Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boca Raton

Domestic Violence: Another Side of It

Janet Langjahr — Tue, 09 Feb 2010 00:46:52 +0000

Eighty-two year old Husband owns used auto parts business.

Husband has stroke.

Wife gets legal guardianship of Husband.

Husband is admitted to nursing home.

Eighty year old Wife discharges Husband from nursing home.

Wife rejects in-home nursing care.

Husband and Wife live in back room of Husband’s business establishment…

In conditions unfit for human habitation.

Police find Husband, unattended, at his business establishment, malnourished, with numerous bedsores, afflicted by dementia, and wearing soiled clothing.

Wife is arrested for abusing Husband.

Wife represents herself at trial.

Wife maintains, in essence, that Husband is fine and should be allowed to return home.

Wife is convicted of abusing Husband.

Wife is ordered to relinquish legal guardianship of Husband to Wife’s and Husband’s daughter or the state.

Wife is denied unsupervised visits with Husband.

Wife is sentenced to eight years’ confinement in prison, suspended, with probation.

If Wife disobeys any of the court’s orders, Wife’s suspended sentence could be reinstated.

Husband is committed to a nursing home.

Wife reportedly states that Husband is unhappy in the nursing home and will be retaining his own counsel to procure his discharge.

Husband and Wife have at least $1 million in assets.

Japan’s Wives Yen for Divorce

Janet Langjahr — Mon, 08 Feb 2010 01:00:10 +0000

In Japan, the wives control the pursestrings. Historically, Japanese wives skim some of the family’s earnings and roll it over into their own personal rainy day fund, called “bellybutton money”.

The weak economy in Japan over the last year and a half or so has taken its toll on many wives’ so-called bellybutton money.

Some wives have had to dip into their private stash to cover household expenses. Others have economized on spending for the family to maintain their rate of skimming.

Interestingly, according to a survey, the main reason that Japanese wives accumulate their bellybutton money is so they can afford to get a divorce around the age of fifty. It is reported that many Japanese wives are able to amass UK 1 million pounds.

In a similar vein, a recently passed Japanese law now entitles Japanese wives to half of their husbands’ pensions. As a result of the new law, many sixtysomething Japanese wives have consulted lawyers about divorce.

Canadian Court Upholds Family Court Damages Award for One Spouse’s Purely Psychological Abuse of the Other Spouse

Janet Langjahr — Sun, 07 Feb 2010 00:18:40 +0000

Ontario Canada’s highest court has fired a shot which may be heard around the family law universe.

Common law Husband threatens and harasses common law Wife … with the intention of intimidating her into backing off on her claims for property division and alimony.

For example, Husband threatens to send intimate pictures of Wife to her grandmother.

And Husband paints their common law marriage as merely the business relationship of landlord and tenant.

And Husband sends Wife scary letters, including one referring to a bullet in her head.

Husband also engages in frivolous, but nonetheless expensive, litigation intended to wear Wife down financially.

Sound familiar? If you’ve spent any time in American family courts, it should.

Based on Husband’s pattern of conduct, the Canadian appellate court refused to be used by Husband.

The Court declined to hear Husband’s appeal, concluding that it is an “abuse of process”.

Allowing to stand a $250,000 judgment awarding Wife damages for Husband’s intentional infliction of mental and emotional suffering and reimbursement of her legal fees and costs.

This was the first Canadian case in which the Court compensated a spouse for purely psychological abuse suffered in the absence of physical abuse.

Husband is also being prosecuted for his alleged threats and extortion.

Scottish Court Orders Return of Daughter From Father in Scotland to Mother in Malta After Daughter is Allegedly Retained by Father in Scotland for Two Months

Janet Langjahr — Sat, 06 Feb 2010 00:34:55 +0000

Maltese Mother and Scottish Father are divorced.

Mother has custody of their Daughter and they live in Malta.

Father lives in Scotland.

Last November, Mother and Daughter go to Scotland to visit relatives.

While they are there, Father requests a visitation day in Scotland. Mother agrees.

But Father refuses to return Daughter and accuses Mother of keeping Daughter in a dangerous and unsanitary environment.

Because of Father’s allegations, Scottish authorities detain Daughter in Scotland pending a hearing.

Daughter remains in Scotland for almost two months, attending a Scottish school, before any hearing.

In early January, the Scottish court finds that Husband has no rightful claim to custody of Daughter and rules that Daughter should be returned to Malta under the Hague Convention on the Civil Aspects of International Child Abduction.

Israeli Grandmother Instigates Grandson’s Divorce From Her Grave

Janet Langjahr — Fri, 05 Feb 2010 00:51:09 +0000

Everyone knows some parent (or grandparent) of an adult child who just doesn’t like their child’s chosen spouse.

The reasons vary – and sometimes there really is no actual reason.

In most instances, the parent (or grandparent) has no choice but to “get over it”.

But that doesn’t necessarily stop them from trying to interfere or control – even from the grave.

And so it is with a wealthy Israeli Grandmother dissatisfied with her Grandson’s choice of Wife.

Both Mother and Grandmother have had no relationship with Grandson since his marriage ten years ago.

In her will, the Grandmother leaves her fortune to Grandson and her other grandson, but Grandson can’t collect his inheritance … until he divorces Wife (or Wife dies).

(There are a couple of stated exceptions, but they apparently don’t apply here.)

Now Grandson intends to challenge the will.

Similar provisions in wills have been struck down in some US states on the grounds that it is against public policy to instigate divorce.

Husband Allegedly Murders Wife Over UK 200,000 Pounds Dispute in Amount to Settle Divorce

Janet Langjahr — Thu, 04 Feb 2010 00:43:52 +0000

UK Husband owns roughly 300 acre farm.

Husband and Wife have stormy marriage.

Wife tells friends that Husband is violent with her.

