As we have shared in the past, Pilar has accused Deion's daughter from another relationship of calling her names, going so far as to file a civil lawsuit in response to the perceived threat. When it seemed like the drama had escalated enough, a domestic violence report came out about Deion and Pilar, landing Pilar in jail temporarily with a restraining order against her and her kids in the ordered custody of their father. Things seemed to have settled a bit since then, according to recent reports.
]]> The domestic violence allegation has not stuck to Pilar. But what she likely sees as even better news is that she now has access to her children. ABC News reports that a Texas family judge has approved an agreement made by Deion and Pilar that they will at least temporarily share child custody.Pilar will reportedly have their daughter living with her in a different property than where she and Deion had recently been living together. Deion has been ordered to pay for Pilar's home each month, pay her $10,550 in child support and also pay a significant amount of her legal fees.
ABC News implies that the current custody agreement is only temporary and that the couple will have a full child custody hearing later this month. After the recent domestic violence incident between Deion and Pilar, a court decided that the kids involved in this family law drama needed to go through psychological counseling. It's possible that the court will use information collected through counseling to make an informed decision to serve the best interests of the kids.
We will post an update when there are more developments in this high-drama, high-profile Texas divorce.
Source: ABC News, "Deion Sanders Ordered to Pay Pilar Sanders $10.5K Per Month, $275K Legal Fees," Kevin Dolak, May 16, 2012
]]>With changes in the workforce and the status quo regarding women's salaries, what hasn't changed as drastically is how courts determine who owes what in a divorce. Women are more often earning higher incomes than their husbands these days, meaning that men are the recipients of spousal support and child support payments more frequently.
]]> The stereotype of a divorce settlement in the past and as the public tends to see it in the media is that husbands were the breadwinners with wives who tend to stay at home and care for the children. When marriages like that end in divorce, the men generally would owe their wives and kids monthly support. The tables are turning in more and more real-life divorce settlements.The American Academy of Matrimonial Lawyers reports that more than half of divorce lawyers throughout the country report that they have seen an increase in the number of women paying child support after divorce. Nearly half of the lawyers say they see more women paying alimony to their ex-husbands.
Decisions regarding spousal support and child support aren't, or shouldn't be, about gender. If a prenuptial agreement doesn't exist to guide the settlement in a divorce, then a court should make its decision based on what is fair. If one spouse was reliant on their spouse's income to get by during the marriage, then he or she could be a fair recipient of financial support. It ideally shouldn't matter whether the recipient is a man or a woman. It is called spousal support, not ex-wife support.
Source: Reuters, "Tables have turned in U.S. divorce courts with more women paying their former husbands alimony and child support than ever before, according to U.S. lawyers," Patricia Reaney, May 10, 2012
]]>A previous post shared how a domestic violence incident broke out between the couple late last month. Pilar was taken away from the family's Texas home after Deion claimed that she and her friend physically attacked him in front of their children. That incident has led to an assault charge for Pilar as well as a restraining order requiring her to stay away from her estranged husband.
]]> Despite their pending acrimonious divorce, the couple has lived on the same large Dallas property throughout the contentious legal process. Due to a Texas judge's recent ruling that Pilar stay at least 500 yards away from Deion, that living situation will change.Another change, at least a temporary one, is that a Texas court has given full custody of the couple's children to Deion. The most recent post about this family's drama indicated how the boys supposedly saw the recent domestic violence incident that was instigated by their mother, a point that likely didn't go unnoticed by the judge when making his custody decision.
This custody arrangement is not set in stone but apparently seemed the most reasonable at this point in the judge's eyes. With all of the drama going on between Deion and Pilar, it can be easy for even them as parents to forget that young children are in the middle of this emotional battle. As long as the parents continue to fight each other, it is the legal system's responsibility to look after the best interests of the children.
Source: USA Today, "Restraining order placed on Deion Sanders' wife," May 8, 2012
]]>Recently, a case involving alleged international parental child abduction has arisen in Kansas. The case involves a man and a woman who got married in 1996. The couple eventually divorced.
]]> The couple has three children. After the divorce, the couple's children lived in Kansas with the man, with the woman having visitation rights. Reportedly, this February, the man moved with the children from Kansas to Gaza. Gaza reportedly is where the man is initially from.Under the terms of the couple's divorce decree, the man is allowed to move the children out of the U.S. if the woman gives him permission to do this. The man claims that he told the woman that he was going to move the children to Gaza, that the woman gave permission for him to do this and thus that his moving the children from Kansas to Gaza complied with the couple's divorce decree.
