The bill would have required judges in divorce proceedings to adopt a premise for approximately equal time-sharing of children between spouses. Judges could adjust the split based on 20 factors listed in state law.
Scott objected to that provision, saying it would put some parents’ interests ahead of those of their children.
Scott did not comment on the bill’s proposed changes to alimony rules, which would create a formula for payments based on each spouse’s income and the length of the marriage. It also would have terminated permanent alimony payments upon a spouse’s remarriage and allowed for a review upon their reaching retirement age.
Another controversial provision would have permitted alimony renegotiation if the recipient’s income rises by 10 percent. Opponents of the bill said that trigger was set too low, endangering the welfare of recipients, primarily women, who through hard work made progress in providing for their children.
In 2013, Gov. Scott also vetoed a major family law reform bill, which likewise created a presumption for equal child custody. He said that bill would have been unfair to alimony recipients because it would have applied retroactively to longstanding alimony judgments. This year’s bill did not contain retroactive provisions.
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Office To learn more, visit http://www.brandonlawoffice.com/
The post Another family law reform bill falls to Gov. Scott’s veto pen first appeared on SEONewsWire.net.]]>Divorce can have a profound effect on children. And children do not really have a say in whether their parents stay together. Obviously, having children gives parents an enormous incentive to work things out. But in the end, the decision to keep the family together or split it up rests with the parents.
Health scientists and social scientists want to know exactly how divorce affects children. A pair of recent studies on the consequences of divorce showed harm, but those problems can be solved, mitigated or avoided altogether by a loving, but divided, family.
The first study showed that children of divorced parents may be at greater risk of health problems. Researchers at the University College of London studied the blood of 7,462 people age 44. They found that the subjects whose parents had divorced before they reached age 16 showed elevated levels of a protein that is associated with increased risk of adult-onset diabetes and heart disease.
Dr. Rebecca Lacey, who led the study, said that it is not necessarily the divorce itself that caused the physiological changes, but rather the socioeconomic hardships that often accompany divorce when compared to two-parent households. For instance, children of divorced parents can face greater economic challenges and more limited educational opportunities.
The second study indicated that children of divorced parents regard their relationships with their parents as weaker than other children’s. Researchers at the University of Illinois at Urbana-Champaign surveyed 7,335 men and women averaging 24 years old. Those from divorced families less often saw their current relationship with their parents as “secure.” The effect was more pronounced in those whose parents divorced before they reached age 5.
Studies like this can be disheartening to families contemplating divorce, because they feel conflicted about the actions that are best for their children and for themselves. But not every divorce or troubled relationship or child is the same.
Notice one thing both the studies mentioned have in common: the negative effects of divorce on children are worse for younger children. No divorce at all gives kids the best chance, but if divorce must happen, later is better than sooner. If you and your partner can stay amicable and on the same team for the sake of your child – even for just a couple more years – the benefits can be significant. Couples therapy can go a long way to help you make this happen.
If divorce is inevitable, at the very least, it can be peaceful. “Collaborative divorce” is a process by which couples agree from the outset to cooperate and negotiate toward a solution that is satisfactory to both parties and their children. They agree not to litigate against each other. The process is not only often faster and less expensive than litigious divorce, but far less emotionally draining.
Many couples with prenuptial agreements find that the documents give a certain peace of mind and help them avoid fights. If you are considering divorce, it is too late for a prenuptial agreement, of course, but not for a postnuptial agreement. “Postnups” are just like prenups, but for couples already married. Sometimes it can help prevent conflict to have a written agreement in place, and if a divorce still comes to pass, the outcome is largely prenegotiated and the process can be relatively quick and painless.
When a divorce is finalized, parents can still give their children enormous advantages by actively maintaining healthy, happy relationships – both with your children and your ex. Children who see their parents maintain civility and cooperation and keep close ties with both of them will fare far better than those who do not.
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Studies Show Divorce’s Ill Effects on Children, but Risks Can Be Mitigated first appeared on SEONewsWire.net.]]>But in fact, many investment accounts, including 401(k) accounts and individual retirement accounts (IRAs), have beneficiary provisions that supersede wills. These provisions are sometimes called “substitute wills” because of their ironclad legal status.
Beneficiary designations on investment accounts are an important and useful estate planning tool. They enable the probate process to be bypassed for those assets, meaning their transfer to beneficiaries is quick and easy, with a minimum of paperwork or legal hassle. But just as efficiently as these provisions can bring about the decedent’s wishes, they can bestow assets upon the wrong person if they are not kept up to date.
This potential problem is aptly illustrated in cases of divorce. If someone names his or her spouse as beneficiary, then gets a divorce, but fails to change beneficiaries, the ex-spouse could inherit the bulk of the estate.
In a different example, a man has children from a previous marriage. He has since divorced and remarried. Because the law dictates that his 401(k) goes to his current wife by default, he must file certain paperwork if he instead wishes to leave the funds to his children. A prenuptial agreement to this effect is not enough; the man’s current wife must specifically relinquish her claim on the account.