Husband also reportedly threatens Wife

Wife e-mails one friend that Husband claims to have associates “who could get rid of bodies”.

Husband reportedly has affair.

Wife discusses divorce (in 2007).

Husband offers Wife a settlement of UK 600,000 pounds.

Wife, however, rejects that offer, holding out for UK 800,000 pounds.

Shortly after, Wife goes missing, never to be seen or heard from again, dead or alive.

Husband allegedly does not report Wife as missing for five whole days.

Husband is charged with murder.

Husband’s guilt or innocence is now up to the jury.

Timing is Everything

Janet Langjahr — Wed, 03 Feb 2010 01:17:15 +0000

Attorney-Husband has a lucrative class-action personal injury litigation practice.

Husband and Wife have millions of dollars in assets.

Husband has been working on a particular case for the last several years of Husband’s marriage to Wife.

Wife files for divorce from Attorney-Husband.

After Wife files for divorce, but before final judgment, Husband receives a multi-million dollar attorney’s fee in the above class action lawsuit.

The multi-million dollar question: does Husband get to keep his entire fee? Or does Wife get a share of it?

The Tennessee trial court rules that the attorney’s fee is marital property of both Husband and Wife … and awards forty (40%) percent of the fee to Wife.

On appeal, the Supreme Court of Tennessee affirms the trial court’s classification of the attorney’s fee as marital property and upholds the trial court’s division of the fee.

(Note: different states define marital property differently, and Florida’s statutory definition differs from Tennessee’s.)

German Ex-Surgeon Now Living in Canada Seeks Modification Because Wife Isn’t Moving on with Her Life, to Pursue Financial Independence – Even Though He Allegedly Has Not Given Her Her Full Court-Ordered Share of the Marital Estate or the Court-Ordered Support for Their Children, Let Alone Herself

Janet Langjahr — Tue, 02 Feb 2010 03:58:04 +0000

Husband is celebrated surgeon and professor in Germany.

Then he reportedly pleads guilty to intentionally harming patients and then falsifying medical records.

He is fined approximately $37,000, but is not sentenced to jail.

He does however lose his position and standing.

Husband reportedly receives approximately $3 million in severance pay.

Husband and Wife leave Germany to immigrate to Canada.

Several years later, their marriage breaks down, and they divorce in 2008.

Canadian divorce court orders Husband to pay Wife child support and alimony, and to turn over some assets to Wife.

Husband pleads guilty to two charges of driving while impaired.

Husband is ordered to pay a nominal fine for each charge and his driving privileges are revoked for two years.

But Husband is not sentenced to jail.

Husband seeks to modify the final judgment in his divorce, arguing that his fortunes have reversed … and that Wife has not taken steps to become self-supporting.

Wife responds by noting that Husband has not produced adequate proof of his supposed worsened financial condition, inadequate documentation of his financial picture at all.

Husband reportedly owns real estate … in Germany and Canada … and the US and Switzerland. He reportedly also owns a stake in a Canadian air carrier.

The court has not yet ruled in Husband’s case, but …

Non-Profit Finds Extended Family Members to Adopt Teenagers in Foster Care

Janet Langjahr — Mon, 01 Feb 2010 00:01:48 +0000

Teens in foster care are not that adoptable. So they tend to remain in foster care. Permanently.

Yet these teenagers may have extended family who might be willing to take them in and adopt them. If they only knew of their circumstances. Or existence.

That’s the premise that gave birth to the non-profit, Foster and Adoptive Care Coalition. Among other things, the non-profit’s investigators search for such extended family members of teens in foster care.

Where teens do have suitable relatives, the odds that these relatives will adopt them are significantly greater than the odds of their adoption by unrelated strangers looking to adopt.

In fact, the organization is able to get ninety percent of teens in foster care connected with their extended family members.

And seventy percent of the children with relatives end up being adopted, generally by their own extended family members.

In St. Louis, there are often 400 teens and preteens in foster care. Extended family member adoptions can make a big dent in that number … and a big difference in these foster children’s lives.

And Now the Rollout of the Divorce Gift Registry

Janet Langjahr — Sun, 31 Jan 2010 03:56:21 +0000

First came The Divorce Party, not long ago at all.

So it was just a matter of time until …

The Divorce Gift Registry.

The brainchild of a British department store.

It’s intended not only to help a newly divorced ex-spouse celebrate their divorce, but also to replace items they lost in the divorce, which are needed to equip their new post-divorce home.

US department stores and boutiques will undoubtedly follow suit in short order and offer their own divorce gift registries as well.

You Can’t Keep a Loving Grandparent Down

Janet Langjahr — Sat, 30 Jan 2010 18:10:25 +0000

It’s been ten years since the US Supreme Court all but stranded grandparents seeking visitation with their grandchildren out in the cold, but the grandparents of America refuse to be left there … and many state legislators have since taken up their cause, despite the high court’s ruling.

A Wisconsin statute allows a family court to order visitation for grandparents where the grandchildren’s parent has died and it is in the best interests of the children to have visitation with their grandparents.

The Wisconsin Court of Appeals recently held that the statute encompasses overnight visitation.

The children’s surviving father argued that the statute violated equal protection under the law because it treats different types of parents differently based on whether their spouse is alive or dead.

The intermediate appellate court concluded that the distinction was justified by an overriding compelling state interest to protect a child’s interests after the death of a parent.

The father also argued that the overnight visitation awarded at the lower level exceeded the scope of the visitation contemplated by the statute and amounted to an improper “physical placement”.

The appellate court concluded that the plain meaning of the word visitation was consistent with overnight visitation.

Indiana has no statute like Wisconsin’s – yet. Indiana residents and a legislator fighting on their behalf are trying to change that.

Grandparents recently testified before the Indiana legislature about adult children arbitrarily withholding visitation with their grandchildren, maintaining that this hurt the grandchildren as well as the grandparents.

