I recently ran across an article published by British researcher Cecile Bourreau Dubois that concludes men who stay married invariably end up poorer than those who leave their spouse or live-in partner. Ms. Dubois based her results on interviews with more than 75,000 adults in 11 different European Union countries.
Assuming the woman is awarded custody, the study found that a man's wage will increase ahead of inflation with support payments quickly falling behind. The support payments become less and less consequential because of a man's earning capacity.
What do you think? Do men fare better in a divorce than women?
Saturday, September 30, 2006
Friday, September 22, 2006
College Savings With Less Worry
Many parents intend to contribute toward their child's college education whether court-ordered or not. Last month President Bush signed the Pension Protection Act. Although the law mainly deals with strengthening the financing rules for defined-benefit pension plans, it also quietly eliminated the 2010 sunset provision for tax-free withdrawals from popular Section 529 college tuition savings plans.
Created in 1996, 529 plans allow after-tax income to be invested in state-sponsored plans and to grow free of state and federal taxes so long as the money is used for qualified college expenses. The tax-free character was set to expire in 2010 but worries have been eleviated by recent action.
With the tax risk eliminated, more parents are likley to invest greater sums in 529 plans and may have more options to choose from. Given that many states have a statutory provision permitting either parent to seek post-secondary education contributions for a child subject to a divorce, it may be wise for either or both parents to start investing in a 529 plan or other tax-free education plan early on to avoid a substantial bill when the child reaches age 18.
Created in 1996, 529 plans allow after-tax income to be invested in state-sponsored plans and to grow free of state and federal taxes so long as the money is used for qualified college expenses. The tax-free character was set to expire in 2010 but worries have been eleviated by recent action.
With the tax risk eliminated, more parents are likley to invest greater sums in 529 plans and may have more options to choose from. Given that many states have a statutory provision permitting either parent to seek post-secondary education contributions for a child subject to a divorce, it may be wise for either or both parents to start investing in a 529 plan or other tax-free education plan early on to avoid a substantial bill when the child reaches age 18.
Thursday, September 14, 2006
Grandparent Visitation Gaining Ground
Six years ago the U.S. Supreme Court curbed grandparents' rights in child-visitation disputes stating that it interfered with the parent(s)' right to make decisions for their child. Three recent rulings by state supreme courts suggest that those who go to court seeking more time with their grandchildren are gaining legal reception.
The recent rulings in Pennsylvania, Utah and Colorado in favor of grandparents who sought visitation despite the objections of the child's parent indicate that the courts increasingly are sympthazing with grandparents, especially in the case of a death of a parent or a family tragedy. In the three aforementioned cases, either one or both of the child's parents had died and the child had already established a relationship with his/her grandparents.
Grandparent visitation laws vary state-to-state. Check with a local attorney to see whether your state currently recognizes grandparents' rights.
The recent rulings in Pennsylvania, Utah and Colorado in favor of grandparents who sought visitation despite the objections of the child's parent indicate that the courts increasingly are sympthazing with grandparents, especially in the case of a death of a parent or a family tragedy. In the three aforementioned cases, either one or both of the child's parents had died and the child had already established a relationship with his/her grandparents.
Grandparent visitation laws vary state-to-state. Check with a local attorney to see whether your state currently recognizes grandparents' rights.
Monday, September 04, 2006
Telephones: Misleading Privacy
With recent events surrounding the government's ability to snoop it is not surprising that American's are confused about their privacy rights.
Legal experts say there is enough gray areas and conflicting laws to baffle even the best informed. Two recent events demonstrate this: In December 2005 the NY Times revealed that the National Security Administration was conducting warrantless surveillance of Americans' international phone calls. Second, in May 2006 USA Today reported that several phone carriers had turned over to NSA massive databases of customers' domestic phone records.
Americans' privacy is grounded in the Fourth Amendment and its ban on "unreasonable search and seizure." But subsequent legislation expanded, clarified and made exceptions when it came to telephone conversations. The U.S Supreme Court has since rendered decisions that chip away at an individual's expectation of privacy.
How does this relate to divorce and family law issues? Many states allow one party to a conversation, without the other's knowledge or consent, to record phone conversations. The ability varies from state to state and you should check with your local practitioner to ask whether recordings are legally permitted by your state and admissible as evidence. Thus, it is especially important that you maintain composure and etiquette during phone conversations with your spouse or other litigant.
The bottom line: Bite your tongue.
Legal experts say there is enough gray areas and conflicting laws to baffle even the best informed. Two recent events demonstrate this: In December 2005 the NY Times revealed that the National Security Administration was conducting warrantless surveillance of Americans' international phone calls. Second, in May 2006 USA Today reported that several phone carriers had turned over to NSA massive databases of customers' domestic phone records.
Americans' privacy is grounded in the Fourth Amendment and its ban on "unreasonable search and seizure." But subsequent legislation expanded, clarified and made exceptions when it came to telephone conversations. The U.S Supreme Court has since rendered decisions that chip away at an individual's expectation of privacy.
How does this relate to divorce and family law issues? Many states allow one party to a conversation, without the other's knowledge or consent, to record phone conversations. The ability varies from state to state and you should check with your local practitioner to ask whether recordings are legally permitted by your state and admissible as evidence. Thus, it is especially important that you maintain composure and etiquette during phone conversations with your spouse or other litigant.
The bottom line: Bite your tongue.
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