Further, experts recommend relying upon your legal team rather than taking your ex's statements as fact.
]]> One woman told a story about her husband's "assistance" when they were attempting to divide assets. He provided her with outdated research that would have put her at a disadvantage. Her attorney advised her that the information was erroneous, and she suddenly realized that she could not trust her ex-husband.After that point, both partners became wary that the other was attempting to sneak false information into the proceedings, and the divorce became bitter and embattled. After a while, though, the woman decided to simply discuss the situation in a mature fashion. That decision speeded their divorce proceedings and allowed them to part as friends.
Divorce experts say that it's easy to remain civil during the process if you only follow a couple simple steps. First, be sure that you do your homework when you are debating any financial or custody matters. Be sure that your attorney is prepared to advocate your cause using modern case law. Do not rely on your own research alone.
Next, check your emotions at the door when you enter into divorce discussions. These negotiations are analogous to business deals, and they should be treated with professionalism and poise. Accepting that both you and your ex will make blunders is also an important strategy that prevents bitterness from brewing.
Finally, treat your ex in the way that you would like to be treated. If you approach the divorce with high ethical and behavioral standards, the other person will likely follow suit.
Source: Huffington Post, "The art of not arguing," Debbi Dickinson, May 7, 2012
]]>New technologies have provided for electronic discovery during property division proceedings, a move that has changed the asset-hiding game for Annapolis residents and others throughout the country, permanently.
]]> Before the Internet and electronic records became readily available, spouses would set up secret brokerage accounts, purchase undercover safe deposit boxes and create separate funds to build up accrued interest that would be hidden from the other party.Now, however, every electronic trail is fair game for divorce proceedings. Attorneys are increasingly finding evidence for divorce hearings from Facebook, Web-surfing histories and other search methods. Spouses have even gone so far as to record keystroke information from their ex's computers, which allows them to determine whether that person is logging on to secret sources of money from their home PC.
Furthermore, attorneys have been empowered by high-tech search mechanisms that have made poring over paper bank records a thing of the past. Now, lawyers can find all of the information they need with the click of a button, analyzing resources that have more staying power than hard-copy documents ever provided.
Even though a paper trail can be destroyed by a shredder, it's nearly impossible to completely wipe out a person's electronic financial record. Even deleting files isn't a guarantee of privacy. All of the information is stored on a hard drive somewhere, say experts, and it's just waiting to be discovered as a part of the divorce process.
The legality of many of these practices is still up for debate. For example, is it reasonable for a spouse to hack into another's computer to install keystroke monitors? What about GPS trackers on their ex's vehicle or cell phone? Many of these activities still reside in legal gray areas.
Attorneys advise their clients to avoid making rash decisions to spy on their spouses, primarily because obtaining evidence through illegal procedures can thoroughly destroy their clients' credibility in court.
Source: The Wall Street Journal, "Why hiding money from your spouse has gotten a lot harder," Veronica Dagher, April 30, 2012
]]>The split will cost Millan, also known as The Dog Whisperer, about $400,000 up front, along with $23,000 in alimony and $10,000 per month in child support for the couple's two sons. The pair had been married for 16 years before the woman filed for divorce in 2010. They were married in 1994 before he became famous for his animal-training abilities.
]]> The 42-year-old television sensation seems to be able to afford such a steep sum, considering that he hauls in about $170,000 per week, according to financial experts. He has experienced great professional success, having reportedly trained actor Will Smith's dogs, along with those belonging to a variety of other celebrities. Millan has become famous through his television show and other animal-training products.Court documents distributed through media outlet TMZ stipulate that the woman has agreed to keep private any intimate or personal information related to their relationship, even if it likely would not damage the man's career. That includes information about the physical and emotional nature of their relationship.
Photographs, film and other recordings that are not already commercially available must also remain secret, according to the divorce decree. The nature of the secret material was not revealed in court, but it is clear that Millan wants to maintain his privacy throughout the divorce proceedings, even after the couple officially calls it quits.
The couple had decided to divorce in June 2010, though the divorce documents have just now been approved. Millan's ex-wife sought primary custody of their two boys, but he will retain extensive visitation rights. The couple has said that they are committed to co-parenting the youngsters in spite of their decision to break up. They also reportedly want to stay friends despite the split.
