Evangelista claims it was suggested by Pinault that she terminate her pregnancy. Pinault says that, while he was not included in the decision-making process of keeping the child, he also told her he would "recognize the baby." The man's lawyer refutes Evangelista's claim that he wanted her to terminate the pregnancy. Evangelista's attorney stated that after Pinault suggested the termination, she told him that she would take care of the child by herself since he was showing no interest. His lawyers fired back, calling her claim false, defamatory and damaging to their son.
]]> Her attorney also claims she has been supporting the child and covering all of his expenses for the majority of his life. However, very recently her lucrative deal with L'Oreal ended, which may be the reason she has filed this lawsuit. She is seeking $46,000 a month in support, which includes $16,000 for armed chauffeurs and $7,000 in nanny fees. While this case heats up, the reality is that many of these child support disputes are settled in the end, and that may happen in this instance as well.Family law matters in Texas and elsewhere can be delicate and emotional. Whether Evangelista will receive the amount of support she is requesting remains to be seen, but it is not unlikely that she will receive some type of child support for her son since courts typically view these disputes in terms of the best interests of the children. Further, if the parties do reach a settlement, an added benefit may be that they are able to keep further details from becoming public, whereas if the dispute were to go to trial, they may risk having further information become public fodder.
Source: People, "Linda Evangelista Child-Support Case Grows Ugly," Stephen M. Silverman, May 4, 2012
]]>One parent affected by the powers of a case manager had custody stripped after what she described as private conversations between the case manager and presiding judge. The woman had custody of her daughter for about 10 years before the manager recommended that custody be transferred to the father. Now she is only allowed to see her daughter for an hour a week under supervised visitation. These case managers are said to have sweeping authority with no requirement to be licensed and also have little accountability. Concerns about them allegedly abusing their authority are increasing, and now a bill is heading toward the legislature of the state involved to require that case managers have increasingly specific qualifications before being hired for the position.
]]> The Kansas woman who lost custody of her daughter claims she requested hearings several times to address the case manager's recommendation but was denied, and custody was awarded to the father purportedly on the say-so of the case manager. She fought back, and now her matter is scheduled to be heard before a Kansas appellate court on May 15. The mother claims she has a constitutional right to hear the evidence the case manager used to make the custody recommendation and to formally respond and challenge any allegations.Her case could affect custody case managers throughout Kansas, requiring clarification of their roles. While it remains to be seen how these issues will be resolved, Texas parents involved in family law disputes may understand this dilemma as they often have to deal with the recommendations of a court-appointed third party that may sway a court one way or the other. It is never easy to have such a personal matter subject to the opinions and whims of others, and those involved in child custody litigation in our state would do well to fully prepare so as to ensure that a court deciding any unresolved issues has all of the relevant facts and circumstances to consider.
Source: The Topeka Capital-Journal, "Child custody case managers scrutinized," Andy Marso, April 22, 2012
]]>The couple has been married for 21 years and have no desire to separate but see no other alternative to get them out of their dire financial situation. In their unique set of circumstances, a divorce may allow the possibility of receiving higher government benefits and could get them back on their feet.
]]> After the wife began a new job, her husband saw a drastic cut in his disability benefits. The cut has been so severe that the couple is unable to meet some of their most basic needs. The man, injured in 2000, has been unable to work for a long period of time. He was unable to receive Social Security disability (SSDI) due to a low income over the last 10 years, but he did qualify for Supplemental Security Income (SSI), which allows payments for disabled persons to assist with basic needs such as food, clothing and shelter.His benefits were slashed after his wife began working. Over $900 a month in benefits were lost as a result of the new employment, $700 of which came from the SSI program and the others from medical and food stamps. An official explained that the new income and the couple's assets are taken into account when trying to qualify for Social Security benefits, and the decrease is due to the spouses' new income.
Although the couple does not wish to divorce, they feel like it may be their only option to survive. If they legally divorce, the husband may be able to reclaim his lost benefits, allowing them more financial freedom.
While this couple's situation is certainly unique, it highlights the fact that the decision to divorce can arise from a diverse array of situations.
Source: Journal Standard, "Divorcing to survive: Couple struggles in tough economy," Nick Crow, April 21, 2012
]]>The measure did not get very far and was eventually withdrawn by the senator. However, the measure demonstrates that some politicians continue to struggle with the notion of drug testing, particularly when there may be an issue that government benefits or court-ordered child support payments are potentially being used for the purchase and use of illicit drugs.
