The woman adopted the boy from Russia in 2009. A year later, she returned him. She claimed he had "psychopathic issues" and had exhibited unbalanced, violent behavior. She put him on a plane back to Moscow, where he arrived with a backpack, his passport and the letter explaining the mother's reasons for canceling the adoption.
]]> If the United States was appalled, Russia was incensed. The country is one of the most active in U.S. foreign adoptions; about 400 children every year come from Russia to loving, adoptive families. Reports indicated at the time that there was tension between the U.S. and Russia about the adoption process. Having the boy show up alone and abandoned did not help the situation at all.The court ordered the woman to pay $1,000 per month in child support in addition to a lump sum payment of $58,000. That money will cover what the orphanage has already spent on the boy's care. She will also pay $29,000 to the adoption agency and more than $60,000 in legal fees. The monthly support payments are to continue until the boy turns 18.
Representatives from both the agency and the National Council For Adoption said they were pleased with the judgment. Each organization reiterated that adoption is a lifelong, legal commitment to the child. Biological or adoptive, a parent has certain rights and responsibilities toward that child.
The woman did not attend the court proceedings. The boy lives in an orphanage outside of Moscow. Reports did not include information about his behavior.
Source: Los Angeles Times, "Woman who sent adopted boy back to Russia must pay $1,000 a month," Michael Muskal, May 18, 2012
]]>The custody battle heated up in December 2011, when Foster petitioned the court to grant her full custody of the children. The court proceedings were reportedly quite dramatic. Usher's attorney questioned Foster about threats she allegedly made on the singer's life. TMZ reported that she admitted to making inappropriate remarks to Usher and his new girlfriend.
]]> Foster claims the singer has violated their custody agreement by failing to get her approval when he has traveled with the kids and hired nannies, to name just two accusations on a long list. She also claims he secretly abuses drugs.While the court considers the couple's testimony, Foster has told TMZ that it is possible that Usher would sell the Georgia mansion out from under her and her kids. In the divorce settlement, Foster retained possession, but the singer retained ownership. If he decides to sell, he must give Foster 60 days notice. Mired in debt, Foster believes she and the children will have nowhere else to go.
In fact, she asked her ex-husband for $50,000 to cover her mounting legal fees. She has also reportedly asked him to buy her a permanent home. Usher seems to have refused both requests.
Early this month, the court ordered the couple to work with an independent mediator to hammer out a temporary custody agreement. Apparently the session did not result in a compromise. The couple is due back in court at the end of May.
Source: Huffington Post, "Usher, Tameka Foster Custody Battle Heats Up," May 16, 2012
]]>For his wife -- his first wife, that is, the tip-off that something was amiss came when her husband's insurance stopped paying her medical bills. She found out then that the Army thought she and her husband were divorced. She was stunned, confused and deeply in debt.
]]> That was in 2008. Things only started to move forward in 2011, when her attorney refilled her own legitimate petition for divorce. The attorney also contacted her husband, and his response was surprising.Her husband agreed to cooperate, but he wanted the matter handled quietly. The attorney replied that it would be impossible to keep a case like this quiet, especially with the Army involved.
So, first wife and attorney began to assemble the documents. They obtained a copy of the second marriage license and the fraudulent divorce decree. The Army finally paid attention.
The court clerk from the county listed on the fake divorce decree confirmed that the document could not have come from that office. First, the case number was one digit short and didn't match the county's format. The fonts didn't match the county's. The date was in military format -- 16 Nov 2006 -- instead of the usual month, day, year format. And, of course, the clerk knew immediately that the judge's signature was wrong.
Finally, this past March, the Army charged her husband with adultery, bigamy, forgery and a handful of other military offenses. The outcome of his trial will determine both families' financial future: If he is court-martialed and dishonorably discharged, there will be no retirement pay.
For a number of reasons, the divorce won't be final until September at the earliest.
In our last post, we said this was a cautionary tale. Why? Well, while her attorney said he'd never seen anything like this case, a former Navy Reserve prosecutor said he has. He knows of other instances of service members forging divorce decrees.
Source: The News Tribune (Tacoma, WA), "Soldier's wife seeks justice in bigamy case," Christian Hill, May 6, 2012
]]>The papers he emailed were from a county neither of them lived in, but he said divorces were "quick and easy" there. Soon after, he filed a divorce decree with the military and married his second wife. The decree was purportedly from the "quick and easy" county. He then married his second wife, and the second family settled a few states away from the first.
On his marriage license, he indicated he was divorced.
]]> A few months later, the first wife realized her military health insurance wasn't covering her medical bills. Yet nothing should have changed until after the divorce, she thought. She contacted the insurer. It was the customer service representative who broke the news: She wasn't covered anymore, because the Army had proof she and her husband were divorced.The medical bills mounted, and she couldn't pay. A collection agency entered the picture. Then, she was in a car accident. That was when she learned her husband had taken her off his auto insurance policy. Her husband had been sending monthly checks, but the insurance problem meant she'd need more than that. A court granted her petition for child support.
