The two were married in August 2011, but just a few months later Kardashian decided to file for divorce. Humphries asked for an annulment, claiming that their marriage was actually a fraud, staged for Kardashian's reality show. She denied those allegations and sought a traditional divorce and alimony. The terms of the settlement were not revealed, but whatever they were, it certainly took a while to arrive at an agreement. While the marriage lasted only 72 days, negotiations took 536 days.
]]> While most divorce negotiations won't last more than seven times as long as the marriage itself, sometimes it takes a while to come to an agreement regarding spousal support. It takes time to evaluate factors such as standard of living and cost of living to determine a reasonable monthly payment, and the process is often emotionally charged and can be contentious.In addition, there are many complex issues involved in spousal support. One common problem is imputation of income. If someone owns a business, they might be able to hide income during support proceedings, and it can require a lot of work and specialized expertise to track down that hidden income.
Down the road, another issue that may arise is spousal support modification. Sometimes circumstances of the supporting spouse change, making it difficult for them to fulfill their legal obligation for alimony. For example, in the past few years, unemployment and layoffs have created a substantial problem in Dutchess County. Someone who loses a job or experiences a major decrease in income may feel the need to seek downward modifications in the financial support they are paying.
While some divorce situations are more complicated than others, it can be helpful to seek experienced legal counsel when dealing with divorce and spousal support issues.
Source: Associated Press, "Kim Kardashian's divorce is final," Linda Deutsch, April 19, 2013
]]>This division of labor is hardly an automatic assumption these days. Much of the time, both parents work outside the home; it is not unheard of for men to stay home while their wives work and earn most of the family's income.
]]> When that happens and a couple divorces, it is entirely conceivable that a woman could be required to pay alimony to her former husband. In fact, almost 40 percent of working women earn more than their husbands do.The whole idea of spousal support was to recognize the role of a stay-at-home spouse -- usually the wife -- in a marriage. Wives would be the masters of their realms at home, while husbands would earn the money. This meant that a split would leave the wife without income and gave her something to show for her years of hard work.
As marriage has changed, the concept of permanent alimony now seems like an outdated one. Many women who became the second wife to their husband don't think it's fair that their family income might still go toward the first wife. Of course, it may be justified in some cases; every marriage is different.
Source: Time, "The De-Gendering of Divorce: Wives Pay Ex-Husbands Alimony Too," Liza Mundy, May 16, 2013
]]>One man in Rockland County found out firsthand what happens when child support is not paid on time. In most cases, individuals are permitted to accrue arrears, which should be paid on over time in an effort to bring the child support account current. However, when thousands of dollars are owed, and no effort to pay has been seen, legal action becomes necessary.
]]> In this particular case, the noncustodial parent owed over $7,000 to the custodial parent and social services combined. Failure to pay child support can result in the loss of a driver's license in some counties. However, when the amount is significant, as it was in this case, arrest warrants are often issued.Custodial parents are often stretched to the limit financially. When a non-custodial parent doesn't live up to his or her legally obligated child support payments, it ends up hurting the people who can least afford it -- namely, the children.
Life often gets in the way of things like child support -- with unemployment becoming rampant in some places, some people might no longer be able to pay what they are supposed to. However, other people can and do conceal income in order to claim to be unable to pay what they have been ordered to.
Source: Nanuet Patch, "Sheriff's Department: 2 Charged on Warrants," William Demarest, April 10, 2013
]]>Aniston has been engaged to actor Justin Theroux since last year. Sources say that although Theroux offered to sign a prenup, Aniston declined. Some say she wants to put her relationship first, not her assets. As we have all read about in several other celebrity splits, however, not having a prenup can be extremely costly for the spouse who is worth more.
]]> In this case, various reports have estimated that Aniston could end up being ordered to pay Theroux $150 million if they ever divorce. Although some may see refusing a prenup as a way to put love first, others know that protecting the assets you've accumulated throughout your lifetime can be important too.While some still see prenups as an offensive tactic, the contracts are fortunately becoming increasingly common and understood among couples. For example, if you spent years building a company before you even met your spouse, it makes sense that you would want to ensure that you will get to maintain your stake in it if you divorce. In Aniston's case, she has spent years working as an actress to build up the fortune she has acquired. No one would think twice if she wanted to protect at least some if it in case of a divorce.
