In a recent study by the American Academy of Matrimonial Lawyers, nearly 56 percent of divorce lawyers have noticed the trend of increased alimony payments from ex-wives to their former spouses. This also includes increased payments from women for child support.
]]> Outside of the cases of CEOs and celebrities -- some of whose cases have made the news in recent years -- this trend continues into the average household where females are increasingly the primary source of income. While the trend of women paying alimony and child support increases, the divorce rates have remained largely the same.Yet this trend does not diminish some of the fundamental goals of the alimony and child support systems, which were designed in part to ensure that all children receive proper financial assistance and that a person who may have sacrificed her job or education for her family receives some financial help when a reltaionship does sour.
For those considering a divorce or seeking a change to their child support or alimony payments, discussing the issue with a lawyer experienced in family law could likely result with a better understanding of the situation and a higher chance of reaching an acceptable deal.
Source: Daily Mail, "More women in the U.S. paying their former husbands alimony and child support than ever before," May 10, 2012
]]>However, the issue gets more complex when another factor is taken into consideration: Berry is currently in the process of attempting to move to Paris with her daughter and her fiancé Olivier Martinez, which could drastically affect Aubry's claim for additional child support. Aubry is currently fighting against the move, but no decision has yet been made.
]]> If anything, this case shows how complicated child support issues can be. Consideration such as the income of the parents and the financial needs of the children to support often take precedence in these cases, but there are more factors. For instance, a child has a right to the income of both parents, so the income of one specific parent does not preclude the possibility that the other must continue to provide child support.Also, the amount of child support can change based on circumstances. The location of the parents can have an effect on the amount paid. Also, changes in the earning potential of either parent can significantly alter the amount of money owed by an individual. This situation proves that seeking to receive child support or challenging current child support payments can be an extremely complex process.
Source: New York Daily News, "Halle Berry baby daddy Gabriel Aubry demands half a million in attorney's fees, $20,000 a month in child support," May 4, 2012
]]>As in most divorces where the partners are uncooperative with one another, the case was set to go to trial. However, the two reached a settlement on property division and other assets before the trial date occurred and the judge accepted the settlement. This case provides what many consider an important lesson: when the circumstances in a divorce may lead to acrimonious proceedings, it's important to come to the table with strong legal preparation but remain open to settlement agreements.
]]> As this case also illuminates, overcoming emotional tensions and reaching a settlement can prevent extensive legal battling and still end with results that are mutually acceptable. Whenever possible, it is advisable to approach divorce proceedings with a willingness to work with your former spouse to come to a mutually beneficial agreement. Enlisting the help of an experienced divorce lawyer often results in a more acceptable deal that takes into consideration the individuals' needs and, if applicable, the needs of their children.Source: ABC News, "Ex-Yahoo President Settles Divorce After Long Tiff," April 23, 2012
]]>This form of visitation allows the parent to utilize technology, such as video chatting, to communicate with their child. Virtual visitation can allow parents without primary custody to maintain a connection with their child should either they or their former spouse move away. A judge can then determine for how long and how often the parent and child can communicate virtually as a part of the parenting plan.
]]> Statistics show nearly 10 million children of divorced or unmarried parents rarely have the opportunity to directly communicate with their both of their parents. Therefore, there is hope that an increase in virtual communications will open new doors and allow for these conversations to occur.As with almost all uses of technology in modern times, it is important for individuals to know their rights, especially for those wanting to use this technology for something as important as connecting with their child. For those that are contemplating a divorce, discussing the option of virtual visitation with a legal professional could open the door to maintaining contact with a child should one of the parents move away.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>Bob Weinstein offered a statement from an interventionist in rebuttal to his wife's claim. The statement asserted that Anne Weinstein feared bodily harm because of a family intervention in which relatives sought to help her deal with a drinking problem.