The following must be considered to ensure retirement account assets go to the right people:
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post To Ensure Wishes for Their Estates Are Met, Divorcees Must Consider Beneficiary Designations first appeared on SEONewsWire.net.]]>Today, unscrupulous spouses may be employing a new, high-tech innovation to do so: electronic currencies like Bitcoin.
Bitcoin is the best-known of a class of computer-generated currencies invented within the past several years. These crypto-currencies may be used to purchase practically any good or service.
They began as a concept of interest mainly to computer scientists, but soon, they began to attract wider attention for their clandestine properties. All Bitcoin transactions are recorded on a public ledger viewable by anyone, but the parties to those transactions are anonymous “addresses” – strings of letters and numbers akin, perhaps, to a Swiss bank account. Bitcoin rivals or surpasses cash in terms of its anonymity of ownership, ease of transfer and simplicity of concealment.
While there are few, if any, currently documented cases of Bitcoin or other electronic currencies used to conceal assets in divorce, there is little doubt that the option will become attractive to those desperate enough to break the law in the pursuit of financial gain.
Bitcoins are often purchased online by wire transfer or electronic bank transfer. This method is also employed by those with nothing to hide, but it could present significant obstacles to asset discovery for those who desire it. Bitcoins can also be purchased in person with cash — potentially leaving no paper trail whatsoever.
If it is easy to conceal the actual purchase of bitcoins, concealment of ownership is even easier. The use of the currency depends on a long password, called a “key.” Bitcoin keys are easily stored on USB flash drives, memory cards or paper printouts, then hidden anywhere. They may even be memorized, leaving absolutely no physical evidence.
The transfer of bitcoins is a trivial task involving a few keystrokes and a tiny transaction fee. A divorcing spouse could have a trusted friend or relative hold on to the currency in his or her own accounts.
The problem of uncovering assets in an adversarial divorce is a very old one. Electronic currency may be the latest method available to cheating spouses, but it will not be the last. Parties to divorce, family law attorneys and judges all need to be vigilant in ensuring a fair and lawful outcome in every divorce case.
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Bitcoin a Potential New Method of Asset Concealment in Divorces first appeared on SEONewsWire.net.]]>A recent article on the Washington Times Communities website suggests that the Affordable Care Act (ACA), or Obamacare, may lower this barrier to divorce if it succeeds in making health care more affordable.
A study by the University of Michigan in 2012 found that each year, some 115,000 American women lose their health insurance after they get divorced. Many of them are not employed outside the home, work part-time, or work for companies that do not offer insurance. Some are eligible for COBRA benefits, but of those, many cannot afford the premiums while living alone.
Concerns over health insurance are especially prevalent among couples divorcing after age 50, cases sometimes called “gray divorces.” If individuals are too young to qualify for Medicare, they may find themselves priced out of insurance markets. An unknown number of couples remain married until age 65 for this very reason.
Individuals with pre-existing conditions who are covered under their spouse’s plan also face strong incentives to remain legally married.
Beginning January 1 2014, the ACA could change this dynamic for many people. Presumably, some number of people will be able to afford health insurance on their own where previously they could not. If the program is a success, and large numbers of couples find themselves in this situation, the divorce rate could rise sharply, especially among the unemployed or underemployed, seniors and those with pre-existing conditions.
The ACA could also bring about changes in spousal support. The cost of health insurance affects the need for spousal support, with one party often having to pay enough for adequate coverage. Any change in the overall insurance market could affect how much support is awarded in some cases.
Accounting for these changes will likely be highly contentious in several ways. Opposing parties might disagree over whether spousal support should provide for excellent (“platinum”) insurance, or only basic (“bronze”) plans. If the spouse receiving support is eligible for a federal insurance subsidy, the other party may argue that that should lower the support awarded. Likewise, the expansion of Medicaid in some states will make more individuals eligible—another possible argument for lower support.
Among those couples who find themselves better able to afford health insurance under the Affordable Care Act, some who might otherwise have remained married may opt for divorce. The specific effects of such a change will take time to recognize and understand.
Kristi J. McCart is a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post If Affordable Care Act Lives Up To Its Name, Divorce Rate May Rise first appeared on SEONewsWire.net.]]>The first thing to know is that you should make every effort to reach a mutually-agreeable compromise on all issues related to your children. This may involve simple, honest communication between partners, couples or individual therapy, a custody mediator, or the help of an attorney. Try to avoid taking your custody battle to court, which can often harm the relationships between not just you and your partner, but between the children and both parents. A method of divorce becoming more widespread is called “collaborative divorce,” which boils down to compromise, agreement, and a lack of litigation. Regardless of your marital status, cooperation between partners is always preferable to an adversarial relationship.
If you cannot reach a resolution in your child custody dispute and must go to court, here is what to keep in mind.
If Both Partners are Legal Parents
Both same-sex partners may be legal parents of a child for any of these reasons:
When both partners have legal parental rights, courts will resolve child custody disputes as they would for opposite-sex couples. The best interests of the child will be held paramount, and a variety of factors will be used to determine this.
