Divorce information, advice and help on questions about rights under Florida divorce, alimony, property, child support, custody, visitation and domestic violence laws, cases, procedures and guidelines from Fort Lauderdale Broward & West Palm Beach County divorce lawyer and domestic violence attorney Janet Langjahr
Louisiana has legal gambling.
Some divorced and separated parents of Louisiana children collectively owe $1 billion in child support. Many individual parents owe more than $10,000.
Some of those parents win money gambling though.
What’s wrong with this picture?
A Louisiana senator believes a parent’s gambling winnings should be applied to that parent’s back child support.
And he’s introduced legislation to make that happen, at least where the parent’s winnings exceed $1,200.
This is likely easier, less expensive and generally more effective than garnishing wages and suspending driver’s and professional licenses.
If the proposed legislation is passed, Louisiana will join the ranks of states that already look to gambling winnings for child support arrears.
Read more in this [Louisiana] Daily World editorial: Seize winnings of deadbeat parents.
Husband wants Wife to come outside to talk with him.
Wife refuses.
So Husband allegedly “shoots up” Wife’s house.
And two of her neighbors’ houses too.
The neighbors made the mistake of noticing Husband stalking Wife.
Husband is arrested for multiple counts each of reckless endangerment and use of a dangerous weapon.
At the time of his arrest, he is in possession of an assault rifle.
Husband is convicted of the charges against him.
Husband is sentenced to three consecutive five year prison terms.
Husband is also sentenced to additional time which will run concurrently.
Husband is also sentenced to twelve years of extended supervision.
Husband is a retired police officer.
Read more in this Milwaukee Journal Sentinel article: Retired police officer sentenced in shooting up house.
For more than a decade, there has been a tax credit for expenses of adoption.
In theory, the idea behind the tax credit was to encourage adoption of children out of foster care.
But, in reality, eighty percent of the credits went to those adopting privately.
The re-worked adoption tax credit now affords a tax refund to the many adopting families who don’t earn enough income or otherwise have enough tax liability to get the full benefit of the tax credit (approximately $13,000).
Although foster care adoption itself costs less than private adoptions, many of the adoptees have special needs that may cost their adoptive families more over time.
Child welfare agency workers now need to get the word out about the revamped adoption tax credit.
Read more in this Columbus [OH] Dispatch article: Adoption credit expanded.
Long Island Husband and Wife are married for thirty years.
It’s not the best of marriages.
Wife allegedly threatens Husband with a three foot long samurai sword near his chest.
Husband claims to have had to lock himself in his room overnight for safety.
Later, Wife moves to another state to start a business.
Husband files for divorce.
New York still requires fault-based grounds for divorce, unless the spouses legally separate for a year under a settlement agreement.
Husband asserts cruel and inhuman treatment by Wife as his grounds, citing the samurai sword incident.
Trial court doesn’t buy Husband’s grounds, because Husband wasn’t hurt, didn’t go to the hospital and didn’t call the police. And because Husband holds a black belt in karate…
All is not lost however.
Trial court finds that the ground of abandonment is met, by Wife’s relocation out of state.
Husband and Wife are successfully divorced.
But Wife may appeal.
Read more in this New York Daily News article: Family court judge says Samurai sword attack not grounds for divorce.
Across the nation, communities have been sponsoring events large and small to raise awareness of child abuse and recognize that April is National Child Abuse Prevention Month.
There are over 100,000 reports of child abuse each year in North Carolina alone.
Child abuse can take the form of actual violence, sexual assault, psychological volleys or neglect.
Anyone who suspects that a child is being abused should report the suspected abuse and let trained investigators make the final call.
Ceremonies honor child advocates and child victims.
Florida hosted its first Faith Leader Prevention and Permanency Roundtable, attracting forty leading spiritual leaders from around the state.
In Virginia, children created a pinwheel garden.
Everywhere, literature and programs are distributed to educate communities about local resources available to victims and families.
Read more in
Husband and Wife are divorced.
Husband used to own a successful car dealership in Tampa.
Husband was arrested a couple of weeks ago for not paying alimony to Wife and Wife’s attorney’s fees, as court ordered.
