Posted on March 02, 2013 in Child Custody and Support

The Louisiana Department of Children’s and Family Services (DCYF) recently announced the success of a pilot program the agency launched in September 2011, intercepting more than $806,000 in casino winnings  from 599 parents to cover back child support payments. Currently there is more than $1.2 billions in child support that is owed by non-custodial parents.

The program was introduced and passed in 2010 to deal with the growing problem of child support evasion. Any gambling winnings over $1200 are seized and applied to the back child support. There are currently 18 casinos in the state participating in the program. Two days after it went into effect, $1995.40 was collected from a non-custodial father. Other states that have enacted similar casino winning laws are Colorado, Indiana, Mississippi, New Jersey, New Mexico and West Virginia.

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 Posted on February 28, 2013 in Child Custody and Support

Much has been written about couples who are in the midst of a divorce using each other’s social media networking sites against each other. The New York Daily News recently reported about the case of a New York mother who lost custody of her ten year old son because of the disparaging remarks she make about him on her Facebook page, in what some are referring to as a form of “cyber-bullying”.

According to court documents, the parents separated in 2006 and entered into a joint custody agreement for their three children. In 2009, the parents agreed to joint legal custody, with the father having primary physical custody. The mother was to have parenting time one evening per week and every other weekend. The following year, the mother filed a modification to increase her parenting time, which the father objected to. The father also requested sole legal custody of the three children.

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 Posted on February 26, 2013 in Adoption

It’s no longer a secret that Kim Kardashian, whose marriage to Kris Humphries lasted less than three months, is now pregnant with her boyfriend Kanye West’s baby. Humphries has acknowledged that lengthening the time of the divorce could cause stress that may be harmful to the baby, he seems to be in no rush. It is clear, however, that Kim is.

Humphries attorney has claimed that Kim is only using her pregnancy as an “opportunity to gain a litigation advantage,” or she is simply using her pregnancy as an excuse to speed up the divorce since there is a clear due date.

Kim, however, says it’s much simpler than that. “I do not want to be married to [Humphries] when I have my baby,” stated the reality star in a declaration that was filed Jan. 24 in the Los Angeles Superior Court, reported E! News.

As directly quoted by E!, Kim’s declaration states, “Immediately upon it becoming known to the public I was pregnant…I began to see articles in the media with quotes attributed to [Humphries] stating that now that I am pregnant he has ‘got all the power,’ ‘that he is in control of my misery,’ and that is not going ‘to allow’ me to be divorced by the time that I have my baby.”

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 Posted on February 22, 2013 in Adoption

International adoptions by U.S. parents fell 7 percent in 2012, continuing a multi-year decline caused partially by stricter adoption laws, the Chicago Tribune reported on January 24. The number of internationally adopted children dropped from 9,320 to 8,668, with most of the children coming from China than from any other country.

"This is a continuation of a trend," said Adam Pertman, executive director of the Evan B. Donaldson Adoption Institute. "There's no lack of, if you will, demand in this country," he said. "People would like to adopt more children; the issue is whether those children are available. And they're becoming less and less available, and that's what the numbers show."

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 Posted on February 20, 2013 in Family Law

Married couples who share similar drinking habits may get along better than couples where one partner is a heavy drinker but the other is not, according to a new study from Norway. In general, divorce is much more likely to happen in relationships where the usage of alcohol is high. The study suggests that especially in marriages where the wife is a heavy drinker, the relationship is more likely to end in divorce. In marriages where only the wife consumed considerable amounts of alcohol, the divorce rate was 26.8%. But in marriages where only the husband was a heavy drinker, the divorce rate was not nearly as high, only 13.1%.

The researchers speculate that drinking in women upended marriages for gender and cultural reasons. Women are generally more strongly affected by alcohol than men are which may impair them, and add risk in a marriage, more than a husband’s drinking might. In addition, drinking “may be judged as incompatible with female roles.”

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 Posted on February 17, 2013 in Family Law

With divorce becoming such a common occurrence in American society, rates of remarriage, in turn, have surged as well. It seems as if everyone is looking for a second chance at love – or even a third or fourth chance, in some cases. As a recent Detroit Free Press article points out, however, with remarriage comes financial issues that can have serious consequences for couples looking to remarry.

First, if you receive alimony from your former spouse or Social Security benefits based on your former spouse’s records, these benefits will end when your new marriage begins. If these funds make up the bulk of your monthly income, then you and your fiance  will have to decide whether you need to replace that income or if you can do without. Keep in mind, however, that forgoing that income may leave you without any income at all in the event that your remarriage doesn’t pan out as well as expected.

