While some couples are putting off divorce because they can’t afford it, the situation is different for moneyed clients. Since their assets are worth less, a lot of monied spouses believe the time is ripe to divorce because they will have to give less to the other spouse. This may be especially true where the more financially empowered spouse wants to keep the marital residence and their 401(k) and other retirement plans.
The following article, appearing in Time Magazine recently, relates to postings on Facebook and their relation with divorce and family law matters.
"Not long after Patrick told his wife Tammie he wanted a divorce, she posted an angry, hurt note on "the wall," or public-comments section, of his Facebook page. Embarrassed that his colleagues, clients, church friends and family could see evidence of his marital woes, he deleted it and blocked his wife from seeing his page. A couple of days later, the IT worker in Florida--who asked that his last name not be used in this story — found alarmed messages from two Facebook friends in his inbox. Tammie had used a mutual friend's account to view Patrick's wall and e-mailed several women he had had exchanges with. He says her e-mails were borderline defamatory. She says they merely noted that he was married with children, a fact he had left off his Facebook profile. Either way: Ouch."
Continue Reading...Arizona Divorce Law
Divorce Laws in Arizona According to Arizona divorce laws, you do not need to prove grounds in order to receive dissolution of marriage. The court will grant a petition on the grounds that there has been an irretrievable breakdown of the marriage. This is referred to as a no-fault divorce. Additionally, both of the spouses must have been a resident in the state of Arizona for 90 days prior to the filing of the petition of divorce in AZ. Arizona is known as a community property state, which can be defined as any asset acquired or income earned by a married person while living with his or her spouse. According to the divorce laws in Arizona this means that the marital property must be divided fairly or equitably and without regard to marital fault. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse. Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the parties’ prior living standard, etc. are considered in determining the amount and duration that should be paid and which is considered just. Marital fault may not be taken into account in this decision. Arizona Child Support, Child Visitation and Child Custody The main focus in determining child custody, according to Colorado divorce law, is the best interest of the children. However, under AZ divorce laws, the parents may submit a parenting plan with the request for joint custody. Visitation rights within reason are typically awarded to the non custodial parent. Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in Arizona. Expect to pay child support until the age of 18 or until the child is a high school graduate.
Alimony & Community Property in Arizona
The standard for reviewing a state court's finding that good cause exists to deviate from the placement preferences set out in the Indian Child Welfare Act is substantial abuse of discretion, the Kansas Supreme Court decided in In re Adoption of B.G.J., Kan., No. 91997, 4/28/06). Addressing the issue for the first time, the court rejected use of the de novo standard, and said that the standard it adopted gives "considerable discretion" to the trial court's findings of fact.
Continue Reading...For Arizona divorce law issues, contact NRG.
Less than three months after remarrying his ex-wife Kim Mathers, Eminem has filed divorce.
The filing Wednesday on behalf of Marshall Bruce Mathers III was confirmed by two employees of the Macomb County clerk's office, the Associated Press reports. The emloyees didn't provide their names, citing an office policy.
Continue Reading...Paternity issues in Arizona have become widespread. Contact Arizona Family Law Firm, NRG, to discuss any issues related to paternity, i.e., child custody and child support.
Former Arizona Diamondbacks ace hurler Randy Johnson is embroiled in a courtroom fight with an ex-girlfriend over support for their 16-year-old daughter. Click here for the detailed court filings.
The U.S. Supreme Court March 20 invited the U.S. Solicitor General to file a brief expressing his views in a dispute over whether a retirement plan participant who named his spouse at the time of his retirement as his surviving spouse could change that designation after the couple divorced and the ex-wife agreed to waive her right to his benefits (McGowan v. NJR Serv. Corp., U.S., No. 05-853, invitation to file brief 3/20/06).
In a divided opinion, the U.S. Court of Appeals for the Third Circuit last September ruled that the participant, James McGowan, could not change his beneficiary designation even though his ex-wife had waived her right to benefits (423 F.3d 241, 31 FLR 1524).
Continue Reading...Barkin reportedly received $20 million in her quickie divorce from billionaire Ron Perelman. The Revlon boss, 62, and the star, 51, reportedly ended their marriage on February 14, only a month after Perelman served Barkin divorce papers.
Perelman's lawyer asked for an order to seal the case earlier this month, which was granted by Manhattan Supreme Court Justice Laura Drager. Barkin and Perelman signed a pre-nuptial agreement before their June 2000 wedding.
Continue Reading...An unprecedented rise in divorce among Japanese couples married for more than 20 years is being blamed on the so-called "retired husband syndrome".
Ex-Hollywood It Couple Brad Pitt and Jennifer Aniston have wrapped up their $60 million divorce settlement.
"Rumor Has It" Ms. Aniston got the house - a $29 million Beverly Hills mansion, but relinquished control of their lucrative film company Plan B Productions to her ex.
Ms. Aniston will retain a "minor stake" in the production company, which is believed to be worth more than $50 million after a string of a dozen successful indie flick releases, including Tim Burton's "Charlie and the Chocolate Factory."
Actor Alec Baldwin is writing a book on a subject he knows a lot about -- surviving an ugly divorce.
Baldwin and his ex-wife Kim Basinger have had a particularly public and nasty split and now he is sharing his survival techniques with other men and women going through similar experiences.
The still untitled book will be published by St. Martin's Press in 2007.
Several publications put the couple's joint worth at around $50 million, and under California law, Lachey would be entitled to half of whatever the couple made after their marriage, unless they reach a settlement.
With celebrity marriages often quite a bit shorter than Jessica Simpson's Daisy Dukes, the power of the prenup cannot and should not be denied.
So if Jessica had planned ahead, she could have limited Lachey's take of her estate.
For assistance with Prenuptial Agreements, contact NRG Family Law Attorneys.
Continue Reading...According to refiled divorce papers, the actor separated from estranged wife Ryan Haddon on Jan. 1, 2004, not on Jan. 5, 2005, as he claimed in his original divorce papers, which he filed on Feb. 18, 2005.
The new documents, filed Friday in Los Angeles Superior Court, seemed to indicate that Slater and Haddon have reached an agreement as to the division of property.
Continue Reading...A man's certified mail service of the divorce complaint he had filed in Ohio upon his wife in Germany was not in accord with the Hague Convention on Service of Process Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, and thus the divorce court lacked personal jurisdiction over her, the Ohio Court of Appeals, held in Collins v. Collins, Ohio Ct. App., No. C-040649, 1/20/06.
For International Child Custody Issues, contact NRG.
Continue Reading...New York, NY (AHN) - Actress Ellen Barkin and billionaire husband Ron Perelman are divorcing after five years of marriage.
Continue Reading...A two-year-old state law that requires financial information in divorce files be sealed if either party requests it violates the First Amendment on its face, the California Court of Appeals ruled Friday.
For issues concerning Arizona divorce, contact NRG.
Continue Reading...LOS ANGELES - The wife of former "Baywatch" star David Hasselhoff filed divorce papers against her husband of 16 years -- one day after he began proceedings to end their marriage.
For Arizona divorce issues, contact NRG.
Continue Reading...Swank, 31, best known for her performances as troubled transman Brandon Teena in the movie "Boys Don't Cry" and as a waitress-turned-boxer in "Million Dollar Baby", both roles earned her Academy Awards for Best Actress, married Lowe in September 1997 and and has no children.
For issues concerning Arizona divorce contact NRG.
Continue Reading...Associated Press - LOS ANGELES - The wife of Grammy-winning singer Kenneth "Babyface" Edmonds has filed for divorce after 13 years of marriage, citing irreconcilable differences, court papers indicated.
For representation in divorce matters, contact NRG.
Continue Reading...Associated Press - LOS ANGELES - The wife of Grammy-winning singer Kenneth "Babyface" Edmonds has filed for divorce after 13 years of marriage, citing irreconcilable differences, court papers indicated.
For representation in divorce matters, contact NRG.
Continue Reading...TUCSON, Ariz. The number of reported cases of domestic violence jumped 83 percent at Davis-Monthan Air Force Base last fiscal year.
For issues regarding Orders of Protection and Domestic Abuse, contact NRG.
Continue Reading...Jessica Simpson has filed for divorce from Nick Lachey, officially ending the couple's three-year marriage, Access Hollywood reported.
Jessica filed the papers in Los Angeles on Friday, citing "irreconcilable differences."
For divorce lawyers, contact NRG.
Continue Reading...NEW YORK, Dec. 12 (UPI) -- The parents of teenage singer/actress Lindsay Lohan Monday announced they have settled their bitter, public divorce.
The settlement was announced the same day the divorce trial was scheduled to resume in New York, People magazine reported. Terms of the settlement were not released.
For Arizona Divorce issues, contact NRG.
Continue Reading...Actress Valerie Bertinelli has officially filed for divorce from rock legend Eddie Van Halen. The papers filed in Los Angeles County Superior Court cite irreconcilable differences as the reason for the split. Click here to see the filings.
For Arizona divorce information, contact NRG.
Continue Reading...December 9, 2005 -- Actor Matt Damon, 35, married his girlfriend of two years, Luciana Barroso, 30, this morning at a private ceremony in New York's City Hall.
Barroso's 6-year-old daughter from a previous marriage, Alexia, was the only other person present at the ceremony, presided over by a justice of the peace.
Continue Reading...It was reported today that Jessica Simpson hired a high powered lawyers, Robert Kaufman and Lance Spiegel, to oversee her divorce from her husband of three years, Nick Lachey.
For advice and counsel in Arizona Divorce matters, contact NRG.
Continue Reading...Associated Press
MEDIA, Pa. - A lawyer imprisoned for more than a decade for defying an order in his divorce case was in court Tuesday, but his standoff with judges continued.
H. Beatty Chadwick, 68, may be serving the longest length of time in U.S. history for contempt of court, attorneys say.
He was jailed in 1995 for allegedly hiding $2.5 million in overseas banks during a bitter divorce. Since then, he has been locked in a battle wills with a series of judges in Delaware County who say he can go free if only he would tell them what happened to the money.
Chadwick insists the money vanished years ago after he lost it in bad investments. But judges have deemed his explanations incredulous, and a three-judge panel grew visibly steamed Tuesday when they learned the court's latest investigation has turned up nothing new.
For complete article, click here.
For Arizona Divorce assistance, contact NRG.
LOS ANGELES - Christina Applegate and her husband, Johnathon Schaech, are calling it quits after four years of marriage.
The couple have filed for divorce in Los Angeles Superior Court. Their publicists, Ame Van Iden and Chuck James, confirmed the split Monday. "The decision is mutual," they said in a joint statement without further comment.
Applegate, 34, played ditsy daughter Kelly Bundy on TV's "Married ... With Children" and earned a Tony nomination for her role in "Sweet Charity" on Broadway. Schaech, 36, starred in 1996's "That Thing You Do!"
According to Australian magazine NW: "Britney's already seen the
divorce lawyer. As it stands, the divorce papers are written up
and all she has to do is give the word and they'll be filed in the
courthouse. She doesn't want to divorce Kevin, but if that's
the best thing for her child and for her own sanity, that's exactly
what she'll do."
For the complete story, click here.
CONCORD, N.H. New Hampshire law doesn't allow the public to see financial documents filed in divorce cases, but news organizations are hoping to change that.
