Categories
Divorce Law

Divorce and Facebook

The following is a guest post regarding divorce and social networks such as Facebook. For specialist advice from divorce lawyers in Edinburgh, see http://www.familylawedinburgh.co.uk/.

Whilst the Internet and social media are becoming useful tool for dating and relationships (it is estimated that 17% of recently married couples met online) there is a dark side to the Internet’s impact on relationships and it is called Facebook. Research has shown that the world’s largest social media website was implicated in a third of last year’s divorce filings. In fact Facebook has such a stronghold over relationships in general that it is not uncommon for one half of a couple to find out that the relationship is over via Facebook, usually by the other half changing his or her relationship status.

Whilst blaming Facebook for divorce automatically gives the impression of infidelity, this is not necessarily the case. Many of those who filed for divorce are not getting divorced because of Facebook, it may simply be the case that Facebook is sighted in a divorce filing to show the bad behaviour of a spouse for example as evidence of rude or offensive messages. What is certain though is that Facebook and social media as a whole are playing a bigger role in divorce proceedings, either as a cause or as a form of evidence.

Generally speaking there are five grounds for divorce: adultery, unreasonable behaviour, desertion without consent for more than two years, desertion with consent for more than two years and separation for more than five years. When looking at these grounds it is easy to see how Facebook could be responsible for at least two of the grounds: adultery and unreasonable behaviour.

Why is this so? There are a number of hypotheses and the simplest reason is that Facebook makes communication so easy. For example, what could start out as an innocent conversation with an ex could lead to something not so innocent and this ties in nicely with another reason – Facebook makes it easier to give in to temptation. Whilst it may not seem fair to blame Facebook for temptation, particularly as it does not force you to do anything, it does nevertheless make it easier to do things you know you should not be doing.

Another reason is that Facebook can change people. The ability to connect and see information so effortlessly can make ordinary people paranoid and this in turn leads to many relationship problems. The problem with Facebook and in fact most social media is that what is said and done is often just a snapshot and taken out of contexts something quite innocent can be taken completely the wrong way.  Arguably the most common reason is that Facebook leaves a trail. Once something is said or done on Facebook there is an ever present risk of it being placed in the public domain.

In fact Facebook has become such a big problem for relationships that it is not uncommon for couples to deactivate their Facebook accounts to save their relationships. When you really think about it, what may seem like a drastic step could actually be quite sensible and could in fact save many a relationship.

Even if the relationship cannot be saved, Facebook can help with other matters such as maintenance and child custody. Any behaviour on Facebook could be used against one spouse to show what their behaviour in general is like which may be used to determine parenting skills or whether the lifestyle of the spouse is (or is not) suitable for children.

If you are considering divorce proceedings because of something you have seen on Facebook (or otherwise) then you should speak to a divorce solicitor who can advise you on the legitimate grounds for divorce. Divorce can be both emotionally and financially taxing and can result in a number of ancillary issues and therefore it is important to ensure that you appoint an experienced divorce solicitor to represent you.

Once piece of advice any divorce lawyer is almost certain to give you is to refrain from messaging your ex partner or saying anything about them on Facebook during divorce proceedings. Whilst people will be used to sharing their feelings online, once in the public domain this information cannot be recalled. This on its own could make the simplest and most amicable of divorces into the most complicated, contentious and expensive.

Categories
Family Law

Married couples to become a minority

Guest post from family lawyers and psychological strategists, GE Law http://www.gelaw.co.uk/

Families headed by married couples will be in a minority by 2050, according to a new report from the Centre for Social Justice (CSJ). The report also finds that marriage is increasingly the preserve of the middle and upper classes.

According to the independent think tank, only about 50% of new parents on low income are married. This rises to nearly 80% for couples on £21,000 to £31,000 a year and to nearly 90% for those earning over £50,000 a year.

The report concedes that there have been some “promising” moves by Ministers to promote family stability, such as the publication of their Social Justice Strategy and the release of public money to provide relationship support. But overall the CSJ is deeply dismayed by the lack of progress since the Coalition was formed in 2010, warning that official efforts to promote stable families are “dwarfed by the scale and cost of family breakdown”.

The CSJ study draws on new data from the 2011 census and the Millennium Cohort Study to chart the decline of the married family.

The proportion of families headed by a married couple has dropped by 5% over the last decade while there has been a % rise in cohabiting couple families and a 2% rise in lone parent families.

The rise in cohabitation is actually fuelling lone parenthood because cohabiting couples with children are far less stable than those who are married, says the CSJ.

The report calculates that on current trends, by 2031 only 57% of families will be headed by married couples. By 2047, 35 years from now, families headed by a married couple would be a minority – 49.5% of all families.

Categories
Children Claims Domestic Violence Family Law

Woman Charged with Abuse for Locking Daughter in Closet

Jacole Prince of Kansas City, Missouri has been charged with abusing her 10-year-old daughter after the girl was found locked in a closet that smelled of urine.

Prince, 29, is facing assault, endangerment and child abuse charges. All of the charges are felonies.

Anonymous Caller Reported Abuse

An anonymous caller contacted the child abuse hotline claiming that three children lived at Prince’s home, but one was confined in a closet. The agency notified the police.

In response to the anonymous call, police officers met social workers from the Missouri Children’s Division outside of Prince’s apartment. When they arrived at the home, neighbors told them that Prince had left the home with two girls.

When a social worker told the neighbors that three girls lived at the home, the neighbors insisted that only two children lived with Prince. Prince told them she only had two daughters. Neighbors claimed that they had lived near Prince for several years but had never seen a third child.

When questioned by police, the neighbors insisted that the other two daughters were always clean and seemed well-cared for.

Officers Discover Girl Locked in Closet

When officers entered the apartment, they discovered a crib set up against a closet door in a bedroom. The closet door was tied closed. When an officer asked if anyone was in there, they heard the girl respond, “Yes.” The officers opened the door to the closet and discovered the girl standing inside. The closet reeked of urine.