This woman could not catch a break. The lawyer she originally retained dropped her case without telling her. It took another two years for her to find her current attorney, who says he has never seen such a bizarre case in his 20 years of practice.
We'll continue this in our next post.
Source: The News Tribune (Tacoma, WA), "Soldier's wife seeks justice in bigamy case," Christian Hill, May 6, 2012
]]>Consulting with all these professionals can be daunting and time-consuming. That is why the concept of speed divorcing was developed. The idea, which was put into play recently here in Atlanta, brings together all these professionals under one roof. People thinking about divorce get to spend 15 minutes with each professional -- just like with speed dating.
]]> During these 15 minutes, a man or woman can figure out whether that professional could help during the course of the divorce. The woman who developed the idea, who is also a divorce financial analyst, says the format will make it easier for people heading for divorce to equip themselves with the help they will need.This also gives a man or woman face time with a divorce attorney. Many times, a divorcing man or woman will choose an attorney based on a gut feeling or on the recommendation of a friend. They later discover that the attorney is not the right fit.
The founder recalled a woman she knew who received the house in a divorce and her husband had to pay the mortgage for 18 months. But, because she had no income, when the 18 months were up she could not refinance or keep up with the payments. This problem could have been avoided with the insights of a financial adviser or mortgage broker -- and she could have met both at a speed divorce event.
Source: CNBC, "Speed Divorcing: Like Speed Dating, Only ...," Cindy Perman, April 24, 2012
]]>This is the Sneiderman case. Earlier this year, the estranged family members attended the high-profile trial of the man who gunned down Rusty Sneiderman in a daycare parking lot in November 2010. Rusty was the woman's husband, the in-laws' son and the children's father.
]]> The jury convicted the defendant, but Rusty's parents believe his wife, Andrea, was involved. They and Rusty's brother have been quite vocal on the subject, in fact, holding press conferences and making open accusations. Prosecutors, too, have questions. While pleased with the verdict, authorities told the press that the investigation would not close until they knew the full story.The grandparents' statements are just one of the reasons Andrea doesn't want the children to have any more time with them. In her response to the petition, she insists she has not cut the kids off from Rusty's family. They Skype with the kids, and they are allowed to visit twice a year.
Andrea claims that her in-laws have turned down opportunities to visit with the children. And, she says the fact that they have accused her publicly of being "covered in Rusty's blood" cannot and should not be construed as being in the best interests of the children.
Under Georgia law, the grandparents are not automatically entitled to visit with their grandchildren. They must ask the court for permission, and they can only do so if they are the parents of one of the children's parents that has died or that the court has stripped of parental rights. The court then listens to the arguments of both sides and decides whether, as the statute says, "the health or welfare of the child would be harmed unless such visitation is granted, and if the best interests of the child would be served by such visitation."
The court will hear the parties' arguments this week. A decision may take a while.
Source: 11Alive.com, "Andrea Sneiderman battles in-laws over kids," Jaye Watson and Ben Mayer, April 19, 2012
]]>For example, the former president of Yahoo recently reached a divorce settlement agreement with her ex-husband after five years of negotiations, and just prior to their divorce case heading to court.
The couple met while in business school and was married in 1992. Together they have three children. The couple filed for divorce in 2007, which is also when she became president of Yahoo.
This multimillion-dollar divorce was complicated to say the least. This is because it involved accusations of drug use, infidelity and spying, though both parties have since stated that those acrimonious allegations were inaccurate and inappropriate.
Adding to the complexity of this divorce case, the couple's marital property involves substantial assets, including stock and cash, and $71 million in real estate, such as:
The question then arises as to whether alimony might be appropriate for the ex-husband in this case. If he could prove to a court that he sacrificed his lucrative career in order to care for the couple's three children while his wife remained as the sole breadwinner, then it is possible that a court would determine that he should be entitled to alimony.
Because this high net worth divorce case has been settled out of court, it would be interesting to know whether the wife agreed to pay her ex-husband alimony.
Source: Atlanta Journal-Constitution, "Ex-yahoo president settles divorce after long tiff," April 23, 2012
]]>One couple was recently interviewed because they are considering divorce for what may appear to be an unconventional financial reason. Although they do have major financial difficulties based upon both of their medical problems, the couple is not considering divorce because they no longer want to be married. So how could getting divorce help this couple?