The woman, however, claims that the man deceived her and did not inform her that he was going to move the children to Gaza. Thus, the woman claims that the move was illegal.
Authorities in the U.S. also claim that the move was illegal. Reportedly, Kansas charges of aggravated interference with parental custody and federal charges of fleeing to avoid prosecution have been brought against the man.
According the WVIR-TV article which reported this story, there are many political and legal hurdles that could get in the way of attempts by the woman to get her children back into the U.S. and attempts by the U.S. government to bring the man into custody.
One wonders what will ultimately happen in this case.
Source: WVIR-TV, "US claims father illegally moved kids to Gaza," Roxana Hegeman, May 2, 2012
]]>Though that's a fictional example of an auction, divorce auctions are not fiction for some couples. An owner of an auction house reports that he sees an increase divorce auctions when there is an increase in the divorce rate. Auctioning off property is an alternative way for couples to approach their property division process if other methods aren't working.
]]> Why would a couple put their property up for sale at an auction? There are a few different reasons why some would turn to an auction house to help them with their division of property process:Some might suspect that divorce auctions wouldn't attract many bidders because they would see sadness in the situation or be superstitious. These are the days, however, when people are looking to find a good deal, either for them to keep or for them to buy and sell for profit. And why couldn't a divorce benefit more than a divorcing couple? An auction allows a couple to move on with their lives after divorce and bidders to find great deals on property that still deserves a good home despite its previous owners' split.
Source: Longmont Times-Call, "Some divorcing couples auction everything off and divide the cash," Aimee Heckel, April 28, 2012
]]>Texas and five other states now have laws covering so-called "virtual" or "electronic" visitation rights. Family court judges in Texas can award and regulate virtual meetings as part of child visitation plans when non-custodial parents move away from the areas where their children are living.
]]> Advocates for virtual visitation say that it makes long-distance parenting easier. It helps parents who live far away keep in touch with their children in between the times when they actually have a face-to-face visit. The physically distant parents get to share in the ordinary events in the everyday lives of their children, not only the big special occasions.Critics of virtual visitation say that it gives parents an excuse to move away from their children and some people even use it to spy on their exes. Advocates point to the psychological benefits to the children that virtual visits provide. These are economic times when having a job often means having to live far away from one's family. Virtual visits can bridge that connection gap and still allow a parent to earn money to support his or her child.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>As shared previously, Pilar is putting up a fight with regards to the Texas divorce. She believes that she has been treated unfairly by her husband and during the divorce process. Her disappointment in her treatment since the divorce filing has moved her to sue Deion and his daughter for harming her with words and threats. But now, according to The Associated Press, it is Pilar who allegedly has stepped out of line.
]]> Sources report that Pilar was recently arrested in Texas following an alleged domestic violence incident at the estranged couple's home. Deion and Pilar continue to live on the same property, a setup that might seem financially savvy but also might be setting the famous family up for more tension and acrimony.Pilar allegedly got physical with Deion, an act that Deion claims was witnessed by the couple's children. AP reports that Deion initially posted photos of the kids filling out police reports regarding the incident. He posted other messages on social networking boards about the alleged attack as well but later took them down, likely based on advice from his attorney.
A judge has ordered Pilar to stay away from the family's home for 60 days. Neither she nor Deion is allowed to discuss their pending divorce, though her attorney does suggest that the court will get a more honest picture of Pilar once she's had a chance to present her side of the story.
As usual, we will post an update when there are developments in this high-profile Texas divorce.
Source: Associated Press, "Deion Sanders cited for spat with estranged wife," April 24, 2012
]]>The Supreme Court in Texas is currently pushing for the creation of standardized forms for "do-it-yourself" divorces. This notion has caught some praise, especially from low-income individuals in Texas.
]]> Supporters feel implementation of these forms will help provide access to justice to the state's poorest citizens, as well as decrease the pressure on courts due to pro se litigants.The forms would be found online and would not be associated with a fee of any sort. However, a fee could be attached if and when the forms are approved.
