Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach

Michigan Father allegedly owes child support.

$215,000 worth in fact.

For five different children with five different mothers.

And now Father is under arrest on five separate felony counts of nonsupport of children.

Read more in this Detroit Free Press news article: Detroit dad who owed more than $200K in child support involving 5 families arrested.

Once upon a time, divorce was caused by things like one spouse’s affairs … with other people.

But times have changed, thanks, in large part, to technology.

A newly released study, perhaps not conducted with strict scientific rigor, finds that a whopping fifteen percent of divorces are caused by one spouse’s … compulsion for video gaming.

That represents a ten percent escalation in just one year.

The spike is speculated to be the fallout of the recession, specifically high unemployment and reduced outside-entertainment budgets.

Or of a veritable addiction, allegedly more powerful than the drug cocaine.

Particular games taking the blame are reportedly World of Warcraft, Call of Duty and Halo.

At the heart of the matter is the nongaming spouse’s belief that the gaming spouse cares more about their gaming than their spouse.

Video gamers defend their hobby and point to preexisting relationship problems that may stimulate excessive gaming.

In other relatively recent studies, virtual cheating through social networking websites, such as FaceBook, has also been blamed for a statistically significantly percentage of divorces. See my previous post, That Cheatin’ Internet Social Network.

Read more in this [Salt Lake City] Deseret News article: Video-game addiction blamed for 15 percent of divorces and this [UK] Daily Mail article: Video games being blamed for divorce as men ‘prefer World of Warcraft to their wives’.

Kentucky Wife cheats on her husband. Wife gets pregnant and has Baby.

Wife’s Boyfriend seeks parental rights and responsibilities, including timesharing and visitation with Baby.

Under long-settled legal precedents, where a mother’s marriage is intact, in the eyes of the law, the mother’s husband is (conclusively) presumed to be the father of the mother’s child.

The Kentucky Supreme Court overturns that precedent in favor of a more scientific and pragmatic approach looking to DNA testing rather than blind rules of law.

Read more in this Wall Street Journal piece: Kentucky Supreme Court Wades into Extramarital Affairs and this Courier-Journal article: Kentucky court says fathers of children conceived during affairs have parental rights.

Each year, 200,000 children in the US are abducted by relatives.

Last year, two thousand children were abducted into and out of the US.

These and similar statistics are only on the rise.

The Office of Children’s Issues in the Department of State is responsible for resolving child custody jurisdiction cases under the Hague Convention on the Civil Aspects of International Child Abduction.

Read more in this Briefing on National Missing Children’s Day.

Tennessee Husband and Wife have three Children together.

Husband and Wife divorce.

Husband is court-ordered to pay child support for Children, including thirteen percent of his overtime pay.

Husband’s employer offers its employees the option of receiving compensatory time off for overtime in lieu of overtime pay.

And Husband has opted to forego overtime pay for compensatory time off.

Wife feels that Husband’s election is an effort to circumvent court-ordered child support.

So Wife reports Husband to her local district attorney’s office, which is responsible for enforcing child support where she lives in Tennessee.

And the district attorney’s office advises Wife that Husband is not violating the law … or the court child support order by electing to take compensatory time off instead of overtime pay.

Certainly, it is evident that Husband’s election is not illegal.

But, just as certainly, Husband’s election to take compensatory time off in lieu of overtime pay does violate the spirit and intent of the court order for child support.

Would the outcome be different if the child support court order specifically addressed the possibility of Husband electing to take compensatory time off instead of overtime pay, perhaps by expressly imputing to Husband his voluntarily foregone income and explicitly requiring him to pay child support on it? Wife must be wondering.

Read more in this [Nashville] WSMV NBC 4 TV news article: Mom: Dad Avoids Child Support By Choosing Comp Time.

The most recent census reveals that more and more people live alone.

For example, all but one of Colorado’s counties saw an increase in the percentage of their population which is living alone.

Statewide, twenty-eight percent of households are occupied by a single person. In Denver, more than a whopping forty percent of households are occupied by a single individual.

The rate of growth of single occupant residences outstripped growth in households consisting of married couples, families with minor children and even cohabitants, romantic and not.

Nor is Colorado unique. Quite the contrary, it mirrors the nation.

Whether due to death of a spouse, divorce, delayed marriage or a choice not to marry, single-occupant households are clearly a rising trend throughout the US.

