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  • Archive for November, 2009

    November 28th, 2009

    Paying Child Support? Apparently Less Than 50% of People Are…

    According to a report released by the U.S. Census Bureau, child support is paid in less that half of all cases where it is owed.

    In a difficult economy with more and more people having financial problems, the issue of child support comes to the forefront, as single parents work hard to stay afloat.

    Some noncustodial parents in tough financial straits are seeking reductions in child support as a means of relief, and others simply don’t make payments, all while many single parents below the poverty line depend on child support for nearly half of their income.

    Highlighting the crucial role that child support plays in the lives of separated parents, the U.S. Census Bureau recently released a report detailing the findings of a survey conducted in 2008 that focused on child support and child custody issues among parents.

    According to the report, in 2008 there were 13.7 million parents in the United States who had custody of 21.8 million children under 21, while the other parent lived somewhere else. Of those 13.7 million parents, 7.4 million had a child support agreement or court order in place to receive monetary help from the noncustodial parent who lived somewhere else.

    Mothers with child custody historically have a higher percentage of formal child support terms in place than fathers with custody, and the data from 2008 supports that trend.

    The custodial parent with primary care-giving duties was most often the mother rather than the father, at a rate of about 83 percent.

    The age of custodial mothers has increased since the last survey in 1994, as has the level of education of mothers on the whole. Custodial mothers were also more likely to be caring for more than one child than fathers who had primary custody.

    About one quarter of custodial parents were below the poverty level in 2008. This represents an improvement over figures collected in 1993, but there has not been improvement in the percentage since 2001.

    Employment rates among custodial parents have been rising as well, and rates of public assistance have been falling.

    Of those parents who were under the poverty level, payments from child support represented almost half of that parent’s average income, which indicates that for the most needy, child support was of crucial financial importance.

    In 2008, a total of $34.1 billion in child support was due as per formal agreements and court-ordered terms. Of that amount, only about 63 percent of it was reported as received by the custodial parent, averaging out to about $3,350 per parent who was owed support.

    In 2007, about three-quarters of custodial parents who were owed support received some payment, while a little less than half of those owed received the full amount that they were due. The remaining 30 percent received some of the total amount due to them.

    Monetary payments are not the only type of child support that was provided for custodial parents. Over half of custodial parents received support from the non-custodial parent in the form of noncash support, like groceries, diapers, birthday and holiday gifts, medical expenses, and child care.

    Among mothers, according to the report, one third of those who had custody of their children were never married. Almost half of those mothers were currently single due todivorce or separation. 1.7 percent of the mothers were widowed.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 24th, 2009

    Usher Divorce Follow-up

    Famous R&B singer Usher, formally know as Usher Raymond IV, divorced his wife Tameka after two years of marriage.

    The couple married in Atlanta back in 2007 at a lavish wedding in front of more than 200 guests.

    According to a USA Today article, the marriage didn’t seem to be working out, and Usher filed for divorce on June 12 of this year. He stated he filed because there was, “no reasonable hope of reconciliation,” and the marriage was, “irretrievably broken.”

    Usher stated the couple had been separated since July 2008 in the court hearing. According to a CNN article, Usher apparently had denied this fact before – stating he loved his wife and that they were not having any marital issues.

    “I love my wife very, very much. There was a little rumor earlier this week about us separating. It ain’t true. We in love.”

    Tameka Raymond stated in the court papers that the couple was not separated since 2008. She claimed she, “had every reason to believe her marriage was intact and that they were intimately together as husband and wife as recently as June 6th.”

    Most of Usher’s fan base did not like Tameka, and many are happy to see the couple divorced, CNN reported.

    When they first married many thought – and hoped – that the marriage would not last. Tameka had already been married and had three children by her first husband. When she married Usher, some fans seemed to believe she married the young pop star for his money.

    According to the CNN article, Usher’s mother was unhappy with the marriage. The article stated, “the word was his mother Joanna Patton didn’t approve of their relationship – a fact that seemed for many to be confirmed when Usher replaced Patton as his longtime manager soon after the wedding.”

    The estranged couple has two young sons together, Usher Raymond V and Naviyd Ely Raymond. Usher requested joint custody for the kids, but it is still unknown if any child custody agreement was reached with the final divorce decree.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 21st, 2009

    Parisian Divorce Fair Promotes a Fresh Start for Divorcees

    Paris is a city that is most often associated with romance and love, couples arm-in-arm strolling the city streets.

    A recent event challenged that long-held image, as newly single patrons attended a one-of-a-kind event.

    The second divorce-related event, the New Start Fair, took place in Paris in early November.

    Attendees found resources about how to hold on to their image in their new lifestyle, and how to find the right divorce lawyer and manage their separations, according to The Daily Mail.

