The alimony reforms began when citizens and family law attorneys began to call attention to spousal support laws that dated back several decades. Such laws, created when women were less likely to work outside the home, were written with the goal of ensuring women's financial stability following a divorce. But reform advocates say that today, when the majority of women work and when salaries for women have increased, those old laws are no longer applicable.
]]> Specifically, advocates have targeted judges' ability to grant permanent, lifetime alimony awards to spouses who are capable of supporting themselves. In addition, they claim that judges have too much discretion when ordering spousal support.Critics of the proposed changes say that there is no need to tell judges how to do their jobs, and new alimony laws may actually prevent judges from making the best decision for the circumstances in some situations. "It really is an unnecessary exercise in trying to control judges' decisions." said Kenneth Altshuler. "There's really no need for legislatures to dictate to judges that in certain situations there shouldn't be lifetime alimony."
Attorney and law professor Wendy Murphy agrees, stating that the proposed laws create "arbitrary lines that treat everybody alike," she said. "When you're talking about families where every single case is different, judges need discretion."
Source: USA Today, "Should alimony laws be changed?" Yamiche Alcindor, Jan. 18, 2012
]]>The divorce study reportedly involved a detailed examination of the self-reported health information of more than 1,280 study participants. Over the 15-year duration of the study, researchers analyzed the participants' health data, comparing couples who divorced and who remained married.
]]> In the study, researchers reportedly found that the divorced couples who had ended their marriage at a younger age tended to suffer from more health issues and ailments than people who divorced when they were older when they split.While researchers did not state the specific health problems from which study participants suffered, they seemed to insinuate that the ailments were related to stress. Specifically, researchers stated that older people may simply be better equipped to handle and deal with the stress of divorce than younger people.
In addition, the researchers also stated that older people who remained in bad marriages experienced many years of pressure to stay in their relationships. This led them to be more unhappy than younger couples, and likely also led to greater feelings of relief and happiness in older people after their divorce. Because people who had not been married as long did not have such levels of relief, this may also explain the disparity between age groups.
Source: Huffington Post, "Divorce Study: Splitting More Painful At Younger Age," Jan. 30, 2012
]]>In addition, if you decide to change your name following a divorce or legal separation, it is important to be thorough in order to avoid any future complications. Specifically, with tax season approaching, it is essential that you change your name with the appropriate federal agencies to avoid any unnecessary audits or other delays in the processing of your income tax filing and return.
]]> If your name has changed since your last income tax filing, whether due to marriage or divorce, you should notify the Social Security Administration of your name change as soon as possible. If the name on your IRS forms does not match the name on your Social Security card, you may run into problems or delays.However, it is relatively easy to change your name with the SSA. Either go to your local Atlanta SSA office or obtain a Form SS-5 on the SSA website. You can file the document in person or by mail. Just make sure to provide a copy of your marriage license or divorce decree as proof of your name change.
After you submit the form, you will receive a new Social Security card with the same number but with a new name.
Source: Patch, "Does the IRS Know You Changed Your Name?" Jan. 31, 2012
]]>There are many benefits to mediation in addition to those mentioned above. Most importantly, it allows couples to work out a divorce agreement that is specifically tailored to their family and financial situation. This allows couples to determine their family's future, instead of leaving it those key decisions up to a family court judge.
]]> However, mediation might not be for everyone, and this is why.First, couples who want to work together in mediation must be able to do just that. They certainly don't need to be in agreement on all matters and issues, but they must be able to negotiate amicably and compromise until they reach a solution. The trained mediator will be able to help guide couples away from any negotiation hazards or common pitfalls, but couples must have the ability and willingness to remain calm and reasonable during the mediation process.
Second, couples must have some issues to resolve. This seems like a no-brainer, but many people have an incorrect concept of mediation as a process for people who already have their divorce issues completely worked out. If that is the case, couples should simply submit their divorce settlement agreement for approval by a judge.
But for Atlanta couples who need to work out their child custody, child support, or property settlement agreement, mediation may be the right choice.
Source: The Huffington Post, "What Most People Don't Know About Divorce Mediation," J. Richard Kulerski and Kari Cornelison, Jan. 24, 2012
]]>The reason for this level of surprise was likely due to the many pictures painted by Klum and Seal throughout their marriage of their happy and loving relationship and family life. They held vow renewal ceremonies on each anniversary, and in interviews they repeatedly talked about one another with love and respect.
