D Wade’s ex is not crazy according to judge

0 Comments

Some couple get divorced, and they have no issues making decisions regarding alimony, child support or child custody. Other couples however seem to fight about every aspect of the divorce, including a custody dispute, although most couple don’t do battle in the media spotlight. This would be the case for Miami Heat star Dwayne Wade and his ex-wife, who have been embroiled in a custody battle for several years.

An appeals court just ruled that Wade’s ex-wife was not crazy or in need of an evaluation. The evaluation was requested by Wade as a way to have her time with their two boys reduced. The request was made in response to a videotape of Siohvaughn protesting outside a Chicago courthouse where part of the couple’s divorce proceedings had taken place.

Although the couple has been officially divorced since 2008, child custody issues have being ongoing. In this latest attempt, not only was Wade denied his request, but the appeals judge ruled that the original judge who has granted the request by Wade be removed from the case.

From this point on, another judge will be hearing the child custody case. Legal counsel for Siohvaughn Wade is thrilled with this decision, believing that the original judge was star-struck. Counsel hopes that the dispute can finally be settled with the best interests of the children in mind.

Child custody disputes can become acrimonious, but it is important that both parents remember that the children have two parents and should have access to both as much as possible. Anyone who feels they are being denied access to their children should speak to a legal professional experienced in family law issues. These individuals can help a person protect their rights so they can continue to be a vital and ever-present part of their children’s lives.

Source: Gossip Extra, “EXCLUSIVE – Miami Appeals Court: Dwyane Wade’s ex-Wife Not Crazy; It’s Her Right To Talk Trash About Him!” Jose Lambiet, Oct. 23, 2013

Why alimony reform spells disaster for women

0 Comments

A blog post from two weeks ago explained why Governor Scott’s veto of alimony reform was a good thing. However, reformists are still attempting to have permanent alimony made a thing of the past. But there are others who disagree with the reformists and believe that alimony reform will have a detrimental effect on families overall.

Most couples who decide that the mother should stay home with the kids do so for several reasons, one of which is so the husband can concentrate on his career. If a woman knows that alimony is no longer an option, she is going to opt to work so she can protect herself in the event of a divorce. This means the husband loses his fulltime at home support. Also, if both work, expenses to take care of the children such as daycare, an au pair or a nanny would have to be included in the household expenses. A wife who stays at home eliminates the need for those things, but that does not mean she does not deserve to be compensated for the work she did and the money she saved the family.

One of the main reasons reformists are calling for the changes is because many men state they are stuck paying alimony payments they can no longer afford. Their payments might have been based on a much higher income than they might have now. This is plausible considering the economic climate. However, in the state of Florida, alimony agreements can be modified provided the former husband can prove that paying the current court-ordered amount is financially impossible. The only time a husband will be put in jail for nonpayment is when he refuses to pay but has the means to do so.

Another reason reform is detrimental is because it allows the husband to walk away from the marriage with no obligation to provide financial support for his former wife, a person who voluntarily stopped working or put a career on hold to take care of the family. Twenty years later, once the kids are grown, you could have a woman who is living in virtual poverty because she has no tangible skills to use in the workplace. Any woman who is facing such a situation because a former spouse won’t pay would be wise to speak to a legal professional experienced in divorce and alimony issues.

Source: Huffington Post, “Alimony Reform Laws Focus on the Exception to the Rule and to the Detriment of the American Family” Deborah S. Chames, Oct. 09, 2013

Stay or get a gray divorce?

0 Comments

The rate of divorce is rising for people over the age of 50. “Gray divorces” don’t come with the common issues that a younger couple might have to deal with, such as child support and visitation, but they do have some special issues, and these areas of dispute can complicate a situation even more and cause further acrimony.

Older couples have seen their share of triumphs and tragedies. They’ve raised children, had careers and possibly wrestled with financial hardship. By the time they reach the retirement years, one would think it would be clear sailing. Or time to relax on the porch. But therein lies part of the problem: If one half of the couple wants to literally sail off into the sunset on a cruise, while the other wants to enjoy the golden years rocking the days away at home, conflict can arise, and in some cases, a divorce is the end result.

The one thing most retired couples can agree on is that they want to enjoy the years after they’ve worked and raised their children. But most couples do not discuss how they want to spend their retirement years while they are still working, so when it comes time to retire, they discover they are not on the same page. Discussing your retirement desires and dreams ahead of time can stave off the shock of realizing that you and your spouse have completely different retirement goals.

There’s also the financial aspect. Conflict can arise if one spouse wants to spend their retirement money, but the other wants to leave something behind for the kids. Also, if one half of the couple always handled the finances, the other half might not be aware how well they can live during retirement. Even with wealthy couples, one spouse might not know their financial standing. Finding out that a retirement dream is or is not attainable can cause additional stress on a relationship, so it is important that the couple be completely aware of the financial situation. For those who find themselves still contemplating a divorce, understanding their legal options when it comes to divorce can help make their decision clearer.

Source: Reuters, “Stern Advice – Till death (not retirement) do us part” Linda Stern, Oct. 09, 2013

Permanent alimony brings balance

0 Comments

Some want to believe that we have progressed enough in our society to have outgrown the need for certain things. One of those concepts that some would like to see fall by the wayside isalimony. Although the argument can be made that with women in the workforce, the need to pay them monthly for the rest of their lives is no longer necessary, there are still flaws in the argument. Not to mention, it completely glosses over why alimony is actually paid in the first place.

Recently, Florida governor Rick Scott vetoed a bill that would have eliminated permanent alimony for spouses. Some organizations, such as Florida Alimony Reform (FAR) were disappointed by this action. Others, however, breathed a sigh of relief. Eliminating permanent alimony would have risked the equitable division of assets for a lot of divorcing couples, equity the injured spouse would never be able to recoup, no matter how long they were in the workforce.

Here’s why: For couples who are only married for a few years, rehabilitative alimony kicks in to give the spouse who did not work a chance to get back on his or her feet. It’s not permanent alimony and ends after a set period of time. Permanent alimony was never intended for short-term marriages. For couples who were married for 20, 25, or more years, this is where permanent alimony truly comes into play. A spouse who stayed at home while the other worked invested time and resources into the marriage. They raised the kids, supported the spouse in his or her career endeavors and ran the household. If a couple in that situation divorces, the spouse who did not work would never recoup the investment. Permanent alimony serves to attempt to balance the equitable distribution of assets in the marriage. It accounts for the intangibles.

The ending of a marriage is a sad period for everyone involved, however it should not be punitive for either party. Anyone who is facing a divorce and has questions about alimony would be wise to speak with a legal professional about their options. These professionals could determine if alimony – rehabilitative or permanent — is an option that should be explored.

Source: Orlando Sentinel, “My Word: Permanent alimony rights a wrong” Jerry Reiss, Oct. 01, 2013