Father's Day is this weekend, making it an appropriate time for a newly formed group called Leading Women for Shared Parenting to take on what has traditionally been a father's cause. They are launching their group and their consorted effort to spread shared parenting plans throughout the country and beyond.
]]> A shared parenting plan would be a more balanced arrangement between parents that allows each parent close to equal time with their children. It is a response to upset over how family courts have tended to favor mothers in child custody situations, leaving fathers fighting for and wishing for more time with their kids.In North Carolina cases, child custody decisions are to be made based on what is in the best interest of the child involved. Those who are for shared parenting plans argue that such situations are what is in the best interest of children, assuming that each parent is a stable, responsible person. They argue that a child is best served if he has not just one but both parents as regular players in his life.
The question from more of a state level is whether it is wise to enact laws that would require that a certain percentage of a child's time be spent with each parent. Critics of changed custody laws believe it's best for judges to have more say in individual cases because each case has its own set of circumstances.
If the parents in a case are able to work together, they can always come up with the child custody arrangement that works for them. Maybe it will be an equal, shared parenting plan. Maybe it will be more creative, including visits via the Internet. With the help of a family law attorney, parents can come up with an arrangement that suits them and their child's well-being.
Source: Star Tribune, "Rosenblum: Divorced dads get big gift from fired-up moms," Gail Rosenblum, June 8, 2013
]]>A recent study published in a scientific journal finds that about 35 percent of marriages are the result of couples meeting online. The study suggests more than that. Based on surveys, couples who met online might be less likely to divorce. There are some doubts surrounding the study, however.
]]> The center behind the study of online dating, marriage and relationship happiness has ties to a popular dating website. Critics might speculate that due to that connection, the results of the study were bound to be biased in favor of online dating.Despite that worry, it is clear just by being an observer of pop culture and dating trends that online dating is a popular and sometimes successful means for people to meet each other. Many people today have attended at least one wedding where the couple met online, either through a dating site or through social media avenues.
Why, in theory, would couples who meet that way be happier? Those who applaud the Internet for purposes of finding love herald it as a way for those with similar interests and goals to meet more effectively. If marriage is the goal, daters can post that without having to go through the standard dating process involving small talk.
Those who are thinking about, in the process of or post-divorce, should be cautious about their online actions. Just as the popularity of social media is impacting how people meet and get married, it is impacting how people's divorces play out. Courts can and do look at Internet sources when determining matters of child custody, child support, alimony and more.
Source: USA Today, "Study: More than a third of new marriages start online," Sharon Jayson, June 3, 2013
]]>The Pew Research Center released the findings of a study of U.S. households that indicate how more like 40 percent of households are either solely supported by the mother or the mother brings in the most income. Within that 40 percent are both single-mother and mother-father households. Therefore, there are a couple of family law dynamics that come into play based on the study's findings.
]]> For a woman who lives alone who may or may not be raising a child, there are child support matters to think about. If she is the custodial parent of the child, she might still seek child support from the father, even if he doesn't earn as much as she does. If she is the non-custodial parent, she will be required to pay child support, and the amount she'd be required to pay would likely be higher based on her higher income.In regards to a household wherein the wife/mother makes the most money, alimony could play out differently than some might stereotypically expect. Should the marriage end in divorce, it is most common in North Carolina for the party who is the higher-earner to be required to pay alimony, whether that person is male or female.
Studies like this one take a grand view at U.S. trends, but every divorce case is different. It involves individuals with specific goals and life circumstances. An experienced family law attorney can help take some of the stress out of some of the most sensitive family law issues such as child support, alimony and more.
Source: Los Angeles Times, "Moms are top or solo breadwinner in 40% of households, study says," Hugo Martin, May 29, 2013
]]>Its success thus far hasn't come without debate in the state, as has been the case in other states that have faced the same decision of whether to prohibit the application of foreign law in their courts. Critics suspect that the legal efforts are challenges to Sharia law and religion specifically. At the center of debate is whether it is ethical for the legal system to target one religion.
]]> The North Carolina proposal that the House just passed does not mention Sharia law, but similar legislative efforts within the U.S. have proven that it is Sharia law that lawmakers are trying to block with the anti-foreign law efforts.In regards to family law, Sharia law (the religious law of Islam) can impact sensitive matters such as child custody. Supporters of keeping foreign laws and religion out of domestic matters want matters that occur within the state or the U.S. overall to be handled based on rights granted by our U.S. Constitution. Certain foreign laws, they argue, go against the long-standing, guiding morals of the country.
Cultural and religious differences can impact family law matters, ranging from what couples want out of the divorce process to, if HB 695 is passed, what rules courts are willing to recognize. A trusted, experienced divorce lawyer can address the wants and needs of divorcing parties in order try to set realistic goals and achieve a healthy divorce outcome.
