Legal experts say they doubt that the woman will receive the astronomical sum, saying that the judge is likely to strike down the woman's request. This is because judges must consider the amount that it reasonably costs to pay for a child's needs--not necessarily what the custodial parent wants. Formulas exist for this purpose, and judges generally plug in income and asset information to determine appropriate child support payments.
]]> Evangelista's ex is the CEO of the company that oversees Yves Saint Laurent, Gucci and Bottega Veneta. He is among the world's elite financial magnets, owning luxury homes throughout the world in locations such as Los Angeles and Paris. The man is also heir to an estate valued at more than $11 billion, a haul that includes Christie's auction house, well-known vineyards in the Bourdeaux region of France and a premiere league soccer team.Evangelista apparently never married the man, who is wed to film superstar Salma Hayek.
The man argues that the terms of the proposed agreement are audacious at best, saying that they are too much even for a man who has been referred to as the "King of Luxury." Evangelista has defended her request, saying that the boy requires a personal security detail because of his lineage. The child currently has a host of armed bodyguards, along with a personal driver. He also has a crew of nannies for all times during the day, primarily because Evangelista works grueling hours and cannot care for him directly.
Accusations have surfaced that the supermodel is simply using the boy's situation to gain publicity for her own career, but she has dismissed those rumors.
Source: The New York Daily News, "Supermodel wants her boy to get at least $46K per month," Barbara Ross and Bill Hutchison, April 30, 2012.
]]>At stake during the divorce were more than $70 million in assets, including real estate, stock and cash, according to official documents. Properties included the family's main residence, a five-bedroom home located in Belvedere. The couple also owned a $6 million condominium in Laguna Beach, as well as two adjacent residences in Squaw Valley and a $1 million property holding in Napa Valley. The properties were paid in full.
]]> Also included in the divorce assets were sailboats, five motorcycles, season tickets to the San Francisco Giants' baseball games and pre-booked time on a Marquis Jet. In addition, memberships to a variety of yacht and country clubs were considered.The divorce had started peaceably enough, but the proceedings soon became vicious after a 2009 letter from the man's lawyers to the woman's legal team. That letter accused Decker of having multiple extra-marital affairs, installing surveillance equipment to spy on her husband in their Laguna Beach home and using illegal drugs. When that document was leaked to an Internet news source, the battle became increasingly bitter.
The divorce also affected Yahoo!, which was subjected to subpoenas and other legal actions to obtain e-mails and documents related to the company's finances. The documents, which date back to 2000, describe some of the company's most sensitive dealings, including information about investor dissatisfaction, which led to the firing of a previous president.
A trial had been scheduled for April 23, but a late-night resolution was reached on Sunday thanks to the overtime efforts of the two parties' lawyers. On Monday morning, the attorneys presented the settlement document to the judge, who approved of the compromises contained in the document. The trial had been expected to last about 10 days.
Source: Mercury News, "Ex-Yahoo president, husband settle bitter divorce case," Gary Klein, April 23, 2012
]]>In addition to the release of several memoirs about escaping from the Orthodox Judaism sects located in New Jersey and New York, several advocacy groups have sprung up to help protect women during divorce proceedings.
]]> Some Orthodox women say their religious heritage strips them of rights during the dissolution of a marriage and they accuse people within the community of enabling abuse. Women in the Orthodox community are often shunned when they ask for a divorce, with families even mourning the woman as though she was dead.Women are often harassed by religious authorities, they say, who threaten to band against them to remove children from their care after a divorce. In some cases it is reported that family attorneys have encouraged women to defer to their religious customs rather than cause a scene during child custody hearings. In other words, women fear that they may lose their children if they choose to lose their religion.
Fear pervades the female population within this religious community, according to some who have left the Orthodox faith. Women often feel pressured to allow an Orthodox court to conduct the divorce, rather than initiating the process in secular courts. Rulings tied to the Orthodox court can be considered legally binding, specifically the provision that the children of the marriage be raised in the Orthodox faith. Many women do not realize that these are legally enforceable restraints that can cause them to lose custody of their children, even if they turn to secular courts at a later date.
