Divorce documents indicate that Suvari is earning about $750,000 annually, which prompted her ex-husband to request such a high amount in monthly spousal support. Meanwhile, the man earns about $3,000 per month as a concert promoter. The man says he is used to his current lifestyle, so the monthly payments will help him maintain his current level of comfort.
]]> The couple had been married for 18 months before filing for divorce. Though no specific details have surfaced, divorce papers indicate that Suvari and her spouse had "irreconcilable differences" that led to their decision to split.The man's request comes days after recent studies indicated than an increasing number of women are required to make spousal support payments. Though men have traditionally been responsible for alimony in a great majority of divorce cases, Suvari's situation is a reflection of changing relationship dynamics. A growing number of women are the primary income earners in marriages throughout the nation.
When entering into divorce negotiations, both spouses should be prepared to determine what constitutes a fair settlement. Even though couples may initially have differing ideas about what level of alimony is adequate or who will take their family's home, compromises can be reached.
Suvari's divorce case may represent an extreme example, but it involves the same question many divorcing couples face: How much alimony is necessary for one spouse to maintain a comfortable standard of living? Couples should understand that splitting the assets and income between two households is likely to change a person's lifestyle. However, there are ways to ensure that spouses can forge an agreement that suits both of their needs.
Source: The Huffington Post, "Mena Suvari Divorce: Ex Requests $17,000 A Month In Spousal Support," May 14, 2012
]]>As an increasing number of women succeed in the business world and see that shift reflected in their income, it is not surprising that they are becoming responsible for monetary support after divorce. According to a recent survey conducted by the American Academy of Matrimonial Lawyers, 47 percent of attorneys are seeing an increased number of women making alimony payments, while 56 percent see more women paying child support.
]]> One observer called this noticeable shift a "sea change." Now, there are nearly an equal number of men and women in medical school and twice as many are graduating from law school as compared to 30 years ago. As women continue to make strides into America's courthouses and corporate boardrooms, it is likely that they will also become the financially-responsible party for spousal support in divorce.Though relationship dynamics are changing, overall divorce rates have remained fairly consistent over the last decade, ranging between 46 and 53 percent.
As is the case for many men who pay alimony, many women responsible for the payments are not necessarily thrilled about their financial obligation. This is why it's important for couples, in any financial situation, to make sure their divorce settlement fairly represents both spouse's income and needs.
There is no exact formula for calculating how much alimony one spouse will pay to the other, so sometimes an individual can feel as though they are overburdened by their obligation. However, an accurate assessment of individual income and financial needs can help divorcing couples reach an agreement to pay alimony at a level that is fair and helps each maintain a certain standard of living.
Source: Reuters, "Divorce courts mirror society as more women pay alimony," Patricia Reaney, May 10, 2012
]]>Although individuals may be tempted to try to conceal assets from their spouse, the advent of technology and electronic records makes it increasingly difficult to do so. As we covered last week, an increasing number of people are relying on domestic spying to discover information about their soon-to-be ex-spouse. Likewise, gaining access to electronic information about financial holdings can assist people in divorce proceedings, but raises curious legal questions.
]]> While some people are relying on legally-questionable computer software to discover hidden assets, there are more reliable ways to receive full disclosure of property. For example, one woman believed her husband might be collecting a pension from his employer. The husband said he wasn't, but a quick search of his employer's website provided information indicating that he had been receiving a pension for over 14 years. This was a smart, but not legally compromising, use of resources.More than anything, evidence that is not obtained legally cannot be used as evidence in court. Even though you may have discovered your spouse has been hiding a significant amount of assets, that information cannot be used in divorce court if it was obtained through questionable measures.
Technology can be an ally when going through complex valuation with your spouse. Yet it is best to consult with a legal representative when trying to uncover hidden assets. This way, your chances of receiving an accurate and fair settlement increases without the risk of unnecessary legal repercussions. At the same time, open, honest conversation with your spouse as you prepare for divorce can lead to a positive resolution of your divorce.
Source: The Wall Street Journal, "Why Hiding Money From Your Spouse Has Gotten a Lot Harder," Veronica Dagher, April 30, 2012
]]>Recently, supermodel Linda Evangelista has made a very large claim for child support from the father of her child, wealthy French businessman Francois-Henri Pinault. According to reports, Evangelista is seeking up to $46,000 in monthly child support from the billionaire. The claim is currently being heard in a family court and is the latest in a string of attempts for the model to obtain support payments from the man.
