So, when should couples consider getting a prenup? As with most legal questions, the answer to this one is "it depends." There are a lot of factors to consider in evaluating the need for a prenup.
]]> For example, if someone who is getting married also expects to make a windfall profit sometime soon from something like a new contract at work, a bonus, or a small business getting new investors. In that situation, a sudden influx of cash could be the result of many years of hard work that predates the relationship, and it would be reasonable if someone wanted to protect that profit in the unfortunate event of a divorce. Since Ohio is a community property state, any money or assets that arrive during the marriage are considered shared absent some other type of agreement. On the other hand, some couples may very much want to share these successes and may intend to merge property and assets entirely upon marriage. In that situation, a prenup may not be desirable.As you can see from just one example, there is no easy answer to whether or not a prenuptial agreement is needed.
Source: CNBC, "How to Know If You Need a Prenup," Kelley Holland, June 18, 2013.
]]>In the study, which was carried out by researchers at a number of U.S. universities, asked 205 people, 70 percent of whom said they were romantically involved with another person, what their Facebook activity was like and whether or not Facebook use had led to relationship conflicts.
]]> The recipients' ages ranged from elderly to young adult, and the researchers found that people who check their Facebook accounts excessively (at least once an hour) were more likely to reconnect with old flames and engage in "emotional and physical cheating."In previous studies, excessive Facebook users were also more likely to become jealous after monitoring the online activity of their partners. One of the authors of the more recent study pointed out that people in relationships that have lasted for no more than three years are more prone to experience relationship strife over Facebook use.
The findings might be a suggestive eye-opener for people who spend a lot of time cultivating their Facebook personas. Likewise, the study should remind Columbus residents that we live in an age of online technology that doesn't automatically secure your privacy. What you do in social media could affect your divorce, child custody and child support proceedings.
Source: Huffington Post, "Facebook, Divorce Linked in New Study," June 6, 2013
]]>Stereotypes and outdated expectations have led many courts to side with mothers in custody battles, leaving fathers with weekends and holidays even if they are perfectly fit parents with the time and financial security to support their children.
Now, a group of activists from across the political spectrum have formed a new organization aimed at solving this problem. They are known as Leading Women for Shared Parenting and they will launch officially this year on Father's Day.
]]> Recent surveys and anecdotal evidence have shown that many people support equal parenting time for mothers and fathers after a divorce, yet those who have been through the child custody process know that is easier said than done.The issue has such widespread appeal that it has united unlikely allies from groups like the National Organization for Women and the very conservative Eagle Forum. All agree that state child custody laws should be reformed to give fathers a fair deal.
For fathers who are currently struggling to gain partial or shared custody of their children, it is important to remember not to give up the fight. Of course, each case has different and special circumstances, so a 50/50 split between parents is not the best solution for everyone, but an experience child custody advocate can help find the best solution in the interests of the chldren.
Source: StarTribune, "Rosenblum: Divorced dads get big gift from fired-up moms," Gail Rosenblum, June 8, 2013
]]>For that reason, pet custody can be a major issue in many divorces and can be intertwined with issues like who gets the family home and custody arrangements for the children.
]]> There are a variety of ways to approach pet custody. One way is to consider how a pet can play a role in the transition between homes for a child. For children who are particularly attached to a dog or cat, having the pet travel with them during a shared child custody agreement can help improve their sense of stability and give them a companion during an emotionally difficult time.Another consideration is what sort of living arrangement will be in the best interest of the pet itself. Let's say, for example, that the family pet is an older, indoor cat who has lived in one place it's entire life. The best solution for that cat may be to stay in the house or apartment where it has always resided with whichever soon-to-be ex spouse chooses to continue to live in that resdience.
Source: East Bay Express, "How to Navigate Pet Custody Battles," Elly Schmidt-Hopper, June 5, 2013
]]>When a document like a prenuptial agreement is found to be invalid, the couple is at the mercy of state laws of equity to determine how assets are divided in the event of a divorce. In some situations this is perfectly suitable but in others it can have serious financial impacts.