A civil warrant is issued against Husband.
Law enforcement officers go to Husband’s home.
Husband declines to answer the door, and hides in a closet.
Officers find an open window and enter Husband’s home.
Husband is arrested again for contempt of court and obstructing an officer without violence, by hiding from authorities.
Husband is released from confinement after posting a small bail … and paying the $119, 875 he was ordered to pay.
Read more in this Tampa Tribune article: Ex-auto dealer arrested again and this St. Petersburg Times article: Ernie Haire III hides in closet to avoid arrest on contempt charge, deputies say.
New York Boy meets Girl.
Boy proposes to Girl.
Girl accepts.
Boy puts a $17,500 diamond engagement ring on Girl’s finger.
A few months later, Girl has second thoughts and calls the engagement off.
Boy asks for engagement ring back.
Girl ignores Boy.
Finally, Boy files a lawsuit in civil court.
It is anticipated that the Court will rule in Boy’s favor, because an engagement ring is different from other gifts.
This particular type of gift is made specifically to “induce” marriage, and going through with the marriage is an implied condition of the gift.
Read more in this Staten Island [NY] Advance article: Diamond dispute: She dumps Staten Island man, but keeps ring.
Before tax season fades out of sight and out of mind, it is worth a refresher (or primer) on tax treatment of two of the most common types of payments required in a divorce settlement:
Read more in this Merced [CA] Sun-Star article: David Bruner, The Tax Man: Alimony, child support.
Early teen Son was legally adopted in California when he was three years old, after his biological parents lost custody of him. They reportedly have a history of narcotics-related convictions.
Recently, Son comes into contact with his biological parents.
Son goes missing.
Son is found.
Son’s biological parents are arrested on kidnapping charges.
The unusual case where two biological parents may properly be charged with kidnapping their own biological offspring.
Read more in this [Los Angeles] NBC 4 TV news article: 13-Year-Old Boy Returned Home; Biological Parents Arrested and this [Inland Empire, CA] Press-Enterprise article: Birth parents sought in teen’s disappearance.
State of Arizona collects some overdue child support from a Washington State father’s bank account. Cleans it out in fact.
Sounds like a good thing.
But it’s not.
Because the father who owns the account is not the father of the child for whom the child support was seized.
He has a similar (and common sounding) name.
But he’s a totally different guy.
It’s undoubtedly a computer’s fault. It usually is. Or so they say.
Arizona doesn’t really know how it happened.
But they believe that they’ve made full restitution to the victim. After media intervention.
Now the poor guy feels like he has to check on his account balance every single day … just in case.
Meanwhile, Arizona presumably still hasn’t found the right guy, the one who reportedly owes $46,000 in child support.
Read more in this Seattle KING 5 TV news article: Wrong man’s bank account cleared for child support money.
Michigan Mother and Father are divorced. They have two Boys together, four and six years old.
Father picks Boys up from Mother for timesharing.
The question is: why?
Father puts Boys in the car and meets Father’s brother (Uncle) at a bowling alley with a bar.
Father then allegedly leaves Boys in the car while Father and Uncle bowl and drink … for about two days .. without feeding Boys.
When the Boys are discovered, locked in the car, sometime after midnight, Father is arrested for felony child abuse.
At that time, there are several beer cans in the car, not all empty.
Father reportedly has a criminal history of misdemeanors, including two alcohol-related crimes.
Mother plans to seek to restrict Father’s visitation rights.
Child welfare agency will investigate the incident as well.
Uncle is not charged. Legally, he has no duty to care for Boys.
April is Child Abuse Prevention Awareness month.
Read more in this Jackson [MI] Citizen Patriot article: Dad who left kids in car is arraigned.
Tennessee Mother adopts little Boy from Russia.
Boy is allegedly aggressive and psychopathic and doesn’t bond with Mother and family.
Mother claims severity of Boy’s problems was not disclosed to her by Russians, a common complaint in adoptions out of orphanages and foster care.
Mother puts seven year old Boy, alone, on a plane bound back for Russia.
Russian authorities, not happy, freeze adoptions to US and urge more federal oversight of post-adoption family adjustment.
