Many times, when one spouse is hiding assets there are telltale signs. Like the husband will insist that an attorney isn't necessary for the divorce process. Add to this if he happens to be self-employed and this should be a red flag that something doesn't seem right. In fact, the real reason behind him not wanting an attorney to be involved could be out of fear that hidden income will be found.
]]> Other red flags also include if the spouse's lifestyle clearly does not match up with their income.If the spouse is a business owner, it's a good idea to look and see if there are multiple tax entities or unusual business expenses. In one case, a spouse had claimed that $15,000 was used as a business expense to plant four trees on the business' property. However, that business was in an industrial park where there wasn't a tree in site. Turns out, the $15,000 was really going to a personal expense.
In the end, if you are going through a divorce and think that your spouse has hidden income and other assets, now is the time to talk with a family law attorney in order to see what the best course of action would be to take in order to make sure that you receive a fair settlement that is reflective of what your husband or wife really has.
Source: Huffington Post, "Signs That Your Soon-to-be-Ex May Be a Secret Cash Stasher," Susan Pease Gadoua, May 16, 2012
]]>According to the American Academy of Matrimonial Lawyers, close to half of the divorce attorneys who were surveyed in the U.S. reported seeing more women being ordered to pay alimony to an ex-spouse. Additionally, another 56 percent reported seeing an increase in women paying child support.
]]> When looking at why there has been a shift, sources point to the fact that many women are now college-educated and have good paying jobs. In many cases, these women are in fact so successful that they are the ones financially supporting their families.For example, let's say a female high-powered CEO is the one who goes out to work every day while her husband stays home to raise the children. In this scenario, the family is certainly relying on the wife's income, and in the case of divorce, the ex-wife could find herself on the hook for alimony.
However, the scenario between one working parent and one stay-at-home parent is also not always the case, and in many marriages it turns out that both spouses work, it's just that the wife earns substantially more.
It should also be noted, that while there have been changes in trends regarding alimony and child support, the divorce rate itself has not really changed, with roughly 50 percent of all marriages in the U.S. ending in divorce.
Source: Reuters, "Divorce courts mirror society as more women pay alimony," Patricia Reaney, May 10, 2012
]]>Across the country, this is also pretty much the standard. And, once the child support amount is set -- unless there is a child support modification made to the existing order -- choosing to pay is not discretionary. Rather, it is a court-ordered agreement. Failure to pay can result having to pay back child support, fines and even jail time.
]]> An example of what can happen if you do not pay was recently highlighted by the fact that one father may end up having to serve two years in prison for not paying his child support. The 53-year-old father pleaded guilty in a U.S. District Court to failure to pay child support obligation.With pleading guilty, the father also agreed to pay back the more than $94,000 that he owes in child support. Reportedly, the man had not been paying since his 1993 divorce, with the exception of some minimal payments made through seized income tax returns and his wages being garnished.
Aside from having to pay close to $100,000 in back child support, the father could also end up being sentenced to serve two years in prison for not paying in the first place. He is scheduled to be sentenced on July 31.
Source: The Wall Street Journal, "Feds: Father didn't pay child support for 19 years," May 8, 2012
]]>Recently, it was made public that the host of "The Bachelor," Chris Harrison, and his wife, filed for a divorce. The couple has been together for 18 years. They live in a community property state.
]]> The couple announced their decision to divorce to the public the same way that many celebrity couples do: through a joint statement. In this statement, the couple claims the decision to file for divorce after being together for so long was very difficult, but that they each still have mutual love and respect for each other.Going forward, property aside, the couple have two children, ages 7 and 9. This means the two will need to come to some sort of an agreement on issues such as who will have primary child custody, child support and visitation schedules.
When looking at the news of this divorce between Harrison and his wife, while the two do live in a state where assets acquired during a marriage are typically split evenly, it is important to note that there are situations where an even split would not necessarily be fair. In some of those cases, the judge assigned to the case can take other factors, like income, into account when making property division decisions.
Source: Reuters, "'The Bachelor' Host Chris Harrison is Getting Divorced," Edward Tan, May 4, 2012
]]>The first thing to keep in mind is that saying negative comments about the other parent is hurtful to children and can even lead to children thinking negatively about themselves. For example, since children still love their other parent, the kids could end up thinking something is inherently wrong with them for still continuing to love both mom and dad. This in turn can end up hurting the relationship between the parent making negative statements and the children.
]]> Children should also not be put in the situation where they need to make a choice or pick sides between their parents. It is unfair to them and makes them feel unnecessary pressure.It's important for divorcing parents to also make sure to explicitly tell children that they did not cause the divorce and have done nothing wrong. Even if you think the children know this, make sure to verbally reinforce it too.
Additionally, parents need to keep in mind who they are talking to, which means that children should not be burdened with information related to the reasoning for the split. This means instead of venting to your children about infidelity or fights regarding money, talk with an adult about these problems and concerns.
Lastly, do not ever fight with your ex or soon-to-be ex-spouse in front of the children. By remaining courteous and working together to raise your children, the kids will end up happier, more balanced and better adjusted to the divorce.
