Not so common are cases where other individuals take advantage of the people who pay child support. In fact, one attorney says the following case was the first time he had ever heard of it happening. A Georgia couple and a man from St. Pete Beach, Florida were indicted by a grand jury for an elaborate child support fraud scheme. They’ve been accused of setting up fake businesses to take child support money from paying parents and keep it for themselves.
]]> Prosecutors say the trio ran the scheme between 2007 and 2009 and used threats, misrepresentation, and intimidation to rope parents into using their so-called child support collection services. By charging outlandish fees, they embezzled over $600,000 from their victims.The group has been charged with mail fraud, wire fraud, extortion, money laundering, and obstruction of justice.
Divorce experts caution non-custodial parents only to use state agencies to pay their child support. This protects them from fraud, as well as gives them a record of what they’ve paid in case there is later a child support dispute. A divorce attorney can advise parents on the child support guidelines.
Source: WALB News 10, “Three indicted in massive child support fraud scheme,” Christian McKinney and Lydia Jennings, June 13, 2013
]]>However, a different opinion shows the other side of the story, from the viewpoint of people who rely on spousal support for survival. This opinion doesn’t include those who receive alimony, yet make a more than decent salary on their own. Even today, many married mothers don’t work outside the home, or work less than full time in order to care for children and take care of home responsibilities. In most cases, staying out of the work force is a sacrifice that can seriously affect a woman’s ability to make a decent living if she suddenly needed to support her family on her own.
]]> No-fault divorce can make it hard or even impossible for courts to decide who was responsible for the end of a marriage, and who should be rewarded. For this reason, even stay-at-home women in secure marriages are advised to keep their assets in their names and to build up an emergency fund.Of course, today’s society means that the situation can be reversed, and many women are in high-paying careers while fathers raise the children at home. In either case, if a marriage ends in divorce, long term alimony can serve as a safety net for the parent who has given up his or her career to take care of the children.
Source: New York Post, “Ending alimony is not so smart,” Naomi Shaefer Riley, June 5, 2013
]]>In mid-May, an Indianapolis father who did not have legal custody of his ex-wife’s two children took the kids from her, telling her he was going to flee to Florida with them. Within minutes of a media alert of the missing 5-year-old boy (who was not biologically his child) and his 3-year-old sister, police found him hiding in a house with the children. Suspecting the man was armed with a gun, they were finally able to retrieve the children safely after a standoff that lasted hours.
]]> The 31-year-old man was arrested on preliminary charges of criminal confinement and violation of a custody order. Not all noncustodial child abduction cases are resolved this quickly, or with such favorable results. Fortunately, after what must have been a terrifying ordeal for the children as well as their mother, the family has been reunited.Family law attorneys and the courts work together to try and find the most ideal situation for children and their parents after a divorce. The outcome is hardly ever perfect, but usually everyone is able to come up with at least an acceptable compromise. In child custody cases that turn criminal, the law is fortunately on the side of the custodial parent and will do whatever possible to return the children to a safe home.
Source: The Indy Channel, “Police rescue 2 kids taken by non-custodial parent after hours-long SWAT standoff,” May 17, 2013
]]>It’s unsurprising that men and women can have different opinions about prenuptial agreements, but what may surprise you is who has which opinions. A recent survey by Spectrum’s Millionaire Corner has shown that, contrary to what many people would think, women are actually more receptive to the idea of prenuptial agreements and their financial benefits.
]]> Millionaire Corner’s president says women are more likely to be aware of the financial security risks when entering into marriage. They’re more likely to see that these agreements can help them protect their assets and children from previous marriages, as well as to open important discussions about money.In the survey, men were more likely than women to believe a prenuptial agreement places an emphasis on marrying for money rather than love, encourages a negative feeling about marriage, and could even deter a couple from marrying. They also believed, more than women, that a prenup could help the divorce process go more smoothly.
