The matter has now become a problematic international dispute regarding child custody, with no ready solution.
]]> Bethany Gonzales and Ahmed Abuhamda were divorced several years ago in Kansas, with their divorce decree granting Abuhamda custody of the couple's children and Gonzalez visitation rights.Earlier this year, Abuhamda took the children to Gaza and has not returned with them. He faces a state criminal charge of aggravated interference with parental custody and a federal charge of fleeing to avoid prosecution on the three state felony counts against him.
He says he has done nothing wrong, and has acted in full accordance with the divorce decree, which provides that he can move the children overseas with his wife's permission. He says that Gonzales gave him that when she signed off on passport applications for the children to go to Gaza.
Gonzales strenuously disagrees with that view, saying that her former spouse tricked her and that she merely believed her kids were attending a wedding in the Middle East and would be returning in March.
Gonzales faces an uphill battle in securing the return of her children. Gaza is an isolated Palestinian territory that is ruled by Hamas, an Islamic militant group. Gaza is not a signatory to the Hague Convention addressing the return of wrongfully removed children, nor is it under any international legal obligation to comply with an American court order.
Moreover, Sharia law heavily favors the father in such disputes.
"There is no way I would agree for my kids to go there and stay there," says Gonzales.
"I didn't kidnap the kids," Abuhamda counters, adding that he will pay for his ex-spouse to come visit them.
Source: NBC, "U.S. claims father illegally moved kids to Gaza," Roxana Hegeman, May 2, 2012
]]>Although it may seem outside the realm of possibility for some divorcing spouses, the cold hard truth is that spouses in Florida and across the United States sometimes spy on their soon-to-be exes in hopes of gathering information to help them in their child custody and property division battles.
]]> These spy tactics have become easier to implement as downsized technology has made it easier to hide recording devices, tracking machines and other gadgets inside or among another spouse's belongings, providing potentially damaging information ahead of and during divorce proceedings.That information can materially influence the course of numerous divorce processes, including child custody arrangements, asset division, and the amount of child support owed after a divorce.
Many of these devices are also available for much less than they would have cost years before and can be easily found through online stores.
Although some people who have discovered these spying devices have taken their spouses to court on grounds of violating federal wiretap and other laws, it is often likely that such spying goes on unnoticed. Because of this threat, divorcing individuals should be mindful of their actions and words at all times, even when they think they are alone or in a safe place.
Privacy experts advise this: At least consider the possibility that such tactics could be employed in a divorce proceeding and do not absolutely rule out that they are in any pending divorce case.
Source: chron.com, "Spy gadgets infiltrate divorces as domestic snooping booms," Mile Tolson, April 29, 2012
We informed readers in a May 3 blog post of the just-begun child support trial in a family court in New York City featuring billionaire French businessman Francois-Henri Pinault and his one-time girlfriend and longtime super model Linda Evangelista.
It was over scarcely after it began, with both sides apparently not too willing to turn their dispute into a dragged-out courtroom battle. The two sides reached a settlement in the matter prior to Evangelista's continued testimony scheduled for this past Monday.
]]> "Everyone is very glad that it's over," said a Pinault spokesperson.No public information was provided concerning the details of the couple's agreement, although persons close to the matter agree that Pinault would end up paying a considerable amount.
The couple's son, now 5 years old, was the product of a brief liaison, and Pinault recognized the child as his son in 2007. Evangelista initially asked for what Pinault stated was an unreasonable amount of money for the son's upkeep, and she in turn stated that Pinault's counter offer was too low. That prompted the couple to go to court.
Evangelista told the court that she was spending about $46,000 each month on bodyguards, a nanny and other expenses, which she considered a reasonable amount to ask from Pinault, given his family's estimated net worth of $12 -$13 billion.
"We are not going to claim that he cannot pay a fair and reasonable child support," said a Pinault representative, who added, though, that the amount Evangelista was asking for was "just ridiculous."
It wouldn't be record setting, though, and others in divorce and child support cases in New York have paid large amounts while making far less than Pinault. Rap star and business mogul Sean "Diddy" Combs, for example, was ordered by a court to pay $19,000 a month in a 2005 child support case
Source: "Bloomberg, "Model, billionaire settle NYC child support fight," Jennifer Peltz, May 7, 2012
]]>As many people might reasonably ascertain, it's the economy, pure and simple, with one police chief noting that it is "impossible" to separate growing domestic problems from the persistent economic turmoil that surrounds many families.
]]> "When stresses in the home increase because of unemployment and other hardships, domestic violence increases," says Camden, New Jersey, Police Chief Scott Thomson, who adds that, "We see it on the street."Police departments, social workers, child abuse advocates and domestic abuse shelters across the country note that an economy that is stubbornly underperforming for many is the underlying catalyst for statistics evidencing a clear upward spike in incidents of domestic conflict.
