The Hague Convention is one of the only means of recourse available when one parent abducts a child across international borders. This case, which involved a boy who was born in Chile and taken to Texas against a Chilean court order by his American mother, went all the way to the Supreme Court in 2010.
]]> The Supreme Court case analyzed the power of federal courts to intervene under the international treaty in custody cases where the child has been taken out of the country without permission by a parent. Additionally, the Court considered whether another country's custody order is enforceable in United States courts.The highest court's ruling allowed the boy's British father to continue his federal appeals in effort to regain custody of his son, holding that the Chilean custody order was enforceable. The case was then remanded to a lower court, where the boy reportedly told a federal judge why he did not want to live with his father.
But after the boy turned 16 recently, a United States federal judge signed an order dismissing the case. The boy's mother said that she was shocked and relieved that the case had finally come to an end.
Child custody cases dealing with relocation can be difficult and messy. That is why it is best to consult an experienced family law attorney right away if you plan to move with your child or you think your ex may be trying to relocate with your child.
Source: CNN, "Child at center of high court fight over custody gets closure," Bill Mears, Feb. 14, 2012
]]>But with engagements should also come talks about finances and prenuptial agreements. The truth is that all marriages come to an end at some point, either by death or divorce, and a prenup can help make sure that your assets go where you want them when one of these two things happens.
]]> Although it may not seem romantic at first blush, many couples find reason to sign prenuptial agreements before tying the knot. This is especially true in community property states, including California, where all income earned during the marriage is split 50-50 upon divorce.One reason prenups are gaining popularity is that many couples are choosing marry later in life, after they have already established careers and have made significant purchases on their own. A prenup allows the couple to have control over how their property should be divided in the case of a divorce, rather than being at the mercy of a judge.
Prenups are also popular in second marriages. Oftentimes, the couple has children from previous marriages, so it is important to make sure that they are provided for in the case of divorce or death.
In order for a prenup to be upheld in court, certain steps should be taken. These include:
For more information on prenuptial agreements, talk to a family law attorney in your area.
Source: Reuters, "When Valentines and prenups go together," Kathleen Kingsbury, Feb. 15, 2012
]]>Perry, the self-proclaimed "California gurl," reportedly signed the divorce papers with her name followed by a smiley face and a heart. She also asked that her maiden name, Katheryn Elizabeth Hudson, be restored.
]]> According to court documents, the couple "entered into a comprehensive written settlement of all issues." But since the settlement was reached privately, all details will be kept confidential, including the division of assets.It was reported that Brand, the lesser earning spouse, might have been entitled to half of the millions Perry earned during the marriage because the couple did not have a prenuptial agreement. However, a source revealed that Brand wasn't interested in taking any money from his ex.
In California and other states that follow community property rules for asset division, all income earned by either spouse is to be split 50-50 upon divorce. Of course, a prenuptial agreement can forgo these rules, which is why they are so popular in community property states.
Perry and Brand were married in October 2010 at a tiger reserve in India. The relationship then came to a roaring halt in December when Brand filed for divorce citing irreconcilable differences.
Although both parties have recently been linked to other romantic partners, they will not legally be single until July of this year as California has a six-month waiting period before a divorce can be finalized.
Sources: Huffington Post, "Katy Perry, Russell Brand Finalize Divorce," Anthony McCartney, Feb. 8, 2012; CNN, "Katy Perry, Russell Brand reach divorce settlement," Feb. 9, 2012
]]>This week, an appeals court ruled California's ban on gay marriage to be unconstitutional. Those in support of the ban are expected to appeal the decision before the United States Supreme Court, so the ban will likely continue until the nation's highest court has the final say on the matter.
]]> However, those who advocate for gay marriage already found reason enough to celebrate. Dozens of same-sex couples gathered outside of City Hall in San Francisco Tuesday to commemorate what lawyers called a milestone for human rights.In the appeal, supporters of the ban argued that Proposition 8 furthers "responsible procreation," but a 2-1 majority of the 9th U.S. Circuit Court of Appeals disagreed.
The panel of appellate judges ruled that the ban "serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships as inferior to those of opposite-sex couples."
Even so, the decision did not go so far as to determine that gay marriage is a fundamental right that cannot be infringed upon by any state law. Instead, the ruling stuck narrowly to the legality of Proposition 8, which means that the Supreme Court could very well do the same.
Proposition 8 was passed by California voters in 2008, making same-sex marriage illegal in the state. Soon after, two same-sex couples challenged the measure in federal court and it was struck down in 2010 by a federal judge in San Francisco.