Yours, Mine and Ours … No More

Janet Langjahr — Fri, 29 Jan 2010 20:06:28 +0000

Mother and Father divorce. Mother and Father have three Boys together.

Mother and Fiance move in together with the Boys, Fiance’s child and a child of Mother’s from a previous relationship.

Mother and Fiance have two more children together. And become engaged.

This growing blended family reportedly works very well.

Then Father gets a new job out of state.

He informs Mother that he will be taking the Boys with him.

Mother obtains a court order awarding her sole custody of the Boys and providing for them to remain in their home state with Mother.

This Father cannot accept.

Father takes the Boys for visitation at his parents’ house.

Mother calls Father to tell him that she wants the Boys returned.

Father drives over to Mother’s and Fiance’s home.

Father then allegedly reveals a gun and shoots Mother to death … in front of the other children.

Father is arrested for Mother’s murder.

And this blended family is torn apart.

The Boys presently live with Father’s parents. Fiance tries to visit them every other weekend.

Mother’s child from a previous relationship is with some relatives of hers.

Mother’s and Fiance’s children are with Fiance, undoubtedly missing their Mother and siblings.

Debit Cards for Child Support and Alimony Recipients: Mixed Performance

Janet Langjahr — Fri, 29 Jan 2010 00:32:45 +0000

Many states now transmit child support (and spousal support) payments to recipients via debit cards.

Sounds convenient for all.

Unless some of the money that is supposed to be available through the card isn’t.

One state using debit cards is New Jersey.

One child support recipient was allegedly told that she spent her “missing” support money … on jewelry … in Nepal.

And she would have to take her disputes up with the merchant … in Nepal.

This mother in need of support had not been charging jewelry to her card in Nepal.

But the debit card company disagreed with her for two months.

Until the media intervened on the mother’s behalf.

Reportedly, this is not an isolated instance of fraudulent charges that were made the support recipient’s problem to investigate and resolve with the merchant.

Some support recipients who have had to deal with fraudulent charges have opted to switch from debit cards to direct deposit of their child support money into their accounts.

Wave of the Future: Are You a Half a Parent or a Quarter of a Parent?

Janet Langjahr — Wed, 27 Jan 2010 19:46:26 +0000

That’s a question implied by recent scientific advances.

Family law keeps getting more and more complicated, thanks, in part, to science.

It is now reported that scientists have extracted “bad” DNA from one mother’s egg and inserted into that mother’s egg “good” DNA extracted from another mother’s egg.

(For those who are wondering, “bad” DNA foreordains disease, birth defects or the like, and “good” DNA carries the promise of normal and healthy.)

Both mothers in this instance were monkeys, but the science underlying the procedure theoretically applies to humans as well.

So, if two different mothers contribute DNA to an egg, are both DNA-contributing mothers a mother (or half-mother) to the eventual baby?

From a scientific perspective, the answer would seem to be, indisputably, yes.

But what about from a legal perspective? That’s less clear-cut and will probably depend on a number of considerations.

The potential ramifications of multiple DNA contributors can become unwieldy, at best.

These very legal issues just may be taken up in our family courts in the future.

Child Welfare Agency Approves Preteen for Foster Care and Pimp as Her Guardian

Janet Langjahr — Tue, 26 Jan 2010 04:28:40 +0000

Twelve year old Girl is in child protective custody.

Girl is placed in foster care with Man.

Reportedly, Man is a pimp who has been profiting from Girl’s prostitution at the time the Maryland Child Welfare Agency (Agency) and Girl’s aunt allegedly approve him as Girl’s guardian.

Now Man pleads guilty to this offense with Girl … and three other girls. He could be sentenced to as long as 20 years’ incarceration.

Man has extensive arrest record over twenty year’s long, but no prior convictions.

Agency is supposed to run a background check on any prospective guardian / foster parent, but typical background checks only pick up convictions.

Divorce Trial Court Orders Wealthy Wife to Cover Husband’s Real Estate Investment Losses With Her Half Share of the Marital Estate

Janet Langjahr — Mon, 25 Jan 2010 04:21:40 +0000

Wealthy Wife and Husband divorce in UK in 2007.

Marital assets are divided equally.

The trial court also orders Wife to compensate Husband from her share of the marital estate for some real estate losses he suffered. This is in addition to his receipt of half of the marital assets.

Wife appeals that ruling, arguing that Husband may recover his losses in the future.

Court excludes evidence that those property values have already rebounded to a degree.

Wife proposes that the properties be sold within five years, with the profits or losses being shared equally.

Husband and Wife await the British appellate court’s ruling.

A Child with Cancer Does Not Raise Odds of Parents’ Divorce

Janet Langjahr — Sun, 24 Jan 2010 01:02:21 +0000

A couple of months ago, I posted a Warning to Seriously Ill Women: Be Prepared to Be Divorced … Now based on a study.

Another study concludes that parents of a child suffering from cancer are not statistically significantly more likely to divorce than any other parents, even if the child dies. This survey looks at nearly a million couples living in Norway over a twenty-five year period.

The people conducting the survey believe it shoots down an insidious myth. But they are quick to admit that living in Norway may defuse many of the stresses of parents of children with cancer because Norway has free medical care and an extensive social welfare system.

The study also reports a greater risk of divorce in the subset of couples where the wife is college-educated, particularly where the child’s cancer involves the child’s central nervous system. The reasons are unknown, but it is speculated that more educated women face more stresses juggling a career with child care, particularly where the child has special needs.

Rejected Husband Sentenced to Death in Murder of His Ex-Mother-in-Law and Two Small Children

Janet Langjahr — Sat, 23 Jan 2010 01:01:55 +0000

Couple separate.

Husband condemns divorce and threatens Wife numerous times.