A survey of 700 responding police agencies from across the United States reveals, for example, that domestic violence nationally is up about 16 percent within the past year. Filed police reports indicate that money issues fuel many arguments and much violence, with more assaults than in prior years being noted in residential communities.
Continuing financial concerns -- including prolonged unemployment for many -- reflect "an added stress that can push people to the breaking point," says Katie Ray-Jones, the president of the National Domestic Violence Hotline.
A firmly improving economy, say experts, would go far toward reducing tensions in many families and dramatically reducing incidents of violence and abuse.
Source: USA TODAY, "Domestic violence rises in sluggish economy, police report," Kevin Johnson, April 30, 2012
]]>Facially, it might otherwise seem like nothing more than a typical dispute between couples concerning a final order of support for their child, except for the dollar figures associated with it.
]]> Those are, in a word, impressive. The child is the son of Francois-Henri Pinault, the CEO of the French business enterprise that owns the Yves St. Laurent and Gucci fashion lines. Pinault's family has an estimated net worth of close to $12 billion, and he personally earns several million a year.The boy's mother is longtime fashion model Linda Evangelista, who, at a relatively advanced age for women deemed "super models," still pulls in hefty fees for her media and advertising work.
There is no divorce. The couple was never married, and the court date is all about a financial settlement concerning their son. In prior court appearances, Evangelista argued for approximately $46,000 per month in expenses for, among other things, gun-carrying security guards and drivers and a 24/7 nanny.
Pinault is currently married to actress Salma Hayek, and has put a $12 million home in trust for the couple's young daughter. He reportedly pays about $50,000 each month for taxes and upkeep on the property, and Evangelista has argued that her son merits a comparable lifestyle to that of his half-sibling.
A source close to Pinault says that Pinault and Evangelista "haven't budged in any way."
Source: New York Post, "Linda Evangelista and Salma Hayek's hubby ready to rumble in child support trial," May 1, 2012
]]>In what has been termed "the seamy side of Silicon Valley," the divorce drama that has played out prominently for several years finally arrived at a settlement last week. The longstanding dispute has been marked by incendiary personal accusations and high-asset property division issues. The settlement was reached just prior to a scheduled trial in the case.
]]> The couple was married for 15 years and has three children. Decker became Yahoo's president in 2007 and, in that same year, filed for divorce from Dovey. She resigned her position in 2009.What brought the couple's divorce dispute to glaring public light was the leaking of a confidential letter from Dovey's legal team alleging a number of personal improprieties on Decker's part during the couple's marriage. Similar accusations had been made earlier against Dovey.
As expected, given Decker's position and Dovey's long-time position as an investment banker, the realty holdings of the couple are substantial and were contested vigorously during the divorce proceedings.
Those properties include, among other investments, the following: a home in Marin County overlooking San Francisco Bay; a condo in Laguna Beach worth an estimated $6 million; two condos in Lake Tahoe; and land in the California wine region of Napa worth more than $1 million.
All of those properties were held mortgage-free.
Source: Bloomberg, "Ex-Yahoo president settles divorce after long tiff," April 23, 2012
]]>In the simplest terms, though, a Qualified Domestic Relations Order, or QDRO, is a court owner allowing someone outside of the account's ownership to collect money from the fund. Persons eligible for this order can include current or former spouses as well as children.
]]> The funds of a QDRO can be used to fund child support in the aftermath of a divorce, among other uses. Such a court order requires some basic information to be laid out in order for the judgment to be approved. The alternate payee, as well as the mailing address of that person, must be attributed specifically to one fund. The terms of the QDRO, including percentage owed, number of payments, and time period covered, must also be included.Approved QDROs are exempt from the early-withdrawal penalties that typically accompany withdrawals from retirement funds before the funds reach maturity.
Because QDRO forms are complex, and because the laws governing QDROs in Florida are different from what you may find elsewhere, it's best to seek out legal representation in order to draft a QDRO that will gain court approval and satisfy your case-specific needs. Doing so can save you time and money and give you a greater chance at having your court order approved.
Source: Reuters, "What is a QDRO? How divorce affects retirement," Andrew Chow, April 19, 2012
]]>Enter technology to address that dilemma, especially concerning child custody and visitation matters. Parent-child communications via what family courts often call "virtual visitation" first came into play about 15 years ago, with the rise of things like email, webcams and Skype.
