A police sergeant from a northeastern state is currently facing charges for allegedly interfering with a child custody order involving his grandson. He is accused of hindering police from returning the child to his mother. When police arrived at his home with a warrant, the officer apparently would not disclose the child's whereabouts. State police eventually located the child, who was with another family member at the time.
]]> The child's father is facing similar charges. Both men pleaded not guilty. He allegedly violated a local order in Connecticut, as well as an order from the state of Georgia that urged him to return the boy to Georgia where his mother resided. The father is to be returned to Georgia, where he will reportedly face additional charges.Child custody issues can be difficult. Parents often worry when they send their children to visit the other parent, per a court order. When the terms of a court order are violated, law enforcement may be required for enforcement measures. Residents of Florida confronting a child custody battle may take comfort in knowing that there are resources available to aid and assist parents in legally obtaining a child support agreement that is truly in the best interests of the children involved.
Source: Connecticut Post, "Cop pleads not guilty in child custody case," Frank Juliano, May 9, 2013
]]>Cory Robbins, a well-known music executive, ended up in court with his ex-wife in a dispute over their prenuptial agreement. During their marriage and per the agreement, Robbins maintained separate assets from his wife and held all entitlements to credits from mortgages and equity loans. When he received credits for loans taken out against properties he owned, Robbins found his wife was entitled to half.
]]> Robbins felt his actions fell under the prenuptial agreement, but the court ruled otherwise. Because the loan he received against his property was not an equity loan or mortgage, the court determined that his wife was entitled to 50 percent of the credit. Robbins found his agreement was not as secure as he may have thought. Florida residents and others can clearly see the importance of drafting clear and concise terms in an agreement.Couples may be hesitant about bringing up a prenuptial agreement, but even when things are their best; it does not hurt to prepare for the worse. A prenup is not simply for the rich but for everyone who feels they have an interest (i.e. business, property, money) to protect. Couples can consult with knowledgeable parties in regard to hammering out the terms so there is a clear understanding between the parties involved. This can ease complications and stress that may arise if the relationship ultimately ends in divorce.
Source: Thomson Reuters, "Music executive who signed Run-D.M.C. loses in prenup dispute," Joseph Axnew, May 1, 2013
]]>It is still the most common scenario for the mother to retain custody of the children with the father having liberal visitation rights, although this structure is beginning to shift, in Florida and across the nation. In many cases, the father encounters difficulty in spending time with his kids after the divorce is final. While scheduling issues and other minor difficulties are to be expected, many fathers face scenarios in which their former partner is acting to intentionally limit their access to their children.
]]> In such cases, fathers face a difficult legal path to resolving the matter. Law enforcement cannot assist in these types of civil matters, and there is very little in the way of advocacy or legal aid resources for parents in this situation. Fathers are often left with two choices: either attempt to navigate the family court system on their own or hire an attorney to pursue enforcement of the existing child custody arrangement or to ask for a modification.While the prospect of heading to court is not a pleasant one, in some cases it is the only way to force compliance with an existing visitation order. When a father is intentionally kept from interacting with their child, the parent/child bond can suffer, which is not in the best interests of the child. A Florida family court judge can work to rectify the situation, and the process can document the child custody conflicts in the event that a change in custody is sought at a later time.
Source: Huffington Post, "Disparity Between Child Support and Custody Enforcement," Joseph E. Cordell, May 3, 2013
]]>Her husband's representation feels that nothing exists to support what the ex-wife is claiming. The whole case is based on what was the true estimate of the Dodgers' worth at the time the settlement was negotiated. In the previous divorce proceedings, the team was valued at less than $300 million but the ex-wife feels that number should have been closer to the amount that the team actually sold for, which was $2 billion. Financial documents provided to her did not reflect anywhere near that amount.
]]> The wife thought that assets between her and her ex were divided evenly, however that was in the past when she felt that they both fairly disclosed the full value of all marital assets. In light of the fact that the Dodgers sold for so much more than what her husband apparently first estimated, she now feels that the original settlement was unfair. To this end, she hopes that a judge will order a new settlement.A high asset divorce is often a difficult and strenuous process for both spouses. Sometimes settlements can be reached, while at other times a high asset divorce will end up in Florida court. In the event that a spouse finds out that inaccurate information may have been given in a prior divorce settlement, they may be able to seek restitution in a court to have that prior settlement thrown out.
