The Hague Convention, which has been signed by 80 countries including the U.S., outlines policies for dealing with these cases and it requires children to be returned to their habitual residence. In fact, hundreds of children are returned to the U.S. under the Hague Convention each year. However, the Hague Convention can be difficult to enforce and a number of countries have yet to sign it. One lawmaker is now making a renewed push to press the U.S. government to recover American children who have been abducted by a parent and taken abroad.
]]> Last week, U.S. House Representative Chris Smith reintroduced the Sean and David Goldman Child Abduction Prevention and Return Act, a bill that was named after a father who fought for five years to have his son returned to the U.S. after his estranged wife took him to Brazil.The bill would give the state department and the president more power to bring American children who have been taken abroad by their parents back to the U.S.
At a subcommittee meeting of the House Foreign Affairs last week, several parents testified about international abduction cases. One woman said that she was on a family vacation in India when her husband absconded with their children. Although she has been awarded custody of her children by the state of New Jersey, her children remain abroad.
There are many parents in the U.S. who feel their hands have been tied after their children have been taken abroad by another parent. This is a very complicated issue, and those who struggle with this may benefit from seeking legal counsel regarding their rights and options.
Source: USA Today, "State Department pressed for action on abduction cases," Rulon Herman, May 9, 2013
]]>Maryland state employees have previously been able to include their domestic partners on their health insurance policies. Gov. Martin O'Malley's administration introduced health benefits for domestic partners back in 2009 when same-sex domestic partners were not allowed to get married. Now that same-sex couples can marry under the state's family law, the administration is no longer allowing domestic partners on the health policies.
]]> The decision has been somewhat controversial, with the O'Malley administration saying that it must be done in order to keep things fair. Unmarried straight couples cannot utilize the domestic partner insurance status, so umarried same-sex couples should not be able to either, according to the administration.Critics of the change argue that the domestic partner benefits should not be taken away until the playing field is evened out. They say it is still risky for some same-sex couples to marry because many states do not prevent employers from discriminating against workers on the basis of sexual orientation--which can be problematic for people who may relocate--and federal law still does not recognize gay marriages, and neither do a number of states.
The change will not go into effect immediately. Employees with domestic partners of the same-sex can no longer apply for the domestic partner coverage, but those who already have it will not lose their eligibility until Jan. 1, 2014.
The change appears that it will only impact Maryland state employees. There are no plans to end the benefits that Montgomery County offers to unmarried gay couples.
This decision reflects just one adjustment that Maryland is now facing in order to bring its policies and family laws up to date now that same-sex marriage is legal.
Source: Baltimore Sun, "With same-sex marriage now available, state to end benefits for domestic partners," Michael Dresser and Carrie Wells, May 3, 2013
]]>However, it is feasible for many families to continue to build a college savings account during and after divorce and parents who have this priority should make a point of bringing up this topic with their family law attorneys.
]]> Many Maryland parents who are saving money for their children's college expenses are doing so with a 529 plan account, which is a tax-advantaged investment account that can be used only for higher education. If money is withdrawn for any other reason, the account holder would be assessed a tax penalty.For those who have these accounts, it may be wise to freeze them during the divorce process so that neither spouse will take money out of it. During the time of the freeze, no more deposits can be made into the account, but this allows a break period for the spouses and their attorneys to decide how to divide the account.
In some cases, it might be best to have the account split into two separate 529 plans, and each spouse could then be responsible for their own account, choosing how to invest and spend it. A divorce settlement could also be used to mandate that a certain portion of each 529 account would be used toward a child's education.
This is just one option for addressing college savings during divorce. Depending on a couple's marital and individual assets and priorities, the options may differ. Divorcing parents should be aware, however, that it is generally possible to make plans for future college savings during divorce negotiations. For many people, it is best to tackle this issue during divorce so that a framework for their children's education costs can be included as a part of the official divorce settlement.
Source: U.S. News & World Report, "Discuss College Savings During Divorce Process," Reyna Gobel, April 29, 2013
]]>A column that ran in the Huffington Post earlier this month detailed several common pitfalls that divorcing individuals would do well to avoid. The following are a few divorce hazards mentioned in the column that those preparing for divorce should steer clear of.
]]> 1. Remaining friends with the exMany people, especially those who are going through more amicable divorces, try to remain friends during the divorce. This is only natural, as you have likely been close to this person for many years. However, at least during the actual divorce, it is best to set some boundaries. A divorce legally dissolves a partnership, and being friends with the partner during this process may cloud one's vision. This is not to say that divorcing spouses should not be polite or kind, but this really is a time to prioritize one's own interests.
2. Making quick decisions
Divorce is tough, and as such many people simply want to get it over with. These people may make hasty decisions about property division, alimony and the marital home. While many divorcing people want to hurry up to close this chapter to begin the next, the decisions made during a divorce can affect a person for the rest of his or her life. It is important to evaluate one's short- and long-term needs, priorities and legal rights when dividing one household into two.