The State Supreme Court is scheduled to hear an appeal this afternoon from lawyers representing the media who argue that public access to court records is essential to keeping legal proceedings fair. They also say such access is protected under the state constitution.
In Arizona, divorce records are a matter of public record in most cases. For more information, contact NRG.
LOS ANGELES - Court documents show comedian Kathy Griffin has filed for divorce after four and a-half years of marriage.
For information on divorce, contact NRG.
Continue Reading...LOS ANGELES - Tori Spelling's husband has filed for divorce, a little more than a year after the couple married.
The couple separated last month. Actor-writer Charlie Shanian is seeking spousal support from Spelling, according to papers filed Thursday in Los Angeles Superior Court.
Spelling, best known for her role as Donna on TV's "Beverly Hills, 90210," met Shanian on stage in 2002 during the Los Angeles production of his romantic comedy "Maybe, Baby It's You." The two were in 11 vignettes about couples in search of love.
Click here for full article. NRG Family Law.
TAMPA, Florida (AP) -- Darryl Strawberry's wife is filing for divorce.
Charisse Strawberry filed a petition for dissolution of marriage from the former baseball star on Friday in Hillsborough County family court.
The 37-year-old woman said in a statement to The Associated Press that her marriage is past the point of reconciliation.
Darryl Strawberry is an eight-time All-Star and member of two World Series winners. He's overcome a drug addiction, prison term and cancer. The 43-year-old former player served 11 months in prison in 2002-03 for violating probation on cocaine possession charges.
For Divorce issues, contact NRG.
The New York State Bar Association, Opinion 781 - 12/8/04, rendered an opinion which concluded that a matrimonial lawyer who learns that a financial statement submitted by the lawyer to family court contains a material omission, and that the client perpetrated a fraud on the tribunal, must call upon the client to rectify the material omission. If the client refuses, the lawyer must withdraw the financial statement. If the lawyer knows or it is obvious that continued employment will result in violation of a Disciplinary Rule (which we be the case where it is not withdrawn), the lawyer must withdraw from the representation, with the court's permission if required by court rules.
For Arizona Domestic Relations Law Issues, contact NRG.
Continue Reading...R&B singer-songwriter R. Kelly and his wife, Andrea, have separated, and she has hired one of Chicago's top divorce attorneys after being granted an emergency-protective order accusing her husband of physical abuse, stalking, harassment and interfering with her personal liberty, MTV News reported.
R. Kelly released a statement saying that he was trying to work things out after "a heated argument," adding that even though both have retained lawyers, "it's not a divorce proceeding."
The couple married in 1996 and have three children. He is still awaiting trial in a 2002 child-pornography case stemming from a videotape allegedly showing him having sex with an underage girl.
For Arizona Divorce Law issues, contact NRG.
The one time Hollywood dream couple of Jennifer Aniston and Brad Pitt officially ends its 4 ¬? year run this weekend. The couple was married Saturday, July 29, 2000 in Malibu, California and their divorce goes final on October 2, 2005.
For information regarding Arizona Divorce, contact NRG.
According to the National Center for Health Statistics, 43% of first marriages will end in divorce or separation within 15 years in the United States. In 2000, there were 957,200 divorces, and reconciliation occured only for about 10% of them. In 1994, Massachusetts had the lowest divorce rate in the country with 2.4 divorces for every 1,000 people, while Nevada had the highest rates with 9.0.
For the full article, click here.
Forinformation concerning Arizona Divorce Law contact NRG.
A 19-year-old woman had to pay a heavy price when her brother-in-law (husband's brother) chopped off her nose and lips for seeking divorce from his brother.
Continue Reading...Pass-through income from an S corporation that is not actually distributed to the shareholder-spouse is not automatically considered income for the purpose of calculating alimony, child support, and attorney's fees. Zold v. Zold (09/15/05).
For Arizona child support information, contact NRG.
Pass-through income from an S corporation that is not actually distributed to the shareholder-spouse is not automatically considered income for the purpose of calculating alimony, child support, and attorney's fees. Zold v. Zold (09/15/05).
For Arizona child support information, contact NRG.
Oscar winning actress Renee Zellweger is claiming fraud as the reason her 4 month marriage to country singer Kenny Chesney is breaking up. They`re having marriage annulled. In court papers, Zellweger lists fraud as the reason for the breakup but did not elaborate. The couple married in a surprise wedding in the Caribbean in May after a whirlwind romance.
For information about Arizona Divorce issues, contact NRG.
Singer Bobby Brown has made good on his promise to put money into an educational fund for his children and to pay them child support.
During a voluntary appearance in Family Court today, Brown told the judge he's up-to-date with his five-thousand dollar monthly child support payments and with his contributions to the educational fund.
Carey had issued a warrant for Brown's arrest in June after he failed to appear for a compliance hearing.
Los Angeles -- A judge has signed off on the divorce of Jennifer Aniston and Brad Pitt, but the split won't be official until Oct. 2.
Continue Reading...In a landmark move, the California Supreme Court ruled Monday that children born to gay and lesbian couples must be afforded the same rights as offspring of heterosexual couples, including child support, should their parents split. The court issued decisions in three different cases involving children born to same-sex couples.
Continue Reading...SAGINAW (AP) - A judge has ordered NBA star Jason Richardson to pay $7,000 in monthly child support for his five-year-old daughter.
The girl's mother had asked a Saginaw County judge to raise the support from $4,000 to more than $45,000 a month.
Richardson, who played at Michigan State before joining the Golden State Warriors in 2001, also must put $1,000 a month in a conservatorship account until the girl turns 18.
Richardson's ex-girlfriend, Roshonda Jacqmain of Saginaw, requested the eleven-fold increase in tax-free support last week. Her attorney, Brian Makaric, declined to comment on yesterday's ruling.
For information on Arizona child support related issues, contact NRG.
Denial of plaintiff-father's request to modify a support order is reversed where he was improperly denied the opportunity to show that he did not have the ability or opportunity to work. See In re Marriage of Eggers (07/28/05 - No. G034027.
For information regarding Arizona child support and spousal maintenance issues, contact NRG.
10th Circuit Court of Appeals Decision -- Under COBRA, 29 U.S.C. section 1161-1168, a legal separation occurs "only upon entry of a final court decree adjudicating the parties legal rights and obligations but preserving the marriage bond." See Simpson v. Simpson.
For Arizona Legal Separation issues, contact NRG.
New Second Circuit Court of Appeals Decision -- Ex-Husband cannot be found ineligible for Medicaid on account of his and his spouse's combined assets since he had effected a valid assignment of spousal support rights to the State of Connecticut. See Morenz v. Wilson-Coker.
For Arizona spousal support information and attorney advice, contact NRG.
New Second Circuit Court of Appeals Decision -- Ex-Husband cannot be found ineligible for Medicaid on account of his and his spouse's combined assets since he had effected a valid assignment of spousal support rights to the State of Connecticut. See Morenz v. Wilson-Coker.
For Arizona spousal support information and attorney advice, contact NRG.
Arizona unveiled a campaign Tuesday to begin tracking down nearly 1,000 sex offenders, many of whom are considered a potential danger to Arizona's children.
Click here for full article.
Britney Spears' husband Kevin Federline has slammed reports he is failing to pay child support to the mother of his two children.
Federline split with ex-fiancee Shar Jackson in April 2004 after falling for Spears, despite Jackson being pregnant at the time with their son Kaleb, who was born nearly a year ago.
Recent reports suggested Jackson hasn't received money to care for Kaleb, 11 months and Kori, two, from unemployed Federline.
However Spear's publicist Leslie Sloane Zelnick says: "He does pay child support."
In a dissolution of marriage proceeding, settlement proceeds from a legal malpractice lawsuit are respondent's separate property since the cause of action for the lawsuit arose after separation. Click here for the California court opinion.
For family law related issues, contact NRG.
Second Circuit Court of Appeals Ruling -- A parent not admitted to the bar cannot bring an action pro se in federal court on behalf of his or her child. For the full opinion, click here.
NRG represents child and their interests in court proceedings.
A Pennsylvania court properly refused to exercise emergency jurisdiction over a Louisiana infant who according to her mother had been physically and sexually abused by her father, the Pennsylvania Superior Court ruled June 21. The court, construing the UCCJA's emergency exception provision for the first time, looked to other states in concluding that such jurisdiction should be exercised only when the subject child is in immediate danger of suffering harm. Finding no such evidence here, it said that the Louisiana court in which the father filed for divorce should resolve the parents' custody dispute (O'Gwynn v. Herbert, Pa. Super. Ct., No. 2526 EDA 2004, 6/21/05).
For interstate custody issues regarding Arizona, contact NRG.
Neither the federal nor the Indiana wiretap law contains an exception for the surreptitious interception of one's spouse's communications, the Indiana Court of Appeals decided June 10. Addressing the issue for the first time, the court refused to follow the Fifth Circuit in inferring such an exception from the federal act's "extension phone exception." In rejecting the argument that a marital exception may be found in the Indiana statute, the court pointed out that it does not contain an "extension phone exception" from which a marital exception could be inferred (Dommer v. Dommer, Ind. Ct. App., No. 64A03-0409-CV-410, 6/10/05).
For more information regarding Arizona Divorce, contact NRG.
State laws limiting the institution of marriage to members of the opposite sex do not offend the due process and equal protection rights provided by New Jersey's Constitution, that state's Superior Court, Appellate Division, held June 14.
In rebuffing the claims of seven same-sex couples who had been denied marriage licenses on statutory grounds, the court stressed that the state's recently enacted Domestic Partnership Act confers substantial legal rights upon same-sex couples (while stopping short of recognizing their right to marry) (Lewis v. Harris, N.J. App. Div., No. A-2244-03T5, 6/14/05).
For similiar issues in Arizona, contact NRG.
Ted Nugent, '70s rocker and entrepreneur, reached a support agreement with the Dover woman he fathered a child with in 1995.
Nugent will pay $3,500 monthly in child support, and she will have sole custody of their son, now 10, under the agreement.
The child was born in April, 1995, after Gutowski and Nugent had a "brief relationship" related to Nugent's music, Gutowski's attorney has said. Gutowski sued Nugent for child support and legal custody in 2003.
Nugent acknowledged earlier in the case that he is the father and paid "minimal" support but has never met the boy.
SEATTLE -- A new study says states with tougher child support laws have fewer unwed births.
The study, which has not yet been published, shows that states with the most stringent laws and strictest enforcement have up to 20 percent fewer out-of-wedlock births.
For questions regarding Arizona paternity, contact NRG.
SEATTLE -- A new study says states with tougher child support laws have fewer unwed births.
The study, which has not yet been published, shows that states with the most stringent laws and strictest enforcement have up to 20 percent fewer out-of-wedlock births.
For questions regarding Arizona paternity, contact NRG.
Dismissal of plaintiff's section 1983 suit, alleging that defendant-social worker unlawfully seized her and demanded that she leave her mother's care, is reversed where defendant violated plaintiff's clearly established Fourth Amendment rights.
Click here for the opinion.
For information on Arizona child custody issues, contact NRG.
A former Cincinnati Bengal will spend five years on probation and must pay $425,000 in back child support.