]]> The problem with the prenuptial agreement in this case was that the husband's signature was not properly notarized. Having a document notarized basically means that an authorized person has checked and verified the identification of the parties signing the documents as a safeguard against fraud and forgeries.
The husband attempted to fix the problem by filing an affidavit during the divorce process. The affidavit included a sworn statement from the notary public saying that he does typically ask for identification for prenups but that he did not remember the couple in this case. The court found that this extra evidence was not enough to fix the prenup and make it valid, and so the terms of the divorce will be decided in family court according to state laws.
Source: Reuters, "Defective prenup not cured by affadavit: N.Y. Court of Appeals," Daniel Wiessner, May 30, 2013.
]]>Parents who have been ordered to pay child support but do not pay the amount required or who pay late or not at all can face fines, wage garnishment, jail time, and drivers license suspension.
]]> Such is the case for former boxing champion Evander Holyfield, who is allegedly behind by more than $300,000 in child support payments owed to the mother of his daughter. The heavyweight icon earned $250 million during his career as a boxer but for some reason has been unable to keep up with the payments required by the court. As a result, a state family court judge recently said that the department of human services can proceed with an action to have Holyfield's driver license suspended.This type of penalty is meant to motivate delinquent parents into paying some amount of support. Unfortunately, the boxer has faced serious financial problems over the past few years, includin loosing a 54,000 square foot home he owned due to outstanding debts. In these situations it can be difficult to settle child support debts, but that does not mean that parents who are owed child support should give up the fight. Luckily, child support is one of the few financial obligations that cannot be discharged in a bankruptcy proceeding so the famous boxer will eventually have to pay per his previous obligation set by the court. If his financial situation is such that the obligation needs to be modified that will effect only future payments but not past debts.
Source: News One, "Evander Holyfield To Lose Driver's License Over Missed Child Support?" May 28, 2013.
]]>The study defined breadwinning moms as women with minor children who were either single mothers or who out-earned their spouse. This is a huge shift over a generation - in 1960 only 11 percent of households were supported by a female breadwinner.
These new family economics can have a big impact on traditional notions when it comes to issues like child support, custody, or spousal support.
]]> Unfortunately, since women are still paid only 80 cents for every dollar that an equivalent male worker makes, this can mean that families may be making due with less. The study also found a signficant earnings gap between married women who support their families and single mothers.In households where women out-earn their husbands they may be surprised by the outcome during a divorce. For example, women who are the primary earners and who are eventually awarded partial child custody could be surprised if they are still asked to pay child support along with spousal support to their lesser-earning spouse. Even if the soon-to-be-ex also works outside of the home, the principle of equitable division means that assets and income will be divided to maintain a similar lifestyle for both spouses as well as the children.
This has different implications for different families, but it is important to consider these issues in advance of a divorce.
Source: LA Times, "Moms are top or solo breadwinner in 40% of households, study says," Hugo Martin, May 29, 2013.
]]>In other situations, a clause may have one purpose but wind up having a different effect down the road. In a recent child custody dispute, a woman has been ordered by a judge to stop living with her long-term partner because of a morality clause in her divorce papers.
]]> The clause prohibits either parent of the teen girls from having an overnight guest to whom they are not married when the children are in the home. It was clearly designed to prevent the children from being exposed to a changing roster of potential mates, but now is preventing the lesbian couple from cohabitating because they cannot be legally married in the state where they live.A local judge recently ordered that the woman's partner move out of the home that they share in order to uphold the clause, which is integrated into every divorce case that is filed in the county where they reside. To overcome the clause, the state legislature would have to legalize same-sex marriage or the court in the state would have to declare the clauses to be illegally discriminatory.
