Los Angeles County, California Family Law Blog

Getting rid of gender roles in divorce

2013-05-23T00:10:03Z

California residents might be interested to hear that the traditional gender roles that have ruled marriage as well as divorce are beginning to shift. Traditionally, husbands were expected to be the breadwinners while the wives stayed at home and cared for the house and children. However, it is becoming more common for both spouses to work and even for some husbands to stay at home while the wife works. This makes it so that the issue of alimony in a divorce is treated differently as well.

Statistics show that nearly 40 percent of the wives who work earn more than their husbands. This makes it so that some women are being ordered to pay their ex-husbands alimony when they get a divorce rather than the other way around. Because of the de-gendering of marriage roles, divorce roles are becoming de-gendered as well. Some people even advocate for the dismissal of alimony altogether since the traditional reason alimony was designed is not present in many of today's marriages.

]]> Prenuptial agreements may help spouses protect their assets in the event that they get a divorce. However, if couples didn't enter into such an agreement beforehand, then issues such as alimony and division of property could require intense negotiations. Additionally, couples must discuss child custody and child support if they have any minor children together.

Family law attorneys may be able to assist people in filing their divorces and may also assist them with negotiations with their clients' exes to obtain divorce settlements that are in the best interest of their clients.

Source: TIME Ideas, "The De-Gendering of Divorce: Wives Pay Ex-Husbands Alimony Too Read more: http://ideas.time.com/2013/05/16/the-de-gendering-of-divorce-wives-pay-ex-husbands-alimony-too/#ixzz2TrnCp87y", Liza Mundy, May 16, 2013

Life insurance policies and divorce considerations

2013-05-16T23:45:02Z

During the process of divorce, California couples may be ordered to split cash and cash equivalents. Whether a life insurance policy is considered a cash equivalent and is subject to property division depends on a variety of factors, however. One of the main considerations is whether the state uses a community property system like California or if it uses a system of equitable distribution.

A community property state presumes that property or debt that one of the spouses acquired during the marriage belongs to both spouses. This presumption rules unless one of the spouses can show by clear and convincing evidence that this is not the case. A family court judge may order a spouse to cash in his or her insurance policy so that each spouse winds up with about half of the couple's assets. In equitable distribution states, judges may be less likely to make this ruling because the same presumption does not apply. Instead, a judge may allow one spouse to retain an insurance policy with a cash value and provide other assets to the other spouse in an equitable division of the property.

]]> Of primary importance is whether the insurance policy actually has any cash value. Term life insurance contracts do not usually have cash value attached to them. If one spouse dies, the insurance proceeds would go to the beneficiary that the spouse designated, and the spouse generally has the right to change the beneficiary when or if he or she wants to. However, a permanent life insurance policy may have a cash value and may be subject to distribution.

A California family law attorney may be able to explain the differences in community property and separate property. He or she may also be able to negotiate on a client's behalf for an equitable settlement during the process of asset division.

Source: Fox Business, "Don't I Get Half of My Ex's Life Insurance Policy?", Jack Hungelmann, May 06, 2013

Are spouses responsible for credit card debt post-divorce?

2013-05-10T19:11:03Z

Los Angeles couples seeking divorce often run into the issue of how to handle outstanding credit card debts. The problem is tricky because one spouse may be primarily responsible for the debts, and the other might not feel responsible for them or might not even be aware of them. However, because California is a community property state, debt and community property are divided equally during a divorce, and spouses are presumed to be liable for debts incurred in the marriage. This means that creditors can pursue them even if the spouse had nothing to do with them.

During the divorce proceedings, each spouse should make clear to the judge what his or her role in incurring the debts was. If one spouse was spending money unknown to the other, the other spouse likely did not see any benefit from the spending, and the judge should take this into account when dividing the property and allocating liabilities.

]]> All effort should be made to pay off outstanding debts during the divorce proceedings, to ensure that spouses are not unfairly pursued for debts they had nothing to do with. While courts can order one spouse to pay off certain debts, they unfortunately cannot stop creditors from going after the other spouse if the debt is not paid off.

These issues can be contentious and frustrating, especially if one spouse is engaging in shady behavior such as withdrawing money from accounts or racking up debt, leaving the other to pick up the pieces. A family law attorney may be able to help deal with issues like this during a divorce and ensure that the process is handled fairly.