Americans have adopted some 50,000 children from Russia over the last twenty years. Only a handful have earned the attention of Russian authorities after the children arrived in ths US.
Read more in:
Many people going through divorce maintain that “it will all be better when the divorce is final”. Perhaps.
But a new study concludes that, on average, it actually takes eighteen months after the divorce is finalized for people to “get over” it and “move on”.
The interim can be very difficult for the newly divorced. For some, the scars and trauma may last forever.
Perhaps surprisingly, the final judgment is met with sadness thirty percent of the time and relief forty-three percent of the time.
Of course, whether you are the spouse who went looking for the divorce or one who got hit with it out of the blue, may affect your recovery time.
This study was sponsored by a website directed to fifty-somethings.
Read more in this Softpedia article: It Takes 17 Months and 26 Days to Get Over Divorce.
In northern Florida, some parents have been traveling to Jacksonville, in another county, to exercise or to facilitate supervised visitation.
Because Nassau County does not currently have a supervised visitation center of its own.
The gas expenses and the travel time make exercising timesharing burdensome for parents of limited means.
As a result, much allowed timesharing is not actually exercised.
So local attorneys are trying to raise the $25,000 that, together with matching funds from the Jacksonville supervised timesharing facility, could fund a local visitation center.
Supervised timesharing might be court-ordered for any number of reasons, including history of:
Read more in this Nassau County [FL] Record article: New location could link children to parents.
California couple contracts to give four frozen embryos to a Missouri couple.
Missouri couple uses two of the frozen embryos to give birth to twin daughters early this year.
The two remaining frozen embryos are in the possession of a California fertility clinic.
In a lawsuit, the California couple now seeks return of the as yet unused two frozen embryos.
They assert that the Missouri couple is required by their contract to return the unused embryos and that the California couple is disturbed by the Missouri couple’s alleged breach of contract and recent behavior regarding the twins.
In a lawsuit of their own, the Missouri couple assert their own interest in the frozen embryos as their unborn adopted “children” and the frozen embryos’ kinship interest in their Missouri siblings.
The unusual contract between the couples reportedly provides for the Missouri offspring to have ongoing open contact with their genetic siblings, the California offspring. It also provides for the Missouri couple to furnish the California couple with ongoing reports about how the Missouri offspring are doing.
Smacking of more conventional open adoption.
Under the contract, the Missouri couple is to pay for storage of the frozen embryos for a year, after which the California couple reportedly may have them back.
The California couple requested return of the as yet unused embryos to donate to another couple.
Now the reversion provision of the contract is being challenged by the Missouri couple, and the clinic is caught in the middle of the dispute between the two couples.
Raising complex questions somewhere betwixt property ownership and child custody.
Which the parties now hope to resolve via mediation next month. Both lawsuits are stayed until the mediation.
Read more in this St. Louis [MO] Post Dispatch article: Couples wrangle over frozen embryos’ fate and this St. Louis [MO] article: Suits over embryos halted
Government creates and funds child welfare agencies to protect children who are abandoned, abused or neglected by their parents (or legal guardians).
When a child welfare agency acts on a child’s behalf, it commences what is called a juvenile dependency action in juvenile court. Strangers and extended family members with which the court places children are eligible for free and low cost government services and may be eligible for government stipends.
That is a different type of process and a different court than family court here in Florida (and many other states) or probate court in Illinois (and some other states), where child custody proceedings between parents (for the most part) are heard.
In Illinois, however, some are accusing the child welfare agency there of directing low-risk poor and overextended families to commence child custody proceedings in probate court themselves, rather than the agency initiating dependency proceedings in juvenile court.
Costing the family money it can’t afford and sacrificing benefits and stipends they could definitely use in caring for the children they take in.
But saving the government money and reducing child welfare case workers’ caseloads. Because social workers do not help or supervise children in family or probate courts.
Child welfare workers are alleged to have intimidated poor people into starting private proceedings in probate court in Illinois by worrying them that their relatives would be placed with strangers … or in institutions.
Read more in this Chicago Tribune article: Is DCFS diverting cases to save costs?
It took Son’s Mother’s death and six years of wrangling in Brazilian courts after Mother abducted Son, for Father to be able to see Son and to bring Son home to the US last December.
