When parents cannot agree about child custody, a court may be asked to make a determination. In this event, the court looks to the lifestyle and living arrangements of the parents, among other factors. Medical conditions and treatments for the children may also be considered.
]]> Some studies report that 12.5 million children across the country suffer from obesity. This is nearly triple the number that were obese in 1980. This health status of children has led some to consider obesity when making decisions such as child custody.Because obesity is seen as a treatable condition, a court may be asked to consider it when making a child custody determination. If one parent has been largely responsible for the care and maintenance of the children, an obesity issue may lead to questions regarding the parenting style of that parent. A court typically considers all aspects of a child's medical history in making a child custody determination.
Those in Arizona who are facing divorce and child custody decisions, may find it helpful to seek professional advice as they work toward a resolution with an ex. They may find it helpful to review all aspects of a child's life, including his or her medical history. This information may assist as a decision about child custody is made in a divorce matter.
Source: South Source, "Child Obesity Becoming a Legal Custody Issue," Darice Britt, May 10, 2012
]]>It is said that nearly all of the divorce matters being filed have at least some use of electronic evidence. This can be as small as a Facebook posting. In other cases, though, the evidence is more elaborate. In one case, a woman sewed a recording device into the clothes of her son in order to listen in on her ex. However, while these ideas may seem lucrative, they can quickly cross a legal line, leading to additional problems and possibly lawsuits.
]]> In another divorce and child custody case, a mother apparently put a recording device in a teddy bear of her 4-year-old. All conversations that took place in front of the bear were then recorded for the mother's use. In that case, however, the father sued her and won $10,000 in damages as a result of the improper and invasive recordings.When people find themselves facing divorce, they may do well to consider everything that they say online. This includes use of social media, as we previously mentioned in a post in February. Additionally, some officials assert that it may be advisable to turn off phones and other electronics when engaging in personal conversations. This may help to protect against unwanted recordings in a divorce matter.
Source: chron.com, "Spy gadgets infiltrate divorces as domestic snooping booms," Mike Tolson, April 29, 2012
]]>Mediation is one area that is growing in popularity, according to reports. More people are using mediators to assist in negotiating the terms of their separation. Mediators are familiar with family law, impartial to both sides and directed toward brokering a settlement between the parties. For couples with significant assets, this can be particularly useful since you can make your own decisions about who gets what, rather than having the court decide -- although the court will still need to approve your settlement.
]]> Others who are contemplating divorce in Arizona and elsewhere have used collaborative divorce. In these instances couples work together with their separate attorneys to come to an agreement regarding the divorce without court intervention. Like mediation, this process involves negotiations between the parties, and often neutral professionals are brought in to assist in the various aspects of divorce. The positives for this type of dissolution include the ability to quickly move through the divorce process if agreements can be reached.Experts note that if a person going through a divorce suspects that the other spouse is hiding assets then these alternatives may not be the best choice. In the collaborative process and in mediation, the disclosure of assets is voluntary with no subpoena available. Additionally, it may be best to consider a more traditional divorce litigation process if a spouse has been the victim of domestic violence or one spouse has substance abuse issues.
When people in Arizona decide to file for divorce, they often hope that the process can be as emotionally and financially painless as possible. Although it can be a difficult and stressful time, there may be options to help alleviate the need for court intervention in some divorce proceedings. A careful consideration of all aspects of the divorce process may be in order as a person seeks to file for a dissolution.
Source: Forbes, "The Four Divorce Alternatives," Jeff Landers, April 24, 2012
]]>Financial experts say there are a few things consider. The parent who makes the least income should have primary custody and secure the tax write-off for the child for the year before sending applications to colleges. This setup allows the child to maximize his or her opportunity to receive the best financial aid package. Further, child support paperwork should stipulate that both parents must cooperate to disclose financial information on all financial aid applications in order to meet submission timelines.
]]> College preparation and college-related expenses for Arizona students should be spelled out in the divorce papers. It's important to be detailed so there is no confusion in the future. Examples of expenses to think about include admissions applications, standardized tests, and hotel fees for school visitations as well as all costs directly related to college, including tuition, books, and room and board. Parents might also want to consider capping the amount they will shell out each year.In all child support and divorce cases, making sure that explicit language is written into all finalized paperwork may remove any ambiguity. Regarding future and present college expenses, sorting things out early can go a long way toward making sure your child is covered for college.
Source: Huffington Post, "Divorce Questions: How Is College Tuition Divided Among Exes?" Honoree Corder, April 17, 2012
]]>Project Runway star Heidi Klum has announced that she has officially filed for divorce from her husband, singer Seal. The couple has been married for seven years, according to reports. They have four children. Reports state that the couple grew apart in recent years but that the separation is amicable. Until their separation in January, the celebrity couple was known for their public displays of affection and an annual renewal of marital vows.
