Many states embrace change in alimony laws

On behalf of Edwards & Associates posted in Divorce on Friday, August 26, 2011

Americans tend to have a general idea about the rate of divorce in the country, but new information gathered by the recent Census allows Americans to view divorce with a new light. According to the new Census information men and women in the South and West have higher divorce rates than men and women in other areas of the country.

According to the latest information, the general divorce rate among men and women in the United States is comparable. Divorces became final for 9.2 of every 1,000 men in the United States, and divorces became final for 9.7 of every 1,000 women. As divorces were broken down according to region the rates began to differ.

Divorces occurred at a higher rate in the South and West. In the South divorces became finalized for men at a rate of 10.2 for every 1,000 and for women at a rate of 11.1 per 1,000. Divorce rates seem to be connected to the rate of marriages in a given region. According to a family demographer at the Census Bureau, divorce rates in the South tend to be higher because marriages rates are also higher in the South. The Northeast had the lowest rate of divorces, but the rate of marriage is also lower in the region.

The report entitled, "Marital Events of Americans: 2009" is the first report to review and analyze marriage, divorce and widowhood among Americans ages 15 and older. The information used in the study was gathered from the 2009 American Community Survey. Prior studies on divorce and marriage in the United States were based on information collected from marriage and divorce certificates filed at the state level.

Source: Reuters, "More untie the knot in South, Northeast divorces least: Census," Molly O'Tolle, Aug. 25, 2011

Fathers' Rights Attorneys

Single fathers successfully lead many households in Georgia

On behalf of Edwards & Associates posted in Fathers' Rights on Thursday, July 14, 2011

Fathers play a crucial role in raising children, and data from the U.S. Census backs that up. Census data showed that Georgia fathers are taking child custody following divorces and legitimation proceedings at an increasing rate. Families led by single fathers shot up 45 percent in the recent census. Those headed up by single mothers took a 35 percent hike in the last decade.

This trend is not unique to Georgia. Since 1990, the number of single dads has shot up from 1.5 million to 2.79 million. This figure does not include the number of gay men that are raising children and cannot officially marry, thus slightly skewing the figure. However, this is also an issue involved with calculating the number of families led by single mothers.

Professionals attribute this trend to the fact that society may be bucking traditional gender roles that state men focus on work and women base their daily lives around raising children. Men are finding themselves capable of becoming the primary caregiver to their children, and not designating that role for a woman.

At the same time, a number are women are discovering that they don't need- or in some cases, necessarily want - to be the sole provider for a child when a marriage disintegrates.

The increase also speaks to the fact that Georgia courts are becoming more open to giving child custody to a man. Experts say that there is little difference between single mothers and fathers as they face similar responsibilities and time constraints.

As the census data demonstrates, the important roles fathers play is becoming increasingly recognized by Georgia courts and society as a whole.

Source: Atlanta Journal-Constitution, "More single dads in charge," Gracie Bonds Staples, 18 June 2011

Terrell Owens sued in Fulton County for child support

On behalf of Edwards & Associates posted in Child Support on Thursday, July 7, 2011

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

Allen Iverson's wife rebounds divorce petition

On behalf of Edwards & Associates posted in Divorce on Thursday, June 23, 2011

When a professional athlete divorces, the divorce can be very complicated and there can be a great deal of money and assets at stake.

For the second time in 16 months, the wife of Allen Iverson has filed for divorce in Fulton County Superior Court. The ex-NBA player, who recently had a run-in with law enforcement officials in Atlanta, left his high-profile NBA position in March near the time of the first divorce petition.

Court papers declare that Tawanna Iverson first approached the courts about dissolving her marriage in March 2010, not long after her husband decided to exit the Philadelphia 76ers for the rest of the season. At the time, Allen Iverson said he had to quit the team in order to care for one his five children, who was ill.

Shortly after Allen Iverson left the 76ers, and around the same time that he had been served the first divorce papers, he was stopped by Atlanta police for a failure to signal traffic violation. Police ran a check on the 2007 Lamborghini and found that Iverson, who owned the car for two years, was still driving with the original dealer tags. Reports say Iverson became agitated and used expletives in his conversation with police.

According to Allen Iverson's lawyer, the first divorce filing, which had cited that the marriage was "irretrievably broken," had been dropped. The attorney chose not to reveal why the petition was withdrawn. Both Iverson's attorney and his wife's lawyer were close-mouthed about the reasons given by Tawanna Iverson for the second petition filing.