3. Doing it all alone
As mentioned above, many Montgomery County residents want a quick and easy divorce and so they choose a do-it-yourself option. It is important to recognize that divorce is not only a personal and emotional decision, but also a legal and financial one. Those who are going through a divorce should take advantage of the professional help that is available. This includes a divorce attorney and depending on the circumstances of the divorce, possibly a financial counselor and therapist. These professionals can give people the tools to protect themselves during and after divorce.
Source: Huffington Post, "5 Common Divorce Mistakes," Allison Pescosolido, April 8, 2013
]]>A potential example of this is currently playing out in the news media, which is continuing to cover the ongoing property division disputes of Frank and Jamie McCourt. The couple married in 1979 and Frank McCourt purchased the Los Angeles Dodgers in 2004. Although their divorce was settled in early 2012, Jamie McCourt is now accusing her ex-husband of fraud for low-balling the value of the Dodgers in order to cheat her out of a fair divorce settlement.
]]> Jamie McCourt says that she accepted a $131 million settlement under the impression that Frank McCourt's assets--including the Dodgers--amounted to $300 million. Two months after the divorce was settled, Frank McCourt sold the team for $2.1 billion, and Jamie McCourt now believes that she should have been entitled to a settlement of at least $900 million.The non-jury trial is expected to begin tomorrow and last at least several days.
Maryland residents may find it difficult to relate to the McCourt divorce, where billions of dollars may be at stake. However, this divorce illustrates some very important steps of the property and asset division process. One of the most important elements of this process is to be sure to have all assets accurately valuated. If assets are not assigned a proper value, it is impossible to divide things equitably. This case also shows us that although divorce settlements are typically final, if fraud took place it may be possible to go back to court. Of course, it is preferable to avoid this by achieving a fair divorce settlement in the first place.
Source: CBS Los Angeles, "Frank, Jamie McCourt Headed Back To Court Over Bigger Divorce Settlement," April 17, 2013
Source: Beverly Hills Courier, "McCourt's Head To Court, Fighting Over Value of L.A. Dodgers," April 17, 2013
]]>Divorce can be very complicated, and it has been reported that many couples these days are deciding to cohabitate without marrying in order to avoid some of the messiness that a divorce can bring. However, many unmarried couples might not realize that a breakup can be even messier than a divorce.
]]> Marriage offers partners a number of legal protections--the most important, perhaps, being that there is a formal way to dissolve the relationship. When married couples divorce, there are laws that govern the division of property and the role of spousal support. There are also legal procedures for navigating issues involving children and child support as part of the formal dissolution of a marriage.When unmarried couples breakup, there is no such structured legal process, and people are generally on their own to navigate their way through property division, custody and support issues, with very few legal protections to keep things fair. This can be particularly problematic if one party acted as a stay-at-home parent during the relationship while the other earned the household's income--because the stay-at-home parent may not have a legal right to that income.
More and more people are dealing with the disorganized aftermath of such breakups because marriage rates are currently at record lows in the U.S.
Although unmarried couples may have fewer rights than married couples when it comes to ending a relationship, they may still benefit from seeking legal counsel. Family law attorneys can help unmarried people navigate the various legal issues involved in ending a relationship and help protect their interests to the extent possible.
Source: New York Observer, "No Divorce Is the New Divorce: Moms and Dads Navigate Messy Breakups in Marriage-less World," Rose Surnow, March 19, 2013
In a recent controversial case that took place in Minnesota, the state supreme court awarded custody of two black toddlers to the white family that had fostered them since birth rather than to their biological grandparents. Though race was not considered as a factor in the case, "cultural needs" were reportedly considered.
]]> This case involves two children, ages 2 and 3, who each tested positive for cocaine at birth. As a result, the parental rights of their mother and father were terminated and the girls were placed with suburban foster parents in Minnesota. Meanwhile, the girls' paternal grandparents who lived in rural Mississippi requested to adopt the girls, but their paperwork was stalled.Two months after the second child's birth, the foster parents moved to adopt the girls. While they were working on their adoption petition, the county received the grandparents' petition.
The court maintained that relatives, such as grandparents, should be considered first when they want to adopt children but that they should not be given any preference.
A judge ruled that it would be emotionally damaging to remove the girls from the only home they knew, and that it was in the best interests of the girls to stay with the foster parents who could better address their special needs. The grandparents appealed, but an appeals court ruled in favor of the foster parents, and ultimately the state's highest court did, too.
This case has raised many questions about not only grandparents' rights but also race, culture and where a child's best interests truly lie. As one judge who disagreed with the decision explained, he believes adoption petitions of relatives should be considered first and no other petitions should be reviewed unless the relatives cannot meet the child's needs. The grandparents also argued that although the foster parents may also be fit to care for the girls, only the grandparents would be able to provide them with a sense of culture and family history.