Read more in this Denver Post article: 2010 Census: Colorado households of one have grown in past decade.

Have a so-called smartphone? Then, it now seems, you probably don’t have too many secrets from your cell phone service provider.

Probably right down to precisely where you are at pretty much any particular moment. All of them. All the time.

And it’s all reportedly saved in files.

Just waiting for subpoenas to be served.

So the information can be used against you in, among other places, a divorce case or a child custody case in family court.

With, potentially, great impact on your case, and your life.

Something to keep in mind next time you reach for your cell phone.

Read more in this The Mark piece: The Spy in Your Pocket – [Q&A] Cell phones’ ability to track their users’ movements in detail is a threat to privacy..

Mother and Father, a member of the Seneca Indian Nation tribe, have Daughter together. Father works for the Seneca Indian Nation, in security for one of its casinos.

During the first year after Daughter’s birth, Mother and Father amicably address Father’s timesharing and child support privately.

In time, Mother and Father’s relationship becomes more strained and Mother files for child support through the state family court of Pennsylvania. No challenge is made to the jurisdiction of the state family court of Pennsylvania.

Later, Father files for custody of Daughter through the Seneca Nation Peacemakers Court, the Indian tribal courts.

Father makes various unsubstantiated allegations of child neglect, which are refuted by a written statement filed with the Seneca Indian nation court by Daughter’s pediatrician. Father also accuses Mother of kidnapping Daughter in the past.

The Seneca Nation Peacemakers Court then gives Father custody of Daughter … and awards Mother, Daughter’s primary caregiver until then, absolutely no visitation or timesharing. Since 2008.

Indian nation courts may exercise child custody jurisdiction over Indian nation member children.

But, under the laws of the Seneca nation, Daughter is not a member of the Seneca Indian nation, because only her father and not her mother is of Indian heritage.

And so a Seneca nation appellate court reverses a lower Seneca nation court ruling that Daughter is a “Seneca minor”.

That reversal should strip the Seneca Nation Peacemakers Court of child custody jurisdiction over Daughter.

Yet the state family court still has not exercised child custody jurisdiction over Daughter, and Mother still has no access to or contact with Daughter. Even her letters are returned to sender.

And the Seneca Nation Peacemakers Court also allows Daughter no contact with her half-sister or her maternal grandparents.

Mother’s lay advocate, a member of the Seneca Indian nation and a highly experienced lay advocate in the Seneca nation courts, contends that the Seneca nation courts have favored Father out of bias.

The case continues in the appellate courts of the Seneca Indian nation. Mother refuses to give up on having contact with Daughter.

Read more in this Buffalo News article: A mother’s emotional fight – A Seneca Nation court has stonewalled Amanda Prechtel in efforts to reunite her with her younger daughter, Marissa.

California Husband and Wife have an argument.

Husband wants to drive off in his van.

Wife stands in front of the van to block Husband’s way.

Husband drives forward anyway, forcing Wife onto the hood of his car … and then Husband continues driving … 51 miles … with Wife hanging on for dear life.

Husband blasts music to drown out Wife’s yelling.

Husband lurches on highway in his effort to knock Wife off van.

Husband is charged with attempted murder and spouse abuse.

Husband enters a plea and Husband’s’ charges are reduced.

Husband will serve five years’ incarceration.

Read more in this Fox News article: Man admits driving 51 miles with wife on van hood.

I’ve posted before, in
Florida Public Defenders Seek Freeze and Lien for Attorney’s Fees on Marital Assets of Wife Who Allegedly Murdered Her Two Children With Husband, about a sad and fairly high profile case here in Florida where the Wife allegedly killed Husband and Wife’s children.

Husband just got his divorce … without any discussion of property division, although their assets are substantial.

How can that be?

Well, the above is a little misleading. It’s not that property division is eliminated. It’s just bypassed, for the moment.

A procedure called bifurcation literally allows the Florida family court to split the entire divorce case into two smaller components. Each component can be heard and ruled on at different points in time.

So, here, the bare divorce that made each spouse a single person again happened first. Property division will happen, but it will happen later.

Bifurcation doesn’t happen often, but it is used in certain kinds of circumstances. One of the most common is where one spouse is dying and wants to be divorced before their death.