Whatever your opinion about prenuptial agreements, if you are contemplating a divorce, the agreement may help the court consider asset division. It may seem unromantic at the time, but many couples with significant assets have seen the value in signing an agreement that protects their property.
Source: Millionaire Corner, “How do Men vs Women View Prenuptial Agreements?” Adriana Reyneri, May 13, 2013
]]>Many non-custodial parents across the country fail to meet their child support obligations, either intentionally or through hardship of their own. A Tennessee man has admitted that paying child support for his 16-year-old daughter, born out of wedlock, is difficult. The man owes $14,000 in child support after failing to keep receipts for three years, and he says the child support bills have been overwhelming. He was faced with the difficult decision of having money for rent, or a car to get to and from work.
]]> The man chose to keep his transportation so he could work, and now sleeps in his vehicle. His possessions are kept in a storage facility. The bulk of his paycheck, $450 a month, goes toward his child support payments. However, the father has shown a positive outlook on his situation--conquering an alcohol problem, saving what money he can, and building a relationship with his daughter.Staying current on child support payments is difficult for many, but the penalties for failure to pay child support can be even worse. Additionally, those who stay current and strive to maintain good relationships with their children will most likely appreciate the rewards in the end.
Source: Source: WAFB.com, “Man lives out of storage, car to pay child support,” Andy Wise, May 15, 2013
]]>The woman says she cried each time she wrote one of the man’s $1,300 monthly spousal support checks, feeling like she was paying the man who repeatedly assaulted her daughter. The judge in her divorce case said she had no proof that the man had sexually assaulted the girl. Her ex-husband is asking the court to force her to pay $33,000 in past due payments, as well as resume her current payments.
We can assume the woman in this case would not want alimony law to be used for the purpose of supporting an alleged criminal who hurt her child. For this reason, a family law attorney with experience in spousal support law may be needed to help convince a judge that continuing her payments would not be fair or beneficial.
Source: Fox News, “California mother forced to pay spousal support to man who raped daughter,” May 7, 2013
]]>It’s understandable that many men (and in some cases, paying women) would like to be free from making lifetime payments to their former spouses, especially if the receiving spouse is living with a new partner and doesn’t necessarily need the extra income. Supporters of alimony reform say that when one person receives free paychecks until the end of his or her life, it discourages a motivation to train for career skills and self-sufficiency. The new law would allow ex-spouses to receive alimony for a few years, based on the length of the marriage, which they say is ample time to gain job skills.
]]> Many men and women alike would see it as unfair that a man is still paying alimony to a woman who divorced him more than two decades ago. In most of these cases, the former spouse will also get half of the marital property, retirement, and Social Security benefits. Supporters of the bill say that even custodial parents who stay home to raise the children would be given enough time with limited alimony payments to prepare to enter the work force after the children are grown.Whether someone getting a divorce in Florida is for or against the new alimony bill, it may help to bring up these concerns with a divorce attorney.
Source: Herald-Tribune, “Lyons: Florida alimony bill brings horror stories,” Tom Lyons, April 29, 2013
]]>Simply put, prenuptial agreements protect each spouse’s earnings, assets, and separate marital property. The future earnings of a husband or wife can be protected with a well-drafted prenup, when usually earnings are considered joint marital property. Both spouses can include other assets in the agreement, such as an inheritance one spouse expects to receive during the marriage, a family business, and property bought separately.
]]> Debts can also be kept separate with a prenuptial agreement. When properly drafted, this document can keep the other spouse from being held jointly responsible for debts incurred during the marriage, such as student loans and credit card debt.If you signed a prenuptial agreement before your marriage, a divorce attorney may be able to help interpret it and ensure your interests and assets are protected. And if you wouldn’t consider getting married without a prenup, the help of someone experienced in family law could be beneficial while you and your future spouse are working out the details.