In response, opponents of same-sex marriage filed an appeal with the 9th U.S. Circuit Court of Appeals, which again struck down Proposition 8 on Tuesday. Now the same-sex marriage opponents have the option to appeal to a larger panel of 9th U.S. Circuit Court of Appeals or the Supreme Court.
Source: Reuters, "Court overturns California gay marriage ban, appeal planned," Peter Henderson and Dan Levine, Feb. 8, 2012
]]>Sometimes parents who were once close with the children feel shut out or even disliked following a divorce. But the good news is that experts say that the relationship can heal with time if positive steps are taken.
]]> According to parenting experts, parents must be willing to invest time and energy in order to heal a parent-child relationship that has suffered as a result of divorce.Specifically, there are three forms of activity that can improve parent-child relationships, according to a recent article in the Huffington Post. They are play, conversation and outside activities.
A natural way for parents to connect with their children is through play. Every child likes to play, and it may reveal a lot more about the child than what he or she can say with words. Although parents may not consider the games their children like fun, this is an easy way to stay connected.
It is very important that children are given a chance to express their feelings during an after a divorce, which is why conversation is so important. The main role of the parent isn't to lead an interrogation, but just to offer an ear for listening and understanding.
Finally, parents can show their love for their kids by being active with their children outside of the home. This may mean going out to dinner, to movies or catching a game. Attending the child's extracurricular activities is also a great way for a parent to show support.
Source: Huffington Post, "Don't Divorce Your Kids," Nancy Fagan, Feb. 2, 2012
]]>In these cases, the parties can only hope that the judge presiding over their case will be good at what he or she does. So what are the desired qualities in a family court judge, anyway? A recent article in the Huffington Post set out to answer just that.
]]> The article listed 14 attributes that can be found in a good judge in family law. While we won't discuss all of them, here are several:These are all great attributes to have in a family court judge. Can you think of any other qualities that you would want in a judge presiding over your divorce or child custody matter?
Source: Huffington Post, "What Makes a Good Family Court Judge?" Henry Gornbein, Jan. 27, 2012
]]>Oftentimes, neither party wants to take over a loan that is exceeds the value of the home, so the parties decide to sell the house. However, the parties soon find out that the buyer will have to provide a cash payment or the lender will have to approve a short sale, which can take several months.
]]> If one party decides to stay in the house, it presents other potential problems.One is that if both parties' names remain on the mortgage, both parties can be held responsible for making the payments, even after the divorce is final and only one party is living in the house. It can also prevent the spouse who moves out from qualifying for their own mortgage.
Another is that it is very difficult to get one party's name removed from a mortgage because lenders would rather have two people to hold accountable instead of just one.
A solution to these problems is to have one spouse refinance the mortgage. It is preferable that the spouse who will remain living in the home is the one to refinance the loan because lenders are only obligated to work with the person whose name is on the mortgage.
However, sometimes the spouse who stays in the home will not be able to refinance on his or her own, especially for a house with negative equity. This is where a few additional options come into play.
First, the individual could shop around for a different lender. Second, he or she could apply for the federal government's Home Affordable Refinance Program (HARP), which allows refinancing for underwater mortgages. Finally, a co-signer is a valid option option.
Source: Nasdaq, "How to divorce your mortgage," Marcie Geffner, Jan. 26, 2012
]]>If the California couple decides to move forward with divorce there will likely be a lot of assets at stake. Not to mention, the couple has three children together and a fourth from Klum's previous relationship, so child custody will also be an issue.
]]> Ultimately, the details of a divorce will depend on whether or not the couple has executed a prenuptial agreement. It there is no prenup, all income that was earned by either party during the marriage will be split 50-50 upon divorce because California is a community property state.However, E! Online reported that a prenup is likely. A managing partner at a California family law firm told E! that "given the statures of these two people, you have got to believe that their business managers were telling them they have got to have a prenup."
E! reported that a prenup would likely keep all individual business ventures as separate income. Additionally, it could set the terms for spousal support.
According to E!, if any spousal support is granted, it is likely that Klum will be paying Seal as she earns more income. While Seal has sold 20 million albums worldwide, Klum is the second-highest paid model in the world and reportedly made $20 million last year alone.
Of course, it is certainly possible that the couple will settle their divorce confidentially out of court, which means that the terms of the property settlement may never be released to the public.
Source: E! Online, "If Heidi Klum and Seal Divorce, Will He Get His Flippers on Her Millions?," Leslie Gornstein, Jan. 23, 2012
]]>A permanent alimony award continues throughout the lives of the divorced couple, unless the court allows the order to be modified for a significant change in circumstances, such as a lost job or the spouse receiving alimony remarries.
