The act has since been revised several times and now requires each parent to receive 35 percent of time with the child. The reform would be a drastic change from current law, which only requires a parent spend 25 percent of the time with their child.
]]> The child support reform effort received mixed reactions, which transcended gender and party lines. The bill makes exceptions only for divorce cases involving child abuse or domestic violence. Critics of the bill worry its rigidity will prevent judges from considering several important factors in determining the best interest of a child. Proponents of the Act argue that children of divorce benefit from having significant amount of time with both parents.The bill, which passed the Senate with a 46-19 vote, requires the governor's signature to become law. If approved, the new law will become effective July 2013.
The legislation does not change the standard for joint custody, which remains the best interest of the child. Although child custody determinations will change if the bill is enacted, judges will still have discretion to award a parent with as much as 65 percent of time with the child. This discretion will continue to allow judges to consider and weigh factors necessary to protect the child's best interests.
Custody and parenting time are essential concerns in many divorces. At the same time, visitation rights and custody are among the most charged emotionally-charged issues in a divorce and sometimes require mediation or other methods of dispute resolution to reach resolution. An attorney with family law experience can help with the mediation process and provide insight into the legal steps involved in a custody negotiation.
Source: Northland's NewsCenter, "Equal child custody law passes Senate; goes to Governor's Desk," May 10, 2012
]]>In some cases, however, long-standing disputes make it difficult for parents to cooperate in making their custody arrangement or co-parenting plan work successfully. Recently, federal authorities have charged a man for violating his court-enforced custody arrangement by moving his three children overseas without his ex-wife's endorsement.
]]> As part of the couple's divorce decree, the man had sole physical custody of the children, but the mother was granted visitation time. In addition, the agreement allowed for the man to move the children overseas if the mother approved of the decision.According to reports, the man told his ex-wife that he was taking their children to his native country, Palestine, for a family wedding, but informed her that they would not be coming back after they left the country. The man indicates he did not violate their divorce settlement because his ex-wife actually approved of his decision to move the children out of the United States. Furthermore, he says that the kids knew they were moving, not just visiting family.
Federal officials have moved forward with charges against the man, because there is some evidence that he forged documents that showed he had arranged a return flight. Furthermore, the woman said she would not consider allowing the children to move to Palestine, because of the politically sensitive situation.
It's obvious that this case involves a complex web of emotions and legal complications, yet both parents seem to want to do the best thing for their children; they just have a major disagreement over what that entails. If parents have difficulty reaching a child custody agreement, it is likely that a family court judge make one for them.
Additionally, this case is a reminder that custody enforcement is just as critical as making the arrangements. If parents do not act according to the terms of their custody agreementment, they may face serious legal consequences.
Source: WVIR-TV News, "US claims father illegally moved kids to Gaza," Roxana Hegeman, May 2, 2012
]]>In order to hammer out the last details of their settlement, Decker and her soon-to-be ex-spouse were set to appear in court. However, the announcement of an out of court settlement came just hours before the trial was set to begin. Though the business savvy couple came to terms with each other, they spent many years entwined in a bitter dispute.
]]> Shortly after the couple filed for divorce in 2007, they attempted to work out a child custody arrangement. During that time, allegations came forth from the husband's legal team that Decker had an affair, attempted to spy on her husband and used illegal drugs. Similar claims came forth about Decker's husband as well. Fortunately for their three children, a custody arrangement was eventually created.After the tumultuous custody proceedings, the couple had trouble determining how to split their estimated $71 million in physical and financial assets. While they attempted to come to a property division agreement, Decker's business dealings with Yahoo came into question. Numerous subpoenas were issued to obtain Decker's records and communications from her tenure at the technology firm.
In cases that couples have complex assets or highly-valued real estate holdings, there are a lot of questions that can be raised by either spouse. For instance, one party can dispute the real value of an asset, which can have a significant impact on the final settlement. Whenever there is a dispute over asset valuation, it is a sound idea to get an unbiased assessment.