]]> The husband has been totally disabled from work for the past 12 years, since an accident in which he broke his back in three separate places. His wife of 21 years also lost her job for health reasons but decided to go back to school. Though she had to undergo open heart surgery during her time spent in college, she eventually graduated, but after a year-long job search she was only able to find a job that barely pays more than minimum wage.Despite their ongoing medical and financial difficulties, they have remained committed to each other. Now, however, they are considering a divorce because, when the wife started earning a small income, the government reduced the amount of his Social Security disability benefits to a level at which they can no longer support their household.
Considering that this couple is already living at poverty level, this is a major financial hit. Once they divorce, they may be able to legally separate their incomes and therefore increase the amount he is eligible under the program. Living single, each may be able to make ends meet.
This couple's story is rather unusual, and the case is under review by the Social Security Administration. Getting a divorce is a somewhat risky choice and anyone considering this type of plan should consult an experienced attorney before making a decision.
Source: The Journal-Standard, "Divorcing to survive: Couple struggles in tough economy," April 21, 2012
]]>The state of Georgia is hoping to change all of this by trying to address this cycle of despair. The programs administered through Georgia county court systems are called parent accountability programs. The goal of the programs is to help parents solve the problems behind non-payment rather than spending taxpayer money incarcerating them.
]]> In doing so, the program questions why parents are delinquent in the first place. The typical reasons include unemployment, drug use, or lack of transportation.Through this innovative new program, resources are redirected to tackle these problems head on. Resources allocated to help these parents include:
Taking away the excuses may just do the trick. According to results from one Georgia county that is currently serving 24 participants in its accountability program, child support payments increased by $45,000, while the cost of incarceration fell by $178,000. As a state, Georgia has improved its child support collections dramatically as well, providing additional evidence of the success of such accountability programs.
It is obvious that those parents who owe child support need jobs, not jail, especially when the economy is to blame for their unemployment and inability to meet their child support obligations.
Source: The Atlanta Journal-Constitution, "New court pushes fathers to make turnaround," Tammy Joyner, April 13, 2012.
]]>Typically, in order to enforce child support obligations, Georgia courts have sent these parents to prison. In such cases, parents can spend up to three months behind bars at a time, simply because they cannot meet their financial obligations. In many cases, parents have repeatedly been sent to jail stuck in a cycle that they cannot escape from.
]]> Jail does not appear to change the underlying problems at the heart of why parents do not pay child support. In fact, sending delinquent parents to jail may actually create even more of a problem. In reality, when parents are behind bars they are prohibited from working and earning income, in addition to increasing the amount of child support they owe. In addition, the cost of incarceration to Georgia taxpayers is approximately $1,500 per month. But most importantly, while parents are in prison they are obviously unable to spend quality time with their children.For example, a 42-year-old father who has been divorced from his wife for ten years was able to spend time parenting his children. This was because he was repeatedly sent to jail for delinquent child support payments under his legally enforceable child support agreement.
Thanks to a new approach in Georgia that seems to all be in the past. Now, he sees his children regularly and is current on his child support payments because he has found steady work. He is also working towards paying off the $8,000 he owes in back child support. His ex-wife told reporters that she enjoys having him participate as an involved parent and her life is easier now that she's getting the money she needs for their children.
So what changed? We will discuss the innovative approach of the parental accountability programs being introduced in many counties through Georgia in our next post.
Source: The Atlanta Journal-Constitution, "New court pushes fathers to make turnaround," Tammy Joyner, April 13, 2012.
]]>One Georgia mother found this out the hard way. Last July, the biological father of her 4-year-old daughter asked this mother if he could travel with his daughter outside of Georgia to his home in Massachusetts in order to spend time with her. Then, at the end of the month, the father asked if his daughter could spend a few more weeks with him. Eight months later, the girl was finally returned to her mother when Georgia detectives were able to negotiate her safe return.
]]> In this case, the couple did not have a legal custody or visitation arrangement. This placed the mother at a serious disadvantage when it came to depending upon the support of the authorities. Thankfully, in this case the father did agree to return the girl and eventually complied with that request.However, the ending to this story could easily have had a different outcome. It would have been possible for the father to apply for legal custody of his daughter in Massachusetts, and claim that her mother had abandoned her. Without other evidence on her side, this mother could potentially have had to face a lengthy legal battle to regain custody of her daughter.
This story should serve as a warning to all Georgia parents to ensure that their parental rights are protected by having a legally enforceable child custody agreement in place that details the rights and responsibilities of each parent.
Source: myfoxatlanta.com, "Girl in Custody Battle Returned to Mother," Patty Pan, April 10, 2012
]]>Apparently this amounts to thousands of dollars each month. However, he has not been making these child support and alimony payments, and he currently owes hundreds of thousands of dollars to the mothers of his children.
