Showing posts with label child support. Show all posts
Showing posts with label child support. Show all posts
Friday, September 29, 2017
Thursday, January 2, 2014
Mom Must Pay $195,000 in Fees for Custody Battle in Fulton County
Daily Report
2014-01-02 00:00:13.0
The judge overseeing a child-custody battle that brought demonstrators to the Fulton County Courthouse twice this year in support of the mother has made a permanent his decision to keep the 11-year-old child at issue in the father's custody.
Judge John Goger of Fulton Superior Court also ordered the mother to pay $195,513 in attorney fees for pursuing child-abuse allegations against her ex-husband that the judge deemed not credible.
The rest of the article may be found at http://www.dailyreportonline.com/PubArticleFriendlyDRO.jsp?id=1202635308078.
Although this was not our case, we appear in front of this judge recently. In a case that had similarities to this one, the judge kept custody with my client, the father, and ordered the mother to pay $12,000 in attorney's fees. The court is sending a clear message about litigants who attempt to abuse the process.
Tuesday, January 24, 2012
When it's time to divorce, put your children first - really.
You've probably heard it before: the reminder that when it comes to divorce, it's important to consider your children. Most people claim to want what's best for their kids, and in their hearts, they do. But in practice, particularly during divorce proceedings, this can be frustratingly difficult.
Child custody is just one of the details you and your soon-to-be ex need to work out as you prepare for your new lives apart. Although the days when custody was automatically awarded to the mother are long behind us, mothers are still more likely to be granted primary custody, and fathers often fail to stand up for their rights.
It's important to keep in mind that unless either of you has shown to be an unfit parent, children greatly benefit in the long term from having relatively equal time with both parents. Too often custody is used as a tool to exact revenge on a spouse, and while it may initially feel good for the parent awarded custody to hold that judgment over the other parent's head, in the end, it's your child who suffers most, not your spouse. At the same time, remember to stick up for yourself before assuming you won't get as much time with the kids as your ex.
Accompanying the issue of custody is child support. In the state of Georgia, child support is usually calculated using the incomes of both parents along with the amount of time their children spend with each. But what if custody didn't enter the equation, and the amount of money each parent had to work with was settled without that tug of war? If custody and support were determined separately, there might be less fighting over both.
Speaking of fighting, many parents believe that they're effectively hiding their emotions about the divorce from their children. But keep in mind how perceptive kids can be without talking directly to them. They hear you on the phone, in the next room, complaining to your friends or to yourself about your ex. Divorce almost always has a long-term negative effect on children. Your job as their parent at this time is to lessen that negativity in whatever way possible. That means both you and your ex need to treat each other as respectfully as you can, and to truly put your child's feelings ahead of your own.
The end of your marriage doesn't have to spell the end of good times for anyone -- you, your spouse or your children. But you as a parent are responsible for ensuring that the details of your divorce, whether it's time (child custody) or money (child support), don't get in the way of a happy childhood for your son or daughter.
Source: Huffington Post, "Divorce + Child Custody = Epic Failure," Ken Solin, Jan. 17, 2012
Child custody is just one of the details you and your soon-to-be ex need to work out as you prepare for your new lives apart. Although the days when custody was automatically awarded to the mother are long behind us, mothers are still more likely to be granted primary custody, and fathers often fail to stand up for their rights.
It's important to keep in mind that unless either of you has shown to be an unfit parent, children greatly benefit in the long term from having relatively equal time with both parents. Too often custody is used as a tool to exact revenge on a spouse, and while it may initially feel good for the parent awarded custody to hold that judgment over the other parent's head, in the end, it's your child who suffers most, not your spouse. At the same time, remember to stick up for yourself before assuming you won't get as much time with the kids as your ex.
Accompanying the issue of custody is child support. In the state of Georgia, child support is usually calculated using the incomes of both parents along with the amount of time their children spend with each. But what if custody didn't enter the equation, and the amount of money each parent had to work with was settled without that tug of war? If custody and support were determined separately, there might be less fighting over both.
Speaking of fighting, many parents believe that they're effectively hiding their emotions about the divorce from their children. But keep in mind how perceptive kids can be without talking directly to them. They hear you on the phone, in the next room, complaining to your friends or to yourself about your ex. Divorce almost always has a long-term negative effect on children. Your job as their parent at this time is to lessen that negativity in whatever way possible. That means both you and your ex need to treat each other as respectfully as you can, and to truly put your child's feelings ahead of your own.
The end of your marriage doesn't have to spell the end of good times for anyone -- you, your spouse or your children. But you as a parent are responsible for ensuring that the details of your divorce, whether it's time (child custody) or money (child support), don't get in the way of a happy childhood for your son or daughter.
Source: Huffington Post, "Divorce + Child Custody = Epic Failure," Ken Solin, Jan. 17, 2012
Thursday, July 7, 2011
Terrell Owens sued in Fulton County for child support
In May, we discussed how the ongoing National Football League lockout could affect athletes' child support and alimony obligations. During the lockout, most players will not be earning the same amount of income they were making at the time their support obligations were calculated. This could harm their ability to pay.Now, we are receiving reports of just such a situation in Fulton County. Melanie Paige Smith, an ex of NFL wide receiver Terrell Owens, submitted court papers on June 20 against Owens, claiming he will not pay all the $5,000 he owes her for monthly child support.
Allegedly, financial advisers for Owens have told Smith earlier that he no longer intends on paying the full sum. Smith's attorney alleged that Owens has "failed and refused to pay the full amount of child support in June 2011." Smith's attorney has also said that Smith doesn't begrudge Owens, but would like to continue receiving the amount the couple had earlier agreed upon.
In addition to the full amount of child support, Smith is also requesting that Owens pay her attorney fees and other expenses incurred in the efforts to enforce the court's May 2007 child support order.
Meanwhile, Owens is on the mend after undergoing knee surgery. However, he is a free agent and won't be able to join a new team as long as the NFL lockout is still in effect.
The NFL lockout has put many players like Terrell Owens in a precarious situation. If they simply stop paying court ordered child support, they can be held in contempt of court, which can have serious consequences. However, there are other options available for people who have suffered an involuntary loss of income. A parent who has experienced an involuntary loss of income can request a downward modification of child support payments from a court.
If you have questions about how your child support payments are affected by the loss of a job or a loss of income, an experienced family law attorney can help you understand your legal options and defend your rights in a court of law.