]]> Although the Iowa senator who proposed the law believes that people are avoiding important issues, the measure was still killed. While it remains to be seen if other jurisdictions will pursue similar legislative attempts, those parents in Texas who could possibly be affected by a change in laws may want to take interest in the discussion.Clearly, drug use may be a relevant issue in divorce and child custody litigation, though extending drug testing to those who are receiving child support payments may be seen by some as overstepping boundaries. Nevertheless, those parents who suspect their minor child is exposed to personal risk because the other parent is using illicit drugs may wish to explore their legal options under Texas family law as they determine what steps to take to ensure that the best interests of their children are being met.
Source: Huffington Post, "Drug Testing For Child Support Measure Killed In Iowa," April 13, 2012
]]>The two met in Texas when they both lived in an apartment complex in Arlington. While they were intimate with one another, they never married, and the women moved out of state in 2001. In 2006, the man voluntarily provided sperm for her in vitro fertilization. In June of the following year, she had triplets using the fertilized sperm.
]]> The man was listed as their father on the birth certificate, and he executed a declaration of paternity. After the man married someone else in December 2007, the mother of the triplets brought family law proceedings against him, seeking child support. He was initially ordered to pay child support while the lawsuit was pending trial. A judge then affirmed and finalized the child support order in favor of the woman, which the man appealed.But an appeals court tossed out the child support petition on March 19, relying on a state statute that permits women to seek services from a sperm bank without the threat of a future paternity action. Texas has a similar law on its books. After the appeals court ruling, the man is no longer required to pay child support.
This child support proceeding underscores the complexity involving some family law matters. In this case, despite the man's former romantic relationship with the woman, the court seemingly relied on the fact that the births were the result of a sperm donor transaction. Those Texas residents facing similar issues, would benefit by learning the relevant law and procedure as it applies to the facts and circumstances of their own family law proceedings.
Source: Lubbock Online, "California court says Texas sperm donor owes no child support," April 12, 2012
]]>Annie Weinstein recently filed for divorce from her husband Bob Weinstein, a well-known stage and movie producer who has worked on films including "Pulp Fiction" and "Shakespeare in Love." Their divorce, which comes after 12 years of marriage, took an unexpected turn when she also filed for an emergency order to protect her from alleged "bodily harm" at the hands of her husband.
]]> The divorce filing came a day after Weinstein and his wife's family apparently held an intervention for her in an attempt to help her deal with an alleged drinking problem. The person in charge of the intervention flatly denied any claims of abuse toward Annie Weinstein and stated that any type of domestic abuse claim was "irresponsible and frivolous." Her husband's representative issued a statement about the ongoing issues, claiming that Weinstein only wants his wife to receive professional treatment.While the facts of this situation remain unclear for the time being, this divorce highlights how contentious the process can be. It can easily turn into a "he said, she said" situation. However, when serious issues like domestic violence could be involved, they should never be taken lightly. Help is available for those who need it.
Source: UPI, "Bob Weinstein's wife seeks divorce," April 7, 2012
]]>If the parent is noncustodial, there may be potential for large tax savings. If several requirements are met, the parent may have the right to claim their child on their taxes. Parents are required to either be divorced, separated via a written agreement or living apart for the last six months of the tax year. The child's yearly support is required to have been provided by one or both of the parents and the child is required to be in the custody of one or both of the parents for over six months in the year.
]]> In most cases, the custodial parent will receive the dependent exemption benefit. In order for a noncustodial parent to claim the dependent exemption, the custodial parent should sign IRS Form 8332. This releases the right for a noncustodial parent to claim the designated child for that particular tax year. Doing so renders the custodial parent ineligible for the claim that year and allows the noncustodial parent the opportunity to claim several other exemptions and credits including the dependency exemption deduction, totaling $3,700 for 2011 and the child tax credit worth up to $1,000 per eligible child.Both parents, regardless of custody, are eligible to claim itemized deductions for children's medical expenses paid out of pocket. Health savings account distributions and employer provided healthcare benefits can also usually be claimed, but the exemptions must meet certain qualifications.
The custodial parent also has several eligible tax breaks for which only they qualify. A couple items that can be claimed during tax time include Head of Household status and the child care tax credit. The only time noncustodial parents are authorized to claim this exemption is if they meet applicable tax law requirements.
Open communication during and after divorce can smooth the process of tax-time for Texas parents. Both have the ability to claim some exemptions or credits regardless of their custodial status. However, knowing that tax regulations are inherently complex, it is important to review all the relevant documents and rules prior to filing a tax return.
