According to the survey, 56 percent of divorce lawyers have noticed that the tables have been turned on child support payments over the last three years; 47 percent said more women are paying alimony than before. The academy's explanation is that women have made such strides in the workplace that they're earning more than their ex-husbands: "The glass ceiling has been pierced," according to the academy's president-elect.
]]> While it may be true that more women are the major breadwinners in their families, it is hard not to take issue with the academy's claim that women have "really moved up" the financial and corporate ladders. The fact is, women in Illinois still earn 24 percent less than their male counterparts. Nationwide, women earn 23 percent less.Those figures come from the American Association of University Women's annual analysis of the pay gap between the genders. The AAUW asserts that the wage differential is responsible in part for the high poverty rate among single mothers.
The AAUW data shows that becoming a mom can have a negative impact on a woman's wages in the long run. Taking time off after the birth of a child is often an economic necessity for low-income women, because child care costs more than these women earn. Regardless of their economic status, though, women often pay the "motherhood penalty" when they return to the workforce: Employers offer lower salaries to returning moms than they do to other women. There is no equivalent "fatherhood penalty."
We'll continue this in our next post.
Sources:
Reuters, "Divorce courts mirror society as more women pay alimony," Patricia Reaney, May 10, 2012
American Association of University Women, "The Simple Truth About the Gender Pay Gap, 2012," April 2012
]]>As couples are caught up in the emotions of the divorce, they may try to "simplify" things by charging everything -- groceries, car repairs, child care -- to their credit cards. This could be a very dangerous practice. Racking up massive credit card debt can set a person up for financial disaster. The debtor will be forced to make potentially high monthly payments, and high interest rates will make it tough to rid cards of a balance once and for all. Falling behind on this front could affect a person's credit report, too.
]]> A divorcee might choose to borrow money from a friend of family member. That way, he or she won't be subject to high interest rates. And, friends and family are usually more lenient when it comes to repayment.Legal costs can also skyrocket if both sides are stubborn. Husbands and wives should choose their battles wisely to help minimize legal fees. They should not fight over things that have very little value. It's a waste of the attorney's time and the divorcee's money.
A divorcee also needs to make sure they can cover living expenses while the divorce is in process. It's important to estimate how long the divorce will play out and crunch the numbers wisely. If a couple thinks keeping up with important payments could be a challenge, there are a number of options to explore, such as taking out a loan.
According to financial advisers and family law professionals, the key to surviving a divorce financially is to plan ahead. That may also be the hardest thing to do at such a difficult time.
Source: Huffington Post, "Top 5 Ways to Ensure Financial Security During your Divorce," Brendan Lyle, April 23, 2012
]]>The four main actors are three sisters -- Janet, Amy and Mary -- and Janet's husband, Tim. The fact that Tim was Janet's husband came as a surprise to Amy and Mary; the couple wed secretly at the hospital shortly before Janet died of cancer. Her sisters claimed the marriage was improper, that Janet had been incapacitated at the time and that she had been the victim of fraud.
]]> The court said that the evidence did not support the mental capacity claim. The court noted, too, that Janet and Tim had been together, off and on, for 13 years. Their relationship cannot have been a surprise, especially since Janet was living with Tim right before her last hospital stay.The last problem with the claim was that the sisters actually couldn't make it. To make a claim in court, a party must have "standing." Essentially, a plaintiff must have suffered harm at the hands of the defendant or have permission under the law (a mother may sue on behalf of her 10-year-old son, for example, because there is a specific statute that says she can).
According to the appellate decision, Amy and Mary did not have standing. In that state and in Illinois, only the parties to a marriage can petition for an annulment; in some cases, as in a lack of capacity case, the legal representative may petition. The law in their state specifically forbids third parties (that is, someone who is not the husband or the wife) to petition for an annulment claiming the marriage was fraudulent.
So, as far as the estate was concerned, Tim was Janet's surviving spouse. Amy and Mary could not prove mental incapacity, and they could not prove fraud. Because they were claiming fraud, they could not petition for an annulment.
Now, in Illinois, an annulment is no longer an option if one of the partners is dead at the time of the petition. The sisters never would have filed the claim.
Source: Courthouse News Service, "In-Laws Can't Annul Deathbed Wedding," Jeff D. Gorman, April 27, 2012
]]>Family law reflects the values society shares regarding how people who are related should treat each other. Probate and estate planning deal more with how people should treat each other when they are incapacitated or after they are gone. Our main focus is family law, and it is important to remember that family law differs from state to state. Many states have adopted uniform laws and standards -- the best interest of the child standard, for example -- but couples are married by the state, and marriages are dissolved or invalidated by the state.