Source: Associated Press, "Woman says Owens fails to pay some child support," Jeff Martin, 6/29/2011
Thursday, May 19, 2011
Support modifications for pro athletes pending
National Football League players were locked out in March. National Basketball League players are expected to join them in June. Players for both groups are at the mercy of ongoing contract negotiations between team owners and players' unions. Right now, neither side is budging and sports agents are becoming edgy.It's estimated that up to 80 percent of all pro-athletes are paying alimony, child support or both. Many players' financial advisors are reminding their clients that no pay equals no way to pay those bills and are recommending that players ask for support modifications.
Despite high salaries, many players are unprepared if the checks suddenly stop coming. Those who do pay support often have thousands to tens of thousands of dollars deducted each month.
Should an NFL player suddenly stop making an average yearly salary of $1.8 million, financial times could quickly become tough for all those dependent on that money.
When the ball teams don't pay the bills, players must pay and that includes health insurance. The NFL trade association says that could run about $2,000 each month for many. When those costs are multiplied by court-ordered health care costs for children or exes and the costs can run double, triple or more.
When a spouse or parent has a child support or alimony obligation, that obligation was initially calculated by looking at his income. When a parent or ex-spouse suffers an involuntary loss of income, those support obligations can quickly become too much to afford. Simply failing to pay child support or alimony can result in a contempt hearing and the possibility of jail time.
When a person suffers an involuntary loss of income, experienced family law attorneys understand the importance of requesting a downward modification from a family law judge. A successful request for a modification can reduce child support and alimony payments and eliminate the possibility of a contempt hearing.
Source: Bloomberg, "NFL Players Poised to Cut Alimony, Making Wives Industry Dispute Victim," Scott Soshnick, 5/9/20114
Thursday, May 12, 2011
Atlanta producer sued over child support payments
A woman living in the Atlanta area is suing Jermaine Dupri alleging the rapper and producer has not paid her court ordered child support. In March, a Fulton County judge found Dupri to be the father of Sarai Jones' now-seven-month-old daughter based on the results of a paternity test.Dupri was ordered to pay Jones a lump sum of $7,500 plus an additional $2,500 each month for child support. Dupri's lawyer has declined to publicly comment on the lawsuit.
Dupri has had a successful career in hip-hop as a rapper and a producer, producing multiple hits for artists, including Kriss Kross, Mariah Carey and Usher. Forbes.com ranked Dupri as one of the top earners in the industry, earning $12 million in 2006.
However, a local TV station has reported that Dupri may be in a tough financial situation. WSB-TV has reported that Dupri's Atlanta mansion was going through the process of foreclosure before the auction of property was called off. WSB-TV has also reported that Dupri may owe the Georgia Department of Revenue more than $490,000 in back taxes.
When a family court judge calculates a father's child support obligations in Georgia, the judge looks at the income of both parents. In child support cases involving high-income fathers, the amount of child support owed can be quite high. However, many high-income parents see major fluctuations in their income from year-to-year and even month-to-month. A child support obligation can rapidly become unaffordable when a father's income drastically falls.
In situations involving involuntary job loss or an involuntary income, downward modification of child support can be requested from a court. If you have questions about a modifying child support obligations, an experienced family law attorney can help.
Source: WSBTV.com, "Jermaine Dupri Sued Over Child Support Payments," 5/9/2011
Wednesday, April 6, 2011
Alimony versus child support in divorce
April is now in full swing in Atlanta. For the optimists among us, that means opening day of the baseball season. For the realists among us, that means tax season.With April 15 is just around the corner, many of our readers will be curious about how divorce and taxes interact. We would like to share some of the basics of divorce and taxation with you.
A well-structured divorce takes taxes into account. One of the most common tax issues that come up in divorce is how to structure payments from one ex-spouse to the other. At first glance, alimony and child support seem very similar. After all, they are both payments sent from on ex to the other. However, alimony is very different from child support when taxes are considered.
In most cases, the amount of alimony paid is deductible for the paying spouse and it can lower the paying spouse's tax bill. In tax jargon, alimony is considered an "above the line" deduction, which means you can claim it even if you do not itemize your deductions on your tax return. However, alimony is generally considered to be taxable income for the spouse who receives it. In order to be eligible to claim an alimony deduction, the alimony must be ordered by a written divorce or separation agreement or order.
The IRS has also developed some guidelines for preventing people from using alimony to pay for what is really child support. That is because child support is not deductible on your taxes. Child support does not give the paying spouse a tax deduction and it does not count as taxable income to the receiving spouse.
When writing a divorce agreement, experienced family law attorneys understand how important the tax implications can be. If you have questions about alimony, child support or taxes in a divorce, an experienced family law attorney can help.
Wednesday, March 30, 2011
Supreme Court to decide right to counsel in child support cases
In the past, we have written about the problems many poor parents face when confronted with a contempt hearing for non-payment of child support. Although, jail time is a very possible outcome in these hearings, lawyers are not provided in child support contempt hearings as they are in criminal cases that involve the threat of incarceration. Is there a constitutional right to an attorney in child support contempt hearings? A case addressing this issue is now in the process of being decided in the U.S. Supreme Court.The case in question involves a man who had been jailed for more than one year after he failed to make child support payments. The man stated that he did not have the money to pay his child support. He believes that if he had received a court-mandated attorney then he would have avoided jail time.
Last week, the justices of the Supreme Court heard arguments on whether there is a constitutional right to legal representation during child support enforcement cases involving the possibility of jail time. Currently, the law requires that only individuals involved in criminal court cases be provided with legal representation.
Some justices felt that it is difficult to mandate a blanket ruling to cover thousands of future child support hearings. Justice Anthony Kennedy stated that creating a law that requires court-appointed lawyers during child support cases would completely alter current domestic relations court proceedings.
Attorneys against the right to counsel in child support cases expressed their concerns over requiring states to provide attorneys in child support cases. They argued that requiring states to provide legal representation might deter the states from punishing parents who fail to make child support payments.
Others have stated that there are generally no lawyers present during a child support hearing and that requiring legal representation could disrupt the effectiveness of the proceedings.
Justice Scalia mentioned that he was frustrated with the proposal to require legal representation since it dismissed any other procedures that could satisfy due process and provide both sides with a fair hearing in child support cases.