When there is a development in this matter we will post an update.
Source: Seattle PI, "NC House bill forbidding Islamic Sharia law passes," May 16, 2013
]]>With NASCAR being as popular as it is, its CEO has significant wealth to show for it. The business is worth billions, France worth millions, and his ex-wife Megan France has fought for what she thinks she and her kids are worth and what they deserve post-divorce.
]]> She and her ex, however, have consistently disagreed and battled regarding the financial terms of their divorce. Even though France agreed to pay a reported $32,000 monthly in alimony and $10,000 monthly in child support, he continued to challenge the way in which his ex used the money. Megan also received $9 million in the divorce as part of the property division.Megan claims that the money she's received post-divorce hasn't come with strings attached. She complains that France basically manipulates her into giving him time with the kids. She doesn't want to change the terms of their divorce agreement. France apparently does.
Modifications of divorce agreements are possible, but likely not in the case of the France divorce. particularly in regards to spousal support, a court would be unlikely to change the terms unless France could prove that he is worth much less than he was at the time when the agreement was made. Unless NASCAR's success plummets, France must live up to the promises he's made to his ex-wife.
Source: The Associated Press, "Brian France divorce details released in court documents," May 8, 2013
]]>This matter brings up the question of whether someone's supposed criminal activity, or even a criminal conviction, should have an impact on alimony terms or other aspects of a divorce agreement. Should the ex-wife in this case be required to pay monthly alimony if her ex was convicted of raping her own daughter? She passionately argues that she should be forced to do no such thing.
]]> The ex-husband pleaded guilty to rape, served a relatively short prison sentence and is free, living in the community as a registered sex offender. That status, however, hasn't stopped him from requesting and receiving his reported $1,300 a month in spousal support. What continues to matter in the situation is that the one spouse earned more than the other and the other has the right to live according to the lifestyle that he was accustomed to during the marriage.Alimony cases can get extremely heated and emotional, even though they generally settled based on black and white facts and numbers. This story is an extreme, rare situation. But anyone who is worried about a potential alimony outcome in their situation should work with a divorce lawyer who has experience fighting for one's rights regarding their finances post-divorce.
Source: CBS Los Angeles, "Mother Forced To Pay Spousal Support To Man Who Raped Daughter," May 6, 2013
]]>Coldwell Banker did a survey that indicates a notable consumer trend. Couples within the younger (marrying age) generation are commonly buying homes before getting married. Some attribute the trend to the economy and to the real estate market right now. Whatever the reason, the trend suggests that these couples have some planning to do.
]]> According to the survey, about 25 percent of millenials (age 18-34) owned a home with their current spouse before getting married. Subjects claim that they saw buying a home before marriage as a solid commitment, a step toward marriage and a wise way to take advantage of the housing market and low interest rates on home loans.From a legal perspective, those who are getting homes before getting married must consider their best interests should the relationship not last. If buying a home with a boyfriend or girlfriend, do both of the two parties have equal stake in the home? Did one of the parties make the down payment? Is one paying more on the mortgage?
Inequality regarding each party's payments or monetary contributions toward the home could impact how the home would be divided down the road if the couple gets married and then later divorced. North Carolina recognizes marital property, separate property and divisible property in the divorce process. If someone owned a home before marriage, even if both parties lived in it, that home could be categorized as separate property and granted to the one party.
Our Charlotte divorce lawyers handle complex property division cases. We can answer questions that someone might have about how their finances and assets can be protected or how they can work out an agreement with their partner that they would both be comfortable with.
Source: USA Today, "More Millennials get house before getting hitched," Haya El Nasser, April 17, 2013
]]>Now that more women (still not a majority) are the higher earners in the household, more women need to become comfortable protecting their money and assets. That means they need to be vocal and proactive regarding divorce-proofing their finances, perhaps even as part of the wedding planning:
]]> Clarify matters with a prenupBy creating a prenuptial agreement couples can enter into their unions with a level of stress taken off of their shoulders. Should the marriage not last, the stressful thought of "Who gets the house?" for example, won't be necessary. Details like that would be in the prenup.
A prenuptial agreement can also save both parties money in the end by shortening the legal process of dividing assets. Saving money is good for both parties and their kids. How a party's business would be impacted by divorce could also be in the prenup.
No shame in earning more
Even though it is 2013, ideas about gender norms still can have power in a relationship. If stress develops within the marriage because a husband is threatened by his wife earning more, the wife shouldn't give into feeling guilty or ashamed. She not only has a right to protect her financial security; she has the right to protect herself physically and emotionally as well. Forbes contributor Jeff Landers says, "Earning more doesn't mean you're immune to domestic violence."