    More than 5,000 attendees attended the New Start Fair. At the fair, they found over 60 vendors and service providers who help deal with divorce and separation issues.

    From legal advisors to life and dating counselors, the businesses represented are those that will help divorcees make the transition to their new lifestyle. Several notable seminars at the fair included, “The role of plastic surgery in re-conquering your image,” and, “Separation: What does a lawyer do?”

    The event organizers claim that they are responding to the changing culture of divorce in Europe, and particularly in France. Recent statistics suggest that divorce is on the rise in France, where 50,000 divorces thirty years ago has increased to 130,000 divorces in 2007.

    The prominent divorce of French President Nicolas Sarkozy just after he took office in 2007 also released divorce from much of the cultural stigma that had been associated with it in the past.

    Event organizer Brigitte Gaumet told The Daily Mail that, “For me, [the Sarkozy divorce] crystallized how divorce has lost its stigma and is really a commonplace thing.”

    Gaumet went on to note that there have long been bridal and marriage fairs that celebrate weddings, and that she sensed a need for resource fairs for those on the other side of the process. “Lots of people going through divorces,” she said, “and also people getting separated or who are widowed — are looking for information on how to bounce back and how to reconstruct.”

    While legal services were among the more popular services represented at the fair, there were also fortune tellers, weight-loss firms, and makeover specialists hawking their products and advice.

    This is the second of the divorce fairs. The world’s first divorce fair took place in Vienna, Austria, in 2007. The tone of that event was somewhat less wholesome.

    New Beginnings featured exhibitors offering private detective services to spy on potentially unfaithful companions, and DNA testing facilities to ensure that child support payments are really necessary. In Austria, as in France, divorce rates have risen to near half of all marriages in the past few decades.

    In a show of optimism, the first divorce fair did feature a marriage counselor willing to offer couples alternatives to divorce, and the Roman Catholic Church was also represented.

    Back in Paris, two New Start attendees, Charles Rene and Verena Carlo, were skeptical of some of the offerings.

    “Choosing a divorce lawyer can be really complicated,” said Mr. Rene, “and this isn’t the kind of thing you just want to pick someone randomly out of the yellow pages for.”

    Ms. Carlo added her own observation: “Just because you’re going to a divorce doesn’t mean you need to get laser hair removal or your fortune told,” she said. “I think it’s a bit weird, to be honest.”

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 19th, 2009

    Socialize Like an Egyptian: Evolving Social Taboos

    Social taboos on the topic of divorce are changing in Egypt, according to a CNN article.

    Before, divorce and relationships were never widely talked about in public –  each was considered a private matter – but now it is becoming a hot topic to talk about in the media.

    Egypt is and always has been a patriarchal society where men have more rights than woman. The country is ruled by Islamic law, which is based on the Islam religion’s Shari’a law.

    This law dictates practices for both marriage and divorce. Rights are unequal for men and women.

    Under the Islamic Shari’a law, men can divorce their wives at any time, any place and for any reason by saying, “I divorce you” three times consecutively. Women can only get a divorce through legal court action.

    But times, they are a-changing…

    In 2000, Egypt amended their laws allowing woman to initiate “no fault” divorces called Khula. Even though this seems to be a breakthrough, women who seek Khula must surrender all claims to alimony and their dowries.

    As barriers break down and talking about divorce in public becomes more popular, more women are filing for divorce and more are seeking counseling for their marriages.

    The number of divorces in Egypt is constantly increasing. According to CNN, the divorce rate in 2008 jumped 8.4 percent, and now nearly 40 percent of marriages in the country end in divorce. This is the highest rate for any Arab country, and it’s one of the few that publicly discusses the topic of divorce.

    One woman – Mahasen Saber – regularly discusses the topic on her radio show called Divorce Radio. She uses her program to help break stigmas and talk openly about divorce and relationship issues.

    Saber stated, “The main perception of a woman who is divorced in Egypt, or in any Arab country, is that she is evil or something is not right… that she has done something wrong. I started Divorce Radio to change that view.”

    Women’s rights have changed and continue to change over the years in Egypt. Women are gaining momentum with access to education and opportunities for employment. They now have the opportunity for economic independence.

    With this increase in divorce, it’s only natural for people to speak out about the topic. Women are the most affected and the main group discussing it, as it’s changing the way they think and live their lives.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 17th, 2009

    Total Divorce Celebrity Divorce Recap

    Fame, fortune and divorce can be a toxic combination. Every little piece of information can be brought to light in an instant.

    It appears at this point in time that Jon and Kate Gosselin are the “it divorce couple.” But they are not the first celebs to battle out their divorce in public.

    Let’s flash back to the long list of A- and B-list celebrities hashing out their divorce in the public eye.