Now that oral arguments have concluded in this case, the nine Justices of the Supreme Court will make a decision in the matter over the course of the next few months. A formal decision will be released in June.
Source: The New York Times, "Justices Grapple With Issue of Right to Lawyers in Child Support Cases," Adam Liptak, 3/23/2011
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Friday, October 22, 2010
Billionaire Divorce -- $100K a Month in Child Support
Billionaire Divorce -- $100K a Month in Child Support
10/22/2010 10:05 AM PDT by TMZ Staff
Ex-MGM owner Kirk Kerkorian is used to writing big checks, so it may only come with a wince that he has to pay $100,000 a month in child support -- for one kid!
Kerkorian -- who had one of the nastiest and richest divorces ever from ex-wife Lisa Kerkorian -- has been fighting Lisa's bid to drastically increase support for their 12-year-old daughter.
So who woulda thunk? Kirk and Lisa settled ... and TMZ has obtained a copy of the agreement, in which Kirk agreed to double the current monthly support, which had previously been set at $50,000.
Child support king Michael Trope managed to squeeze out an additional $10,250,000 in retroactive child support for his client, dating back to 2002.
As part of the deal, Lisa agreed to drop a civil suit she filed against Kirk -- which could have been worth tens of millions of dollars.
And here's the most incredible part -- Kirk may not even be the biological daddy.
10/22/2010 10:05 AM PDT by TMZ Staff
Ex-MGM owner Kirk Kerkorian is used to writing big checks, so it may only come with a wince that he has to pay $100,000 a month in child support -- for one kid!
Kerkorian -- who had one of the nastiest and richest divorces ever from ex-wife Lisa Kerkorian -- has been fighting Lisa's bid to drastically increase support for their 12-year-old daughter.
So who woulda thunk? Kirk and Lisa settled ... and TMZ has obtained a copy of the agreement, in which Kirk agreed to double the current monthly support, which had previously been set at $50,000.
Child support king Michael Trope managed to squeeze out an additional $10,250,000 in retroactive child support for his client, dating back to 2002.
As part of the deal, Lisa agreed to drop a civil suit she filed against Kirk -- which could have been worth tens of millions of dollars.
And here's the most incredible part -- Kirk may not even be the biological daddy.
Wednesday, June 30, 2010
Facebook is divorce lawyers' new best friend
Facebook is divorce lawyers' new best friend
Whatever you share online can (and will) be used against you in court
by Leanne Italie
Forgot to de-friend your wife on Facebook while posting vacation shots of your mistress? Her divorce lawyer will be thrilled.
Oversharing on social networks has led to an overabundance of evidence in divorce cases. The American Academy of Matrimonial Lawyers says 81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.
"Oh, I've had some fun ones," said Linda Lea Viken, president-elect of the 1,600-member group. "It's very, very common in my new cases."
Facebook is the unrivaled leader for turning virtual reality into real-life divorce drama, Viken said. Sixty-six percent of the lawyers surveyed cited Facebook foibles as the source of online evidence, she said. MySpace followed with 15 percent, followed by Twitter at 5 percent.
About one in five adults uses Facebook for flirting, according to a 2008 report by the Pew Internet and American Life Project. But it's not just kissy pix with the manstress or mistress that show up as evidence. Think of Dad forcing son to de-friend mom, bolstering her alienation of affection claim against him.
"This sort of evidence has gone from nothing to a large percentage of my cases coming in, and it's pretty darn easy," Viken said. "It's like, 'Are you kidding me?'"
Neither Viken, in Rapid City, S.D., nor other divorce attorneys would besmirch the attorney-client privilege by revealing the identities of clients, but they spoke in broad terms about some of the goofs they've encountered:
— Husband goes on Match.com and declares his single, childless status while seeking primary custody of said nonexistent children.
— Husband denies anger management issues but posts on Facebook in his "write something about yourself" section: "If you have the balls to get in my face, I'll kick your ass into submission."
— Father seeks custody of the kids, claiming (among other things) that his ex-wife never attends the events of their young ones. Subpoenaed evidence from the gaming site World of Warcraft tracks her there with her boyfriend at the precise time she was supposed to be out with the children. Mom loves Facebook's Farmville, too, at all the wrong times.
— Mom denies in court that she smokes marijuana but posts partying, pot-smoking photos of herself on Facebook.
The disconnect between real life and online is hardly unique to partners de-coupling in the United States. A DIY divorce site in the United Kingdom, Divorce-Online, reported the word "Facebook" appeared late last year in about one in five of the petitions it was handling. (The company's caseload now amounts to about 7,000.)
Divorce attorneys Ken and Leslie Matthews, a husband and wife team in Denver, Colo., don't see quite as many online gems. They estimated 1 in 10 of their cases involves such evidence, compared to a rare case or no cases at all in each of the last three years. Regardless, it's powerful evidence to plunk down before a judge, they said.
"You're finding information that you just never get in the normal discovery process — ever," Leslie Matthews said. "People are just blabbing things all over Facebook. People don't yet quite connect what they're saying in their divorce cases is completely different from what they're saying on Facebook. It doesn't even occur to them that they'd be found out."
Social networks are also ripe for divorce-related hate and smear campaigns among battling spousal camps, sometimes spawning legal cases of their own.
"It's all pretty good evidence," Viken said. "You can't really fake a page off of Facebook. The judges don't really have any problems letting it in."
The attorneys offer these tips for making sure your out-loud personal life online doesn't wind up in divorce court:
What you say can and will be held against you
If you plan on lying under oath, don't load up social networks with evidence to the contrary.
"We tell our clients when they come in, 'I want to see your Facebook page. I want you to remember that the judge can read that stuff so never write anything you don't want the judge to hear,'" Viken said.
Beware your frenemies
Going through a divorce is about as emotional as it gets for many couples. The desire to talk trash is great, but so is the pull for friends to take sides.
"They think these people can help get them through it," said Marlene Eskind Moses, a family law expert in Nashville, Tenn., and current president of the elite academy of divorce attorneys. "It's the worst possible time to share your feelings online."
A picture may be worth ... big bucks
Grown-ups on a good day should know better than to post boozy, carousing or sexually explicit photos of themselves online, but in the middle of a contentious divorce? Ken Matthews recalls photos of a client's partially naked estranged wife alongside pictures of their kids on Facebook.