]]> In Janet's state, the courts presume that a marriage is valid. To prove otherwise, a party must present clear and convincing evidence; the court must find it highly probable that, based on the petitioner's argument, the marriage is invalid.In Illinois, the burden of proof is a little lower: The court must find that the marriage is invalid by a preponderance of the evidence. It must be more likely than not that an annulment is proper.
Amy and Mary claimed that Janet had been mentally incompetent at the time of the marriage and that annulment was proper because the marriage was fraudulent. The court found that Amy had undermined her own argument. Amy arranged for Janet to sign a durable power of attorney the day after the secret wedding took place. The attorney present attested that Janet was of sound mind. The sisters did not meet the clear and convincing threshold.
That wasn't all, though. We'll finish this up in our next post.
Source: Courthouse News Service, "In-Laws Can't Annul Deathbed Wedding," Jeff D. Gorman, April 27, 2012
]]>In this case, we have been referring to the sisters as Janet, Amy and Mary. When Janet died following a long battle with cancer, her sisters discovered that she had secretly wed two weeks before she died. Janet and Tim married in the hospital; a minister officiated, and a nurse and another man were witnesses. Amy and Mary petitioned the court to annul the marriage as soon as they found out, though court documents shed no light on the cause of the animosity between Tim and the surviving sisters.
]]> In most states a marriage can be annulled or invalidated only under certain circumstances. Lack of capacity is one such circumstance. If one party was mentally incapable of consenting, or too ill to consent, an annulment would be appropriate. Being drunk or drugged can also render someone incapable of consent, as can fraud or duress. Someone who has been tricked into marriage can have the marriage invalidated.The lower court denied the petition. The appeals court did the same. The courts made two arguments against the annulment.
And we'll go into those in our next post.
Source: Courthouse News Service, "In-Laws Can't Annul Deathbed Wedding," Jeff D. Gorman, April 27, 2012
]]>We have changed the names out of respect for the family. The three sisters are now Janet, Amy and Mary.
One night toward the end of October 2009, Janet lay in hospice, dying of cancer. She had been fighting cancer for more than a year. She had entered the hospital a few days earlier; her health had deteriorated to such a degree that her care team moved her to hospice the day before these events.
]]> Her sister Amy was visiting that night. Amy later said that Janet was heavily sedated and hallucinating, "in and out of it." Amy eventually went home.The defendant in the case -- we will call him Tim -- arrived shortly after Amy left. Late at night, a minister married the two. Janet's nurse and another man witnessed the ceremony. No one said anything to Janet's sisters or mother.
Janet died about a week later. It was then that Amy and Mary discovered that Tim and Janet had gotten married.
The court record does not include why Amy and Mary objected to the marriage, but they did. They petitioned the court for an annulment. (In Illinois, the term is invalidity of a marriage.) They claimed that Janet lacked capacity to consent, that she was mentally unstable and that the marriage was fraudulent.
We'll get into more of the annulment in our next post.
Source: Courthouse News Service, "In-Laws Can't Annul Deathbed Wedding," Jeff D. Gorman, April 27, 2012
]]>The couple eloped in December 2006, right after he was released from prison. He had been serving a sentence for a charge of attempted murder; he was convicted of the crime when he was just 17. A few months after the wedding, Hudson won the Academy Award for Best Supporting Actress for "Dreamgirls."
]]> On October 24, 2008, less than two years later, the sisters' 57-year-old mother and 29-year-old brother were discovered shot to death in the Chicago home shared by mother and daughter. The boy was missing. Several days later, officers discovered his body in a car; he, too, had been shot to death. Ultimately, the husband was charged.According to news sources, the couple's relationship had been rocky from the start. He had started seeing other women, one in particular, and shortly before the murders she asked for a divorce. During the separation, she started dating someone new.
Prosecutors believe the defendant visited his estranged wife's family home and became enraged when he saw a balloon bouquet. He assumed it was from his wife's new boyfriend. He shot the older woman and his brother-in-law and left with the boy in his brother-in-law's SUV. Later, he shot the boy, too.
Hudson's sister filed for divorce when the defendant was in jail. Although he is represented by an attorney for the criminal matter, he wrote to the court that he did not have legal representation for the divorce. He wrote, too, that he did not object to the divorce and explained the delay in sending his response to the petition.
The trial will continue this week. The prosecution will continue to paint a picture for the jury of marital problems that went terribly wrong.
