Middle-Aged Wife in Long Term Marriage Ordered to Pay Alimony to Husband with MIT MBA, Despite Disabled Adult Child Requiring Care and Support

Husband and Wife divorce after twenty-eight years of marriage.

Husband and Wife have an autistic adult Son. Wife assumes responsibility for Son.

In all the time that they were married, Husband reportedly only worked about seven years, even before Son’s birth. Despite having an MIT MBA – which Wife helped pay for.

In the divorce, Husband is awarded half the marital assets. This includes a house.

Husband is also awarded monthly alimony of $2,000.

Wife, like so many husbands before her, resents having to pay alimony.

But, more than that, Wife feels that that money would be put to better use for Son’s care.

Because Wife has to pay alimony, Wife, at 56 years old, will have to borrow money to pay for Son to attend college.

And when Son finishes college, Husband may seek additional alimony.

For his part, Husband believes he is entitled to more alimony … since he “stayed home” with Son.

Read more in this Boston Globe article: Mother of disabled son must pay ex-husband.

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Is Government Agency Which Takes Child Into Protective Custody Legally Responsible for Timely Filing Private Lawsuits Asserting Child’s Rights to Damages?

UK Father shakes baby Daughter.

As a result, Daughter is left severely disabled.

Daughter is taken into child protective custody by County.

County sues for compensation on Daughter’s behalf … two years later.

Due to the delay in bringing suit, the recovery on Daughter’s behalf is a fraction of what it would otherwise likely have been.

Now Daughter sues the County for 4 Million Pounds UK.

The County argues that it has no responsibility to sue on Daughter’s behalf.

Daughter’s attorney argues that in taking Daughter into protective custody, the County assumes the role of parent and must exercise parental responsiblity.

Read more in this [UK] BBC News article: Injured girl sues Oxfordshire County Council for £4m.

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Woman Who Reportedly Beat a Child to Death is Granted Limited Visitation and Timesharing With Her Baby, But Not Her Six Year Old

Texas Father has a five year old Son. Father leaves Son with his Girlfriend, who is not Son’s mother.

Son dies after reportedly being beaten by Girlfriend while in Girlfriend’s care for a week.

Girlfriend is charged with injury to a child.

Girlfriend has a Baby and six year old Daughter.

Girlfriend is not allowed timesharing with Daughter.

But Girlfriend is allowed two hours of visitation per week with Baby.

Son is one of two hundred children in Texas who die from abuse and neglect each year.

Texas’ child welfare agency offers warning signs that should tip adults off to neglect or abuse of children and the need to make a report to the child abuse hotline.

Read more in this Austin [TX] KVUE ABC TV news article: Woman arrested for abuse allowed visitation and How to Recognize Child Abuse .

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Mother Charged With Felony Nonsupport for Allegedly Failing to Pay Her Child Support Obligations

Missouri Mother and Father have two Children together.

Children live with Father.

Mother is ordered to pay child support of $325 per month for the Children.

Mother is allegedly behind in her child suppport payments … by a full year’s worth of payments.

A summons for Mother’s arrest on two counts of nonsupport has been issued.

These are felony charges.

If convicted, Mother may be sentenced to as long as four years in prison, as well as a fine of $5,000 for each count of nonsupport.

Read more in this Marshall [MO] Democrat-News article: Marshall woman accused of failing to pay child support.

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Child Welfare Agency May Not Privately and Informally Furnish Oral Case Summaries Directly to the Court for Use in Temporary Child Custody or Visitation Rulings in Juvenile Dependency Cases

Juvenile dependency cases are cases generally brought by the state on behalf of children believed by the state’s child welfare agency (Agency) to be abandoned, abused or neglected.

In preparation for such cases in Massachusetts, courthouse personnel routinely call the Agency to obtain directly, privately and informally a brief verbal account of the contents of the case file.

Leaving behind no record of what the Agency reports to the court.

And, effectively denying parents and other participants in the case the opportunity to challenge or otherwise address the Agency’s account before the Court relies on it in ruling on temporary custody and visitation for the children involved.

In an important recent ruling, the Massachusetts Supreme Court has struck down this procedure as an unconstitutional violation of parents’ rights to due process (fairness).

Massachusetts family courts may no longer follow their well-established procedure.

The Supreme Court has rule that the family courts may, however, develop a new procedure and submit it to the state’s highest court for review and approval prior to implementation.

Read more in this Springfield [MA] Republican news article: Court ruling regarding child-custody cases in Massachusetts hailed as victory for parents.

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American Child Returns from Mexico After Five Year Legal Battle Under the Hague Convention on the Civil Aspects of International Child Abduction and Mexican Law

California Mother and Father have Son and Daughter (together, Children).

Father is sentenced to jail.

Mother is struggling financially.

Father’s mother (Grandmother) comes from Mexico to visit Mother and Children.

By agreement with Mother, Grandmother takes the Children back to Mexico for about six months.

Grandmother sends Daughter back early.

But, at the end of the six months, refuses to return Son.