Wife gets injunction for protection against domestic violence, or restraining order, against Husband.

Wife requests that Husband be allowed only supervised visitation with their three and five year old Children.

Court, however, orders unsupervised visitation for Husband, including weekly overnight timesharing with the couple’s three and five year old Children.

Exchanges are conducted at Wife’s Mother’s home for her safety.

Divorce goes through.

During latest visitation, Husband sends increasingly disturbing text messages to Wife, in which he seems to try to lure Wife to his location.

One message alarms Wife and she calls police.

Upon investigation at Wife’s Mother’s home, police discover Wife’s Mother and both Children dead. Wife’s Mother was shot and Children were stabbed to death.

Husband is charged with “aggravated” murder.

Husband’s defense seems to be that Wife divorced him.

Husband is convicted of murdering all three victims and is sentenced to death.

Mother Allegedly Hides Child in Hole in Wall for Two Years to Keep Custody From Father

Janet Langjahr — Fri, 22 Jan 2010 00:25:44 +0000

Mother and Father break up.

Their Son is 5 years old.

Court awards custody of Son to Father.

Mother alleges that Father sexually molested Son.

Child welfare investigators find no evidence to support those allegations and recommend that Father be awarded custody of Son.

Mother abducts Son.

And allegedly hides him in a hole in the wall – quite literally – at the house of her mother (Grandmother).

For two years.

Police say Son reacted to his release as though he had rarely if ever been outside of his hole in the wall, a small hidden crawlspace built into a wall in his grandmother’s house.

Mother is now charged with felony child abduction.

Grandmother is now charged with aiding and abetting.

A man who also lived in the Grandmother’s house is under arrest as well.

Son is now living with relatives pending further investigation of Father and evaluation of Son by child welfare workers.

Father maintains his innocence.

Guess What? Unmarried Parents Don’t Have an Automatic Right of Appeal of Child Custody Rulings in all States

Janet Langjahr — Tue, 19 Jan 2010 18:13:41 +0000

Boyfriend lives in New York.

Girlfriend lives in New Hampshire.

Boyfriend and Girlfriend “meet” on the internet.

Couple has two Daughters.

Relationship sours.

Custody battle in New Hampshire begins.

Girlfriend accuses Boyfriend of sexually abusing Daughters and of “mental delusions”.

Boyfriend accuses Girlfriend of sexually abusing Daughters and of “mental delusions”.

Neither police nor child protection agencies in either of their states have taken any action against Boyfriend (or, apparently, Girlfriend).

Boyfriend [erroneously] contends that this proves that Girfriend abused him with false accusations … alienating their Daughters from him and manipulating the legal system.

Court concludes that couple cannot “co-parent”.

Therefore, court awards Girlfriend primary custody and majority timesharing.

Court also awards Boyfriend “liberal” visitation.

Seeking primary custody himself, Boyfriend files appeal … and learns that New Hampshire law denies unmarried parents in child custody cases, among other folks in family cases, an automatic right of appeal.

So, Boyfriend seeks a discretionary appeal. And loses.

Now, regrouping, Boyfriend asks the trial court to reconsider its ruling, a little late in the game. He is now asserting that different appellate rules based on marital status of parents is discriminatory and, therefore, unconstitutional.

Whatever else, New Hampshire’s unusual appellate rules do at least have the virtue of trimming the appellate dockets considerably.

UK: Is the Hague Convention on the Civil Aspects of International Child Abduction Really All It’s Cracked Up to Be?

Janet Langjahr — Tue, 19 Jan 2010 00:36:11 +0000

The goal of the Hague Convention on the Civil Aspects of International Child Abduction is to facilitate return of internationally abducted children to their home states within a brief six weeks.

Unfortunately, this is a far cry from the reality.

According to an article written from the British perspective, one-third of children abducted from the UK to other countries which have signed the Hague Convention are not returned within a year. Several countries typically require well over a year, or even a couple of years, for cases to run the course of their legal system.

Some countries which are parties to the Hague Convention reportedly never return children. Others rarely do so.

According to the article, Hague Convention signatory countries least likely to return children to the UK (and, presumably, anywhere else) are:

Croatia
Ecuador
Honduras
Mauritius
Peru
Serbia
Sweden
Zimbabwe

According to the article, even the US refused to return one-third of abducted children.

Of course, some cases of non-return by Hague Convention signatories may be the result of good faith differences in findings of fact or good faith differences in the application of the law of the Convention (particularly the exceptions) to the facts of the cases.

But, if this is the track record of the countries that agreed to the Hague Convention, the even poorer track records of non-party countries shouldn’t be surprising.

New York Remains the Last Bastion of Fault-Based Divorces

Janet Langjahr — Sun, 17 Jan 2010 23:36:09 +0000

Florida is a so-called “no-fault” divorce state. Actually, at this point in time, so is every other state in the union.

Except, of course, New York state. The lone holdout requiring fault for divorce.

Many attorneys and mediators have worked for years toward changing New York’s divorce law.

But with no success to date.

Leaving it to divorce litigants to discover and prove legal fault.

One commentator points out that the added costs to spouses and the extra clogging of the New York courts with courtroom fault-dramas are just too much in these recession-plagued times.

Who knows? Maybe this will be the year New York’s divorce law changes.

Child Killed by Father While in Father’s Custody … After Being Removed from Mother’s Custody

Janet Langjahr — Sun, 17 Jan 2010 04:45:34 +0000

Mother and Father are divorced.

Child welfare agencies in two states are familiar with the family.

Mother is initially awarded custody of their three Children.

Later, Mother loses custody of Children and Father is awarded custody of Children.

Mother is allowed visitation supervised by child welfare personnel at the child welfare agency’s facilities.

Father has other children from other relationships. Father’s visitation with them is reportedly restricted and he was allegedly arrested for injuring one of his other children previously.