It is important, activists say, for Orthodox women to understand their rights and options related to divorce and child custody agreements. Before initiating divorce proceedings, these women should consider consulting with a secular attorney who can advise them in civil regulations, sometimes even those pertaining to the Orthodox court proceedings.
Source: Star-Ledger, "Among N.J. Orthodox Jewish women, child custody fears form barrier to freedom," Fraidy Reiss, April 15, 2012
]]>The properties were purchased by the businessman through trusts linked to himself and his 22-year-old daughter. During the past four years, the funds were allocated toward a mansion in Palm Beach, Florida, and a high-end penthouse in New York City. More than $180 million was spent on the two properties.
]]> The New York property currently sits empty, according to the building's administrators. The man's daughter had planned to move into the 6,744-square-foot residence as she finished her degree at the Harvard University Extension School, but she has not yet done so. The woman is planning to decorate the apartment as soon as possible, according to reports, with permission from the trustees managing her financial assets.The Florida property is also allegedly unlivable, according to real estate reports. The young woman has been to visit the property only once since it was purchased, simply to inquire about demolition and rebuilding potential. She reportedly stayed in the pool house during her trip.
Trustees for the man's financial holdings say that no modifications to either home will be permitted until litigation related to the divorce is resolved. The man's ex-wife has laid claim to the Florida property, blocking the couple's children from using the residence. The woman has argued that she has a legitimate claim to the property, accusing the man of naming the couple's two daughters as the sole beneficiaries of a trust without her knowledge or permission. The man's wife has accused him of hiding assets through purchases facilitated through the trusts, prohibiting her from accessing the properties' values through surreptitious financial maneuvers.
The man's lawyers have argued that he was simply planning the distribution of his estate early through the trust decisions.
The couple's divorce papers were filed in Geneva in 2008, when the woman said she was fed up with her husband's affairs with other women. Litigation has been pending in the case ever since.
Source: The New York Times, "Divorce, oligarch style," Alexi Barrionuevo, April 5, 2012
]]>The New York Court of Appeals dismissed a suit brought by the man against his ex-wife on April 3, according to legal documents. A Manhattan appellate court had previously decided that the case could proceed but the most recent ruling overturns that assertion.
]]> The man had filed a suit claiming that his wife had been unjustly enriched because of the stipulations included in their 2006 divorce agreement. Appeals Court justices countered the argument, saying that the man could have withdrawn much of his money before the Ponzi scheme began to rapidly fail in 2008. That was more than two years after the divorce decree was finalized. Justices contended that the money was no different than any other asset that had been unexpectedly devalued and it thus didn't deserve special treatment.The couple had separated in 2002 after being married for nearly 30 years. The divorce was finalized in August 2006. The man had agreed to pay a total of about $6 million in the settlement, with the contested $2.7 million residing in an account that was managed by the infamous Madoff. In 2004, that account was valued at $5.4 million, according to financial statements.
Madoff is currently serving a 150-year sentence in federal prison after pulling off the biggest Ponzi scheme in history. He was convicted in 2009 and a trustee continues to liquidate the firm's assets in the state of New York.
Source: Bloomberg Businessweek, "Madoff victim can't revise divorce deal, Appeals Court says," Chris Dolmetsch, April 3, 2012
]]>Collaborative law is a chance for couples at odds to civilly communicate their wishes and constructively come to an agreement. Collaboration between both sides in a divorce lends itself to a more agreeable settlement for everyone involved.
]]> While it may be surprising to see two newly divorced people out for drinks following a mediation session, it has happened before. It may not be common but, at the very least, couples can expect to leave with less negativity than a lengthy, expensive and vitriolic courtroom drama.Each family is different and, when there is a child or children involved, it is important to focus on their needs instead of one parent being a winner. It is common knowledge that, whenever possible, a child benefits from the presence of both parents, even if they are no longer married or romantically involved. By meeting on neutral ground, hearing the other side and coming to a mutually beneficial agreement, parents can ensure their child's welfare and their own sanity.