That was the sentence handed down Thursday to James Francis.
Francis was arrested in Galveston, Texas, and extradited to Cincinnati to face two felony counts of non-payment of child support.
If Francis doesn't keep up with payments this time, he faces 11 months in jail.
Francis' attorneys argued he has a trust fund set up for the child, and was supposed to have his payments reduced after he retired from the NFL.
Jane Chen was a well-paid Wisconsin anesthesiologist. But at the age of 43, she decided to stay home with her three school-age children.
Even in 2005, Chen's decision was hardly unusual or remarkable: Women (and sometimes men) frequently forgo employment, even lucrative employment, in order to stay home with children.
What is remarkable and unusual, though, is that Chen's decision landed her in court. Her ex-husband argued that, by staying home, she was "shirking" her responsibility to provide financial support to their children. And he complained that due to her decision, a court was now ordering him to pay $4,000 more a month in child support.
Continue Reading...A child's physical location in a state for at least six consecutive months immediately before his or her parents engage in an interstate custody dispute is the key for determining home state jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act, the Texas Supreme Court held May 27 in Powell v. Stover, Tex., No. 03-1154. The court thus declined to adopt a test to determine where a child "lived" based on the parents' subjective intent.
To read the opinion, click here.
For Arizona UCCJEA issues, contact NRG.
RICHMOND, Va. (AP) - Former NBA star Ralph Sampson pleaded not guilty Friday to federal charges of failing to pay court-ordered child support and is scheduled for trial Sept. 14.
Sampson entered his plea on the two felony counts. If convicted, he could face up to two years in prison and a $250,000 US fine.
For information regarding Arizona Child Support, contact NRG.
Divorce court erred in holding that a husband's parents had to supervise his overnight co-parenting time with his children, and that his wife would have sole decisionmaking authority as to them, due to his "penchant for pornography."
Husband, during the marriage, had communicated with a woman via e-mail and communications were of a sexual nature. He also placed a descriptive profile of himself on a computer web site designated SexyAds.Com, which listed his interests as a "discreet relationship" and "[c]asual sex," and stated that he sought "[w]omen" and "couples." Evidence further showed that he had visited web sites of a sexual nature for entertainment purposes.
Petty v. Petty, Tenn. Ct. App., No. E2004-01421-COA-R3-CV, 5/19/05
Hungary and Belgium recently deposited their instruments of ratification to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which will enter into force for Hungary on Aug. 1 and for Belgium on Sep. 1.
Continue Reading...New York Law Journal
A New York judge presiding over a contentious divorce should not have barred the husband, an attorney, from representing himself, an appeals court has ruled. The court found that even though the husband's self-representation "may make the litigation process more difficult or unpleasant, the record was inadequate to justify barring him from acting as his own counsel." To ensure no problems arise during confrontations, such as depositions, the court suggested supervision by a special master or referee.
May 26, 2005
The Pennsylvania Supreme Court is currently considering a legal appeal that could set a wide-reaching precedent for both child support policy and fertility clinics in the United States.
As one report states, "sperm donors who thought they were getting $50 for their genetic material" - a standard clinic fee - and nothing more may be in for a real shock.
For Arizona Child Custody Attorney, contact NRG.
Continue Reading...Thursday, May 26, 2005
The Pennsylvania Supreme Court is currently considering a legal appeal that could set a wide-reaching precedent for both child support policy and fertility clinics in the United States.
As one report states, "sperm donors who thought they were getting $50 for their genetic material" - a standard clinic fee - and nothing more may be in for a real shock.
For Arizona Child Custody Attorney, contact NRG.
Continue Reading...May 26, 2005
An Indiana appeals court must decide if a judge's order prohibiting a nine-year-old from practicing his pagan beliefs will stand.
A Marion County judge issued what some are calling an "unusual" order a year ago in a divorce court. It prohibits the boy from being exposed to "non-mainstream" religious beliefs.
For Arizona Child Custody Lawyers, contact NRG.
Continue Reading...May 26, 2005
NEW YORK, NY (UPI) -- Lawyers for long-separated Uma Thurman and Ethan Hawke are reportedly close to working out an amicable divorce settlement in New York.
Neither 34-year-old star was in a Manhattan court Wednesday when lawyers told Justice Saralee Evans the status of negotiations to close out the 7-year marriage.
The pair, who have two children, married soon after they met on the set of the 1997 science fiction bomb, "Gattaca."
Los Angeles, California (AHN) - Jessica Simpson has denied a report that appeared on E!online's website yesterday, claiming she had filed for divorce from husband Nick Lachey.
Within the hour, the website retracted the leaked report.
The singer told US Weekly that the story was completely false and she would have sued the website had they not retracted.
Former Jackass star Bam Margera was forced to deny reports he was dating Jessica Simpson, after his parents told a radio show Margera had told them he was the singer's new boyfriend.
For information concerning Arizona Divorce contact NRG.
Continue Reading...California's Supreme Court edged toward the debate over gay marriage yesterday by taking up three child custody and support disputes between lesbians who had been couples.
The three lawsuits center on how same-sex couples who may not wed legally in the state and who have not registered as domestic partners may establish rights as parents or be held to parental responsibilities after parting ways.
The cases are further complicated by legal issues involving children conceived by artificial insemination. The court will consider whether the decisions by lower courts to side with birth mothers in heterosexual custody fights should apply to lesbian couples.
Rulings in the cases will help clarify parental rights for same-sex couples, especially those establishing households that are not registered with the state, according to lawyers.
For information on how this issue may be addressed in Arizona, contact NRG.
Continue Reading...NEW YORK May 24, 2005 - P. Diddy has been ordered to pay what could be the biggest child support order in New York state history, and he says he will appeal.
Last month, the New York State Supreme Court's Appellate Division approved an increase from $5,000 to $21,782 per month to P. Diddy's ex-girlfriend, Misa Hylton-Brim. Representatives of both P. Diddy and Hylton-Brim say it's the highest child support payment in state history.
For information on Arizona Child Support Issues contact NRG.
Continue Reading...May 18, 2005 -- A New Jersey woman is trying to make legal history as she divorces her hubby of 17 years - by suing the impoverished man's parents for alimony.
For more information on Arizona Spousal Support Issues, click here.
Continue Reading...RICHMOND, Va. (AP) -- Former University of Virginia and NBA basketball star Ralph Sampson was arrested Friday in Atlanta on two felony counts of failing to pay court-ordered child support, U.S. Attorney Paul J. McNulty said.
Sampson, 44, faces a maximum possible sentence of two years in prison and a fine of $250,000 on each charge if convicted. A federal grand jury in Virginia indicted Sampson on May 4.
A divorce court is not required to find a "compelling reason" before ordering a spouse to secure an alimony award with life insurance, the South Carolina Supreme Court held May 2. However, some special circumstances must be shown establishing the need for such security and the obligor's capacity to provide it, the court said.
Nirenstein, Ruotolo & Gonzalez, P.L.C. can answer Arizona spousal support questions.
Continue Reading...The New Jersey Supreme Court Says Yes, But Marital Misconduct Can Lower the Award In Egregious Circumstances
By JOANNA GROSSMAN
Tuesday, May. 03, 2005
After the twenty-seven-year marriage of Brenda and James Mani ended, a court ordered Brenda to pay James $610 per week in spousal support. But Brenda strenuously objected.
For answers to Arizona alimony related issues, contact Nirenstein, Ruotolo & Gonzalez, P.L.C.
Continue Reading...By DOUG HARLOW
Copyright © 2005 Blethen Maine Newspapers Inc.
WATERVILLE -- Police on Thursday arrested a fugitive from Maricopa County, Arizona who is wanted for prosecution in that state on charges of violent sexual conduct with a child and attempted child molestation.
Hollywood actor James Caan has filed for divorce.
The veteran star, who starred as Santino 'Sonny' Corleone in 1972's 'The Godfather' and 1974's 'The Godfather: Part II', is splitting from wife Linda after nine years of marriage.
Continue Reading...Sideways director Alexander Payne and actress Sandra Oh to separate.
By Jeffrey Cottrill
Only a couple of weeks after winning an Oscar for his road-trip comedy Sideways, film director Alexander Payne is getting separated from his wife of five years, Canadian actress Sandra Oh. A spokesperson for the couple confirmed the split in a statement released on March 11. "The couple will remain friends," she said, adding that Payne and Oh had "mutually decided to separate," according to People magazine. Payne and Oh, who have been married since 2003, were a couple for five years.
http://www.nrglaw.net
http://www.azfamilylawblog.com
Arizona ranks among the lowest in ability to collect child support arrears. Click here for the U.S. Department of Child Support Enforcement's list.
Wanted: Dad & daughter on the lam in Mexico;
Police seek him in arizona child custody flight violation
Lindsey Collom
The Arizona Republic
Apr. 8, 2005 12:00 AM
Michael Bonk, 44, says him and his five-year old daughter's transient lifestyle is better than the one they were recently living in Chandler, Arizona, even if it means he's a wanted man.
Bonk was charged with custodial interference, and a warrant was issued for his arrest in March. A judge agreed he violated an order that prohibited either parent from taking "Catie" out of Maricopa County without prior consent.
Bonk said he thought fleeing was the only option left. A February report from Catie's court-appointed representative noted "serious concerns" about his "mental stability, emotional integrity and parental abilities," court records show.
It was "the final straw" in a custody battle that has endured for most of his daughter's life, he said. He had custody but sensed it would end soon.
"(The report said) I wasn't fit enough to be a parent," Bonk said. "I just said, 'This is it. I'm done.' "
He began planning their escape.
Continue Reading...Glendale: Detective falsified reports, skipped paperwork
Brent Whiting
The Arizona Republic
Apr. 8, 2005 12:00 AM
Glendale police have been forced to scrap 158 domestic-violence cases because the detective assigned to the cases falsified reports and failed to file the necessary paperwork, officials say.
As a result, they say, wrongdoers will go unpunished and their victims will never get their day in court. At least one woman said she was victimized several times more.
Under Arizona law, domestic violence includes, among other things, physical injury inflicted between married or unmarried partners either living together or sharing a child with each other. It also can involve the use of a deadly weapon in making threats.
Continue Reading...There has been a legal victory of sorts for P. Diddy.
A New York Court of Appeals has ordered the hip-hop mogul otherwise known as Sean Combs to cough up $21,782 a month in child support to fashion stylist Misa Hylton-Brim, the mother of his 11-year-old son.
The good news is the amount settled on by the state Supreme Court's Appellate Division on Thursday is significantly lower than the $35,000-per-month sum Combs was initially required to pay by Westchester County Family Court Judge David Klein last August.
Continue Reading...Just days after Jennifer Aniston filed for divorce, there are reports that Brad Pitt has handed Jennifer Aniston the keys to the $14 million Hollywood mansion they shared as a married couple. Apparently Aniston asked Pitt for the home before she filed court documents.
Click here for the full story.
SANTA FE -- Gov. Richardson proposes that state child welfare workers be required to sign affidavits saying they've actually seen the children they work with.
He says he wants to make sure no more child support is awarded for kids who don't exist.
Richardson cites a case in which an Albuquerque woman collected money during several years for a child she never had.
Click here for full story.