]]> The interventionist says that abuse was not occurring. He said that the incident in question was not in any way abusive, but rather an intervention of family members gathered to help her work through an alcohol addiction. Anne Weinstein's lawyers responded by arguing that Bob Weinstein paid the interventionist and that he provided a false account of what happened.From outward appearances, it seems as through a trial separation is practically inevitable. Yet, it is important to remember that mediated separations in Illinois can often work in the favor of both involved, provided both individuals enter into the proceedings with a degree of mutual respect and a willingness to work with one another for mutual benefit.
However, in instances where an abusive relationship or any other type of threat is involved, it is critical to both seek protection and to acquire legal assistance. When divorces must happen in a trial setting, the results are obviously tied to the strength of the case presented. Working with experienced trial lawyers is one way to ensure that the best case possible is put forth.
Source: New York Daily News, "Movie mogul's wife seeks divorce, order of protection," Barbara Ross, April 6, 2012
]]>However, after he lost his job at a large law firm in 2008, his income started to dwindle and expenses become harder and harder to meet. Saddled with the mortgage on an expensive townhouse and attempting to establish a new solo practice started to drain his remaining assets. By 2010, he had taken extensive funds from his retirement plan to pay for his expenses.
]]> As a consequence of his diminished finances, an Illinois state appellate court upheld the decision of a trial judge to reduce the lawyer's alimony payments to 20 percent of his income.For various reasons, alimony payments can be reduced or eliminated. As is the case in this scenario, one of those reasons is a decrease in income and ability to financially meet previous alimony payments. The issue of determining what the appropriate amounts for monthly alimony payments are is a complex process. For those involved in alimony disputes or currently considering a divorce, seeking experienced legal assistance to work through this issue is advisable.
Alimony determinations can often be made among divorcing people who are willing to mutually cooperate in the best interest for all involved. However, legal action is sometimes needed.
Source: ABA Journal, "Alimony Decision Shows How Layoff Affected BigLaw Partner," Debra Cassens Weiss, March 30, 2012
]]>Rodman is working to overturn the court's initial findings, including a charge of contempt of court. Rodman asserts that he has not missed any of his payments for child and spousal support to his third wife and is working with due diligence to fulfill his legal obligations to the best of his financial ability.
]]> An important feature of his story is the issue of earning power. Papers filed on behalf of the ex-basketball star indicate that he was at one point broke but is currently making more than $100,000 a year or more through appearances. This brings into question Rodman's capability to pay his alleged unpaid child support.This case illustrates the serious nature of child support cases. In Illinois, the consequences of a child support agreement can have long-term repercussions that could lead to further legal action if the obligations are not met. The amount of child support is determined with the help of statutory guidelines, but a judge is free to deviate from the formula for "good cause" when the cases involve certain factors such as extraordinary needs of a child, high personal income, or even business income.
Source: News On 6, "Dennis Rodman back in court over child support," March 28, 2012
]]>The new study surveyed 22,000 people on the state of their marriage and whether they lived together prior to their wedding. The study indicated that cohabitation is no longer influencing divorce rates as once previously thought. The dissolution of marriages among people who cohabitated is similar to the divorce rates among those who did not.
]]> According to the study, there may be some other factors that cause divorce at a greater rate than cohabitation. For instance, rates of divorce were reported to be lower in relationships where both members of the couple have bachelor's degrees. Also, the study illustrates that rates of divorce varied along racial lines, with Hispanic men and Asian women having the highest rates of long-lasting first marriages.While the study does run contrary to popular wisdom in the instance of cohabitation, it reconfirms that many marriages -- nearly half -- end before 20 years. This statistic demonstrates that divorces are far from uncommon. Regardless of the grounds for divorce, there is no denying that the choice to separate is either beneficial or necessary for those contemplating the end of a marriage. Yet the divorce process can be an emotionally and financially complicated process that requires people to be respectful and considerate of one another's needs and welfare, as well as the welfare of any children involved.
In most instances, mediation out of court can resolve most, if not all, divorce issues. When a resolution cannot be reached by mutual consent, going to court is sometimes necessary. In either situation, having legal preparation and assistance can help even the most complicated divorce proceedings go smoothly.
