm Beach Post, "After age 50, women are divorcing at double the rate of 20 years ago," Barbara Marshall, Feb. 7, 2012
]]>Mayor Michael Bloomberg announced that overdue support collections from non-paying parents increased by more than half during his 10-year political term, up 53 percent since 2002. An average of $4,000 was added to child support received by New York custodial parents in 2011 through the efforts of the enforcement agency. The bulk of the retroactive support payments were harnessed through wage garnishment of noncustodial parents.
]]> The Office of Child Support Enforcement collected back-owed support for 175,000 families last year. The mayor emphasized that the owed and paid support would be used to ensure that children are better fed and housed.Increased collections are one part of the city's child support program. Another segment, known as the Mayor's Young Men's Initiative, helps non-custodial parents find jobs and manage finances to make sure child support gets paid.
A 21-year-old mother is proof that the job-procurement program works. The single mother told audiences at a recent public gathering that the city agency helped her son receive a substantial support increase by referring the boy's father to an employment program. The job program paid off. The boy's father found work as a driver. The custodial parent's support payments increased from $25 to $100 a month.
Another facet of the child support enforcement program works with law enforcement agencies. Criminal suspects are matched against a deadbeat parent list to find out if there is any history of child support delinquency.
It is important during child support cases that the amount is fair and reasonable for both parties. If the amount being taken from the noncustodial parent is higher than what it should be due to a change in circumstances, it is important for the parent to pursue a possible modification of support. It is better to have the support modified to meet the paying parent's current income than to have them not pay any child support at all because it is now beyond their means.
Source: nydailynews.com, "City gets $731M for kids from deadbeat dads," Tina Moore, Feb. 8, 2012
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