Ultimately, the decision to sign a prenuptial agreement is up to the spouses involved. However, if either spouse has significant assets, it may be worth taking the small step to protect them.
Source: Christian Post, "Jennifer Aniston Declines Prenup: Justin Theroux Divorce Could Cost $150 Million," Benge Nsenduluka, May 1, 2013
]]>Whether or not the McCourts' divorce will stand hinges on the value of the Dodgers and whether Frank was truthful about how much the team was worth. Just after they settled their divorce, Frank sold the team for $2 billion. Although documents filed during their divorce show that Frank value the team and all that goes with it at $2 billion, Jamie claims she was led to believe it was only worth $300 million. Now, she says she deserves $770 million more than what she got.
]]> While the couple was married, they signed a post-nuptial agreement that stated that Frank would remain the sole owner of the baseball team and Jamie would not be considered even a partial owner. During their initial divorce hearings, however, a judge tossed it, saying it was invalid. That agreement could come up again if the McCourts have to go back to court. Wednesday marked the end of court hearings to determine whether the divorce agreement will stand as is.In high-asset divorces like this one, property division often takes center stage. When a couple has acquired a substantial amount of assets, however, it can make things complicated. One way to protect yourself from a difficult situation like this one is to sign a prenuptial agreement before getting married. As we saw in this case, courts often rule that agreements signed after marriage are invalid. If you have decided to divorce and do not have a prenup, it is important to work with an attorney to ensure that your best interests are protected.
Source: CBS Sports, "McCourt's ex-wife wants Dodgers divorce settlement tossed," April 24, 2013
]]>Yesterday, an appeals court in New York ruled that a father who is worth around $20 million does not have to pay child support to his ex, who made no money other than $6,000 a month in child support payments -- a combination of payments from the man in this case and her daughter's father. Without payments from her son's father, she would only make $1,000 a month. While some people may be shocked by this ruling, let's take a look at the law that came into play.
]]> In yesterday's ruling, the court cited the Child Support Standards Act of 1989 when it ruled that the father did not owe child support. Under the former couple's current arrangement, the father has custody of their 9-year-old son during the school year, and the mother has custody during summers. According to the Child Support Standards Act, custodial parents cannot be ordered to pay child support. Because the father has primary custody of the child for approximately nine months out of the year, the court determined that he qualified as a custodial parent.As is apparent in this case, it is important for parents to fully understand the laws surrounding child support and child custody before making decisions on how to handle them. When working through these family law issues, it is a good idea to speak to an attorney.
Source: Thomson Reuters News & Insight, "Millionaire parent doesn't have to pay child support: appeals court," Jessica Dye, April 18, 2013
]]>As we already know from the New York woman's story, a prenuptial agreement must be signed willingly by both parties. Additionally, the prenup must fully disclose the assets of both spouses. Just like in a divorce, a prenup can only be fairly upheld if everything is reported correctly. Hiding assets from a spouse in order to get a better deal will quickly leave you starting a divorce from scratch.
]]> Next, a prenup should be filed correctly and with proper legal counsel. Both spouses should have their own attorney help them through the process of drafting a prenup. Once an agreement has been made, an attorney should read over the final version and help you file it correctly. Even small errors in wording or missing details can cause trouble if you decide to divorce.Finally, your prenup needs to make sense. If your spouse makes $5 million a year, but the prenup says he or she won't have to pay child support or alimony, it's likely that a judge will toss it out. Judges have been known to throw out some prenups because of bizarre stipulations as well, so if you include a provision about your spouse needing to maintain a certain weight during your marriage, for example, you're likely to end up starting all over should you decide to divorce.
In the end, your prenup should make sense and be fair. Working with an attorney during the process is a good way to make sure you set yourself up for success if you need to divorce.