Source: Huffington Post, “Prenups: Not Just For The Wealthy,” Jason Marks, April 25, 2013
]]>After the parents were discovered in a hotel room acting erratically with weapons and drugs, while the boys were present, child custody was given to the care of their maternal grandparents. The father had tied up his mother-in-law and kidnapped his 2-year-old and 4-year-old sons in a late-night break-in.
]]> When the family arrived in Havana, Cuban officials took them into custody and worked with U.S. authorities to return them to the states. Police have said the parents are now in the Hillsborough County Jail in isolation for their protection.Both parents face several charges related to kidnapping, neglect, and child custody issues. The father faces additional charges of grand theft auto, battery, burglary, and more. The Hillsborough County Sheriff says the boys are safe with their custodial grandparents again and are doing well.
It isn't always the case that an abduction from a non-custodial parent, particularly an overseas kidnapping, results in the speedy return of the child. However, the happy ending of this case shows that law enforcement and the courts do what they can for the best interests of the child. No doubt losing their grandsons even temporarily was a terrible ordeal for these grandparents, and scary and confusing for the little boys. Hopefully after the criminal case goes forward, there will be little reason for the boys to fear something like this happening again.
Source: ABC News, "Parents in Cuba Kidnap Case Isolated From Jail Population," Alyssa Newcomb and Anthony Castellano, April 10, 2013
]]>American authorities are working with the State Department and the FBI to determine where exactly two brothers are, after they were allegedly kidnapped by their father, who'd just had his parental rights revoked. According to police, last June the father had been acting strangely during an anti-government rally; marijuana, a gun, and a knife were found in his hotel room. His 4-year-old and 2-year-old sons were put in foster care. After the father arrived at a Louisiana foster home waving a gun, the boys were given to their maternal grandparents, who were recently given permanent custody.
]]> After losing his child custody rights, authorities say the father tied his mother-in-law up in her home near Tampa, and took the boys. His truck was found abandoned in a parking garage, and police have been searching for a sailboat he recently purchased.Authorities received information that the boys, with their parents, are now in the custody of Cuban immigration officials. A Florida attorney says it can be hard to bring the children back, but the possibility of bad public relations might be enough to convince the Cuban government to return them.
Every parent or grandparent hopes that this scenario will never happen to them. Getting in touch with a family law attorney and cooperating with law enforcement may help everyone involved to get children in an international abduction back as soon as possible.
Source: Fox News, "Missing Florida man allegedly kidnaps kids after judge's ruling, flees to Cuba," April 9, 2013
]]>One of America's wealthiest businessmen is undergoing a divorce that will probably gain the attention of people around the world. Harold Hamm is number 35 on Forbes' list of the wealthiest people in the nation, worth more than $11 billion. His second wife filed for divorce last May, after claiming she discovered him having an affair in 2010. The end of their 25-year marriage may split up the control of Continental Resources, the successful oil company that she helped build with her husband.
]]> Although it's not known if the couple had a prenuptial agreement, Mrs. Hamm stands to gain part of her soon-to-be ex-husband's 68 percent stake in the company. The company sent out a statement to its investors, assuring them that the divorce wasn't likely to affect its operations.We can assume that each of the Hamms has his and her own divorce attorney, who are working hard to ensure the asset division goes fairly and smoothly, as well as acting in the shared company's best interests. This would be a wise decision, since the more assets there are at stake, the more confusing and disputed a divorce is likely to become.
Source: ABC News, "Hamm Divorce Could Be Most Expensive of All Time," Steve Osunsami, Mar. 23, 2013
]]>A 23-year-old man from Wisconsin has learned this lesson. A complaint filed with the Wisconsin Circuit Court's criminal division states that the man has never made any of his $150 monthly payments to support his 3-year-old child. Facebook pictures showing him posing with bottles of liquor and large amounts of cash helped the Wisconsin County District Attorney's office to build a criminal case for failure to pay child support.