Grandmother files in Mexico for legal guardianship of Son, and cuts off contact with Mother.

Mother reports Son as abducted to authorities in California, and files a proceeding for Son’s return to the US under the Hague Convention on the Civil Aspects of International Child Abduction.

California and US government officials meet with their Mexican counterparts.

The Mexican trial courts rule that Son should be returned to Mother in the US.

But Grandmother does not comply … and files appeals and civil rights cases to stall the conclusion of the case.

Seven years after Son’s arrival in Mexico, Mother and Daughter go again to Grandmother’s home. They finally get to see Son after all those years.

Grandmother agrees to allow Son’s return.

Son arrives back in the US on the Fourth of July.

Read more in this Woodland [CA] Record article: Boy reunited with family after prolonged Hague process.

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Multi-Millionaire Serves Time on Domestic Violence Charges, Probation Violation and Plea-Bargained Charges of Conspiracy to Dissuade a Witness from Testifying and Soliciting a Crime

Husband and Wife and their two Sons are wealthy.

They lead a lavish livestyle.

They travel on private planes.

Live in several multi-million dollar country club homes.

They spent $20,000 on a single dinner in Las Vegas.

And they are going through a divorce.

A nasty one at that.

At trial in family court, both testified to the other’s acts of domestic violence, substance abuse and cheating. And each rejected the allegations made by the other.

Not so different from many divorcing couples of lesser wealth.

Except Husband is now in jail, having pleaded no contest to avoid charges of soliciting murder of Wife by fellow inmates from when he was incarcerated on domestic violence charges.

Husband allegedly did not want Wife to testify against him for violating probation in his domestic violence case.

Husband served time for violating his probation.

Husband is now serving a sentence of six years’ confinement on conspiracy and solicitation charges.

Husband contends that Wife is just looking for an advantage in their divorce case, which was not yet ruled upon.

But other inmates corroborate Husband’s guilt in connection with their own plea bargains.

Husband describes his imprisonment as a “nightmare”.

Wife describes her life of constant fear similarly.

And some people mistakenly believe that domestic violence is restricted to poor people.

Read more in this Contra Costa Times article: Diablo couple’s life of luxury ends in messy divorce, husband accused in murder plot

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One Way to Win Custody May Be By Misleading the Court, Based on One Father’s Case

Mother has a Son.

Mother is unable to parent Son adequately.

The two most likely biological fathers undergo DNA paternity testing.

Mother’s parents, Grandparents, obtain sole custody of Son from his birth, reportedly by repeatedly testifying in Court that Son’s father is “unknown”.

But the testing shows that Father is Son’s father.

The California family court later rules that Father should have custody of Son.

But, three years have gone by and Son is still with Grandparents as a result of Grandparents’ initial alleged fraud.

Grandparents deny knowledge of Father’s paternity at that time, even though the test results were available online (by identification code rather than name). Their attorney maintains that they saw only the other possible father’s negative test results.

Read more in this [Bakersfield, CA] KGET TV 17 news article: Couple retains child custody after court ruled they obtained custody by fraud.

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I’m Filing for Divorce: My Spouse Has Attention Deficit Hyperactivity Disorder

Research indicates that people afflicted by Attention Deficit Hyperactivity Disorder, popularly known as ADHD, are two times more likely than other people to be divorced. Fully sixty percent of their marriages are in trouble.

How come?

In a nutshell, they don’t pull their weight in a marriage.

They don’t attend to things that need to be attended to.

They miss appointments.

Break commitments.

Forget about drop offs, pick ups.

Leave their spouse feeling ignored, neglected, unappreciated, unloved.

Their spouses come to feel that they cannot depend on them.

Some liken being married to their spouse to having another child to care for.

Eventually, this can breed resentment, anger and frustration in the spouse who doesn’t have the condition.

The spouse with the condition, feeling overwhelmed, may retreat or withdraw.

Four percent or more of adults suffer from ADHD. Many people don’t even know they have it.

Before giving up on their marriage, couples might wish to explore implementing coping strategies.

For example, one researcher and author reports getting very good results with priority-sorted flash cards, each listing just one task she needs her husband to attend to.

Read more in this New York Times piece: Attention Disorders Can Take a Toll on Marriage

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Fathers Complain That Visitation and Timesharing Orders Aren’t Enforced as Vigorously as Child Support Orders

Ohio Father and Mother have Daughter.

Father and Mother divorce.

Father is awarded visitation and timesharing.

Father is behind in his child support payments.

Mother allegedly withholds timesharing since April.

Father, who has served time for nonpayment of child support, questions why child support orders are enforced with jail, but visitation orders aren’t enforced at all.

More likely, the parents trying to enforce timesharing orders are not going about it the proper way to obtain results under the law. Generally, that will be a contempt proceeding initiated by a motion for contempt.

Under Florida law, timesharing is separate and independent of payment of child support.

Read more in this Cleveland Plain Dealer article: Child visitation rights go unenforced, fathers complain.

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