Grandparents were right there alongside Stepfather as he maneuvered for years to deny Father any contact with Son and to block Father from regaining custody of Son and returning Son to his native New Jersey.
Since Son’s return just several months ago, Grandparents have repeatedly sought access to Son. Now Grandparents are complaining that Father has denied them access to Son for … a whole month.
It is not clear what the legal basis for their position is, if any.
Father reportedly wants therapists to supervise any contact between Grandparents and Son, at least during Son’s adjustment period.
Not getting their way, Grandparents showed up in New Jersey and filed an emergency proceeding for visitation. The Court would not entertain the matter on an emergency basis, of course, but did set a future hearing.
Read more in this Associated Press article: New dispute over boy brought to NJ from Brazil and this AOL News article: Grandmother Fights for Visitation in Goldman Case.
Husband and Wife are going through nasty divorce.
And Husband is being prosecuted for numerous white collar crimes.
Husband owes Wife $10,000 in alimony.
And financial disclosure in their divorce.
Minnesota trial court holds Husband in contempt of court … and orders Husband to jail.
After three nights of incarceration, Husband promises the Court he will make full disclosure and has already made almost all required payments to Wife.
Court releases Husband from confinement on “furlough”, under threat of doing more time should he not keep up with his payments to Wife and not live up to his promise to make fair disclosure.
Incarceration is a highly effective, but little resorted to, remedy for noncompliance with Florida’s mandatory disclosure requirements and discovery process.
Read more in this Minneapolis-St. Paul Star Tribune article: Hecker glad to be freed.
A local West Palm Beach Husband and Wife are under arrest on charges of child torture and cruelty, caging of a child and child neglect of the Wife’s three children, one of whom is also Husband’s. The children are 5, 9 and 10.
The eldest fled to a neighbor’s home after being “kicked out” after a beating, and the neighbor called the authorities.
The children reported that Husband and Wife beat them repeatedly with cables, belts and sticks, and also choked them until they became motionless. On at least one occasion, the youngest believed that the oldest was dead.
Upon medical examination, the children were found to have injuries consistent with their accounts.
The Court has ordered that Husband and Wife have no contact with the children, who are now in child protective custody.
April is national Child Abuse Prevention Awareness Month.
Read more in
Of course, not every state can be first. And some are bound to be a bit slower than others.
But South Carolina wins the grand prize.
They are getting ready to rollout a centralized computer system for child support enforcement and tracking statewide – and beyond.
And it comes only twenty-two years late under federal requirements.
Still, the advantage of waiting so long is that South Carolina’s system will be the absolute latest, greatest.
The disadvantages include huge penalties to the federal government. As in $72 million so far – and another $10 million soon enough.
The new system will interface with other states’ systems to follow movements of people with child support obligations and new hires registered in state employee tracking systems.
Once finally implemented, more custodial parents should be receiving more child support money, much faster.
Read more in this Spartanburg [SC] Herald-Journal article: History of the Spartanburg Herald-Journal.
Husband and Wife, are both natives of India who immigrate to the US and become US citizens.
Husband and Wife have Son, who is also a US citizen.
The family lives in the US, specifically California, for Son’s whole life.
Wife is unhappy and now claims to be a victim of abuse.
While on vacation visiting family in India, Wife decides to stay in India to see how she enjoys the work there and to have Son in India while she is doing so.
Husband arguably consents to the seemingly temporary arrangement.
Two months after arriving in India and after Husband files for divorce and custody of Son in the US, Wife seeks an Indian court order awarding her custody and guardianship of Son.
Husband intervenes in the Indian action, arguing that India does not have jurisdiction over Son.
The Indian trial court nonetheless proceeds and find for the Wife.
But the intermediate level appellate court reverses, concluding that Son is a permanent resident of the US and merely a temporary resident of India and therefore defers to the California court’s jurisdiction over Son.
The case is now on appeal to the Supreme Court of India.
Its forthcoming ruling will impact many families in similar situations.
India is not currently a party to the Hague Convention on the Civil Aspects of International Child Abduction.