Source: Huffington Post, "Divorce Questions: How Do I Tell My Kids We're Getting A Divorce?" April 28, 2012
]]>In general, some look at postnuptial agreements as "divorce planning." And while in some cases this might be true, in others, creating these agreements can actually be a bonding experience that merely makes sure both spouses are protected if there were ever a split.
]]> When creating a postnuptial agreement there are many aspects that both spouses are going to want to consider, including how their financial situations have changed since their marriage, how assets would be divided among themselves and any children, and what a family-owned business would look like in the case of a separation or divorce.While creating a postnuptial agreement, both spouses will also need to have full disclosure when it comes to any investments or debts.
Additionally, for most the hope is to not work forever, which means that it's important to include language in a postnuptial agreement about retirement and just how each spouse wants to live their life at that point and what would happen in the case of an illness.
In the end, it's important to keep in mind that creating a postnuptial agreement can be quite confusing, but that a family law attorney can help to make sure everything that needs to be decided upon is addressed.
Source: WMUR, "Is A Postnuptial Agreement Right For You?"April 26, 2012
]]>Experts say that clearly defining those responsibilities in the divorce decree can prevent confusion later on down the road. Vague language will only lead to confusion when it's time for the child to attend school, which is why it's important to have everything stated, like what percentage each is going to pay for college tuition, room and board and any application fees.
]]> When looking at creating this college plan, the first thing to keep in mind is that the parent with the lowest income should have primary custody and receive tax benefits for the child during the year right before going to college. This allows the college-bound student to qualify for more financial aid resources.The divorce decree should also stipulate that both parents must commit to providing their financial information in order for those financial aid documents to be filled out in a timely matter. It would be a real shame for a teen to miss out on finances for education due to his or her parents not wanting to share information related to their earnings.
Additionally, the decree should spell out who will pay for what college education-related expenses. This is also when experts say it's a good idea to cap expenses at a certain dollar amount or percent of annual income. Setting an annual or total threshold, or limiting payments to four years, can help divorced parents maintain their financial health while providing a quality education for their children.
Finally, parents should have the decree require life and disability insurance for all college-related financial obligations to ensure that education would still be paid for in the event of a serious injury or death.
Source: The Huffington Post, "Divorce Questions: How Is College Tuition Divided Among Exes?" Honoree Corder, April 17, 2012
]]>It was announced recently that Cesar Millan, who is known as the "Dog Whisperer," and his wife of 18 years, Illusion, were officially divorced. Along with no longer being legally married, it turns out Millan has agreed to make rather hefty monthly payments in alimony and child support.
]]> Millan will pay his ex-wife $23,000 a month in alimony and another $10,000 a month in child support for the two children the couple have together. This is in addition to a one-time payment of $400,000 that he will be making to his ex-wife.However, in return for these alimony and child support agreements, Millan and Illusion have agreed to not release any intimate, personal or private information about the other. Any photographs, films, videotapes or recordings involving either of them must also remain confidential.
When looking at the terms of this couple's divorce settlement, while it did make headlines due to Millan's notoriety, it should be noted that roughly 80 percent of all divorces in Nevada involve alimony. This means that regardless of whether a person is famous or not, it's a good idea to look into spousal support. If alimony turns out to be an aspect of a divorce settlement, but a decision regarding the amount cannot be reached between two spouses, a judge will then decide if alimony will be awarded and how much that will be for.
Source: Fox News, "Dog Whisperer Facing Big Payout in Divorce," April 23, 2012
]]>Recently, "Law & Order: SVU" star Mariska Hargitay appeared on "The Ellen DeGeneres Show" to explain her family's recent adoptions.
]]> According to Hargitay, when she and her husband first went through the adoption process they were heartbroken when the biological mother of the child changed her mind. However, six long months later, the couple was able to rejoice when their little girl came home to live with them.The second time around, the process was uncommon and extremely different, when everything took just two days. The family basically got a phone call from their lawyer saying there was a little boy who needed a home.
"It all happened very quickly and that's not usually how it happens....with my daughter it took months and months and with my son it was...two days," she said.
However, as noted, this is certainly not the norm.
In general, because of the sheer amount of time that the adoption process can take, and the fact that complications can arise along the way, it is always advisable to work with a family law attorney who has experience working with parents going through the adoption process. This way there is someone to turn to when questions or problems arise, and someone also there in terms of legal representation if it is ever necessary to go to court.
Source: ABC News, "Hargitay overcome by adoption process," April 19, 2012
]]>Recently, a study looked at 136 couples who all reported being happy in their marriage for the first four years. After those four years, researchers periodically questioned the spouses over a 10 year time period on questions related to marriage satisfaction, stress levels, personality traits and their level of support for their husband or wife.
]]> It turned out, those once happy couples who later ended up getting a divorce also many times reported low levels of communication, showing more negative emotions and not having as many support mechanisms in their relationships.However, in addition to the study's findings, one can also assume that having a continued high level of satisfaction is also important in a marriage.