The girl was taken to a local hospital. The hospital staff reported that the girl weighed only six pounds more than she did at her last hospital visit six years earlier. When questioned by investigators, the girl explained that she had no room of her own and that she was forced to remain in the closet most of the time. She claimed that she often went without food for days. She also did not have access to a restroom and had to relieve herself in the closet.

The girl told officers that she wasn’t allowed out of the house because she “messes herself.” She claims that Prince gets mad and punches her on the back when she pees on herself.

According to reports, the girl was suffering from several skin injuries and failure to thrive. At 32 pounds, the girl weighs just over one-third of the weight of a typical 10-year-old child. It is unclear how long the girl had been confined to the closet.

Authorities say that the anonymous phone call to the child abuse hotline likely saved the child’s life.

Children Placed in Protective Custody

Prince was arrested on Friday, June 22. The other two children were placed in protective custody.

Prince acknowledged that she did not let the girl leave the house. She claims that she was embarrassed by the girl’s appearance and feared she would be in trouble if anyone saw her condition.

Prince’s boyfriend has not been charged. He has denied knowing that the girl had been locked in the closet. He is not the biological father of the victim. Police are attempting to locate the victim’s biological father.

Prince was arraigned on Monday, June 25. She entered a plea of not guilty.

 

This article was written on behalf of Stokes Injury Lawyers, a group of Atlanta wrongful death attorneys who will fight for you and your family.

 

 

Categories
Child Support Children Divorce Law Domestic Violence Family Law

How To Evaluate Your Family Lawyer

If you are in need of some legal assistance for a divorce, child custody or even an adoption issue, you will need to retain the help of a family lawyers. To ensure that you are making the right decision and are choosing a lawyer who will be able to help you out of whatever sticky situation you have found yourself in, you will need to put them through an evaluation process that should give you all the answers you need.

Step 1: Begin by asking around for referrals. If you know anyone who has gone through a legal battle similar to the one you are about to embark on, ask who they used to represent them. Lawyers that receive several recommendations are generally a good bet.

Step 2: Arrange a meeting with each family lawyer that you are interested in hiring. Make sure that, when you arrive at the meeting, you have prepared a list of questions that you wish to ask. These questions should surround their experience, how many cases they’re working on at the moment, which courts they generally practice at, and so on.

Step 3: If you are satisfied with your initial meeting, you should call your state bar association to enquire as to whether there have been any complaints filed against the lawyer. The bar association should also be able to tell you whether the lawyer has been sanctioned.

Many people also like to use the initial meeting with their family lawyers to evaluate their personality and demeanor. Whilst this is not an imperative part of your decision regarding legal representation, it can give you a good idea of what kind of person you are dealing with. Remember that a good relationship increases your chances of a more favourable outcome.

Categories
Domestic Violence Family Law Uncategorized

New Definitions aimed at Taking on Domestic Violence

Domestic violence is one of the most difficult and sensitive topics that family law solicitors have to deal with, and the cases tend to be personal and can be incredibly tough for victims and their families

Though It’s unlikely that we can eradicate the threat of domestic violence altogether as there is no accounting for the behaviour of criminal individuals, but the justice system does have a responsibility to ensure those who act violently are punished appropriately.

Thus, the government has decided this month to reword the definition of domestic violence with the aim of addressing some key discrepancies.

Incorporating Minors

Following a study from the British Crime Survey which found that those in the age range of 16-19 are the most likely to experience domestic violence, the new definition includes all of those over the age of sixteen.

By changing the law the government hopes not only to bring justice to those who previously would not have been able to prosecute, but it hopes to raise awareness of the problems of domestic violence in young people.

Psychological Coercion

The second major change to the law is the inclusion of coercion and, as it is to be stated in statute, ‘coercive control’. This appears to be an umbrella term which will encompass all manner of behaviours that restrict the freedom of one of the partners in a relationship.

This will include both clear cut cases where individuals threaten or deliver physical violence, either with regularity or as a one off, but it will also include less obvious cases.

For example, cases where individuals are cut off from sources of support, perhaps their families or friends or where they are prevented from acting independently. This could see a number of cases that previously would have been treated as civil problems criminalised.

Though this might appear like legal semantics, the changes will have a real impact upon the practice of family law solicitors and they will change the way in which domestic violence is perceived and treated when they are brought in March 2013. Hopefully, the new definition will mean more cases where aggressors are justly punished for their actions and victims will be allowed access to the support they need.

Overall, though, these changes should in general raise awareness to the trauma that is caused by domestic violence and, above all else, we will hopefully see a decline in the number of cases that are seen in the courts.

Here at Clough and Willis we have a dedicated team of domestic violence law solicitors who are headed by a Resolution accredited specialist. We advise and represent male and female partners as well as other family relations subject to verbal and physical assaults or harassment .

Categories
Separation Law

5 traps to look out for in a Separation Agreement

A Separation Agreement is a signed document between couples who do not wish to live together any longer. The document is designed for couples who do not wish to legally end their marriage or civil partnership. Therefore, the document is not classed as a divorce; rather it is a legally binding agreement that can be used as evidence to establish the terms of a future divorce petition.

The Separation Agreement sets out responsibilities that need to be considered including financial arrangements, property and arrangements for any children involved.

The Separation Agreement is vital as it governs the responsibilities of both parties after the divorce. This form of separation is favoured by many couples wishing to end their marriage or partnership because it is easier for both parties to understand what has been agreed and what is expected of one another. Once legally finalised, the agreement is between you and your previous partner. As the document is legally binding, it means the both parties can sue each other if they breach the agreement.  Couples who wish to separate are highly recommended to agree to a written agreement as it reduces the risk of disputes in the future. The Separation Agreement helps couples avoid going to court to settle any disputes in the future.