Texas has a large number of individuals who qualify for legal aid and cannot afford to pay their own private attorney. While many Texas lawyers donate a lot of their time to providing free legal assistance, there are still many individuals who are turned away because there are not enough resources available.
While praised by some, the idea of standardized forms for divorce has its opponents, too. Those in the legal community speak out about the difficulties of these forms.
The state bar and family attorneys in Texas express their opposition, questioning whether standardized forms would actually help. They argue that individuals using these forms in a highly complex divorce case may actually end up with more serious legal problems as a direct result of their usage.
The state bar's family law council wants to emphasize that the issue should be the degree of helpfulness these forms bring, not who is for and who is against them. Opponents don't feel drafting a new set of forms will resolve the problems the forms bring, as either way complicated divorce issues should be dealt with by experienced attorneys who keep these individuals from landing themselves with more serious legal problems.
The president of the state bar has currently asked the Supreme Court in Texas to suspend the work being done on this issue and to instead allow the State Bar of Texas to analyze it.
Individuals that are now or in the future dealing with divorce may want to contact an experienced family law attorney in an attempt to avoid issues discussed above when attempting to "do it themselves."
Source: Statesman, "High court, family lawyers debate push for standardized divorce forms," Christina Pena, Apr. 2, 2012
]]>A Texas man was sent to jail when he was unable to live up to the legal requirements of supporting a child who was allegedly his. Jail time and the label of "deadbeat dad" have a significant impact on a person's life, particularly when he has a wife and other children outside who depend on him. But in this Texas man's case, he took a paternity test based on a new law that offered him a chance at redemption.
]]> The new Texas law gives those who have been incarcerated due to failure to pay child support the chance to verify paternity by September. If a paternity test proves that the inmates are not fathers, they will be released. But, there is still one issue that these fathers might want to challenge.A test that sets them free from jail won't necessarily set the men free from the back child support that got them into jail in the first place. In the particular case of the Texas man mentioned in this post, the mother of the child whom turned out not to belong to the defendant independently decided to not require the $50,000 in back support.
The man called that outcome a "miracle," and that's a miracle that not all wrongfully jailed "deadbeats" will be able to count on. Do you think that the law should be amended to free men from having to pay back child support for kids who are not biologically theirs?
Source: CBS DFW, "Man Jailed For Child Support For Baby That Wasn't His," Carol Cavazos, April 12, 2012
]]>When the woman had children she later targeted the body builder for child support due to his paternity. The dispute left the man asking himself whether donating sperm was wise. Even after the court's ruling in his favor the bodybuilder gave his answer: "Never donate sperm."
]]> When the pro athlete met the woman who later sued him for child support, they were involved but not married. Things didn't last between them, but that didn't stop the woman from seeing that her ex could be a good candidate for creating children. She solicited the bodybuilder for a sperm donation and became pregnant with triplets through IVF.California state statutes (which are similar to those in Texas family law) allow women to accept sperm donations without the donor having the right to come back with a paternity lawsuit. The logic behind the ultimate decision in favor of the donor gets rid of the double standard that would have been at play if the donor were not protected by the same stipulation.
Source: The Associated Press, "California court says Texas sperm donor owes no child support," April 12, 2012
]]>According to a USA Today report, couples are doing more than living together before marriage. They are starting families before marriage. This isn't incredibly surprising, since fewer people intend to get married in their lives. But starting a family without marriage doesn't mean that family law issues, especially child custody, shouldn't be discussed as soon as possible.
]]> Even with marriage, a relationship can seem all healthy and happy, but when the happiness ends, it is helpful in the transition of divorce if a couple already has discussed their desires regarding child custody, property division, child support, etc. before spouses are no longer getting along.Without marriage, the issue of child custody could become more of a fight between parents. Courts tend to grant primary custody of a child to the primary caregiver, which is often the mother. Keeping that in mind, a father should take steps to protect himself and his parental rights. A custody fight is the last thing you want to put a child through when his parents split is already changing his world as he knows it.
Making agreements regarding the what ifs of a relationship and family, even (or especially) without marriage, is a wise choice. A child and his well-being are just as valuable without his parents having said "I do." And with regards to the rise in cohabitating without marriage, property is equally valuable with or without marriage. A contract regarding division of property should be made between cohabitating partners.
While people might think that they are saving themselves some sort of hassle by not getting married, they should not avoid the same family law discussions and preparation that protect married couples from the potential end of their union.