Source: Forbes, "Five Reasons Your Prenup Might Be Invalid," Jeff Landers, April 2, 2013
]]>According to a recent article in Forbes, the couple is set to have the most expensive divorce ever. The husband, an oil mogul, and his wife are divorcing. He is reportedly worth $11.3 billion, most of which comes from his 68 percent stake in Continental Resources -- the company he founded. However, he and his wife did not create a prenuptial agreement, meaning this high-net-worth divorce could leave her with $5 billion.
]]> While nothing has been decided yet, it is entirely possible that the oil mogul's wife could end up getting half of her husband's stake in Continental Resources. If this happens, he will no longer control the company. It will be interesting to see how they work out property division in this divorce.As this divorce case shows, a prenuptial agreement is worth considering for some couples. If one spouse owns a business, is expecting to receive a large inheritance, or is simply worth a lot of money, a prenuptial agreement can help protect those assets should a divorce be necessary down the road.
Source: Forbes, "Tax Bite On Oil Billionaire Harold Hamm's Record $5B Divorce," Robert W. Wood," March 25, 2013
]]>Many people in New York know what it is like to watch their parents get divorced. If you do, remember what it felt like. You probably experienced a total upheaval of your life. You had to start splitting time between two homes, holiday traditions were broken, and you had to get used to the fact that your parents broke up. While these situations are inevitable in divorce, the way you talk to your children about it can help ease them through the process.
]]> In a recent Huffington Post article, a divorce and parenting coach offers some tips to parents who are getting divorced. First and foremost, she says, parents must talk with their children, not at them. It's important to let your children know that you are there to listen to them. Help them feel comfortable talking to you about the divorce by telling them a few things you've been feeling. Be honest, but don't bash your ex -- your children deserve to love their other parent without feeling bad about it.While some parents have already established a relationship with their children that fosters open communication, some have not. If you haven't, take your divorce as an opportunity to do that. Make sure you're age-appropriate in your communications, but be respectful and forthcoming. Hopefully, with some effort, you and your children will be able to establish a bond that helps both of you through the life change of divorce.
Source: Huffington Post, "Talk 'To', Not 'At', Your Child During And After Divorce," Rosalind Sedacca, March 23, 2013
]]>Among those other aspects are your finances. In fact, your finances can play a huge role in the property division aspect of divorce, so even if you're only considering divorce, it's important to take some time to prepare.
]]> First, start saving money now. Even if you expect to get spousal and child support, you may still end up living on less than you do now, so you'll be happy to have some money set aside. As you're putting aside money, though, don't go too far. Depleting a joint back account will look bad in court.Next, make sure your records are detailed and up to date. Gather up your credit card statements, tax returns and end-of-year statements to get a good picture of your expenses. Giving the judge a detailed budget that you live by can help in determining alimony and child support.
Finally, talk to an attorney. Before you even make a final decision, it's good to speak with a divorce attorney to make sure you know what to expect. Getting a good understanding of the process you'll have to go through is the best way to make sure you go into divorce as prepared as possible.
Source: Fox Business, "4 Financial Steps to Take if You're Considering a Divorce," March 12, 2013
]]>Usually, a prenup has to be outrageous or unreasonable, perhaps forbidding a nonworking spouse to collect alimony, in order to be invalidated. In rare cases, if it is proven that one spouse was wrongly coerced into signing a prenup, the document may be voided. This is exactly what happened in a recent New York divorce case.
]]> A wealthy real estate mogul and his wife recently decided to divorce. During the proceedings, the wife claimed that her husband coerced her into signing a prenuptial agreement four days before their wedding. At that point, she argued, her father had already paid for the reception, so she felt like she couldn't say no. She went on to tell the court that her husband told her he would tear up the prenup if they had children. They have three.A Brooklyn Appellate Court panel reviewed the case and ruled that the wife had been "fraudulently induced" to sign the document. What is interesting about this case is that the court has never before ruled in favor of a verbal agreement over a written prenup. Some say the unprecedented ruling could lead to a huge influx of people wanting to have their prenups thrown out. It will be interesting to see how this ruling affects the validity of prenuptial agreements in New York.