Below are 5 common considerations that get neglected in the agreement which are vital to include:

Child Visitation

While most Separation Agreements schedule normal visitation  on a daily basis, some couples forget to form agreements on special holidays throughout the year, for example Christmas/ New Year, birthdays, Easter, Mother’s Day and Father’s Day. To avoid disputes during these holidays in the future, which may cause distress for the children, it is important to include a visitation schedule for special holidays that each party agrees on.

Incorporation and Merger

Understand the ‘Incorporation and Merger’ clause of the Separation Agreement. If the document fails to merge into the judgement of divorce, the agreement will be an independent contract making it more difficult to modify in the future.  In the agreement, you have the option to merge some provisions, but not all of them. It is recommended that you consult a solicitor to advise you on which provisions to merge and which ones to leave.

Health Insurance

It is important to outline in the contract which party is responsible for covering health insurance. Many families get coverage through one spouse’s employer, which covers the entire family, however after a divorce , the spouse with family health insurance coverage can no longer cover the dependent spouse. Each party will need to come to some arrangement and decide who will cover the insurance costs.  In the agreement you need to outline who is responsible, what type of insurance you are covering and how long the coverage will be paid for.

Child Expenses

While agreements outline child support payments such as child benefits, parents often forget to consider other costs which fall outside of the normal child support payments.  In the contract it is recommended that you establish what costs both parties are responsible for. For example, costs that may be shared between each party are education costs, medical care, school trips, hobbies and extracurricular activities. This is one of the biggest disputes that arise between each party once the contract has been finalised, so it is vital that you consider other expenses before you sign.

Signing on the dotted line

Separation Agreements may have specific responsibilities that may be difficult to change once finalised. Therefore, it is important to consult a divorce solicitor before signing. A divorce solicitor will be able to tell you what your rights are, and will be able to notice any blips in the agreement that they believe to be unfair or legally incorrect. Consulting a solicitor may save you time and money in the future, should you wish to try and alter or appeal the agreement.

For professional legal advice on Separation Agreements, visit http://www.bbc-law.co.uk

Categories
Family Law

Facebook and Divorce – Think before you post it

Using Facebook during a divorce carries a risk that you will post information that can be used against you during the proceedings.

If you are in the middle of a divorce, or are seriously considering filing for one, you should take a few moments to reflect on your relationship with some of your friends. Particularly your relationship with Facebook, as it may not prove to be much of a friend during your divorce.

For many people, Facebook and other types of social media, such as Twitter, are an essential part of communicating with your friends and family. You post important information and pictures, view posts from your friends, and use it as a means of tying together that network of competing interests and friends, many you may never have even seen since school

Permanent record

But you also do something else. You create a permanent record of your life in a timeline that can be seen by all. Unlike a text or an e-mail that can be deleted after the event, a facebook or Twitter post is there to stay and things said in the heat of the moment could come back to haunt you.

The immediacy of social media produces an unedited version of everything.

Think before you post.

Only think of it this way, “Anything you post on Facebook can and will be used against you in a divorce court.” A stupid post or tweet, made when you are upset, takes on a life of its own, and once the genie is out of the bottle, you may never be able to get it back in.

Something as innocent as pictures from a holiday or fancy dinner with your new “friend” could later be used to damage your credibility when it comes to issues of maintenance, child residence or the division of marital property. How many times have people been caught out saying they are broke, only to find they have posted pictures of themselves on a 5 star Caribbean beach holiday a few weeks before a final hearing. Evidence like that is going to go down a treat with a Judge, and it won’t be in your favour.

Think before you post

If you feel you must maintain your social media presence during a divorce, take a moment before you post to consider how it would look projected on a cinema screen for all and sundry to see and imagine the impression a casual viewer would get , before you press the submit button.

A recent survey in 2009 by Texas based divorce website Divorce-Online found that as many as 1 in 4 of petitions flowing through their systems had mentioned the word Facebook, highlighting, perhaps the ubiquitous nature of the platform to interject itself in our ever day lives.

Mark Keenan writes on subjects such as divorce and the effects of Social media

Categories
Child Custody Family Law

Hazardous Playgrounds: Can My Ex Take My Child There?

Playground Hazardous Playgrounds: Can My Ex Take My Child There?

In any marriage, parents will have different ideas about properly raising children. These disputes regarding parenting styles continue after couples divorce. Some parents will be more permissive to the point of ignoring a hazardous environment, such as an old and battered playground. When one parent is irresponsible with the child’s safety, the other parent should be motivated to take action.

Criminal Penalties

Criminal sanctions for taking a child to a playground are usually not possible. Child endangerment statutes vary between jurisdictions, but generally, there has to be intent to place the child into a dangerous situation. California law requires criminal negligence, which is a much higher standard than ordinary negligence. Taking a child to a playground that has peeling paint or the occasional sharp edge would probably not meet this standard.

If the parent is taking the child along to meet with drug dealers at the local playground, discussing the situation with the local police may be prudent. In practice, getting the police to file charges and getting the prosecutor to pursue the case can be difficult.

Custody Dispute

Divorcing parents have a high probability of being involved in a dispute over joint custody. In most states, custody decisions are made by the courts. Judges can modify custody arrangements at their discretion in most jurisdictions. While a parent may not be criminally liable for bringing a child to a hazardous playground, a judge can set conditions on the parent’s custody.

Endangering the child by taking him or her to a hazardous location may not constitute criminal liability, but it can sway a judge. The court can either order the parent to not bring the child to that location or modify the parent’s right to custody. Parents often raise trivial issues during custody disputes, so the judge will want proof that the playground is actually dangerous. Showing evidence of blatant criminal activity, drug usage, and other serious safety problems can sway the judge.