]]> However, as with all marriages, it seemed that the only ones who knew what was really going on were the people in it. According to an anonymous source, Seal had an unpredictable temper that ultimately motivated Klum's decision to file for divorce. "Seal's inability to control his anger has become too much for Heidi," the source told an entertainment website, "in no small part because it's affecting their children."It appears, then, that Seal's anger was Klum's 'deal breaker,' says an author quoted in a recent article in the Huffington Post. If so, it likely became impossible for her to look past it to see her husband's good points, ultimately leading the couple to divorce.
Klum and Seal were raising four children together: a daughter from Klum's previous relationship, as well as two boys and a girl born during the marriage.
Source: Huffington Post, "Heidi Klum And Seal Divorce Over This 'Deal Breaker,' What's Yours?" Jan. 23, 2012
]]>Throughout history, Americans have valued marriage very highly, believing that it is essential to the health and happiness of American families. But with the increasing number of couples who are choosing to cohabitate, many of whom have children outside of marriage, researchers decide to look into whether our long-held beliefs about marriage were accurate.
]]> The study was conducted through a sample of people who had responded to the National Survey of Families and Households. Of the 2,737 people studied, about 900 had either married or moved in with a partner during the previous six years. Researchers studied the participants' responses in key areas of well-being, focusing on questions on happiness, health and social ties, and compared single, cohabitating and married respondents.Both married and cohabitating couples reportedly experienced an increase in well-being directly after marrying or moving in together, researchers found. This correlated with the traditional notion of a "honeymoon period."
After that period ended, however, both couples experienced a decline in happiness and self-esteem. And while married couples saw an increase in health, cohabitating couples had greater levels of happiness and self-esteem. Researchers believe this is because cohabitation allows couples to maintain more autonomy and stronger social ties than people who are married.
What do you think? Are cohabitating couples happier than married couples?
Source: ScienceDaily, "Does Marriage Really Make People Happier? Study Finds Few Well-Being Advantages to Marriage Over Cohabitation," Jan. 18, 2012
]]>However, in the wake of her split from her husband, Vonn has reportedly been having one of her best skiing seasons to date. With six race wins, she is currently leading the overall World Cup standings by a significant margin, and is ranked in the top 15 in all four disciplines for the first time in her career. In addition, she has made history by becoming one of only five female skiers ever to win in all five skiing events.
]]> In an interview with the Associated Press, Vonn has cited her new coaching staff as a main reason for her success. "It has worked out really well," she said. "Especially considering everything that's been going on in my personal life, it's great to have a coach I can really rely on."Vonn is, of course, referring to her recent divorce from Thomas Vonn, her husband of four years. Although not an official U.S. Ski Team coach, Thomas had taken over the roles of personal coach and professional adviser for his wife following their 2007 marriage. He coordinated all of the logistical details of her career, leaving her free to focus on developing her skiing skill and technique.
However, it appears that her marriage may have been holding her back on the slopes. We wish her continued success in the remainder of the competition season.
Source: Huffington Post, "Lindsey Vonn's Divorce Isn't Hindering Performance," Andrew Dampf, Jan. 16, 2012
]]>The lawsuit is seeking an order requiring the state to provide lawyers for parents who are facing possible jail sentences for failure to pay child support. Specifically, the suit claims that indigent defendants in civil contempt claims filed by the state Department of Human Services should have the assistance of legal counsel. Georgia is one of few states that does not provide low-income parents with attorneys in these cases.
]]> The state has said that it will appeal the judge's ruling to the Georgia Supreme Court. It claims that it is barely able to afford to provide attorneys to indigent defendants in criminal cases.In June of this year, the United States Supreme Court heard a similar case brought by a South Carolina man who had been jailed for failure to pay child support. The court ruled that the man was not entitled to have an attorney to represent him in the case brought by his children's mother. However, the court specifically stated that that it was not deciding whether lawyers should be provided in cases in which state social services agencies are the plaintiffs, and are represented by attorneys. It is those cases, filed by the Georgia Department of Human Services, at issue in the current state lawsuit.