Source: Star Tribune, "Plymouth foster parents, not family, get custody of kids," Abby Simons, March 27, 2013
]]>These lines of thought are somewhat emotional, and while divorce is of course an emotional time, it is also a time to remain level-headed and protect one's financial and legal interests. In many cases, one does not have the chance to choose whether to file first, but when one does have the option there may be several advantages to doing so.
]]> A Forbes columnist recently detailed several of the advantages of filing for divorce before your spouse:The person who is the first to file also will have time to methodically select a divorce attorney who can help him or her with the steps mentioned above. Those who are blindsided with a divorce filing may feel rushed, stunned, and less able to make these decisions in a strategic way. Of course, one does not always have the option to file first. In those cases, skilled attorneys can still help ensure that one's interests are protected throughout the divorce.
Source: Forbes, "What Are The Financial And Legal Advantages Of Being First To File For Divorce?" Jeff Landers, March 26, 2013
]]>Of course, any divorce involves the complex process of dividing one household into two, and this can result in a tough financial situation for divorcees of any age. For those who are closer to retirement, however, this means that a retirement pool that was designed to fund retirement for couple must now be stretched to fund two separate retirements. It has been estimated that it costs about 30 percent more to retire as two singles rather than as one couple.
]]> People who are divorcing later in life can, however, do a number of things in order to ensure that their divorce has as minimal an effect on their retirement as possible. One of the first steps is to discuss one's retirement plans and needs with a divorce attorney who will then work to obtain a divorce settlement that will be as accommodating as possible. The divorce attorney may recommend working with a financial planner as well.Other recommendations that were recently included in a USA Today report include the following:
In conclusion, those who divorce close to retirement may need to accept adjusting their retirement plan and their lifestyle. Working with a skilled family law attorney and financial planner can help people to make wise decisions regarding their divorce settlements and amend their retirement plans.
Source: USA Today, "Boomer divorce: A costly retirement roadblock," Rodney Brooks, Feb. 26, 2013
]]>The decision has been called very rare if not unprecedented, and many have suggested that this may spark additional legal claims by those who feel that they were duped into signing prenuptial agreements.
]]> In this case, a woman has argued that her then fiancé pressured her to sign a prenuptial agreement four days before their 1998 wedding. Her husband-to-be told her that the agreement would be torn up if they had children--which they did, and he didn't.An appeals court has now ruled that even though the promise to throw out the agreement was not written into the prenuptial agreement itself, the agreement is not valid because the man improperly induced the woman to sign it.
According to news reports, the man gave his bride-to-be a last-minute ultimatum, saying that he would not go through with the wedding--for which her father had already paid $40,000--if she did not sign on the dotted line. Convinced that he would destroy the prenup when they started a family, she signed.
The man has indicated that he is going to appeal the court's decision.
It is important that Maryland residents understand that prenuptial agreements are legal contracts. As such, they are not valid if they are fraudulent. On the other hand, most prenuptial agreements are drafted properly and are legally enforceable. Those who are writing or enforcing a prenuptial agreement would be wise to work with experienced legal professionals.
Source: The Wall Street Journal, "NY Court decision voiding prenup sparks legal roe," March 12, 2013
One issue that has become more controversial in recent years is the fact that alimony can be ordered for an indefinite period of time--for a lifetime, in some cases. Alimony is generally only ordered indefinitely if a court finds that the party who seeks alimony cannot be expected to become self-supporting. It can also be awarded if a court believes that even after that party would make substantial progress toward becoming self-supporting, the lifestyles of the two parties would be very unequal.
]]> A movement is growing in many states to put an end to indefinite alimony, and the pressure is also hitting military divorce law. Under federal law, ex-spouses of U.S. military service members may receive half of the military spouse's retirement pay until death even if the non-military spouse remarries or begins earning a reasonable income.This is because the Uniformed Services Former Spouses Protection Act allows states to consider non-disability military retirement pay as property for the purposes of divorce, and it can thus be split in half in a divorce settlement.
Opponents of the USFSPA have said that the military should not be subject to divorce requirements that do not apply to others. Proponents argue that the ex-spouses of service members have a right to the retirement pay because of sacrifices they've made as military spouses.
The future of the USFSPA and of state alimony laws remain to be determined, however this debate illustrates that many people feel they are treated unfairly during divorce. In order to help ensure that the division of property and assets is as equitable and appropriate as possible during divorce, it is often beneficial to work with a skilled family law attorney.
Source: NewsMax.com, "Military Divorcees Aim to End Lifetime Alimony Rules," David Yonkman, Feb. 18, 2013
]]>To many, this might sound like common sense. Many people agree that of course those who are guilty of committing sex crimes against children should not have custody of any children. However, others say that there are already enough laws on the books to protect children from these types of custody arrangements, and others say it is not fair to sexual offenders who have been rehabilitated.