Liability

In the event of an injury, our Charleston personal injury attorney adviser points out that a property owner who fails to maintain the property may be liable. If the property had hidden defects, such as rusted or sharp equipment, the property owner must either warn guests or repair the defect. Failing to do so constitutes a breach of the property owner’s duty of care, and may make the property owner liable for negligence. A playground is likely to be in a public park or school. Thus, the city would be liable for failing to maintain its facilities.

Filing a lawsuit against the spouse for the same cause of action is also possible. The guardian has a duty to care for the child, and taking the child to a hazardous location may constitute a breach of that duty. If the plaintiff can show that the playground was actually dangerous, then the parent may sue on behalf of the child as his or her legal guardian. Lawsuits are expensive. Additionally, lawsuits will cement an adversarial relationship between the parties, which can have detrimental effects on the way that the child views one or both parents. Thus, parents should view a lawsuit as a last result.

Divorced parents will often disagree with one another. Parents who have disputes over where the adult should take the child should first discuss the issue with the other parent. Failing that, modifying the custody agreement may be possible. Parents do not have the right to endanger their children simply because they have custody at the moment.

Ann Bailey is a parent and contributor for research about playground safety. She adds this report highlighting work that can be done by lawyers like the Charleston personal injury attorney firm of Howell and Christmas, a U.S. group offering clients help and protection in litigation and compensation for instances of child injury or death.

 

Categories
Family Law

Can a Parent Waive Their Child’s Right to Sue?

Most people are aware of the fact that they may not be able to sue for a personal injury if they sign away their rights on a waiver. This often occurs if an adult is getting a tattoo or taking part in an inherently risky activity such as skydiving. The law becomes grayer in this area when it comes to minors. Minors cannot enter a legally binding contract in most instances, but that doesn’t necessarily mean that a parent can sign a contractual waiver on behalf of their children. The law is extremely complicated in this instance, so it is all the more important that parents understand exactly how these laws affect them and their children. 

Can a Parent Waive Their Child’s Right to Sue?

The answer as to whether or not a parent can waive their child’s right to sue is a resounding ‘no’ in some instances and a reluctant ‘yes’ in others. Our injury lawyer New York firm indicates that most states uphold a minor’s right to seek damages in personal injury situations and will not consider waivers signed by parents as a relinquishment of these rights.

There was a recent case in New Jersey where a twelve-year-old boy’s parents signed a waiver releasing a skate park from liability if the boy was injured. The minor was subsequently injured and had to undergo two surgeries, but the courts found that the boy could still file suit since his parents didn’t have legal grounding to sign away his rights. This does not mean, however, that a parent never has legal grounding to sign away this right.

Several courts throughout the country have recognized certain exceptions in relation to the signing of waivers. These exceptions usually relate to schools, community based organizations and non-profit organizations. These community programs often have minimal resources and would likely not be able to continue functioning if they frequently faced personal injury lawsuits. Since these programs are deemed necessary for a community’s enrichment, they are a common exemption to rules regarding waivers and minors. Parents also have the right to sign waivers when it comes to their child’s medical care for the same reason.

What Happens If a Parent Waives Their Child’s Rights?

In instances where parents can legally sign away their child’s rights, such as within community organizations, the child or parent will have no recourse for legal compensation. A Florida appeals court, for instance, found that a mother who had signed a waiver had no grounds to sue her son’s school after he was injured participating in a school sponsored fire rescue program. The court concluded that this school activity fell under a common exception which allows parents to sign away their child’s right to litigation.

When a parent signs a waiver that isn’t related to one of the aforementioned community organizations, the waiver is virtually void when it comes to a minor’s litigation rights. Several companies, however, have recently smartened up and included an ‘arbitration clause’ within their waivers. These arbitration clauses mean that even if the parent cannot legally sign away their child’s rights to recovery, a company can require that the matter be handled through methods other than court litigation if specified in their waiver. The New Jersey court that heard the aforementioned skate park dispute found that an arbitration clause did not violate the minor’s right to file a claim; it simply provided an alternative forum.

Whether or not a parent has legal standing to sign away a minor’s right to seek damages for a personal injury is one of the most complex areas of contractual law. It becomes obvious that there are certain situations, such as in a school setting, where these releases are necessary to allow an educational institution to create a hands-on learning environment without facing legal recourse. In most cases, however, parents don’t have the legal right to sign away their child’s right to recompense, so many waivers signed by parents have minimal effect in the real world.

Author Georgina Clatworthy is a former legal blog editor and contributes this post for The Perecman Firm, an injury lawyer New York group which provides experienced legal counsel for those dealing with personal injuries.  They understand the pain and distress injury cases involving children can bring and work with their clients to ensure their rights are protected.

Categories
Children

Launch of The Care Inquiry in the UK

The British Association for Adoption & Fostering (BAAF) has announced that it is taking part in The Care Inquiry, which it describes as a timely and important opportunity to consider how the care system is working for children in care (and for those on the edge of care). It is a chance to think together about recent trends, current challenges and opportunities and future strategy.

The Inquiry has a vital focus on the achievement of stability and a positive sense of identity and belonging for children in care and for those raised by family members as an alternative to care. It has the potential to make a significant contribution to our collective understanding of these issues, to build on recent, welcome reforms and to inform future policy development.

BAAF believes that every child has a right to loving and secure family relationships and that secure attachments to carers are essential to children’s mental health and psychological development. It believes that every effort should be made to enable children to live in their own birth families and kinship network, providing that this is consistent with the child’s welfare.

BAAF believes that where it is not in the best interests of children to live within their family of origin, an alternative family should be found which can provide continuous care, stability and life-long commitment. And it believes that children have a right to have their needs understood, assessed and reviewed so that where it is necessary for them to live away from home, their placements can be planned and their needs met.

Further reading:- http://www.baaf.org.uk/media/releases/launch-care-inquiry

Categories
Divorce Law

How Does Divorce Affect My Retirement Account?

