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.
Sunday, August 27, 2006
Making Two Homes Harmonious
You and your spouse have separated or the divorce has been finalized. Just because there are now two households doesn't mean that your child should experience two separate and inconsistent lives. You and your ex-spouse (or soon-to-be) may be polar opposites but that doesn't mean that your child cannot experience consistency.
Children do better when there is predictability to their routine. In a best-case scenario, there is inter-home consistency and coordination regarding schedules, expectations, and rules. If uniformity is not a realistic possibility, make sure at a minimum that each separate home is consistent within itself.
Areas to create routine, ritual and consistency include:
1. Bedtime
2. Mealtime
3. Medication time
4. Bathtime
5. TV and internet rules
6. Homework rules
7. Methods of discipline
Many times parents express a hesitancy to enforce rules because they feel guilty about the effects of the divorce on their child. However, consistency helps a child understand that things will remain the same despite the parents no longer being in one household. However, always be on the lookout for the signs and symptoms that signal a child needs help dealing with the divorce and seek help if needed.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations and laws may require a material variance in the applicable advice.
Children do better when there is predictability to their routine. In a best-case scenario, there is inter-home consistency and coordination regarding schedules, expectations, and rules. If uniformity is not a realistic possibility, make sure at a minimum that each separate home is consistent within itself.
Areas to create routine, ritual and consistency include:
1. Bedtime
2. Mealtime
3. Medication time
4. Bathtime
5. TV and internet rules
6. Homework rules
7. Methods of discipline
Many times parents express a hesitancy to enforce rules because they feel guilty about the effects of the divorce on their child. However, consistency helps a child understand that things will remain the same despite the parents no longer being in one household. However, always be on the lookout for the signs and symptoms that signal a child needs help dealing with the divorce and seek help if needed.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations and laws may require a material variance in the applicable advice.
Tuesday, August 22, 2006
How to Talk to Your Child About Divorce
I recently discovered a good article that addresses speaking to your child (or children) about divorce. Please click here for the article on talking to child about this subject.
Thursday, August 10, 2006
Money Doesn't Equate to Happiness
Many states have enacted post-secondary education provisions requiring divorced parents to pay for a portion of their children's post-high school education so long as certain conditions are met. While many parents want their children to pursue degrees that result in high starting salaries (MSN just reported that chemical, electrical and computer engineers are ranked first in starting salaries for a 4-year degree program), children and parents have to realize that starting salaries don't tell the whole story.
Career satisfaction is key. If your child likes what s/he spends the day doing, they are more likely to succeed and advance at their jobs. This could lead to faster advancement in their career even if starting salary is low. Conversely, if they pursue a major and a career track solely for the money, they may be headed for trouble.
While both parents should have some involvement in their child's post-secondary education degree choices, they should also realize that focusing only on "big money" may, in the end be counter productive. Besides, most successful people often do not work in the field they studied.
Career satisfaction is key. If your child likes what s/he spends the day doing, they are more likely to succeed and advance at their jobs. This could lead to faster advancement in their career even if starting salary is low. Conversely, if they pursue a major and a career track solely for the money, they may be headed for trouble.
While both parents should have some involvement in their child's post-secondary education degree choices, they should also realize that focusing only on "big money" may, in the end be counter productive. Besides, most successful people often do not work in the field they studied.
Sunday, August 06, 2006
How to Choose the Best Lawyer for You
If you are like most, before purchasing a home you probably followed these traditions: spoke to your realtor or others regarding the home's neighborhood, checked out the district's school system, looked at other homes as a comparison, and compared prices of other homes to make sure you are getting the best possible deal. When you go through a divorce or any family law situation it is equally important to surround yourself with individuals who offer the services you need.
Some of the most common ways to get the name of a family law attorney is to speak to your friends, therapist/counselor, and clergy. Another common way is through another attorney. If you already have a business lawyer or a lawyer who drew up your Will, you may want to ask his/her for a recommendation. Your local bar association might also have names of attorneys who do family law work. Some lawyers are certified in specific areas or are members of a particular Bar Association's practice area (for example, "Family Law"). Take advantage of lawyers who provide a consultation at a low fee or for free and you might find one that meets your criteria.