    For starters  – Charlie Sheen and Denise Richards – they went back and forth like a tennis match in their long divorce battle. The biggest scene occurred when Sheen battled Richards’ voice mail spewing out profane language and engaging in name calling. Soon after the incident, Richards released the voice message to the public. Oops.

    Next there is Christie Brinkley and her ex Peter Cook – they had a long divorce trial entailing Cook’s affair with his 18-year-old assistant and his sex scandals via webcam.

    According to the New York Daily News, the two and their divorce lawyers recently went back to court. They each accused one another of violating the terms of their divorce settlement. Cook stated Brinkley was in contempt of court for “custodial interference” and Brinkley claimed that Cook went on television shows to speak about their divorce, which was a big no-no.

    Moving on with the history lesson – many celebs fought over child custody – both parents wanting full guardianship over their children.

    Britney Spears and Kevin Federline made it through their divorce with minor complications. Their big battle involved child custody.

    In January of 2008, Spears refused to bring the kids over to Federline’s at the designated meeting time. Instead she took the children back to her house and kept them there for two hours. The police eventually entered the home and forcefully removed Britney from the premises.

    Spears was taken to the hospital for further observation. The couple initially had joint custody but Federline filed for a 70/30 custody order in which he would retain the children for most of the time.

    In another custody battle – Kim Basinger and ex Alec Baldwin fought an intense six year battle over their young daughter Ireland. With the court’s approval, Baldwin called his daughter one day only to receive her voicemail.
    This allegedly set him off and he left a message that ultimately cost him his visitation rights for a period of time. He said, “You are a rude, thoughtless little pig. You have humiliated me for the last time.”

    Baldwin claims the Basinger released the voicemail to media, but she denied the allegations.

    Jon and Kate appear to be on the same track as their predecessors; with the back and forth, he said/she-said arguments. Only time will tell how it all works out in the end.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 13th, 2009

    Men More Likely to Leave a Sick Wife?

    According to a recent article in the New York Times they are.

    Dr. Marc Chamberlain, a Seattle oncologist, noticed a trend among his patients – that men dealing with brain cancer received a lot of support from their wives, while women with the same disease were more frequently going it alone, having faced a divorce or separation following their diagnosis.

    Chamberlain, along with Dr. Michael J. Glantz of the University of Utah’s Huntsman Cancer Institute, began a study of 515 patients who were diagnosed with either brain tumors or multiple sclerosis between 2001 and 2006.

    According to the New York Times, women in the study were more likely to face separation or divorce than men who were diagnosed with the same conditions.

    According to a report published in the journal Cancer, only about 12 percent of the patients ended up dealing with separation or divorce – which is comparable to the divorce rate of the overall population.

    The noticeable difference in divorce is shown when the study is broken down by sex. Three percent of men reported divorce or separation after diagnosis, while 21 percent of women with the same diagnosis reported separation or divorce.

    According to the report in Cancer, it is not known whether the separations reported were caused primarily by the diagnosis of illness, or if the couples who reported divorce were previously having marital problems.

    In couples that are happy pre-diagnosis, it appears that men are more likely to leave their sick wives than women are to leave their sick husbands.

    Visit the New York Times for more information.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 10th, 2009

    Want Kids? Think Twice about That Divorce…

    Young adults today need a reality check – at least according to retired Georgia Supreme Court Justice Leah Ward Sears, who has herself been a divorcee and a single mother.

    In a CNN article, Sears calls out the faults of the modern institution of marriage, saying that with the inception of no-fault divorce 40 years ago in California, marriage ideals began to unravel.

    Ward said that in her years on the bench, she saw countless couples who were dealing with issues that she believe stemmed from an growing irreverence for marriage in the U.S.

    In her experience, people who choose to be single parents or who have suffered a bad divorce have a harder time relating to their children.

    Her main point is this: “Many Americans are failing their children because they have already failed themselves,” meaning that many of the parents she saw in her courtroom were unprepared for parenthood.

    Ward suggests six things that could help revitalize the American institution of marriage:

    1. Stop glorifying single parenthood – it’s all over the media with single or unmarried celebrity parents, but that doesn’t mean it will work for everyone. It’s not easy – despite appearances.
    2. To all single mothers by choice – consider the emotional deprivation of your child who will grow up without a father.
    3. Teach Generation Y about parenting – Having a baby doesn’t mean it’s someone to love you unconditionally. Think about how you treated your parents growing up. Not always the most pleasant thing, right?
    4. Give more props to men – Husbands and fathers that do their jobs well are not commended enough. Raising children with two people is wonderful, make sure the men know how needed they are.
    5. Fewer broken homes now could mean more productive people later – There are kids who come out of single-parent homes and are incredibly successful, but the statistics speak otherwise. Most don’t have the same educational success and social skills as kids who grow up living with married parents.
    6. Revisit no-fault divorce laws in state legislatures – Some of these laws allow one party to opt out of a marriage too easily. Working through problems can often make a relationship stronger. Don’t give couples such an easy option of just giving up.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 7th, 2009

    ‘You Make Me Wanna…’

    ‘… leave the one I’m with.’