Mediators are uniquely situated to help both sides reach an agreement. If they cannot do so, they are prohibited from representing their client in court. At the very outset, both mediators sign a binding agreement that, should mediation fail, they will not represent their client. The incentive for agreement is high.
It may seem like an impossibility, but the goal of collaborative law is to make everyone a winner. While it may sound like new age, feel-good jargon, the possibility of an intact family after a divorce makes collaborative law worth investigating.
Source: The Mayo News, "Divorce without the drama," Brid Manifold, March 27, 2012
]]>However, if the prize winner is in arrears for debts like child support, the final dollar amount received may be less than they anticipated.
]]> Last year, a 22-year-old man won a $100,000 Midwestern lottery prize. Several months later, he was arrested for unpaid child support. According to the complaint, the man faces five felony counts and one misdemeanor count of failure to support.The mother of his 4-year-old child has been waiting for some financial relief for quite some time. The child's father has not paid approximately $4,300 in child support. According to the woman, she has been trying to get him to pay for quite a while and was relieved that he had finally been arrested.
Of the man's $100,000 winning, he took home about $71,000 after taxes. Federal taxes take one quarter of the prize and state taxes take four percent. A lottery spokeswoman said that she could not disclose if they had withheld any amount other than taxes.
Before the lottery pays out winnings, it is customary to perform a check for outstanding child support payments. It is unconfirmed if lottery officials did such a search in this case. The state sent a specific child support enforcement request about a month after the man claimed his prize. He has been wanted for unpaid child support since at least 2009.
Officials also stepped up their pursuit of the man because of a national scandal that the family is involved in. The man's father, a wanted English fugitive, was recently arrested on federal charges of firearms violations, aggravated identity theft and document fraud. British authorities intend to begin the lengthy extradition process.
The director of the county's Child Support Agency said that the agency had concerns that the family would soon leave for England. Pursuing child support payments is much more difficult when the person has fled the country.
Source: NECN, "Fugitive's son arrested on child support charges," March 16, 2012
]]>During a custody hearing, teachers can and often do give testimony that greatly impacts the judge's ultimate decision. Knowing that a parent is involved with his or her child's education means that they are willing to invest not just money but also time and effort into raising a child.
]]> When parents separate, it is easy for the educational aspect of a child's life to be left to one parent. However, it is important that a father seeking custody not be shut out of his child's learning environment. There are a few ways that a father can be sure that his children's teachers know he cares about their education.One simple way to make an impression on a teacher is to show up to parent-teacher conferences. If there are none planned, take the initiative to set one up. Let the teacher know that you care about your child's progress and ask to be kept in the loop. Be sure to share your contact information and make it clear that both parents care about the child's schooling, not just one.
Another way to have your presence known is to volunteer to chaperone a field trip. Taking a day off from work to accompany the class on a day trip is well worth the effort and is a valuable bonding opportunity. It shows you are willing to go above and beyond what is necessary.
If you are pressed for time, help your child with their homework or projects when you can. Many classes have assignment books that a parent initials. Make sure you take part and it will be noticed by the teacher and judge, in turn.
Source: Huffington Post, "Want Custody Of Your Kids? Get Involved With Their School!" Joseph E. Cordell, March 8, 2012
]]>Mediation, however, is not just ideal for divorces. Couples who have entwined their lives financially through business or children will likely benefit from mediation instead of litigation. Mediation can resolve issues from the division of property to spousal support. Mediation is known for upholding relationships in cases where a couple is separating but wishes to stay in contact with extended family or co-parent.
]]> In some states, mediators go through formal certification or licensing. Each mediator has his or her own style for mediating. The important thing to remember is that a mediator is not an authority -- they do not seek to come to a decision for the couple. Their role is to listen to each side and facilitate communication and understanding.When children are involved, they are sometimes brought into the discussion. If the parents feel that the child is old enough and mature enough, they may be invited to voice their feelings. In a process that is often scary and stressful for children, being given a voice can be very empowering and reassuring for them.