When you meet with the attorney you should be told briefly how the laws in your state work and what that will mean for your own case. Can the attorney tell you if your court system is backlogged or whether there are specific judges assigned to handle family law matters? If so, this might give you insight to how quickly your case will be decided. A lawyer who knows the judges and their individual biases and personalities may also give you some insight to get ahead of the game. For example, some judges may have a bias against spouses who have extramarital affairs and may perceive the other spouse as a victim automatically awarding him/her custody or more property. A savvy attorney who has been around may be able to maneuver around issues more than someone new to the field or area.
During the first consultation, the lawyer should explain his/her fees. Does she require a retainer (a common practice) or does he bill monthly? Whatever the arrangement, determine the details now and make sure they are included in the fee agreement.
Look at legal styles. There are many different legal styles as there are attorneys. Some attorneys are tough and aggressive and give you an immediate feeling of confidence or dislike, depending on your perspective. Others seem too nice or soft-spoken. You need to choose a legal style that makes you comfortable and empowered and is on your wavelength.
After you have decided who will represent you, a reputable lawyer will send you his or his written fee agreement and give you time to ask questions and sign it. If a lawyer demands that you retain him/her without giving you a chance to think it over, look for another lawyer.
The upshot is you should retain counsel that shares your goals and will work well with your personality.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations and laws may require a material variance in the applicable advice.
Some of the most common ways to get the name of a family law attorney is to speak to your friends, therapist/counselor, and clergy. Another common way is through another attorney. If you already have a business lawyer or a lawyer who drew up your Will, you may want to ask his/her for a recommendation. Your local bar association might also have names of attorneys who do family law work. Some lawyers are certified in specific areas or are members of a particular Bar Association's practice area (for example, "Family Law"). Take advantage of lawyers who provide a consultation at a low fee or for free and you might find one that meets your criteria.
When you meet with the attorney you should be told briefly how the laws in your state work and what that will mean for your own case. Can the attorney tell you if your court system is backlogged or whether there are specific judges assigned to handle family law matters? If so, this might give you insight to how quickly your case will be decided. A lawyer who knows the judges and their individual biases and personalities may also give you some insight to get ahead of the game. For example, some judges may have a bias against spouses who have extramarital affairs and may perceive the other spouse as a victim automatically awarding him/her custody or more property. A savvy attorney who has been around may be able to maneuver around issues more than someone new to the field or area.
During the first consultation, the lawyer should explain his/her fees. Does she require a retainer (a common practice) or does he bill monthly? Whatever the arrangement, determine the details now and make sure they are included in the fee agreement.
Look at legal styles. There are many different legal styles as there are attorneys. Some attorneys are tough and aggressive and give you an immediate feeling of confidence or dislike, depending on your perspective. Others seem too nice or soft-spoken. You need to choose a legal style that makes you comfortable and empowered and is on your wavelength.
After you have decided who will represent you, a reputable lawyer will send you his or his written fee agreement and give you time to ask questions and sign it. If a lawyer demands that you retain him/her without giving you a chance to think it over, look for another lawyer.
The upshot is you should retain counsel that shares your goals and will work well with your personality.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations and laws may require a material variance in the applicable advice.
Friday, July 28, 2006
Impact of Significant Others in Custody Battles
The Iowa Court of Appeals' recent decision in Moraine v. Fogwell, published July 26, 2006, demonstrates the impact that a custodial parent's relationship with a significant other can have on a custody determination.
Both parents in Moraine v. Fogwell sought physical custody of three year-old Abigail. Both had comparable educations and full-time employment. The mother also worked a part-time job in addition to her full-time employment and was attending the local area community college to advance her education.
The father resided with his grandmother for most of his life and, at the time of trial, the mother resided with her boyfriend Justin. Justin was still married (albeit, in the middle of a divorce) but had committed acts which weighed in on the court's decision. These include pleading guilty to fraud charges, failing drug tests, failing to comply with terms of his probation, and commiting domestic abuse during an argument with his wife.