Lawmakers approved sweeping changes Thursday in the way child support payments are calculated in Georgia.
Child support payments are usually based on considering only the income of the parent who does not have custody. House Bill 221 would require judges to consider the incomes of both parents when determining child support awards.
Click here for the full story.
Just because you're dead doesn't mean you can't get a divorce.
A Manhattan judge is refusing to throw out a divorce that was granted nearly three months after the husband died.
For the full story, click here.
In In re Marriage of Cerevka, Calif. Ct. App., No. B171989, 3/7/05, the California Court of Appeals ruled that a divorced man who agreed to a qualified domestic order equally dividing two pension plans as of a certain date cannot challenge that distribution due to subsequent losses to the plan resulting in his receiving an unequal share.
The man, Joseph Cerevka, married his wife Eva in 1962; they separated in 1999. In September 2001, they met and reached a settlement agreement regarding the distribution of their property. Among other assets, the couple had a Keogh plan and a tax code Section 401(k) plan. In October 2000, the combined value of the plans was approximately $1.6 million. By June 2001, the plans' value had fallen to $1.2 million.
A divorced noncustodial father does not have a constitutional right to participate in his children's public school education, the U.S. Court of Appeals for the Seventh Circuit ruled March 11th in Crowley v. McKinney, 7th Cir., No. 02-3741.
Rejecting the father's claim that he has a protected liberty interest in such participation and cannot be deprived of it without due process, the court said his claims "founder on the scope of the federal constitutional right over the education of one's children".
To read the full opinion, click here.
The following article from the Arizona Republic is another story about a child custody battle between a drug-addicted mother and the child's grandparents. Unfortunately, the child loses.
"He could continue living with his grandparents, people who have taken care of him for the past year and a half, providing him with a nice home and a normal life.
Or he could be returned to his mother, a 23-year-old with a history of substance abuse. A woman who last year witnessed her boyfriend's murder in a dispute over drugs. A woman who has been off drugs, according to CPS records, for nearly six months and now lives in a halfway house.
Can you guess where the boy is headed?"
Click here for the full article.
Doggie Divorce Survivors
New York - WABC, March 15, 2005
Remember "The War of the Roses?" The Michael Douglas, Kathleen Turner characters have nothing on some divorcing New York couples. These days they're not fighting over who gets the apartment, or the china. They're squaring off over who gets Fido or Fluffy.
Pet custody is becoming an increasingly hot topic in divorces, especially in New York where pets can provide a warm refuge from the cold city. But when a divorce threatens to take that four-legged friend away.
Click here for the full article.
Click here for a "Letter to the Editor" of "Psychiatric Services", a magazine published by The American Psychiatric Association.
The letter is in response to the January 2005 issue where John Monahan, Ph.D., and his colleagues (1) reported on tools used in the public mental health system as leverage to improve adherence to psychiatric treatment in the community. One of the "tools to be used" was to use a leverage strategy, that is, the threat or actual loss of custody or contact with children.
March 15, 2005
Free Press News Services
MONTCLAIR, N.J. -- New York Giants defensive end Michael Strahan filed for divorce from his wife of almost six years Monday, the same day a judge issued a restraining order against her, a spokesman for Strahan said.
Superior Court Judge Thomas P. Zampino ordered Jean M. Strahan to deposit into escrow more than $3 million she had removed from the couple's joint bank account last week and deposited into her own account, said Ernie Landante, who works for a public relations agency hired by the 12-year veteran.
On Thursday, Strahan was served with a temporary restraining order telling him to keep away from his wife. Landante said the five-time Pro Bowler and his wife had a verbal argument, and she filed a complaint of harassment against him with the Montclair police Thursday night. About two hours later, Strahan turned himself and was released on his own recognizance.
Click here for the full article.
March 14, 2005
A Cook County family court judge has ordered Chicago doctor Richard Phillips to double his child support payments, and he'll soon start building a relationship with a 5-year-old daughter he's never met.
But he won't give up a pending civil lawsuit accusing his old flame, Olympia Fields doctor Sharon Irons, of a "calculated, profound personal betrayal" after a brief tryst in 1999. Phillips insists the pair never had intercourse and that Irons "harvested" his sperm after oral sex to impregnate herself.
Phillips won a victory in the case last month when an appeals court ruled -- if he can actually prove he was the victim of a sperm scheme -- Irons can be held liable for inflicting emotional damages.
Click here for complete article.
Dwight Gooden walked out of jail Monday, one day after he was charged with punching his live-in girlfriend in the face.
The one-time star pitcher for the New York Mets and Yankees was told to stay away from Monique Moore before Judge Walter Heinrich ordered him released without bail on a misdemeanor domestic battery charge.
Click here for more.
A new green paper launched by the European Commission proposes to find solutions for 'international couples' seeking divorce.
The paper discusses the difficulties faced by couples of different nationalities who need to know which member state's divorce law is applicable.
Click here for the complete article.
U.S. 7th Circuit Court of Appeals
Crowley v. McKinney, 03/11/05 - No. 02-3741).
Dismissal of plaintiff's suit, alleging that defendant-principal's failure to give certain notices to non-custodial parents deprives him of a constitutional right to participate in his children's education, is reversed where his equal protection claim was adequately plead and dismissed prematurely.
Click here for full opinion.
A man's motion to terminate his alimony obligation to his ex-wife, who rents the basement of her home to her boyfriend of four years, was properly denied where he failed to show that they were "cohabiting," the Kansas Supreme Court ruled Feb. 18th in In re Kuzanek, Kan., No. 90478, 2/18/05.
The court also said that the intermediate court stepped outside the boundaries of appellate review in asserting that the rental arrangement was a "sham" and reversing the trial court. The high court did acknowledge, however, that it soon may be time to reconsider the definition of "cohabitation" utilized by the state's courts. To read the full opinion, click here.
Chinese authorities are sending "think again" letters to couples applying for divorce after the number of people ending their marriages surged by 21 percent last year. The growing number of legal breakups, which have increased fivefold since 1979, has raised concerns that members of the first generation to grow up in one-child families were so spoiled that they are unable to make the sacrifices required of marriage.
Click here for the full story.
Steve Barreras, the alleged father, paid about $20,000 in court-ordered child support to Viola Trevino over a 5-year period for a child who has been declared nonexistent by an Albuquerque judge. For the full story, click here.
This story appeared in Political Affairs Magazine and deals with paternity issues in a strange case.
Capitalism Gone Mad
In the Communist Manifesto, Marx and Engels wrote that capitalism has "resolved personal worth into exchange value....for exploitation veiled by religious and political illusions, it has substituted naked, shameless, direct exploitation....stripped of its halo every occupation hitherto honored...converted the physician, the lawyer, the priest, the poet, the man of science, into its paid wage-- labourers."
So Marx and Engels might be the only ones to fully understand today's capitalism gone mad story based on a brief, recent newspaper article. In fact, they might see these wild events as "normal" in a system where normality is defined in exchange value.
The story deals with an Illinois Appeals Court decision concerning the property value of sperm. It seems that a female doctor a number of years ago got her male doctor lover to provide her with sperm through an oral sex encounter. She then used this sperm to inseminate herself, bear a child, and subsequently file a paternity suit against the male doctor, using DNA evidence to prove his paternity. The court awarded her $800 a month in child support.
Continue Reading...Prenuptial agreements in South Dakota cannot limit alimony because that runs counter to state public policy, the state Supreme Court ruled Thursday in an appeal involving the divorce of a multimillionaire Sioux Falls banker.
The high court's unanimous decision said the provisions on alimony in a 1995 agreement between T. Denny Sanford and Colleen Anderson cannot be enforced.
However, the part of the agreement dealing with a division of property is valid and can be enforced because South Dakota law allows prenuptial agreements to set conditions for dividing property in the event of divorce, the Supreme Court said.
Continue Reading...TUCSON, Ariz. Meth has become Pima County's leading cause of child neglect, outpacing all other drugs combined.
Last year, about 600 Arizona children were taken from their homes and put in foster care due to their parents' problems with meth, a cheap and easy-to-make drug that causes a long-lasting, euphoric high.
Click here for the complete article.
This article explores the effect of divorce on Pro Golf Players. Pretty interesting stuff.
Click here for the full article.
In the California case, Steven S. v. Deborah D. (03/03/05 - No. B175996), the trial court's finding that a child was conceived through artificial insemination, not sexual intercourse, establishes that plaintiff-sperm donor is not the child's father since Family Code section 7613(b) provides that the donor of semen is treated in law as if he were not the natural father of the child thereby conceived. Click here for the full opinion.
North Phoenix -- Paradise Valley School District officials' plans to expand drug testing to seventh-graders may be in limbo, if they don't receive a grant from the Maricopa County Attorney's Office. Click here.
A husband's longtime refusal to interact socially with his wife is valid grounds for a divorce, a state Supreme Court justice has ruled in a potentially precedent-setting case. Click here for the full article.
Associated Press
Mar. 3, 2005 04:54 PM
The Sheriff's Office says it's holding a deadbeat dad who racked up $210,000 in back child support.
The Maricopa County Sheriff's Office Child Support Warrant unit arrested 54-year-old Paul Hernandez at a South Phoenix church this morning on a child support warrant.
The sheriff's office says its deadbeat parent roundup has resulted in 44 parents being arrested since mid February.
Last year, the sheriff's office made 97 arrests and cleared a purge amount of back child support payments nearing $1.1 million.
Model-turned-actress Denise Richards has filed for divorce from actor Charlie Sheen, her husband of 2 1/2 years, according to court papers made public this week.
Richards, 34, who is six months pregnant, filed divorce papers in Los Angeles Wednesday and asked for custody of the couple's year-old daughter as well as the baby she is expecting with Sheen.
Click here for more.
Click here for an interesting article on a currently hot topic -- threats against judges, and particularly, family court judges.
File this under -- You Don't Hear This Everyday.
Could a bar of soap make all the difference?
An Iranian woman says she wants to divorce her husband because he has not washed for more than a year, according to a press report. The 36-year-old woman, identified as Mina, reportedly told a court in Tehran that her husband smells so bad even their children will not go near him. Click here for the full story.
New York has continuing jurisdiction over a custody dispute involving a child who, at the time his father retained him following visitation, had lived in Norway with the custodial mother for two years, the New York Supreme Court, Kings County, has decided in EB v. EFB, N.Y. Sup. Ct., No. 9159/02, 1/4/05.
Addressing for the first time application of the Uniform Child Custody Jurisdiction Enforcement Act in a case where the underlying custody order was issued prior to the Act's effective date and the modification request was made after such date, the court rebuffed the mother's contention that Norway has home state jurisdiction under the Act's predecessor, the UCCJA. It said that because the father remained in New York following the parties' divorce and issuance of the custody order, the state retained jurisdiction
Continue Reading...Kansas' civil Protection from Stalking Act does not suffer the same constitutional infirmities that caused an earlier version of its criminal counterpart to be declared unconstitutionally vague, the Kansas Supreme Court decided on February 18th in Smith v. Martens, Kan., No. 91827.
Explaining that the civil act contains objective standards, and that when read as a whole it conveys a sufficiently definite warning as to the proscribed conduct, the court also rebuffed a claim that the act was unconstitutionally overbroad. The underlying case involved a woman who obtained a one-year protective order against her ex-husband.