]]> One reason why the claim has become so contentious is that Pinault failed to respond to accept paternity when Evangelista initially made a move for support payments in 2007. The man claims that he and his current wife, actress Salma Hayek, were having difficulty with a pregnancy at the time, so he was too emotionally strained to deal with his other child.Pinault currently believes that Evangelista is making unreasonable demands for support payments. However, the supermodel believes that her child should be supported at the same level as Pinault's young daughter.
Of course, most Minnesotans involved in child support negotiations probably will not pay out an amount close to $46,000 per month, but this case does raise some important considerations. The goal of child support is to provide a sum of money that accurately reflects both parents' income and the needs of any children involved.
Disputes can arise when parents have disagreements over what level of support is appropriate and fair. Pinault does not believe he owes as much as the child's mother is requesting, but Evangelista insists that the man has the financial wherewithal to provide support payments at the level she believes is necessary.
Typically, divorcing parents settle their child support payments based on the guidelines established by Minnesota law, but not every circumstance dictates that the terms of the guidelines are followed. At that point, parents, or a family court judge, will determine how much child support is owed based on the relevant facts of their unique situation.
Source: The Chicago Tribune, "French billionaire quizzed at New York child support trial," Chris Francescani, May 4, 2012
]]>As of late, modern technology has caught up with divorce: More and more often couples are relying on spy gadgets to determine what their spouse is doing and saying. Relatively abundant, affordable electronic equipment has allowed individuals a very easy opportunity to discover information that could cause their spouse to lose their child custody claim.
]]> In one particular case, a man discovered that a small recording device had been sewn into his son's jeans by his soon-to-be ex-wife. She used the device to record conversations the man had with their son, in addition to attorneys and therapists. Eventually he discovered the device and decided to take legal action against the woman. He took her to civil court and received a sizable settlement for the invasion of his privacy.Divorce attorneys throughout the country have seen a noticeable increase in the use of domestic spying. Though these techniques may seem beneficial to gain leverage of some kind, divorce professionals agree that it's not a good idea. A spontaneous, heat-of-the-moment decision made by an otherwise rational person can end up being very costly.
It's understandable that divorcing parents might have unresolved anger and want to gain custody of their children. Yet by taking matters into your own hands and doing something that is potentially illegal, you could actually be doing more damage to your child custody claim than anything else. If you are caught spying on your spouse, there is no reason a family court judge will not hold it against you when an arrangement is made.
Even though the thought of sitting down to negotiate amicably may seem impossible, it may be the best long-term solution for you and your family. In many cases, children benefit from time spent with both of their parents. Knowing this, it is important to act rationally and work to protect the best interests of your child in child custody and divorce negotiations.
Source: The Houston Chronicle, "Spy gadgets infiltrate divorces as domestic snooping booms," Mike Tolson, April 29, 2012
]]>According to reports, a secret deathbed wedding was performed during the late hours of the night with nurses acting as witnesses. After hearing about the marriage, the woman's family asserted that she was not in a proper mental state, due to her medical condition, when the couple exchanged vows. The woman died a week after the wedding.
]]> Most recently, a court decided that family does not have the wherewithal to annul the marriage. Court documents indicate that the woman's sister, who led the family's legal efforts, lost credibility because she did not question the woman's mental fitness until after hearing that the marriage occurred. This is why the woman did not meet the legal burden of proof necessary to determine that the wedding was invalid.Though this case presents a rather unique set of circumstances, it provides an important reminder to understand all the implications of marriage. In Minnesota, any marital assets are subject to equal division upon divorce. On the other hand, a person's spouse stands to inherit a person's property and assets upon their death, unless they have a will that states otherwise.
Furthermore, this story proves that family law can be incredibly complex. The outcome of the court case could have been much different had the woman or her family been aware of the state's relevant divorce and annulment laws. Obtaining straightforward, trustworthy advice is of the utmost importance when it comes to marriage and divorce laws.