Source: Fox News Latino, "Dog Whisperer facing big payout in divorce," April 23, 2012
Source: Mail Online, "Ruff justice! Dog Whisperer Cesar Millan to pay his wife $400,000 divorce settlement," Mike Larkin, April 21, 2012
]]>The women, aged 29 and 32, were married in 2008 in San Francisco. They filed for divorce in 2010 after the relationship deteriorated, according to their attorneys. A Maryland judge refused to hear the case in 2010, saying that state law prevented a decision in same-sex marriages.
]]> The high court heard arguments in the case during early April, though it is unclear when a ruling will be issued.Legal experts say that the ruling will likely have little relevance outside of the state of Maryland because federal guidelines permit states to define marriage in whatever way they choose. The 1996 Defense of Marriage Act prohibits federal recognition of same-sex unions and it allows states to ignore the definitions of marriage enacted by other jurisdictions. That bill was signed into law by then-President Bill Clinton.
Advocates within the gay community say the situation is particularly difficult for same-sex couples that are mobile because of family or job issues. They also say that courts, even in Maryland, have ruled inconsistently on the issue, which can confuse couples who are attempting to legally separate in a new state. Gay rights supporters say that divorce is difficult enough without same-sex couples facing the possibility that their legal union may not be dissolved in their current state of residence.
Maryland lawmakers recently signed into law a bill that will permit same-sex marriage. That measure, however, will not take effect until 2013, too late for the two women named in the case. The law is heavily contested by Maryland voters, some of which are attempting to make the issue a ballot referendum. Those efforts have further complicated the case.
Source: CNN, "Maryland high court to hear same-sex divorce case," David Arisoto, April 11, 2012
]]>A recent study by the America Academy of Matrimonial Lawyers found that more than 80 percent of divorce lawyers have noticed a significant increase in evidence garnered from social networking sites in the last six years. Photos or location updates on those sites have jeopardized alimony payments, child custody arrangements, divorce agreements and child support. Can you imagine what your ex-spouse's attorney could do with photos of you from your Facebook page that show you partying with several alcoholic beverages while you had custody of your small child? It might very well be enough to transfer custody of your child from one parent to the other.
]]> A good rule of thumb to remember before you post anything is that social media outlets are being used as evidence in divorce cases. Emotions are running high already; don't add fuel to the fire. Don't do anything that would incriminate you or instigate a fight with your ex or soon-to-be-ex spouse.Some sites automatically reveal your location when you upload a photo. Just don't allow that to happen. Especially if you are somewhere you're not supposed to be. Wait until you get home to upload photos.
Unfortunately, social media sites make your friends choose sides. Keep your networks as separate from your exes as possible. And for goodness sake, don't be in a hurry to change your status from "married" to "single."
Source: The Huffington Post, "Don't Let Social Media Sabotage Your Divorce," Bari Zell Weinberger, April 24, 2012
]]>Advocates for the program say that everyone involved in the child support system will benefit from the new rules. When inmates are released, they say, more of them will be able to make legitimate child support payments because they won't be hobbled by the thousands of dollars that can accrue in late charges. It is thus more likely that families will actually receive the money owed, instead of having to pursue action through the courts.
]]> Additionally, when the inmates are released, they will be more likely to find adequate housing and job opportunities because they will not be saddled with child support debt, which can often impact credit scores, leading to increased unemployment.Currently, certain inmates are allowed to suspend their child support payments, though the process is arduous and requires a great deal of paperwork and judicial consideration. By changing the rule, advocates say that the red tape that prevents many inmates from pursuing this course of action will be removed, which will not only provide a benefit for the prisoners, but will also save the courts money.
The program will be made available to prisoners who are serving sentences of 18 months or longer, according to official reports.
Critics of the measure say that inmates should be held responsible for paying child support regardless of their financial situation. The bill is simply coddling inmates, according to some financial conservatives, who worry that families who are not receiving child support will simply rely on welfare and other programs that provide government assistance.
Source: The Washington Times, "Bill to relieve Maryland inmates of child support passes," David Hill, April 4, 2012
]]>This special situation has been publicly played out through Christie Brinkley's high-profile divorce from her ex-husband Peter Cook. Experts say that the pair failed to adequately protect their children's feelings during the divorce, instead choosing to smear each other in the media.