Source: Yahoo! News, "Ex-wife wants Dodger divorce settlement tossed," Greg Risling, April 25, 2013
]]>There is speculation that the divorce could lead to the division of the husband's controlling interest in the company. The oil company has become one of the fastest growing oil companies being publicly traded on the stock market. This has helped the husband amass an estimated personal worth of approximately $11.3 billion.
]]> The wife is an attorney and an economist and has occupied top positions in the oil company. This fact could be used to argue she is entitled to a portion of the husband's ownership in the company. Also, most of the company's significant growth occurred during their marriage, which lasted 25 years. This could also be used in future divorce proceedings when attempting to divide assets.Even if neither spouse is a billionaire when one spouse works for the other, the end of the marriage can lead to a complex divorce case in Florida or in any other state. Divorce negotiations for couples with a number of marital assets often require even more in-depth legal knowledge compared to a more straightforward divorce proceeding. Familiarity with the proper court procedures in a divorce case is often especially useful.
Source: Huffington Post, "Pros And Cons Of Hiring Your Husband To Work In Your Business," Jeff Landers, April 22, 2013
]]>Florida readers will be interested to know that when a marriage is headed toward a potentially difficult divorce, it is preferable to be the first to file. This would give that party adequate time to gather information on assets and finances. It would also allow time to gather a legal team that would best be suited to represent the client's best interests.
]]> It is no secret to Florida readers that a high asset divorce can quickly accumulate costs. Those that are planning on a divorce find that when there is money already set aside, it can add a measure of simplicity to the proceedings. While no one has the intention of divorce when they get married, it would act as a safety net for such circumstances.If there is a concern that a spouse would have the means to hide assets, being the first to file can be beneficial. Gathering tax returns and having all financial information at hand can lessen the complication of a divorce. Again, planning for a divorce can be an unpleasant task but preparation and organization are vital.
When going through a complex divorce, it is the right to each party involved to have team acting on behalf of their client. Each side would have access to financial records, and it can speed up proceedings to have them ready to be presented. While every divorce is not the same, planning ahead can be beneficial to both sides.
Source: theweek.com, "Making money: Planning for divorce, and more," Sergio Hernandez, April 8, 2013
]]>Divorced spouses should keep in mind that for marriages lasting 10 years or more, it is possible to claim a spousal benefit based upon the work record of a former spouse's Social Security earnings. Such benefits can be claimed at one's full retirement age, leaving the claiming ex-spouse free to begin pulling from their own benefits upon age 70. This strategy maximizes the Social Security benefits available, and can provide an additional source of retirement funding.
]]> For individuals who are nearing retirement, investment strategies should take one's retirement goals into consideration. This is especially true for those who have little or no retirement savings already in place. There are a wide range of investment options from which to choose, and it is important to make the best decisions possible to ensure future financial stability.In the timeframe during and immediately after a divorce, the sheer number of decisions that must be made is staggering. While it is easy to become overwhelmed by these duties, individuals in Florida and elsewhere should remember that this is a time of planning for one's future, which can be determined by the goals and values important to that individual, and under no one else's terms. Putting property division proceeds to work securing that future is the wisest financial move possible.
Source: Fox Business, "Best Use of Divorce Cash Before Retirement?" Dr. Don Taylor, April 8, 2013
]]>The couple filed for divorce on March 22, and since then there has been a great deal of media attention placed on the couple due to their well-known public personas: Williams is a star of a hit reality television show and Stewart is a former quarterback for the Steelers football franchise. The couple is worth a considerable amount in assets and personal fortune, and as in any high asset divorce case, the question of who will be entitled to the majority share is hotly contested by lawyers and the media alike. Of particular note is the couple's home, which has been featured on television several times.
]]> No deals have yet been publicly brokered between the couple regarding the division of their mutual assets, including their two-story home which was modeled on the hotel in which they were wed. Considering the volume of their shared assets, and the well-documented acrimony between the pair, there is a distinct possibility the court case will take longer than that of a standard divorce. There has also been no mention as to whether the couple signed a prenuptial agreement.High asset divorce is not uncommon in Florida, and residents facing separation should be aware of their rights under state and, as necessary, federal law as to the dissemination of their material wealth in the event of a marriage termination. Couples with extensive personal assets might consider a prenuptial agreement prior to a marriage in order to set down concrete guidelines regarding asset division in case the marriage does not work out. While not all high asset divorce is as widely publicized as that of Stewart and Williams, it is always beneficial to know the facts prior to finalizing separation agreements.