Source: USA Today, "More children born to unmarried parents," Sharon Jayson, April 11, 2012
]]>Disputes related to divorces in the U.S. take place in order for details regarding money and child custody to be determined. Things work a bit differently in England and a recent New York Times report highlights some of the lowlights in England's divorce process, making the Texas family law process seem like a walk in the park.
]]> The most recent fight for legalizing no-fault divorce in the U.S. occurred in New York. It was the last state to join the list of no-fault states in 2010. Some in England are fighting that same fight to get rid of fault divorce laws. They believe that having to list detailed reasons for seeking a divorce makes the legal process longer, more humiliating and filled with lies.The classic "irreconcilable differences" reason that so many in the U.S. depend on is not sufficient in England. Those wanting to divorce there have to prove more specific reasons why the marriage won't work. Many of the cases fall under the legal justification of unreasonable behavior.
But what, according to some family law professionals, has been ridiculously argued under that justification? As examples of unreasonable behavior, unhappy spouses have argued that their spouse makes them eat tuna, makes them speak and dress like they are on Star Trek, changes the channel too quickly and other petty, humiliating points.
One man says he was blamed for things during his divorce in England that were untrue because his wife was trying to speed up the process and fulfill the evidence requirement of a fault divorce. In other cases, spouses who are especially emotional and angry will use the fault route to humiliate their estranged spouses.
Those in England who are opposed to getting rid of fault divorce worry that doing so would make divorce too easy, decreasing the value that the country puts on marriage. Those who support no-fault divorces argue that no-fault divorce doesn't make divorce any easier; rather, it just takes away some of the ugliness that can make an already stressful process more stressful.
Source: The New York Times, "Tuna Again? In Fault-Finding England, It's a Cause for Divorce," Sarah Lyall, April 7, 2012
]]>There is one step of that starting over that lots of divorced parties forget about, which can affect them negatively and add stress to a time that should be exciting and promising. For various reasons, among the myriad of ties that need to be cut after a divorce is your car insurance.
]]> For one, it is required by virtually every insurance carrier--no matter what type of policy--for rating and liability reasons. Insurance rates are not simply calculated on your driving history and personal information. A lot of how much you will pay in insurance premiums simply has to do with where you live.With divorce usually comes a change of residence, and along with notifying your insurance company about your change in marital status, you will need to tell them about your new residence. Your rate may change based on the fact that you are no longer married, no longer have multiple policies with the same carrier, or have multiple vehicles insured under the same policy.
Besides being required by insurance companies, it's just a good idea to cut ties financially after a divorce. If you don't remove yourself from an ex-spouse's insurance policy, you will find yourself legally liable and financially responsible for any losses incurred, even after the divorce is legally finalized. If you're listed on an ex-spouses car title, you should take action to remove your name if the car is no longer in your possession.
The assumption is that splitting things up financially will create more costs for both parties. This is not necessarily true. It isn't as costly or frustrating as remaining financially obligated for whatever costs an ex-spouse might incur due to the fault of their own, as well as having an insurance claim outright denied for not notifying the carrier about your change in marital status.
Source: Fox Business, "Divorcing? Break the news to your car insurer, too," Penny Gusner, April 3, 2012
]]>Source: NY Daily News, "Tennessee mom faces jail for baptizing her two children without husband's consent," April 1, 2012
]]>Within this second post of the series, we will share a few more of those warning signs and also address a worrying reality regarding financial lies during divorce. This is an important family law matter to discuss, especially during economically difficult times:
]]>Of course, an ex can display one or some of the above behaviors and not be trying to defraud his spouse in a divorce. But if a divorcing party notes some of these warning signs and feels in her gut that assets are being hidden during the property division process, she should look further into the matter with the help of her divorce attorney and perhaps a financial professional she trusts.
A legal and financial source reports that, tragically, many people who believe that their ex is defrauding them in divorce do not take action. Some supposed victims are too embarrassed to speak up and too afraid or sometimes exhausted to fight for their share of assets. Being the party with the least amount of money can make a person feel powerless, but the right divorce attorney can help restore some of that power and confidence in order to fight for what's fair.
Source: Forbes, "21 Signs That Your Husband May Be Hiding Marital Assets During Your Divorce," Jeff Landers, March 20, 2012
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