]]> In California, most judges are hesitant to award permanent alimony. Instead, judges typically create spousal support awards for a definite period, which is often half the length of the marriage. Judges also consider a variety of factors when creating an alimony award.Some of the factors judges consider include the length of the marriage, whether or not there are minor children, the earning capacity of both spouses, and the age and health of both spouses. Essentially, judges measure one spouse's need for support against the other's ability to pay.
So what is the point of alimony, anyway? As a recent article from Forbes pointed out, the purpose of alimony, also called spousal support, is for both spouses to maintain a lifestyle that is at least somewhat similar to the one maintained during the marriage.
In other words, if one spouse stayed at home with the kids for most of the marriage while the other spouse was the primary breadwinner, the spouse who stayed home will likely see a dramatic decrease in income after a divorce without alimony payments.
Alimony is especially common in long marriages where one spouse sacrificed his or her educational or career opportunities to invest time and efforts into the family. Like community property rules, alimony is intended to recognize the non-working spouse for the non-economic contributions he or she made to the marriage.
For more information on how alimony might apply in your divorce, talk to an experienced family law attorney.
Source: Forbes, "Alimony Reforms Continue to Create More Uncertainty for Divorcing Women," Jeff Landers, Jan. 18, 2012
]]>First, Social Security retirement benefits are calculated by looking at a person's earning record. The more a person has earned in taxable income throughout their working life, the bigger the retirement benefit will be.
]]> For people who have been employed all of their adult lives, it works out fine. But for others, typically women, who spent much of their adulthood raising children without being employed outside of the home, the benefit will likely not be enough to survive off of, especially after divorce.This is why the Social Security Administration gives people the option to choose to claim benefits according to their own earning record, or in the alternative, 50 percent of their ex-spouse's benefit, even after divorce. In cases where the ex-spouse is deceased, the surviving ex is entitled to 100 percent of the benefit. However, a few standards have to be met.
First, the marriage must have lasted for 10 years or longer. Second, the person wanting to claim their ex-spouse's benefit must not be married (or remarried after the age of 60). Third, the ex-spouse's benefit must be greater.
You might be wondering how the ex-spouse with the higher benefit is affected by all of this. The answer is not at all, the Wall Street Journal reported. The ex-spouse will not lose any portion of his or her benefit, and doesn't even need to be contacted.
Instead, the Social Security Administration will access the ex-spouse's earning history and make determinations itself, including whether the ex-spouse is alive or deceased.
Retroactive payments also are available for up to six months for people who received less in benefits than they were entitled to.
This is important information for people who have been divorced and are reaching retirement age or are past retirement age. Contact an experienced divorce attorney or the Social Security Administration for more detailed information.
Source: Yahoo! Finance, "Boosting Mom's Social Security Payments," Ellen E. Schultz, Jan. 17, 2012
]]>In fact, for some people, legal separation could end up being a better choice financially than divorce. A recent Forbes article explained a handful of scenarios in which a legal separation may be financially superior to a divorce. Here are a few:
]]> To meet time requirements for Social Security. A marriage has to last at least 10 years for the lower earning spouse to be eligible for the Social Security retirement benefits of the higher earning spouse.Therefore, many older people who have been married for around seven or eight years will stay separated until they cross the 10-year mark and then get divorced, Forbes said. Remember there are additional requirements for SS benefits as well.
To stay covered by a spouse's health insurance plan. Most health insurance plans stop covering spouses in the event of divorce. This is why some couples choose legal separation over divorce. However, some insurance plans consider legal separations to be the same as divorce, so reading the plan's fine print is a must.
To keep the tax benefits of filing jointly. It's no secret that there are tax benefits for filing joint tax returns, so some people choose legal separation over divorce for that reason. However, Forbes pointed out that tax law gets very complex in this area and varies from state to state, so it is best to get the advice of a family law attorney or tax expert.
Of course, couples need to remember that a legal separation does not end a marriage. Each state also treats legal separation differently, and there are a few that don't recognize it at all. For this reason, it's important to talk to an experienced family law attorney in your area for details.
Source: Forbes, "Legal Separation or Divorce: Which is Better Financially?" Jeff Landers, Jan. 10, 2012
]]>As a recent article from Forbes pointed out, there are a growing number of couples choosing to stay legally separated for a length of time or permanently because of the financial benefits it offers in certain situations.
]]> First, let's discuss the difference between legal separation and divorce. A couple should know that when they become legal separated they are technically still married. This means they cannot marry anyone else.However, a separation agreement changes the property rights and responsibilities the couple has to one another.