While Children are in Father’s care, Father allegedly gets drunk while “playing” with a gun … on Christmas Eve.

All three Children are present at this time, including one-year old Baby.

Father’s gun goes off, shooting one of the Children in the head and killing her.

One of the other Children dials 911, not Father.

Father is arrested for manslaughter, endangering a child and tampering with evidence … and released on bail.

Mother’s counsel seeks to have the surviving Children placed into Mother’s care. Father’s counsel seeks to have the surviving Children placed into Father’s care.

Instead, the Court orders that Father have no contact with the two surviving Children for the time being, that Mother continue to be restricted to supervised visitation, and that neither parent have access to Children’s school.

Children are in foster care.

Long After the Divorce, Ex-Wife Sues Very Wealthy Ex-Husband for Hiding Assets During Divorce, Fraud, Etc. … and $300 Million

Janet Langjahr — Sat, 16 Jan 2010 00:44:50 +0000

Ex-Husband and Ex-Wife divorced in the early 1990s.

Ex-Husband is a very, very wealthy man who founded a successful investment company during his divorce from Ex-Wife.

Ex-Wife sues Ex-Husband in a civil lawsuit for claimed racketeering. More specifically, allegedly:

hiding assets from Ex-Wife and the family court during their divorce
filing papers with the court that were false
fraud and
insider trading.

Ex-Wife’s first lawyer dismissed her suit shortly after it was filed, apparently due to a falling out between him and his client. But Ex-Wife plans to re-file through new counsel.

The original actions reportedly sought $300 million.

Floridians: Don’t Take Your QDROs for Granted If You Are Entitled to Share in Your Ex’s Pension

Janet Langjahr — Thu, 14 Jan 2010 16:07:28 +0000

There’s a relatively easy way and a potentially very hard way to collect a spouse’s share of the other spouse’s pension awarded in a divorce.

The hard way in many cases is to passively wait for the ex-spouse to send it. Perhaps to e-mail, call or text message the ex.

When things get bad enough (arrears mount), to file a motion for contempt.

Time-consuming, costly and aggravating.

Then there’s the easier way.

To have the pension plan administrator just send it directly to the spouse awarded a share.

No begging, arguing, threatening or waiting.

The spouse on the plan never gets their hands on the money and has no opportunity to interfere with collection.

What wondrous mechanism accomplishes this?

Well, in Florida, former spouses receiving checks directly from their ex’s pension plan administrator know they owe their thanks to a “QDRO“, or a Qualified Domestic Relations Order (and the lawyer who advised getting it).

A QDRO (pronounced “quad-ro”) is a nifty order that a judge signs as part of the divorce.

Although QDROs can be somewhat complex and may cost some money, for the spouse who is not directly on the pension plan, the return on investment can be huge … and the other spouse may well be required to bear the associated expenses.

To appreciate what the big deal is about a QDRO, you’d probably have to talk to someone living in one of the five states that do not recognize QDROs.

Such as Kentucky.

One woman, waiting for her share of her husband’s pension benefits, has instead seen him jailed twice rather than send her her court-ordered share. And still she only receives her share long enough for him to “get out of jail”.

But Kentucky legislators are working on implementing (sadly, reinstating) recognition of QDROs in Kentucky.

Husband Held in Contempt for Violating Injunction or Restraining Order Intended to Protect Marital Assets Until Property Division Settled

Janet Langjahr — Tue, 12 Jan 2010 04:43:54 +0000

Minnesota Husband and Wife divorce.

Court ends marriage without yet addressing all issues in the case.

Court enters an injunction or restraining order prohibiting either spouse from transferring or spending marital assets while property division is still up in the air.

Husband has a substantial 401(k) account in his name.

Husband spends $125,000 from that retirement account, without Wife’s or court’s permission.

Judge holds Husband in contempt of court.

Judge sentences Husband to ninety days’ incarceration, but allows Husband thirty days to replace the funds and thus avoid jail.

Judge also orders Husband to pay Wife’s attorneys’ fees. Either way.

Thirty Days of Domestic Violence Leading Up to the Holiday Season

Janet Langjahr — Mon, 11 Jan 2010 04:07:13 +0000

During a thirty day span between November and December, domestic violence resulted in eighteen deaths in the state of Oregon, including children. The killers all committed suicide when they were through.

Oregon is appointing a special domestic violence prosecutor and working to improve statewide services in domestic violence situations.

Government commentators made the following observations after this run of violence.

Shelters and related services are not adequately funded relative to need
Child welfare agencies must work in conjunction with domestic violence services providers
Domestic violence carries over into victims’ workplaces and
Abusers’ access to guns is lethal

It is hoped that these insights will translate into more effective strategies and better outcomes.

Lesson Learned From Case of Child Abducted to Brazil and Retained for Five Years: An International Convention is Only As Good as Its Enforcement Mechanism

Janet Langjahr — Sun, 10 Jan 2010 04:17:40 +0000

Brazil is a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Yet it took nearly six years and massive political and legal effort to secure the return to this country from Brazil of a little American boy abducted by his mother … who died over a year ago.

That boy reportedly was far from the only American (or other non-Brazilian) child abducted to Brazil.

On the other hand, India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Yet, in a recent case there, the Indian Supreme Court ruled that an Indian Wife who had been permanently residing in the UK with her Husband and their child, must return to the UK with their child for custody proceedings there.

Ultimately, the adverse impact of Brazil’s conduct on future trade with the US may have propelled Brazil to finally send the boy home.

Now, a Congressman from that boy’s home state, New Jersey, has introduced legislation intended to promote enforcement of the Hague Convention by appointing an official to monitor compliance and to empower the government to impose sanctions for noncompliance.

An international network of judges is also communicating in the hope of facilitating timely returns of abducted children.