In its ruling, the Supreme Court noted that more than two-thirds of child support delinquency cases in the U.S. involve parents with income of less than $10,000 per year. Many have no income at all.
What do you think? Should the state provide lawyers to parents who fail to pay child support?
Source: The Atlanta Journal-Constitution, "Judge allows thousands to join child support lawsuit," Bill Rankin, Jan. 3, 2012
]]>But a new lawsuit is alleging that the state is using unconstitutional means to achieve these collection gains. Specifically, the suit says that the state's failure to provide defense attorneys for parents accused of failing to pay child support is an illegal infringement on those parents' rights. Recently, the plaintiffs in that suit scored a major win when a Fulton County Superior Court judge granted them class-action status.
]]> The lawsuit was brought by five parents who have been sentenced to jail after being convicted of contempt of court for failure to pay child support. They claim that, like any other defendants who face a potential jail sentence, they should have been provided a defense attorney if they could not afford one.As of October of last year, the presiding judge noted, there were almost 850 parents in jail in Georgia for failure to pay child support as a result of cases filed by lawyers representing the Georgia Department of Human Services. Approximately 3,500 parents have been sentenced to jail without legal representation since January 2011.
According to attorney Sarah Geraghty of the Southern Center for Human Rights, incarcerating defendants without providing them with an attorney is a flagrant violation of their rights. "Fairness requires that an indigent parent be appointed a lawyer in a case in which the state entity trying to send him to jail is represented by experienced, learned counsel," she said.
We will continue our discussion of this lawsuit in a second blog post later this week.
Source: The Atlanta Journal-Constitution, "Judge allows thousands to join child support lawsuit," Bill Rankin, Jan. 3, 2012
]]>However, this does not appear to be the case in one Georgia county. According to Georgia's Child Support Services, $31.5 million in child support was collected in Cobb County in 2010. This was a $3.3 million increase from the amount of child support collected in the county in 2009.
]]> The numbers for the state of Georgia as a whole reflect a similar trend. In 2010, about $675 million in child support was collected in Georgia, which was a $19.3 million increase from 2009.There are several reasons for the increase, according to Keigh Horton of the state child support services office. He says that former Georgia Governor Sonny Perdue's "Rapid Process Improvement Project" streamlined many of the legal processes surrounding child support. Previously, it could take up to 72 hours for a child support order to be established. Now, it often happens in less than 24 hours, if the custodial parent is prepared with paperwork and other information.
State officials also recently launched a program called GoodTransitions, which aims to help low-income, non-custodial parents train for and find jobs so they have a steady source of income from which to make child support payments.
Hopefully this trend continues in the coming year!
Source: The Marietta Daily Journal, "Child support payments up in Cobb, Ga.," Lindsay Field, Dec. 30, 2011
]]>This inference was made by a company called Identigene, which sells over the counter DNA paternity tests. According to the company's executive director, paternity test sales have spiked during the first quarter of the year in every year since the product became available to the public in 2007.
]]> In addition, Identigene also conducted a survey of approximately 1,000 people in December. About one in 10 respondents stated that they had been in a situation in which a paternity test would be called for, and about one in five stated that a family member or close friend had questioned the paternity of their child or children.The survey also found that about half of the respondents who had paternity questions planned to address and hopefully resolve them in the new year. But because paternity can be a daunting and often expensive process, many of the respondents stated that they were not sure of where to begin.
Whether you are the mother or purported father of the child, it will likely be in your benefit to resolve your paternity question. A single mother may not be able to receive child support without a paternity determination, and a purported father may not be granted child custody or visitation without first being declared the legitimate father. In the alternative, a man who has been declared the legal father may seek delegitimation if he is paying child support for a child that is not biologically his.
Source: 14 News, "Survey: 1 in 10 question paternity," Theresa Seiger, Dec. 27, 2011
]]>The man was reportedly going through an old chest of drawers a few days before Christmas when he came across letters written by his wife to a man that was not him. He confronted his 96-year-old wife with what he had found, and she confessed that she had been involved with another man during a secret affair in the 1940s. The husband became very upset about the 50-year-old betrayal, and decided to file for divorce.