Next, if you have a child in college or looking to go to college in the near future, your new spouse’s income will factor into the calculation for financial aid. If your new spouse makes a substantial income, and you were relying on financial aid to pay for your child’s college education, then you may have to rethink your funding strategy. Your new spouse’s income very well could make your child completely ineligible for financial aid.

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 Posted on February 16, 2013 in Family Law

The U.S. divorce rate has nearly doubled since 1960, according to the National Marriage Project, an initiative of the University of Virginia, and, according to the Wall Street Journal’s Smart Money magazine, the number of legal professionals dealing with divorce has increased accordingly. During the recession, advertisements for ‘quick and easy’ divorce (boasting prices as low as $299 to file) popped up all across the country—yet, according to Smart Money, sometimes this price is just a eye-catcher to get you in the door. While it’s not a scam, these low rates apply for couples that have already decided on the terms of their settlement, which is rare.  

Many of these lawyers who advertise with paper fliers on telephone poles have not proven themselves with a successful track record, and are more likely to end up embroiled in scandal. The importance of hiring a reputable and experienced attorney can't be overstated—lawsuits against family law attorneys increased by more than double in the past two decades. To determine if the lawyer you're interested in hiring has any black marks against his record, always be sure to cross check his firm with the state bar association.

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 Posted on February 14, 2013 in Family Law

There’s a long-standing myth that domestic violence rates increase on Super Bowl Sunday, but according to a recent US News and World Report article, this is just an urban legend. According to Cindy Southworth, vice president of development and innovation at the National Network to End Domestic Violence “the Super Bowl does not cause domestic violence, and it doesn’t increase domestic violence, but it does increase the public’s awareness of the issue, which will help victims learn about help and resources.” The only perceivable football link is when high-profile players are accused (justly or not) of abusing or killing their partners, as with the Kansas City Chief’s Jovan Belcher who in December killed his girlfriend and then committed suicide.

In addition to the Super Bowl buzz, there’s also been increased media attention to the issue because of the reintroduction of the Violence Against Women Act (VAWA) in the Senate. Last year the bill was blocked by House Republicans, “who balked at expanded assistance for gays and lesbians, Native Americans, and undocumented immigrants,” according to US News and World Report. According to the White House, the VAWA, when originally passed in 1994, both improved the criminal justice response to violence against women and ensured that victims and their families have access to the services they need. The White House reports that between 1993 and 2010, “the rate of intimate partner violence declined 67 percent.”

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 Posted on February 09, 2013 in Family Law

In this day and age, with divorce rates hovering between 30 and 50 percent, it might be harder than you think to find someone who hasn’t once been married. However, just because someone has an ex-husband or wife lurking in their past, doesn’t mean they’re not dateable.

This article from the Chicago Times helps explain the steps you should take if you’re thinking about dating someone who’s been divorced.

For someone who has only been divorced once or twice, psychiatrist Dr. Gail Saltz says you should talk with them to learn why the marriages ended, if they picked up any insight about themselves, and how their relationships currently stand with their exes.

If your date has been married and divorced multiple times, you may want to dig a bit deeper. Studies have shown that people who marry multiple times may have personality traits or issues that cause difficulties in maintaining a fulfilling and lasting relationship. These people may do wonderfully in short-term, casual dating, but have problems with choosing a suitable mate for the long run.

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 Posted on February 08, 2013 in Family Law

Russell Wasendorf used to be the CEO of the Peregrine Financial Company, based in Cedar Falls, Iowa.  He was arrested for scamming over 24,000 customers for over 20 years for around $215 million. He wasn't caught by regulators until he left a suicide note admitting to his crimes but managed to live through his suicide attempt.  He was sentenced to 50 years in prison for embezzlement on January 31^st.

The money went to various extravagant purchases such as a private plane and a luxury Chicago apartment.  He also used the money to try to keep his failing business afloat while opening a $24 million office in Cedar Falls.  Recently, it was found that some of the money was used to divorce his wife of 24 years, Connie Wasendorf.

The divorce was finalized on December 30, 2010.  A day later, Wasendorf transferred almost $2.5 million dollars from a company account into his ex-wife’s account.  Wasendorf also paid his wife $20,000 a month for over a year from the company’s account even though she did very little to earn it.

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