]]> The county's Chief Deputy District Attorney says Facebook can be used as a source of information, as the court can order the social media site to give law enforcement access to someone's Facebook profile if it has reason to suspect criminal activity. Prosecutors can look for misleading details or other evidence that shows a deadbeat parent has resources to pay child support that he or she had claimed not to have.The Facebook pictures gave the District Attorney's office enough evidence to get a search warrant on the father. He may be charged with three felony counts of failure to pay child support, and could spend up to 11 years in prison. He didn't appear in court after being served with a warrant for his arrest.
In today's online world, it's possible to get information to help struggling single parents in Florida receive delinquent payments. It can help to consult with a divorce lawyer, who knows the resources needed to help families needing child support.
Source: ABC News, "Facebook Money Pics Bust Dad for Allegedly Dodging Child Support," Alexa Valiente, Mar. 22, 2013
]]>Supporters have said the bill would liberate them from crippling financial problems created by long-term monthly payments that tie them to their ex-spouses. The bill put down new guidelines for spousal maintenance that changed the definition of the length of marriage. Short term, moderate term, and long term marriages will now be less than 12 years, 12-20 years, and more than 20 years, respectively, under the new bill.
]]> The bill also addressed certain factors that determine a spousal support order. Bridge the gap, rehabilitative and durational alimony have all been kept intact, but one senator says the new bill narrows down the terms. A few of those who oppose the bill say that spouses who have stayed at home during their marriage cannot reasonably live on rehabilitative alimony payments - that 30 percent of a former spouse's income isn't enough to get by on while preparing to re-enter the work force and become self-sufficient.Some lawmakers worry about the unknown consequences of the bill's passing. Only time will tell how the new bill will affect alimony rulings in divorce court.
Source: Orlando Business Journal, "Florida senate panel Oks bill banning permanent alimony," Christine Jordan Sexton, Mar. 22, 2013
]]>It doesn't matter where you're from - the same basic rules usually apply in most divorces. A Canadian woman feeling slighted by her husband's alleged affair decided to get back at him while he was gone - with the "floozie," as the wife said - over the weekend. She posted an ad in Craigslist for a yard sale of her husband's property, stating the reasons for the sale. She said after ten years of marriage, she was planning on moving out of the house and wanted all his possessions gone by the time he returned from his trip.
]]> A family and estates lawyer advised that this approach isn't necessarily the best idea, as any money the woman received from the sale would be treated as marital property, and divided in court. It may have been satisfying for the woman to discharge her husband's possessions without his knowledge or approval, but her actions might end up costing her later, especially if he decides to sue her for his lost property.It's always a good idea to consult with a divorce attorney whenever there's an issue with the property obtained during the marriage. It's understandable that this is an upsetting time, but acting first without considering the consequences can make it even more difficult down the road.
Source: FoxNews.com, "Canadian woman sells husband's belongings after he allegedly leaves 'with his floozie,'" Mar. 14, 2013
]]>A man from Colonial Heights, Virginia found out through DNA testing that he isn't the father of a 13-year-old girl. He owed over $23,000 in overdue payments, but because he had signed the birth certificate, the judge wasn't able to discharge his child support debt. Instead, the judge ruled that he won't be held liable for future payments. He will still need to be responsible for the delinquent payments, by paying $1 a month interest free for nearly 2,000 years.
]]> This unusual ruling saves the man nearly $200 a month now, and he plans to take the child's mother to court to regain the thousands in child support he paid before he found out he wasn't the girl's father. He cautions other would-be fathers not to sign a birth certificate if they're unsure, because it's a binding document that promises the signer is responsible as the father.Of course, this shouldn't be a reason for fathers to refuse to sign a birth certificate or refuse to pay. Those who have any doubt as to a child's paternity could benefit from speaking with a family law attorney to find out what their rights are.
Source: NBC12.com, "Judge orders $1 a month in child support for the next 1000+ years," Yvette Yeon, Feb. 27, 2013
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