There can be strategic reasons for seeking or opposing bifurcation, and bifurcation can create twists in property division.

Read more in this St. Petersburg Times article: Judge grants Parker Schenecker immediate divorce and this WTSP News 10 article: Parker and Julie Schenecker officially divorce.

I generally steer clear of celebrity divorces, but …

Whether it’s really true or not, it’s almost a cliche that divorce can be expensive.

So what’s the less expensive alternative? Could it be …

Marriage counseling? You might want to rethink that.

Husband and Wife go into marriage counseling in an effort to save their marriage.

Somewhere along the way there appears to be a dispute between Husband and Wife and their Marriage Counselor.

Marriage Counselor claims they owe her more than $10,000.

And a civil court sides with Marriage Counselor, ordering Wife to pay up.

Wife is appealing the trial court’s ruling.

The worst of it is that all that therapy didn’t save Husband and Wife’s marriage.

They went on to divorce. Ultimately, $10,000 poorer.

Read more in this New York Daily News article: Kate Gosselin ordered to pay more than $10,000 to former marriage therapist.

A financial advisor briefly hits the financial highlights associated with divorce.

• Know Thy Divorce Law. It is astonishing how very close too many people come to finalizing divorce settlements without having the slightest idea of what they may be entitled to. Often, they believe that their spouse has accurately summarized the law for them, and that their spouse is being very reasonable, even generous … when neither may be the case.

• Property Division. In equitable distribution states like Florida, marital assets are divided equitably, often, but not necessarily, equally. Note that whether property is marital property or nonmarital in the eyes of the law may be more complex than the financial expert describes.

• Retirement Assets Division. In equitable distribution states like Florida, the marital portion of retirement assets is divided equitably, often, but not necessarily, equally. Note that whether retirement assets are marital property or nonmarital in the eyes of the law may be more complex than the financial expert describes. Division of retirement assets is often particularly contentious. And may be especially complicated where there are pension plan administrators.

• Debt Division. In equitable distribution states like Florida, marital debt is distributed equitably, often, but not necessarily, equally. Note that whether debt is classified as marital debt or nonmarital under Florida law is determined by different principles than this financial expert describes. This financial expert also does not address the distinction between potential liability to a creditor in civil court and potential liability to a spouse in divorce court. Further, whether a particular spouse should make paying down debt a priority really depends on the overall facts and circumstances of their divorce case and situation. One size does not fit all. And, freezing joint debt accounts may be prudent much earlier in the divorce process than suggested, whether through a court order or otherwise.

In Florida, technically, the term “equitable distribution” includes all of the assets and property division and debt division touched on above – and much more.

But it is often helpful and illustrative to break it down into its smaller components, even well beyond what this financial expert has done.

For many couples, however, the marital residence and retirement assets are by far the largest assets the couple have.

And very often, folks anticipating a divorce focus on division of assets, without giving a thought to debt.

Yet, unfortunately, in some cases, marital debt may exceed – or approach – the amount of marital assets. So the debt really must be considered early on and addressed squarely. Otherwise, a spouse, or their attorney, may spin their wheels fruitlessly – but expensively.

Read more in this US News – Money – Smarter Investor piece: 3 Ways Divorce Affects Your Finances.

Husband and Wife marry in their early twenties.

Husband and Wife divorce … less than five years later.

The divorce court awards Wife what Massachusetts calls “lifetime” alimony of $65 per week.

Thirty years later, Husband is still paying Wife $65 each week. Which may not seem like such a burden in this day and age.

But Wife now seeks to modify her alimony award upward.

And the family court grants Wife’s request.

So, thirty years after their divorce, Husband must now pay his long ago Wife of under five years … $700 … per week.

And so it goes … in Massachusetts, where lifetime alimony is commonplace, even in short-term marriages. (Not so in Florida, unless there are unusual, special circumstances.)

Reformers have been targeting this alimony and spousal support law for several years, arguing that it does not fit modern values and expectations.

Proposed legislation would all but do away with “lifetime” alimony, limit the duration of all alimony based on the length of the marriage, end alimony at retirement age, and even impose a ceiling on the amount of alimony that can be court-ordered.

The proposed legislation also introduces different types of alimony, to address different possible particular needs of dependent spouses. For example, rehabilitative alimony for career training or retraining.