Source: Courthouse News Service, "In-Laws Can't Annul Deathbed Wedding," Jeff D. Gorman, April 27, 2012
]]>After 15 years together and raising three children, Decker and her husband, who was an investment banker, decided that is was best to dissolve their marriage. Initially, the settlement negotiations were going smoothly. The division of their assets looked rather straightforward: They were going to divide about $71 million in real estate, stocks, cash and other financial assets.
]]> In 2009, divorce negotiations turned bitter. The husband's attorney sent a shocking confidential letter to Decker's lawyer alleging that the former company executive had extramarital affairs, paid to spy on her husband and frequently used illegal drugs. The letter was eventually leaked, which triggered a flurry of accusations.It wasn't long before Decker's business dealings became involved in the divorce. The husband's lawyers issued subpoenas to obtain e-mails and records from Yahoo during Decker's tenure with the company. Decker's attorneys tried to appeal the subpoenas without much success.
Earlier this week, a trial was set in order to complete the terms of the couple's final settlement. However, the couple agreed to a property division arrangement before the trial even began. Prior to the news of the settlement, the couple had divided about 70 percent of their assets.
Thankfully for the former couples' children, a custody arrangement was created years ago. If they had left that element of their settlement unresolved, it could have caused a lot of hardship for the children. Decker and her ex-husband acknowledge that they will have to work together to raise the children they both love very much.
Businesspeople often have a lot of assets to split up when they seek divorce. Complicating matters, a good portion of those assets may be difficult to divide without the existence of a prenuptial agreement. Though this case is particularly dramatic, many couples have disputes that are nearly impossible to resolve. In the end, the couple knew they had to work together in order to finalize their split.
Source: Mercury News, "Ex-Yahoo president, husband settle bitter divorce case," Gary Klein, April 22, 2012
]]>In some cases, a parent falls behind or intentionally refuses to make support payments, which can result in jail time. While there are many cases in which holding negligent parents accountable is entirely appropriate, but, other times, a person may mistakenly be held responsible for children that are not even their own.
]]> One man spent several months in jail for failing to pay child support to a woman who told him that he was the father of her child. In total, the man owed the woman $50,000 in back payments. Eventually, the man was able to benefit from a state law that allows the use of DNA testing in child support cases. After the man secured confirmation that he was not the father of the woman's child, he was released from jail and eventually cleared of his responsibility to pay back the child support. This allowed the man to be reunited with his family.Though this situation arose outside of a marriage, it can definitely become an issue for divorced couples in Minnesota. Of course, individuals should provide love and support to their children, but they also don't deserve to be wrongfully punished by the law. If you are caught in situation where you are facing consequences for being a "deadbeat dad" and there is a question of paternity, it may be valuable to consider genetic testing. These tests can be purchased at many pharmacies.
Furthermore, if you're already paying the consequences for unpaid child support under similar circumstances, it may be worthwhile to examine Minnesota laws concerning paternity and unpaid child support. Above all, properly determining paternity can help families get the resources they need to thrive.
Source: Source: CBS DFW, "Man Jailed For Child Support For Baby That Wasn't His," April 12, 2012
]]>Most recently, her dealings with divorce took a slightly unexpected turn. Just days before this year's income tax filing deadline, the Internal Revenue Service placed a tax lien on for over $1.7 million in back taxes owed for the 2010 tax year. Since the claim was issued by the IRS, Vonn has reportedly paid her tax debt in full.
]]> Encountering any tax problem is certainly unwelcome, but Vonn didn't expect that her taxes were filed improperly. According to a public statement, the problem arose from her divorce proceedings. Vonn and her husband had not signed a prenuptial agreement, so there was no clear asset division plan going into the divorce, which is unfortunate because Vonn has secured several major endorsement deals since her Olympic victory.Vonn's public statement also indicated that she has learned major lessons as a result of her tax quandary. She indicated that she was not in control of her finances and placed trust in another person to manage that aspect of her life. Now, Vonn knows to be more careful about how her assets are handled, particularly in terms of her divorce and asset division.
Even though the income tax filing deadline for the 2011 just passed, it's never too early to start asking questions about how your divorce and assets will impact tax filings. Getting a divorce does not always conveniently align with tax season, so it can be valuable to take care of tax-related questions during the actual divorce process. This way, you can be focused on your newly changed life, rather than worrying about the IRS taking action against you down the road.