Source: Fox Business, "Is Wife Liable for Ex's Card Debt?", Sally Herigstad, May 07, 2013

Tips for divorcing with children

2013-05-01T21:59:17Z

Divorce can be a complicated process for California residents. When there are children involved, it is important for spouses to know how the divorce may affect the children and to be aware of ways to minimize the impact.

First, while it is often natural for each spouse to blame the other for the breakdown of the marriage, doing so may be detrimental to the children's health and well-being. There are many important decisions to be made during a divorce, but who is at fault is not one of them. It's not productive, and it ultimately does not make a difference since most divorces are no-fault. Some spouses will try to assign blame to save face, but ultimately, it can alienate the children and cause confusion.

]]> Second, custody is about what is in the best interests of the child. The custody battle is not about winning or "beating" the other spouse. Keeping the focus on the child can reduce stress on everyone involved.

Third, co-parenting is a time of change and adjustment. Accepting that there are times when a parent is not in charge can ultimately help make the transition easier.

Finally, it is a fact of life that most divorced parents eventually begin dating someone new. It is appropriate to ask to meet the new person in the children's lives. It is also important not to speak badly about the new partner, or the former spouse, in front of the child.

A family law attorney could help negotiate a custody agreement that will be beneficial to the children. Having an attorney set the framework is one way that could make the complicated process flow much more smoothly.

Source: Fox News, "4 tips for parents going through divorce," Tina Paone and Thomas Petrelli, April 21, 2013

Former rapper faces 12-year prison term after family fight

2013-04-26T22:35:06Z

Californians who follow celebrity news may have heard that former rapper and reality television star Flavor Flav is on trial for allegedly threatening the teenage son of his partner of eight years during a domestic-violence dispute. The entertainer appeared in Las Vegas Justice Court recently for an evidence hearing to determine his role in the family altercation that reportedly involved threats with a butcher knife on Oct. 17, 2012.

The 17-year-old boy testified during the trial that the accused man chased him with a knife and thrust the weapon through a door after he ran to another room during the domestic violence dispute. He added that the man swore and threatened to kill him as he stood about 24 inches away still holding the weapon.

]]> The teen testified that he was awakened in the early morning hours by the argument between the two adults. The athletic teen, who is physically about nine inches taller than the defendant, allegedly wrestled with the rapper.

An attorney for the accused man claims that he was only trying to defend himself. However, the judge ruled that the state could move forward with a trial based on the evidence. Flavor Flav faces felony charges of assault with a weapon, child endangerment and a misdemeanor domestic-violence battery charge. He could receive a maximum prison term of 12 years.

During a family altercation, emotions can run high, and people may act out of character, or one partner may even bring false allegations against the other partner. A family lawyer might be able to help clients work through their disagreements or formulate a strong defense for a person facing domestic violence charges.

Source: CTV News, "Flavor Flav facing felony trial in domestic violence case," April 10, 2013

Gender roles are changing in terms of alimony

2013-04-19T19:52:08Z

It used to be that men almost always ended up being responsible for alimony when a couple in California split up. However, as increasing numbers of women are surpassing men in education and earnings growth, they are also being expected to pay alimony when a couple gets a divorce. While this may be fair in terms of equitable distribution of assets, it is making some men and women uncomfortable.

Some men who have a partner that has a larger take home pay feel ill at ease with the idea of being supported by a woman following a divorce. However, while the number of men pitching in and helping with housework and child rearing has shown to increase stability in marriages, in a divorce, it can make men feel as if they are owed for their sacrifice. These men feel that if the situation were reversed, a woman would rightfully expect financial support for putting aside her career.

]]> There are also women who feel resentful at the idea of having to provide monetary support for their spouse after dissolving their marriage. Additionally, many women feel that their husbands can and will land on their feet financially, so alimony should not be required.

Going through a divorce can be both emotionally and financially difficult for many people. When gender roles are swapped, this can further add to the strife. Individuals going through a divorce may find it helpful to consult with an attorney who could help them understand their legal rights in terms of a couple's assets and represent them in court if the need arose.

Source: Huffington Post, "Divorcing Mr. Mom," Katherine Eisold Miller, April 2, 2013

Is there a reason to file for divorce first?

2013-04-11T19:20:32Z

When someone living in California is considering divorce, they may be torn between being the first to file and waiting for their spouse to make the first move. While people should attempt to save a marriage if possible, if it is beyond repair, it may be a good idea to be the first to file. The first individual who files for divorce has the advantage of choosing the venue where the divorce will be adjudicated, can prepare financially and also put together a legal team in advance.