]]> Texting, a plethora of other social media websites and additional technologies have now been added to the list, which makes visitation from afar actually seem much less remote than it is.And far more common, as well, with millions of parents who are physically removed from their children relying increasingly upon virtual visitation to keep bonds tight and supplement face-to-face contacts that are part of physical visitation under a parenting plan.
Electronic visitation is far from being commonplace or a non-custodial parent's legal right in every state yet, but the trend is clearly growing. Utah wrote the first virtual visitation law, and Illinois is the most recent state to enact legislation providing for electronic visitation.
Four other states -- including Florida -- also have virtual visitation laws.
Source: Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>It is up to an insurance policy holder to notify the insurance carrier of any changes in marital status when both names appear on an auto policy as insured drivers. Most states, including Florida, allow 30 days for notification of a change in marital status without added fees or policy cancellation.
]]> Most insurance companies offer discounts on multiple driver policies for married couples, so the policy holder may see a slight increase in rates once the spouse's name has been removed from the policy. Policies generally cover only one household, making it impossible for ex-spouses to remain on the same vehicle insurance policy and when vehicles are kept in different locations.It is important to make the changes, since the policy could be canceled or any claims denied if the changes go unreported to the insurance company. However, one of the most important things to remember is that without making the necessary changes, you could be held liable for how your ex-spouse drives, whether it involves an accident or speeding tickets. Also, if your ex-spouse cancels the insurance on a vehicle that is still in your name or has a lien against it, you could be held responsible.
Source: Fox Business, "Divorcing? Break the news to your car insurer, too," Penny Gusner, April 3, 2012
]]>Given that sad fact, Kerry says that the United Sates desperately needs a national strategy for identifying and dealing with domestic violence acts that harm children.
]]> The need for that is certainly great, as relevant statistics make starkly clear. Multiple sources estimate that about three million children suffer from abuse and neglect each year in the United States and that more than 1,700 of them die annually as a result. Kerry says that a child somewhere in the country is being abused or neglected at the rate of once every 36 seconds.Kerry and Senator Susan Collins (R-Maine) recently introduced a piece of bi-partisan legislation aimed at reducing child abuse across the country. The Protect Our Kids Act would set up a national commission of child, health care, family and other experts tasked with developing a plan "to prevent or identify maltreatment deaths and tell us what works and what doesn't."
Kerry seeks to garner maximum attention for this effort now, with April being National Child Abuse Prevention Month. He says that devising a more accurate way to report instances of abuse, maltreatment and neglect would be an optimal first step to take, followed by the systematic action of authorities to develop a comprehensive umbrella strategy nationwide.
The National Coalition to End Child Abuse Deaths is partnering with Kerry and others in promoting the Protect Our Kids Act.
Source: Huffington Post, "April is Child Abuse Prevention Month," John Kerry, March 30, 2012
]]>A recent divorce case involving high-asset property division served as a reminder of this rule regarding investments and value changes. The divorce settlement awarded the woman in the marriage a $6.25 million settlement, $2.7 million of which was paid out by the husband to purchase her 50 percent share of a $5.4 million investment held at the time.
After the divorce, the investment flopped. It was one such investment held by fraudulent financier Bernard Madoff, who ran a Ponzi scheme that robbed billions of dollars from investors in Florida and elsewhere in the United States.
]]> After the investment was found to be essentially non-existent, the man went to court and tried to get his wife to pay back the $2.7 million sum. He argued that the investment was a mutually made poor decision and that the investment did not actually exist at the time of the divorce because of the fraud.The New York Court of Appeals rejected his claim, saying that the investment was valid at the time -- the Ponzi scheme had not yet fallen apart, and the man could have withdrawn what assets did exist in his investment, had he chosen to do so.
Consequently, the eventual failure of the investment was irrelevant. The court pointed out that, had the investment become extremely profitable in the following years, the man would not have felt he owed his wife anything, nor would she have any entitlement beyond what was agreed upon in the divorce settlement.
The case points to the value of being represented by an attorney who is deeply experienced in property division and drafting settlement agreements. Such experience can make a big difference in protecting a divorcing party's assets and financial future.
Source: Wall Street Journal, "NY's top court refuses to undo divorce settlement," April 3, 2012
]]>The following story may be of close interest to them, along with hundreds of thousands of other airmen, soldiers and sailors who are serving domestically and in foreign locations.
Deployment is often made an in issue in child custody disputes involving a military member. Courts have made permanent modifications in custody arrangements when a service member is deployed far away from his or her child. Some judges have looked at a likely future deployment as a factor in a custody dispute.