Social Networking: It Just May Be A Little Too Friendly

Janet Langjahr — Fri, 08 Jan 2010 23:35:30 +0000

These days, lots of people reportedly spend lots of time on so-called social networking sites.

What are they up to there?

Well, it seems a respectable percentage may be engaging in virtual flirtations … and beyond.

A British divorce website initiated a study of recent American divorces or, more specifically, court-filed papers in US divorce cases.

Well, the study concluded that a rather astonishing twenty (20%) percent of such court filings specifically refer to the social networking website known as “Facebook” as a cause of the breakdown in the marriage!

The study encompasses 5,000 divorce cases in the US.

And, although Facebook is the leading reported offender among social networking websites, other social networking websites, including Twitter and MySpace, are not overlooked in court filings either.

The study does not go so far as to attribute any divorces to Facebook (or Twitter or MySpace).

The study also puts out there that divorce attorneys may scour social networking websites looking for “dirt” on opposing parties (which may be useful) … and on their own clients (for damage control purposes).

A divorce lawyer’s work is never done.

Eighty Year Old Man Jailed for Contempt over Alimony Arrearages … Nearly Forty Years After Divorce

Janet Langjahr — Fri, 08 Jan 2010 04:46:21 +0000

Ex-Husband and Ex-Wife are divorced.

Ex-Husband was ordered to pay Ex-Wife alimony in the divorce.

Ex-Husband is in arrears to the tune of $70,000.

Not because of illness or disability or unemployment.

Ex-Husband actually owns several successful businesses and holds roughly one hundred patents.

He’s comfortable.

But Ex-Husband contends that Ex-Wife breached their settlement agreement, in which he agreed to pay Ex-Wife alimony, by abandoning their sons thirty years ago.

And so Ex-Husband refuses to pay the alimony arrearages, out of principle.

Ex-Husband is eighty years old and their divorce took place thirty-eight years ago.

None of the above caused a Georgia judge to hesitate before ordering Ex-Husband to jail.

Wife Seeks Annulment On Grounds That Husband Has Prior Wife, Subsequent Wife, Secretly Converted to a Different Religion and Lied About the Reasons for His Absences from Home

Janet Langjahr — Wed, 06 Jan 2010 04:31:54 +0000

Michigan Husband and Wife have two children together.

Husband is a podiatrist.

Husband works long hours and travels a good bit.

Wife is in counseling over marriage-related issues.

Wife’s therapist suggest that she do some “digging” on Husband, using the internet and phone records.

Wife agrees.

And is shocked by what she finds.

Husband was already married to another woman in another state when he married Wife. They were never legally divorced before his marriage to Wife.

Wife knows Husband as a Protestant.

Wife discovers Husband has secretly converted to the Muslim faith .. and adopted an Arabic name. Husband has also traveled to the Middle East twice on spiritual journeys.

Oh, and Husband married another woman subsequent to his marriage to her … in an Islamic wedding ceremony in Canada.

Husband’s position is that he thought he was divorced from his first wife when he married Wife, and that his third marriage was not formalized but only enacted to spare the bride from having to go through with an arranged marriage against her will.

Wife seeks an annulment.

And this is one of the relatively unusual grounds that would support an annulment in lieu of a divorce, at least under Florida’s law pertaining to annulment.

Child Therapist and Spouse-Partner Tried for Perjury Allegedly Committed in Child Custody Trial

Janet Langjahr — Tue, 05 Jan 2010 04:17:09 +0000

Husband and Wife are divorcing, and each is vying for custody of their Sons.

Sons go to counseling with Counselor, a therapist.

Counselor and her husband (Corroborator), also a therapist, have offices in the same practice and suite.

Counselor testified in the custody trial that Husband yelled at Counselor in rage.

Corroborator also testified in the custody trial, backing up Counselor’s testimony.

It turns out that Husband secretly recorded his conversation with Counselor.

No yelling on the recording.

As a result, Counselor and Corroborator stand trial for perjury.

The family court judge presiding over the custody trial testified against Counselor and Corroborator at their criminal trial!

Yet Corroborator’s patient, presumably a neutral, disinterested third party witness, also testified that Husband was loud in Counselor’s office.

It is unclear whether the recording could have been incomplete or, as Corroborator contends, not legitimate at all.

Jury is hung and mistrial is declared because jury cannot reach a unanimous verdict.

Technically, the state can try Counselor and Corroborator again, but the likelihood is diminished.

Attorney-Mother and Grandmother Apparently Kill Mother’s Two Young Girls (and Then Themselves) to Protect Them From Alleged Molester-Father

Janet Langjahr — Mon, 04 Jan 2010 00:50:37 +0000

California Husband and Wife have two year old and four year old Daughters.

Wife, an attorney, accuses Husband of molesting their older Daughter.

Husband denies the allegation.

Wife files for divorce.

California authorities do not pursue a criminal case against Husband.

Wife and Daughters and maternal Grandmother move from Southern California to Texas.

Wife again seeks prosecution of Husband for the alleged molestation of Daughters.

Husband’s attorney indicates that no experts back up Wife’s allegations against Husband. (Which, if true, is not conclusive.)

California trial court orders Mother to bring Daughters back to California – and indicates that the court plans to award temporary custody of Daughters to Husband’s Sister.

Rather than relinquishing Daughters to Husband’s family and placing them at risk of contact with Husband, either Mother or Grandmother shoots Daughters to death and then shoots the other adult before turning the gun on herself. All are killed.

Although both women have gunshot powder residue on their hands, the weapon is registered to Grandmother and investigators conclude that Grandmother was probably the shooter.

eBay Almost Facilitates Discharging Part of a Child Support Arrearage

Janet Langjahr — Sun, 03 Jan 2010 04:32:33 +0000

Father allegedly owes $37,000 in child support arrears.

