Social media has become a regular part of most of our lives and many of us don't think twice about posting a funny quip on Twitter, sharing a picture on Facebook, or making a comment on MySpace. Unfortunately, as advertisers have already discovered, social media has become a perfect platform for getting a snapshot into our lives.
]]> Now family law attorneys are getting savvy about what we post and using it as evidence in divorce and custody battles. While there are certainly many things that wouldn't cause issue, a photo taken while letting off steam could be taken out of context and hurt you in a divorce. Here are a few simple rules to remember:Divorce and child custody disputes often cause emotions to flare. Using care when using social media can help you avoid eruptions that could derail your case.
Source: www.huffingtonpost.com, "Don't Let Social Media Sabotage Your Divorce," Bari Zell Weinberger, 24 April 2012
]]>In Fairfax, Virginia and across the country, the trend of gray divorce - divorce between people 50 and over - is growing. While some of the financial and emotional ramifications of gray divorce are shared by everyone who divorces, others are specific to the over-50 set.
]]> Unique Issues in Gray DivorceWhether the spouses see the divorce as an opportunity to reinvent themselves or an unwelcome financial and emotional challenge, they are part of a growing trend. Twenty-five percent of the people who divorced in 2009 were over 50. Online dating websites have seen users 50 and older grow at twice the rate of other age groups.
Child support may not be a pressing matter for some gray divorcés, but spousal support (alimony) could be more critical. People who are planning for retirement, or have already retired, may feel less able to pay spousal support. At the same time, a spouse who is nearing retirement age or is retired may be less prepared to rejoin the workforce and more in need of spousal support.
Division of property and debt is a vital issue for people who anticipate living on a fixed income. When people over 50 divorce, they may perceive more financial pressures than younger divorcés. With less time to bounce back financially, they need to know which assets they will have at their disposal.
As people live longer and women become more financially independent, divorce appears to be a more viable option for more couples. Indeed, women initiate approximately two-thirds of the divorces between older adults. Careful planning and sensitivity to what is at stake will help protect the interests of the parties.
]]>The Defense Department said the increase in military divorces has been following a consistent trend that began in 2001, when U.S. military operations initially began in Afghanistan. Experts believe that protracted and repeated deployments of military members have taken its toll on military families. Couples may find that they have grown too far apart and they need the help of a Fairfax military divorce lawyer.
]]> For returning troops, whose marriages have been strained by their absence, a new pressure emerges as they attempt to reintegrate back into their families and society. USA Today quoted Chaplain Carleton Birch from the Army Office of the Chief of Chaplains, "As the wars in Iraq and Afghanistan draw down, we're going to put more families together who haven't been used to being together."The Army is doing what they can to help repair broken bonds. Last year they spent over $100 million on various marriage support events through their marriage intervention program, Strong Bonds.
When spouses find that the bonds can't be repaired and they will be divorcing, there are numerous considerations to be evaluated. Division of military assets, such as pensions and retirement pay is often complex and requires the expertise of an attorney who has extensive experience with the Uniform Services Former Spouses Protection Act (USFSPA).
Even with drawdown of troops complete in Iraq, there are still many others deployed elsewhere around the globe. Stresses will continue to challenge these families as well as those coming home. Taking advantage of counseling and other support services offered by the military may help spouses stay together.
Sources: www.military.com, "Military Divorce Rates Continue Steady Climb," 14 December 2011, Amy Bushatz and www.usatoday, "Military Divorce Rate at Highest Level Since 1999," 13 December 2011, Gregg Zoroya
]]>Generally, divorces involving federal employees follow the same property division parameters as divorces between private-sector couples. However, federal employee divorces can sometimes be more complicated because federal employee benefits are governed by their own set of laws. For this reason, it's important to choose an experienced federal employee divorce lawyer who understands these rules.
]]> Division of Federal Employee Retirement BenefitsUsually, federal employees are primarily concerned with what could happen to their Civil Service Retirement System and Federal Employees Retirement System accounts in the event of a divorce.
In a divorce, a judge can order the division of benefits payable under a CSRS or FERS annuity. The judge can also order the division of CSRS or FERS employee retirement contributions. Federal employee retirement benefits can also be garnished for alimony or child support payments and in cases involving child abuse.
The rules pertaining to the division of federal pensions differ from those governing private-sector retirement benefits in one very important respect. In many private-sector divorces, an ex-spouse will become eligible to receive his or her share of a employee's retirement benefits as soon as the employee reaches retirement age. However, an ex-spouse who is entitled to a share of a federal employee's retirement benefit will have to wait until the benefit is actually payable. This means that in addition to reaching the eligibility threshold, the federal employee must also have made a proper application for benefits.
A court order may also give ex-spouse an entitlement to survivor benefits under a federal employees' CSRS or FERS plan. This option is only available if the couple was married for a minimum of nine months. However, unless the couple was married for at least 30 years, the survivor annuity will end if the ex-spouse remarries before reaching age 55.