    Which is exactly what pop music star Usher decided to do back in June when he filed for divorce with his wife, Tameka Foster Raymond due to irreconcilable differences in the marriage.

    According to the Associated Press, the couple’s divorce is now finalized per the Superior Court in Fulton County, Ga.

    Usher, 31, and Tameka Raymond have two children from the marriage.

    Usher’s divorce lawyer, Ivory Brown, could not comment on the case. No details about child custody or support have yet been released, but Usher was seeking joint custody according to his filing papers.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 4th, 2009

    Changing Culture = Changing Divorce? Some People Think So.

    Though the role of marriage and divorce continues to evolve in U.S. culture, existing alimony laws have largely remained the same – which some may see as a problem.

    According to a Wall Street Journal article, increasing efforts from lawmakers and lobbyists in several states are placing new pressures on these old alimony laws.

    With the cultural changes in gender roles in the workplace and the nature of marriage, lawmakers are challenging the idea that a spouse should provide financial support for an indeterminate period of time.

    The Wall Street Journal reported that in Pennsylvania, New Jersey, and Oklahoma, there are efforts by lawmakers underway to update alimony laws to meet the demands of modern society.

    Update efforts support new time limits on alimony payments, bans on alimony when spouses are of similar professional standing, or eliminating or reducing alimony if a spouse commits a crime or becomes involved in a romantic relationship. Similar campaigns from activists and lobbyists are taking place in states like Florida, Ohio, Arizona and North Carolina.

    In Massachusetts, several pieces of legislation are working their way through the system. One, a bill called “Reform Massachusetts Alimony Laws Now!,” would limit alimony payments to a reasonable time and require that a spouse at least attempt to become self-sufficient. This bill essentially establishes alimony as a temporary payment.

    Another Massachusetts bill would, according to the Wall Street Journal, “end the currently common practice of using the assets of a second spouse to determine the ability of a person to pay alimony.”  Also, alimony payments would end with the retirement of the payer.

    Alimony laws were originally meant to safeguard spouses who didn’t work outside of the home during a marriage, particularly those who’ve sacrificed careers in order to raise families. A number of states allow alimony payments for life.

    Proponents of alimony law amendments argue that times have changed, and that alimony law should change with them. Opponents argue that times haven’t changed enough, as women still average only 75% as much in salary in the workplace as men do.

    The Wall Street Journal reported that the core of the debate over updated alimony laws stems around the question of whether alimony should be viewed as a transitional exchange, meant only to allow time for another spouse to establish financial independence, or whether alimony is a guarantee that a spouse has earned by sacrificing a career for the sake of the family.

    As the economic recession continues, there has been an increase in alimony payers requesting modifications of their alimony agreements due to financial pressures. And with powerful individuals impacted by divorce and alimony, the movement toward more protections for the payer seems to be gathering momentum.

    In a case out of Florida, an appeals court ruled that a judge was no longer obligated to pay his ex-wife over $3,000 per month in alimony, because she had, for more than 20 years, been living with another man. A group in the state has enlisted a lobbyist to work for legislation that would limit the years a spouse is required to pay alimony.

    The Ohio bar association is gathering legislative sponsors for a bill that would attempt achieve the same goal. In Pennsylvania, the Senate is looking at a bill that would cut alimony payments for spouses who live in a romantic relationship with someone else.

    Divorces and alimony settlements can be complicated, and can vary from one to the next. The true cost of marriage might never be resolved. But there is a movement underway to change the view of alimony.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    November 1st, 2009

    The McCourt Report: Dodgers’ Divorce?

    High-profile couple Frank and Jamie McCourt, the owners of the Los Angeles Dodgers major league baseball team, seem to be heading toward a divorce.

    According to a CBS report, Frank McCourt owns the L.A. Dodgers, while Jamie is the CEO for the ball club – at least until she was fired last week after an alleged affair with her bodyguard.

    The McCourts have been married for 30 years – and there are several assets, including four homes across the U.S., at stake. Based on other news reports, there does not appear to be a way to end this union in a friendly fashion.

    Although Jamie allegedly committed adultery against her husband, she is still seeking to own the baseball team and all four houses, as well as collect a monthly alimony of nearly $500,000.

    Jamie McCourt’s divorce lawyer stated that the couple lived a lavish lifestyle while they were together, and she should be entitled to continue such a lifestyle.

    Frank McCourt says the Dodgers are not for sale. No other details are currently available about the McCourts’ potential divorce.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.