What the Law Would Giveth, The Prenuptial Agreement Can Taketh Away …

Husband and Wife fall in love and marry.

Wife goes astray and has an affair.

Husband files for divorce.

And is aghast to learn that Wife’s cheating is irrelevant in family court.

Wife is still presumed entitled to half of the marital assets.

In general, Wife’s extramarital activities don’t impact a claim for alimony and spousal support.

Ditto, child support and visitation and parental responsibility.

For some, this is a bitter pill to swallow.

And that’s why infidelity penalty clauses are finding their way into more and more prenuptial agreements.

An adultery clause in a prenup can punish a wandering spouse financially, in regards to both property division and alimony.

Such clauses in an otherwise valid antenuptial agreement will be honored in Florida.

Now that “no fault” divorce is universal in family law across the US, couples are re-introducing the concept of fault in divorce via the prenuptial agreements.

Read more in this [UK] Daily Mail article: New prenup that means partners who stray will lose everything: Growing number of couples opting for infidelity penalty clause in agreements, divorce lawyer reveals .

Share

Years After Divorce Over, Parents Still Fighting Over Custody, Timesharing and Visitation

Michigan Husband and Wife have three Daughters together, aged nine through fourteen. Husband and Wife divorce – in 2009. Child custody disputes are never ending though.

Wife has reportedly leveled allegations of child abuse against Husband. The Family Court has, however, found that Husband has not abused or harmed Daughters.

Nonetheless, Daughters refuse to go to visitation and timesharing with Husband.

Husband files a motion for modification of timesharing, seeking sole custody of Daughters, alleging that Wife has blocked visitation and is alienating Daughters from him.

For their apparent recalcitrant conduct, the Family Court sends Daughters to a juvenile detention boot camp, while it sorts things out.

The Family Court also orders Daughters to submit to medical examinations by their regular pediatrician, as required by the boot camp.

Husband also requests an order for Wife to undergo a psychological evaluation. The Family Court actually does one better, ordering the entire family to have psychological evaluations.

Later the Family Court orders Daughters released from the boot camp and sent to an ordinary camp while it continues to sort things out. The Family Court also orders Husband and Wife to foot the bill.

The Family Court has also tried to intimidate / coax Wife into complying with its visitation orders without having to actually impose incarceration on her … which would potentially result in Daughters’ further confinement in a juvenile facility.

Read more in:

  1. this Detroit Free Press article: Kids in Oakland Co. custody battle to undergo physicals
  2. this Detroit Free Press article: Kids jailed in Oakland County custody case to stay at camp and
  3. this Oakland Press News article: Gorcyca puts gag order on Tsimhoni case .
Share

Mother Driving Toddler Reportedly Keeps Falling Asleep at Wheel in Drive-through … with Drugs and Paraphernalia in Car

Pennsylvania Mother has two year old Son.

While waiting on line at a fast food drive-through, Mother allegedly repeatedly nods off and “taps” the car in front of her. The driver in front of Mother calls law enforcement.

Upon their arrival, police reportedly conclude from Mother’s speech and gait that Mother is impaired. Inside Mother’s car, police find narcotics, marijuana, a glass pipe and … Son, crying, on the back seat.

Law enforcement also discovers that Mother’s driver’s license is suspended.

Mother is arrested on several charges, including DUI, reckless endangerment, drug possession and possession of drug paraphernalia. Mother is confined and Son is taken into child protective custody by the local child welfare agency.

Read more in:

this [Philadelphia] NBC TV 10 news article: Intoxicated Mom Strikes Car at Dunkin’ Donuts Drive-Thru With Child in Tow: Police and

this [UK] Daily Mail news article:Mother ‘high on Xanax and marijuana’ crashes into car at Dunkin’ Donuts drive-thru with her 2-year-old son in backseat

Share

Remember To Collect Your Spousal Social Security Benefits …

Social security benefits by virtue of marriage are an endless source of confusion and are also too often a well-kept secret, or so it may seem. So it bears repeating some key points.

  1. There is no requirement that the recipient satisfy Social Security’s work credit requirements to collect spousal social security benefits.
  2. Spousal benefits are calculated as though the worker-spouse continued working long enough to max out their social security benefits – even if the worker-spouse didn’t.
  3. Spouses seeking spousal benefits should apply as soon as they reach full retirement age. Their benefits will not increase by waiting longer.
  4. Federal employees who receive government pensions don’t pay into the Social Security system and their social security benefits are reduced, possibly to nothing. The same is true for spousal benefits.
  5. If a couple has been married for at least ten years, they are eligible for spousal social security benefit – even if the worker spouse has remarried.

Read more in this Motley Fool article: Social Security Spousal Benefits: 5 Shocking Facts You Should Know .

Share