]]> Parents need to keep in mind that when they criticize the other spouse, they are in fact criticizing a fundamental component of their children themselves. Kids share DNA from both parents and hurting the other parent can often lead to harming the child, as well. Children tend to associate the negative traits that are identified in one parent with negative traits that they also possess. In essence, in criticizing the spouse, a person is effectively criticizing elements of the child's personality as well.Teenagers exist in a fragile social and emotional environment to begin with. Divorce can often add to the difficulty of growing up and developing into an adult. Publicly spiteful parents can create a situation that quickly overwhelms any child, but teens seem to be particularly affected. Furthermore, an acrimonious divorce can lead teens to lose faith in love as a whole. When a parent embarrasses other members of the family, the children tend to develop a distrust for intimacy. After all, parents are supposed to support their families, not tear them down.
Kids of divorce also require a great deal of privacy. They don't want other people to see their home as broken or failed and they fear being ostracized because of their parents' divorce. By making the process public, parents violate their children's trust and open the door for teasing at school.
Finally, parents need to be aware that their children need to express their feelings about the divorce. When a child hears one parent insulting the other, they fear revealing their emotions and lose the ability to confide in their family members. The child sees the parents exposing sensitive emotional information in a public forum and they believe that this will happen to them if they share their feelings.
Although some divorces may involve bitter resentment, parents need to recognize that their actions can have acute and lasting effects upon the mental and emotional stability of their children. Even though the marriage may not have worked, kids need to have faith that their parents still care about them and will provide security.
Source: Huffington Post, "How is Christie Brinkley's divorce affecting her kids?" M. Gary Neuman, March 31, 2012
]]>Annapolis couples need to think about their filing status, child support payments, alimony contributions and other important factors before submitting tax documents. Advisers say that some pairs may need to squelch their personal disagreements during this time to guarantee financial success for both parties.
]]> First, couples should consider filing jointly, even if there is significant marital discord. Married people who file jointly are more likely to obtain greater financial benefits than those who are single. For example, pairs who are married can access the $2,500 education credit provided to those whose spouse or children are still in college. A couple who files "married filing separately" also cannot deduct student loan interest, which can pose a significant financial barrier.Furthermore, passive income sources such as IRAs and other non-liquid assets can suffer if mismanaged during the divorce process. Penalties abound for those who choose to empty their retirement accounts early.
One of the most significant financial decisions during a divorce, though, is determining which spouse is allowed to claim children on their tax return. Generally, only custodial parents can claim the children as an exemption. However, that parent can surrender this right by submitting a signed release form, which would allow the non-custodial parent to claim the dependents.
Experts recommend that divorced parents alternate years during which they claim the children as tax exemptions. Each child can net up to $3,700 in deductions, which can add up to huge financial benefits.
Source: ABC2News, "Tax season adds to stress of a dissolving marriage," Tim Grant, March 26, 2012
]]>The woman took the boy at about 8 a.m. on March 15, driving away in a black Mercedes 190 Class with Maryland license plates. The police discovered later in the day that the 36-year-old woman had no custodial rights, and officials issued an Amber Alert for the boy. Lighted highway signs placed on highways throughout Maryland reportedly aided in the search.
]]> The woman had claimed that she was picking up her third-grade son for a doctor's appointment, according to school records. About 15 hours later, the pair was discovered in Reno, although officials are not entirely sure why the woman fled to Nevada.Local police are still investigating how the woman was permitted to take the boy even though she did not have custody rights. The school system is also involved in that process. Officials from the school district told news reporters that they were actively assisting with the investigation while the boy was still missing. The school's principal said she was not entirely sure how the woman was able to make off with the boy and the circumstances surrounding the event were still being evaluated.
Advocates say that such events are common in the United States; more than 400,000 parental kidnappings happen every year. In most cases, those parents do not share custody of their child. About half of the crimes are committed by fathers, and half are committed by mothers. Representatives from the Children's Rights Council said these kidnappings are a serious problem that should be addressed by school officials and local authorities.
Source: CBS Baltimore, "Boy taken from Landover school by his mother found safe in Nevada," March 16, 2012.
Source: The Washington Post, "Amber Alert canceled: Prince George's County boy taken by his mother found in Reno," Clarence Williams, March 15, 2012.
]]>New research indicates that an increasing number of older people are divorcing. During the past 20 years, divorce rates for people between the ages of 48 and 66 have risen by nearly 50 percent, according to census officials.
