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New computer program could aid in child support
When a couple makes the decision to divorce, they often assume that they will be able to go their separate ways, and, if they so choose, never see one another again. This is not the case, however, if the spouses have children.
The marriage may come to an end, but parenting lasts forever. It can be difficult, however, for ex-spouses to maintain a successful parenting relationship after the divorce, especially if the separation was acrimonious. Child support, in particular, is a common stumbling block.
Oftentimes, noncustodial parents resent paying child support, especially if they feel they are not involved in the child's life. In other cases, noncustodial parents may resist making payments because they fear the custodial parent is spending the money on personal items, rather than on the child.
A new computer program seeks to smooth over these sticking points by simplifying and clarifying child support accounting. The program, called SupportPay, keeps track of the amounts that noncustodial parents must pay each month and tracks any back payments. If a noncustodial parent misses a payment, he or she receives a polite reminder from the program.
Family therapists criticized for failing to consider divorce
When a couple runs into marital troubles, they often turn to couples' therapy for answers. Often, the therapist works with both spouses to try to find the best way for the couple to move forward with their lives. Rarely, however, does the therapist bring up the possibility of divorce.
This is according to a couple's therapist who recently published an open letter to her colleagues on The Huffington Post. She says that although she considers divorce an acceptable conclusion to couples' therapy, many other therapists do not follow this line of reasoning.
For many couples, divorce is viewed as "failure," and, therefore, it is avoided at all costs. Unfortunately, many therapists enter therapy with the same idea, and thus go to great lengths to avoid the topic. In these cases, divorce becomes the enemy.
According to the author of the open letter, however, couples and therapists shouldn't view divorce in this light. Rather, divorce is one of many options, one that is acceptable and correct under certain circumstances.
Illinois courts have difficulty with child support collection
When a pair of parents get a divorce, they may be able to end the romantic relationship, but their parental responsibilities will continue for the rest of their lives. These responsibilities include visitation, child custody and child support.
Child support, in particular, is often a sticking point between divorced parents. The noncustodial parent may feel as though he or she doesn't have a large enough role in the child's life and, resentfully, refuses to send child support payments.
Parents considering this practice should consider the fact that the child support check is not for the benefit of the custodial parent - it's for the benefit of their child. Furthermore, the child support payments are not a gift that can be rescinded or discontinued. Child support is the child's right, and noncustodial parents are legally bound to make regular payments.
This doesn't always happen, however. Many Illinois parents are having significant trouble obtaining child support payments from noncustodial parents. Though parents have the right to take the other parent to court when this occurs, experts say this doesn't always solve the problem.
Man turns his life around in battle over fathers' rights
The removal of a child from a parent's care is something that is treated very seriously in Illinois courtrooms. Indeed, in courts across the country, judges work slowly and carefully to determine a parent's right to raise a child. If the court deems that the best interests of the child would be better served by permanently severing the parents' parental rights, they do so. In many cases, however, courts are reluctant to do this, as a child's biological parents are viewed as a valuable resource for the child's future.
One particularly difficult issue is whether a father's rights to visitation or child custody, once taken away, should be reinstated. Often, children are removed from a father's care due to issues with domestic violence - courts are understandably reluctant to allow such parents to regain custody of their children.
But what if the father turns his life around? Even then, it can be a difficult road.
Take, for example, a Nebraska father who lost custody of his infant son after he committed domestic violence against his wife. The child was removed from his care in 2011 and sent to a foster home. Since then, the father has taken many steps to improve his future. He has taken GED classes and anger management classes. He has consistently attended Alcoholics Anonymous. He has been to parenting groups and taken parenting classes. He moved away from a roommate who could not pass a background check. He has attended his twice-weekly visitations with his child.
Child custody battle over same-sex couple's child comes to an end
The rise of increasingly advanced reproductive technology, such as artificial insemination, has led to a number of very complicated court cases in recent years. It's a common complaint that the law is slow to catch up with our technology, making it difficult for family law judges and attorneys to make sense of new and highly unique situations. These court cases can often take a great deal of time and effort to resolve.
One such situation came to a close recently after a years-long court battle. The case revolved around a lesbian couple who used an anonymous sperm donor to conceive a child. Unlike most artificial inseminations, however, the woman who would bear the child did not use her own egg - she used her partner's.
As a result, the child was, biologically speaking, the woman's partner's. Before the child was born, the couple signed a joint-parenting agreement that gave each parent certain rights and responsibilities regarding the child's custody, care and visitation.