]]> The couple, who met and married in the 1930s and who has since resided in Rome, has been married for 77 years. They have five children together, as well as 12 grandchildren and one great-grandchild.It is unlikely that the letters and affair admission are the sole reason for the split. Reports indicate that the couple has long had problems. Ten years ago, the husband left the couple's home in Rome and moved in with one of his sons. He returned home to his wife a few weeks later, but it is clear that their marriage never fully recovered.
With the divorce, the couple has stolen the title of oldest divorcees from a husband and wife who ended their marriage in 2009. Both were 98 years old at the time of their split.
Source: The Telegraph, "99-year-old divorces wife after he discovered 1940s affair," Nick Squires, Dec. 29, 2011
]]>Gibson married Robyn Moore in 1980, and the couple went on to have seven children together. Moore filed for divorce from Gibson in 2009. Of the couple's children, they only have one minor child, a 12-year-old boy, who is subject to a child custody agreement.
]]> Therefore, it was clear early on that the couple's joint and separate finances would be the greatest point of contention in their settlement talks. Reports indicate that Gibson and Moore did not have a prenuptial agreement, which means that Moore is entitled to half of all income Gibson earned during their three-decade marriage.Currently, Gibson's fortune is estimated to be around $850 million. If this is accurate, Moore may receive $425 million, placing the settlement at the top of the list of celebrity divorce payouts. In addition, it is believed that Moore will continue to receive half of any residuals that Gibson earns in the future for films he made while the couple was married.
Gibson has also invested in major real estate, including an island in Fiji which he purchased in 2005 for $15 million. It is unknown how the settlement agreement dealt with that holding.
It has been an expensive year for Gibson, who in August agreed to pay $750,000 to ex-girlfriend Oksana Grigorieva, the mother of his young daughter.
Source: ABC News, "Mel Gibson Loses Half of His $850 Million Fortune to Ex-Wife in Divorce," Katie Kindelan, Dec. 26, 2011
]]>In a recent article in The Huffington Post, family law attorney M. Marcy Jones recounts her own experience during her first Christmas without her husband and children. She says that she expected the day to be a quiet, calm day spent alone, but in reality it was a deeply emotional and fairly traumatic experience. In the years that followed, she says that she has developed a method for handling the holidays alone.
]]> First, Jones says, it is essential to make a plan well in advance. Get out some paper and write down what you are going to do on the actual holidays. Where will you go? Who will you be with? What will you do? If you don't have answers to these questions, she says, find them. Surround yourself with family and friends, and plan some activities that will keep you busy. Cook for loved ones, go ice skating, plan a movie marathon, or anything that will keep you occupied.When you write down your plan, Jones says, make sure to ask yourself two important questions: What will you think about on the holiday? What will you not let yourself think about? It's perfectly okay to be sad on Christmas, as long as you are prepared for it.
Finally, begin new traditions. Your old holiday traditions may no longer be possible, so it's time to start some new ones. Think of a fun activity to do with your kids or extended family, and you will already be looking forward to the next holiday season.
Source: The Huffington Post, "3 Steps to Surviving Christmas for the Newly Separated or Divorced," M. Marcy Jones, Dec. 22, 2011
]]>The Bryants were married in 2001, before Kobe became the hugely successful basketball player he is today. As such, the couple did not sign a prenuptial agreement, which means that Vanessa may be entitled to half of Kobe's earnings and estate. Reportedly, the couple has already hashed out the details of their divorce in mediation or some other form of alternative dispute resolution. Although their settlement will likely remain private, entertainment websites and family law experts are estimating that Vanessa will leave the marriage with several million dollars.
]]> Kobe Bryant received nearly $25 million in salary from the L.A. Lakers last year. With his endorsements, he is believed to have earned more than $50 million. His current net worth is estimated at $150 million. Therefore, Vanessa could easily earn upwards of $75 million.In addition, because of the length of their marriage, Vanessa may be entitled to lifetime alimony. Under California law, a marriage that has lasted 10 years or more qualifies as 'lengthy' and generally entitles the recipient spouse to receive permanent spousal support. In addition, she will almost certainly receive child support for the couple's two daughters, ages 5 and 6. According to the divorce documents, the couple has agreed to joint custody of their children.
Source: Sacramento Bee, "Experts say Kobe Bryant's wife stands to make windfall in divorce," Rick Rojas and Richard Winton, Dec. 19, 2011
]]>