]]> We don't have much information yet about negotiations over property division or other matrimonial issues. Both of the members of this celebrity couple have had successful careers, including modeling for Klum and hit records for Seal, so it's possible that property division could be an important factor as both are likely very wealthy.As is sometimes experienced by Arizona couples who file for divorce, the process can be long and difficult emotionally and financially. In high-asset cases such as this, negotiations are sometimes stressful as the spouses work to divide property and assets acquired during the marriage. However, it's important to know that there are ways to work through these issues and ensure a fair settlement. Understanding the laws surrounding divorce can go a long way toward ensuring a fair resolution.
Source: WPTV, "Heidi Klum, Seal to divorce: Model and Project Runway host files papers in California," April 7, 2012
]]>In many cases, any settlement negotiated for property division during a divorce is difficult for the parties to change. One of the few permissible reasons for a change is mistake. However, for a court to find that a mistake existed that would allow a modification of a property division agreement, it must have been substantial. In addition, the event that caused the mistake to have been in existence at the time of the agreement, and the parties must have been unaware of it.
]]> Recently, a man requested that a New York court find that a mistake had been made at the time of his divorce property division agreement. The man and his ex-wife had valued an investment managed by financier Bernie Madoff at $5.4 million. Based on that estimated value, the ex-wife received a payment for $2.7 million as part of her property division settlement. But Madoff was later exposed as a fraud, and the fund 's value disappeared in the aftermath of the Ponzi scheme that was uncovered.Asking the court to require a return of the $2.7 million payout to the wife, the husband asserted that the couple was originally mistaken as to the value of their martial estate. However, the court ruled that the original property division was valid, and that the wife did not owe the husband a refund for an investment gone bad -- any more than the husband would owe the wife more money if the investment had increased in value. Arizona couples face similar property division issues when negotiating divorce agreements and would be wise to assure themselves of the actual value concerning each asset involved.
Source: The Wall Street Journal, "NY's top court refuses to undo divorce settlement," April 3, 2012
]]>Statistics now show a shift in divorce rates between couples who live together prior to exchanging vows and those who do not. A recent study administered by the national Centers for Disease Control and Prevention found that those who lived together but were not engaged were more likely to get a divorce before they had been married 15 years. The researchers considered that some non-engaged couples were perhaps less committed prior to marriage, among other reasons for the higher divorce rates. Notably, those living together and also engaged were found to have about the same chance for the marriage to last 15 years as those who did not live together before the weeding.
]]> The study also considered ethnic backgrounds. Asian women, for instance, led the pack with some 70 percent of them still in their first marriage after 20 years. Also, the percentage of young women living with their male partner prior to marriage has grown to 11 percent currently, from 3 percent in 1982.Regardless of the length of a marriage, when an Arizona couple begins to consider divorce, they must consider all aspects the marriage's financial situation. While longer marriages may give rise to more complex property issues, each case is typically considered and negotiated on its own terms. Those couples who are able to maintain open lines of communication and work to gather the relevant documentation for negotiation may find that they are ahead of the game as they seek a fair marital dissolution as a means to establishing a new life.
Source: NorthwestOhio.com, "Move-in before marriage no longer predicts divorce," March 22, 2012
]]>When a couple finds that their marriage is unsustainable, one of the first things to consider is the financial impact of a marital dissolution on the family. Setting up and running two households rather than one can cause financial hardships in some instances. Planning for the divorce and life after the paperwork is final can be a benefit for both parties.
]]> When contemplating a divorce, it is helpful if each party takes the time to create a list of all assets and liabilities. This list should include all financial obligations as well as savings, investment accounts and retirement plans. After the list is made, a discussion between the spouses may be useful where possible to identify which of the assets each would like to retain after a judgment of divorce is entered.During a settlement negotiation a couple can consider many issues. These often include long-term medical insurance needs and retirement plans. These discussions, though sometimes heated, may help to determine an equitable division of assets and liabilities.
After a divorce is final, those Arizona residents affected would do well to revisit their estate planning documents to determine if beneficiaries should be altered. In some cases, the decision may have been made and effectuated during the divorce settlement. There may also be changes needed to life insurance and other investments. A person considering or negotiating a divorce may be well advised to concentrate not only on property division but also on planning a financial future.
Source: Miami Herald, "Facing the financial facts of getting a divorce," Andrew Menachem, March 10, 2012
]]>Counties and states use many different means to collect back-due child support. In some instances they can garnish wages, take tax returns or refuse to allow a person to obtain a passport when child support is due. Failing to pay can also cause a person to lose a driver's license or suffer other penalties.
]]> Arizona readers may be interested to learn about a recent case in which the Minnesota Department of Human Services teamed up with federal agencies to deny a passport renewal to a man who had failed to pay thousands of dollars in child support. The agency refused the renewal until all amounts owed were paid. Reports state that the man paid $32,000 in back child support after the passport refusal.When an Arizona parent finds himself or herself in a similar situation of not receiving owed child support, it may be necessary to alert authorities to the failure to pay. A state agency may have the power to assist a parent who is owed back child support.
Child support is always ordered with the child's best interests in mind. When a parent fails to meet these obligations, the child's best interests are at risk. Hopefully those parents who have found themselves unable to make support payments take legal routes to modify an order rather than simply skipping payments altogether. It may go a long way toward preventing unnecessary hardship for both children and custodial parents.