Source: Huffington Post, "Porsha Williams, Kordell Stewart Divorce Reports Have Us Wondering: Who Will Get Their Gorgeous Home? (VIDEO)," Michelle Manetti, March 26, 2013
]]>The man here is Harold Hamm, CEO of Continental Resources, an oil production company whose shares rose exponentially since the 1990s when he helped develop a massive oil field in the upper Midwest. The woman is Sue Ann Hamm, a lawyer and economist, who was a corporate official with Continental and who assisted her husband in building up the company. She claims in this complex divorce filing that her husband had an affair that she discovered in 2010.
]]> She filed the suit in a state court in Oklahoma where they have a residence. Property division principles consider whether the husband or wife, or both, had any input into building up the assets. Here, the wife benefits from that consideration. Also, the marriage lasted since 1988, a 25-year span that further fortifies her property division claims.A settlement here may range in the billions of dollars, which raises speculation that Hamm may have to dispose of some of his Continental shares. Property division is generally based on what is fair under the circumstances, which is determined by the court absent an agreement. But where there are complex properties in a complex divorce, the determination of fairness by a court may be a daunting and time-consuming task.
In Florida and nationwide, competing parties in a high asset divorce are often better off by fashioning an agreement where each person's particular concerns may be taken into account. Also, a party facing a complex divorce will want to plan the strategy in advance, and obtain professional guidance and assistance in negotiating the terms. That is a minimum requirement in a situation where the stakes are high and the occurrence of substantial mistakes could have dramatic consequences.
Source: cnbc.com, "Will the Hamms' Divorce Pressure Continental's Stock?" Robert Frank, Mar. 22, 2013
]]>Kutcher, currently starring in television's 'Two and a Half Men,' was the first to file back in December, which came more than a year after the two initially announced their marital split. His divorce filing did not list any sort of official separation date, although Moore had publicly announced their split in Nov. 2011. His divorce filing also did not indicate whether he should be required to provide spousal support to his estranged wife.
]]> While Moore did make that public announce more than a year before her own filing, she only made it official with her court papers recently. In hers, she did indicate that she believed Kutcher should be required to pay spousal support. Moore's filing also requested that Kutcher cover her attorney's fees related to the divorce.Florida couples dealing with their own property division negotiations may be relieved they don't have to deal with frenzied public interest like Moore and Kutcher are currently enduring. However, that doesn't make a divorce situation completely stress-free. One thing that can help is to research all of the rights and responsibilities that a divorcing spouse has, in order to better understand situations as they arise. This may make the property division process less emotion-charged and help an individual move on for a fresh start.
Source: statesman.com, "Newsmakers: Demi Moore seeks money from Ashton Kutcher; Jolie-Pitt now a French wine; return to Leia for Carrie Fisher," March 9, 2013
]]>As many readers in Florida know, in the case of teenagers, they are often more likely to have opinions of their own than is the case with younger kids. When a divorce means that a child custody arrangement must be made, the teenager may seek to influence with which parent they reside. This effort may come in the form of emotional outbursts from the child or other methods.
]]> In one recent report that may be of interest to our readers, an official notes that teens may deal with many issues, including emotional ones. Some kids can find that they are concerned about the future of their family during a divorce or that they were the fault for the end of the marriage. If this is the case, a family may do well to seek counseling for the child.For those who are parents of kids, including teenagers, the issue of child custody can add an additional level of contentiousness during divorce negotiations. This may be because each of the parents is working to make the best decision possible for all involved and to do that they may fight for child custody in a divorce negotiation. When that is the case, it can benefit a person going through a divorce to review all applicable laws as they enter into negotiations for child custody.
Source: Huffington Post, "Risa Garon: Adolescence And Divorce: Helping Families And Teens Cope," Risa Garon, March 2, 2013
]]>Many marriages in this country end in divorce, but sometimes the end of a marriage does not mean couples are able to break completely free of each other. When permanent alimony is awarded, couples are forced stay linked because of the payments. One woman in our state was married for 15 years when she and her husband went through a divorce. Unfortunately, she brought home the majority of the income in the home and is now forced to pay her ex-husband permanent alimony in the amount of $558 per month.