"He was hearing bizarre stories from his kids. Guys around the house all the time. Men running in and out. And there were these pictures," Matthews said.
Privacy, privacy, privacy
They're called privacy settings for a reason. Find them. Get to know them. Use them. Keep up when Facebook decides to change them.
Viken tells a familiar story: A client accused her spouse of adultery and he denied it in court. "The guy testified he didn't have a relationship with this woman. They were just friends. The girlfriend hadn't put security on her page and there they were. 'Gee judge, who lied to you?'"
Whatever you share online can (and will) be used against you in court
by Leanne Italie
Forgot to de-friend your wife on Facebook while posting vacation shots of your mistress? Her divorce lawyer will be thrilled.
Oversharing on social networks has led to an overabundance of evidence in divorce cases. The American Academy of Matrimonial Lawyers says 81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.
"Oh, I've had some fun ones," said Linda Lea Viken, president-elect of the 1,600-member group. "It's very, very common in my new cases."
Facebook is the unrivaled leader for turning virtual reality into real-life divorce drama, Viken said. Sixty-six percent of the lawyers surveyed cited Facebook foibles as the source of online evidence, she said. MySpace followed with 15 percent, followed by Twitter at 5 percent.
About one in five adults uses Facebook for flirting, according to a 2008 report by the Pew Internet and American Life Project. But it's not just kissy pix with the manstress or mistress that show up as evidence. Think of Dad forcing son to de-friend mom, bolstering her alienation of affection claim against him.
"This sort of evidence has gone from nothing to a large percentage of my cases coming in, and it's pretty darn easy," Viken said. "It's like, 'Are you kidding me?'"
Neither Viken, in Rapid City, S.D., nor other divorce attorneys would besmirch the attorney-client privilege by revealing the identities of clients, but they spoke in broad terms about some of the goofs they've encountered:
— Husband goes on Match.com and declares his single, childless status while seeking primary custody of said nonexistent children.
— Husband denies anger management issues but posts on Facebook in his "write something about yourself" section: "If you have the balls to get in my face, I'll kick your ass into submission."
— Father seeks custody of the kids, claiming (among other things) that his ex-wife never attends the events of their young ones. Subpoenaed evidence from the gaming site World of Warcraft tracks her there with her boyfriend at the precise time she was supposed to be out with the children. Mom loves Facebook's Farmville, too, at all the wrong times.
— Mom denies in court that she smokes marijuana but posts partying, pot-smoking photos of herself on Facebook.
The disconnect between real life and online is hardly unique to partners de-coupling in the United States. A DIY divorce site in the United Kingdom, Divorce-Online, reported the word "Facebook" appeared late last year in about one in five of the petitions it was handling. (The company's caseload now amounts to about 7,000.)
Divorce attorneys Ken and Leslie Matthews, a husband and wife team in Denver, Colo., don't see quite as many online gems. They estimated 1 in 10 of their cases involves such evidence, compared to a rare case or no cases at all in each of the last three years. Regardless, it's powerful evidence to plunk down before a judge, they said.
"You're finding information that you just never get in the normal discovery process — ever," Leslie Matthews said. "People are just blabbing things all over Facebook. People don't yet quite connect what they're saying in their divorce cases is completely different from what they're saying on Facebook. It doesn't even occur to them that they'd be found out."
Social networks are also ripe for divorce-related hate and smear campaigns among battling spousal camps, sometimes spawning legal cases of their own.
"It's all pretty good evidence," Viken said. "You can't really fake a page off of Facebook. The judges don't really have any problems letting it in."
The attorneys offer these tips for making sure your out-loud personal life online doesn't wind up in divorce court:
What you say can and will be held against you
If you plan on lying under oath, don't load up social networks with evidence to the contrary.
"We tell our clients when they come in, 'I want to see your Facebook page. I want you to remember that the judge can read that stuff so never write anything you don't want the judge to hear,'" Viken said.
Beware your frenemies
Going through a divorce is about as emotional as it gets for many couples. The desire to talk trash is great, but so is the pull for friends to take sides.
"They think these people can help get them through it," said Marlene Eskind Moses, a family law expert in Nashville, Tenn., and current president of the elite academy of divorce attorneys. "It's the worst possible time to share your feelings online."
A picture may be worth ... big bucks
Grown-ups on a good day should know better than to post boozy, carousing or sexually explicit photos of themselves online, but in the middle of a contentious divorce? Ken Matthews recalls photos of a client's partially naked estranged wife alongside pictures of their kids on Facebook.
"He was hearing bizarre stories from his kids. Guys around the house all the time. Men running in and out. And there were these pictures," Matthews said.
Privacy, privacy, privacy
They're called privacy settings for a reason. Find them. Get to know them. Use them. Keep up when Facebook decides to change them.
Viken tells a familiar story: A client accused her spouse of adultery and he denied it in court. "The guy testified he didn't have a relationship with this woman. They were just friends. The girlfriend hadn't put security on her page and there they were. 'Gee judge, who lied to you?'"
Sunday, June 20, 2010
Mr. Moms become more common
Mr. Moms become more common
By Lauren Russell, CNN
June 20, 2010 7:48 a.m. EDT
Atlanta, Georgia (CNN) -- Atlanta radio personality Jimmy Baron describes the events that left him unemployed as a perfect storm. In 2006, the radio station where he had worked for 13 years was bought and the new owner cut his pay by 60 percent.
He quit and began looking for work. A few offers came in, but not what he was looking for. Then, the nation's economy tanked, and -- for the next three years -- all the offers dried up.
Baron describes that period as horrendous, emasculating, one of the worst of his life.
Finally, late last year, he got the offer he was looking for as a morning DJ at a classic rock station in Atlanta. But on his first day back in the workforce, he realized there was a downside to the new job -- he hadn't been in the house when his son woke up, and he missed his old role of Mr. Mom.
While unemployed, Baron and his wife, who worked from home, had been equal caregivers.
"You get to know a child on a completely different level," he said about the hours he spent each day with 3-year-old Micah.
As women's pay has approached -- and sometimes exceeded -- that of men, Mr. Moms lounging at the playground are becoming more common.
Fathers are the primary caregivers for about a quarter of the nation's 11.2 million preschoolers whose mothers work, according to the U.S. Census Bureau.