The former NBA star has transitioned to playing pro basketball in Turkey in the last few months, although he has let the media know that he is interested in returning to the NBA. It's uncertain whether that desire remains, in light of the new divorce petition.

Source: Atlanta Journal-Constitution, "Allen Iverson's wife re-files for divorce," Alexis Stevens, 6/15/2011

More single dads in charge | ajc.com

Data: Single-father families outpace ones led by single mothers

By Gracie Bonds Staples

The Atlanta Journal-Constitution 

Andy Kuklinski and his son will likely spend this Father’s Day with friends, cooking barbecue and, well, just having fun. Except for time around their apartment complex swimming pool, it will be an otherwise uneventful day. But this 40-year-old Dunwoody dad doesn’t need much these days to be happy.

Ziad Minkara of Kennesaw has had custody of his children — twins Zaka (left) and Zayn, both 12, and Amneh, 14 — for three years. According to recent census data, the number of single-father households in Georgia is on the rise. 



 

Family photo Jabril Mujahid-Alexander, 47, of Tucker— with his son, 5-year-old Ja’Far, and 3-year-old daughter, Halimah, at the Georgia Aquarium — sees challenges and rewards.

Just being with little Yusuf, 5, is more than enough.

In managing the day-to-day care and supervision of his son, Kuklinski recently joined the ranks of an increasing number of metro Atlanta single fathers.

According to new data from the U.S. Census Bureau, the rise in the number of Georgia families led by single fathers in the past decade outpaced the rise in single-mother families for the first time since 1970.

Indeed, among the fastest growing types of households were those that include a father and kids without a wife, which were up some 45 percent, compared to those with a mother and kids but no husband, which showed a 35 percent jump.

Experts say the numbers reflect not only a shift in court and societal attitudes about child-rearing but women for whom motherhood has become less important.

It shows that perhaps more men are able and willing to be primary caretakers — and more women are recognizing that they don’t want to or can’t, and are therefore letting their children go, said Julia McQuillan, a sociology professor at the University of Nebraska-Lincoln.

McQuillan said that society has this notion that work is very important to men and parenting is very important to women, but fatherhood is very important to many men.

“To me, this trend suggests that not only do men say it’s important, they are doing it,” she said.
Matthew Weinshenker, an assistant professor of sociology at Fordham University, said the state trend mirrors what’s happening nationally, where the number of single dads has almost doubled from 1.5 million to 2.79 million since 1990. In addition, those same census figures, he said, show single dads are older than single moms on average and have higher incomes.

Weinshenker noted that what the census cannot detect is that some “single fathers” are gay men raising children with or without a same-sex partner. Estimates of how many are vary widely, he said, “but there is little doubt that increased acceptance of children raised by gay parents is a small but noticeable part of the rise in single fatherhood.”

Whether they are the sole custodial parent like Kuklinski or share custody like Jabril Mujahid-Alexander and Tom Morgan, more men are willing to bring home the bacon, fry it and feed the kids if they have to.
For his part, Kuklinski said he’s been the primary caregiver of his son since January, when he and his wife started divorce proceedings after a decade of marriage. “It’s been the best six months of my life,” he said recently.

Ziad Minkara of Kennesaw became sole caretaker of his children three years ago. He admits the family had to make adjustments.

“When something like this happens, your whole world stops, but you shift gears and go forward with the minimum impact on the daily life of the kids,” Minkara said. “That’s what’s important.”
Minkara, a real estate investor, is the father of 12-year-old twin boys and a 14-year-old daughter.
“Having to juggle everything I do and still be there for them has been hard but rewarding at the same time,” he said.

Until recently, Morgan, 44, of Sandy Springs, also had full custody of his two daughters.
“It was just kind of a hellish period,” he said immediately following the divorce from his wife.
For three years, Morgan said, he and the girls went it alone. When their mother became more stable, he said, they decided to share custody. “She has them half the time, I have them half,” he said. “It’s not easy, but it works.”

Although there are more single fathers than ever, dads say they still get odd stares when people find out they are the primary caregiver.

Jim Higley, who recently won the title of “world’s greatest dad” in a national contest, said he regularly encounters people who seemed puzzled and intrigued by his decision to raise his children alone.

Higley, widely known as the “Bobblehead Dad” from his weekly parenting column in Chicago Tribune’s TribLocal, took over sole parenting responsibilities of his children about five years ago, when he and his wife separated and then divorced.

