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Divorce Family Law

New Study Results for “Divorce and Education”

Post author By Scott
Post date August 26, 2014

Keep a Journal in Your Personal Injury Case

Recent data proves that women with more education than their husbands are not more likely to seek divorce – as previous data had shown.

The Study

A new study published in the American Sociological Review shows that there is no increased chance of divorce in marriages where wives have received more education than their husbands. The study actually showed couples who have attained the same level of education tend to have less of a chance of seeing divorce when compared to other couples.

The Researchers

Researchers Christine R. Schwartz and Hongyun Han felt it was necessary to take a closer look at the National Survey of Family Growth and the Panel Study of Income Dynamics, which really only documented marriages in the 1980’s – when the focus fell on marriages that had formed prior to the advancement of women in the realm of education. Schwartz and Han reexamined data taken of marriages between 1950 and the mid-1980s. They also sought to update the time series to include marriages that had formed through 2004.

Outdated

Their analysis concluded that all the conventional wisdom regarding education and divorce was as thought: outdated. As of the 90s, wives’ with more education no longer contributed to a higher risk of divorce. In fact, spouses married between the years 2000 and 2004 who had the same level of education were actually about 1/3 less likely to divorce when compared to marriages where the husbands had more education than wives.

Adaptation

This study puts to rest any fears associated with marital stability’s relation to steady marriages. “This has big implications for the compositions of people’s marriage markets,” Schwartz said. “And from our study, it looks like people are adapting to those demographic realities.”

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, Wives With More Education Than Their Husbands Aren’t Doomed To Divorce After All, August 21, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce rates

Child Support

A Few Aspects of Child Support

Post author By Scott
Post date August 25, 2014

Child support is an amount of money that a court requires a parent, or both parents, to pay each month in order to support a child’s, or children’s living expenses. Below will help answer some questions you might have regarding falling behind on child support, or when child support legally completes.

Falling Behind

If you are not able to make your child support payments and you fall behind, you are required to pay interest on the balance due in addition to the amount you owe. A judge is not able to remove this charge, as interest charges are added per the law. Interest charges are added by law, and the judge cannot stop them. Interest rates are as follows: 10 percent per year for child support due on or after January 1, 1983; or 7 percent per year for child support due before January 1, 1983.

Past-Due Child Support

If you owe past-due child support/arrears, your court order/wage assignment/garnishment, will include the full amount of owed monthly child support. This amount over your monthly child support is called a “liquidation amount. It goes to paying off the past-due amount/arrears. This amount goes to paying off your arrears. Even if you are paying this off in installments, interest will still be added to your balance.

Consequences

Not paying child support means serious consequences. You can be found to be “in contempt of court” if it is discovered you have the means to pay and are not. This can result in jail time.

Ending Child Support

Typically, court-ordered child support will end when a child turns 18 years old, or if he or she graduates from high school. If an 18-year-old child still lives with parents and is a full-time high school student the support will end when he or she turns 19 or graduates – whichever comes first. Child support also terminates once a child: Marries or registers a domestic partnership, joins the military, is emancipated, or passes away. If both parents agree, they can decide to no longer support a child.

For advice on divorce and child support, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: California Courts, Child Support, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support

Marital Property Division

Overlooked Items During Marital Property Division

Post author By Scott
Post date August 22, 2014

Statistics indicate over 195k people die from malpractice

A spouse who has not been heavily involved in the family’s finances can often times find himself or herself at a disadvantage when it comes to dividing marital property.

Often Overlooked

Understanding your post-divorce financial needs and current financial situation is vital to the process. Here are some items that can be overlooked – you’ll want to be an expert in all of them, and hire an attorney that is an expert at advising you about these items.

Cash Flow

Understand what your cash flow situation will be – is your need immediate? Or is it not an issue at all? Will you need to sell some assets – bonds, stocks, mutual funds?

What are Your Joint Liabilities?

Do you have any joint liabilities such as outstanding tax liabilities on jointly-filed tax returns. Do you have any joint credit cards? Will a mortgage need to be refinanced? All of these things will need to be settled before the divorce is deemed final. That means you will need to either pay them off or transfer them completely to one spouse’s name. Running a credit report will also help you identify any outstanding debts.

Taxes on Assets

Review the tax impact of your investments. Though two assets might have the same dollar value, taxes can cause them to be vastly different. Are there any unrealized capital gains on taxable investments that might be due someday?

Previous Tax Returns

Review the last three to five years of tax returns that you have filed jointly. This will give you an idea of what needs to be considered in the negotiations. These can include capital loss carry-forwards, charitable contribution carry-forwards, or net-operating losses. “Tax assets” reduce future taxes. Because of that they should be considered as an asset when the marital estate is split.