Source: Smart Money, "Child-Related Tax Breaks After Divorce," Bill Bischoff, March 28, 2012
]]>In addition to preventing courts from using a deployment as leverage in a custody case, the legislation will also ensure that pre-deployment custody arrangements are followed upon the return of the service member. If another party was awarded temporary custody as a result of the deployment, the arrangement would revert to pre-deployment status once the service member has returned home.
]]> Rep. Michael Turner introduced this bill, but so far it has not been made law. It has been approved in the House six times since 2008 but has yet to pass the Senate. If this bill is passed, it would be added as a provision to the 2003 Servicemembers Civil Relief Act.Texas military personnel who are being deployed would have to meet some qualifications for this proposal. Currently, the language of the legislation states that the military orders would have to be between 60 days and 18 months in length and also prevent other family members from accompanying them.
Military members have many emotional challenges when faced with the prospect of leaving family members behind. Approval of this bill may offer military parents the chance to keep custody of their children instead of allowing a family court to base their parenting ability on something they can't always control.
Source: The Washington Post, "Proposal would protect custody rights during deployments," Timothy R. Smith, March 19, 2012
]]>The papers stated that the marriage is ending due to "discord or conflict of personalities." The couple has two children together. Quaid's publicist has confirmed that his wife filed for divorce and stated that they were working through a settlement for both parties. No further comments are forthcoming. Quaid's wife is seeking spousal support, attorney fees and believes that they will come to a satisfactory settlement regarding custody and support of their twins.
]]> A temporary settlement agreement made on March 2 for the children is already in place. Quaid's wife will take possession of a house in Austin and a Mercedes. Quaid will live at another home and will take possession of a Cadillac Escalade. The agreement also allows for the couple to share a Range Rover, currently in his wife's possession.This is Quaid's third divorce, and fortunately for them and their children, it seems to be an amicable separation.
As we can see, celebrity divorces are not all that different from those of regular Texas couples. Similar issues need to be confronted, including spousal support, property division and child custody. And while we often hear about messy splits, some people are able to work through their issues with few major disagreements. It will be interesting to see how this divorce unfolds.
Source: The Washington Post, "Dennis Quaid's 3rd wife files for divorce in Texas after 7 years of marriage," March 9, 2012
]]>The rule grants state governments the ability to take every dollar gained by federal benefits when freezing the bank account of those who owe back or delinquent child support. The new regulation may feasibly take every cent of income from these parents if it is not amended before the changes are scheduled to take place beginning in 2013. To make matters worse, some say that the seized money will not even go toward the benefit of covered children but instead to the governments who may have previously provided welfare benefits.
]]> In the past, some recipients chose paper checks as a safeguard against this type of process. However, in 2013 paper checks will no longer be issued due to the new Treasury Department rules. Payments will be deposited electronically into bank accounts or loaded onto a debit card, thereby creating an opportunity for money to be seized for back support payments.The new policy appears to be a catch-22 situation. Either deprive the states of the ability to pursue delinquent child support or strip all of the income for those who owe it. Parents in Texas who fall under these guidelines may wish to explore their legal options to avoid these potentially damaging financial challenges, including the possibility of applying to the appropriate court for a modification of an existing child support order when a substantial change in circumstances can be documented. While it is certainly in the best interests of children to receive the child support they are owed, depleting the bank accounts of those who owe it may create an equally undesirable situation.
Source: The Washington Post, "Poor who owe child support could lose federal benefits," Feb. 26, 2012
]]>A common phenomenon seen in the military is the "tech-school marriage." Often involving younger couples who have not experienced some of the hardships that other military couples have, it can result in the couple making decisions under pressure instead of thinking the issues out. Long separation periods are common while serving in the military, and it often puts pressure on young couples to marry so they can stay together.
]]> A member of the military must typically weigh the decision to serve the country in conjunction with the decision to make a commitment to a partner. Texas military marriages are also unique in that service-members come from a wide variety of backgrounds and families. Entering into marriage without discussing important issues such as where to raise children, where to settle or career aspirations may lead to misunderstandings later. Further, a partner separating from the military can detrimentally affect the emotional balance of a family and can also bring financial challenges.Like in any Brazoria County marriage, a military marriage should be for the right reasons. The right motivation can go a long ways toward helping couples face some of the unique emotional challenges of these types of marriages. But even those with the best of intentions sometimes end up in a bad situation that they wish to change. In those circumstances, the best approach is to become fully informed of one's legal rights and responsibilities as a means of negotiating a divorce settlement that is fair and equitable while also covering all important issues.