Source: USA Today, "Spokesman: Vonn pays off IRS tax debt," April 15, 2012
]]>Shortly after LaPoint and his wife were married in 1990, they entered into a post-nuptial agreement that would likely dictate property division if they ever got divorced. Over a decade later, the two decided to get divorced and the post-nuptial agreement was enforced. The agreement required LaPoint to pay his wife any interest earned on major league "collusion moneys."
]]> After the divorce filings occurred, LaPoint's accountant included the interest from the collusion funds as a deduction for alimony payments in the man's tax filings. Eventually, the Internal Revenue Service filed a claim stating that the money was improperly deducted. LaPoint fought this accusation, but the court ended up ruling in favor of the IRS anyway.According to the court, the interest paid to the woman was did not meet the legal definition of alimony. In order for spousal support payments to be considered alimony, the payments must be made after divorce or during legal separation, the payments must be declared to be alimony, the couple has to be living in separate residences and there are no legal requirements to make payments after the payer dies. However, the couple's post-nuptial agreement included a term that made the payments binding beyond their deaths. As such, the payments were not legally considered alimony.
Divorce and tax laws have a tendency to be immensely complicated. LaPoint trusted an accountant to take care of his tax filings and provided all the necessary documentation, so the player will not be penalized for this particular violation. Regardless, this case emphasizes the importance of seeking out knowledgeable advice in order to handle all the questions that arise from a divorce, particularly the income tax implications. Receiving trustworthy assistance can prevent unnecessary stress or trouble down the road.
Source: Forbes, "IRS Strikes Out Retired Pitcher Dave LaPoint - Alimony Not For The Dead," Peter J. Reilly, April 14, 2012
]]>It's understandable that if a person has built a business they would want to preserve their role, even if they choose to obtain a divorce. As is the case in most divorce situations, it's very important for business owners to be prepared when entering the divorce process. Having an understanding of everything included in the process of going through property division will prevent any unwelcome surprises.
]]> Having a solid understanding of the state's laws regarding property division can help you prepare for divorce and achieve an equitable settlement, including your business interests. Generally speaking, assets acquired prior to marriage will remain in the possession of the spouse who owned them. Yet assets obtained during marriage may be considered community property and are subject to being split down the middle.Another important thing to consider is how legal ownership of the business is designated, specifically whether an individual owns the business or spouses share ownership. In order to clear up any questions or doubts, it may be helpful to seek out the advice of a legal professional to understand how the law relates to your specific situation.
In order to best protect your assets and business interests, signing a prenuptial agreement might be the best option. If you and your soon-to-be spouse make a prenuptial agreement, it may be the closest thing to guaranteeing that you will maintain control of your business after divorce. Furthermore, this type of agreement can clear up a lot of other questions that come along with divorce.
Above all, staying truthful and level-headed is another way to work toward a fair divorce settlement. Both spouses have interests to protect, so agreeing to be as civil as possible will minimize hard feelings and will aid in making thoughtful decisions throughout the process. By being smart about your divorce, both you and your spouse can exit your relationship with the ability to create and maintain a comfortable lifestyle.
Source: Reuters, "Want To Protect Your Business in a Divorce? Be Batman," Edward Tan, JD, April 5, 2012
]]>In most cases, auto insurance providers must be notified of a divorce and any policy adjustments within 30 days of the final proceedings. Making the proper changes to your car insurance policy post-divorce can impact your liability for anything that may happen to a car. This is particularly true if your name is still on a vehicle that was jointly-owned during marriage.
]]> Furthermore, rates can change based on marital status and your residential location. Car insurance companies usually offer discounted rates to married couples, so changing your relationship status can cause your rates to move upward after divorce. For couples going through a high-asset divorce who take advantage of multi-vehicle policy discounts, they may have to pay more when car ownership changes.Changing your residence will likely play a role in how your vehicles are insured. Many car insurance policies will only cover one household, so it is important to make sure your insurer has your most current address. Furthermore, the location where your vehicle is parked may also play a role in determining your insurance rates.
Dealing with car insurance policies is one of the many items divorcing couples deal with as they work through property division with their attorneys. Knowing how divorce affects car insurance rates and liability, it is important to make sure your settlement addresses car ownership and the insurer is notified of any relevant changes. Most importantly, coverage may be denied if your insurance provider's records do not accurately reflect your living situation. By being proactive about your auto insurance coverage, you and your spouse can prevent issues in the future.
