Yet Another Demonstration That Domestic Violence Isn’t Confined to Lower Income Individuals …

Father has four daughters by more than one woman.

Father is arrested for beating his third wife, with a bed post – while she is seven months pregnant.

Father takes a plea bargain and is sentenced to probation only.

Father is also granted only supervised visitation and timesharing with their children together.

In addition to Father’s abusive behavior, it is alleged that he has also driven their children in his vehicle while he was under the influence of alcohol.

Now Father is accused of beating his fourth wife.

The mother of the children with whom father has supervised visitation seeks to terminate his timesharing with their children.

Father goes her one better and agrees to terminate his parental rights.

Who is this Father / Husband, with this history of domestic violence and substance abuse?

Father is a Texas medical doctor. The owner of a surgical clinic with multiple locations.

Father’s medical license is reportedly revoked due to illegal drug use.

Read more in this Houston Chronicle article: Ex-hand surgeon forfeits parental rights to 2 kids.

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Multi-Billionaire Off the Hook for $134 Million in Additional Child Support

California Mother and Father, never married, have two Children.

After Mother and Father part company, Children, now legal adults, sue Father for child support for the period since Mother and Father separated.

The amount? In round numbers, $134 million.

After all, Father is a billionaire, in fact, a multi-billionaire. And all Father paid in child support was a measly $3 million.

Children argue that is far less than the court would have awarded had Mother and Father gone to court in the first place. Only they didn’t go to court in the first place.

They allegedly reach an amicable agreement while they were still seeing each other.

Father shows a jury that Father supported the Children in grand style, paying for grad school and giving them luxury cars once they had their licenses.

After a trial to a jury, the jury took Father’s view of the case: enough is enough.

Read more in this Southern California Public Radio KPCC 89.3 news article: Irvine billionare Donald Bren’s adult children fail to win back child support and this Calgary Herald article: Jury sides with billionaire on child support.

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Who Gets the Retirement Savings in Divorce?

According to a recent study, women have far less retirements savings invested in IRA accounts than men.

Women are both less likely to have IRAs, and likely to have less money deposited in any IRAs they do have.

There are several reasons for these statistics, including that women are more likely to be out of the workforce during childrearing years and, therefore, without earned income entitling them to make deposits toward retirement.

In light of these statistics, it bears repeating that:

  1. Under Florida law, pensions and other retirement accounts accumulated by either spouse during a marriage are marital property and are subject to property division in divorce. If a retirement account was opened prior to marriage, the portion of the account accumulated during the marriage is still considered marital property.

  2. A divorced alimony recipient responsible for the income taxes on his or her alimony may contribute to an IRA because of their alimony income, even if they don’t have earned income.

Read more in this Forbes commentary: Women Need To Play Catch-Up With IRA Savings.

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Italian Wife and Husband in Georgia Dispute Child Custody Jurisdiction

Italian Wife, American Husband and their five year old Son live in Georgia.

Husband is arrested for domestic violence.

Wife takes Son back to live in Italy.

Wife files for divorce in Italy, where Wife and Husband were married.

Husband challenges jurisdiction in Italy, and files for divorce in Georgia.

Georgia family court awards Husband temporary custody of Son.

Italy grants Wife a divorce, and awards Wife custody of Son.

Georgia divorce court holds that Italy has jurisdiction and dismisses Husband’s divorce case in Georgia.

Husband appeals the Georgia divorce court’s dismissal of his case.

Even where the courts of a jurisdiction may exercise jurisdiction, they may also decline to exercise jurisdiction.

In ruling on jurisdiction, the Court may also consider domestic violence and likelihood of harm to the child.

A ruling from Georgia’s appellate court is not expected for months.

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Woman Collects Child Support … Without Having a Child … And Gets Arrested

A Washington state Woman has successfully managed to collect child support.

No mean feat, considering that she doesn’t even have a child.

She reportedly deceived the Man who paid her the “child support” into believing that she was pregnant with his child.

It seems the Woman may have falsified an initial home pregnancy test which gave a positive result.

Within a month, however, further pregancy tests gave negative results … which she failed to disclose to the Man.

In fact, she allegedly repeatedly maintained the falsehood before the Seattle family court.

And collected about $3,500 in “child support” before the Man got wise to her.

But at least he did catch on before paying the roughly $10,000 hospital bill.

The Woman has been charged with theft, perjury and forgery.

Read more in this KOMO 4 TV news article: Not guilty plea in fake pregnancy case.

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West Virginia Statute Fills Void By Conferring Authority on Temporary Caregiver to Consent to Medical Care for Child in Their Care

The time arrives for Father’s court-ordered bi-weekly timesharing, a full weekend with Child.

Father’s parents (Grandparents) pick Child up at Mother’s home.

Father is often delayed at work.

Assuming that Father will have Child, Mother departs on her planned weekend trip out of state.

Actually, Father is not at work. And he will not have Child either. He is away for the weekend too.

Grandparents anticipate having and spoiling Child for an entire weekend.

On Saturday, though, Grandparents and Child are involved in an accident.

Child requires surgery.

Hospital requires parental consent.

Both parents are out of state, however, … and cannot be reached.

This dilemma plays out all too often.

As well as variations with various other relatives or friends serving as the temporary caregivers.