Fortunately, for the sake of the couple's children, they were able to determine who would obtain their jointly-held real estate holdings and financial assets. It's understandable that emotions can prevent a couple from proceeding with their split in an amicable fashion, but this case proves that it's possible for couples who were once engaged in a clash to come together and reach an equitable settlement.
Source: USA Today, "Ex-Yahoo power couple avoids trial with divorce settlement," April 23, 2012
]]>A divorce settlement can include provisions to disburse payments from a retirement account to an alternate payee. The primary way that divorcing couples establish payments from these accounts is to instate a Qualified Domestic Relations Order. This is a legal way to allow an ex-spouse, child or some other beneficiary to receive money from your retirement account.
]]> In many cases, properly establishing a QDRO can be complex, but there are some basic pieces of information that can make the court orders better understood. When establishing this provision, it's important to clearly identify the alternate payee, which specific retirement plan this order affects, the amount that will be paid and the frequency of payments. Generally speaking, any retirement plan covered by the Employee Retirement Income Security Act requires a QDRO to establish an alternate payee. Before any payments are made, however, the order must be approved by the account's administrator.Including a QDRO in the property division process can be a way for someone to make regular alimony or child support payments. For some, this can be a useful inclusion in a settlement, because these types of payments do not result in penalties traditionally associated with early withdrawals from a retirement plan.
Even though the overall property division process can be complicated, having a basic understanding of how a retirement plan figures into a divorce settlement can be quite valuable. After all, a retirement account could be one of the biggest assets an individual holds, so it is likely to be a point of discussion during divorce. The inclusion of payments from a retirement plan in property division may allow divorcing couples to reach the equitable settlement they desire.
Source: Reuters, "What Is a QDRO? How Divorce Affects Retirement," Andrew Chow, JD, April 19, 2012
]]>Just before the income tax filing deadline this week, the IRS filed a lien against Vonn for money unpaid back taxes. Since the news of her tax troubles became public, Vonn has apparently taken steps to remedy the issue, according to a message she left for her fans on Facebook.
]]> Responding to the reports about her back taxes, Vonn acknowledged the complicated year she has had, but indicated that the financial issues, which stemmed from her recent divorce, only recently came to her attention. Her statement indicated that the tax issue was for the 2010 tax year and has been resolved.Furthermore, she expressed her disappointment that the problem arose from her lack of control over her finances during her marriage and divorce proceedings. Vonn and her husband did not sign a prenuptial agreement, which led to some issues regarding her tax filings. As a result, she has said she has definitely learned something valuable throughout the process.
Unfortunately, Vonn learned the value of signing a prenuptial agreement a little too late. Having a prenuptial agreement in her situation would have made things much easier and less stressful for her, considering the complex asset division required to split up her financial status. A prenutptial agreement would have been particularly beneficial, knowing that she has received major product endorsement deals since her Olympic victory.
Vonn's case also serves as a reminder of the important to make sure your tax filing situation is clear during the marital dissolution process. Filing income tax returns can be complicated on its own, so there is no need to add undue confusion over how your divorce will impact tax liability or returns.
The hope is that the former Minnesota resident will be able to emerge from this situation and continue to be a major force in the world of downhill skiing. Though her last year has been trying at times, Lindsey Vonn has undoubtedly gained the knowledge to protect herself against divorce-related complications in the future.
Source: USA Today, "Lindsey Vonn owes $1.7 million in back taxes," April 15, 2012
]]>Couples often get wrapped-up in verbal arguments when they are going through divorce. One of the worst things a spouse can do is create an environment in which the other spouse feels intimidated or endangered because of frequent arguments. A family court judge will likely side with your spouse if they interpret your behavior as threatening.
]]> Another way a divorcing Minnesotan can help to maintain their chances of obtaining custody is by being mindful of their other relationships. In general, it is not a good idea to expose the children to or move in with a new significant other during the middle of divorce proceedings. Additionally, it is not wise to say bad things about your spouse to friends or family. By failing to be thoughtful about how you interact with others during a divorce, your claim for custody can be sunk.Finally, make sure you keep open lines of communication with your spouse, especially when it concerns your children. After divorce, parenting is often still a joint venture, so you should allow your kids to speak with your ex-spouse and ensure you relay any important plans for your children. For example, if you take your kids out of town without your spouse's knowledge, it can be used as fodder in family court.