Dividing Retirement Assets

Retirement assets play a part and represent the couple’s net worth – or at least a portion of it. There are special rules that allow the transfer of them to be tax-free. You’ll need to work with a financial advisor that understands those special rules.

Digital Assets

Though digital assets, such as pictures and videos that exist on computers or phones might not have financial value, they do have large emotional value. Arrange for both spouses to be able to access these assets.

For advice on divorce and dividing marital property, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Forbes, 6 Money Matters Divorcing Spouses Often Overlook, August 19, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, marital property division

Marital Property Division

Understanding the Division of Marital Property

Post author By Scott
Post date August 20, 2014

When it comes to dividing assets during a divorce there are various concerns you will need to deal with when it comes to dividing the marital property.

What State do you Live in?

State laws govern how the marital property will be divided. You will need to check with an attorney to see if you live in an equitable distribution state or a community property state.

Other Considerations

There are four other steps that need to be considered when diving marital property:

Identify the assets owned by you and your spouse
Categorize all assets as marital or non-marital property
A value will need to be assigned to the assets
Devise a plan for the division of assets that is in accordance with state laws

No Fault Divorce Laws

Though most states separate the division of marital property from grounds for divorce due to no fault divorce laws, most states do consider any financial misconduct when it comes to dividing marital property. What this means is if you or your spouse has foolishly spent money then you or your spouse will most likely be penalized when it comes to dividing marital property.

Separate Join Financial Obligations

If you feel the division of marital assets might be a contentious point between you are your spouse, you might want to consider separating financial obligations prior to starting the divorce process. Marital property does not only mean furniture and household items, but also joint credit accounts. Each spouse should have access to a complete set of all financial documents. You’ll also want to close all joint credit card accounts. If you’re not able to fully separate the accounts, draft a formal written agreement outlining the activity on the remaining joint accounts. Freeze any investment assets – this will ensure neither spouse misuses funds until everything has been agreed upon. You might also want to consider changing the title on your home to read “tenants in common” until the final agreement regarding marital property has been decided upon.

For advice on dividing marital property, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Divorcesupport.com, Issues Surrounding the Division of Marital Property, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags marital property division

Domestic Violence

Is it Domestic Violence?

Post author By Scott
Post date August 19, 2014

Domestic violence can be a hard thing to define, especially if you are blinded by emotions and love for a person that is abusing you. Domestic violence is defined by a pattern of behavior that is used to gain and/or maintain power and control of an intimate partner in a relationship.

Forms of Abuse

Abuse comes in all forms: physical, sexual, emotional, economic or psychological actions, threats of actions. This comes in a variety of behaviors such as frightening, intimidation, terrorizing, manipulating, hurting, humiliating, blaming, injuring or wounding someone. All races, ages, sexual orientations, religions, and genders, socioeconomic backgrounds, and people with high or low education levels, can experience domestic violence.

Domestic Abuse?

If you suspect you might be a victim of domestic violence, you might want to ask if your partner does the following:

Calls you names or insults you
Acts jealous or possessive and does not trust you
Attempts to isolate you from family or friends
Monitors you – where you go, who you call
Controls finances and refuses to share money
Punishes you through withholding affections
Requires you to ask permission
Threatens to hurt you, children, other family members or pets
Damages property when they get angry (examples include throwing objects or punching walls)
Pushes, slaps, bites, kicks or chokes you
Scares you by driving recklessly on purpose
Uses a weapon to threaten or hurt you
Forces you to leave your home
Prevents you from calling police or seeking medical attention when they injure you
Uses physical force in sexual situation
Wants you to dress in a sexual way
Has ever forced you or manipulated you into to having sex
Holds you down or hurts you with weapons or objects during sex

Seek Help

If you feel you might be a victim of domestic violence, try to seek the help of a local domestic abuse hotline or center. Once you are out of the situation, you might want to work with a domestic violence lawyer that can help you get the best protection you need.

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Indiana Coalition Against Domestic Violence, What is domestic violence, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Domestic Violence

Divorce Family Law High Net-Worth Divorce

Divorce Bigger Issue for Professional Athletes

Post author By Scott
Post date August 18, 2014

When it comes to professional athletes’ personal lives it seems the focus often turns to domestic violence, but it seems the larger issue is how difficult it can be for a professional athlete to make a marriage work. In fact, according to The New York Times and Sports Illustrated, the divorce rate amongst professional athletes is estimated to be between 60 to 80 percent – a marked increase compared to the national average of 50 percent.

Why?

Fame, money, travelling for games, as well as being bombarded by adoring groupies can take a toll on a marriage. New York divorce attorney, Bruce Provda says, “It’s hard to keep a marriage going if you’re a celebrity athlete. There is a great deal of temptation and a ton of money available. It’s a bad combination.”