This case shows the incredible importance of paying attention to each and every detail in a divorce settlement and in the decree, because inconsequential items that are automatically included may turn out to have serious consequences later on.
Source: Slate, “Texas Judge Blocks Woman From Living with Lesbian Partner at Ex-Husband’s Request,” Josh Voorhees, May 22, 2013.
]]>There are some alternatives to a prenuptial agreement, such as signing a post-nup after the wedding when things have settled down. There is also something called a divorce trust, which combines elements of family law and estate planning to separate out marital assets that are subject to division and those that should not be.
]]> A "divorce" trust is one that is self-settled, which means that it is established by an individual for their sole benefit. State laws differ slightly about how and when one may set up a self-settled trust that is immune to asset division during a divorce, but generally one established a more than a month before the wedding day will suffice.If someone wants to set up a trust for themselves after the marriage begins that is also possible, but they must do so only with assets that would generally be considered non-marital (not shared).
As with any considerations regarding asset division, it is important to remember that Ohio laws require equitable division of assets, so an sneaking dealing or obvious attempts to cheat a spouse out of money they may otherwise be entitled to are frowned upon and a judge may choose to divide those assets anyways.
Source: Barron’s, “Divorce Trusts,” Tatiana Serafin, May 18, 2013
]]>And while the relationship may have gone sour for the foreseeable future, making living together and remaining married an undesireable option, maintaining a good working relationship through the divorce can help keep the door open to other types of relationships with an ex in the future.
]]> One divorced couple made international news recently when they reunited and remarried after four decades of being divorced. The two had gone their separate ways and married other people in the interim, but saw each other again at a social event and rekindled their romance.This certainly isn't the norm for most Ohio couples, but the story does show how much things can change over time and the surprising twist a relationship with an ex-spouse can take. Even if the romance does not return, many people can find a meaningful friendship with someone they spent formative years with and raised children with.
This is just one reason why, amdist the difficulty and the sadness of ending a marriage, it can be helpful and productive to try to maintain some mutual understanding and respect for a soon-to-be-ex spouse. It is hard to know where life will take you, but a little optimism and a focus on the future can help make the divorce process just a little bit easier.
Source: Huffington Post, "Rocco And Estelle Dilizio Set To Remarry Almost 40 Years After Their Divorce," May 13, 2013
]]>One recent example that has been in the new quite a lot is that of Charlie Sheen's two ex-wives, Denise Richards and Brooke Mueller. Mr. Sheen children with each of them and pays individual child support, but recently Ms. Richards has undertaken care of both her and Ms. Mueller's children while Ms. Mueller seeks treatment for mental illness.
]]> A family court judge awarded Ms. Richards temporary custody of her ex-husband's younger children when it became clear that neither of their biological parents were able to care for them at the moment. Instead of placing them with a grandparent or uncle, the children are now staying with their half-sibilings and Ms. Richards, who has cared for them in the past.This decision was not without controversy, since Ms. Mueller has expressed concern about the impact this decision could have on her child support payments from Mr. Sheen, which she relies as her sole source of income to provide for the children.
This case shows the complications not only of child custody matters when one or both parents are unavailable to care for their kids, but also serves as an important reminder of the tie between custody and child support payments.
Even in cases where child custody is suspended temporarily, it could impact child support payments despite the fact that the static costs of caring for a child - a larger home, car, school tutition, and so on, do not decrease during a temporary suspension.
Source: Christian Post, "Denise Richards Refuses Extra Child Support from Charlie Sheen," Sami K. Martin, May 13, 2013.
]]>Now the man is pursuing legal action to demand that she return it since his former fiancée has refused. In addition to asking for the engagement ring to be returned, the man would also like his ex to reimburse him for court costs and his attorneys fees, as well as punitive damages for the emotional difficulty of this ordeal.