When he first assumed that role, Higley said he tried to be supermom and superdad.

“It was an impossible task, and I constantly found myself falling short,” he said. “Somewhere along the way, I realized that, in order for me to give my kids what they required, I simply needed to focus on being the parent my kids needed me to be.”

Higley said that once he stopped worrying about how others saw him, he was able to focus on his kids and, depending on their needs, either be soft and nurturing or hard-nosed and firm.

Although not that different from many of the challenges single mothers face, single fatherhood doesn’t come without its struggles.

For instance, Mujahid-Alexander of Tucker, who shares custody with their mother of his 5-year-old son and 3-year-old daughter, said he had to turn down a swimming outing recently for his son because he didn’t believe he could watch both kids at the same time. And Kuklinski said he has had to give up a few dates.

Despite the challenges, they said giving up that place in their children’s lives was unfathomable.

“I grew up in a two-parent home. I have no concept of what it would be like without two parents and I could not see my children growing up like that,” Mujahid-Alexander said. “That wasn’t acceptable.”

Can a long commute hurt your marriage?

On behalf of Edwards & Associates posted in Divorce on Thursday, May 26, 2011

It is bad enough that Atlanta traffic eats up our time, our gas and our patience. But according to a recent study, traffic problems may also be taking their toll on our marriages.

The drive from Gwinnett County to Fulton County is not an experience that many people in the Atlanta area relish. The phrase root canal comes to mind. In fact, Atlanta is known across the country as being a hotbed for traffic jams and congestion. Experienced family law attorneys have heard their clients' many reasons for divorce, but a recent study indicates that all congested roads lead to divorce.

Researchers tracked the commutes and marriages of two million couples in Sweden from 1995 to 2000, and they found that the risk of divorce goes up 40 percent for people who have long commutes. Granted, Georgia does not share that much in common with Sweden. Georgia is hot, and Sweden is not known for its balmy weather. Additionally, long commutes are relatively new to the Swedes, while we have been dealing with them for years. However, the research does have some implications for married couples regardless of where they may live.

The researchers found the rate of divorce increased the most during the first few years of long commute times. By five years, the rate of divorce appeared to level off. The researchers also noted that most of the long commuters were men. This often compelled women to seek jobs closer to home so they could shoulder more of the household responsibilities. It appears that the addition of a commute, like other significant life changes, can add stress to a marriage and lead to divorce.

Source: The Local, "Long commutes 'bad for marriage': Swedish study," Rebecca Martin, 5/24/11

The Dodgers' McCourts go back to divorce court

By Edwards & Associates posted in Property Division on Wednesday, May 25, 2011

The 2011 baseball season has seen its highs and lows for the Atlanta Braves. Although some fans have been upset by the team's inconsistent performance, they can take solace in the fact that the Braves are not facing the same troubles that the Dodgers are facing. Major League Baseball has already assigned a watchdog to the Dodgers to keep an eye on the team's day-to-day financial condition. In the latest chapter in the property division contest over the Dodgers, the former wife of Dodger's owner Frank McCourt wants the baseball franchise to be sold to keep the team from being taken over by the league.

Jamie McCourt, Frank McCourt's former wife, has filed a claim in Judge Scott Gordon's courtroom to force the sale of the Dodgers. The judge in the case is familiar to the McCourts. Last December, while presiding over the couple's divorce proceedings, Judge Gordon threw out a post-nuptial contract the McCourts had signed in 2004 that would have given Frank McCourt full control of the team.

The ex-Mrs. McCourt said the team has been mismanaged since she was fired as a Dodgers' chief executive by her ex-husband. Her goal, according to court papers, is to get the most value for the franchise for everyone involved, including her ex and the fans. A hearing for arguments on the property division issue is set for June 22.

Media reports say the team is having trouble paying the bills and there are rumors of impending bankruptcy, but Frank McCourt says he's got the financial problems solved. McCourt asserts that the team has cut a $3 billion deal with Fox television for game broadcasts that will bring in a team-saving first payment of $300 million.

The rub for McCourt is that the league must approve that television deal before it becomes reality and that's not something MLB Commissioner Bud Selig says he will do anytime soon. Selig says he won't make any decision on the matter until he gets the results of two separate investigations into the Dodgers' finances. 

Source: Thomson Reuters News and Insight, "Jamie McCourt seeks immediate sale of the Dodgers," Mark Lamport-Stokes, 5/19/2011