Father has the distinction of owning a motorized bar stool.

Father reportedly drives around town, intoxicated, with the bar stool in his car – and is involved in an accident.

As a result, Father is convicted of DUI.

Father then tries to sell his motorized bar stool on eBay, hoping to cash in on its relative notoriety.

Father receives a bid over $1,000 … but the bidder doesn’t follow through and make the payment.

Child support enforcement doesn’t think an auction is such a bad idea for collection purposes though.

The agency seizes Father’s bar stool with the intention of auctioning it off locally, offline, itself.

But was the Agency premature in giving up on eBay?

Re-Surfaced Marital Settlement Agreement Reportedly Paid for Early American Patriot and Revolutionary’s Transportation to America

Janet Langjahr — Thu, 31 Dec 2009 21:35:25 +0000

As we look forward to the dawn of a New Year, a glimpse of divorce and separation in Olde England of yesteryear is revealed.

The 1774 marital settlement agreement between Elizabeth Paine and early American patriot and revolutionary Thomas Paine was rediscovered some years ago – in a novel from the period stored in a shop cellar in the UK.

The marital settlement agreement is set to go on exhibit in the new year.

As part of the divorce settlement, the unemployed Paine received UK 45 pounds, which reportedly paid for his transportation to America.

Before it’s resurfacing, the document had last been seen in 1892.

There is speculation that the book belonged to Paine’s wife.

This may be an example of how divorce shaped a man’s and a nation’s destiny.

The “Divorce Fair” Makes its North American Debut in Canada

Janet Langjahr — Thu, 31 Dec 2009 03:22:37 +0000

It’s been a couple of years since the World’s First “Divorce Fair” was held in Vienna.

And now they’re working their way closer to home.

Next month, Nova Scotia, Canada will be hosting Canada’s First “Divorce Fair”, an event where those contemplating divorce can hear from legal, financial and psychological professionals serving people going through divorce.

The organizer of the Fair is a (currently nonpracticing) family law attorney from the UK, who now manages the Legal Information Society of Nova Scotia.

She reports that one-third of inquiries directed to the Society pertain just to divorce matters.

And that forty percent of Canadian marriages end with divorce.

The Society’s director believes that too many divorcing spouses are inadequately informed about divorce law though. She hopes that the Divorce Fair will help to make up for that. (Although she recommends that every divorcing spouse consult an attorney about his or her particular situation.)

The two day Fair is divided up based on gender, with the first day being oriented toward men’s concerns and the second day being oriented toward women’s concerns.

Needless to say, it wouldn’t do to have a husband and wife who have not discussed divorce with each other run into one another at a Divorce Fair.

Utah Supreme Court Recognizes Unmarried Fathers’ Rights

Janet Langjahr — Wed, 30 Dec 2009 00:38:24 +0000

Unmarried Utah Mother gets pregnant by Father.

When Son is born, Father’s name is listed on birth certificate as Father.

But Father is in jail when Son is born, so Father doesn’t sign birth certificate.

So Father’s name is removed from Son’s birth certificate.

After about six months in Mother’s care, Son is taken into protective custody by child welfare agency.

Son eventually is placed with a foster family, with whom Son has remained for a couple of years.

Child welfare agency takes steps to terminate Mother’s parental rights.

Father files motion to intervene in that case.

Father fails to undergo a DNA test to prove that he is Son’s biological father before the scheduled trial over termination of Mother’s parental rights.

Then Mother agrees to give up her parental rights to Son.

Son is freed up for adoption under Utah law.

And Utah court concludes that Father lacks legal standing to assert parental rights to Son any longer.

Father maintains that no one ever advised him of the importance of signing Son’s birth certificate or proving his biological relationship to Son via DNA testing shortly after Son’s birth.

Father appeals trial court’s dismissal of his motion to intervene in the case against Mother over custody of Son.

Breaking new legal ground in Utah, the appellate court reverses, and grants Father a hearing to prove that he is Son’s biological father.

All Father wants is the right to obtain pictures of Son and e-mails about his development, which Son’s foster parents were apparently unwilling to agree to.

Father Murders Two of His Children and Their Respective Mothers … While Court-Ordered Not to Possess Firearms

Janet Langjahr — Tue, 29 Dec 2009 04:38:21 +0000

Father has toddler Daughter with Girlfriend.

Father has Other Daughter, also a toddler, with Other Girlfriend.

Daughter and Girlfriend can’t be accounted for.

Then Other Daughter and Other Girlfriend’s bodies are discovered. Shot.

Then, hours later, Daughter and Girlfriend’s bodies are discovered – in Father’s trunk.

A few days later, Father’s body is found, an apparent suicide.

Father has been involved in child support litigation with Girlfriend and Other Girlfriend.

Father has also been unemployed for several months.

Yet another woman had a domestic violence restraining order against Father at the time of his death. That order prohibited Father from having firearms in his possession.

But Father managed to overcome that restriction.

Marriage Truisms … or Myths?

Janet Langjahr — Sun, 27 Dec 2009 04:51:40 +0000

A couple of Vermont sociology professors have challenged the institution of marriage, questioning why gays are so anxious to attain it. Following are some of what they view as myths about marriage – and how they shoot them down.

Marriage Builds Wealth. Then why are the poor least likely to marry? Marriage appeals to wealthier people in the first place.
Marriage is Traditional. The nature of marriage has changed over the years. Marriages for love and romance are relatively new phenomena … succeeding marriage for material and social gain.
Marriage Bolsters Health. Never-married singles are just as healthy as married couples. Divorced people are less healthy though.
Married Couples are More Socially Fulfilled. Married couples are more likely to be isolated from friends and networks, pinning all their social demands on their partner.

In sum, the professors suggest that the truths they have exposed are the reaI reasons behind purposefully declining marriage rates.