The Bureau of Labor Statistics reports that 8.6 million men were unemployed in May, 34 percent more than the 6.4 million women. The Great Depression was the last time men's unemployment figures were that much higher than those for women, said Stephanie Coontz, the director of research and public education for the Council on Contemporary Families. The Chicago, Illinois-based organization describes itself as a nonprofit, nonpartisan organization dedicated to providing the press and public with the latest research and best-practice findings about American families.
And during the 1930s, when housework was considered women's work by many, even unemployed men tended to be less involved in homemaking and child care, she said.
But early data suggest that men aren't rejecting homemaking at the same rates in this downturn, she said.
And some men are leaving the work force by choice. An estimated 158,000 married fathers with children younger than 15 left the labor force for at least a year to care for their family while their wives went to work, according to a Census Bureau report based on data from last year.
But a father being at home more -- whether by choice or, like Baron, because he has no alternative -- can be a hard thing for the man as well as the outside world to accept. Neighbors wonder when the man will quit babysitting and get a real job, and teachers still address childrearing concerns to the woman, Coontz said. Finally, women tend to have a hard time viewing their husbands as equals and not just assistants in the home, she said.
"It's because we have had, for 150 years, emphasis on men as experts, as breadwinners, and women as experts on nurturing," Coontz said.
During his three years off the job, Baron said, he found it difficult to answer the inevitable question, "So, what do you do?" in social situations. He also found it difficult to get used to being the only man when he and Micah joined his friends at at the pool or park.
During one of those long afternoons, he vowed that he would help other Mr. Moms when he returned to a job. Recently, he launched monthly "Dads between Gigs" get-togethers for care-giving dads and their children.
"Regardless of how dads end up in the situation of being caregiver, whether they choose it or not, it's still kind of a mom's world taking care of kids all day," Baron said. The events are a good way for men to get their needed guy time, he said.
Coontz said that a father becoming more involved with his children is a positive thing for everyone involved.
"Boys are more empathetic, and girls grow up more confident in their ability to tackle nonstereotype fields, like math or science," Coontz said about children with involved dads.
The best family dynamics develop when a wife and husband share the roles of caregiver and breadwinner, Coontz said. Partners who share responsibilities tend to have more stable marriages than do parents who play exclusive roles, she said.
It's healthy for both partners to have a life in and out of the house, and it's good for the children to see that as well, she said.
Coontz said men may want to consider another incentive in deciding whether to lend a hand with the laundry: Women tend to feel more intimate when their partners are involved with childcare and housework.
By Lauren Russell, CNN
June 20, 2010 7:48 a.m. EDT
Atlanta, Georgia (CNN) -- Atlanta radio personality Jimmy Baron describes the events that left him unemployed as a perfect storm. In 2006, the radio station where he had worked for 13 years was bought and the new owner cut his pay by 60 percent.
He quit and began looking for work. A few offers came in, but not what he was looking for. Then, the nation's economy tanked, and -- for the next three years -- all the offers dried up.
Baron describes that period as horrendous, emasculating, one of the worst of his life.
Finally, late last year, he got the offer he was looking for as a morning DJ at a classic rock station in Atlanta. But on his first day back in the workforce, he realized there was a downside to the new job -- he hadn't been in the house when his son woke up, and he missed his old role of Mr. Mom.
While unemployed, Baron and his wife, who worked from home, had been equal caregivers.
"You get to know a child on a completely different level," he said about the hours he spent each day with 3-year-old Micah.
As women's pay has approached -- and sometimes exceeded -- that of men, Mr. Moms lounging at the playground are becoming more common.
Fathers are the primary caregivers for about a quarter of the nation's 11.2 million preschoolers whose mothers work, according to the U.S. Census Bureau.
The Bureau of Labor Statistics reports that 8.6 million men were unemployed in May, 34 percent more than the 6.4 million women. The Great Depression was the last time men's unemployment figures were that much higher than those for women, said Stephanie Coontz, the director of research and public education for the Council on Contemporary Families. The Chicago, Illinois-based organization describes itself as a nonprofit, nonpartisan organization dedicated to providing the press and public with the latest research and best-practice findings about American families.
And during the 1930s, when housework was considered women's work by many, even unemployed men tended to be less involved in homemaking and child care, she said.
But early data suggest that men aren't rejecting homemaking at the same rates in this downturn, she said.
And some men are leaving the work force by choice. An estimated 158,000 married fathers with children younger than 15 left the labor force for at least a year to care for their family while their wives went to work, according to a Census Bureau report based on data from last year.
But a father being at home more -- whether by choice or, like Baron, because he has no alternative -- can be a hard thing for the man as well as the outside world to accept. Neighbors wonder when the man will quit babysitting and get a real job, and teachers still address childrearing concerns to the woman, Coontz said. Finally, women tend to have a hard time viewing their husbands as equals and not just assistants in the home, she said.
"It's because we have had, for 150 years, emphasis on men as experts, as breadwinners, and women as experts on nurturing," Coontz said.
During his three years off the job, Baron said, he found it difficult to answer the inevitable question, "So, what do you do?" in social situations. He also found it difficult to get used to being the only man when he and Micah joined his friends at at the pool or park.
During one of those long afternoons, he vowed that he would help other Mr. Moms when he returned to a job. Recently, he launched monthly "Dads between Gigs" get-togethers for care-giving dads and their children.
"Regardless of how dads end up in the situation of being caregiver, whether they choose it or not, it's still kind of a mom's world taking care of kids all day," Baron said. The events are a good way for men to get their needed guy time, he said.
Coontz said that a father becoming more involved with his children is a positive thing for everyone involved.
"Boys are more empathetic, and girls grow up more confident in their ability to tackle nonstereotype fields, like math or science," Coontz said about children with involved dads.
The best family dynamics develop when a wife and husband share the roles of caregiver and breadwinner, Coontz said. Partners who share responsibilities tend to have more stable marriages than do parents who play exclusive roles, she said.
It's healthy for both partners to have a life in and out of the house, and it's good for the children to see that as well, she said.
Coontz said men may want to consider another incentive in deciding whether to lend a hand with the laundry: Women tend to feel more intimate when their partners are involved with childcare and housework.