When a couple becomes legally separated, they file a legally binding separation agreement with the court that settles essentially the same issues that are addressed in a divorce, including property division, alimony, child custody and child support.
One reason a separation agreement is a good idea for any married couple living apart is that it can protect each party from being held liable for the debts of his or her spouse.
"If you separate, you still remain liable for your spouse's debts and legal issues in which they are involved notwithstanding the fact that you are not living together," a divorce attorney told Forbes.
Please check back later this week for more on this important topic, including a few situations in which a legal separation could be a better financial choice than a divorce.
Source: Forbes, "Legal Separation or Divorce: Which is Better Financially?" Jeff Landers, Jan. 10, 2012
]]>The author of the article said he heard about a divorce attorney who told his client before going into mediation that it would not work, and to agree to nothing before getting approval from the attorney.
This approach is problematic for two reasons, the article said. First is that in order for the mediation to be successful, both parties and their attorneys must to go into the process with an open mind and willingness to negotiate.
The second problem is that the attorney is forgetting who will live with the decisions made during mediation. While the attorney will move on to other cases, the client will be the one who must live with the decisions made. Therefore, the client should have a voice in the mediation process, the article said.
This is all good information for clients and attorneys to keep in mind before going into mediation.
Source: The Huffington Post, "How Lawyers Can Sabotage Mediation," Henry Gornbein, Jan. 4, 2012
]]>It was reported that Perry's husband of 14 months, British comedian and actor Russell Brand, filed for divorce on Dec. 30 citing "irreconcilable differences." The announcement came after year of media reports that the couple's marriage was on the rocks.
]]> An attorney for Brand filed the divorce papers at Los Angeles Superior Court while the couple spent the holidays thousands of miles apart. Brand released a statement that the marriage was coming to an end saying: "I'll always adore her and I know we'll remain friends."The couple met at the MTV Music Awards in 2009 and wed a year later at a lavish event in India. It has been reported that the couple does not have a prenuptial agreement.
Under California, this likely means that Brand will be entitled to half of the roughly $45 million Perry is believed to have earned during the marriage through touring, endorsements and product lines.
According to a report by E! Online, Brand made much less over the marriage--probably somewhere between $6 and $8 million. The couple also reportedly owns a $6.5 million mansion in Los Angeles that will need to be split in the divorce.
Of course, we may never hear the divorce details as many celebrities choose to settle out of court and keep things confidential. A divorce settlement may also have provisions as to who can say what to the press about their marriage.
Sources: E! Online, "Did Katy Perry and Russell Brand Have a Prenup? And Who Will Walk Away Richer?" Leslie Gornstein, Jan. 3, 2012; Mail Online, "Russell Brand and Katy Perry split after 'she put fame ahead of children'," Lara Gould and Caroline Graham, Jan. 1, 2012
]]>According to the article, older women are especially vulnerable in a divorce because some have not held long careers outside of the home or established their own retirement assets. This means they have to depend on the retirement savings of their ex-spouses to get by.
So what can you do to prepare yourself for a divorce later on in life? The article said that there are a few steps every couple should consider taking, even those who seem happily married.
]]> 1. Each spouse should establish his or her own credit history. This may mean opening up an individual credit card or bank account. The purpose is that in the event of divorce or death, each spouse is able to take out loans and open credit accounts on their own.2. Think about medical insurance. Later on in life, many people develop costly medical conditions that need to be treated. Without insurance, medical bills can be devastating. This is why some people choose to wait until Medicare kicks in at 65 to go through with the split.
3. Consider long-term-care insurance. When one household is split into two, each person is left with a smaller nest egg. Should a serious injury or disability occur, there simply might not be enough in the bank to cover it, which is when long-term care insurance would be useful.
4. Know your survivor rights to pensions. Sometimes survivor rights to pensions are lost upon divorce. You need to know if you can count on these funds or not.
Additionally, be aware that under Social Security, an ex-spouse can be entitled to 50 percent of their former spouse's retirement benefits if: 1) they are greater than his or her own, 2) the couple had been married for 10 years or more, and 3) the couple has been divorced for two years or more.
5. Get advice from a divorce attorney and/or financial planner. Both can inform you about the repercussions of a divorce and other options you may have instead of divorce, like legal separation.
Legal separation is one way to part ways while still keeping some of the benefits of being marriage, like survivor pension benefits and medical coverage.
Source: The Wall Street Journal, "When Divorce Unravels Your Retirement Plans," Ruthie Ackerman, Dec. 24, 2011
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