Source: Christian Science Monitor, "Cohabitation before marriage? It's no greater divorce risk," March 22, 2012
]]>However, a prominent sociologist takes on many of the author's assertions with a different view of divorce. Most importantly, the article takes a position that a divorce can actually be helpful for a child. Primarily, the factors in a divorce are important to determining when a divorce may be the best choice.
]]> Studies often show that kids raised in unhappy marriages suffer more problems later in life than children who are parented by happily divorced individuals. If the grounds for a divorce are also high-conflict, it is likely in the welfare of the child to remove them from the situation.The welfare of a child depends not as much upon the institution of the marriage as the willingness of the couple to work cooperatively and respectfully with one another in the life of the child. In many ways, a successful divorce can put an end to the problems that affect children negatively.
An important factor in the children's well-being is the manner in which the divorce was resolved. It is critical that divorce proceedings are handled competently and with care. Seeking legal assistance to help a divorce through a settlement or a possible trial is advisable in the interest of seeing potential problems avoided and resolving the issue as quickly and respectfully as possible.
Source: Huffington Post, "Is Divorce Immature and Selfish?" Christine Carter, March 15, 2012
]]>Those fighting on behalf of alimony reform argue that current alimony laws can be antiquated, especially considering that a majority of women have entered the workforce and the number of women with college degrees has steadily increased. Since the initial intention of alimony distributions was to ensure that predominantly uneducated or poor women would not become burdened by poverty after a divorce, reform advocates point out, the rules should change to recognize the increased economic potential of women in the workforce. For instance, women earning self-sustaining salaries may not necessarily be in need of monthly payments.
]]> Among those who defend the current alimony laws, the potential problems of an alimony distribution are not lost. They argue that, while certain cases may be unfair, regulating the alimony system may create problems for women who genuinely need to receive alimony payments. Also, they argue that women are still predominantly the ones who leave jobs or do not pursue education in order to raise children, and that the increasing trend of self-sustaining women in the workforce does not diminish the reality that many women are still in a disadvantaged position economically.Regardless of one's stance on the issue, something is clear: determining alimony payments is a serious issue that requires cooperation, respect, and legal expertise to be done properly and in the benefit of all people involved. By entering into mediation or a court with a strong defense and a willingness to work toward mutual benefit, this contentious issue can be solved without an unnecessary burden on either individual's life after marriage.
Source: The New York Times, "In Age of Dual Incomes, Alimony Payers Prod States to Update Laws," Lizette Alvarez, Mar. 4, 2012
]]>The events which transpired in this rather public divorce ordeal contain several important lessons for anyone considering divorce. Perhaps most importantly, a significant amount can be accomplished if two people are willing to look past emotional issues and deal with one another respectfully; likewise, treating one another disrespectfully can cause undue problems that may lead to a lengthy trial separation. If amicable mediation is not an option, it is advisable to have the assistance of an experienced attorney throughout the divorce proceedings.
]]> When considering child custody options in a divorce, the primary concern is generally the welfare of the child. In many situations, joint custody is a solution that allows both parents to maintain meaningful relationships with their children. Yet, in other instances, it benefits the child for one parent to maintain sole custody. When pursuing either of these options, having a strong legal case prepared can lead to a favorable outcome. And having an expert to provide information and legal advice on all issues of a divorce case can mean the difference between a favorable and an unfavorable divorce resolution.Source: ABC News, "Camille and Kelsey Grammer End Child Custody Dispute," Suzan Clarke and Katie Kindelan, Feb. 28, 2012
]]>The wife's attorney argued that during the couple's original dissolution of marriage proceedings, his client's ex-husband provided false financial statements which hid the monetary results of a 1989 real-estate transaction. The suit also asserts that the wife is entitled to a share of the ex-husband's business, as she partially funded it with a $1 million investment.