Source: Fox Business, "Divorcing? Break the news to your car insurer, too," Penny Gusner, April 3, 2012
]]>The bill, authored by Rep. Peggy Scott, R-Andover, would change that 25 percent figure to 40 percent, with the remaining 20 percent left open to negotiation or determination by a judge.
]]> A source opposed to the bill said that this approach may not be ideal in complex divorce cases where one parent has a much larger role in the parenting of the children. It presumes the parents want to have equal time and does not focus on what is in the best interest of the children, but instead focuses on what the parents want.The proposed bill was debated in the last legislative session, and if the Finance Committee approves the bill it will go to the senate floor. One of the underlying aspects of the debate is a 45.1 percent figure. If each parent has at least this amount of custody time with their children, it is considered to be a joint custody agreement, which impacts child support payment figures.
The House version of the bill would make an allowance that would lessen ramifications pertaining to the percentage of custody and its impact on child support amounts, among other issues. The various bills do take into consideration circumstances involving parents who are not pursuing a joint custody agreement, or in cases where one parent is unfit or lives far away from the other. The current bill also takes these issues into consideration.
The author of the bill believes that the larger percentage of presumed custody and parenting time will compel divorcing parents to work more closely together in putting the needs of the children in the forefront. Divorce can be a difficult and complex process, especially when child custody issues are involved.
If you are unsure of current Minnesota laws and want to learn what your parental rights are in a divorce, consult with a child custody attorney who can guide you through the process and ensure your parental rights are protected at every step in the divorce process. There are many facets to consider when going through the divorce process and an experienced divorce attorney can help you make informed decisions so you can focus on a brighter future for you and your children.
Source: Star Tribune, "What's in a number? Minnesota's shared custody debate ...," Jeremy Olson, Mar. 29, 2012
]]>Last week, the Senate Finance Committee was scheduled to consider a bill that would increase the amount of presumed custody to 40 percent for each parent, which would leave 20 percent of the time open for negotiation with the parents or a judge.
]]> According to sources, the change is being requested for two reasons. First, because of a history of mothers gaining a greater share of custody and time with their children, and secondly, it is due to a wealth of research data that shows children are better adjusted and generally healthier when both parents are involved in their lives.According to one source, the current system is antiquated in that 40 or more years ago many women did not work outside the home, which left them to be the main parenting source. Society has changed a great deal since then and the current model, which makes one parent a winner and the other one the loser in many custody disputes, no longer applies. It is time for a bill that will treat each parent as equals when negotiating child custody.
Child custody issues tend to be one of the more contentious aspects in the divorce process. Watch for our second post this week that expands on the pros and cons of the bill. If you are considering a divorce and have questions regarding Minnesota state custody laws, contact a divorce and child custody attorney to learn more about your parental rights and steps you can take to protect those rights.
Source: Star Tribune, "What's in a number? Minnesota's shared custody debate ...," Jeremy Olson, Mar. 29, 2012
]]>Under the terms of this proposal, family court judges would be not be allow to consider certain military deployments when determining custody arrangements. Furthermore, this bill contains a provision that would allow parenting arrangements to return to their pre-deployment status as soon as a service member arrives home. Deployments covered by this bill include deployments between 60 days and 18 months in duration and those that do not allow family members to come along. This bill is of particular concern to those serving in combat zones.
]]> Under current laws, deployments can threaten a parent's ability to gain or maintain custody of their child. Understandably, deployments are difficult for all those affected, but military service should not be considered detrimental to those seeking custody rights, according to supporters of this bill. Similar proposals have been brought before congress multiple times in the past, so it is uncertain what fate this bill will meet.The most important factor in determining custody arrangements is to preserve the best interests of any children involved. In many cases, children benefit from spending quality time with both of their parents. Keeping that in mind, there are probably instances in which limiting a child's exposure to their parent because of their military obligations would do more harm than good. In any case, there are a multitude of factors that play into how custody arrangements are made, so it is important to know how changing laws may impact your situation.
Source: The Washington Post, "Proposal would protect custody rights during deployments," Timothy R. Smith, March 19, 2012
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