Read more in this [Indian] Daily News & Analysis article: Can Indian judiciary interfere with orders of courts abroad? SC to decide.
One problem that never seems to go away is when one spouse inherits property prior to the marriage going on the rocks.
An inheritance is inherently separate nonmarital property … unless the inheriting spouse compromises that status.
After the marriage is on the rocks, the other spouse typically asserts a claim to the inheritance as marital property.
So, for purposes of protecting inheritances from subsequent divorces, an inheriting spouse should receive and maintain the inheritance as separate, nonmarital property.
That means that money should not be deposited into joint accounts. Title should not be taken in joint name.
The inheritance should be placed into a separate account or individual title in just the inheriting spouse’s name. No marital property should be combined with the inheritance. No part of the separate property should be used to pay marital obligations.
Unfortunately, some damage is often already done by the time talk of divorce erupts.
The only thing the person or persons providing the inheritance can really do to avoid this outcome is to protect their child (or other heir) from himself or herself … by not allowing the inheritance to pass outright into their child’s (or other heir’s) hands to taint.
One way to accomplish that is by directing the inheritance into a properly drawn trust.
Trusts are governed by state-specific law. In fact, not all types of trusts or specific trust provisions are recognized in all states.
So it is critical to have a trust intended to protect a married child’s inheritance from their spouse (and/or creditors) drawn by a licensed and qualified trusts attorney in the appropriate state.
Read more in this Napa Valley [CA] Register article: Parents get nothing unless will says so.
Children whose parents are unwilling or unable to care for them typically end up in foster care. But there’s often a highly viable alternative.
It’s called kinship care: placement with extended family members, most commonly grandparents. Approximately 350,000 of New York’s children are in kinship care.
New York’s commissioner of Children and Family Services reports that displaced children fare better when placed with relatives than in foster care, with strangers.
The Commissioner spearheaded a statewide “subsidized kinship guardianship program”. The currently $3 million program saves the state considerable funds otherwise expended on traditional foster care.
The current budget funds case management, respite services, support groups, advocacy and legal aid.
But the program’s budget is being shrunk by budget cuts to one-third of its current amount. At the same time that the number of children brought into the program is rising.
What’s wrong with that picture?
Read more in this Albany Times Union editorial: Kinship programs benefit children.
Husband’s father, an oil heir, is worth about $2 billion.
Wife is looking for more than $314,000 per month to carry on in the style to which she has become accustomed.
After living like an heiress for ten to eighteen years, anything less would be “slumming”.
And an award of attorney’s fees of $350,000, so she can retain counsel up to par with Husband’s.
And then there are the accountants’ fees. Another $100,000.
Imagine if there weren’t a recession on…
Read more in this Extra article: Getty Ex Wants Big Bucks in Divorce and this New York Post article: Getty oil heir’s ex demands $314K-a-month in divorce.
Couple gets married in Massachusetts.
Couple splits up in Pennsylvania.
One of the couple files for divorce in Pennsylvania.
Pennsylvania Judge dismisses divorce action.
Couple are lesbians.
Pennsylvania does not recognize gay marriage.
Therefore, according to trial judge, Pennsylvania cannot grant couple a divorce.
Except that New York and New Jersey don’t recognize gay marriage either … but will grant a divorce to gay couples.
In the meantime, gay couples married in states that have legalized gay marriage cannot obtain divorces or obtain orders on property division and support in several states that do not recognize gay marriages or gay divorces, such as Pennsylvania and Rhode Island.
Read more in this Boston Herald article: Pa. judge refuses to grant same-sex divorce after Mass. marriage.
Father and Mother have (now) 15 year old Son.
Father and Mother divorce.
Father is a lawyer.
Mother suffers from bipolar disorder.
In their paternity settlement agreement, Mother and Father agree that Mother’s timesharing with Son will be supervised by a specified psychologist (Psychologist), or any “doctor” he recommends. Their agreement becomes part of the final judgment.
Psychologist delegates supervising timesharing to his own Daughter, a seemingly less experienced and less qualified social worker pursuing a doctorate in psychology.
Mother reportedly brings two knives (an ornamental dagger and a twelve inch drywall knife) into Psychologist’s office when she arrives for timesharing with Son one day.