Whether the proposed changes in the alimony law are good or bad are, of course, subjective and depend upon whether one more closely identifies with a payor or a recipient.

Read more in this Albany [NY] Times Union article: Mass. considers ending ‘lifetime alimony’.

Foreign parents of children abducted to Japan by their Japanese parent haven’t ever had much to look forward to in terms of getting to see their children again.

That may be about to change though. Japan has announced that it is preparing to enter the Hague Convention on the Civil Aspects of International Child Abduction, and it is targeting acting by year’s end.

If so, it will be no minor accomplishment, because the stricken nation will, presumably, first have to overhaul its own domestic child custody laws to make them compatible with the Hague Convention.

Currently, Japanese laws recognize only sole custody awarded to one parent, and make no provision for visitation or timesharing by the parent who is not awarded sole custody.

And the Japanese courts are, by all accounts, biased against foreigners and fathers.

The US and European countries have been exerting increasing pressure on Japan to adopt the Hague Convention and modernize its domestic child custody laws.

Read more in this Australian news article: Japan to sign child abduction convention and this Houston Chronicle news article: Japan moves to join global child custody pact.

Thirty year old New York Girlfriend and fifty-nine year old Boyfriend are dating.

Boyfriend and Girlfriend have a spat.

So Girlfriend allegedly pours sulfuric acid on Boyfriend, also getting some on herself.

Boyfriend and Girlfriend both sustain second and third degree burns.

Girlfriend is arrested on charges of felony assault with intent to cause serious physical injury.

It is unknown what Boyfriend and Girlfriend’s spat was over.

Read more in this New York Daily News article: Geraldine McCoy, 30, ID’d as Brooklyn suspect in acid attack on boyfriend Henry Maurasse, 59.

For those who missed the prenup boat, the postnup or postnuptial agreement is coming of age.

What’s a postnup? It’s basically a prenup, only executed after the wedding day.

Like a prenup, it can spell out what a couple wants to happen to assets acquired by either or both spouses during the marriage, as well as premarital or otherwise separate nonmarital assets of either spouse, in the event of their divorce or the death of either.

Why would a couple do a postnup?

Several possible reasons. As some examples:

1. They didn’t do a prenup.

2. They’ve had a change of heart and want to update or modify a prenup, in whole or in part.

3. They’ve had a change of circumstances or assets and want to update or modify a prenup, in whole or in part.

4. Their marriage feels less solid than it used to.

5. New children or grandchildren enter the picture.

Actually, a postnup can also address child custody and/or support issues, but any provision as to those issues is subject to review and approval or modification by the family court.

In these uncertain times, postnups are gaining significant traction.

Couples who execute postnuptial agreements should take note that, because they are already married, family law holds them to what is called a fiduciary duty to each other, and requires that each spouse make full and fair disclosure of their financial picture to their spouse.

Read more in this Wall Street Journal article: Some Already Wed Couples Agree to Disagree.

Now that no-fault divorce law is the law of the land, the concept of adultery may strike some as irrelevant.

But not so fast. There is still the matter of child custody, and adultery could still potentially come into play there.

Oh, and then there’s criminal law. Although a lot of folks may not know it, adultery is illegal in some states. Yes, really.

Colorado is one of them. And Florida is another. And they have plenty of company in the US.

Are there a lot of prosecutions of this crime these days?

Well, that’s another story. But the criminal statutes are still on the books, available to be used.

Read more in this Wall Street Journal piece: Adultery Remains a (Legal) No-No in Colorado.

A Canadian city recently marked their Parental Alienation Day with a bubble-blowing event.

Parental Alienation Day was also recognized in Australia, Sweden, Germany and here in the US.

Parents, mainly fathers, expressed their sadness and trustration that they have no voice in the Canadian family courts, and are cut off from their children in divorce.

But the real message is that parental alienation hurts the children as much as the alienated parent.

Children miss out on a relationship with their parent. And tend not to do as well as a result.

The damage can be serious and lasting..

Read more in this Barrie [Canada] Examiner article: Bursting the bubble on parental alienation.

North Carolina Husband and Wife have two Children, ages 5 and 11.

Wife is diagnosed with breast cancer.

Husband files for divorce, relocates far away from Children and then files for primary custody of Children.

Now Mother’s cancer has metastacized and she is at Stage 4.