(US law and generally)

How Does Divorce Affect My Retirement Account?

Filing for a divorce is never easy for anyone, regardless of the situation. Individuals with significant wealth or those that have been married long enough to build retirement assets will find the process even more frustrating if the court requires disposition of retirement funds between spouses. The court decree is usually dependent on the types of retirement funds and the time at which the accounts were opened. The final determination is usually based on the laws of the particular state issuing the divorce decree.

Know Your State and Evaluate Specific Dates

All states view marriages as binding legal contracts between full partners. All money that has been saved in a 401(k) retirement account or an IRA could possibly be assessed as marital property. This is dependent on when the account was initiated and the marital dissolution laws of the granting state. If money was saved by one party of a divorce before the couple was married, then that particular part of the account can be claimed by the original contributor.

Likewise, money that is added after the divorce decree or during a legal separation can also be claimed by the primary contributor as personal property as long as the dates are verifiable. It is important to make these dates part of the court record, especially for those with considerable wealth. This includes both prior and accumulated financial assets. Planning a divorce is crucial if a divorce is inevitable, according to stock fraud attorneys, Page Perry LLC, it is very important to make sure the inventory of assets is accurate and honest.

Attachable Retirement Accounts

Money that is deposited in an attachable retirement account after the couple is married becomes marital property until the filing of a divorce petition. Sometimes this can be dependent on who files the divorce and the potential living status of dependents and the primary parties. This property status normally works for both parties involved, though men are usually the party that is ordered to provide for the wife because of traditional household income structure.

If both parties have made a considerable contribution to the retirement fund or if each party has their own account, then the totals are added unless an agreement is reached between the divorcing parties. Reaching an amiable agreement usually works best because the courts can be unpredictable, especially if children are involved. Additionally, home ownership is an investment asset and will be included as part of a divorce if the home was purchased during the marriage or if there are dependent children. In many states this can also include a reasonable “standard of living” assessment by the court and could result in alimony or a structured settlement.

Non-Attachable Retirement Funds

Retirement savings plans such as 403(b) retirement accounts that are associated with working for a non-profit company are normally not attachable. However, they can be the subject of a Qualified Domestic Relations Order which is issued by the court as an addendum to the actual divorce decree. These funds are often included in any settlement because of possible court assignments, but many times an order is sought in cases of significant amounts of money.

Always remember when calculating any divorce settlement or dispersion of property that some retirement accounts might be subject to taxes upon retirement. Funds are deposited without tax deduction and are taxed as normal income when withdrawn unless they are rolled over again as an investment. The financial stress associated with planning a divorce can easily be worse than the financial stress associated with planning a wedding. The best advice is never do either lightly.

Ebele Okocha is a licensed financial representative who has experience consulting with clients on their retirement accounts. She is also a contributing author to the law firm of stock fraud attorneys, Page Perry LLC, a Georgia Investment Fraud firm best known for its representation of investors.

Categories
Divorce Law

Divorce Law Reform in England and Wales

Divorce or the termination of a civil union is always a very sad experience. In the United Kingdom, where there is no such thing as a “no fault” divorce, nor any concept of simple “irreconcilable differences” (a lovely term only the Americans could have devised), divorces are often unnecessarily caustic and combative because most petitioners choose what is perceived as the quickest and least complex grounds: Unreasonable behaviour. Ask any solicitor and they will have plenty of stories of strange reasons offered for a divorce petition: Bad cooking, being forced to watch television programs the petitioner did not enjoy, overly flirtatious behaviour by a spouse. The annals of divorce are filled with incredible examples of so-called “unreasonable behaviour”.

The most unreasonable behaviour, however, is often laid at the feet of the judges dealing with these cases, usually in the arena of asset division and support. The problem, as the Law Commission recently acknowledged, lies in the laws as written. While they give the judges great authority and very precise powers to make financial decisions in divorce cases, they give almost no guidance as to what, exactly, a judge should be seeking to achieve with such orders. As the nature of marriage becomes more complex with partners bringing assets, income, and property into a union on an increasingly equal basis, the decision to award one party support or a larger share of communal property is no longer a simple equation – time put into a union against lost income – or any similarly simplistic comparison.

While the prenuptial agreement has become more and more popular – and gained credence in the courts as long as they are properly prepared and executed without duress – they remain largely a tool of the wealthy, leaving plenty of divorces where there are considerable assets but no prenup to fall back on when the union is dissolved. The prenuptial agreement also suffers from the perception of doubt about the marriage – after all, if you have decided to be with a person forever, why would you need a contract spelling out the financials of a divorce?

This means judges continue to decide financial division in divorce cases with very little by way of legal guidelines. Most people agree that such guidelines are necessary – the judges already have the power to make arrangements for both parties in a divorce, but they need to be able to ascertain what the goals of those arrangements should be. Should they be used to encourage independence from each other even if one spouse has been financially dependent on the other for a long period of time? Should they be used to guarantee a spouse’s lifestyle post-divorce indefinitely? A combination of both? The argument can be made that if asset division and support orders are designed to keep up one spouse’s lifestyle, there will be little or no reason for them to ever seek financial independence from their former partner, creating an unfair burden to the latter. Scots law dictates a three-year limit on such support post-divorce, but most in England and Wales regard that term as too rigid and brief. Some go so far as to consider the Scots Three Year Rule to be anti-woman, but that’s an outdated concept. Women in the modern age often bring just as many assets to a marriage or union as their male counterparts.

Happily, the Law Commission seems determined to revise the law appropriately. This will take some time; after officially launching a consultation on reforming divorce law (which has remained largely unchanged since the liberalizations of 1969), the Commission won’t publish recommendations until the autumn of 2013. However long it takes, this reform is most welcome – by judges, solicitors, and petitioners alike.

Mark Darcey is the owner and director of an independently owned commercial debt recovery company based in the UK.