Our family law attorneys help in divorce cases involving domestic violence. In North Carolina, a restraining order or 50B can work to provide someone the protection that they are looking for during a time of stress, fear and needed change.
Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013
No matter their gender, higher-earning spouses have some important matters to address before getting married and during their divorce. Because the reality that is about 16 percent of households have women as the breadwinners (a significant change from the past), Forbes thought it valuable to provide some women-specific marriage and divorce tips to protect their financial stability:
]]> Protect your businessSome women undoubtedly take the entrepreneurial route toward supporting themselves. A woman who took the risks to start her own business and succeeds has her business, hard work and sacrifice to protect in case of a divorce. She should go into the marriage with a clear outline about how her business will or won't be impacted by divorce.
Inheritance doesn't have to be shared
Maybe a loved one leaves his inheritance to his granddaughter in hopes that she would use it to continue to grow her business. Whatever reason he may have had for bestowing his money onto her, he might not have wanted it to go to his granddaughter's husband or ex-husband. Someone in this position of inheritance should work with professionals to make sure that she is handling the inheritance in a way to classify it as separate from marital assets.
These are just a couple of matters that women who are trying to sustain their financial security through marriage and divorce should address. An upcoming post will continue the conversation.
Our North Carolina lawyers handle divorces involving important money issues such as protecting separate property, determining marital property and the overall adherence to the equitable distribution law in North Carolina. Visit our Charlotte Equitable Division Attorneys page to learn more about the legal process in the state.
Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013
]]>Most obviously, there is the cost of the divorce process itself. In order to get one's money worth out of that process and to avoid unneeded stress and surprises post-divorce, divorcing spouses should consider the following financial aspects of their split when agreeing to any terms:
]]> How will divorce impact taxes? This matter can be discussed with a tax professional in order to give parties a clear picture of the situation and how matters such as alimony and child support impact the tax equation.Do parties need to buy insurance? This matter is of family law interest these days because many in their older age are getting divorced. If they don't have long-term care insurance, much of the financial stress related to their care at an elderly age falls on their adult children or society. Divorcing parties should consider the cost of their long-term care in case they never remarry later in life and won't have a spouse to care for them. They might need to add the cost of long-term care insurance to their monthly bills.
Is more childcare necessary? More and more households are sharing household duties, including taking care of the kids. Maybe both spouses worked and split time caring for the kids. Maybe now a spouse who didn't work will have to after divorce, meaning that childcare is needed. Childcare can be expensive, and divorcing parties will want to discuss that cost and how they will cover it as part of their settlement.
These are just a few of the several money matters related to divorce. Our North Carolina divorce lawyers can help address these matters and make the process of divorce as straightforward as possible for our clients.
Source: Los Angeles Times, "Five ways divorce will impact your finances," Stuart Pfeifer, March 28, 2013
]]>The legislators, Sen. Austin Allran, R-Hickory and Sen. Warren Daniel, R-Morganton, are sponsoring a bill that would double North Carolina's required waiting period before divorce. Couples must currently wait at least one year between filing for divorce and when they are allowed to finalize the proceeding. Allran and Daniel's bill, titled the Healthy Marriage Act, would increase that waiting period to two years.
]]> During that time, the act would require couples to take classes on conflict resolution and communication skills. Parents would also have to take a four-hour course about the effects divorce can have on children. In addition, having sex with your estranged spouse could reset the clock under the bill. Current law states that "isolated incidents of sexual intercourse" do not affect the yearlong waiting period, but Allran and Daniel's bill appears to eliminate that language, creating the possibility that a brief reconciliation would mean you and your spouse would have to wait another two years before finalizing your divorce.As readers have probably guessed by now, the bill's title and its contents would seem to imply that its purpose is to make divorce more difficult in North Carolina. Do readers agree that a divorce is too easy to obtain in the state? Would a two-year waiting period and lengthy classes lead to longer, happier marriages?
Source: News & Observer, "NC legislators propose more rigorous divorce regulations," Craig Jarvis, March 29, 2013
]]>ABC News features the picture of the 23-year-old man and a pile of cash in its piece about how the social media sharing has impacted the user's family law matter. He reportedly has missed making any child support payments for his 3-year-old, and now authorities are wondering why.
]]> Basically, the concern is this: If the father is seen in a picture with at least $100 in cash with him, then how can he get away with paying no support toward his young child? He's is supposed to pay monthly child support of $150, and his failure to do so is seen as potentially criminal in the eyes of his district.Officials from his hometown's district attorney's office were able to get enough support in order to convince Facebook to provide them with the user's information and posts. Upon seeing the photo of the father and his cash, they are pursuing him for felony counts of failure to pay child support.