Source: KSTP TV, "Dakota County Collects $32,000 in Back Child Support from One Individual," Michelle Knoll, March 16, 2012
]]>A recent study from a major university showed that divorce filings for couples over the age of 50 have doubled in the past two decades. In fact, in 2009, approximately one in four divorces in the U.S. involved couples who were 50 or older.
]]> Arizona couples considering a divorce must review all of their martial assets as they seek to negotiate a property division settlement. With a long-term marriage, the division may be complicated by the need to consider an impending retirement and future income streams. Retirement plans, 401(k)s and investments are just a few of the assets a married couple may acquire over the course of a lengthy relationship.Creating a budget that reflects the true amount that it will cost to support two households annually may be the best first step for a divorcing party. This budget may offer a starting point for a couple confronting property division matters. Many times, an older divorcing couple is able to reach an agreement. When that does not occur, a court can step in and provide a solution. Nevertheless, those that embark on divorce negotiations fully informed and with all of the relevant facts at hand generally have an easier time of reaching an equitable resolution of all outstanding issues.
Source: Fox Business, "The Boomer's Guide to Divorce," Kathryn Tuggle, March 7, 2012
]]>Under the law of Arizona and all other states, pets are technically property, meaning that the law treats them more like a piece of furniture than as a member of the family. Yet according to a news report, judges are increasingly taking a more nuanced view by taking into account the emotional bond that divorcing spouses may share in regards to their pet. Moreover, whereas people in the past may have felt embarrassed to fight over custody of their dog or cat, that is no longer the case.
]]> When the divorce matter also involves child custody, judges will typically award custody of the pet to the same spouse who is the custodial parent. But when the pet is effectively the child in the divorce, then that may lead to creative arrangements in which spouses split time with the pet. However, because there is no law concerning pet visitation rights, it may be beneficial to work out a custody arrangement outside a court setting and with the help of an attorney. This way the spouses may be able to come to an agreement that takes into account their unique needs.Source: Boston.com, "Divorce lawyers: Pet custody cases increasing," Sue Manning, Feb. 28, 2012
]]>Terrence Howard is perhaps most known for his role in "Hustle & Flow," for which he earned an Oscar nomination. However, he is currently in a divorce battle with his wife, and a judge recently ordered him to pay temporary spousal support of $10,000. The judge additionally ordered him to pay his estranged wife $40,000 for her accounting and legal fees. His wife claims that she is ill and unable to work.
]]> For his part, Howard disputes the court-ordered spousal support and believes that it should be minimal. He says the two were together for only six months and that more than $170,000 disappeared from an account the two hold jointly. On the other hand, the wife contends they were together for 18 months, and that the only money she took was from a community account.Such drastically differing accounts of their relationship are not necessarily surprising. Spouses may use different dates to judge how long they were together, and they may disagree on how events took place. Here, Howard's wife is additionally claiming to be the victim of physical abuse, although Howard disputes this. To sift through different stories and to adequately determine the correct amount of alimony, a court in Arizona and elsewhere will use several factors that it will weigh and balance against one another.
Source: KABC, "Terrence Howard disputes spousal support," Miriam Hernandez, Feb. 21, 2012
]]>For some Arizona couples, especially those who come into a marriage with significant property, a prenuptial agreement can be beneficial. The agreement is typically drafted prior to the marriage ceremony and outlines the details of property division should the couple divorce. This can save a separating couple time and money in the dissolution process.
]]> Family law attorneys across the country report that the number of couples requesting pre-nuptial agreements prior to marriage is increasing. Pointing to a 40 percent divorce rate, some suggest that it is a good idea for a soon-to-be spouse to consider protecting his or her assets with a prenuptial agreement. Commonly, those entering second marriages may have large amounts of individual property to consider or may also be interested in providing for children of a prior relationship.Those who do not have a prenuptial agreement may pursue other forms of a negotiated settlement. A settlement agreement can cover all aspects of the couple's financial lives as well as other family matters such as child custody and visitation. Spousal maintenance and retirement benefit allocation can be addressed along with the division of property.
Because an Arizona high-asset divorce normally involves large sums of money and other assets, those involved would do well to educate themselves concerning the law as it applies to the facts and circumstances of their matrimonial matter. Often, those facing divorce are confused and even intimidated by the legal process. It can be helpful to seek the advice of legal professionals while determining what is best to achieve a fair resolution of all outstanding family issues.
Source: 10news.com, "Is A Prenuptial Agreement Right For You?" Ed Greenberger, Feb. 14, 2012
]]>After several appellate cases were decided that determined it is inappropriate for a family court judge to rely on the guidelines (because they are not the law in Arizona), the Superior Court disavowed the use of the guidelines.
If you meet with an attorney and he/she informs you that there are spousal maintenance guidelines in Arizona (or Maricopa County), you are not being provided accurate information.
At this link you can find information about spousal maintenance.
]]>I think this article provides great information.
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