]]> One father and ex-convict, for example, told a Southern Maryland Online news reporter that he is against the bill. In 2009, the man was convicted of the sexual abuse of a minor, and since then he has undergone therapy and says he is a changed man. In fact, he is now married and is raising a 2-year-old child. He says he knows of several other men as well who have been rehabilitated and should have the right to raise their children.If passed into law, this standard would not apply retroactively. It would only affect those who are convicted of sexual abuse of a child after October 2013.
Under current Maryland law, courts do consider evidence of abuse when determining the best interest of a child. The best interest of a child is the central priority in child custody and visitation disputes. Courts, however, have tended to only deny visitation in more extreme circumstances, finding that noncustodial parents do not necessarily lose the right to supervised visitation if they are guilty of sexually abusing a child.
The future of this bill is unknown, as it has yet to advance from the committee hearing. Parents who would like to prevent an abusive parent from having child custody or visitation rights would be wise to discuss this with their family law attorneys. Additionally, those parents who may have criminal records or are facing accusations of abuse should discuss the potential child custody ramifications with their legal counsel.
Source: Southern Maryland Online, "Legislators Want to Restrict Custody Rights for Parents Convicted of Child Sexual Abuse," Amber Larkins, Feb. 28, 2013
A federal judge initially allowed the child to be returned to Scotland because it had been her normal residence. The girl's father appealed the decision, but because she had already been sent to Scotland a court dismissed the case saying that it was no longer in U.S. jurisdiction. The U.S. Supreme Court has now intervened and ruled that the man's appeal can continue in the U.S.
]]> The Supreme Court's decision on this matter has been viewed as precedent-setting, because it answers a very important question about international child custody cases and may add clarity to the Hague Convention.The Hague Convention is a child custody treaty that has been signed by 80 nations, including both the U.S. and Britain. This treaty requires the return of children to the nation of their "habitual residence," which is why the child at the center of this case was returned to Scotland. This court decision shows that a child's return to his or her country of habitual residence, however, does not necessarily mean that an appeal of that custody decision in the other involved country must cease.
Child custody disputes can be very complicated even when they do not cross borders. When they cross even state lines, however, things can become very difficult. It is often beneficial to seek legal counsel during a child custody dispute in order to protect one's parenting rights and the best interests of the children involved.
Source: CNN, "Supreme Court says overseas custody fight can continue," Bill Mears. Feb.21, 2013
One of the first things to do when deciding what to do with the marital home is to have it appraised. In some cases, both parties may agree on an appraiser to hire, but in others both parties may want to commission their own appraisals. It may be important for each person to involve their family law attorney in this process to ensure that the appraisal that is used is objective.
]]> In some cases, when one of the spouses owned the home prior to marriage, it is also necessary for a real estate appraiser to determine what the property was worth before it became part of the marital estate.Once fair market value is finally established, it is necessary to subtract existing mortgages to determine the equity. At this point, parties can decide with the assistance of their attorneys what to do with the home. If there is a significant amount of equity, it may be wise to sell the home and split the proceeds. If there are children involved, it may be preferable for the custodial parent to keep the home.
In cases without children, one of the parties may still want to keep the home for one reason or another. In such cases it may be possible for him or her to buy the other party out, or give the other party other marital assets in exchange. In order to decide what is best, it is important to consider children, tax implications, any debts and liabilities, and current and future housing needs, in addition to other things. Skilled attorneys should help divorcing couples negotiate appropriate settlement terms when it comes to these complicated matters.
Source: Forbes, "Seven Key Points Divorcing Women Need To Know About Real Estate And Real Estate Appraisals," Jeff Landers, Jan.22, 2013
]]>Divorce comes with a number of tax implications. First, depending on when a person divorced or is planning to divorce, this may affect their chosen tax filing status. Second, the division of assets during divorce can have a significant impact on one's tax liabilities, and this should be taken into account during the divorce process.
]]> One thing that has no effect on federal taxes is child support. The parent who pays child support may not deduct this and the parent who receives child support should not report this as income. Alimony, on the contrary, is deductible by the payer and reportable as income by the payee, and as such the tax implications of this should be considered when determining spousal support.Spousal support is just one of many things that should be examined closely for tax effects during the process of negotiating a divorce settlement. Homes, business assets, investment portfolios and retirement accounts may all generate certain types of taxes or tax breaks.
Because every divorce and every set of assets and debts involves its own unique concerns, it is important for those who are going through a divorce to ask their family law attorneys about tax issues. In some cases, family law attorneys may choose to involve accountants or other specialists to ensure that a client's interests are as protected as possible.
Source: The Wall Street Journal, "New Tax Rules Complicate Divorce," Arden Dale, Jan. 31, 2013
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