Though this case didn't take place in North Carolina, it provides a nationally-relevant lesson. Social media sites and what users post on them are often fair game in family law situations. Little of what's posted on sites like Twitter and Facebook can be deleted, and online information can be used against someone in matters of divorce, including child support.
Our Charlotte divorce attorneys understand the significance of social media use and family law and how Facebook can be used to support a case regarding child support, child custody and more.
Source: ABC News, "Facebook Money Pics Bust Dad for Allegedly Dodging Child Support," Alexa Valiente, March 22, 2013
]]>The higher-earning spouse begins paying spousal support and child support even when a couple is technically separated but not divorced yet. A judge has required the husband in this case to pay nearly $13,000 per month in combined child and spousal support. According to the wife, her estranged husband has failed to live up to that court order.
]]> The wife is suing for back payments and has asked a judge to hold her ex in contempt of court for failing to make his required payments. Her ex acknowledges the fact that he has fallen behind but also argues that the amount a judge has ordered him to pay per month is unjust. He claims that his current income doesn't support the high amount of support owed. He asserts, "I'm not going to apologize for vigorously defending myself against something that I think is inappropriate."A vigorous defense in family law situations like this could mean that the party who feels that the support requirements are inappropriate seeks modifications of child support and/or spousal support settlements. Such modifications are not necessarily easy to come by. A party must prove that there has been a real change in circumstances that warrants an official support modification. And when the best interests of children are involved, the court will most surely keep that aspect at the heart of its decision.
Our Charlotte family law firm handles cases involving modifications of child support, spousal support, child custody and visitation.
Source: News & Record, "Update: Estranged wife seeks contempt order against mayor," Amanda Lehmert, March 15, 2013
]]>Reports from earlier in the year address how the rate of divorce filing increases in January; perhaps due to the end of what are considered the big holidays. But the upward trend of divorce filings continues and reportedly spikes in March. This is true in North Carolina as well as within much of the U.S.
]]> Some family law professionals associate the rate of March divorce filings to money reasons. Tax season is upon us, and divorce can make an already complicated process of filing tax documents even more complicated, that is unless things are timed a certain way.Because taxes are due soon, the issue is probably on people's minds. They are thinking about the year to come and want to get the ball rolling so that next year they have the divorce process behind them and can go forward with filing separately for the first time in decades for some. Filers' marital status as of Dec. 31 is what determines how they will file their taxes.
Most simply put, the goal of a divorce is to set the path for two people who no longer want to be together. With that decision, however, various financial changes come along. Where there are money matters there are tax matters. Obviously the tax filing process changes due to divorce. There are also tax implications depending on spousal support settlements, for example, that a professional should explain before an agreement is made.
Our Charlotte family law attorneys have experience helping clients navigate their ways through the money matters of divorce, whether they file their divorce papers in March, January or on any other date.
Source: Fox Charlotte, "Trend Shows Divorces Spike in March," Caryn Little, March 4, 2013
]]>Settling financial details such as alimony and property division is a part of just about every divorce. Depending on the specific couple, however, the conversations around those matters will be quite different. For boomers, retirement is within sight, whereas that isn't the case for thirty-somethings who are ending their marriages.
]]> The trend is that boomers (those age 50 and up) are getting divorced at an increased rate. This family law trend has taken on its own term of "gray divorce," but the focus of this trend should be less on hair color and more on money. With retirement so near for the aging population and the lack of time they have to increase their savings, strategic talk regarding finances is extremely crucial during a "gray divorce."In most divorces, retirement funds will be divided between both parties unless some sort of marital contract says otherwise. Though divorce doesn't change how much is in a retirement or both parties' retirement accounts, the fact is that now the money will have to go toward supporting two retirees who don't live and share a life together.
That is a more expensive setup because there will be at least two residences, for example, that the retirement funds will have to support. Financial professionals speculate that baby boomers who get divorced might have to postpone retirement in order to save and make enough to get by in the wake of a divorce.
Though the financial effects of divorce might seem daunting to the boomer population, those who are unhappy in their marriages shouldn't let that intimidation stop them from trying to secure the life that they want, even if that means one might have to live on lesser income. With the help of an experienced family law attorney and a trusted financial advisor, there could very well be a way to divorce comfortably and get to a happier life.
Our Charlotte divorce attorneys have experience with even the most complex property and asset division matters, including the division of retirement accounts. We help clients protect their property and get to a favorable divorce outcome.
Source: USA Today, "Boomer divorce: A costly retirement roadblock," Rodney Brooks, Feb. 26, 2013
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