During timesharing, Mother allegedly stabs Son repeatedly, seriously wounding him.
Father sues Psychologist (and his business partner) for damages from Psychologist’s alleged negligence … and claimed improper billing of supervision at Psychologist’s rate rather than Daughter’s rate.
Psychologist defends that Mother has never been dangerous in Psychologist’s presence during the time that Psychologist did personally supervise Mother’s timesharing with Son.
Mother is charged with attempted murder and aggravated child abuse, but Mother is found incompetent to stand trial and is placed in an inpatient psychiatric facility.
Dedicated supervised visitation centers typically have strict formal security protocols, trained security personnel and security devices.
The choice of supervisor and the environment in which supervised visitation will take place should be appropriate to the person being supervised and the reason for the supervision.
Too often this is not appreciated by parties and, sometimes, their counsel.
Read more in this St. Petersburg Times article: Father sues over attack on son during supervised visitation.
Mother and Father have Baby.
Mother and Father split up when Baby is less than one year old.
Custody battle begins.
Father is awarded timesharing or visitation with Baby.
Mother allegedly absconds with Baby last December.
Mother reportedly tells Father that she killed Baby. Then recants.
And then says she gave Baby away to a couple.
Mother is arrested for child abuse, kidnapping, custodial interference and conspiracy to commit custodial interference.
Family court now awards custody of Baby to Father in the event that Baby turns up.
Mother now refuses to provide any information about Baby to Family court or Father, apparently due to criminal charges pending against her.
Father seeks to hold Mother in contempt. A hearing on the contempt allegation will take place later this month.
Read more in this Arizona Republic article: Father awarded custody of missing baby Gabriel
Daughter lives with Father and Stepmother.
Father is in the US army and lives on-base.
Father regularly beats Daughter.
Stepmother regularly beats and whips Daughter.
Stepmother confesses beatings to military Coworkers.
Coworkers report the child abuse to appropriate military personnel.
Military social workers and military police neglect to report suspected child abuse to state child protective services – as required by state law.
Military protocols are also violated.
Daughter dies as a result of abuse.
US army fires base’s highest child abuse official.
Army acknowledges that Daughter’s death could have been avoided by appropriate intervention by military officials.
Mother sues US army for damages.
Military attorneys argue that Army personnel “have no legal duty to report child abuse to civilian authorities” and that therefore Mother is not entitled to damages.
The Court has taken the matter under advisement and will rule at a later date.
In the meantime, Father is charged with murder and could be sentenced to death, if convicted.
Stepmother, having already pleaded guilty, is serving a twenty year sentence.
Read more in this Honolulu KITV 4 TV news article: Attorney: Army Has No Legal Duty To Report Child Abuse.
Anyone who has had to inventory personal property and distribute it knows it’s a complex process on multiple levels.
Lawyers have computer programs to assist them in this process, but those programs generally recognize only one dimension of personal property – present fair market value.
Personal property and the people involved are multi-dimensional though and emotions may impact both subjective valuation and the distribution process.
Divorcing and separating couples are among those who must work through this distribution process.
A web-based program offers to assist people with inventorying their assets and distributing them collaboratively and cooperatively.
For couples breaking up, this vehicle permits safe interaction at arm’s length.
For aging relatives and dispersed extended families, it also permits interaction item by item over time and distance.
This tool probably won’t help couples or families who are at war, but it may be worth considering for those who aren’t.
Read more in this PRWeb press release: New Website Provides a Solution to the Problem of Equitable Property Distribution After Death or Divorce and The Divvy Hub website.
A bill has been introduced in the Tennessee legislature that mandates that children of divorce spend half of their time with each of their parents.
There is one exception: where there is “clear and convincing evidence” that one of the parents is “unfit”.
A tough standard to meet. Which may serve to tie judges’ hands in custody cases.
If the bill is passed, children will arbitrarily bounce from one parent’s home to the other’s, without regard to whether that is in any particular child’s best interests in any given case.
At least one legislator is looking to put the child’s best interests back into the legal standard under the bill.
Read more in this Nashville Tennessean editorial: Custody bill goes too far.
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