Thursday, April 8, 2010
10 tips for fathers going through a divorce
Tip #10. Get a memory
Memory is a way of holding onto the things you love, the things you are, the things you never want to lose. ~From the television show The Wonder Years
I can't tell you how many men who are in my office for divorce consultations who look like a deer caught in headlights when I ask them their date of marriage or their children's birthdates. At the risk of stereotyping, women tend to be much better at knowing this information off the top of their heads. They know their children's birthdays, their social security numbers, teacher's names, principal's name, daycare worker's name, the pediatrician's name...you get the point.
Men, for some reason tend not to know this information. Referring to your son's teacher as "the cute blonde" will not win you any points in court. How do you expect to win primary or joint custody if you do not learn and retain this valuable information? Do you know your child's favorite toy, or did you always let your wife pack the to go bag? Do you know your children's favorite foods or the only way to stop your 2 year old from crying incessantly in the car is to give her Apple Cinnamon Cheerios? An involved dad knows these things.
Keep a journal if you have to of important dates, events and tidbits about your children. This will help you refresh your recollection later if you have to testify in court.
Thursday, March 4, 2010
Facebook, MySpace and Twitter Evidence in Custody Battles and Divorce
In this new age of technology, watch what you put on the web. Did you friend your soon-to-be ex wife's aunt and forget about it because she never posts? If so, then you can be guaranteed she will be gleefully printing pictures and posts on your page and handing them to her attorney for evidence against you. Did you playfully suggest on Facebook that you want to "leave the kids at home and get smashed tonight?" Then, be prepared for it to turn up as Exhibit A at your trial.
Edwards & Associates recently won custody for a father at trial. Included as primary exhibits were her Facebook and Myspace pages. Of particular interest were several scantily clad pictures of the young mother of 4, and posting of her announcing that she "goes to the club too much" and that she "was drinking IN THE CAR on the way to the club." She turned bright red and said that was her personal business. The Court did not agree and stripped her of custody and ordered her to pay child support. Here is a great recent article printed in the AJC.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Facebook a treasure trove for divorce lawyers
By Larry Hartstein
The Atlanta Journal-Constitution
9:55 a.m. Thursday, February 11, 2010
As if divorce lawyers needed more ammunition.
In a new survey, 81 percent say they've seen an increase in the use of Facebook and other social networking sites for evidence in divorce cases. Notes to lovers, compromising photos -- Facebook provides a wealth of incriminating information.
"Every client I've seen in the last six months had a Facebook page," said Ken Altshuler, a longtime divorce lawyer from Portland, Maine, who is first vice president of the American Academy of Matrimonial Lawyers. "And the first piece of advice I give them is to terminate their page immediately."
Sixty-six percent of the attorneys surveyed by the AAML called Facebook the unrivaled leader for online divorce evidence, followed by MySpace (15 percent) and Twitter (5 percent).
"Going through a divorce always results in heightened levels of personal scrutiny," said Marlene Eskind Moses of Nashville, the group's president. "If you publicly post any contradictions to previously made statements and promises, an estranged spouse will certainly be one of the first people to notice and make use of that evidence."
Altshuler cited a couple cases in which Facebook proved key:
A woman was getting divorced from her alcoholic husband and seeking custody of their kids. The husband told the judge he had found God and hadn't had a drink in months, but Altshuler found a recent Facebook photo showing him "holding a beer in each hand with a joint in his mouth," the lawyer said.
Then there was the custody case in which his client's ex-wife claimed to be engaged. She was trying to show she'd provide a stable household for the kids.
But the same woman had posted on Facebook that she'd broken up with her abusive boyfriend and "if anybody had a rich friend to let her know," Altshuler said.
The ex-husband's friend gave him the posting; he was still Facebook friends with the ex-wife.
"People don't think about who has access to their Facebook page," Altshuler said. "A good attorney can have a field day with this information."
Friday, May 22, 2009
How To Win A Custody Case
Because of our tremendous success in the field of Georgia Father’s Rights, I am often asked what I do to “win” a difficult custody case.
The reality is, every successful attorney who wins fathers’ rights cases, simply manages the facts and presents the case to the judge. We argue positions that other attorneys are not willing to argue. However, the most important aspect of winning a fathers’ rights case is the client. There is no attorney in the world that can turn bad facts into a good case. If you left your wife, moved to another state, have not seen your children in years, and have not paid any child support in years, you will most likely not get custody.
On the other hand, if you have been involved in your children’s lives, and care more about the children than about hurting their mother, there is no reason for the court to assume that you are less of a candidate for a primary custodian than the mother.
The hardest cases to try are those where the father is as good of a parent as the mother. There is not really anything negative about either parent, and each wants custody. These are also the most difficult cases for judges to hear. How do they decide who should get custody? I attempt to “tell the story” of my client through collateral witness, through the children, through the use of the Guardian ad Litem, through neighbors, school counselors and other professionals who can attest to the benefit the children have had from having an involved father.
Another difficult case is where the father really is a better parent, but it is difficult to prove. The Mother may have been the stay-at-home primary caretaker, but she is not really doing a good job. The children still have all of their arms and legs, but they are not receiving the emotional nurturing and support they need. She feeds them fast food, although she does not work outside of the home. She sleeps all day, and does not keep up the house. Her days are spent sleeping, or attending tennis clinics or spa appointments, and the children are an afterthought. The Mother wants custody, but mostly because she needs the child support. These kinds of cases baffle my clients. They know they are the better parent, but they need help proving it. That is where an experienced attorney can make a difference.
The bottom line is - it really is an uphill battle for Fathers most of the time. I think this can be attributed to Fathers’ rights advocates who talk the talk but do not walk the walk. I recently represented a Mother, where the Father had been trying to reinstate his parenting rights after having been arrested 100 times, driving the 10 year old child around to buy drugs in hotel room, and abandoning the child at a bus stop and calling the mother to pick him up after he had left the child. The “Fathers’ Rights attorney” in his closing argument, eloquently stated how the presumption for fathers should be for joint custody, at which point, everyone in the courtroom rolled their eyes. That particular father was not exactly a cause the attorney should have gotten behind. It destroys credibility in the eyes of the court. Needless to say, that Father is still prohibited from seeing his child.
The only way to “win” a custody case is this: be a good father at all times, even when the mother makes it difficult. Spend quality time with your children. Help them with their homework, take them on educational experiences. Don’t be a Disneyland dad. If you are a good father, then others will see it. That way, when it is time to go to court, you will have no shortage of witnesses to testify about your exemplary parenting skills. That makes my job easier.