The North Carolina family court modifies child custody of Children, awards primary custody ro Husband and orders that Children relocate to Illinois in mid-June.

Wife asserts that her disease is well-managed and does not interfere with her ability to parent Children. Wife also describes Husband as abusive.

However, based on the testimony of a forensic psychologist, the divorce court concludes that “children who have a parent with cancer need more contact with the non-ill parent”.

There is nothing to suggest that this statement is anything but the personal opinion of that forensic psychologist, unsupported by any scientific studies.

There is no indication that any other factors are considered in modifying custody.

This case has sparked hot debate, petitions and calls for the presiding judge’s dismissal from the bench.

Wife is considering appealing the ruling.

Read more in this Time magazine article: Should a Mother Lose Custody of Her Kids Because She Has Cancer?.

Statistically, women are far more likely to be victims of domestic violence, including stalking, than men are, and men are far more likely to be perpetrators of domestic violence than women are.

According to a study, only eight percent of victims of harassment are men. And women are seldom stalkers.

That’s on terra firma. But things may be changing in the internet era.

A study conducted in the UK concludes that over one-third of victims of stalking via the internet, known as cyber-stalking, are men … and their cyber-stalkers are all women.

The study suggests that women these days are having greater difficulty recovering from rejection … or that perhaps the internet makes it easier and safer for women to engage in stalking behaviors … with anonymity or the appearance of anonymity, or assumed personas and identities.

The study reports that women perpetrate stalking on the internet by leaving messages on victims’ social networking web pages and through e-mails, and by communicating with victims via phony accounts and identities.

Read more in this Times of India news article: Facebook encourages girls to stalk ex-boyfriends.

Bermuda Husband and Wife have a five year old Son together.

Husband and Wife divorce.

Bermuda family court awards custody of Son to Husband.

Wife abducts Son and deprives Husband of any contact with Son for nine years. It appears that Wife and Son have been living in various locations in Florida since 2003, along with Son’s younger half-sister.

Mother reportedly has been arrested on more than one occasion for theft.

Son is located in a homeless shelter in western Florida, and authorities arrange for Son to be reunited with Husband.

Husband travels to the US for his first contact with Son in years. They enjoy spending several precious hours together.

But immediately prior to a scheduled mandatory US court appearance, Wife and Son disappear again.

This despite Husband’s application for Son’s return to Bermuda under the Hague Convention on the Civil Aspects of International Child Abduction.

Read more in this [Bermuda] BerNews news article: Father’s Heartbreak: Jasai Swan-Burrows and this [Bermuda] Royal Gazette article: Heartbreak as father’s reunion with son ends abruptly.

Sixty-five year old Indian Man lives with thirty year old Woman for three years in India.

Man puts Woman out of his home.

Now Woman seeks alimony and spousal support.

Man objects, asserting that Woman is his housekeeper and not even his wife.

Family court awards Woman temporary alimony.

Man appeals.

The appellate court affirms the divorce court’s ruling, holding that stringent proof of a valid marriage is not necessary at the temporary relief stage of the case. It is sufficient that the two gave the appearance of a married couple.

Read more in this Indian Express News Service article: Marriage valid or not, man must pay alimony: Court.

It’s one of the most misunderstood areas of the law for divorcing spouses. So this bears repeating.

When it comes to debts, family court can only make orders as to and as between the spouses. Family court cannot enter orders which bind third party creditors.

So when the family court allocates a joint debt to one spouse, that does not absolve the other spouse of their legal obligations to creditors. It just creates an obligation from one spouse to the other.

If the spouse to whom a joint debt is allocated doesn’t pay it, the credit of both spouses will take a hit … and the creditor can pursue payment from the other spouse, who thought they were off the hook.

Now that spouse can still take their ex back to family court to enforce the allocation of the debt and obtain an order for reimbursement. But that does not affect the creditor’s rights.

It is sometimes possible for one spouse to have their name removed from a debt at the time of the divorce, but that isn’t typical, especially for non-mortgage, unsecured debt.

In the case of property buyouts by one spouse of the other, a refinancing of the mortgage can be utilized to take the “bought out” spouse’s name off the note and mortgage. The refinancing is essentially a new transaction for new “compensation” to the lender, and the lender re-underwrites the modified loan to satisfy itself that the soon-to-be-single spouse can carry the modified obligation.