World News
Beijing, China
Amid the economic boom and easing of divorce law, China saw over 1.6 million couples split in 2004, up 21.2 per cent over the previous year, the state media reported today.
Compared to 2003, 282,000 more couples divorced with an increase rate of 21.2 per cent, the reports quoted statistics released by the Ministry of Civil Affairs.
Continue Reading...By Ryan Pearson
ASSOCIATED PRESS
LOS ANGELES -- A judge struck down a California law that allowed billionaire investor Ron Burkle to seal some records related to his divorce proceedings, saying it is unconstitutional.
Superior Court Judge Roy L. Paul ruled Monday that the law that went into effect last summer violates the public's constitutional right to access civil court proceedings and records. The law had been challenged by lawyers for Burkle's wife and by attorneys for the Los Angeles Times and The Associated Press.
Continue Reading...LOS ANGELES Mar 1, 2005
The marriage between Rebecca Romijn and John Stamos is officially over. Los Angeles Superior Court Judge Harvey A. Silberman signed off on the family law judgment Thursday, nearly a year after the couple announced they were separating after five years of marriage.
The marriage was officially terminated as of Tuesday, according to the document. The couple have no children.
Romijn, 32, is filming "Man About Town" with Ben Affleck. Her screen credits include "Rollerball" and "Femme Fatale."
Stephen Meadows has filed for legal separation from his wife of 14 years, Leeza Gibbons.
Stephen Meadows, the husband of TV host and producer Leeza Gibbons, has filed for legal separation from his wife. In papers filed on February 7 in Superior Court, Meadows cited "irreconcilable differences" as the reason for the split.
The couple were married on Feb. 14, 1991, and they separated on January 28, 2005.
Gibbons, who also has a daughter with her second husband (British actor Chris Quinten), hosted "Entertainment Tonight" from 1984 to 1995; from 1993 to 2000, she had a daytime talk show called "Leeza".
Could life insurance or pension benefits meant for you go to a spouse from a previous marriage instead? A recent U. S. Supreme Court ruling (Egelhoff v. Egelhoff) makes this a potential cause for concern.
Continue Reading...Under the Consolidated Omnibus Budget Reform Act of 1986 (COBRA), health insurance coverage provided by an employer can be continued for up to 36 months by an ex-spouse. Technically, this law applies only to employers with 20 or more employees. However, most states have laws that apply COBRA-type benefits to employees of smaller companies.
Continue Reading...Pending bankruptcy legislation could affect future child or spousal support payments. These payments currently receive priority status, meaning they must be paid before credit card companies can forcibly collect their debts. The new legislation makes it harder for individuals to wipe out these debts by making it harder to qualify for bankruptcy under Chapter 7. Under the new law, most debtors will have to file under Chapter 13, which requires payment of at least part of these debts. The problem is that each dollar of debt that survives bankruptcy competes directly with support obligations.
Continue Reading...In a federal diversity action where the father fails to establish any credible evidence to remove jurisdiction, jurisdiction will be returned to the child's home state. See, Melnick v. Melnick, 04 Civ. 5993, United States District Court for the Southern District of New York, November 15, 2004.
In Melnick, the parties were divorced in Connecticut in 1997. There was one minor child of the marriage and the parties had continuing disagreements regarding the father's visitation rights with respect to the minor child. A supplemental visitation agreement was drafted in 2003 under the supervision of the Connecticut Family Court. Thereafter, the father relocated to New York, and filed an action in the New York courts, claiming the mother continued to violate the parties' visitation agreements. The mother removed the matter as a diversity case to the federal courts. The federal court dismissed the case and remanded it to the Connecticut courts. It held that the father's complaint was insufficient to find that any of the father's causes of action were rooted in New York. It considered that the parties were divorced in Connecticut, and the subject minor child's home state continued to be Connecticut. The father's complaint only alleged, in conclusory terms, without much empirical evidence, that there was any connection to New York. The mother did not dispute that the father was entitled to remove the child to New York for the purpose of temporary visitation.
This will keep you updated on the latest in the Linsday Lohan Family Divorce Saga.
The father of teen-movie star, Linsday Lohan, alleged to have threatened to kill his wife and children, according papers filed in the pending divorce. Click here for the article.
By Lawrence Messina
The Associated Press
CHARLESTON, W.Va. -- Lawmakers urged state officials Wednesday to do away with banking fees charged families who receive child support payments through a debit card system that debuted this month.
BB&T Corp., as issuer of the Visa-affiliated cards, charges an array of fees including $1.25 for any third or subsequent ATM cash withdrawal per month, and $2 for the use of the card at a non-BB&T ATM. The fees are in addition to an estimated $12,000 per month the state gives BB&T for handling the child support payments.
The debit cards and direct-deposit payments aim to replace the checks mailed out, sometimes weekly, to more than 130,000 West Virginia families. The program is expected to save the agency about $500,000 a year.
Delegate Carrie Webster, D-Kanawha, said she has an account with BB&T but does not see the sort of fees the bank charges child support recipients. Click here for article.
United Press International
WASHINGTON -- Annual support payments such as alimony or child support went up 18 percent from 1997 to 2002 after adjusting for inflation, the U.S. Census Bureau says.
Continue Reading...Diamondbacks' pitcher Jose Jimenez's is absent from training camp.
His absence stems from child-support issues in his native Dominican Republic. Jimenez, a non-roster invitee, must make a series of payments up front to be granted travel, and thus far he hasn't been able to clear up the situation.
If it drags out several more days, the Diamondbacks likely would release Jimenez, although they feel he can contend for a spot in the bullpen and provide valuable experience.
Leah Hoffmann's article in Forbes magazine is a good read for anyone considering going through the divorce process, or even better, for anyone currently involved in the process.
In essence, she tells everyone that "getting a divorce is a messy business, both personally and financially". Her advice -- "don't be in such a hurry to reach a settlement that you make these costly financial mistakes". Click here for the full article.
Associated Press
LOS ANGELES - Christian Slater has filed a petition to end his five-year marriage to television producer Ryan Haddon.
The divorce petition filed Friday in Superior Court cites irreconcilable differences.
Slater's films include "Windtalkers," "Hard Rain" and "Broken Arrow."
Irish divorce law is being undermined by EU regulations that come into force next month, according to some.
Under Irish law, couples have to live apart for four out of five years before they can apply for a divorce. But under EU law a spouse can get a divorce in another country with different rules and the divorce must be recognized here. For the full story, click here.
A Texas court erred in designating Illinois as the home state of a divorcing couple's child, who had not spent six consecutive months in the latter state at the time of the divorce, the Texas Court of Appeals, 13th District, held Feb. 10th in Nagubadi v. Nagubadi, Tex. Ct. App., No. 13-02-621-CV, 2/10/05.
The Court found that the parents and child were all living in Texas when the mother filed for divorce but that by the time the final decree was entered the mother was completing a two-year medical residency program in Dayton, Ohio, and the father was living in Chicago.
The fact that a divorcing husband's separate assets grew significantly over the many years of his marriage was not an unforeseeable change in circumstances justifying voiding the parties' premarital agreement, in which both spouses waived any interest in property obtained by the other during the marriage, the Michigan Court of Appeals held Feb. 8th in Reed v. Reed, Mich. Ct. App., No. 248895, 2/8/05).
The court also ruled that the benefit accruing to one party from the disparate growth of his or her assets is not a changed circumstance rendering such an agreement unenforceable. To read the full opinion, click here.
This week, in Hicks v. Hicks, a Pennsylvania appellate court held that the trial court erred in denying a mother the right to baptize her 9-year-old daughter over the objection of the child's father. In doing so, the Court reversed the trial court order barring either parent from unilaterally baptizing the child and authorizing her to make her own choice at age 13.
To read the full opinion, click here.
By Dan Morrison
Nazma Bibi's husband mistakenly divorced her in a drunken rage. Now his Muslim community in India won't let them get back together.
POLICE GUARDS WATCH OVER NAZMA BIBI'S HOME, a two-room thatch and mud hut, set on a tiny plot of land amid 150 other similar dwellings in Kantabania, a village in the eastern Indian state of Orissa. She gets this treatment not because she is a VIP or a star witness in a celebrity trial, but because she is the nation's most famous reluctant divorc?©e.
Continue Reading...The Bazelon Center for Mental Health Law reports on the re-introduction of its proposed legislation entitled, "Keeping Families Together" in Congress.
This legislation would aid states in encouraging agencies that serve children with mental health issues to work together to provide education, child welfare and juvenile justice. Most importantly, the bill would increase the availability of home and community-based services for these children to prevent them from having to be separated from their families in order to receive the care they require.
The legislation is in response to a 2003 Government Accountability Office report that found "at least 12,700 cases in fiscal year 2001 of children placed in child welfare and juvenile justice systems so they could access needed mental health services.
Thanks to S. Elizabeth Malloy and Thomas W. Mayo for leading us to this information. Their blog, which is very informative, is HealthLawProf Blog.
One writer believes that by continuing to use the guidelines that the federal government recommended against in 1987 (states should not use only one parent's income when calculating child support), Georgia continues to engage in bad public policy with adverse consequences for children and families. For the complete article, click here.
Associated Press
ST. LOUIS - A lawyer has been charged with forgery after a client learned the divorce papers she had received - complete with a judge's signature - were fakes and she was still married.
Robert and Sara Jane Rybarczyk assumed their divorce was final when Sara Jane got a certified copy of the marriage dissolution in August signed by a St. Louis County judge. The lawyer she had hired, Phillip Adams, told her the divorce was official in May.
When Robert Rybarczyk hired his own lawyer in December to look into making changes to the divorce terms, the lawyer was unable to find any records relating to it and learned the divorce had never been filed. Click here, for the full article.
Itir Yakar
Daily Business Review
02-22-2005
A Broward County, Fla., judge did not improperly delegate his decision-making authority on attorney fees in a hotly contested divorce case, because he gave oral instructions before the parties drafted their proposals and because his decision incorporated elements from both sides, Florida's 4th District Court of Appeal has ruled.
In its unanimous ruling last month, the 4th DCA distinguished the case of Rosenbloom v. Rosenbloom from that of Perlow v. Berg-Perlow. In Perlow, the Florida Supreme Court last year chastised a Palm Beach Circuit senior judge for letting the lawyer for one of the parties in a divorce case write the judge's order.
Continue Reading...OMAHA, Neb. -- The state of Nebraska is trying to collect child support from a dead man. This is not child support he owed when he was still alive, but instead, the debt accumulated after he died. To read the full story, click here.
By LESLIE KAUFMAN
Published in the New York Times on February 19, 2005
Everybody loves to hate the so-called deadbeat dads. But because the laws made little effort to differentiate between the wealthy and the out-of-work and incarcerated, the laws have produced consequences for poor men that are vexing local and national policy makers.
Around the country, child support arrears have been piling up at a staggering rate since the enactment of these laws. A decade ago the federal government said fathers owed $31 billion in back child support; as of 2003, the last year for which data was available, the total had more than triple that to reach $96 billion. Changes in reporting may account for a portion of the increase. To read the full article, click here.
