US Judge Rules Children Need Not Return to Mexico, Because They Were Not Abducted and Are Now Well-Settled

Mexican Mother and Mexican immigrant Father, living in neighboring Fort Pierce, Florida, have two Children together. The Children, who are eleven and nine, are US citizens.

Mother and Father split up. Mother returns to Mexico, taking Children with her.

Father regularly deposits child support money into a bank account for Mother. The support money accumulates in the account, unspent.

And Father hears worrisome gossip.

Father travels to Mexico to check on Children.

It turns out Mother left the Children with her eighty year old Grandmother … indefinitely. Without visiting them or seeing to their needs.

Children are living in terrible poverty. Daughter is malnourished. Children forage for food in dumpsters.

Grandmother and Father appear before Mexico’s child welfare agency. No one knows how to reach Mother to inform her.

Grandmother gives up custody of Children to Father, who will take them to the US.

Children settle in with Father in the US. Children do not miss Mexico.

Two years go by. Mother files an application for return of the Children to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction.

The US judge hearing the case rules that there was no abduction, because Grandmother agreed to Father taking the Children to the US and the Children are now well-settled. Further, Mother’s action is untimely and barred.

Read more in this Treasure Coast [FL] Palm article: Anthony Westbury: This judge really got it right.

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Tis the Season … For Taxes

Parents are allowed various tax breaks under the Internal Revenue Code.

Some of them deserve highlighting when parents are divorced or unmarried.

  1. Child Dependency Deduction. The early bird gets the worm. The first parent to file snares the deduction. If they were not entitled to it, the other parent will have to prove that to the IRS. Part of the proof will be documentation showing that the parent seeking the deduction provided more than fifty percent of the child’s support

  2. Child Care Tax Credit. The cap on this has increased. Obtain a statement of the amount paid from the provider

  3. Alimony or Spousal Support. The recipent must remember to include alimony in their reported income. The paying parent may deduct it. This is the default tax treatment. The spouses may agree differently.

  4. Adoption Credit. The cap on the credit has been increased.

Read more in this Fox Business News article: Tax Breaks Every Parent Should Know.

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Alimony Reform Gaining Traction in the US

Massachusetts has been struggling with alimony reform for quite some time. Like many states. Including Florida.

In Massachusetts, proposed legislation would limit how long alimony can generally be ordered for, based on the length of the marriage.

It would also protect a second spouse’s income from going to alimony to the former spouse. And end alimony upon cohabitation of the dependent spouse.

It would even permit a spouse to retire out of their alimony obligations.

All of these proposed amendments mirror trends sweeping the nation.

Florida has already passed its own version of alimony reform.

Read more in this Boston Herald article: What would change under alimony reform and this Boston Herald editorial: Antiquated law pure insanity.

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Keeping Divorce Case Costs Down Can Prove Costly

There are many ways that parties and/or conscientious counsel can try to keep costs down in divorce cases in family court (among others). Unfortunately, the legal system often doesn’t make it easy.

And may punish you. Regrettably, economizing can turn out to be very expensive.

The above observations apply in countless situations in divorce courts (and others) throughout Florida, New York, New Jersey (these I can speak to from personal experience). Likely, the world.

Here’s yet another example that just caught my attention.

Husband and Wife are working toward an amicable, uncontested divorce.

They own a marital business.

Husband and Wife agree on a fair market value for the business of $60,000. It’s not clear how they arrive at that number.

But that number underlies their property division, marital settlement agreement and final judgment of divorce.

Several months later, Wife seeks to throw out all three.

She now asserts that the business was worth $172,000, rather than $60,000. A difference of $112,000, half of which, presumably, would be allocated to Wife.

How does Wife arrive at that $172,000 value?

Wife hires an appraiser to perform a limited, qualified valuation – after the fact.

What’s that?

In a nutshell, a limited, qualified appraisal is performed based on strictly limited documentation and inputs.

Why?

Such documentation and inputs are often within the sole control of one spouse, and often may only be obtained through what is called the discovery process in the divorce court case. (Less documentation and inputs requires less expert review and analysis.)

In amicable cases, discovery may be sharply curtailed to contain costs and because there is trust.

In adversarial, contested cases, even where full discovery is desired by the spouse with less knowledge of the finances, it may nonetheless be limited because of the cost in both legal fees and experts’ fees of pursuing it from a spouse who is fully committed to avoiding full disclosure and who likely has the resources to stonewall, dodge, delay, and otherwise drive up the cost and increase delay as much as possible.

In this particular case, it is likely that timely discovery was voluntarily limited. And then, after Wife’s window of opportunity closed (there are rules that bar going back after the fact to do what you could have and should have done at an earlier time), Wife realized she “got took”.

And, likely because of limited information as well as limited financial resources, all Wife could obtain at that point was a limited, qualified valuation. And that just wasn’t good enough to persuade a court to set aside a previously agreed upon valuation, however arrived at.

If Wife’s change of heart was right on, she took a beating in the divorce property division.

She certainly saved legal fees up front by not pursuing discovery timely. And she certainly saved experts’ fees by obtaining only a limited or qualified valuation.

Hopefully, Wife saved enough money in the original case to offset the loss of her half of the difference between the two valuations. (Of course, the qualified valuation may have been low too. That will never be known for certain now.)

Read more in this Business Valuation Resources LLC newsletter article: More problems using preliminary valuations in divorce

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Florida Man Violates Domestic Violence Restraining Order For Police Officer To Hear … Twice

Florida Woman obtains domestic violence restraining order of protection against Man.

Undeterred, Man reportedly calls and sends text messages to Woman repeatedly.

Woman contacts police to report Man’s violations of injunction for protection against domestic violence.

Patrolman comes to Woman’s house.

While Patrolman is at Woman’s home, Man calls Woman.

Patrolman advises Man he is violating domestic violence injunction.

Man excuses his conduct by the fact that he is presently in another state.

Patrolman advises Man that that does not excuse or insulate Man from restraining order.

While Patrolman is still at Woman’s home, Man calls again.

Patrolman again advises Man he is violating the order of protection, and admonishes him against calling Woman again.

Man states he is calling Patrolman, not Woman.

Patrolman instructs Man to call him at police station and not to call Woman’s phone again.

Man is arrested for violating Woman’s order of protection.

Read more in this [Crestview] Northwest Florida Daily News article: Man calls woman twice while she’s reporting him to police.

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