But, with unsecured debts, creditors have little incentive to release a spouse from a debt and give up a potential source of payment. So they likely won’t do so.

Whereever possible, it is always “cleanest” to pay off joint debt and replace it with individual debt in the sole name of the spouse to whom the debt is allocated. Unfortunately though, that is often not feasible.

Moral of the story: no matter what is stated in a marital settlement agreement or ordered by a divorce court, neither spouse is free of joint debt until it is paid in full and discharged.

Read more in this El Paso Inc. news article: Debt and divorce decrees.

Mother and Father both enter the US illegally and remain in Arkansas.

Mother remains undocumented for years. Father secures legal status on a temporary but renewing basis.

The government pursues increased child support from Father for their Daughter.

And then Father looks to get custody of Daughter.

To modify custody, Arkansas requires a material change of circumstances since entry of the previous child custody order.

At trial, the family court modifies child custody and awards custody of Daughter to Father. It appears that the trial judge bases his ruling upon his personal political and policy views, rather than Arkansas child custody law.

On appeal, Arkansas’ highest court reverses and restores custody of Daughter to Mother.

It turns out that the circumstances Father complains of, Mother’s undocumented status and lack of a valid driver’s license, are exactly the same as they were at the time of Mother’s and Father’s divorce. They were apparently acceptable to Father then, and the marital settlement agreement was approved by the family court and adopted in its final judgment.

Further, the evidence at trial showed that Father had had little or no contact with Daughter for about two years.

Read more in this Arkansas Times piece: Illegal Immigrant.

In New Haven, CT, a family court support magistrate doesn’t punish parents who don’t pay support.

Yet fifty-five percent more support payments are actually being made through her courtroom.

How is that?

The magistrate helps parents address the reason they are behind in their support payments, be it a substance abuse problem, a homelessness challenge, a criminal record, a limited education or an unemployment situation.

The pilot program is called Problem Solving Initiative, and it specifically targets people with severe challenges, such as those above.

And directs them to community services that may be able to help them, so that they will be able to support their children.

Mental health and substance abuse professionals, as well as college and law school interns, are on hand right in the courtroom.

Read more in this Hartford [CT] Courant article: A Helping Hand, Rather Than Jail, For Parents Who Owe Child Support.

Last October I posted about an unusual case in Mexican Mother Wins Return of Daughter Who Runs Away to Canadian Aunt Because of Alleged Abuse.

Mother was awarded custody of Daughter in her parents’ divorce, but Daughter has maintained that Mother abused her. Although Canada granted Daughter refugee status, Mother secured Daughter’s deportation and return to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction.

On appeal in Canada, however, a reversal paved the way for Daughter’s return to Canada for lack of a risk assessment hearing prior to her deportation. With intervention in the case from the UN Commissioner for Refugees and the Canadian Civil Liberties Association, the appellate court granted Daughter another hearing.

But Mexican authorities had no interest in the Canadian court’s rulings. So Daughter once again fled Mexico, with help from the Aunt with whom she had lived in Canada.

Now Daughter is back in Canada, which she considers her home. And a Canadian family court has ruled that she may remain in Canada permanently, in the care of her aunt.

Read more in this Canada.com news article: Teen embroiled in international custody battle can stay in Canada and this CBC News article: Deported teen refugee back in Toronto.

Girlfriend meets Boyfriend online.

Girlfriend is head over heels with Boyfriend.

Boyfriend tells Girlfriend he is a minister …a bishop … a doctor … a real estate expert … and an attorney.

Boyfriend describes himself online as someone who can help his dates with the gamut from their faith to their finances.

He speaks of marrying Girlfriend.

But first, he reportedly manipulates her into signing a Cohabitation Agreement. A beaut.

The agreement assigns Boyfriend authority to “rule over the affairs of the home”, and holds Girlfriend legally “responsible for all domestic house chores”.

And, of course, allocates “full authority to manage all of the[ir financial] affairs without limitation”. That pertains to all financial accounts, which are required to be “turned over” to him.

Boyfriend also has Girlfriend sign over power of attorney to him as to her property. And a deed to her home.

And Girlfriend isn’t the first victim of Boyfriend’s scheme.

Although Boyfriend has been sued civilly though, he has never been prosecuted for his conduct.