If a couple is already separated, they may be in different states. Since each state has its own laws regarding child custody, spousal support and asset division, the first to file is able to choose where the divorce will be heard. This gives them the advantage of selecting the state that has laws most beneficial to them.

]]> The first person to file for divorce will also have the advantage of having time to prepare their finances and start collecting financial documents. Divorce is often costly in terms of legal fees, court costs and sometimes in the form of having one's income cut in half by no longer sharing expenses. People should spend the time leading up to a filing putting money aside and getting bank and credit card statements and other financial documents together.

Those going through a divorce may also want to speak with an attorney before filing. An attorney could help them understand what to expect and assist in making choices beneficial to their future.

Source: Forbes, "What Are The Financial And Legal Advantages Of Being First To File For Divorce?," Jeff Landers, March 26, 2013

Arbitrator confirms validity of Sanders' prenuptial agreement

2013-04-06T00:09:22Z

California residents may recall that the lawyers for Pilar Sanders argued that the prenuptial agreement she signed with Deion Sanders before their marriage was partially fraudulent. However, in the latest twist in the high-profile couple's nasty divorce, the court recently ruled that the document was valid. A court arbitrator who worked with both parties confirmed the validity of the prenuptial agreement.

The court's ruling seals the division of assets and property according to the guidelines already established by the paperwork between the soon-to-be divorced couple. In addition, the Collin County judge determined that Mr. Sanders no longer needs to pay child support since he was awarded sole conservatorship of the couple's two sons and joint conservatorship of their daughter. This means he can make decisions about the children's daily lives, where they live and attend school as well as what they do in their time outside of school. However, the court has the final say regarding a visitation schedule.

]]> Since Mr. Sanders announced his separation from Mrs. Sanders via social media in December 2011, the couple has disagreed about a wide range of issues, ranging from their prenuptial agreement to alleged criminal misconduct and child support and custody issues. Their divorce is still not final.

The end of a marriage can result in a number of legal issues, including financial matters, child custody issues and contention over division of property. A family lawyer might be able to help couples settle their differences amicably during a divorce, and newly engaged couples may benefit as well by having the lawyer assist them with drafting a sound prenuptial agreement in order to avoid drawn-out divorce proceedings in the future should separation occur.

Source: NBC-DFW, "Prenuptial Agreement Will Stand in Sanders Divorce," March 20, 2013

Deion Sanders wins custody case

2013-03-28T18:30:08Z

California residents may have hears that a 12-member jury recently awarded Deion Sanders full custody of two of his children and joint custody of a third. The decision regarding child custody came after two weeks of contentious testimony.

The jury ruled that Sanders should have sole conservatorship and custody of his two sons. It also ruled that Sanders should have joint conservatorship and custody of his daughter as well as decide where she will live. Matters related to visitation and child support have not yet been decided. Additionally, the couple is still battling over a prenuptial agreement.

]]> Deion Sanders was reportedly in a light mood after hearing the 11-1 verdict. However, his estranged wife, Pilar Sanders, immediately bashed the former NFL superstar and Hall of Famer, calling him a variety of colorful names. The verdict was handed down in Deion Sanders' favor even though his estranged wife had accused him of abusing the children and keeping guns near them. Sanders' attorneys alleged that Pilar worked at a telephone sex line, and both parties accused the other of steroid use. Jury members reported to Sanders' attorney that they did not believe the accusations against Sanders regarding child abuse and believed that it was an example of "grandstanding."

When a child custody matter is before the court, a judge or jury must often decide which parent should be awarded custody based on what is in the best interest of the child. Because the court may consider factors such as domestic abuse, some parents may accusations of this nature against the other parent to try to persuade the jury to award them custody. A California family law attorney may be retained in order to defend a parent against false allegations or to help prove abuse has occurred.

Source: CBS DFW, "Jury Makes Decision In Deion Sanders Child Custody Case," March 12, 2013

Violence Against Woman Act signed into law

2013-03-18T21:45:35Z

On March 6, President Obama signed the Violence Against Women Act into law, a new measure that revives protections that expired in 2011. The act also expands the earlier law, providing protections to gay and Native American victims of domestic violence throughout the country, including California. The original Violence Against Women Act was written and and sponsored in 1994 by Vice President Joe Biden.