Associated Press
February 18, 2005
A lesbian who split with her partner after adopting the woman's biological children must pay child support, the Indiana Court of Appeals has ruled.
"Whether a parent is a man or a woman, homosexual or heterosexual, or adoptive or biological, in assuming that role, a person also assumes certain responsibilities, obligations, and duties," Judge John G. Baker wrote in the 22-page ruling.
"That person may not simply choose to shed the parental mantle because it becomes inconvenient, seems ill-advised in retrospect, or becomes burdensome because of a deterioration in the relationship with the children's other parent." To read the complete article, click here.
As you may recall from our earlier blog, the Mother of Ray Charles' 17 year-old son requested an increase in child support from $3,000 to $15,000-a-month. The California court said no. She will continue to receive monthly payments of $3,000 from Charles' estate following the court's ruling Wednesday in Pasadena, CA.
Continue Reading...In Arizona, all records regarding a divorce action are public record. This is not necessarily the case in other states. For example, in New York only the parties and their attorneys of record are allowed access to the file.
For obvious reasons, Arizona's policy raises concerns for litigants going through the process of divorce. The following article addresses California's approach.
Continue Reading...Rush Limbaugh's divorce has been "signed and sealed" in a Florida courthouse, the Palm Beach Daily News reports.
The popular radio host returns to bachelor status after ending his marriage with his third wife, Marta.
Continue Reading...By John Curran, Associated Press
ATLANTIC CITY - Deadbeat parents who have hit it big in New Jersey casinos may not be so lucky the next time they win.
A bill passed by the Legislature would give the state permission to garnishee some slot jackpots won by gamblers who owe child support.
The measure, awaiting acting Gov. Richard J. Codey's signature, would require the operators of slot-machine systems to give the names, addresses, and Social Security numbers of winners to the state, which would check them against child-support enforcement rolls.
If the winner owes court-ordered child support, it would be deducted from the jackpot.
Continue Reading...A Florida appeals court has refused to allow a woman to use evidence obtained by illegally planting spyware on her husband's computer to support her case in their bitter divorce proceedings.
Beverley Ann O'Brian installed a surveillance program called Spector on the computer used by her husband James. She obtained transcripts of private on-line chats between James and another woman with whom he was playing Yahoo Dominoes, according to court papers.
The Circuit Court for Orange County, Florida, found that evidence obtained in this way could not be used in court because it had been intercepted - an offence under federal wiretapping regulations and the Florida Security of Communications Act 2003. It banned Mrs O'Brian from using spyware in the future and from disclosing any information obtained from the surveillance.
Mrs. O'Brian appealed, arguing that the evidence should have been admissible, as it had been obtained by copying information stored on the computer, and not through the interception of electronic communications.
Continue Reading...Mentioned in the Lawyer Regulation section of the March 2005 edition of the Arizona Attorney was a tidbit about a lawyer who recorded telephone conversations between his child, mother-in-law and now ex-wife without their knowledge or consent. Not only was the lawyer found to have committed a criminal act in violation of A.R.S. Section 13-3005, he was suspended from the practice of law for such conduct and his his failure to pay child support and spousal maintenance.
In Weesner v. Johnson, Ark. Ct. App., No. 04-784, 1/19/05, it was held that the trial court erred as a matter of law in assuming jurisdiction over the custody aspect of a divorce case where the parties' child had never lived in Arkansas.
At trial, the resident father, who had requested custody in his divorce petition, acknowledged that the child had been born and resided in California, and said that the mother and child had also lived in Arizona and Nevada for brief periods. The mother, however, moved for a dismissal of the custody matter and submitted an affidavit maintaining that while she and the child had moved around the state, they had always resided in California. (The parties had separated prior to the child's birth in 2001.) The trial court held that it had custody jurisdiction over the parties and the subject matter.
Examining the the Uniform Child Custody Jurisdiction and Enforcement Act, the Court held that Arkansas clearly did not have home state jurisdiction because the child had never lived there. Likewise, the Court found that the father could not rely on significant connection jurisdiction, because the child had absolutely none with Arkansas. Further finding that this case did not present the situation in which another state declines jurisdiction, the Court also rejected the father's reliance on the UCCJEA provision under which Arkansas retains jurisdiction if no court of any other state would have jurisdiction.
Of note, the Father appeared without an attorney. Probably not the best idea when faced with a UCCJEA issue.
An attorney representing the parents of a pregnant minor, who purportedly misled her child's father about whether she intended to put the baby up for adoption, is not liable for intentional interference with the parental relationship absent any evidence that the lawyer acted maliciously, the Ohio Court of Appeals, 10th District, ruled Feb. 8 in Sprouse v. Eisenman, Ohio Court of Appeals 10th Dist., No. 04AP-416, 2/8/05).
The Court explained that even if the lawyer did falsely assure the father that adoption was not on the horizon, the attorney was protected by the doctrine of qualified immunity because the baby's father failed to show that the lawyer had "an ulterior motive separate and apart from the good faith representation of the client's interests."
A divorced man's bank account containing only funds received as Veterans' Administration disability benefits was not exempt from collection to pay a judgment for child support, maintenance, attorneys' fees, and court costs arising from a domestic relations case, the Illinois Appellate Court, Fourth District, ruled Feb. 7 in In re Pope-Clifton (Pope-Grubb), Ill. App. Ct., No. 4-04-0307, 2/7/05).
The Court was not persuaded by the man's argument that the funds are covered by a state law providing that a debtor's right to receive "a veteran's benefit" is exempt from judgment or attachment. The Court found that the law exempts only a debtor's "right to receive" certain funds and that lawmakers did not intend to exempt property traceable to such funds.
Likewise, the Court was not swayed by the man's claim that the funds are exempt under the anti-attachment provision found at 38 U.S.C. § 5301(a)(1) (2000).
In Wilson v. Ake, M.D. Fla., No. 8:04-cv-1680-T-30TBM, 1/19/05, lesbian partners who were legally married in Massachusetts and now reside in Florida have failed to persuade the U.S. District Court for the Middle District of Florida that the federal Defense of Marriage Act is unconstitutional. The Court rejected full faith and credit, due process, and equal protection challenges to DOMA, which provides that no state is required to recognize a same-sex marriage that is legal in another state. (Florida does not recognize such marriages.)
The ruling is the first federal district court decision on the statute's constitutionality; a bankruptcy court rejected similar challenges to DOMA in In re Kandu, 315 B.R. 123, 30 FLR 1471 (W.D. Wash. 2004).
Continue Reading...Tuesday, February 15, 2005
By Wendy McElroy
He attacked around midnight, choking her, dragging her by her hair, brutally raping her over and over again.
But as the husband of his victim, this violent rapist may receive only 1 1/2 years imprisonment and, perhaps, none at all. A stranger committing the same crime could receive 14 years.
Prosecutors in Coconino County, Ariz., think the discrepancy is unconstitutional. Accordingly, they have ignored the state's marital rape exemption (search) and charged the husband in question under standard rape law.
In doing so, the prosecutors have entered a centuries-old debate on the issue of whether a rape, by definition, can occur between husband and wife.
Continue Reading...The Associated Press
ORLANDO, Fla. - Ex-Arizona Wildcat Annika Sorenstam, the No. 1 player in women's golf and one of the most famous female athletes in the world, has filed for divorce from David Esch, her husband of eight years.
Golfweek magazine reported the divorce was filed Feb. 4 in Circuit Court of Orange County, not far from where Sorenstam and Esch live in the gated community of Lake Nona. The suit has been sealed, and no other details were available. To read the full article, click here.
February 13, 2005 -- DISGRACED super star Michael Jack son is so strapped for cash, he may be forced to start selling assets, including the song catalog of The Beatles, sources tell The Post.
The mother of his children, Debbie Rowe, is suing him for $1 million in alimony. Lucky for Ms. Rowe, spousal maintenance, i.e., alimony, is nondischargeable in bankruptcy. To read about Michael Jackson's numerous financial woes, click here.
Untying the knot
Debra J. Saunders
Sunday, February 13, 2005
LAST WEEK, the Vatican released 111 pages of new guidelines on how the Roman Catholic Church's tribunals should handle the annulment of marriages. Pope John Paul II already had let it be known he was unhappy with the spike in Catholic annulments, especially in America. In 1968, U.S. churches granted 338 annulments. By 2002, the number had swelled to close to 30,000. In America, the annulment has become so common that it is known as "Catholic divorce."
The Catholic approach to divorce is clear: Divorce is a no-no; a union recognized by God cannot be broken. So Catholics who divorce, then remarry without a church annulment, cannot take Communion -- unless they vow not to have sex with their new spouses. They aren't allowed to take Communion because they plan on committing the sin of adultery, while mass murderers or pedophiles can still partake. To read the full article, click here.
In In re Ashley D., 2005 WL 45052 (Cal.App. 4 Dist.)(01/11/05), Mother appealed from the juvenile court's order which terminated legal guardianship for her daughter, Ashley D. (born in 1991), as well as any remaining jurisdiction over Ashley's case. Ashley also separately appealled the order. On appeal, Mother and Ashley did not contest the order terminating guardianship, they only challenged the termination of California jurisdiction, with deference to pending juvenile dependency proceedings in Oregon.
In doing so, Mother and Ashley asserted that the juvenile court erred in terminating California jurisdiction over the dependency proceedings arguing that under the Uniform Child Custody Jurisdiction and Enforcement Act (Fam.Code, § 3400, et.seq.), Oregon erred in adjudicating a petition for juvenile dependency concerning Ashley because California already had jurisdiction. Mother and Ashley further argued that the California juvenile court abused its discretion in terminating California's jurisdiction and deferring the matter to Oregon after granting the Oregon Department of Human Services's (ODHS) Welfare and Institutions Code section 388 petition terminating legal guardianship and California jurisdiction.
The California Court of Appeals foundthat there was no abuse of discretion and affirmed the judgment holding that the record sufficiently supports a reasonable finding that allowing Ashley's juvenile dependency matter to continue in Oregon, where she had been living for at least four years and had been the subject of juvenile dependency proceedings there for almost three years, was appropriate and in Ashley's best interest.
U.S. 6th Circuit Court of Appeals
The 6th Circuit Court of Appeals in Van Aken v. Van Aken (02/11/05 - No. 04-8037), held that the bankruptcy court properly declared obligations to pay spousal support and attorney fees, awarded as additional spousal support, as nondischargeable pursuant to 11 U.S.C. section 523(a)(5). To read the full opinion, click here.
U.S. 3rd Circuit Court of Appeals
The 3rd Circuit Court of Appeals in Bagot v. Ashcroft (02/11/05 - No. 04-2127), held that where legal custody has not been determined by decree or statute, the parent having actual uncontested custody is to be regarded as having "legal custody" of the person concerned for purpose of determining that person's status under 8 U.S.C. section 1432(a). To read the opinion, click here.
The Recorder
A crucial skirmish took place last fall in the long war over whether to carve up the 9th U.S. Circuit Court of Appeals. Conservative Republicans in the House were finally able to push through a split proposal on Oct. 5 by tying it to a Senate measure to create 58 new judgeships across the country. Democratic Sen. Dianne Feinstein blocked the bill. Now House Republicans, emboldened by their autumn victory, are preparing to try again to break up the nation's largest federal circuit court.