]]> When asked about the delay in bringing forth the charges, the lawyer for the wife stated that his client was unaware of the financial transaction until 2008. The husband has denied the claims.While settlements are typically regarded as the best way to handle most divorce proceedings, sometimes -- as in this case -- litigation becomes necessary. When disputes arise over issues such as asset division, grounds for divorce, determination of alimony payments or child visitation rights, going to trial may be inevitable. When going to trial for something as potentially life-altering as the results of a divorce, having legal assistance can be crucial in receiving fair and agreeable terms. This is especially true if the case involves something as intricate as uncovering hidden assets.
Even if a trial can be avoided, property division is often a complex issue that may not easily negotiated in settlement proceedings. If someone currently going through a divorce is onsidering property division, having legal assistance can be integral in achieving a fair split of shared property or ownership in a joint business venture.
Source: Bloomberg, "SAC's Cohen Hid $5.5 Million From Ex-Wife in 1990 Divorce, Lawyer Argues," Thom Weidlich, Feb. 22, 2012
]]>Single parents in Illinois and everywhere have been affected by the current economic climate. Custodial parents are increasingly dependent on child support payments to make ends meet for their children. Given that the 11 parents arrested on Valentine's Day owed a combined $238,000 in unpaid child support, non-custodial parents are likely also experiencing economic hardship during the recession.
]]> The goal of the Valentine's Day roundup was not to punish parents by throwing them in jail indefinitely or to pursue criminal charges. State prosecutors have indicated that the intent behind the recent push for arrests is to hold parents accountable for obligations to their children. Indeed, these parents will be able to use bail money to offset any child support arrears they may still owe.In Illinois, the amount of child support owed by a non-custodial parent is set by statutory guidelines. However, the courts may alter child support payment obligations when there is good cause to do so. In addition, child support obligations may be modified if a parent experiences a change in financial circumstances.
When parents who are required to pay child support undergo changes in their financial status, it is important that they understand their continued obligation to their children and what it may mean if they are unable to make any court-ordered payments. Likewise, custodial parents should pay equal attention to child support collection rules.
An experienced attorney can assist with ensuring that child support payments are fair and proper and in the best interest of the children involved.
Source: Daily Herald, "DuPage nabs 11 'deadbeat' dads in Valentine's roundup," Josh Stockinger, February 15, 2012
]]>Important factors in Kardashian's favor are the fact that she does not have any children with her husband, and her claim that she and her husband have complete separation of assets. This means that many of the issues that commonly hinder divorce proceedings (such as asset division, determination of alimony, and visitation rights) will not come into play if she gets her way.
]]> For most people involved in a divorce, these factors are critical and potentially life-changing. Yet working through a mediator is a smart decision for those looking to blunt the hardships of divorce proceedings.Having a mediator has several benefits, especially since most divorces are settled out of court. Having a strong case during a settlement can increase your leverage and help the case turn out in your favor. Other factors that could aid in a successful divorce settlement are having a thorough account of all personal and financial information and being well-informed about Illinois divorce laws. Successfully completing any divorce can be easier and less stressful with preparation and sound legal advice.
Source: Winnipeg Free Press, "Kim Kardashian wants private divorce," Feb. 8, 2012
]]>The argument for alimony reform is varied, but generally centers on the basic need or ability of one party to pay the other. Many states do not allow for reassessment of alimony even if the party receiving the payment does not financially require the money or if the party required to pay can actually do so.
]]> Some feel strongly that a reexamination of the duration of alimony and the maximum payment to be received is in order because alimony laws were often put in place at a time when divorcing wives were at an extreme disadvantage.In Illinois, the term alimony has been replaced by the term maintenance. In Illinois by divorce decree, one party may be required to pay maintenance to the former husband or wife. Unlike in other states, maintenance can be reviewed and modified to accommodate a change in circumstances for the person with financial obligations to the ex-spouse.
If you are considering or going through a divorce an experienced attorney can help guide you through the difficult subject of divorce.
In dealing with a maintenance provision you want to be sure that everything agreed to is in the best interest of both parties and that no one side is at extreme disadvantage. An attorney can help protect your rights and assets and make sure that there are no unclear provisions in your divorce settlement.
Source: USA Today, "Should alimony laws be changed?" Yamiche Alcindor, Jan. 18, 2012
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