]]> An opponent of the measure believes that passing the law could result in additional litigation. She stated that any law without a grey area will not be a fit for every situation. However, proponents claim that they have been forced to access their savings and retirement accounts just to be able to stay current on their payments. The hot topic of permanent alimony is set for discussion by lawmakers in March.Florida residents going through a high asset divorce may fear the possibility of permanent alimony. As of now, anyone who divorces could be required to dole out payments for the rest of their spouse's life. If the new law is passed, permanent alimony will no longer be allowable, and couples will no longer feel like they are chained to their exes. Without the fear of permanent payments, high asset divorce negotiations could be smoother, resulting in a fair and equitable settlement for both parties.
Source: ABC Action News, "Push to end permanent alimony in Florida," Feb. 21, 2013
]]>The state of Florida has developed a task force in an effort to halt incidents of domestic violence within our state. Florida has a high rate of domestic crime, leading some to call it an epidemic. This type of violence includes both spousal abuse and child abuse within the home.
]]> In just two counties, the number of victims seeking protective orders totaled over 5,000. However, reports show that over 90 percent of domestic violence arrests in the area never result in the accused paying the consequences of their actions. The task force plans to focus on developing programs to assist criminal enforcement efforts because many of these crimes happen with no witnesses. In a positive step towards addressing the issue, some abusers will be required to wear monitoring devices equipped with GPS in order to help protect their victims from repeat offenses.The state of Florida appears to be taking positive steps towards protecting victims of domestic violence. When a spouse is in an abusive relationship, it may seem like it will never end. However, victims should be aware that help exists, and a marriage could ultimately end in a more positive way for them. No one should have to live with the threat of physical harm, but requesting a divorce without the benefit of a protective order or other legal help could result in a dangerous situation.
Source: cfnews13.com, "Domestic violence task force jumps in to fight 'epidemic'," Natalie Tolomeo, Feb. 9, 2013
]]>Spouses should avoid signing any legal paperwork without fully understanding it. In addition, one may want to discuss it with someone they fully trust, as well as their legal team, in order to confirm the terms of the document are written in their best interests. Emotions can often cause people to agree to something they normally wouldn't, but in the case of a high asset divorce, controlling those feelings could result in a less stressful divorce process.
]]> Although it can be tempting to confide in others about the divorce and how everything is going, silence is often the better choice. Sometimes divulging too much could be detrimental to the outcome of the proceedings. Also, spouses may want to familiarize themselves with any debts accrued or assets gained during the marriage. This is an important aspect of the settlement process because unwanted surprises can often pop up for those who are uninformed. Keeping up to date with that information is a way to avoid being hit with a significant debt once the paperwork is finalized.Sometimes, navigating the court system during a high asset divorce can be challenging for Fort Lauderdale couples. Negotiations during a divorce can be difficult, especially when wealthy parties with a substantial array of assets are involved. However, with open communication and perhaps even divorce mediation, the parties will likely be able to come to an agreement without either party feeling like they have been shortchanged.
Source: Huffington Post, "17 Common Mistakes To Avoid In Divorce Proceedings," Sherri Donovan, Feb. 5, 2013
]]>For married couples who have separated and are wary about the resulting reconciliation, postnups are also an option. Those who seek this type of an agreement normally have experienced some type of traumatic event within the marriage that may have jeopardized the possibility of a successful reconciliation. Postnups act in a similar way to prenups by allowing couples to preserve their assets and negotiate property division if their marriage ultimately fails.
]]> Wealthier people tend to seek out these types of agreements more than others because they generally have more assets at risk. However, these types of documents can protect anyone and help them avoid expensive divorce litigation. Anyone considering an agreement may benefit by considering how much they are worth, especially if there is a high value of assets or sentimental property items involved. In addition, couples often acquire assets together, so it may be a good idea to discuss finances with one's partner and seek the assistance of a professional.Florida residents who are considering marriage may want to consider a prenuptial agreement before they marry. This type of document is typically beneficial to both parties. Each will likely bring something into the marriage, and a prenuptial agreement would likely permit them to keep it in the event of a divorce. Discussing this agreement beforehand is often a wise step for engaged couples.
Source: Fox Business, "Why You Should Consider a Prenup," Andrea Murad, Feb. 4, 2013
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