]]> Financial planners say that they can generally guide couples through the process with a great deal of care and personal support. Sometimes, though, they choose to refer their clients to another adviser because of their previous relationship with the couple, saying that the emotional component of the process is too overwhelming.This situation becomes particularly tricky when one member of the couple comes to visit the financial adviser, leaving the other out of the process. Many financial planners say they would rather refer a client and lose that person's business instead of facing a lawsuit. Sometimes one member of the couple will claim that the financial adviser unfairly sided with the other party, which can lead to drawn-out legal battles.
Although divorce can be unexpected, advisers encourage all couples to be prepared in the event it happens to them. A good resource for property and asset division questions is a Certified Divorce Financial Analyst. This growing niche of financial planning allows analysts to become experts in divorce law and financial requirements through a four-part course.
Today, there are 1,500 CDFAs in the United States and Canada. These advisers are qualified to help not only with the technical financial aspect of a divorce, but they have also been trained in providing emotional support and remaining sensitive to their clients' needs during these difficult times. By preemptively discussing asset division with a CDFA, divorcing couples may be able to avoid litigation.
Ultimately, a visit to the financial planner is in order if a couple is anticipating dividing IRAs, pensions, or large assets such as homes and vehicles. Stocks and other assets can also be difficult to distribute. Even in a friendly divorce, it can sometimes be split to divide the couple's property evenly, which is why both parties need to remain flexible and attempt to curb their emotional ties to their holdings.
Source: Huffington Post, "Divorce Retirement: Financial Advisers Face Challenges When Couples Split Later," Jessica Toonkel, March 12, 2012
]]>While courts in all 50 states consider pets to be property, attorneys say property disputes over who gets the pets are more like child custody battles than fights over who gets the dining room set.
]]> And, judges are starting to see things differently, too. One attorney believes that as more people are willing to admit how emotionally attached they are to their pets, judges are giving the animals "greater consideration under the law."During a 2006 survey, about 400 members of the American Academy of Matrimonial Lawyers said in the past five years they had seen a noticeable increase in pet custody cases. The president of the AAML says he has no doubt the next survey will show even more of an increase than before.
In addition to traditional couples going through a divorce, people ending domestic partnerships, same-sex marriages and civil unions are also going to court in an effort to keep their pets. The end of such relationships is part of the reason why pet custody cases are on the rise, attorneys say.
One attorney says he has seen a 15 percent increase in the number of pet custody cases coming through his door in the last five years. And, when his own relationship ended, he had to work out custody of his longhaired standard black-and-tan dachshund.
He and his former partner planned every detail including vacations and holiday schedules, boarding, food, grooming, and end-of-life decisions. They split the costs of caring for the dog and often buy duplicate toys, bowls and leashes so the dog has one at each home.
While attorneys can help clients decide pet custody in a fair and rational manner, couples are better off if they can work it out themselves. The legal system currently does not recognize pet visitation.
Often, if there is a child involved, judges will keep the pet with the child. Some attorneys predict there will be additional statutes guiding pet custody in the future. Already, some states have started including pets in domestic violence restraining orders, so abusers cannot harm the animals.
Source: The Boston Globe, "Divorce lawyers: Pet custody cases increasing," Sue Manning, Feb. 28, 2012
]]>While attorneys can help couples handle complex matters such as these, it is a good idea for people at the beginning of the divorce process to have an appraiser or real estate agent give them an estimate of what their house is worth.
]]> If they owe more than the current value of the home, they will need to look at options such as a mortgage modification or a short sale. Both processes take several months to resolve, which may be a factor in the divorce proceedings.Even if the couple can work out a short sale deal with their bank, cancelled debt has serious tax implications. In the past, the IRS has treated cancelled debt as income. So, if a couple owes $1 million on a mortgage and the bank goes along with selling the house to a new buyer for $600,000, the couple could have to pay income taxes on the $400,000.
The Mortgage Forgiveness Debt Relief Act Congress passed in 2007 does offer some help for couples in that situation. Mortgage debt cancelled between 2007 and 2012 does not count as income as long as it is less than $2 million per couple. However, home equity loans are not eligible unless the couple can prove they used the money exclusively for home improvements.
While moving out of an underwater house may seem like a good idea, couples should think twice about it, especially if they have children. If both parents move, they have to find two new residences and pay two sets of moving expenses. They will need to coordinate living arrangements so their children can stay in the same schools and they live close enough to share custody.
Instead, they may be better off trying to modify their mortgage so that one of the parents can continue living in the house until the home's value rebounds.
