Ray Vinson is alleging that his ex-wife Deanna and her current husband conspired to discredit him and to damage his reputation in order to gain the upper hand in the couple's 2006 divorce. The wife received more than $61 million in marital property (which included the couple's mortgage business), while Vinson was awarded only $11.5 million.
]]> In his trip to court this time, Vinson will be bringing with him evidence gained in a criminal case involving his ex-wife's bodyguard and other private investigators who were recently found guilty of racketeering, engaging in a conspiracy to defraud Vinson, and acting with malicious conduct. In that criminal case, Vinson was awarded a half million dollars in damages.Although his ex-wife wasn't a party to the criminal case, Vinson is charging that she used evidence "procured by fraud and intimidation" to build her case against him in divorce court.
For example, through financial incentives and intimidation, a woman lied under oath to obtain a restraining order against Vinson, saying that she had had an affair with him and that he was dangerous and abusive. Although the woman hadn't then testified in court, the judgment entered into the family court record listed certain actions that Vinson had not admitted to but that had been among the misrepresented facts provided by witnesses employed by his ex-wife.
Vinson believes these misrepresentations were a significant factor in the judge awarding such a large settlement. He hopes that with the facts of the criminal case in hand, the judge will see differently.
Source: St. Louis Today, "Pitchman Vinson uses Nevada verdict to revisit high-stakes divorce," by Nicholas Pistor, December 7, 2011.
]]>While individual units of the military had different rates -- Air Force divorce (3.9 percent), Marine divorce (3.8 percent), Army divorce (3.7 percent) and Navy (3.6 percent) no one unit of the military has consistently held the highest rate. In 2006, Navy enlisted had the highest rate and Marines the lowest. (Officers consistently have lower rates of divorce than enlisted.)
]]> The military personnel who have consistently had the highest rates of divorce are women. And that is not new data. Military women are more than twice as likely to be divorced as military men, whether enlisted or officers.In 2011, nearly 10 percent of enlisted women were divorced. In 2006, it was more than 7 percent, according to Rand Corp. researcher Benjamen Karney, who studies military divorce.
While there are no clearly identified reasons for this difference, though Karney has some ideas:
Some in the military are concerned that the rate of military divorce may rise again as soldiers return from the Middle East.
Source: USA Today and Divorce360
]]>For dad's seeking custody of a child in divorce or renegotiating an existing child custody arrangement, demonstrating involvement in the child's life is essential.
]]>More than ever dads can answer these questions affirmatively. Although many people still believe dads always get the short end of the stick in child custody, that's not the case.
"Working Mother" magazine reported that in contested custody cases in which the father seeks sole custody, he prevails at least 50 percent of the time. And the number of fathers awarded joint or primary child custody has doubled in the last decade.
While moms are still more likely to get primary custody, dads who want a larger role are more likely than ever to get it.
Source: Huffington Post and Mainstreet.com
]]>There are other actions a custodial parent or the DCSE can take to make life difficult for the non-paying parent. Sometimes this can compel the parent to finally live up to his or her obligation to a child.
]]>If you've lost a job, had a pay cut, or other life challenges have made it difficult for you to pay support, don't ignore the problem. Talk to an Arizona family law attorney who can help you get support reduced or develop a payment plan to move forward without the risk of arrest.
Source: Arizona Courts website and Arizona Department of Economic Security website
]]>Each of these enforcement actions has its own rules regarding how much money and how long the money has been owed before action can be taken. Your child support attorney can explain which options are available in your specific case. There are also non-financial actions that can be taken to put pressure on a non-paying parent, which we will discuss in our next post.
If you are a parent behind on your child support, don't ignore the problem. Talk to an Arizona family law attorney who can help you get support reduced or develop a payment plan to move forward without the risk of asset seizure or arrest.
Source: Arizona Courts website and Arizona Department of Economic Security website
]]>In 2009, just 41 percent of custodial parents received the full amount of child support owed to them. Only half of those custodial parents reported having a court order in place to receive child support from a non-custodial parent. About 9 percent of parents had an informal arrangement for payment, which could include health insurance and other types of assistance.
]]> This is just the beginning of bad news, as the report shows that an increasing number of custodial parents - overwhelmingly mothers - are finding themselves living below poverty level. More than 28 percent of custodial parents with children are living in poverty, up from 23 percent in 2001.It is your child's right to receive financial and emotional support from both of his or her parents. A family law attorney can help you secure the child support your child needs to thrive by helping you bring your case for support to family court.
Source: Mainstreet.com, "Parents Finding it Harder to Get Full Child Support Payments," by Kristin Colella, December 7, 2011.
]]>The man says that his wife wanted him to look bad to the court in the child custody case so she hired a private investigator who arranged for him to be arrested for drunk driving.
The private investigator worked with a number of other people to ply the man with drinks. When he left the bar, the investigator called a sheriff's deputy, who promptly arrested him.
]]> Months later one of the parties to the set-up emailed the man and apologized for his role in the event, explaining what had happened.The deputy's partner allegedly was told by the deputy that the plaintiff needed to be "dirtied up" before a court date and that the arrest was a set up. The man is further charging that this isn't the first time the deputy has arrested someone on a "dirty DUI."