Categories
Family Law

Creating A Child Custody Agreement With Family Law Lawyers In Melbourne

Going through a divorce is a highly emotional time, made even more so when it is complicated by the presence of children. Whilst the father is often happy to give the mother custody of his offspring with regular visitation rights, the situation will sometimes arise when both parents believe that they are the only one who is fit to have custody of their kids. This is why custody agreements are often the most difficult part of a divorce proceeding and why you should seek advice from a top divorce  lawyer in Melbourne.

Whilst the decision regarding custody can be made all the more easier if there have been circumstances of neglect or abuse, this is actually a fairly rare situation for lawyers to find themselves in. Instead, there are four types of custody that you can file for; your family law lawyer will be able to advise you as to which type you should be seeking, as well as your likelihood of success.

  •  Physical custody refers to a situation in which the children will live with you. Your ex partner might still have visitation rights (a night or a weekend), but their primary residence is with you.
  • Legal custody refers to which parent has a say in the care, education, medical requirements and religious beliefs of the children. In most cases, both parents share this area.
  • Joint custody refers to both parents getting to spend an equal amount of time with their children. This can be very difficult if the parents live far away from each other, as it really disrupts the child’s routine.
  • Sole custody refers to one parent having full custody of the couple’s children, most often because the court has found the other parent to be unfit. The other parent may still apply for visitation rights.

If you believe that your ex partner is unfit to provide a safe living environment for the children that you share with them, speaking to a family law lawyer in Melbourne should be your first move. Your lawyer will be able to assist you in fighting the courts for the type of custody that you are seeking, as well as gather witnesses and other evidence that can help you to argue your case. It is a good idea to contact a family lawyer even if you aren’t sure what your ex partner’s intentions may be regarding custody, as it is always good to know your rights.

Categories
Children Divorce Law

Children should come first in divorce

The overwhelming majority of Britons believe that putting children’s interests first or avoiding conflict are the most important factors when going through divorce, according to a new survey from Resolution, the national family law association.

Four out of five (78%) say that putting children’s interests first would be their most or second most important consideration in a divorce, while 53% would prioritise making the divorce as conflict-free as possible.

Despite this, over four-fifths of people (81%) believe that children end up being the main casualties of divorce, and 40% believe that divorces can never be without conflict – a figure that rises to nearly half (47%) of those who are currently divorced themselves. Nearly half (45%) think that most divorces involve a visit to court, despite the increasing availability of non-court alternatives,

In stark contrast to some of the high-profile divorce cases in recent years, financial factors are not seen as particularly important, with only 1% saying that being financially better off than their partner would be the most important consideration should they divorce.

Categories
Child Support Finance

Child Support Basics

(US family law and generally) Raising a child is very tiring and time-consuming, not to mention expensive. The needs of a child can often cost thousands of dollars which is why child support is often given to a mother in need. Child support is a policy that can help a sole parent be financially stable when raising a child. Here are some basic FAQs about child support:

When should child support be paid?

When a parent of a child ends a marriage or a relationship, he or she should make periodic payments to the other parent who is the primary child caretaker.

How long does child support last?

Child support typically lasts until a child legally turns into an adult, at age 18. However, it can vary between each state. The two parents can agree to extend the child support payment into the child’s college years. The agreement has to be enforced by the Family Law Court.

When is child support arranged?

During divorce, a separation of a relationship, or dissolution of a civil union or marriage, child support may be an issue discussed. A father or mother who has the higher income will usually make a monthly payment to the custodial parent.

How is child support determined?

During a relationship separation, the parents’ wages, commission, bonuses, rent, benefits, and much more are taken into account.  These guidelines will help determine the amount of time each child gets with a parent. However, more circumstances are taken into account. Looking up each state’s child support guidelines will help determine the child support amount.

What should a parent do if the other parent does not pay child support?

Notify the court about the whereabouts, the income, and place of employment of the parent not paying child support. Once it is determined that the parent is indeed not paying child support, then the court can find the parent in contempt.

What happens when child support is not paid?

Since the court determines the amount of money pays for child support, the parent refusing to pay child support is defying court orders. The consequences of this action can include jail. However, if you are unable to pay child support, as in the case of unemployment, it is your responsibility to get the child support amount modified.

It is important to hire an attorney to help you in matters concerning family law. A lawyer will make sure that the proper compensation and payment is acquired. Child support is vital in raising a financial steady environment for a child.

 

Written by Robert Koenig, a personal injury attorney for The Accident Attorneys’ Group.

Categories
Domestic Violence

What To Do About Domestic Violence Before Its Too Late

Domestic violence is a serious problem in the United States, and it is unfortunately found in virtually every community. While many people think of domestic violence as only physical violence, the fact is that domestic violence can involve verbal abuse, mental abuse and emotional abuse.

How Does Domestic Violence Begin?

In many cases, domestic violence starts off small. A husband may become angry with his wife for not cooking dinner that night, leading to an argument and threats of physical harm. Over time, as explained by one Indianapolis personal injury attorney, this kind of behavior can escalate, ultimately leading to physical violence and more. As the abuser continues to test and surpass boundaries, he or she may then begin to increase the level of domestic violence, and this can even lead to murder.

The Signs of Domestic Violence

As mentioned, domestic violence can take many forms, so outward signs may not always be apparent. While obvious signs, such as blackened eyes or split lips, may signify that a person is being abused, other signs, such as the inability to leave the house, should not be ignored. Many times, abusers will treat their victims as property, meaning that the victim can not have friends or talk with family members. In addition, emotional changes in mood or changes in behavior may also signify that someone is being abused.

What Can You Do?

If you have found yourself in an abusive relationship, it may seem hard to leave. You may love your significant other, and you may truly believe that they will amend their ways. Unfortunately, this kind of thinking typically only leads to increased violence and even death. In order to leave your abusive relationship, you may want to work with a shelter in your area. Shelters often have resources for individuals who are attempting to leave abusive relationships, and they can also offer temporary housing while you reorganize your life. You need to also consider relying on friends and family members for help, as these individuals can form a support net for you.