]]> While the present squabble probably leads most readers to think that the end of the relationship was an obvious conclusion, this case shows the difficulty that can come after a breakup when there is still unsettled business. Even though there was no marriage in this instance, the two may still be bound by both property and family law, as well as social norms regarding how a ring is handled when an engagement ends.Some couples come to an agreement among themselves about what to do with a ring that is no longer needed while evaluating what to do with other shared items such as furinture from a shared apartment or a pet. With more and more couples waiting to get married and amassing more shared belongings without the formal constructs of marriage to guide them, this situation has become more common than many Ohio readers realize.
Source: New Jersey Newsroom, "Man Sues Hillsborough Woman for $10,000 Ring in Broken Engagement Battle," April 26, 2013
]]>When the discussion begins about child custody and child support, the focus is frequently on the immediate needs of a child. Particularly for very young children, a central concern can be finding the funds to make sure that the child has some level of consistency and a shared custody or visitation schedule does not become a stressful experience. To that end, we often focus on things like transportation, child care, and remaining within reach of the same school that they have been attending. It can be hard, amidst this process, to remember to look further ahead and think about college.
]]> Ohio couples who are going through a divorce and who have toddlers or children in elementary school have probably pushed college to the bottom of the list of concerns, since it is far off and there are more pressing matters. However, developing a joint plan to save for college can make a big difference during a divorce and can help secure the child's financial future in ways that go beyond everyday needs.In addition to making a plan for financial contributions, it is also important to set up the college savings account in a way that limits the possibilities for one parent to make withdrawals or otherwise manipulate the account during the asset division process.
Source: US News and World Report, "Discuss College Savings during Divorce Process," Reyna Gobel, April 29, 2013.
]]>This is the case in the ongoing child custody dispute between Gossip Girl actress Kelly Rutherford and her former husband, who is a German citizen. The actress recently told reporters that she is in serious financial distress after a judge ruled that the couple's two children would live with her ex-husband in Monoco. He is unable to return to the United States becuase his visa expired and Ms. Rutherford said that the expense of flying back and forth to see her children, along with legal fees, has put her near the brink of bankruptcy.
]]> This case shows the difficulty of child custody arrangements for any couple living in different locations. This case is made more complex by the fact that even if the actress's ex-husband would like to return to the United States with the children, he is unable to becuase of his immigration status.Negotiating a child custody agreement with an ex-spouse who lives far away can be trying and expensive, as in this case. It can also be time consuming and stressful, as children are unable to spend adequate time with both parents. Unfortunately this is becoming more and more common as parents are faced with hard financial decisions and job opportunities in different parts of the country or world.
Source: New York Daily News, "'Gossip Girl' star Kelly Rutherford: I'm on the 'brink of bankruptcy' fighting for my children," Chiderah Monde, April 30, 2013.
]]>What happened? His former partner had lied about the paternity of his son. After a DNA test was ordered, the paternity was confirmed. Now, he wanted child custody.
]]> Then things got complicated. The child had previously been placed with two parents who were in the middle of the adoption process. Though the father had never met the child, the man asserted human rights legislation in an attempt to gain custody. While his appeal was pending, the courts finalized the adoption process.The child was conceived during a brief relationship. Unfortunately, the mother never told the man that he was the father of the child.
Eventually, the boy was officially was placed with his adoptive parents. This was in 2010. Recently, a judge has recently ruled that the child's best interests would best be suited if the child stayed with the adoptive parents.
The result of the case brings severe heartbreak to the father. After all, this was all a product of deception. In the ruling, the judge acknowledged the injustices in the system - particularly because a prior judge had finalized the adoption process as the father's appeal was pending.
This story is sad, but very true. It was a case out of the United Kingdom. Nevertheless, it is a prime demonstration on how family matters can be extremely complex for all parties involved. If matters are not handled carefully, this could lead to life-changing decisions. If you are amidst a serious custody issue, ensure that you have qualified legal guidance in the process.
Source: The Telegraph, "Father loses custody fight for child he never knew he had," Martin Evans, April 25, 2013
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