At the end of mediation, the mediator will write up a Mediation Memorandum. While not a legally binding document, the Mediation Memorandum outlines the agreement that both parties can sign their name to and follow. Most couples will then take the memorandum to their separate attorneys for review. The attorneys can then draft their own document referring to the memorandum that will be legally binding.
The mediation process can be a long process, depending on the couple's relationship and schedules. However, compared to courtroom litigation, the process is flexible, forgiving and faster.
Source: Pittsburgh Post Gazette, "The Anti-Antagonist: Conflict and divorce mediation," Ann Begler, Feb. 29, 2012
]]>Action on Smoking Health, an anti-tobacco advocacy group, found in a review of court cases involving cigarette and tobacco use that states are increasingly considering cigarette smoking when deciding child custody. At least 18 states, including New York, acknowledge that smoking is an important enough issue to factor it in child custody cases.
]]> In some cases, courts have prohibited the use of smoking in the presence of the child, including in vehicles. Moreover, some courts have even prohibited smoking in homes and cars 24 to 48 hours before the child arrives. In cases where a parent smoked around their child, they have sometimes lost custody or had visitation reduced.In fact, if a parent suspects the other parent of smoking around the child or taking the child to places where others are smoking, they can often have the child custody and visitation arrangement modified.
One woman in New York was told by a judge to stop smoking in her home and car if she wanted to keep her visitation rights with her son. In another case, a woman was found smoking around her child who had asthma. The judge decided that she had insufficient concern for her child's well-being and altered the custody arrangement. If a parent does not think they can quit smoking and is facing a custody case, it is best to take measures to smoke outside and not in the home or car.
The effects of secondhand smoke are well documented and the increasing interest in the court should come as no surprise. While some argue that it is a slippery slope to decide what habits a parent can and cannot perform, it is unlikely that the court will soon dictate other aspects of a child's raising, such as diet or sleep.
As one Supreme Court Judge stated in a law review article, failing to consider cigarette smoke when deciding child custody cases, in light of all the scientific evidence against it, would be failing the child's best interests, which the court has been charged with upholding.
Source: The Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012
]]>Early on in the divorce process, a divorce lawyer will likely ask his or her client to fill out financial affidavits, forms that record assets and expenses. In New York, the form is called a Statement of Net Worth. These documents are vital to the divorce process. However, most people find themselves burdened as to how to accurately fill out the forms.
]]> Most people just estimate or guess said one divorce financial strategist who specializes in financially complicated divorces. A lawyer will accept the form without closely double-checking the facts and the client must sign the statement that all information is correct under penalty of perjury. Any mistakes or oversights could dramatically impact the financial outcome of the divorce.When seeking help, it is important to consult a certified divorce financial analyst. While a regular financial advisor may be the master of their field, they simply do not know the specifics of the divorce process and the information needed for it.
To prepare for a financial affidavit, a Lifestyle Analysis is a good first step. The analysis will show the spouse's standard of living during a marriage. It looks at daily expenses and spending habits. Combing through financial statements will reveal normal, recurring expenses as well as unusual, non-recurring expenses.
In the process of assembling a Lifestyle Analysis, discrepancies often paint a clearer picture of the marriage. In some cases, one spouse has handled the family's finances and perhaps covered up questionable practices, such as unknown assets and income or even an extramarital affair.
Even if divorce is not a looming threat, spouses may wonder how they would be affected in the case of a divorce. Regardless of the situation, Lifestyle Analysis is a useful tool to understand day-to-day expenses as a married or single person.
Source: Forbes, "Why a Lifestyle Analysis Is So Critically Important For Divorcing Women," Jeff Landers, Feb. 14, 2012
]]>In New York, those payments used to be set by the judge, who would set the amount "as justice requires." As of 2010, the amount is calculated using a specific formula. Any deviation from the formula in the amount of spousal support must be expressly justified by the judge.
]]> A case was recently heard in appeals court where the judge decided on an amount of support that was more than the amount required by the formula. In this specific case, the man was ordered to pay his ex-wife $13,970 each month, in addition to $5,317 for the mortgage on the house she and the children were living in and $855 for health care expenses. Following the formula, his payment would have been $11,500 each month.The appeals court rejected the amounts set by the judge and returned the case to the lower court for reconsideration. They argued that the judge did not justify his alterations to the formula.