Recently released domestic violence statistics from the United States Department of Justice reveal that rates have remained steady over the past five years, and have declined over the past 10 years. For example, 556,000 females reported rapes or sexual assault in the United States during 1995. By 2010, that number had dropped to 270,000. Reported incidents of domestic violence have decreased by two-thirds since 1994. It is believed that the act played a significant part. Referencing the statistics, Obama said that 20 percent of women could be raped at some point during their lives.

]]> The Violence Against Women Act has previously been renewed twice. 2011 was the first time that the bill's passage was delayed due to an inability of the opposing parties to reach an agreement. The bill finally was approved after the Republican Party performed poorly among female voters in the 2012 elections.

The law provides five years' worth of funding for programs that protect victims of domestic violence, including law enforcement training, legal assistance for victims, hotlines and places for victims to go after leaving an abusive relationship. The law also allows for expanded education and protections on college campuses. Immigrants are also protected under the new law. Any person who is a victim of domestic violence may benefit from speaking with an experienced family law attorney.

Source: CBS News, "Obama signs expanded domestic violence law," March 7, 2013

Divorce after age 50 may impact retirement accounts

2013-03-13T15:11:49Z

California residents may have been watching when one prominent CBS This Morning co-host recently remarked on the shift from worrying about children during divorce to concerns about retirement. Statistics from Bowling Green University show that divorce for couples older than 50 has doubled between the years of 1990 to 2010. About 25 percent of individuals who are experiencing divorce belong to the 50-and-over crowd.

A legal analyst for CBS indicated that part of the reason for these changes related to a longer life expectancy and the expectations people have for their future. In addition, society now places less of a stigma on divorce. However, divorce impacts retirement savings substantially as a married couple typically has an average of $10,000 more in retirement savings than a divorced person. However, states differ in how they handle asset distribution acquired during marriage. Most states, California included, view any assets that couples earn during marriage as a part of the marriage, which means couples need to divide retirement savings in the event of a divorce.

]]> As a result of the complications that may arise during the divorce process regarding division of assets like retirement funds, legal experts advise couples to try to work out financial differences without involving lawyers in order to cut down on costs. Divorce can also affect Social Security income and distribution as well.

A divorce often means many changes for married couples that place a huge financial impacts on each partner. While some couples think that handling divorce on their own saves money, a family lawyer might be able to provide solid and thorough counsel and help them divide assets fairly out of court. Someone over 50 who is close to retirement can benefit from understanding the financial implications and the effect that divorce might have on his or her future with the help of an experienced family lawyer.

Source: Huffington Post, "Gray Divorce Drastically Cuts Retirement Savings By Thousands," March 6, 2013

Dad arrested in Philippines owes $1.2 million in child support

2013-03-05T13:53:38Z

California residents may remember the notable case of the 50-year-old father of three who fled to Thailand and then to the Philippines in late 2012, when he was finally taken into custody. With the dubious label of the nation's most-wanted deadbeat father, he owes more than $1.2 million in delinquent child support payments. On Feb. 21, the suspect admitted leaving the country so that he wouldn't have to make the court-ordered payments, and he entered a guilty plea.

The defendant confessed he fled New York after the courts issued warrants for his apprehension in 2000 and 2002. After his arrest in the Philippines and his deportation to Los Angeles in November 2012, U.S. Marshals took him into custody. He could receive up to four years in prison. The U.S. Department of Health and Human Services, an agency that tracks child support cases when parents disappear, listed the defendant as the "Most-Wanted Deadbeat" when he topped the list of parents who failed to pay child support.

]]> The defendant's troubles began in 1995, when the courts directed him to make $750 of payments in child support. Later, a judge increased the amount to nearly $1,000 weekly for cost-of-living adjustments. Court information indicated that prior to his divorce from his wife of almost 10 years, he was earning between $500,000 and $600,000 annually. He quit making payments after about two years and a total of about $87,000. The man owes additional child support of $625 weekly after he and another woman had a baby.

Costly delinquencies in child support could take time to repay. An attorney who has experience in family law may help a defendant accused of defaulting in child support work out a post-decree modification that satisfies both parties.