Source: Huffington Post, "William Balfour Confessed To Killing Jennifer Hudson's Family, Suspect's Mistress Claims," Associated Press, April 28, 2012
]]>As we discussed in our last post, the boys' father purchased the tickets under an assumed name. He also reportedly told other passengers that his wife was dead -- another lie.
]]> The truth was that the boys had been visiting their father over the Easter holiday. When he and his wife, very much alive in April 1912, had separated, his wife was awarded full custody. With the boys in tow, he visited Monte Carlo and traveled to England. There, he obtained three tickets under the assumed name and boarded the Titanic.When no one claimed them, and they could not identify themselves to anyone, the boys made headlines. Newspapers published multiple stories that featured pictures of the brothers; eventually, one article made its way to their mother. She made her way to New York, and the family was reunited on May 16, 1912. They sailed back to Europe a few days later.
The older boy remembers his father's last words. "My child," the father said, "when your mother comes for you, as she surely will, tell her that I loved her dearly and still do." He added, "Tell her I expected her to follow us, so that we might all live happily together in the peace and freedom of the New World."
Source: The Daily Mail (UK), "The Titanic Orphans: Two brothers put on last lifeboat by father who died in disaster," Kerry Mcqueeney, March 25, 2012
]]>Move over, Jack and Rose. This story is more dramatic than anything we could imagine. The boys, age 2 and 4, were the last two passengers put on the last life boat that left the ship (collapsible D). Their father didn't make it. The boys were the only children rescued without a parent or guardian.
]]> When they reached the Carpathia, they could not identify themselves to anyone. They were French and neither spoke nor understood English. The press dubbed them the "Orphans of the Titanic." A Frenchwoman cared for them while the press and authorities searched for family members.It complicated matters enormously that their father had purchased tickets under a false name. He reportedly told his fellow passengers (in second class) that he was a widower heading to the U.S. to start a new life. He let the children out of his sight just once, for a poker game.
The truth was that their mother was alive. She lived in France at the time, and she had no idea her children were on the Titanic.
To be continued.
Source: The Daily Mail (UK), "The Titanic Orphans: Two brothers put on last lifeboat by father who died in disaster," Kerry Mcqueeney, March 25, 2012
]]>Not long ago, Illinois lawmakers passed a law that recognizes the legal right for parents to request "virtual visitation" time. The advent of technologies, such as video chatting, has made it possible for non-custodial parents who do not live in the same city as their children to spend quality time with them. If a family falls into this situation, a family court judge can allot virtual visitation time as they would any other aspect of a custody and visitation arrangement.
]]> The National Center for State Courts released a study showing that 18 million American children have separated or divorced parents. Additionally, the survey indicated that about three of every four single mothers relocate within four years of separating or divorcing. This puts millions of children in a situation where they probably do not have regular in-person contact with their non-custodial parent. This is exactly the type of case in which virtual visitation time could be appropriate.Of course, the most important aspect in creating any custody or visitation arrangement is preserving the best interests of the children involved. For numerous Illinois families, the law has granted more options to make visitation possible in spite of geographical limitations.
The reality is that, in many cases, children benefit from having exposure to both of their parents, so hopefully couples attempt to work together in order to make an agreement that is beneficial for all involved parties. In cases where parents cannot come to an agreement over custody and visitation, a family law judge will determine the best possible arrangement, which could include virtual visitation time when applicable.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>The mother admitted in court that she had run a brothel for two decades. During that time, she used drugs and drank, she said. But, the 52-year-old testified, she is done with that life. She no longer uses drugs or drinks, and she has returned to school (she wants to be an addiction counselor). Finally, she said an inheritance affords her considerable financial stability. She will never have reason to resort to the sex trade again.
]]> Police raided the woman's west suburban home in December 2010. It was then that authorities took the two girls, now ages 3 and 9, into custody. They have been living in foster care ever since.Authorities -- including the girls' social worker and court-appointed guardians -- argue that the woman's parental rights should be revoked. The girls should stay in foster care, they say, for a number of reasons. First, there is evidence that the woman did not shield the two girls from the sex trade, as she claims. Second, the woman's 16-year-old biological daughter helped to manage the business, a fact that, for them, says she is not fit to be a parent.
While they say she hasn't made enough progress toward being a responsible parent, she claims she knows herself much better now. She had an enormous ego and very low self-esteem, she told the court. In the past year or so, she has grown "ethically and morally" and is certain that she is ready for her girls to come home.
The woman and the social worker disagree about the children's wishes. The judge will have to decide if he wants to meet with the older girl to learn more. He will make that decision by April 27.