Source: LoanSafe.org, "A Divorce and A House Worth Less Than The Mortgage," Alex Ferreras, Feb. 23, 2012
]]>Maryland House Bill 986 says children older than 18 years of age have the right to ask for child support from both parents, if they are enrolled in college or other postsecondary education institutions. If the bill passes as it is written, the support would terminate when the child turns 21, marries, graduates or dies.
]]> Critics say the bill discriminates against divorced parents. Parents who are still married do not have a legal obligation to support their adult children or pay their college costs.If a child chooses to take college courses that a parent does not approve of, married parents have the right to tell their child they will not provide financial support for them. If House Bill 986 passes, critics fear divorced parents will lose that right.
In addition to potentially forcing parents to support adult children who do not treat them with respect, opponents of the bill fear that it will have other unintended negative impacts.
For example, if non-custodial parents end up handing payments over to their ex-spouse, the former spouse then has the opportunity to misuse the funds. If that happens, the child may actually have less of an opportunity to get a college education.
Another fear is that judges will force aging parents to foot their child's college bills, even though they may not be able to afford to do so.
In 2010, legislators in the neighboring state of Virginia proposed a similar bill. That bill was shot down after numerous constituents vocally opposed it. The Virginia bill also drew the wrath of several prominent commentators.
Several other states have similar laws in place. So far, the U.S. Supreme Court has not weighed in on whether the laws are constitutional.
Source: OpenMarket.org, "Maryland Weighs Discriminatory College Child Support Mandate," Hans Bader, Feb. 14, 2012
]]>A 46-year-old Maryland man is behind bars in Michigan after he allegedly kidnapped his 11-year-old daughter. According to police reports, the Rockville, Maryland, man did not have joint custody of his daughter when he took her from her home in Auburn Hills, Michigan.
]]> The girl disappeared from her home sometime between 4 and 8:00 a.m. on Feb. 5, 2012, police say. Her family reported her missing at 8:00 a.m. In a press release, Auburn Hills police officers said they suspected she was with her father, even though he does not have child custody.About 12 hours after her family reported her missing, the girl was found with her father at an Auburn Hills home. According to the Auburn Hills Police Department, members of the public called police with numerous tips, leading to the child's safe return. The girl had not been injured.
Her father was arrested and charged with kidnapping, which is considered a felony. If he is convicted, he could be sentenced to prison for up to one year and one day. He also can be fined up to $2,000.
At the Maryland man's arraignment on Feb. 8, 2012, a Michigan district judge set his bond at $10,000. He must pay the full amount to be released from jail.
According to court records, the Maryland man was in Michigan for a court appearance in a criminal case involving drug charges. He has also been charged with armed robbery in the past.
Law enforcement officials in Auburn Hills, Troy, Southfield and Bloomfield Township, Michigan, were also involved in the search, as well as, the Maryland State Police and law enforcement officials in Montgomery County, Maryland. The U.S. Marshall's Office and the National Center for Missing and Exploited Children also provided assistance.
Source: The Oakland Press, "Bond set at $10,000 for father accused of kidnapping Auburn Hills daughter," Dave Phillips, Feb. 8, 2012
]]>The department says the delinquent child support collection is the largest such payment of its kind in the state's history.
]]> Officials for the department say the payment demonstrates the progress the state is making toward improving its child support collection record. In December 2011, the department announced it wants to be one of the top 10 states for child support collection within 18 months. To achieve those goals, a new executive director was hired and the department instituted numerous changes.The head of the Department of Human Resources says the agency is "leaving no stone unturned" in its effort to collect child support due to Maryland children.
The key to the $400,000 collection was increasing cooperation with other states. In December 2010, Maryland officials began working with officials in the state where the delinquent parent lives.
In June 2011, several of the individual's private bank accounts were frozen. The state seized enough funds to cover the overdue payments in December 2011.
The department's efforts also included using enforcement tools more effectively. The state is garnishing wages and bank accounts more frequently. It is also suspending professional licenses for parents who owe child support.
Additionally, the department is working to adopt best practices and streamline its operations. It hopes to be able to distribute child support payments more quickly, and increase the amount of support it collects.
According to the department's spokesperson, it is already seeing results. It has currently collected $2 million more in fiscal year 2012 than it had at the same point in fiscal year 2011.
Source: Maryland Department of Human Resources, "Department of Human Resources Announces Largest Child Support Collection in Maryland History," Jan. 30, 2012
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