The reality is, every successful attorney who wins fathers’ rights cases, simply manages the facts and presents the case to the judge. We argue positions that other attorneys are not willing to argue. However, the most important aspect of winning a fathers’ rights case is the client. There is no attorney in the world that can turn bad facts into a good case. If you left your wife, moved to another state, have not seen your children in years, and have not paid any child support in years, you will most likely not get custody.
On the other hand, if you have been involved in your children’s lives, and care more about the children than about hurting their mother, there is no reason for the court to assume that you are less of a candidate for a primary custodian than the mother.
The hardest cases to try are those where the father is as good of a parent as the mother. There is not really anything negative about either parent, and each wants custody. These are also the most difficult cases for judges to hear. How do they decide who should get custody? I attempt to “tell the story” of my client through collateral witness, through the children, through the use of the Guardian ad Litem, through neighbors, school counselors and other professionals who can attest to the benefit the children have had from having an involved father.
Another difficult case is where the father really is a better parent, but it is difficult to prove. The Mother may have been the stay-at-home primary caretaker, but she is not really doing a good job. The children still have all of their arms and legs, but they are not receiving the emotional nurturing and support they need. She feeds them fast food, although she does not work outside of the home. She sleeps all day, and does not keep up the house. Her days are spent sleeping, or attending tennis clinics or spa appointments, and the children are an afterthought. The Mother wants custody, but mostly because she needs the child support. These kinds of cases baffle my clients. They know they are the better parent, but they need help proving it. That is where an experienced attorney can make a difference.
The bottom line is - it really is an uphill battle for Fathers most of the time. I think this can be attributed to Fathers’ rights advocates who talk the talk but do not walk the walk. I recently represented a Mother, where the Father had been trying to reinstate his parenting rights after having been arrested 100 times, driving the 10 year old child around to buy drugs in hotel room, and abandoning the child at a bus stop and calling the mother to pick him up after he had left the child. The “Fathers’ Rights attorney” in his closing argument, eloquently stated how the presumption for fathers should be for joint custody, at which point, everyone in the courtroom rolled their eyes. That particular father was not exactly a cause the attorney should have gotten behind. It destroys credibility in the eyes of the court. Needless to say, that Father is still prohibited from seeing his child.
The only way to “win” a custody case is this: be a good father at all times, even when the mother makes it difficult. Spend quality time with your children. Help them with their homework, take them on educational experiences. Don’t be a Disneyland dad. If you are a good father, then others will see it. That way, when it is time to go to court, you will have no shortage of witnesses to testify about your exemplary parenting skills. That makes my job easier.
Tuesday, May 6, 2008
Wife and teen groom denied custody of child
Wife and teen groom denied custody of child
Details of settlement not made public
The Atlanta Journal-Constitution
Published on: 05/05/08
Lisa Clark Gonzalez's bid to gain custody of the baby she had with her teenage boyfriend was settled Tuesday, but details weren't immediately available."They did not get custody, but they are pleased with today's developments," said Jan Young, Lisa Gonzalez' publicist.Attorneys for Gonzalez and Angela Perkins, Gonzalez' one-time friend and co-worker who has custody of the boy, reached a temporary decision on custody prior to a scheduled hearing at the Douglas County Courthouse. The lawyers will continue to negotiate the rights of both sides and the child.Young said the Gonzalezes did not have more comment on the advice of their attorney.
Citing the same instructions, Perkins also declined comment; her attorney, Andrea Molodovan, did not return two phone calls seeking comment."We would appreciate having some privacy for the family," said the attorney, Kim Dymecki, who declined to provide any further details of the agreement, which will be filed with the Superior Court in Douglas County.Tuesday morning, after Dymecki, Moldovan and Christy Draper, an attorney assigned to represent the boy's interests, informed Superior Court Judge Robert J. James of their decision, Dymecki and her clients fled the courthouse with a raft of TV photographers in their wake. Dymecki later described it as a "circus.""We all must remember there is a child at the center of this case," she said.
The case has caught the attention of metro Atlantans since Lisa Clark, then 37, Adrian Gonzalez, then 15 and a friend of her teenage son, got married after she became pregnant. Clark later served time for statutory rape and for helping Gonzalez escape a group home in DeKalb County. She delivered the baby, Skye Cobain Gonzalez, while in jail. After Lisa Conzalez was released from prison in February, she rejoined her husband and they now live with a friend near Gwinnett Place Mall in Duluth. Wife and husband are now 39 and 17, respectively.According to court records, Skye has been living with Perkins, who took care of the child when Gonzalez was in prison. Listing more than 12 reasons in court documents why Lisa and Adrian Gonzalez were unfit parents, Perkins has sought full custody.Dymecki expected an uphill battle. Monday, while saying she hoped for her clients to gain full custody of their son, she said that "at this point, we'll take whatever we can get."
Thursday, March 27, 2008
Custody dispute pits famed producer against Roswell mom
By D.L. BENNETT The Atlanta Journal-Constitution
Published on: 03/26/08
Under the professional name "BT," Brian Transeau has produced Sting and Madonna.
He has scored major motion pictures like "Monster," "Stealth" and "The Fast and the Furious." He's written sound tracks for Tiger Woods PGA Tour 2005 and other video games.
And his reputation for blending technology and rhythm have earned his albums a cult-like following.
But for the past few months, Transeau, 37, has gotten more attention for a bitter family feud with a Roswell woman, Karen Durrett, and her daughter, Ashley Duffy. It centers on the break-up of Transeau and Duffy's long relationship and custody and care of their 3-year-old daughter.
Atlanta has become the latest battleground for a struggle that's already wound its way through courts in Maryland and California.
Transeau failed late Tuesday to convince a Fulton County magistrate judge that Durrett should be kept away from his daughter. But Judge Karen Woodson gave lawyers for both sides a week to work out an order keeping the artist and Durrett apart.
"I'm asking everybody here to stop with all the blogs," Woodson said, "to stop all the e-mails, to have no have discussions at all. Nobody goes on 'Montel.' Nothing."
Transeau claimed Tuesday that he feared for his life from Durrett, a Roswell mother of three. He claimed Durrett had threatened him on the phone and posted disturbing messages on the Internet over the past several months.
Transeau and Weinstock said the artist has reason to fear Durrett because of a past that includes years of battering her children, extensive alcohol and drug abuse.