Delaying a divorce could have serious alimony implications
It's no secret that a divorce can be an unpleasant experience. Battles over child custody and property division can be time-consuming and emotionally taxing. It's only natural that some spouses are reluctant to begin the process.
In some cases, however, spouses simply skip the divorce; they move out and start to live separate lives even though they are still legally married. In some cases, this can go on for years.
It may seem tempting to some couples to sidestep the divorce process, but spouses should know that living in this sort of marital limbo can present risks to both spouses.
In particular, it may affect the amount of spousal maintenance that a non-working spouse may receive. In a normal divorce, a working spouse is often asked to make regular payments, also known as alimony, to the nonworking spouse as a way to ensure his or her financial stability while he or she begins a new, independent life. It can take a great deal of time for a spouse who hasn't worked in a few years to retrain and re-enter the workforce. Alimony is designed to ease that process.
Prenuptial agreements and changing circumstances
When a couple decides to get married, the thought of a prenuptial agreement often comes up at one point or another. In many cases, the idea is quickly dismissed, often by young couples who have few assets over which to fight. Often, however, couples choose to pursue a prenup. This is especially common among people who are on their second marriages and presumably have for more assets that must be accounted for.
Indeed, prenuptial agreements are often an element in a high-asset divorce, a separation in which the couple controls a great deal of assets. Generally speaking, these agreements are a helpful tool for spouses who wish to maintain control of the assets they owned before they entered the marriage, many of which may have strong personal or sentimental value. There are some situations, however, in which a prenuptial agreement may be found invalid.
Like most contracts, a prenuptial agreement cannot be upheld if honoring the document would be "unconscionable." This means the prenup may be ruled invalid if circumstances change for a couple in a way that could not have been foreseen.
Richard Gere to separate from wife of 11 years
Though some say celebrity marriages are prone to divorce, fact is, divorce is fairly common in all parts of society - movie stars and average Joes alike. But when celebrities get divorced, the fallout is often more difficult, due to a number of factors.
First, of course, is the public nature of the split. Media outlets often cover celebrity divorces, which makes it more difficult to keep disputes from growing into arguments. Average couples often like to keep their divorce process private or semi-private. This allows for the divorce to have a minimum effect on their personal lives. Obviously, this is impossible for celebrities.
Money is another key issue in celebrity divorces. For obvious reasons, celebrity divorces are almost always high-asset divorces. These splits can be very complicated, as there is so much property to be evaluated and divided. Managing property division among average high-asset couples can be tricky enough; among celebrities, it can be a nightmare.
These are the issues currently faced by Richard Gere, the lead man of the hit movie "Pretty Woman." He is reportedly seeking a divorce from his wife of 11 years, Carey Lowell.
Child custody battle continues for Baby Veronica
Child custody battles are often the most hotly contested issues in the realm of family law. This stands to reason, of course; it's a decision that will drastically affect the lives of the parents and their children. The court system has processes in place to ensure that these issues are quickly resolved in such a way that best suits the best interests of the child. In some cases, however, unique circumstances can come into play which greatly complicate the situation. Take, for example, the case of Baby Veronica, which is now entering its fourth year.
Baby Veronica is the child of a Cherokee man and a woman of Hispanic descent. In 2009, when the girl was a young baby, her mother gave her up for adoption. She was adopted by a couple from South Carolina. Her father, however, demanded custody of the girl, citing a 1978 law known as the Indian Child Welfare Act. Under this law, Native Americans were exempt from certain practices by which a child could be removed from their custody. The law was intended to help Native Americans maintain their cultural heritage.
Man with 27 kids owes child support
In the state of Illinois, child support is usually awarded based on a set formula according to a percentage of the noncustodial parent's income. Parents of a single child, for example, usually pay 20 percent of their net income in child support. The court usually adheres firmly to this model except in unusual circumstances, such as joint or shared custody of the child.
And usually, the model does a fairly good job of ensuring that children receive the financial support they require. In some extreme cases, however, the payment model can't keep up with the financial obligations of noncustodial parents.
Take, for example, a man from Ohio who recently announced that he is the father of 27 children. The man recently appeared on a highly publicized episode of "Divorce Court," where he stated that he has child support orders for 21 of his children.
The man, a poet and performer by trade, says he is behind on his child support obligations, but he is making payments every week. He also says that he has never tried to escape his financial obligations, but blames his failure to pay in full on the tough economy. He has not disclosed the full amount that he is required to pay, stating that the number was a private matter.
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