The Iowa court's consideration is always the child's best interest. The court concluded that although Abigail had a significant bond with both parents, the custody evaluator's recommendation that Abigail be placed with her father coupled with the above-noted facts and the father's demonstrated commitment to his daughter (he attended parenting classes and improved communication with Abigail's mother)supported the trial court's award of physical custody of the father.
The lesson to be learned: be careful of who you date and follow your attorney's recommendations to strengthen your case.
Both parents in Moraine v. Fogwell sought physical custody of three year-old Abigail. Both had comparable educations and full-time employment. The mother also worked a part-time job in addition to her full-time employment and was attending the local area community college to advance her education.
The father resided with his grandmother for most of his life and, at the time of trial, the mother resided with her boyfriend Justin. Justin was still married (albeit, in the middle of a divorce) but had committed acts which weighed in on the court's decision. These include pleading guilty to fraud charges, failing drug tests, failing to comply with terms of his probation, and commiting domestic abuse during an argument with his wife.
The Iowa court's consideration is always the child's best interest. The court concluded that although Abigail had a significant bond with both parents, the custody evaluator's recommendation that Abigail be placed with her father coupled with the above-noted facts and the father's demonstrated commitment to his daughter (he attended parenting classes and improved communication with Abigail's mother)supported the trial court's award of physical custody of the father.
The lesson to be learned: be careful of who you date and follow your attorney's recommendations to strengthen your case.
Sunday, July 23, 2006
Child Custody--Mine, Yours (Ours)
Custody and visitation are fighting words. While lawyers and judges are now casting aside the term "visitation" for the less confrontational term "parenting time" (what parents wants to "visit" their child?), the issues are the same.
Any attorney you hire should emphasize the needs and interests of the children, not the rights of the parents. This includes children as young as infants. Gone are the days when experts and court systems believed that a non-custodial parent should be away from his/her primary care-taker for only a few hours. The antiquated approach prevented courts from allowing a father (or mother) to spend overnights with young children essentially stating that a father's rights were less important than the child's need for an undisturbed bonding experience with Mom. Luckily, Iowa Courts have re-evaluated this position and are more apt to entertain requests for joint physical custody.
"Custody" consists of both legal and physical custody. Generally speaking, "legal custody" refers to major decision making such as medical, educational and religious matters while physical custody refers to residence and primary parenting responsibilities. Custody can be shared (joint cusotdy) or delegated to one parent (sole custody). Since each family situation is different, custody arrangements differ as well. Therefore, it is important to consult with your attorney to assess your situation from both a practical and legal perspective to determine what custody arrangement is most appropriate for you.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations may require a material variance in the applicable advice.
Any attorney you hire should emphasize the needs and interests of the children, not the rights of the parents. This includes children as young as infants. Gone are the days when experts and court systems believed that a non-custodial parent should be away from his/her primary care-taker for only a few hours. The antiquated approach prevented courts from allowing a father (or mother) to spend overnights with young children essentially stating that a father's rights were less important than the child's need for an undisturbed bonding experience with Mom. Luckily, Iowa Courts have re-evaluated this position and are more apt to entertain requests for joint physical custody.
"Custody" consists of both legal and physical custody. Generally speaking, "legal custody" refers to major decision making such as medical, educational and religious matters while physical custody refers to residence and primary parenting responsibilities. Custody can be shared (joint cusotdy) or delegated to one parent (sole custody). Since each family situation is different, custody arrangements differ as well. Therefore, it is important to consult with your attorney to assess your situation from both a practical and legal perspective to determine what custody arrangement is most appropriate for you.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations may require a material variance in the applicable advice.
Friday, July 21, 2006
Jennifer Jaskolka-Brown Starts Iowa Family Law Blog
Jennifer Jaskolka Brown starts Iowa Family Law Blog
Jennifer Jaskolka-Brown is a shareholder with Sullivan & Ward, P.C., a law firm located in West Des Moines, Iowa. She maintains a general practice which includes an emphasis on family law and litigation.
Jennifer Jaskolka-Brown is a shareholder with Sullivan & Ward, P.C., a law firm located in West Des Moines, Iowa. She maintains a general practice which includes an emphasis on family law and litigation.
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