The division of federal retirement benefits is just one of the many unique issues involved in a federal employee divorce. If you are considering a divorce and you or your spouse is a federal employee, make sure you choose an experienced attorney who understands your special needs.
Source: U.S. Office of Personnel Management "Court-Ordered Benefits for Former Spouses," April, 2008.
]]>You should know that although your spouse may be entitled to a certain portion of your Thrift Savings Plan (TSP) accounts, they cannot simply withdraw or borrow money without your permission. Whether you have a Federal Employee Retirement System (FERS) account or a Civil Service Retirement System (CSRS) there are certain requirements that must be met before a spouse may receive money.
]]> FERS RequirementsTo borrow or withdraw money from a FERS TSP, written consent of the spouse is always required. With a withdrawal, the spouse's signature must be notarized. The only way around these requirement would be if some exceptional circumstance existed or the whereabouts of your spouse were unknown.
For loans, it is important to understand that while the spouse's consent is required to obtain a loan, this does not make the co-signer on the loan. The person taking the loan retains responsibility for repaying it.
CSRS Requirements
This retirement plan, which was replaced by the FERS plan in 1987, does not require the written consent of the spouse to take a loan or withdrawal, but it must provide notice to the spouse that the request has been made.
The only exception for the notification requirement is if the whereabouts of your spouse are unknown.
Penalties for Fraud
The Thrift Savings Plan does investigate withdrawals for fraud. Anyone who tries to prevent their spouse from obtaining their share of TSP funds may be prosecuted. This includes obstructing the receipt of funds by forging the other spouse's signature or providing the office with a false address for your spouse.
Court Orders
Your TSP is subject to court orders provided they meet certain requirements. Therefore alimony, child support as well as Qualified Domestic Relations Orders (QDRO) arising out of your separation agreement or divorce decree may be used to split or transfer assets as well. As soon as a court order has been issued to a TSP administrator all assets will be frozen until authentication is made.
Source: www.myfederalretirement.com, "Spousal Rights for the Thrift Savings Plan"
]]>Divorces for older people have different ramifications than divorces for younger couples. While younger couples may be concerned about the interest of their children, child custody and support matters, those 50 and up generally have different concerns; such as finances, division of retirement assets, inheritance and business issues.
]]> Finances, in particular, can be tricky when dealing with divorces among older couples. One problem stems from valuing retirement funds. When calculating the value of tax-deferred retirement funds, such as 401 K accounts, what is termed the "true value" of these accounts should be considered. When money is withdrawn from these types of accounts, taxes must be paid. The value to be considered when splitting these assets then, is the amount the account will be worth after the taxes have been paid on it.One common mistake of many divorced women is cashing in the ex-husband's retirement accounts. These account assets are usually taxed as income and charged an additional 10 percent penalty if withdrawn prior to the age of 59 ½. As much as 50 percent of the account can end up going to taxes and penalties in these cases.
Experienced divorce lawyers who understand these common issues of pension valuation and tax penalties for withdrawal work with clients to ensure a fair division of retirement assets.
Alimony is another common area for concern for older divorcees, as the possibility of the paying spouse dying while the receiving spouse still needs the money is very real. One way to solve this problem is for the spouse receiving the alimony to take out a life insurance policy on the ex-spouse.
A spouse may also be entitled to receive Social Security benefits of the former spouse, depending upon how long they were married among other factors. Spouses should check with the Social Security Administration, because Social Security benefits should be considered when determining the value of assets to be split.
Finally, all debt should be split equally between the spouses; and it is wise to obtain a credit report to ensure that all debt is considered in the equation.
The divorce of those over 50 can be difficult to recover from financially, so it is important that each spouse take proper precautions to protect their financial interests.
Following Noriko's return to Japan with her children, an American court ordered an arrest warrant for her. Since Japan is not a signatory to the Hague convention on international child abduction, the American court has been powerless to prompt the return of Noriko or the children to the United States.
]]> Christopher did attempt to bring his children home to the United States, but he was arrested at the gates of the U.S. consulate and charged with child abduction. He was subsequently allowed to return the United States, without his children. Following this incident, a Tennessee court ordered Noriko to pay $1,000 to her ex-husband for every day that she falsely imprisons her children.The Savoies' case has generated a lot of press, which, in turn, has led to more international pressure being applied on Japan to sign the Hague convention. According to CNN, Japan is feeling the weight of the pressure, and the Japanese Cabinet recently approved a plan to overhaul the country's laws in a way that would bring them "in line with the Hague convention". However, it could take years before Japan would be prepared to sign the convention.
Child custody issues involving international law are complicated; speak with a family law attorney with experience handling international family law disputes.
Source: http://edition.cnn.com/2011/WORLD/asiapcf/05/20/japan.child.custody.law/
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