If Only One Partner is a Legal Parent
Most often, partners who are not legal parents have no parental rights at all, and cannot seek custody, regardless of the reason they are not legal parents. However, some courts have granted rights to second parents on the basis of the partners’ intent to raise the children together or the second parent’s relationship with the child. For instance, did the nonbiological parent attend doctor’s office visits and birthing classes with the biological parent? Did the second parent involve his or her family as members of the child’s extended family? These factors can influence judges to grant parental rights.
If you are a legal parent who wishes to deny your ex-partner child visitation or partial custody, carefully consider your motivation. If you genuinely believe that it is not in your child’s best interest to visit with your ex-partner, it is your right to pursue that. But the fact that your ex may be a flawed person or your inability to get along as a couple are not sufficient justification.
If you are a second parent, and your ex-partner wishes to deny you visitation or partial custody, find out with the help of your attorney whether your state will permit you to present a claim. If so, what steps must you take? If not, are you willing to try to forge new law? Are you willing to pursue your case up to an appeals court? This can be difficult and expensive, but it is often how laws are changed – an important aspect of our common law system.
No matter the legal status of your relationship with your partner or your child, remember to put the child’s interests first. In most cases, this means allowing the child to continue a relationship with both parents and maintaining a civil relationship of respect and compromise between partners.
Kristi J. McCart is a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Child Custody Issues When Ending Same-Sex Relationships first appeared on SEONewsWire.net.]]>In practice, of course, it does not work quite like that. It is still significantly less common for men to be awarded alimony – indeed, many men who may be eligible for alimony do not even request it. This is despite the fact that women’s likelihood of working and their income levels are both rising, and they are now more likely than ever to be the primary or even sole breadwinner member of a couple.
A recent study from Pew Research Center on “breadwinner moms” shows that a record 40 percent of households with minor children include mothers who are either the primary or sole source of family income. The figure was just 11 percent in 1960. The 40 percent figure must be taken with a grain of salt: two-thirds of that group is made up of single mothers with a median income of just $23,000. The other third, though, is made up of 5.1 million married mothers with a median family income of nearly $80,000. These are the true breadwinner wives and mothers who might very well have to pay alimony if they divorced and their spouses requested it.
But the truth is, many men who might be eligible to receive alimony do not request it. According to the U.S. Census Bureau, in 2010, there were 380,000 women in the U.S. receiving alimony, but just 12,000 men. A man might believe that asking for alimony is a sign of weakness. If he comes from a marriage in which his spouse made more money, he might have lingering issues with not being the primary breadwinner that could make him hesitant to continue in a role of being supported by his spouse.
It is still true that alimony is more often awarded to women than to men because women are more likely to have foregone education and work experience for the sake of a spouse or a family. But that is a generalization. An individual man is more likely than ever to be in a marriage in which the opposite is true. Anyone seeking a divorce who believes they need or deserve to be awarded alimony should seek the counsel of an experienced divorce attorney as soon as possible.
Kristi J. McCart is a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Despite Rising Income for Women, Men Hesitant to Request Alimony first appeared on SEONewsWire.net.]]>A divorce can be emotionally exhausting and can make the holiday season practically unbearable. All of this can be unfair to the children of a divorce. But there are some things to keep in mind as the holidays approach that can help calm the storm.
Here are five tips to help your children enjoy the holidays and help you survive through January.
1. Have a strategy. As much as possible, plan out where everyone will be and when so that your children will know what to expect and the other parent can plan his or her schedule as well. Be on time with planned phone calls and pick ups and drop offs.
2. Stay connected. Keep in touch with the other parent so that you are not overlapping gifts or giving the children presents that are forbidden to have. It is important to know what is going on with the children when they are not with you in order to be a good parent to them when they are with you.
3. Focus on the children. Remember that the children like parties and presents and seeing their cousins that they only get to see a couple of times a year and they should get to enjoy that. Try to surround young children with things that they know – especially if this is the first holiday since the divorce.
4. Be positive. It will hurt your ability to negotiate with the other parent if it gets back to them that you have been speaking unkindly about them. Since your family will be around the children, too, remind them to stay positive about your children’s other parent in front of the kids. It may be your dad’s instinct to make remarks about the other parent under his breath. Or it may be in your sister’s nature to want to discuss all of the details of how the marriage ended. But it is your job to tell your family that all comments about the family around the kids need to be upbeat.
5. Start some new traditions. Your children will miss the old traditions you had as a family. That is natural and you may miss them, too. But use this as an opportunity to start some new celebrations. Let your children help to design some of these new holiday rituals so that they can take some ownership of them.
Tampa divorce lawyer Joshua Law is an experienced child custody attorney at Osenton Law Offices.
O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon child custody attorney, Tampa divorce lawyer, or Tampa family law attorney, call 813.654.5777 or visit Brandonlawoffice.com.