One lawyer has said that this appeal has clarified an important part of the relatively new support law. The appeals court explicitly stated that the single payment, as dictated by the formula, is intended to cover all living expenses. Mortgages, child and healthcare bills are included in the sum, though not specifically laid out in the law.
The man's lawyer says that this appeal prevented a "basic injustice" to his client. The attorney for the woman involved in the case said that he expects the lower court to more or less uphold the judge's original support amount and give the justification for it. Both lawyers agree that the clarification provided in the appeals court's decision should address some points of grief that the lower court judges were facing.
Source: Thomson Reuters News & Insight, "Appeals court sets guidelines for alimony and child support," Joseph Ax, Feb. 7, 2012
]]>When a creditor comes knocking, a marriage license can sometimes work to your benefit. If money is in joint accounts and the home is in both names, some states call these assets "tenants in the entirety," and they cannot be seized by creditors if only one spouse is being sued.
]]> That protection only works on accounts held by married couples. If the account is between non-spouses, such as a parent and adult offspring, creditors can try to take control of the account. In one case, a competent lawyer fought off the creditors by proving that the parent owned the money, not the son who was being sued. The process, however, was lengthy, complicated and expensive.While retirement accounts, such as IRAs, 401(k)s and pensions, are usually safe from creditors, they are fair game in a divorce. Small business owners often have a lot to lose in divorce and credit litigation. One suggestion is to put money into a trust. Payments are made from the trust, but creditors cannot touch it. It is irreversible, however, so it should not be done hastily. It is good protection for future disasters, small or large, and small business owners are strongly suggested to look into it.
Source: STLtoday.com, "Keeping the judgment hounds at bay," Jim Gallagher, Feb. 5, 2012
]]>Whether the union is legally recognized or not, both heterosexual couples as well as same-sex couples are finding that staying out of the courtroom is more efficient with time, money and emotion. The collaborative law process is one that emerged in the early 1990s as an alternative to costly and often drawn-out divorce litigation. Rather than emerge from the courtroom with one winner and one loser, collaborative law seeks to have both parties leave the mediation room satisfied with the outcome.
]]> The process starts when both parties agree to not go to court. If the mediation fails and the couple pursues litigation, the lawyers cannot represent their client in court. The process often entails the expertise of neutral parties, such as a mental health professional or a financial expert. These uninterested parties can look through the haze of emotion that often surrounds a divorce and get to the heart of the matter at hand.In mediation, all options are explored until a settlement is reached. Some say that same-sex couples may be even well-suited for collaborative law because they are already used to more equally sharing responsibility and more easily deal with conflict. Regardless of the gender of the parties involved or their legal standing, all couples can benefit from the collaborative law process.
Source: Huffington Post, "Gay Divorce: How the Collaborative Family Law Model Can Help Parting LGBT Couples," Angie Bain, Jan. 27, 2012
]]>The father was given custody of the two children following the mother's disappearance, though he is currently the only suspect. He filed paperwork saying that his kids needed the child support that he would otherwise be sending to the mother. He was paying $800 a month and the judge agreed that he should use the money for the children instead of it sitting in an account, unused.
]]> The man's attorney said that during this difficult time, the important thing is to focus on that the children are being cared and provided for. The missing mother's friends and family said that they understand the father's situation and why he made the request, but were bothered by his decision to not show up in court. His attorney said it was obvious. A few of the woman's supporters were holding signs outside the courtroom and feel that the man is withholding information about her disappearance.While investigators have not released much information to the public, they did share that divers found the woman's cell phone in a local lake. The father has not been charged in her disappearance.
Child support issues like this can develop at any time and it's important to work with an experienced family law attorney who can help you figure out your options and determine if you need to modify the agreement.
Source: Fox 35 News, "Child support payments waived for dad in missing mom case," Shannon Butler, Jan. 19, 2012
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