From Florida to Ireland: Cohabitation-Alimony Ambivalence Alive and Well

Janet Langjahr — Sat, 26 Dec 2009 04:02:01 +0000

The case is in Ireland. But it rings with familiarity here in Florida.

Husband is a successful broker earning a substantial salary.

Wife is a housewife.

Couple break up. Husband moves out of the marital home.

Trial court orders Husband to pay Wife 137,500 Euros per year as alimony until Wife remarries or dies.

In an early hearing, Wife testifies that she is in a permanent relationship with a Boyfriend and that she is pregnant with Boyfriend’s child.

Wife later recants. And insists Husband can afford the ordered alimony payments.

Husband objects to having to pay alimony to Wife when Wife is now living with her Boyfriend and their common child.

There are indications that Boyfriend is relatively well off.

Wife is receiving a 700,000 Euro home as part of their divorce settlement.

Husband’s appeal is being considered by a British appellate court.

After Five Year Long Court Battle, Parentally Abducted American Boy Finally Returns Home to the US From Brazil

Janet Langjahr — Fri, 25 Dec 2009 00:22:26 +0000

Few international parental child abductions have received as much media attention as this Boy’s abduction to Brazil by his Mother, but that didn’t help much.

His Father has been fighting to get him back home since 2004.

Even after Mother died in Brazil last year, the Brazilian courts still dragged their heels in returning Boy to his Father in the US – despite Brazil being a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Numerous politicians and celebrities have spoken out in support of Father and reached out to their counterparts and contacts in Brazil in the hopes of freeing the Boy.

But none of that helped either.

The President of this country finally called the President of Brazil … but it isn’t clear that that helped much either.

No, what reportedly finally did the trick was Congress holding up a trade deal worth almost $3 billion to Brazil.

And thanks to their astuteness, Father and Son are finally reunited and their flight touched down here in Florida a short time ago.

Whaddya Mean Failing to Pay His Child Support and Getting into Physical Fights with the Mother of His Child Isn’t Neglect?

Janet Langjahr — Tue, 22 Dec 2009 23:48:19 +0000

A New York appellate case illustrates that courts, especially appellate courts, often do not think like ordinary people or, more particularly, share their sensibilities.

In that case, Father doesn’t pay his court-ordered child support (of $50 per month) for Baby, and Father argues and tussles with Mother at her home.

The trial court rules that Father’s behavior constitutes child neglect.

Many ordinary people would agree wholeheartedly.

But, on appeal to the intermediate level appellate court, the higher court reverses.

The appellate court explains that there is no evidence that Baby was harmed by Father’s failure to pay support, and no evidence that the disputes between Father and Mother harmed Baby in any way.

The appellate court does not condone Father’s conduct, of course, but it can’t say Father’s conduct amounted to neglect.

Don’t misunderstand, the Mother and/or Guardian and the child welfare agency do have other legal remedies against Father that they can pursue in court. But an action for neglect is not one of them.

French Father Abducts Boy By Presenting False Mexican Court Orders to Texas Judge

Janet Langjahr — Mon, 21 Dec 2009 00:12:53 +0000

Mexican Mother is awarded custody of Son by a Mexican court.

Wealthy French Father, accompanied by counsel, takes papers that look like official Mexican court papers before a Texas judge, representing that he has legal custody of Son.

The Mexican court papers were reportedly incomplete and misleading.

Apparently, neither Father’s counsel nor the court verified them.

Texas judge enters pick-up order for Son, with a hearing date scheduled for shortly afterwards.

Law enforcement officers pick up Son, who protests vigorously the entire time, to the effect that Father beats him.

Officers ignore Son’s words.

Mother tries to get Son back at airport.

Son refuses to accompany her – out of fear that Father will kill Mother.

Father absconds with Son.

Not for the first time, according to Mother.

Father and Son miss scheduled court date.

Texas court issues warrant for Father’s arrest on perjury and custodial interference.

That was two months ago.

Father allegedly abducted Son to France for two years, reportedly beating him and leaving him unsupervised and denying any contact at all with Mother.

Kansas Man Gets Slap on Wrist for Bigamy and Identity Theft … But Defrauded Wife is Going for Money

Janet Langjahr — Sun, 20 Dec 2009 05:01:17 +0000

Husband and Wife have been married for 22 years.

But that didn’t stop sixty-two year old Husband from marrying another woman who lives in the same rental complex.

Husband is charged with bigamy and identity theft and convicted of the charges.

Husband is sentenced only to eighteen months’ probation.

Husband’s “second wife” may have punished him worse than the law.

She is pursuing an annulment … and compensation for roughly $50,000 worth of jewelry that she alleges Husband took and sold for cash.

Although many unhappy spouses would prefer an annulment to a divorce, the above scenario is one of the few ways that a spouse can qualify for an annulment under Florida law.

Divorcing for … a Child’s Health

Janet Langjahr — Sat, 19 Dec 2009 04:28:07 +0000

Happily married Husband and Wife have Son.

Son is born very prematurely and is plagued by related medical problems.

Son qualifies for free coverage because he is considered “disabled” by reason of his prematurity.

Son has expensive heart surgery and eye surgery.

Son has home nurses while Husband and Wife are at work.

Now, the state is reclassifying Son as no longer disabled.

As a result, Son will lose free medical coverage.

That would likely compromise Son’s medical care.

But there is one other way for Son to retain his free medical coverage:

If his family’s household income decreases due, for example, to a divorce.

So now Husband and Wife are contemplating divorcing … for their Son’s health and welfare.

They wouldn’t be the first Tennesee couple to divorce to hang onto free medical coverage for a child.

The state expects to save between $150 and $200 million by updating classifications of insureds who were disabled only temporarily.

Of course, some of those insureds may still qualify for free coverage by meeting the income qualifications for recipients.

But Husband and Wife don’t.