Children often benefit from maintaining relationships with both parents, so it is best to make sure both spouses do their part to make sure child custody and visitation arrangements protect the best interests of the child. Though divorcing couples may have many points of contention with each other, it is important that disputes between you and your spouse do not negatively affect your children.
Source: The Huffington Post, "Ways To Sabotage Child Custody," Joseph E. Cordell, April 2, 2012
]]>The drama began when Iverson's wife filed for divorce in 2010. She dropped the petition when the couple attempted to reconcile their differences. Nevertheless, when the relationship ultimately failed, Tawanna filed for divorce again in the summer of 2011. In her recent petition, she requests custody of the couple's five children, child support and alimony.
]]> These aren't the only requests. In addition, Tawanna has asked for the name and telephone number of every person whom Iverson has had intimate relations with during the course of the couple's marriage. Tawanna stated last June that her divorce had nothing to do with infidelity. However, for some reason, her position has changed. Now, as the NBA player battles through the drama and messiness of marriage dissolution, he will have to address the issue of disloyalty.This story is an affirmation that divorce can be ugly. The process involves a lot of serious matters such as money, property, emotions and children.
While it may be difficult to end a marriage, with adequate legal help, couples can usually resolve any pending issues and happily move forward. Hopefully, this will be the case for the former NBA player and his wife.
Source: Huffington Post, "Allen Iverson Divorce: Tawanna Iverson requests list of women NBA star allegedly cheated with," March 20, 2012
]]>One divorced Minnesota couple has very quickly learned the legalities of marriages, mortgages and divorce. The husband tried to stop foreclosure on his home because he listed that he was single on his mortgage application despite being married. The couple married in 2006 and two days later the man refinanced his home mortgage without his wife's knowledge. In fact, the wife knew nothing of this mortgage, so she didn't sign the application. However, two years after the couple divorced, the ex-wife was made aware of the man's mortgage issues when both of them were foreclosed upon.
]]> Eventually, a Minnesota appeals court ruled that the man's mortgage was void because the wife didn't sign the application at the time it was filed. The court cautioned that this ruling should not be used as a way to avoid repaying loans, but came as a result of the issues concerning the couple's marriage and divorce.More than anything else, this case highlights the importance of having a full understanding of how a mortgage acquired during the course of a marriage can affect a person even years after their divorce is settled. In most cases, couples share responsibility for a mortgage taken out during marriage, so it is vital to make sure a divorce settlement accurately and adequately addresses a couple's mortgage. Most importantly, though, it is vital to make sure that you and your spouse are up front about any assets or liabilities you may have, because that can definitely cause headaches down the road if they are not properly accounted for during divorce proceedings.
Source: MPR News, "The case of the unknowing spouse and the mortgage," Bob Collins, March 26, 2012
]]>As couples divide their financial holdings during divorce, there is potential for emotions and conflicts to build. However, by seeking knowledgeable advice, planning ahead and trying to cooperate with your spouse, the process can be made a lot easier. As couples decide to divorce, it is a good idea to come together and try to work out a fair settlement, or at least come to some agreement how they will receive financial advice. Couples can be put in a precarious situation when they individually receive pertinent financial direction from the same person.
]]> This is especially important for couples who have taken the time to plan ahead for retirement by building assets to draw from later in life. The problem is that so few couples consider the possibility of being single at or near retirement age.Being on a fixed income is a fact of life for many older Minnesotans, and divorcing at an older age can complicate any existing retirement planning. The important thing to remember is that a person's expectations should change in the wake of divorce. Couples face the likelihood of seeing their marital assets being split in half during divorce, so it's important to handle personal finances with the knowledge that life will be different after divorce. Above all, support and smart planning can ease the transition into a comfortable lifestyle after divorce.
Source: Reuters, "As couples split, advisers face minefields," Jessica Toonkel, March 12, 2012
]]>Quaid's wife, a businesswoman and real estate agent, has requested that any assets acquired prior to their 2004 wedding to not be included in their community property. This way, all of those specific assets will not be subject to the property division portion of their divorce settlement. Additionally, she will be seeking spousal support from the actor.