Durrett said her 27-year-old daughter graduated from Roswell High School before meeting Transeau at a concert and eventually moving to Los Angeles.
She testified that she has reformed her life and is now a church-going suburban mother who is no danger to Transeau.
"I did not make any threats to Mr. Transeau," she said, explaining that any blog postings that seemed threatening were just a mother venting anger and not real threats.
Her lawyer, Jason Coffman, argued Transeau was using his client's past as a smear campaign to settle personal scores, not because she's dangerous.
A California court ordered Transeau and Duffy to share custody last year, testimony showed. But in mid-December, Duffy disappeared with the couple's toddler daughter after a custodial visit in Maryland.
Six weeks later, federal authorities, Transeau and private investigators he had hired found Duffy, their little girl and Durrett in a rented apartment in California, according to testimony. Transeau got his daughter back. Duffy was arrested, and said she spent four days in jail before being released without charges.
The couple continue to spar over custody in Los Angeles. Meanwhile, Transeau moved the battle to Atlanta because Durrett lives in Roswell.
Earliert his month, Transeau filed suit in Fulton County Superior Court against Durrett, accusing her of defamation and interference with custody.
The suit claims Durrett has damaged Transeau's ability to earn a living by waging a withering online attack on him and helping to arrange for Duffy to take his daughter earlier this year.
He claims some job opportunities have dried up because of postings Durrett placed on various blogs calling Transeau an abuser and someone who emotes "darkness and evil."
Tuesday, March 18, 2008
How Much Life Insurance do You Need After Divorce?
How Much Life Insurance Do You Need After Divorce?
(provided by Ann O'Flanagan, Esq.)
Experts believe that a surviving spouse with children needs at least $100,000.00 worth of insurance for every $500.00 of pre-tax income. If you require $3,000.00 a month ($36,000.00 per year) to cover your expenses, your spouse should have $600,000.00 of life insurance. ($3,000.00/500.00 = 6; 6 x 100,000.00 = $600,000.00) of insurance to meet your bills. The surviving souse would invest the $600,000.00 at a conservative interest rate of 6 % which would generate $36,000.00 a year in interest before taxes. Because the surviving spouse and children would be living off the interest, rather than the principal. the income would last forever. Many people feel that $50.000.00 worth of insurance, that's commonly part of, an employee benefit's package. is enough. It is not.Therefore, at the time of divorce, it is imperative that additional insurance be obtained so that, in the event that your spouse dies, and alimony and child support ceases, the surviving spouse and children have sufficient funds to live on.To get life insurance "by telephone or on line" the following sources can be considered:
InsuranceQuote Services 800-972-1104
http://www.iquote.com/
MasterQuote 800-337-5433
http://www.masterquote.com/
QuickQuote 800-867-2404
http://www.quickquote.com/
Quotesmith.com 800-556-9393
http://www.insure.com/
TermQuote 800-444-8376
http://www.termquote.com/
Information provided by: Ann O'Flanagan located at http://www.divorcesource.com/NJ/oflanagan.html
Friday, February 29, 2008
TPO Orders | Domestic Violence
Georgia provides protection for battered spouses through a Temporary Protective Order or TPO. If a woman claims that she has been abused or harrassed, she can go to the courthouse in your count, file a petition, appear immediately before a judge, and obtain an order putting the man out of the house for a few days up to a few weeks. The sheriff will usually serve the order the same day and you are barely given enough time to pack a toothbrush.The court will then set a hearing, which by law, has to be within 30 days. At that hearing, both parties can appear and testify as to what really happened The judge can dismiss the protective order or continue it for up to a year. It is very important that you be represented in a TPO case. At times, the TPO law is abused. At times, people will assert claims of domestic violence to get a “leg up” in a pending divorce or custody battle. If you have been served with a TPO, do not delay. Contact Edwards & Associates today.When She Wants to Leave and Take the Kids
If your partner threatens to leave and take the children, let her know that she can go, but the children are staying. She does not have the right to remove the children from the family home. If she takes the children anyway, you can bring them back. If she leaves and takes the children, you have the right to know where they are. You can ask the court to order her to return the children.Until and unless a court orders otherwise, you have joint legal and physical custody of your children with your spouse under the common law. Anything less than this takes rights away from you.
Many fathers opt for less than joint custody, and in some cases, joint custody may not be in the best interests of the children. But you have the right, if you wish to exercise it, to insist on joint custody from the outset. In cases where the mother is an unfit parent, you can ask the court to award you sole custody.If the mother denies access to the children, you can ask the court to order it. You are entitled to half of the time with your children if you want it. There is nothing in the law that says you are an incompetent parent because you are a father. There is nothing that says the mother can be a better parent than you. The court will tend to keep the status quo, or existing situation, by leaving the children where they are. This is to avoid any more disruption in their lives than the divorce of their parents is already causing. That is why it is important that you set the precedent of equal time from the beginning of your case.
Written by: James J. Goss, a prominent attorney in Maryland
If your wife is threatening to leave and take the children, Contact Edwards & Associates today.
Thursday, February 28, 2008
What you should know as a father:
You have the absolute right to all parenting time ordered by the court.
You are entitled to the visitation ordered by the Court and Georgia law provides a method by which to enforce these rights. If you have been denied visitation, you should contact our attorneys immediately. You must be proactive in protecting your rights. The longer you allow your rights to be violated, the more often she will continue violating your rights. You must exercise your rights and be adamant about protecting the relationship with your children.
You are entitled to pay child support in accordance with the new 2007 child support guidelines.
In many cases, the amount of child support is calculated with inaccurate / outdated information, or relying on the old child support formula, which was devastating to non-custodial parents. The old child support law often led the noncustodial parent to pay more child support than was necessary or required. Georgia law provides a procedure to modify child support. When you apply for child support modification, Georgia law allows you to review the income and assets information of the other parent so that we can determine whether or you are paying the proper amount of support. Not every person is eligible for a modification; speak with one of our attorneys as Edwards & Associates to determine if you are eligible for an adjustment.
You can be awarded custody and you can modify custody and visitation.
Traditionally in Georgia, the mother almost always was awarded custody, absent some serious character deficiency. The father often did not have a prayer of winning custody, even if the children would be better off with him. However, recently the Courts leveling the playing field and will consider the father as the custodial parent, given the right set of facts. Edwards & Associates has obtained custody for hundreds of fathers in various counties throughout Georgia.
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