That being said, some researchers started to wonder what the correlation is between life and marriage satisfaction. It turns out that both seem to go hand-in-hand, with people reporting that the happier they are in life, the happier they are in their marriage. And, the more satisfied they are in their marriage, the more satisfied they are in life.
Overall, the take home message from these two studies, both of which were published in the Journal of Family Psychology, is that many times there are predictors to divorce. However, that being said, it should be noted that these findings do not necessarily apply to everyone, and there are many others reasons for a spouse to file for divorce.
Source: The Atlantic, "What Kinds of Happy Couples Eventually Get Divorced?" Alice G. Walton, April 16, 2012
]]>According to sources, while Klum had first filed for divorce asking for primary custody of the couple's four children, Seal has since filed his own documents asking for joint physical custody of the children.
]]> Additionally, when Klum filed the divorce paperwork, she claimed there was a postnuptial agreement. In theory, this would have taken a lot of the stress over property division out of the divorce. But, according to Seal, there are still some "community and quasi-community assets" that needed to be decided on.Right now, Seal is worth $15 million and Klum is worth $70 million. The couple was married for seven years.
Lastly, there even seems to be some disagreement over when the couple separated. And while Klum claims it was on Jan. 19, Seal claims the exact date is undetermined.
In general, while their story is making the headlines due to their celebrity status, it's important for any couple who is going through a divorce to understand that similar issues can arise regarding child custody, visitation schedules and property division. This is why even if everything seems amicable now it's still always advisable to have legal representation in case there are problems.
Source: New York Daily News, "Seal files response to wife Heidi Klum's divorce petition, asks for joint physical custody of couple's four kids," Nancy Dillon, April 10, 2012
]]>According to an analysis of the data compiled by the National Center for Health Statistics, the number of first children born out of wedlock, but cohabitating, was at 12 percent in 2002. However, from between 2006 and 2010, the percentage of first births to women jumped to 22 percent.
]]> When looking at reasons why, Karen Benjamin Guzzo, who is a sociologist, said that the recession most likely had something to do with this increase. The way she looks at it is that marriage is an "achievement" and is something that many couples probably wanted to do, yet with the economy, just weren't able to. However, even though they could not yet get married, they did not want to wait to have children.However, while this may very well be a factor in why there was an increase in first births born to unmarried women, Kelly Raley, who is a professor of sociology, points to the fact that socially having a child outside of wedlock is also more acceptable. She also points to the fact that more couples are cohabitating -- or living together without being married -- which would also be part of the reason more unmarried couples are having children.
Source: USA Today, "More children born to unmarried parents," Sharon Jayson, April 13, 2012
]]>A 2011 study conducted by Westlaw revealed that 41 percent more divorce filings occurred in March than in the month of January.
]]> According to sources, the start of a new year is normally a time to reflect. This is why January is the month when many couples decide that the marriage is not working and that they want a divorce.However, after this "decision month," February is normally the month where couples do their planning. They start looking around online for information regarding divorce and reach out to family law attorneys to ask questions about what their divorce will most likely look like. By March, these same couples are then ready to file.
In general, while many may not like to initially admit to friends and family that they are going through a divorce, the truth is that there is nothing to be ashamed of as approximately half of all marriages end up not working out.
That being said, even though divorce is common, it is still a legal matter and one that needs to be handled appropriately to ensure a fair outcome. Because of this, while looking for some information online is never a bad thing, anyone anticipating a divorce will also want to talk with a family law attorney to learn more about the process.
Source: CBS Minnesota, "Why Divorce Spikes In March," March 22, 2012
]]>According to sources, Rodman owes $808,935 in child support to his ex-wife for his two kids, ages 9 and 10. He is also reportedly behind $51,441 in spousal support to his ex-wife.
]]> However, when news broke that the former basketball star was behind on payments, his attorney came out saying that Rodman barely had enough money to pay for his own living expenses. Additionally, it was pointed out that with his sickness and age, his marketability is lessening, which makes it harder for him to earn money.And, while this may be true, the recent video of him at the counter of a clothing store in Las Vegas literally just throwing money around has some wondering just how broke Rodman really is.
When talking about his illness, his attorney is most likely also referring to his very public battle with alcoholism. He had gone to rehab in 2008 and was on the reality show "Celebrity Rehab" in 2009.
In general, it should be noted, that regardless of whether a person is famous or not, failing to make court-ordered child support and alimony payments is something that the courts take very seriously and can result in criminal consequences.
For Rodman, he is now facing up to 20 days in jail, on top of most likely being ordered to pay back what is owed.
Source: CBS, "Maybe Dennis Rodman Isn't Broke After All," April 2, 2012
]]>In the end, just keep in mind that while it may be hard at times, it's best to take the high road in order to have a less stressful relationship and divorce from your ex.
Source: Santa Monica Mirror, "Communicating With Your Ex After Divorce," Andra Brosh and Allison Pescosolido, March 25, 2012
]]>