]]> One interesting aspect of the preliminary divorce proceedings is that Quaid and his wife will be sharing one of their vehicles. A court order stipulates that the couple will have to cooperate in order to share possession of their SUV.Though celebrity couples live a lifestyle that is different from many Minnesotans, they encounter many of the same issues when they are going through divorce. Though it may seem odd that the couple had to specifically arrange for shared possession of their SUV, these are the types of agreements divorcing couples must make in order to proceed as peaceably as possible with property division and other aspects of their divorce.
Knowing that Quaid and his wife both have business and financial interests, the property division phase of their divorce will be particularly important. Already, Quaid's spouse has made a specific request as to how they will be splitting their assets and other marital property. Often, divorcing spouses will have an idea how their assets can be divided fairly. Property division negotiations do not have to be quarrelsome. With the right preparation and advice, couples can forge an agreement that mutually satisfactory.
Source: The Daily Mail, "Joint custody of the children... and the Range Rover: Dennis Quaid has to share his SUV during divorce battle with third wife," Laura Schreffler and Mike Larkin, Mar. 10, 2012
]]>A wide-variety of disagreements can come up during the divorce process, but tax season is an important time for divorcing couples to come together to make financial decisions that are mutually beneficial. When sitting down with your respective legal representatives and spouse it may be a wise idea to bring the discussion of income tax filings to the fore.
]]> One of the first questions a couple might ask is whether to file jointly or separately. Federal laws indicate that couples should file according to their marital status as of December 31st of the filing year. Couples may consider delaying a divorce finalization until after the first of the year in order to take advantage of tax benefits for one additional year. Otherwise, couples can decide to file separately, if that suits them better.Another concern for divorcing couples is how to claim children and support payments. Generally, custodial parents will claim any children for a tax deduction and child support payments issued to the custodial parent do not affect tax filings. On the other hand, alimony payments are usually tax deductible for the payer and taxable for those receiving payments, unless an agreement indicates otherwise.
Asset division is usually one of the more complicated aspects of a divorce settlement and can also affect income tax filings. Once a divorce is finalized, it is clear who is in control of assets and should include them in income taxes, but this is not always quite as certain when a couple is going through divorce. Any property or assets involved are filed according existing agreements or court orders.
Above all, it may be best to seek the advice of a divorce professional with financial knowledge. This may be particularly true in high asset divorce cases. Filing taxes is complicated enough, so receiving informed legal and financial assistance might be the best decision you'll make in the divorce process.
Source: The Huffington Post, "Top 4 Tax Tips For Divorcing Couples," Bari Zell Weinberger, Feb. 24, 2012
]]>Of course, divorcing involves splitting up marital property. Beyond the divided assets included in a divorce settlement, many divorced couples have arrangements to pay a specified amount of alimony from one spouse to another after a divorce is settled.
]]> Though it may seem odd for one spouse to be paying their ex-spouse years after a divorce is finalized, alimony was created with the idea that one spouse makes sacrifices in order for the couple to succeed. For example, one spouse will put their career or education on hold so the other can further their education or career to better support the family. That sacrifice is supposed to be accounted for through alimony.During the course of a marriage, spouses get used to a certain kind of lifestyle based on the assets and income they share. After a divorce, one spouse might be faced with a significant re-adjustment period. Alimony payments can help a person ease into life after divorce. In other words, alimony should not always be viewed as a punishment, but as a way to resolve the "perceived inequity in the results of the marriage between both of the parties" in the course of divorce.
Of course, not every alimony arrangement is satisfactory. A spouse's financial situation at the time of divorce may not be the same 10 years later when alimony payments are still in place. As such, it's a good idea for divorcing couples to reach a mutually agreeable arrangement at the time of divorce and consider all of their options down the road.
Taking into account all of the aspects aspects that figure into determining whether or not alimony will be included in a settlement should be of particular concern to Minnesota couples with significant financial assets. The help of trustworthy legal counsel can make sure that alimony payments accurately and fairly reflect the needs and financial situation of divorcing couples.