Source: Dvidshub.net, "News: Before taking the plunge--What you need to know about mil-to-mil marriage," Senior Airman Susan Davis, Feb. 23, 2012
]]>Suspicions can be aroused when computer screens are hidden when the other spouse walks into a room or when cellphones are never left unattended. In this technological age, keeping tabs on someone becomes much easier, and using that evidence against him or her in court is increasingly common.
]]> Facebook is also a potential breeding ground for gathering evidence in divorce cases. Popular social networking sites make it easier for old flames to get back in touch with each other, which can become a springboard for infidelity. If a spouse fails to clear out their chat history or is exchanging incriminating emails with another person, it might be used in a Texas divorce court.Text messages are the most common form of evidence used in divorce courts. Emails, phone numbers, call histories, and GPS and Internet searches are also used with some success. Anything sent via electronic means never really disappears and might be available to present as evidence in court cases. Indeed, private texts or messages may not actually be private anymore if they contain incriminating information. The best approach is to become fully informed of one's rights and responsibilities when it comes to divorce litigation in Texas. For some, this may mean thinking twice before sending texts about an ex.
Source: MSNBC, "Divorce lawyers see more phone evidence, especially texts," Athima Chansanchai, Feb. 10, 2012
]]>Berry and Aubry went their separate ways in April 2010, but the two share a 3-year-old daughter who has been the subject of a child custody battle ever since. Most recently, 45-year-old Berry filed the necessary papers with a court to request that she be allowed to move with her daughter outside of the United States. Perhaps unsurprisingly, Aubry has vigorously opposed the proposed move.
]]> Their story may be a familiar one to parents throughout Texas. Often times following a divorce, one parent may wish to move to another city or even another state. That poses a potential problem when the parents share custody over the child.In all child custody disputes, judges will weigh and balance a number of factors. In Berry's case, a judge may take into consideration certain allegations against Aubry, who is facing child endangerment charges due to an alleged incident involving the child's nanny. For Texas parents seeking to modify current child custody arrangements, speaking to an experienced family law attorney may be helpful.
Source: New York Daily News, "Halle Berry plans to move to France angers ex," Joyce Chen, Feb. 9, 2012
]]>A prenuptial agreement is a contract created before marriage that details what will happen in the event that a marriage ends in divorce or even death. Some provisions outlined in these agreements can include spousal support, division of property, guardianship and terms for forfeiture of assets in the event of adultery. Considering a prenuptial agreement can help parties discuss the eventualities of a divorce and settle many of these issues prior to the marriage. If a divorce occurs, there should be few surprises in the settlement between the parties.
]]> Prenuptial agreements have become part of a growing trend within the United States and are used in Brazoria County and throughout Texas. Divorce lawyers have indicated an increase in their use nationally over the past five years. While these contracts may not be suitable for everyone, they often make sense for those entering a marriage with substantial assets before marriage. Also, someone with children already may find that a prenuptial agreement reduces stress over finances between the new stepparent and the children.Considering a prenuptial agreement may be a wise decision. It can provide a firm foundation for the coming marriage and help define the expectations of each party. In doing so, each party can agree to preserve certain assets in the event the union does not last forever.
Source: KPRC, "Should you get a prenup?" Ed Greenberger, Feb. 8, 2012
]]>In addition to the three homes worth an estimated $18.8 million, reports indicate that Vanessa could receive up to $75 million in spousal and child support. They have two children together and documents suggest that they will be establishing joint custody.
]]> The couple seems to be making a conscious effort to keep the details of the end of the marriage and the divorce out of the public eye, citing irreconcilable difference on the divorce petition.Although the settlement amount may seem high, it's worth noting that many states, including Texas, consider property accumulated during the marriage to be community property. This means that prior to a divorce, the property is held jointly and indivisibly. For people who are planning to file for divorce, these issues can be complex and property ownership may be difficult to trace.
High net worth individuals (like the Bryants) may have additional considerations to take in to account when planning a divorce, such as investment accounts, properties, and tax implications of divorce. Lingering debts and anticipated expenses also impact the bigger picture of dividing assets. Consulting an attorney with experience in these types of cases may help couples to preserve assets more effectively.
Source: Los Angeles Times, "Kobe Bryant divorce: Three homes to Vanessa probably just a start," Jan. 23, 2012.
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