A reasonable cohabitation agreement can be extremely valuable in laying out the legal and financial framework for romantic partners living together outside of marriage (or, for that matter, people who are not romantic partners).

But an unreasonable and overreaching cohabitation agreement (and other transactions) can create a significant expense and hassle, and do financial damage to at least one of the parties to it.

Before entering a cohabitation agreement or other financial transactions with a third party, it is prudent to run a reality check by at least discussing the agreement, ideally with an attorney, but alternatively with another neutral, objective, mature third party with some wisdom, life experience and some experience managing financial affairs.

Read more in this [Charlotte, NC] WBTV 3 news article: 3 women victimized by man they met in on-line dating website.

Despite her award of alimony and spousal support in her divorce, Utah Ex-Wife has trouble establishing a residence after her divorce.

She spends a significant part of her time at her parents’ home.

Ex-Wife’s parents have six foster children living under their roof, all boys.

Ex-Wife allegedly engages in an ongoing sexual relationship with one of her parents’ foster children.

Ex-Husband files to terminate his alimony and spousal support obligation on the grounds that Ex-Wife is cohabitating with the foster child.

At trial, the family court finds that Ex-Wife sleeps at her parents’ home “at least 80 percent of her nights”, and that theirs is her primary residence. Based in part on input from Ex-Wife’s children.

Therefore, the divorce court rules that Ex-Wife is indeed cohabitating with the foster child, and holds that Ex-Wife’s spousal support should terminate.

Ex-Wife appeals. An intermediate level appellate court rules that “cohabitation” only occurs in the context of a conjugal relationship in the nature of a marriage, and reinstates Ex-Wife’s alimony.

And now Ex-Husband appeals to the state’s highest court. Which is expected to rule in the near future.

Several states have statutory provisions permitting termination of alimony and spousal support upon “cohabitation” with another person who is not a relative. But the precise definition of cohabitation is, probably intentionally, rarely nailed down in the statutory scheme.

Florida’s statute is couched in terms of a “supportive relationship” which is akin to a committed long-term relationship.

And yet a local Florida intermediate level appellate court found such a relationship in the former wife’s so-called “cohabitation” with a cellmate in jail. See my previous post, Alimony Terminates Because Ex-Wife is Deemed to Cohabitate with Cellmate Under Florida Settlement Agreement.

Read more in this [Salt Lake City] Deseret News article: High court to determine if sex with teen should stop alimony.

Florida Mother has four Children, ages 10, 11, 14 and 16.

Children’s Aunt has custody of Children and has been raising them for several years.

Aunt, who lives in Alabama, brings Children to Florida to visit with Mother.

Aunt reportedly allows Children to go on a drive with Mother.

Mother allegedly crashes the car.

The 14 year old Child is killed in the accident.

It is reported that Mother is legally intoxicated at the time. In fact, her blood alcohol level is said to be 4 times the legal limit.

The Florida court finds that Mother was not allowed unsupervised visitation and timesharing with the Children and again orders that Mother not have unsupervised contact with the Children.

The court modifies custody of Children, stripping it from Aunt, who reportedly allowed Mother to have the Children unsupervised, and awarding it to Childen’s great aunt and uncle.

The court also enters a restraining order of protection against Mother’s Boyfriend, who reportedly beats the Children. Boyfriend is also arrested on charges of domestic violence.

Both Mother and Aunt may face criminal charges.

Read more in this [Orlando] WFTV 9 news article: Alleged Drunk Mom’s Kids To Stay With Aunt, Uncle.

Five rules of divorce from North Dakota:

1. Cheating doesn’t matter. In the no-fault divorce world, that’s generally true. (Although this may vary from state to state.) Unless marital assets are squandered on the affair, anyway.

2. You can’t hide your assets. Well, strictly speaking, that may not be true. But it’s certainly risky business and inadvisable.

3. It’s never over. All too often, that does prove to be true … over and over and over again.

4. Get a prenup. Never a bad idea.

5. You’re not alone. Well, actually, this depends. Some spouses really are. They may not have to be, if they avail themselves of all available community resources. But some are. And some would be better off if they were, or at least had a smaller support team. It really is possible to have too much help, too much input, especially when it tugs you in too many different directions.

Read more in this [Fargo ND] KVLY & KXJB TV news article: 5 Rules of Divorce.