Is a Loved One Being Abused?

If a loved one is being abused, you may be feeling powerless to do anything about it right now. While you have given your advice and support to the victim, he or she continues to stay in the same situation. One way, however, that you can help the situation is by speaking with a law enforcement officer about your concerns. A police officer or sheriff’s deputy will be able to asses the situation and give you options for putting an end to the abuse. Although you may be worried that speaking to law enforcement may make things worse, doing nothing is actually the worst thing that you can do.

Legal Considerations

If you’ve been abused, you may also want to speak with a personal injury attorney to seek compensation for any injuries you’ve sustained. While domestic violence is a criminal issue and should be pursued through law enforcement, you may also be entitled to financial compensation in a civil personal injury case. Your attorney will be able to offer you options that pertain to your specific experiences, and in many cases, an attorney can also help you to put more space in between yourself and your abuser.

As mentioned, domestic violence can occur in any community and to anyone. Men, women and children can all be the victims of domestic violence, and far too often, these victims suffer in silence. For more information on how you can give a voice to the voiceless, contact your local women’s shelter or speak with your local Social Services office. These entities often have volunteer opportunities that will allow you to help out victims of domestic violence and more.

This article was written by Georgina Clatworthy, a legal writer and former editor of a respected law blog. She is now a contributing writer for the Indianapolis personal injury attorney firm, Sevenish Law. As a law firm with many years experience of handling personal injury cases they are able to deal with damages claims from domestic violence victims, sensitively and with understanding.

Categories
Family Law

Am I Responsible for my Teen’s Traffic Tickets?

Getting a traffic ticket is enough of a hassle when one’s own actions led to the ticket, but it can be even more annoying when a parent’s child gets one of these citations. Like most other things in a teen’s life, a parent is responsible for handling a ticket that their teen gets while driving. It is important for parents to know how to handle these situations both legally and at home. How a parent chooses to handle a teen’s traffic ticket could likely have long lasting effects on how their child behaves behind the wheel.

Legal and Insurance Issues

Teenagers under the age of eighteen will have to get their parent’s consent to have a driver’s license in most states, and this means that the parent becomes responsible for their teen’s actions on the road. There are several issues that can occur when a minor gets a traffic ticket; one of which includes insurance hikes.

A teen’s traffic ticket will not always cause insurance rates to go up; which leaves many parents wondering if they should even report the ticket to their insurer. Many people debate on this issue, but the best answer in most situations is ‘no’. Insurance companies often check the driving records of everyone on a policy yearly, and if a ticket will cause rates to go up, the insurance company will do so at that time. There is no reason for a parent to expedite the process since their rates could rise immediately.

The question also arises of how a teen’s driving record will be affected. Many states have programs set up that allow teenagers to avoid points on their licenses by taking certain driver’s classes. This is often a good idea since it allows the teen to avoid repercussions while also teaching them valuable driver safety rules. It is also a great way to steer clear of court battles that could end up costing more money than they’re worth.

Home Issues

Most parents will understand that their child has made a mistake and try to lessen their potential consequences, but it is also important that the teen learns that further troubles will not be tolerated. The state may suspend a teen’s license if they get several tickets or are ticketed for reckless behavior, but even if they don’t, a parent should consider whether or not revoking their teen’s driving privileges would influence the child to behave more suitably behind the wheel in the future.

Parents are the ones who will face insurance hikes and have to pay a ticket if their teen causes a wreck or is simply given a citation, so it is important that they fully explain the repercussions of dangerous driving to their teens. According to our attorney at , www.miamicaraccidentlawyers.net, the teen should be informed that getting more citations could lead to a suspension of their license and restrictions on driving from their parents. They also need to understand that there are certain laws that are meant for their protection. These laws can include restrictions on how many passengers a teen can have. Explain that these restrictions are only temporary, and that once the teen has proven themselves behind the wheel, the restrictions will eventually be lifted.

Parents always want to be there for their kids, but there comes a time when a teenager is going to need their own transportation without the supervision of their guardians. The best way to handle a teen traffic ticket is to instill the lessons that will prevent the child from getting a ticket in the first place. Parents are their kids’ main models for driving behavior, so the only way a teen is going to behave behind the wheel is if their parent teaches them to.

Bianca Ochoa is a freelance writer and legal researcher with an interest in family law. She is also a contributing author to www.miamicaraccidentlawyers.net, a firm that specializes in finding the best Miami traffic lawyers and matching them with clients who have been in serious car accidents.

Categories
Children Family Law

How The Health Care Law Frees Your Young Adult Children From Bad Jobs

(US law) The Employment Scene for Younger Workers

Unemployment is a major problem for younger Americans. The unemployment rate has risen by nearly 5 percent over the last ten years for those in the 20-24 age bracket. There have also been increases for other age brackets in the wake of the Great Recession, but the youngest workers are suffering to a larger degree than those workers of other ages. The unemployment rate for 2011 was over 14 percent for those aged 20-24 years.

Many people who are not included in the unemployment numbers are actually still in what would be considered the underemployed category. This includes those people who are employed below their level of education or experience as well as those who are working less than a full-time schedule. If the number of underemployed were added to the unemployed numbers for those who are under 25, the number would be even more disconcerting.

 

Why Do Younger Adults Often Stay in Bad Jobs?

Some of the major employers in the fast food and retail sectors that provide jobs for the underemployed young adults of America provide some benefits for their employees. These are frequently not ideal jobs that allow younger adults to take advantage of their educations or talents, nor do they provide the income that is necessary to achieve the independence desired by these young people and their parents. Many of these employees stay in what some would consider to be dead-end jobs, and their parents’ houses, because of the benefits. One of the most important benefits that a job can provide is health insurance.