]]> A congressional House bill seeks to change that, and not for the first time. In fact, the House has approved child custody legislation pertaining to deployments on six other occasions, with the bill stalling each time following its consideration by the Senate Armed Services Committee.The outcome could be different this time. All 63 members of the House Armed Services Committee -- every Republican and Democratic member -- have backed new legislation that protects the custody rights of service members while deployed, and they have asked for the strong endorsement of Defense Secretary Leon Panetta in getting the legislation passed.
Military members should "not have to live with the constant fear that their custody rights as parents could be in jeopardy due to their service," says Rep. Mike Turner (R-Ohio), one of the House sponsors.
Source: Air Force Times, "Bill would strengthen child custody protections," Rick Maze, April 2, 2012
]]>The most common cause for this maintained relationship is shared child custody. Two ex-spouses cannot effectively parent their children without communicating with one another on a regular basis.
]]> Divorced couples in Florida and across the United States often see their communication skills with their ex-spouses decline, though, following a divorce. Even maintaining a poor relationship can be difficult, so improving communication between both sides can be a steep challenge. Fortunately, there are a few things you can do to open the doors for improved communication and relieve both you and your former spouse of some headaches.The most important consideration is to keep things courteous and calm. Don't allow yourself to be baited into a fight, and don't give your spouse any fuel for his or her fire. Talk openly and calmly and don't dwell on lapses in communication or simple misunderstandings. If you are dealing with a spouse who is easily frustrated or short-tempered, patience only becomes more important.
If you are going through divorce proceedings, a calm demeanor is even more important because anything you do or say could come up in the divorce process, and the ramifications could be costly. Don't put yourself at risk of losing child custody or receiving worse divorce terms because of actions you'll come to regret later.
Finally, don't play the blame game with your spouse. It isn't constructive and won't make your situation any easier. With time and a lot of persistence, you may be able to achieve some workable conditions and comfortable communication terms with your former spouse, but the onus is on both parties to try to make things better.
Source: Santa Monica Mirror, "Communicating with your ex after divorce," Andra Brosh, March 25, 2012
]]>Over the past couple weeks, for example, many media outlets have been relishing the divorce tale of Allen Iverson, former NBA star, with some stating that he has reportedly lost close to $200 million earned during his playing days. Several late-developing stories from respected journalists have surfaced that refute that, noting that there is strong evidence that Iverson -- while living somewhat flamboyantly -- paid some attention to his finances over the years and is far from broke.
]]> And then there is the tale of Florida resident Dennis Rodman, perhaps the most colorful of all former athletes. Rodman has been a news magnet for years, with controversy and inconsistencies swirling around him on many fronts.His current legal battle in a California court is just the latest example of that. In a nutshell, it is this: One of Rodman's ex-wives claims he is delinquent on child support payments to the tune of nearly $860,000. He flatly disputes this, with a spokesperson for him saying that there is "no determination that he's even behind."
Rodman's attorney says that a support order issued in 2010 was "without consideration" of his actual income, that Rodman never was properly served legal papers, that the court has never been apprised of the payments Rodman has actually made, and that he has been paying to the best of his ability every month.
Rodman was found in contempt of court last year, but his legal time has recently filed a motion to vacate that ruling. He has a scheduled court appearance next month.
Given the complexities often involved in a matter such as child support or child custody, what really happened -- the dates, the payments, the contentions, the papers filed and related matters -- is sometimes not clearly evident.
At a minimum, and as Rodman's case suggests, there are indeed two sides to every story.
Contact an experienced South Florida family law attorney for prompt response to any question or concern related to child support or another family law matter.
Source: ABC News, "Dennis Rodman's lawyer says he's not a 'deadbeat dad,'" Sheila Markar, March 29, 2012
]]>Volunteers and interns working at No More Tears, a rescue agency operating in Fort Lauderdale, proudly point to nearly double that figure when discussing those who seek its help and move beyond. The organization states that it is helping change the lives of scores of women who have had the courage and determination to separate themselves from abusive relationships.
]]> "We've seen her do a complete 180," says agency founder Somy Ali in referring to the 100th person to avail herself of the help and resources offered by No More Tears and subsequently move out to begin a newly independent life.Ali says that the help provided to abused women is "immediate," with no waiting list and no payment at all for up to 10 sessions with various professionals, including optometrists and dentists. Additionally, mentors and volunteers offer guidance and support across a wide array of concerns and help abuse victims find new skills and places to live.
Domestic violence is a very important social issue that needs to be confronted and dealt with purposefully and resolutely, along with strong sensitivity and an unerring eye focused on the truth.
A compassionate Miami family law attorney with proven experience handling domestic violence cases can answer questions and provide diligent representation in any domestic abuse matter.
Source: CBS Miami, "Domestic violence charity documents story of 100th survivor," March 13, 2012
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