]]> These are not the only debt obligations he owes and due to his overwhelming situation, he has filed for bankruptcy under Chapter 7. It is important to note that if a Georgia resident were to file for bankruptcy protection, amounts owed for alimony and child support would not be eliminated. Instead, assets will be liquidated in order to pay off outstanding amounts.In Sapp's case, the 39-year-old has listed more than $6.4 million in assets which will be used to pay off the back child support and alimony amounts he owes. Hopefully, once he exits from bankruptcy he will have his finances under control so that he can meet his monthly child support and alimony obligations without delay.
He currently has a substantial income that should cover the cost of these expenses. However, this income is based on current TV analyst contracts. Hopefully, those contracts will be renewed so that he will be able to continue to meet his family responsibilities.
If not, sometimes it is possible to modify a child support or alimony award if circumstances have changed that will make it impossible to meet those obligations. Ohio residents who have suffered a significant decrease in pay might want to consider this possibility.
Source: wzakcleveland.com, "No Money for Alimony & Child Support? Warren Sapp Is Broke!" Robyn Simone, April 9, 2012
]]>As contracts go, cohabitation agreements have become increasingly common simply because marriage is far less common than it used to be. In fact, just 51 percent (a record low) of Americans are choosing to get legally married today. On the other hand, living together before marriage or with no intent to get married has become the societal norm.
]]> While many people associate cohabitation agreements with same-sex partnerships, the results of a recent survey of divorce attorneys conducted by the American Academy of Matrimonial Lawyers suggest that most cohabitation agreements today are being drafted for heterosexual couples who want to build a life together but don't want to get married. The AAML also reported that nearly half of the 1,600 attorneys polled said they were seeing more and more court battles involving unmarried ex-partners.In addition to addressing the same issues married couples have to resolve in a divorce, cohabitation agreements can also be used to protect each partner from the possibility of being held liable for the other's student loans or credit card debt should things not work out.
Because litigation of these issues can drag on for years and be prohibitively expensive, unmarried couples in the Atlanta area or the state of Georgia should consider talking to a family law attorney about the benefits of cohabitation agreements and whether one would be appropriate in their case.
Source: CNN, "Prenuptial agreements aren't just for married couples anymore," Jessica Dickler, March 20, 2012
]]>Since many recently divorced couples don't do that (which often leads to an IRS audit), we thought our Georgia readers might be interested in the useful perspective offered by a recent Business Insider magazine article on some common mistakes people make with their taxes after a divorce.
]]> The number one mistake on the article's list is procrastination. While there is still time to file, it can be difficult to get an Ex to give you his or her tax information in time. If you haven't filed yet and don't have that information, it may be time to ask the IRS for a filing extension.Second, it can also be a mistake to file jointly for the tax year in which you got a divorce just because it's easier or saves money on preparer's fees. The reason is that each joint filer is liable for everything on the return. In other words, if your Ex is less than honest, you could wind up in trouble too. (Generally speaking, it's better to file separately if you have any doubts at all. A "married, filing separately" return can be changed to a joint return later but the opposite is not true.)
Lastly, avoid any confusion over which of you will get to file as "Head of Household" and take advantage of that dependency deduction. This can be agreed on as part of the divorce process or by default, it will go to the parent who has custody of the child for more than half the year. If it is yours to claim, you should do your best to make sure that you file your taxes first.
What happens when both ex-spouses try to claim "Head of Household" status? Essentially, a giant, flashing red neon sign that says "Audit Me" will instantaneously appear on top of your return every time an IRS employee looks at it.
Because these are not the only tax mistakes people can make after getting a divorce, it is important to discuss these issues with your financial professionals and/or your attorney.
Source: Business Insider, "The Top Tax Traps Divorced Couples Are Walking Right Into," Mandi Woodruff, April 3, 2012
]]>You may have known that your texts and emails could be used in divorce, but did you also know that a judge may have access to all of the information in your cellphone? With smartphone technology, this could also include texts, photographs, videos, email, browser links, search records, call histories, as well as GPS tracking.
]]> Emotions can run high leading up to a divorce and throughout the divorce process. Some say things they shouldn't. Others may behave erratically. What used to go on behind closed doors is now often part of the public domain, displayed on social networking sites, including Facebook and Twitter. If you are facing a divorce, it is important to know what kind of information may be used against you and what evidence you could be giving away.Smartphones and other online mediums are giving lawyers new ways to present legal issues and make legal arguments to the court. Information found on your smartphone could impact your property dispute, determinations of support, as well as custody. Lawyers have been known to use smartphone information to prove work history, income, relationships, and infidelities. In a recent survey of 800 divorce lawyers, 92% have seen cases in the last three years using evidence taken from iPhones, Droids and other smartphones.
If you are divorcing or considering divorce, be aware of the information that passes through your cellphone and think about whether it is text or an image you wouldn't mind before a judge.
Detroit Free Press, "Smartphones provide easy evidence for divorce lawyers," Mark Morris, March 20, 2012.
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