Examples of Pro Athlete Divorces

There are numerous examples of professional athletes who have dealt with divorce. Some of the most high-profile divorces have been those of Kobe Bryant, Tiger Woods, and Michael Jordan. Kobe Bryant didn’t have a prenuptial agreement for his divorce from ex-spouse Vanessa. He ended up settling for approximately half of his net worth – an estimated $350 million. When Michael Jordan split from ex-spouse Juanita he paid a $168 million settlement. When Tiger Woods and his ex-spouse Elin Nordegren split, Wood had to pay his ex-spouse $100 million.

High Net-Worth Divorces

High net-worth divorces can be difficult to resolve. If you are facing a divorce that involves a division of large amounts of assets, you’ll need to work with an attorney that is well-versed in these types of cases. If you are considering marriage and you and your future spouse have a high net-worth you might want to consider signing a prenuptial agreement. An attorney will also be able to help you negotiate a settlement – it just might save you form a lot of emotionally draining litigation in the future.

For advice on high net-worth divorces, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Forbes, Divorce, Not Domestic Violence, Is Biggest Issue At Home For Professional Athletes, August 15, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, High Net-Worth Divorce

Child Custody Child Visitation Divorce Family Law

Parental Gatekeeping in Child Custody Cases

Post author By Scott
Post date August 15, 2014

“Parental Gatekeeping” might not be an everyday word for intact families, but it does impact and come into play fairly often in child custody cases.

What is “Parental Gatekeeping”?

Parental Gatekeeping is the act of facilitating and/or restricting the relationship one parent has with a child. When a parent is restrictive with parental gatekeeping they often place limitations on communication or access to the child. This is often done for the child’s protection in cases where there has been physical abuse, neglect, or substance abuse.

Unreasonable Gatekeeping

Gatekeeping can also be done for unreasonable reasons – as an attempt to harm the relationship between a child and the second parent. This can be done in all forms – verbally attacking the other parent, restricts communication between the parent and child, or restricts the time the parent is allowed with the child, or purposefully tries to destroy the relationship the child has with the other parent. When this is done, a certain question arises – is the parent doing the gatekeeping just as dangerous as the other parent? And if this is the case, should that parent also lose custody rights? This can get tricky when it comes to child custody law – especially since states like California do not have specific family codes that punish this type of gatekeeping.

California Law

Parenting time, lack of co-parenting, as well as false allegations surrounding parental care all play into custody cases. But oftentimes judges do not take all of this into consideration in equal ways. The undefined nature of “parental gatekeeping” needs to be taken into further consideration. In litigious divorce and child custody cases it can be difficult for a judge to get a full vision of the child’s life. A court will always rule in the best interest of the child, and will base its decision on numerous factors.

For advice on child custody, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Huffington Post, Are Child Custody Laws That Treat Parental Gatekeeping Like Child Abuse Long Overdue?, August 12, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce, Parental Gatekeeping

Divorce High Net-Worth Divorce

New “Largest Divorce Case Ever”

Post author By Scott
Post date August 14, 2014

According to court documents, lawyers for Harold Hamm and his wife Sue Ann Hamm recently faced off in divorce court in Oklahoma City. While the details of the case are not know (the judge sealed most of the records and proceedings), what is known is that Mr. Hamm, 68, is estimated to be worth $20.2 billion. And most of that wealth was accrued during his marriage of 26 years.

Previous “Most Expensive Divorce” Title Holder

Russian oligarch Dmitry Rybolovlev’s May divorce settlement of $4.5 billion was previously dubbed the “most expensive divorce in history.” But Mrs. Hamm, 58, would only need to receive a quarter of Mr. Hamm’s net worth in order to surpass that.

Hamm’s Billions

Mr. Hamm made his billions as founder and chairman of Continental Resources. The company helped pioneer fracking. He was number 39 on Forbes’ list of the world’s richest people, and was also top energy adviser to Mitt Romney’s during his 2012 presidential campaign. In that same year Hamm was also named one of Time Magazine’s most influential people.

Judge’s Orders

The judge sealed the case due to concerns regarding sensitive information about Continental, a large producer of North Dakota’s Bakken Shale. The judge also set aside 8 weeks for the trial. According to attorney M. Shane Henry, how the Hamm’s assets will be split is dependent on two central issues: the date used for separation of assets and how much Mrs. Hamm contributed towards the growth of the company. She was a former executive at Continental as well as a partner to Mr. Hamm. The earlier the date for the separation of assets, the more likely that Mr. Hamm will be able to retain a larger amount of money. While most parties settle, “the reason these people can’t settle is it means literally millions and millions of dollars to one side or the other,” Henry said. According to Reuters, there is not prenuptial agreement. Not that that always matters. According to New York attorney, Seymour Reisman, “Prenuptials are like any contract, lawyers can find loopholes to set them aside.”

For advice on family law and high net-worth divorces, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: CNN Money, Oil tycoon could face record divorce judgment, August 12, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550