Source: Chicago Sun-Times, "Convicted madam tears up testifying about adopted daughters being taken away," Kim Janssen, April 12, 2012
]]>It's easy to forget that celebrities have financial ups and downs. Shutting down a tour or having an investment portfolio go south -- think of all the celebrities who lost money in the Madoff scandal -- can send even the most famous and successful star into bankruptcy. As we said in our last post, though, bankruptcy does not clear past, present or future child or spousal support obligations.
]]> In bankruptcy, support payments to children and ex-spouses are considered unsecured debt. Secured debts are things like a home mortgage or a car loan. Unsecured debts are things like credit cards and medical bills. It's easier -- though not infallible -- to think about secured debts as being stuff a bank can repossess. A bank cannot take back medical care or your children to cover what you owe.Some unsecured debts have priority over others. Generally, alimony and child support payments are high-priority debts. So, a man's child support payments will be at the top of the list in a Chapter 7 bankruptcy and must be included in a Chapter 13 repayment plan.
This is not meant to be a thorough review of the bankruptcy law and child support or spousal maintenance. The relationship between bankruptcy and family law is complicated, and it can vary from state to state. If you are considering bankruptcy, it's wisest to consult with a family law professional -- as Sapp has surely done -- before making any decisions. If your ex is considering bankruptcy, talk to a family law professional about your rights.
Sources:
SunTimes.com, "Warren Sapp files for bankruptcy; assets include 240 pairs of Jordans," Associated Press, April 9, 2012
FindLaw.com, "Child Support and Bankruptcy," accessed April 9, 2012
]]>Sapp listed assets of $6.45 million in his bankruptcy filing. His average monthly income is roughly $115,000. With his television contract scheduled to wrap in August, Sapp may be facing a reduction in income. In fact, he petitioned a family court in February to lower his monthly maintenance and support payments based on his changed financial circumstances.
]]> Bankruptcy filings include the particulars of a debtor's assets, and Sapp's will likely be reported for some time to come. His 240 pairs of Jordan athletic shoes are valued at approximately $6,500. He owns a lion skin rug that's worth $1,200. He has a $2,250 watch, too.What's important to remember, of course, is that generally personal bankruptcy -- either chapter 7 or chapter 13 -- does not wipe out child support or alimony obligations. Sapp will probably be responsible for both the amount he hasn't paid and the amount he must pay in the future.
We'll get into that more in our next post.
Source: SunTimes.com, "Warren Sapp files for bankruptcy; assets include 240 pairs of Jordans," Associated Press, April 9, 2012
]]>For a handful of entrepreneurs in the U.S. and in Europe, all of that change could use some support. And what better way to build a support community than to hold a divorce expo?
]]> Expos have shown up in a few American cities so far, but the future of the events is uncertain. With offerings from the serious (financial planners) to the silly (hair stylists), these expos have given people who have recently divorced or who are in the midst of a divorce multiple opportunities to learn and to network with their peers.There are critics, of course, and some strongly object to the concept of a divorce expo. The idea, they say, promotes divorce when society should be focusing on helping couples restore their marriages. A policy fellow at a conservative think tank said he was not comfortable with the idea of moving divorce away from being a legal procedure and toward being an industry.
But attendees said it was a relief to be part of a group, instead of an outsider or a stereotyped. The legal aspects of a divorce are one thing, said a recent divorcee, but building a good relationship with your ex and creating a healthier environment for the kids are quite another thing.
Too, there is the opportunity for renewal and, for some, a return to being the person you were before you got married.
Source: Wall Street Journal, "Divorce Enters Expo Age," Sumathi Reddy, March 28, 2012
]]>A Wall Street Journal article highlighted one recent expo on the East Coast and referred in passing to another in the Midwest. The organizers of the featured event were divorce mediators whose work and personal experiences inspired them to pull the expo together.
]]> They were eager to address common misconceptions about the project. The idea was not about promoting divorce or providing a dating service for divorcees. The purpose was to build a community for people who have been through a divorce and need support and guidance to navigate their post-divorce lives.Like all good expos, "Start Over Smart" featured seminars, workshops and exhibitors. The seminars featured financial planners, family law attorneys and other professionals as well as a celebrity hair stylist. Yes, there was a dating workshop, but there was also a session on re-entering the workforce.
The divorce rate has been steady-to-declining for the past 20 years, but it looks as if the "divorce industrial complex" is taking off. Divorce spas and divorce boot camps are popping up all over the country. It looks, too, as if this upward trend is tied to the increasing momentum of the self-help movement.
The concept is not universally applauded, though. We'll discuss that more in our next post.
Source: Wall Street Journal, "Divorce Enters Expo Age," Sumathi Reddy, March 28, 2012
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