If this claim is found to be true, this wife's attempt to get the upper hand in family court is likely to backfire terribly.
Source: Courthouse News, "Man claims deputy was in on dirty arrest," by Chris Marshall, December 5, 2011
]]>Dr. Farrell is a psychologist and author of the book Father Child Reunion. He has spent more than a decade analyzing research from around the world to understand why children who have regular contact with their fathers do so much better in 26 different areas of life than those who don't.
]]> It starts in infancy. Boy babies who have regular contact with their fathers display more trust at five and six months of age. They had more mental competence and better motor skills.That enforcer role that dads so often take? It's part of teaching empathy by enforcing boundaries and respect for the rights of others. Dr. Farrell found that dads play a critical role in teaching delayed gratification.
While Dr. Farrell says growing up in two-parent families is in children's best interests, if divorce is inevitable there are three things parents can do to ensure children grow up almost as well:
For your children's sake, it pays to work on making co-parenting successful so your child has the benefit of both parents.
Source: First Things First, "Bringing Daddy Home."
]]>Humphries will have to prove that there was "deception regarding a significant matter." So far it's unknown what that fraud might be though unnamed sources told TMZ that the marriage itself was a fraud, staged to benefit Kardashian's reality TV show.
]]> She says not so, and furthermore, the two of them had talked to a lawyer about annulment before she filed divorce papers and they were told it wasn't an option because they didn't meet the conditions for an annulment.In California, a couple can get their marriage annulled only if they can prove:
With their courtship and wedding open for public viewing, will he be able to make the case that there was fraud? Well have to see what the family court judge says.
Source: Huffington Post, "Kris Humphries Annulment? The NBA Star's Next Move," 11/30/11
]]>A business is a complex asset. It may be treated like any other pre-existing asset brought into the marriage and viewed as the property of the business owner. But often the other spouse did work for the business at some point during the marriage, or in some other way contributed to the success of the business. This may muddy the waters in terms of ownership.
]]> The prenuptial agreement should not only clarify ownership of a business, it should also provide guidance as to the division of the appreciated value of the business since the start of the marriage. Some couples may agree to jointly share the appreciated value; in other cases, the business owner may wish to keep the business fully insulated from the marriage, protecting its financial integrity.A prenuptial agreement can also include instruction regarding valuation of stock in the business.
Even if a prenuptial agreement exists, there are several factors that can weaken the contract, making it vulnerable to being overturned in court.
A prenuptial agreement should make the work of property division easier, not tie up your business and personal affairs in a lengthy legal battle.
Source: Forbes, "Protecting Your Business in a Divorce: Prenuptial Agreement," by Evangeline Gomez, November 2, 2011.
]]>It's understandable that you may be nervous if you have to appear in divorce court. Your lawyer is here to help you understand courtroom procedures and to advise you on the best way to present yourself and your case.
Source: Huffington Post, "My Top Ten List of What Not to Do in Divorce Court," by Edra Pollin, November 21, 2011.
]]>In March of 2011, a report by the American Academy of Matrimonial lawyers stated that over the past five years, it has seen a tremendous increase in the use of social media posts in divorce court. An AAML report said that 80 percent of divorces now include social media posts, primarily from Facebook. Social network websites provide more evidence of infidelity and lies than any other source.
]]> Lawyers often ask for social media updates to be gathered as evidence. In a recent Connecticut divorce case, a family law judge went the extra step of ordering the two parties to share their passwords to Facebook and other online accounts.The husband had asked for access to her Facebook account after hearing that she had shared concerns about her ability to care for her children. That would be extremely relevant information for the upcoming child custody decision. The judge went one further and ordered her to give up her passwords to eHarmony and Match.com. But the same order went to the husband, who also had to share his passwords.
Some commentators questioned whether a judge could order a person to violate the service agreement between the user and the social media site, which precludes the sharing of passwords. But whether a judge orders it or not, social media posts are already a fixture in the courtroom.
Source: Mobiledia, "Facebook Passwords Must Be Shared in Divorce Case," by Margaret Rock, November 11, 2011.
]]>In an article in the Huffington Post, family therapist Marie Hartwell-Walker says flexibility is the key to a stress-free season (okay, maybe not stress free, but certainly less stressed). She offers this advice to parents.
]]>Source: Huffington Post, "Divorced Parenting During the Holiday Season: Flexibility is the Key," by Marie Hartwell-Walker, November 15, 2011.
]]>Remember, child support is NOT tax deductible. It's best not to entangle alimony payments or property transfers with child support, which could muddy the water and lead to potential IRS problems.
Source: Business Insider, "Ten Steps to Take Advantage of Your Alimony Tax Deduction," by Madeleine Scinto, October 30, 2011.
]]>There are laws regarding the privacy of electronic communications and phone calls. If you use surveillance equipment to spy on your spouse's online activities or to secretly record phone calls, you may find yourself on the wrong side of those laws.
]]>Technology-related privacy violations generally fall under the Federal Wiretapping Act, but that Act couldn't anticipate all the technologies available today. So enterprising spousal spies may find themselves in court as a test case if a soon-to-be ex challenges their spying procedures. It's wise to let you divorce attorney advise you or to gather the evidence you need to make your case through lawful discovery.
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