There are a few reasons why workers might want to keep the insurance a job provides, in spite of the employment itself providing little in the way of advancement or the cultivation of useful experience. Some of these individuals have medical conditions that they would not be able to manage without employer-sponsored insurance. Insurance for those with preexisting conditions is frequently unavailable, or, if it is available, it is cost-prohibitive. The self-employed also have to pay more than those who are in group plans. A gap in insurance coverage could lead to costly medical bills, and insurance companies would not be required to pay for any illnesses developed during the gap. Those who are self-employed are forced to pay higher premiums for the same coverage. All of these facts can discourage young adults from taking any employment risks, and keep them in unfruitful occupations.

 

How Can the New Health Care Law Help Young Workers?

The Affordable Care Act, more commonly known as Obamacare, promises to alleviate some of these concerns. Younger workers will see some benefits after the new program is implemented that could help their economic and employment options greatly.

Younger workers can now stay on their parent’s insurance until age 26. Some complain that this encourages increased dependence. This would not necessarily be the case. Those who could not afford a break in coverage previously can now have insurance while taking a job in their field that may not offer benefits. These workers could then get beneficial experience in their profession that would have otherwise been spent in a non-related service industry.

More employers are likely to provide insurance. With the tax penalties that will result if insurance is not offered, young workers are more likely to have insurance while working for employers that can advance their careers. They will not be pigeonholed into keeping jobs that do not reflect their interest or expertise merely because they need the benefits.

One final benefit that Obamacare provides that will help free young workers from bad jobs is the end of restrictions based upon preexisting medical conditions. Those with an entrepreneurial spirit will be more likely to strike out on their own and start their own business or try to invent the next big thing because the fear of being uninsurable will be gone. All of society could benefit from this provision. While there are many people who complain about some of the provisions of the bill, younger workers could benefit more than most.

Categories
Child Custody Children Family Law

The Legal Implications of Child Custody During Divorce

(US law and generally) No doubt, the greatest victims of divorce are the children. The impact of a custody decision on a child’s mental and physical health is enormous. Disturbances in the parent / child relationship cause depression, anxiety, antisocial behavior, and may impair the child’s ability to form healthy relationships as an adult. Notable studies (Brook, Zheng, Whiteman, & Brook, 2001) have unequivocally linked angry parenting practices with the expression of anger and aggression in very young children.

There is a persistent and harmful misconception that joint custody predictably provides better long-term outcomes for children of divorce. It is well documented through years of scientific research that actual custodial arrangements are secondary to other issues. Instead, the greatest factors influencing child adjustment are the levels of parental conflict and the quality of parenting that the child receives.

Complex Child Custody Laws Require Effective Legal Assistance

Although child custody laws vary from state to state, most integrate a similar list of statutory factors that assist judges in performing a comparative fitness analysis. While consideration of these factors is mandatory, judges are given great leeway in decision-making. With this in mind, it becomes imperative to realize that bitter parents who litigate child custody often get distracted hurling accusations against each other.

This scenario provides very little useful information to the presiding judge, who needs to know which parent is the best suited for custodial status. While it is certainly necessary to point out negative factors and justifiable reasons for limiting visitation or decision-making authority, it is also crucial to give the judge positive information he or she can use.

Delays in the case are damaging for children and should be avoided. The American Bar Association advises judges and attorneys that, “When litigation proceeds at what attorneys and judges regard as a normal pace, children often perceive the proceedings as extending for vast and infinite periods. The passage of time is magnified for children in both anxiety levels and direct effect.”

Gender Bias

With the abolishment of the Tender Years Doctrine, a new presumption that favors gender neutrality is indicated in most state statues. Nevertheless, there is no doubt that perceived gender bias still exists in our family court system. Sometimes this bias is against the mother, especially if she works full time or becomes labeled an over protective parent. Fathers may experience the same frustration when the child is young and he has had limited involvement in day-to-day care.

Divorce and child custody issues cause a tremendous amount of financial and emotional stress, igniting volatile battles between the sexes outside the courtroom too. Political action groups advocate for the constitutional rights of both mothers and fathers, frequently ignoring the fact that the law requires the child’s best interests to be paramount to that of either parent.

Implications for the Future

Divorce and child custody issues are vulnerable to trends that favor public opinion. The law today is substantially different than it was twenty years ago. The way that law is practiced is also changing. The hardball litigation tactics used by older generations are being gradually replaced with a preference for negotiating child custody cases when possible.

In fact, only a minority of cases proceed to trial. These will typically involve complicated issues such as domestic abuse, child neglect or a personality-disorder parent. The National Council of Juvenile and Family Court Judges publishes a bench guide for assessing safety in these situations and offers recommendations for developing a plan that works.

Categories
Divorce Law

Modern men make better husbands

New research from The Marriage Foundation has shown that the divorce rate for wife-granted divorces has more than halved since 1993. According to the report, this is because reduced pressure from family and society to get married makes men who decide to tie the knot more dedicated to their relationship.

The report, written by Harry Benson, Communications director at the Marriage Foundation, is the first ever analysis of divorce rates both by gender – whether the divorce is granted to the husband or to the wife – and years of marriage.

It reveals that amongst couples in their first decade of marriage, husband granted divorce rates increased by 1% between 1993 and 2010, while wife-granted divorce rates have fallen by 27%. When this analysis is applied to just the first three years of marriage the drop in divorces granted to women is a startling 51%.

“This dramatic fall in divorce rates is good news and should give people confidence in the strengths and benefits of this wonderful institution,” said Sir Paul Coleridge, the high court judge who launched the Marriage Foundation this year. “It is the instability of cohabitation that is our greatest concern.”

For further reading see http://www.marriagefoundation.org.uk/Web/News/News.aspx?news=123&RedirectUrl=~/Web/News/Default.aspx