Source: LawGuru, "The Ins and Outs of Alimony Payments After a Divorce," Feb. 22, 2012
]]>For many years, the grandmother had custody of the children, because her living situation was more stable. She believes that her daughter, the mother of the children, cannot provide a proper home to raise her children, due to past drug use and an abusive relationship with the father of the kids. As time went on, the grandmother was making more and more demands of the mother in order for her to gain visitation time.
]]> Eventually, the mother decided she wanted the custody arrangements to be modified. The court made their ruling in favor of the mother based on statutes and court precedents. Circumstances that led to the grandmother gaining custody in the past, such as the mother's drug abuse, were no longer a concern to the court. The worst of the woman's problems are behind her now. Though some factors involved in the decision favored the grandmother, it was determined that granting custody to the mother was in the best interests of the children.Under a United States Supreme Court precedent, "natural parents" are granted child custody if they are deemed fit to provide for their children. This particular case has a lot of emotion and history attached to it, but the court had to make a decision they felt best served the children.
This case proves that determining child custody arrangements can be incredibly complex. No parent really wants to spend years in court, but so many factors can come to affect custody arrangements. Whatever the case, a child's family should always work to meet the needs of the child and determine what kind of custody arrangement will achieve that end.
Source: Minnesota Lawyer, "Mother prevails over grandmother in custody dispute," Jay Donald Jerde, Feb. 17, 2012
]]>The ex-wife of Denny Hecker, a former Minnesota auto magnate, has hit a legal road-block with certain aspects of her divorce settlement. A state appellate court recently determined that she would not money that was included in her divorce settlement.
]]> Denny Hecker is widely known for pursuing dubious financial activities, for which he is currently serving prison time. At the time Hecker became embroiled in his legal issues, he had massive debts. When he filed for bankruptcy, he owed nearly $476 million to Chrysler Financial. The Minnesota court determined that the $72,212 that was intended for Hecker's wife would go to pay off a portion of that debt.The problem began when Hecker illegally liquidated and spent money from a retirement account. A friend lent Hecker the money to pay back money from that transaction. As part of their 2009 divorce settlement, it was determined that the ex-wife would receive $72,212 from that retirement account. However, by ruling that the money given to Hecker was a "non-marital cash gift," that cash was no longer exempt from creditors.
Hecker's divorce case is especially complicated because of his legal issues, but there is definitely something that divorcing couples can learn from this scenario. The ex-wife did not receive what she believed was owed to her because of a misunderstanding of the marital assets in light of other legal matters. This highlights the importance of having a trustworthy divorce attorney. When divorcing couples are in the process of complex asset division, it is important for them to have knowledgeable legal counsel. The headaches of asset disputes and lengthy litigation can be minimized if the right steps are taken.
Source: Star Tribune, "Hecker's ex-wife loses out on retirement cash," Dee DePass, Feb. 6, 2012
]]>During a time of economic recession and soft housing market, many people owe more on their mortgage than their house is even worth. In that case, paying for a mortgage may not be feasible and selling the home would force the couple to take a loss. That is hard for many couples to deal with.
]]> Sometimes couples will escalate a housing dispute by using tactics to delay or prevent the sale of their home, if that's what they decide to do. In most of these cases, the spouse living in the home does not want to give it up, even if they going through financial difficulties.Emotions are often what stand in the way of a couple amicably handling their property division. Though it can be hard to avoid, emotions can prevent someone from doing what is the most financially prudent move. Frequently, what is the best move might not be the easiest one to handle. When a couple is unable to resolve their disputes, it goes to court and that is likely to make the situation even more sensitive.
Because dividing property is such an important and emotional process, it might be wise for divorcing couples to seek skilled legal and financial advice. This is especially true for those with a significant amount of marital property to divide. Trained professionals have the knowledge to aid couples in making difficult, but necessary, decisions.
Source: Loan Safe, "Divorce Can Ensnare Home Sales," Alex Ferreras, Feb. 2, 2012
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