And other variations where the child’s parents remain at home and the Grandparents (or relatives or friends) take the child away with them on a weekend (or longer) trip.

And injury or illness befalls Child while away from parents.

Whichever variation applies, there is no one available with legal authority to grant consent to medical treatment for Child.

Of course, attorneys can draft documents, which both parents can execute, to delegate authority to temporary caregivers to grant medical consent on behalf of a child.

But this process entails some expense and requires some thought and advance planning and implementation.

As a result, in the event of an unforeseen need for medical treatment for a child, there can be detrimental delays.

But no longer, at least, not in West Virginia.

A new statute there authorizes temporary caregivers to sign an affidavit granting consent to medical treatment for a minor child in their temporary care.

Assuming that you and your child’s other parent have shared parental responsibility:
is your child is ever left in the care of a third party who is not your child’s other parent or a legal guardian of your child, when both you and your child’s other parent will be at a distance and/or incommunicado?

If so, you and your child’s other parent may want to address this potential risk to your child.

If you have sole parental responsibility or ultimate decisionmaking authority over your child’s medical care:
you may want to address this potential risk to your child.

Otherwise, your child’s health and welfare may be subject to statutory provisions that may not give effect to your child’s other parent’s or your wishes.

Read more in this Harrisonburg [VA] WHSV-TV 3 news article: New Law Allows Caregiver to Sign Affidavit for Child’s Care.

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Boyfriend Charged with Murdering Mother’s Toddler, and Child Welfare Agency Puts Boyfriend’s Toddler in Foster Care

Michigan Mother has two year old Daughter and one year old Son.

Boyfriend is the father of Son.

Boyfriend and Mother both reportedly occasionally use drugs in the home.

The child welfare agency investigates Mother’s home twice in recent weeks, but takes no action..

Daughter dies.

Boyfriend allegedly admits pressing his knee on Daughter’s chest, resulting in her suffocation. He reportedly indicated that he was tired of her yelling and crying.

Boyfriend is arrested on charges of murdering Daughter.

Child welfare agency removes Son from Mother’s home, and places him in foster care.

Now Mother accuses Boyfriend of hurting Daughter in the past.

And tries to win back custody of Son.

Read more in this Grand Rapids [MI] Press news article: Watchdog group critical of child welfare workers in case of alleged 2-year-old murder victim Jozlynn Martinez.

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One Community’s Model Approach for Actually Collecting and Enforcing Child Support Payments

When it comes to collecting child support, Pittsburgh seems to be doing something right.

Compared to other similarly sized communities, Pittsburgh has a significantly higher rate of collections of current child support. The area also fares significantly better at collecting past due child support.

One reason cited for Pittsburgh’s support collections success is a program to enroll unemployed parents in job training, so that they can qualify for jobs.

Another reason cited is that the community establishes support payments that are realistic. But, for that reason, enforcement is reportedly strict.

Another local initiative aims to divert parents required to pay support from jobs paying them “under the table”.

Read more in this Pittsburgh Tribune-Review news article: Allegheny County child-support plan hailed

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Schoolteacher and Her Elderly Father Are Arrested in Her Ex-Husband’s Murder

New Jersey Husband and schoolteacher-Wife have a toddler Daughter.

Husband and Wife divorce.

Father has reasonable visitation and timesharing.

Husband and Wife experience conflict over co-parenting, especially Daughter’s diet and sleep requirements.

According to Mother’s attorney, Mother is overprotective of Daughter, insisting on extremely detailed accounts of both during Husband’s timesharing. To get them, Wife reportedly calls Husband two to four, or even more times per day during Husband’s timesharing with Daughter.

Wife plans to relocate to Florida. Husband plans to follow them.

Husband’s and Wife’s settlement agreement requires Wife to provide reduced-rental housing for Husband in Florida for the first five years.

The agreement also requires Wife’s father to help Husband get a new job in Florida, and waives child support until Husband gets a job.

And then Husband is found murdered.

The unlikely suspects?

Schoolteacher-Wife and her businessman-father.

Husband and Wife’s divorce settlement agreement provides that, if either parent dies, the other gets custody of Daughter. Exactly what the law would normally provide without an agreement, or if the agreement were silent on this issue.

Wife and her father are arrested in Husband’s murder.

Read more in this Asbury Park [NJ] Press article: Murder victim, ex-wife were at odds over child.

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Father Goes to Family Court Hoping for Timesharing and Visitation with His Baby Son … Despite Father’s Conviction of a Sex Offense … and New Charges against Him of Exposing Himself to Minors

Father has a five month old Son.

Father seeks visitation and timesharing with Son.

One problem.

Father is a convicted sex offender.

Another problem.

Father is about to be arrested on new charges, of exposing himself to two children.

Although the new charges are misdemeanors, normally punishable by confinement for no longer than a year, the prosecution is seeking an enhancement that could subject Father to incarceration for life.

Father’s parental rights to two other children of his have previously been terminated.

The family court denies Father visitation with Son.

But sets another hearing regarding psychological counseling Father will be required to undergo before timesharing with Son can be considered.

Mother has supervised visitation with Son.

Read more in this Huron [MI] Daily Tribune article: Welshans jailed on charges.

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