Source: New York Times, "Deadbeat Father Pleads Guilty to Evading Child Support," Mosi Secret, Feb. 21, 2013

Man talks about financial and emotional losses due to divorce

2013-03-02T01:02:46Z

A man's wife filed for a divorce after they had been married for 10 years. Following the finalization of the divorce proceedings, the ex-husband is required to support himself, his ex-wife and their four children. However, he no longer has all of the assets he possessed when he and his former wife were married. Due to the community property law in California, the man suffered from the financial burdens including losing 50 percent of the value of his 401K plan from his job and from his Individual Retirement Account, or IRA.

In addition to having access to a substantially lower amount of his former savings, the man felt emotionally drained. He expressed the belief that those whom he once cherished, including his former wife and four children, no longer regard him with love and admiration as a result of the divorce.

]]> Divorce is rarely a positive experience for anyone. The end of a marriage is often costly, especially if the couple has children. Typically, one of the spouses is legally responsible for making timely child support payments. In California, a married couple who files for divorce is subjected to the community property law, which means that assets are typically divided in half unless the couple agrees to an alternate plan.

The burden of having to make spousal support payments in the form of alimony, in addition to child support payments, makes a California divorce a costly affair. A high asset divorce involving property division means even greater financial losses. This type of financial burden is one reason why some wealthy persons draw up prenuptial agreements before they get married. It may be helpful to contact a divorce attorney who may be able to review a couple's financial assets and draft a prenuptial agreement prior to marriage.

Source: Huffington Post, "Divorce Cost: Father Of Four Opens Up About 'Incredibly Burdensome' Split," Feb. 14, 2013

Supreme Court decides Hague Convention custody case

2013-02-21T21:43:08Z

A custody battle that wound up in the U.S. Supreme Court is not over, after the court sided with the father and reversed the Eleventh Circuit's decision that his appeal of a custody ruling was not moot because the mother took the child back to Scotland. The unanimous Court found that merely because it was unlikely that the mother would comply with the order did not end the controversy and make the case moot.

For a court to hear an appeal there must be an active dispute between the parties and the possibility that a court could order relief. Because the mother had removed the child from the U.S., the Eleventh Circuit determined the case was moot. Mootness in legal cases generally means there is no longer a dispute in question. Because the father still contests the child custody award, the question is not moot.

]]> The Chief Justice, writing for the Court, noted that the lower court had mistaken a question of the merits of the case with mootness. Courts often order remedies that may have little likelihood of being fulfilled, such as ordering a $100 million dollar judgment against a party that is insolvent.

Justice Ginsberg concurred in the ruling, but noted that the Hague Convention's purpose is to prevent this kind of occurrence, where a child who has lived for two years in Scotland, is suddenly forced to return to Alabama.

She recommended that Congress amend the law to control when and how an appeal has to be filed, to ensure an appalled court quickly decides the case and when return orders should be stayed to prevent a parent from removing a child prior to a final court decision.

Source: Reuters, "Supreme Court rules for Army father in custody battle," Lawrence Hurley and Jonathan Stempel, February 19, 2013

Tax changes add complexity to high-asset divorce

2013-02-13T18:10:50Z

High asset divorces are inherently more complex. The greater mix and size of assets make the interaction more complex and implicates more arcane tax rules and regulations. In addition, complexity tends to accrete, layer on layer. When the IRS or the California Department of Revenue set up new regulations to implement the latest tax law Congress or the state legislature has passed, they add them to the existing regulations. That's why the regulations for the Internal Revenue Code stretch well past 10,000 pages.

Congress's latest handiwork, the American Taxpayer Relief Act, the result of the slow-motion train wreck that preceded the threatened fiscal cliff, fixed some problems, but for high-income individuals involved in a divorce, and their divorce and tax attorneys, the result has also been more complexity.

]]> Because the tax rate for income above $400,000 increased to 39.4 percent for single filers, attorneys drafting a dissolution agreement with spousal support or alimony need to pay special attention to how that is allocated. It could produce a negative tax consequence if a substantial portion of the spousal support is above the $400,000 rate.

This will differ, depending on who is paying. Because alimony is taxable income to the receiver, but a tax deduction for the payor, a spouse receiving a high support payment may be more willing to negotiate on some other area of the agreement, to avoid a higher tax obligation. A $50,000 a month spousal support payment would leave them with $200,000 of income exposed to the 39.4 tax percent rate.

As the Wall Street Journal article notes, they might prefer a lower spousal support payment and have their former spouse pay for upkeep on property instead as part of the agreement.

Source: The Wall Street Journal, "New Tax Rules Complicate Divorce," Arden Dale, Jan. 31, 2013