Source: New York Post, "Rush to the 'alter': Preup nix triggers flood of divorce $eekers," Kieran Crowley and Dan Mangan, March 12, 2013
]]>In a current case in New York, we see just how far some parents will go to avoid paying child support. Recently, a man considered to be the "Most Wanted Deadbeat Parent" in the country admitted to evading child support. He owes $1.2 million and went to great lengths to avoid paying it.
]]> Warrants for the man's arrest were issued in both 2000 and 2002. The 50-year-old father admitted to prosecutors recently that in order to avoid being arrested, he moved to Florida then left the country. After more than 20 years of doing everything he could think of to avoid paying support to his three children, he was caught trying to enter the Philippines in November. Officials there deported him the U.S. He recently pleaded guilty to evasion of child support, for which he could get up to four years in jail. He will be sentenced in May.Sadly, this man seemed to care so little about his children that he ran away for more than two decades to avoid supporting them. Now that he is caught, however, hopefully he will be forced to begin paying them back.
Source: CNN, "Man pleads guilty to owing $1.2 million in child support," Julia Talanova, Feb. 22, 2013
]]>While this may not seem like a common problem, the latest statistics show that divorce has become increasingly common among baby boomers. In fact, just 20 years ago, only 10 percent of divorces were between people older than 50. Today, however, they make up closer to 25 percent.
]]> So, why are these long-term marriages coming to an end? Researchers say there are a few reasons. For starters, divorce has become much more socially acceptable than it used to be. Because of this, spouses are less likely to force themselves to stay in an unhappy marriage. Similarly, now that many women work outside the home, fewer worry about the financial aspect of divorce.No matter why these marriages end, the end of a long-term marriage brings different challenges than those of shorter marriages. As we mentioned above, asset division will likely take center stage in the divorce. You'll have to decide what to do with a home you may have lived in for decades, or how to deal with a life insurance policy as well as health insurance. Because a high-asset divorce can be very complex, it's important that both parties protect their best interests by speaking with an experienced divorce attorney.
Source: Chicago Tribune, "Post-50 divorce rate doubled in 20 years," Leslie Mann, Feb. 27, 2013
]]>Fraser and his ex have not always agreed on things in the past. Earlier this month, Afton Smith told a court that Fraser failed to report $9 million in earnings from new film contracts. In their 2009 divorce settlement, Fraser said he had no definite income for the near future because he had no acting jobs in place. Since then he has worked on three films. It will be interesting to see what the judge decides when Fraser testifies later this month.
]]> Situations like this are not uncommon in New York. While they don't always involve millions of dollars, a parent's situation can change leading to reduced income or unemployment. If it becomes impossible to keep up with child support because of a major financial change, it may be appropriate to seek a modification. However, it's important to remember that child support is ultimately about the children, not the parents.Parents who receive child support often rely on that money to pay for necessities like education, food and clothing. When they don't get the money they are owed, it can make home life very stressful for both them and their children. If a noncustodial parent truly cannot meet the court-ordered requirements, it will be up to a judge to decide if a child support order can be modified.
Source: Huffington Post, "Brendan Fraser Broke, Can't Afford $900,000 Child Support Payment to Ex-Wife," Feb. 15, 2013
]]>While every parent wants unlimited time with their children, that is not how child custody arrangements work. As divorced parents in New York know, a custody schedule needs to be set as part of a divorce. This means that you may not be able to see your children as much as you'd like. It also means that your relationship with your children may change some. But change isn't always bad.
]]> There are several ways that divorced parents can approach their new family structure that can help both them and their children through a sometimes-difficult transition. A recent article in the Huffington Post suggests a few ways to do this, and communication was a theme throughout. Talk to your ex about when you need to drop off or pick up the kids -- it's important to maintain a predictable schedule so everyone is on the same page. Talk to your kids about how their day was. Staying in touch and showing interest in their lives throughout the divorce and after can help you maintain a strong bond with your children, and in today's digital world there are plenty of ways to keep communication lines open.Going through a divorce can be challenging for you and your kids, but it's important to remember that you can still have a healthy relationship with them while working within the confines of a custody arrangement.
Source: Huffington Post, "Part Time Presence, Full Time Parent," Marie Hartwell-Walker, Ed.D., Feb. 7, 2013
]]>