A ruling finds Oregon took too long to pursue a mom in New Hampshire.
The Oregon Court of Appeals on February 7, 2005 tossed out a conviction for failure to pay child support because the state took more than five years to prosecute. The case involved Elizabeth Ann Bigelow, who moved to New Hampshire after getting a divorce in 1988. A Washington County grand jury indicted her in 1997 on charges of failing to pay child support for her daughter.
Washington County issued a nationwide warrant, but Bigelow, a truck driver, apparently did not come to the attention of authorities until 2001, when an Oregon State Police trooper stopped her tractor-trailer rig on Interstate 84 on suspicion of speeding.
Bigelow's attorney argued that the long delay violated her right to a speedy trial, but a trial judge disagreed and convicted her.
The Court of Appeals reversed the case, saying that Oregon officials did not try hard enough to get the cooperation of New Hampshire officials to collect the child support. For the full story, click here.
TALLAHASSEE -- An Orlando lawmaker has filed a bill that would free individuals from paying alimony to a former spouse who is living with another person, even if they're not married.
Sen. Gary Siplin said Tuesday that he is proposing legislation that would require a court to terminate payment of alimony if it can be shown that a former spouse is cohabiting with a person of the opposite sex.
"I think ex-spouses who do receive alimony ought to receive alimony," said Siplin, a Democrat, but he said people who get remarried or have a "de facto remarriage, then at that time alimony should cease."
Associated Press
February 10, 2005, 12:59 PM EST
MIAMI -- Lawrence Taylor, the Hall of Fame former New York Giants linebacker, is seeking a divorce from his second wife, court documents show.
Taylor, 46, said in a petition filed last month in Miami-Dade County Circuit Court that his three-year-old marriage to Maritza Cruz Taylor is ``irretrievably broken'' and that the couple has been separated since July 2003. Taylor met his wife on the set of the 1999 Oliver Stone football film ``Any Given Sunday,'' in which he had a role.
Continue Reading...The Mississippi Court of Appeals, in Davidson v. Coit, Miss. Ct. App., No. 2002-CA-01570, 2/1/05, ruled that a custodial mother's exposure of her daughters to her lesbian lifestyle and her failure to take them to church were properly considered by a trial court in changing custody to their father.
While acknowledging that the divorce court was aware of the mother's sexual preference when it originally awarded her custody (and that the fact that she was a lesbian would not support modification), the court found that the evidence buttressed the father's contention that her post-divorce conduct was detrimental to the children. It also found that in awarding custody to the father the trial court did not err in taking into account the fact that the mother did not take the children to church When the parties divorced in 1997, they were granted joint custody of their two daughters, with the mother having primary physical custody. In 2001, the father filed for modification, asserting that the children (then ages 7 and 9) had been exposed to the mother's lesbian lifestyle and that her live-in girlfriends and the maternal grandmother were raising them.
Continue Reading...The Arkansas Court of Appeals, in Weesner v. Johnson, Ark. Ct. App., No. 04-784, 1/19/05) ruled that the trial court erred as a matter of law in assuming jurisdiction over the custody aspect of a divorce case where the parties' child had never lived in Arkansas.
At trial, the resident father, who had requested custody in his divorce petition, acknowledged that the child had been born and resided in California, and said that the mother and child had also lived in Arizona and Nevada for brief periods. The mother, however, moved for a dismissal of the custody matter and submitted an affidavit maintaining that while she and the child had moved around the state, they had always resided in California. (The parties had separated prior to the child's birth in 2001.) The trial court held that it had custody jurisdiction over the parties and the subject matter.
Continue Reading...A divorced father's one-time lump-sum severance payment from his former employer constitutes "gross income" for child support purposes, the Maine Supreme Judicial Court held 02/02/05 in Walker v. Walker, Me., No. 2005 21.
The court acknowledged that although the state support statute expressly includes the term "severance pay" as an example of gross income, it introduces the example as income that is derived from an "ongoing source." The Court said, however, that reading the provision in its full context revealed that gross income for child support purposes generally includes all payments received by a parent in the scope of employment. Since the father here received the severance payment as a lump sum from his employer at the termination of his employment, the Court reasoned, it was in the nature of income related to employment.
Recognizing that the statute refers to an "ongoing source," the Court noted that the father's severance payment was generated from what had been such a source--his employer. "The fact that it was the last payment from the employer should make no difference," the Court explained, adding that "[i]f it did, the last payment of any wages from an employer would have to be excluded from income because it did not represent a payment that would be followed by another and thus would not be from an ongoing source." In rejecting such a restrictive interpretation, the Court also found no evidence of a legislative intent to distinguish lump-sum severance pay from a severance package disbursed over time. "Although severance pay is made upon the termination of employment, no matter what form it takes it is payment derived from what was an 'ongoing source' employment compensation," the Court concluded.
By PATRICK D. HEALY
Published: February 8, 2005
ALBANY, Feb. 7 - Chief Judge Judith S. Kaye called on the Legislature on Monday to consider passing a no-fault divorce law, warning that New York's cumbersome process for divorce may be "hurting children" and further embittering estranged couples.
New York is one of a few states without some form of one-step no-fault divorce, partly the result of years of opposition from some women's rights groups, the Catholic Church, legislators, and others who believe that easier divorces and quick settlements might harm one spouse - often women - who have historically earned less money or have not worked outside the home.
Yet Judge Kaye, who leads the Court of Appeals and oversees New York's judiciary, argued in her speech that a "fair" compromise should be possible to dissolve marriages that are obviously over, protect the rights of both spouses, and aid victims of domestic violence who may find themselves trapped if their spouses evade fault or refuse to grant a divorce. She also called for appointing more judges to the heavily burdened Family Court system.
Judge Kaye also said that "consensus has built" in New York for no-fault divorce - including an endorsement last year from the Women's Bar Association, which reversed its early opposition (and which counts Judge Kaye as a member).
"After long and careful reflection," Judge Kaye said, "I, too, have come to see that requiring strict 'fault' grounds may well simply intensify the bitterness between the parties - wasting resources, hurting children, driving residents to other states for a divorce and delaying the inevitable dissolution of the marriage." To read the full article, click here.
Mark Fass
New York Law Journal
02-08-2005
The New York City Law Department intends to take the Manhattan Supreme Court decision ordering the city to permit same-sex marriages straight to the Court of Appeals, the city's chief attorney announced Monday.
"[W]e plan to seek permission to appeal directly to the Court of Appeals so that a decision on this important issue can be reached as quickly as possible," Corporation Counsel Michael A. Cardozo said in a written statement.
"Since courts of this state disagree whether or not the state marriage law is unconstitutional, it is essential that this issue of statewide importance be decided definitively by the state's highest court, so that the law can be uniformly applied throughout our state," he added, citing three recent state Supreme Court decisions that dismissed similar suits.
Continue Reading...The Supreme Court considered gay rights at the justices' first private conference of the new year on Jan. 7. The Florida gay adoption case, Lofton v. Secretary of the Florida Department of Children and Families, is one of dozens of cases the Court discussed at its conference with an eye toward granting or denying review.
Continue Reading...A Manhattan judge has declared New York's Domestic Relations Law unconstitutional and enjoined the city clerk from denying same-sex marriage licenses. Supreme Court Justice Doris Ling-Cohan ruled Friday that the statute violates the Due Process and Equal Protection clauses of the state Constitution. The decision could put New York on the same path as Massachusetts, whose highest court found its state law unconstitutional. New York Law Journal, February 7, 2005.
The Committee on the Rules of Procedure in Domestic Relations Cases is nearing completion of the first draft of the Arizona Rules of Family Law Procedure (ARFLP) and plans to submit a report of its findings and recommendations and the rules for approval to the Committee on Superior Courts (COSC) in February, 2005 and the Arizona Judicial Council (AJC) in March, 2005. If the Rules are approved by AJC, the Committee will submit the Rules for approval during the Justices' Rules Agenda in June, 2005 and circulate them for public comment until August, 2005. The DR Rules Committee is hopeful to have the ARFLP effective on January 1, 2006.
Continue Reading...British actor Ben Kingsley has filed for divorce from his third wife Alexander after seeing photos of the German beauty with her new boyfriend. To read more, click here.
A statute limiting a court's power to grant obligors credit against child support arrearages may be applied retroactively, the Wisconsin Supreme Court held Jan. 20. Rejecting the argument that such application violated an obligor's due process rights, the court found that the statute serves substantial public interests. See Barbara B. v. Dorian H. (In re John R.B.), Wis., No. 03-1877, 1/20/05). To read the full opinion, click here.
Non-divisible Tier I benefits that a divorcing husband expects to receive under the federal Railroad Retirement Act may be considered as income to him and thus treated as a source of alimony payments to his wife, the Georgia Supreme Court decided Jan. 24. In addressing this issue of first impression, the court, in Lanier v. Lanier, Ga., No. S04F1710, 1/24/05)stressed that such treatment does not circumvent federal law. To read the full opinion, click here.
Yavapai County Superior Court has established local rule 8.1, effective February 1, 2005, which sets forth the practice to be followed when submitting consent decrees to the court for signature.
Continue Reading...The Maryland Court of Special Appeals ruled that the pending appeal of a custody order does not divest the trial court of jurisdiction to enter another custody order upon proof that, as a result of a material change in circumstances, a change in custody is in the child's best interests.
Continue Reading...In In re Sanders, Tex., No. 04-0243, 12/17/04, the Texas Supreme Court decided that a lawyer representing a husband in a divorce and child custody case did not become a necessary witness by embarking on a barter arrangement in which the client performed carpentry work on her law office to pay legal fees.
The court found that even if the barter arrangement had some bearing on the husband's ability to provide child care or pay child support, the wife could use sources other than the husband's lawyer to prove those facts. The lawyer must be reinstated as the husband's counsel, the court concluded.
Continue Reading...It was within a divorce court's discretion to award attorneys' fees incurred by a non-resident wife in connection with her California custody litigation, the New Mexico Court of Appeals has decided.
Explaining that the lower court was authorized to make a fee award because of its personal jurisdiction over both parties and subject-matter jurisdiction over the division of their property, the court stressed, however, that such an award was not mandatory. See Bursum v. Bursum, N.M. Ct. App., No. 2004 133, 10/28/04, released 12/13/04.
Continue Reading...It was within a divorce court's discretion to award attorneys' fees incurred by a non-resident wife in connection with her California custody litigation, the New Mexico Court of Appeals has decided.
Explaining that the lower court was authorized to make a fee award because of its personal jurisdiction over both parties and subject-matter jurisdiction over the division of their property, the court stressed, however, that such an award was not mandatory. See Bursum v. Bursum, N.M. Ct. App., No. 2004 133, 10/28/04, released
12/13/04.
In LaBrecque v. Terefenko, New Jersey App. Div., February 2, 2005, Father wins $200,000 from New Jersey State Lottery. Father, feeling good, then pays $16,000 to his children. Later on, when he moves to terminate child support because of the emancipation of one child and other factors, he claims that he "overpaid" child support by the $16,000 amount. The New Jersey Court of Appeals held that Dad's voluntary payments should not be used to penalize Mother, just because he chose to share his winnings with his children.
Father, in Carolina, etc. v. A.B.W., N.J. App. Div., February 3, 2005, attempted to vacate child support order entered more than 7 years after paternity was established by an HLA test showing a 99.74% likelihood of paternity. Court however, found that Father presented no evidence to support his claim that the testing was defective or that the testing laboratory supported his claim that the test excluded him as the father of the child. Father's efforts to the contrary were denied on appeal.
D.C. Councilmember Phil Mendelson (D-At-Large) on Jan. 18 introduced a bill to expand the city's domestic partners law by providing an additional package of benefits and obligations for same-sex couples, including inheritance rights and a requirement to support a partner after a breakup through payments similar to alimony.
The legislation, Bill 16-52, the Domestic Partnership Equality Act of 2005, would provide same-sex and opposite sex couples that register with the District government as domestic partners with another seven benefits or obligations that currently are applicable only to married couples.
Among them are the recognition of domestic partners and their children as legal heirs should a partner die without leaving a will; immunity from testifying against a partner in a civil or criminal case; the obligation to repay a partner's debts; legal standing to sue for negligence in the event of a wrongful death of a partner; and the right to make the equivalent of legally binding "pre-marital" agreements.
The bill would also allow one partner to assume the power of attorney to manage the other partner's legal affairs.
In the event of a separation or dissolution of a domestic partnership, the bill establishes the same procedures and requirements for alimony and child support that currently exist under D.C. law for the separation and divorce of married couples. Obligations for alimony and child support are enforceable by the D.C. courts and could result in garnishment of wages or imprisonment if a domestic partner fails to comply, the bill states.
Nine of Mendelson's colleagues on the 13-member Council have signed on as co-sponsors to the bill, indicating that the measure already has enough votes to pass. Among the co-sponsors are gay Councilmembers David Catania (I-At-Large) and Jim Graham (D-Ward 1).
Continue Reading...Time and time again, dogs and cats are worth fighting over in divorce cases.
Dogs figure prominently in divorce settlements!
Washington -- Pets seem to have become the bone of contention for their owners, who are prepared to launch a legal custody battle to retain ownership of their pet if they get divorced, if a new survey is to be believed.
According to Daily Mail, the survey of 750 people by Direct Line Pet Insurance revealed that two out of five would be willing to pay off a partner to secure guardianship of a dog.
Some even said they would be prepared to shell out $10,000 to keep their animal. One in six people have already discussed custody of their pet in the event of a divorce.
"Splitting up with a partner is traumatic enough, but losing custody of a pet makes the break even harder to deal with. With these findings in mind, we're reviewing the legal liability in our insurance policy for dog owners to see if it needs to include pet custody battles." Chris Price, business manager at Direct Line Pet Insurance was quoted as saying.
A frozen embryo destroyed in a Chicago fertility clinic was a human being whose parents are entitled to file a wrongful-death lawsuit, a Cook County judge ruled Friday.
Attorneys on both sides of the abortion issue said it was the first such ruling they had heard of as the country debates whether stem cells derived from embryos can be used in research and medicine.
Alison Miller and Todd Parrish hoped to conceive a child with help from the Center for Human Reproduction, but the one fertilized egg the couple created was thrown out "in error" by a clinic worker.
Friday, Judge Jeffrey Lawrence II said "a pre-embryo is a 'human being' ... whether or not it is implanted in its mother's womb" and the couple is entitled to seek the same compensation awarded to other parents whose children are killed.
"Philosophers and theologians may debate," he wrote, "but there is no doubt in the mind of the Illinois Legislature when life begins. It begins at conception."
Continue Reading...DURHAM, NC -- Two months after spending 48 hours in jail for lagging in his alimony and child support payments, City Councilman John Best reportedly is behind again.
Court records show that he missed a $250 court-ordered payment on Monday, and that he now has arrears of $11,351.04 on alimony and $2,237.44 on child support.
In further violation of court orders, he failed to make a full alimony payment of $1,150 in January, court records indicate.
If Best doesn't catch up by the end of the month, he likely will be summoned before a judge again, a clerk said Thursday.
Continue Reading...LOS ANGELES (Zap2it.com) - The Lohan Family saga continues.
A recent press conference held by Lindsay's dad Michael Lohan and his attorney announced that they are seeking alimony -- about $3 million, half of the 15 percent of Lindsay's income that she reportedly gives to her mother, who filed for divorce in 2004. Michael Lohan is also requesting that various members of his estranged family undergo tests for drugs and alcohol.
Lindsay's attorney warned that "hashing" their differences out in the media would have grave consequences. Her release stated that "re-publishing malicious falsehoods" made by Michael would not only be "highly damaging and defamatory" to his clients, but may also "constitute evidence of actual malice" if these statements aren't checked for corroboration or refutation.
Beyond this warning, the letter continues with a long and detailed rap sheet of Michael Lohan's offenses, calling into question his trustworthiness and character.
Continue Reading...OLYMPIA, Wash. -- Some Washington judges have interpreted state law to mean they can deny women divorces because they are pregnant. A bill promises to clear up any confusion. All of this stems from the plight of a Spokane woman, Shawnna Hughes, whose divorce case brought national attention to the issue.
Last November, Spokane County Superior Court Judge Paul Bastine revoked Hughes's divorce because her husband was not told she was going to have a child and the paternity hadn't been established.
Continue Reading...The Court of Appeals, Seventh Circuit, in Dupuy v. Samuels, (7th Cir., 02/03/05) set forth the Illinois Department of Children and Family Services procedures for investigating and disclosing allegations of child abuse requires the factfinder to consider all available evidence that tends to show that abuse or neglect did or did not occur. To read the full opinion, click here.
The rabbinical courts published the 2004 divorce statistics Wednesday; 9,650 couples divorced in Israel over the past year. According to Army Radio, this is a four percent increase from the 2003 statistic. The city with the highest divorce rate is Tel Aviv, where 759 couples separated. Jerusalem follows. To read more, click here.
A new bill before the state legislature would help kids legally divorce their families. But advocates say these kids have already been thrown out by their parents and almost everyone else.
(KSL News) -- A new bill before the state legislature would help kids who've been "thrown away" by their families. The bill allows kids 16 and older to emancipate themselves to get medical care and housing.
Some of the so-called "throw-away kids" include foster care kids, teenagers who've come out as gay or lesbian and kids who've left polygamy. To read more, click here.
David Markin, whose ex-wife won one of the largest divorce settlements in Palm Beach County history, wants to start over.
He continued his fight Tuesday in the Fourth District Court of Appeal over the $53 million awarded his ex-wife Susan Markin.
Circuit Judge Edward Garrison ruled Susan Markin was entitled to half of her ex-husband's $106 million in marital assets after the 15-year marriage ended in December 2002 after two years of court wrangling.
On Tuesday, David Markin's attorney, Joel Weissman, asked the Fourth District Court of Appeal Tuesday to throw out the $53 million decision. "We want the entire judgment reversed and a new hearing," Weissman told the three-judge panel. To read more, click here.
There may soon be a change in visitation rights when Virginia couples file for divorce.
A bill in play at the General Assembly would take away a judge's power to establish a parent's visitation schedule. Some Virginia parents believe the current system is unfair. Parents spoke out Wednesday, saying they want a new law to establish fair visitation guidelines for parents going through divorce. Proponents of the bill say it would also drastically reduce attorney's fees. The bill would establish guidelines for judges during divorce proceedings.
Continue Reading...Where both parents are "voluntarily impoverished," hypothetical monthly child support expenses should not be awarded to the wife with the assumption that she will obtain full-time employment in the future. This was the ruling of the Maryland Court of Special Appeals, in Shenk v. Shenk, No. 2349, September Term 2003, Court of Special Appeals of Maryland, October 28, 2004, as amended Nov. 23, 2004.
Continue Reading...Statistically, marriages between those in their late teens and early twenties have almost twice the divorce rate as those of individuals who wait a few more years to get married. Nationally, the divorce rate among 18- to 22-year-olds is 80 percent, almost double the national average.
Pete Padilla, associate professor of sociology at ASU, believes that younger couples encounter divorce more frequently because "[t]here are those who marry because they cannot have a sexual relationship because of religious or moral obligations and see marriage as a way to solve that problem" and that younger couples "don't take the time to fully understand the pressures that marriage brings, like when to have children or where the money is going to come from." To read the full article click here.
The Department of Vital Records has informed all Arizona courts that name change orders (or to list the name of the father in a paternity case) that do not contain language explicitly ordering Vital Records to make a change in its records will NOT be acted on by Vital Records, and that Persons requesting an amended birth certificate from Vital Records, will be referred back to the courts.
In other words, make sure Vital Records is expressly ordered to take particular action. Otherwise, you are likely to face administrative issues.
Many parents believe it far more feasible to come to their own agreements regarding child support. Sometimes these agreements, for one reason or another, involve one parent's waiver of their right to receive child support payments. Is this possible in Arizona? Probably not.
Continue Reading...The mother of Ray Charles' 17-year-old son drastically reduced her request apologizing to a judge for previously seeking at least $60,000 a month. Den Bok, the child's mother, initially asked for $3,000 a month, then demanded at least $60,000 to pay for "the lifestyle he enjoyed" before his father's death. She is now asking for $12,000 to $15,000.
Former Cincinnati Bengal first-round draft choice James Francis was arrested in his home state of Texas on Thursday.
Francis has been a "wanted man" for more than four years for failing to pay $395,000 in back child support. A warrant was issued for his arrest as a result of his failure to appear at his arraignment. Drafted out of Baylor University in 1990 by the Bengals, the linebacker played for the team for nine seasons, where he earned millions of dollars in salary. His 2000 indictment indicated that as of December 2000, he owed $94,000 for a then-6-year-old son. In that case, Francis was ordered to pay the child's mother $6,000 per month in child support and another $120 per month to process his payment.
The wife of former "The Brady Bunch" kid Barry Williams has filed for divorce, according to court papers. The couple formally separated earlier this month and have a 2-year-old son, according to the divorce petition filed California Superior Court. Williams requested sole custody of their son and asked that her husband have visits only with a nanny present, according to the petition.
Former Seattle Seahawks running back Chris Warren pleaded guilty yesterday to a federal charge of failing to pay child support.
Warren was arrested in Virginia in September after an investigation by the U.S. Department of Health and Human Services Inspector General's Office, which enforces the federal Child Support Recovery Act of 1992. Warren, 38, owed about $128,000 in back support at the time of his arrest, said Assistant U.S. Attorney Jeff Sullivan. Warren paid the back support, was released on bond and returned to Seattle to face the misdemeanor charge in U.S. District Court. To read more, click here.
In determining the validity of an out-of-state marriage that is expressly prohibited by A.R.S. §§ 25-101 and -112, does one apply the law from the state where the marriage was celebrated or the law of the state of Arizona?
The Court of Appeals in Cook v. Cook, CA-CV03-0727 (Ct. App., Div 1. 01/13/05), addressed this issue. To read the text of the opinion, click here.
It's a situation many pet lovers might find familiar: You say it's all right for the dog to sleep in the bed; your partner says no way. Suddenly a minor disagreement has turned into a major blow-out. Some experts say it's becoming more common for couples to to bicker over their pets, and in some cases, these "pet peeves" can lead to separation or even divorce.
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