December 16, 2015

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New Year, New Life: Why Divorce Rates Rise in January – The end of the year is always a mixed blessing. We are family law attorneys meaning we represent people going through divorce and related matters. At the end of each year, our business slows down (which is good), but then it always increases in January as divorce filings are regularly at their height after the start of the year. What’s interesting is the interest in the rise of divorce each January.

The Mutual Fund Equivalent of Bankruptcy – The recent decision by the managers of a fund invested mainly in high-yield, or junk, bonds to put their fund into the mutual fund equivalent of bankruptcy reminds us that mutual funds are like banks in an important way.

6 Ways to Better Manage Your Student Debt in 2016 – It’s New Year’s Resolution time, and if you’re reading this, it’s fair to say that managing your student debt is at the top of your list.

Divorce Modification and Enforcement

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A divorce decree often contains provisions regarding a number of key issues. It may indicate the property distribution agreement between the couple, child support orders, the parenting plan, custodial arrangements and spousal support information. Sometimes changes may require an adjustment while in others, enforcement is sought after one of the parties did not comply with the original court order.

In some instances, modification can be completed by agreement. The parties may make slight adjustments to accommodate each other. In other instances, there may be a more major change, such as a change in visitation schedule because a parent’s work schedule has changed. The parties may prefer to memorialize this change by having the judge sign off on a modification, effectively altering the original agreement.

In other instances, a party may be the target of a motion to hold him or her in contempt or a motion to modify the existing order. If the parties do not agree, the judge can hear testimony and receive evidence of why he or she should modify the order or enforce the order against one of the parties. Being found in contempt can lead to serious consequences sometimes including jail time. Contempt can also sometimes impact aspects of the case, such as visitation time.

Rather than taking part in a process which may only lead to further contention and involvement between parties who no longer want to be together, the parties may negotiate a settlement. Mediation can sometimes help parties’ at odds reach an amicable solution that is catered to the particular needs of the case. Often when one party makes a concession, the other party may be willing to make similar concessions in hopes of resolving the dispute and avoiding future litigation. Arbitration may also be considered as another alternative in order to more quickly resolve the dispute.

Background on Fathers’ Rights

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For many years, fathers were relegated to the role of only being breadwinners with little attention given to any emotional comfort that they could provide their child.  Mothers were considered the natural caretaker and a father receiving greater parental rights over a mother was an uncommon occurrence unless there was extreme misconduct on the mother’s part.

However, after much research on the impact of losing a relationship with either parent, courts and legislators have modified their approach.  These establishments now recognize the importance that fathers play in their children’s lives and the impact that they have as role models, especially as same-sex role models.

This shift has caused states to pass laws that state that a preference will not be given to either parent because of their gender.  Additionally, many states have passed laws that have a presumption that joint custody shall be presumed to be in the best interest of the child in the event of divorce.

The desire for men to be more than just a paycheck has led to multiple organizations and law firms that focus only on fathers’ rights.  These entities have provided support for the Fathers’ Rights Movement, which supports fathers having as much time with their children as possible, the establishment of laws to support fathers’ rights and the establishment of processes to encourage this ongoing relationship.

Fathers’ rights organizations also help explain the rights that fathers have and how to trigger these rights.  In many locations, an unwed father must petition the court to establish his paternity in order to be recognized as a legal parent.  Additionally, many states offer a registry in which a father can ensure that he is associated with a particular child so that if the child is ever placed for adoption, he will receive notification and the ability to contest the process.

December 7, 2015

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Social Media and Divorce: Why You Should Put the Keyboard Down and Log Out – In today’s social media savvy world, people are often quick to send out a tweet, update their Facebook status, or post an item without thinking first.

Mortgage Rates Drop for Third Consecutive Week – For the third straight week, interest rates on home loans dipped, according to a Freddie Mac survey of lenders cited by NerdWallet.

Puerto Rico’s Bankruptcy Case: If Something Can’t Go On Forever Then It Won’t – One of the great pieces of economic wisdom is the observation from Herb Stein, that if something cannot go on forever then it won’t. Something will happen, anything possibly, to bring that impossible run of events to an end. And so it is with the position that Puerto Rico finds itself in.

December 1, 2015

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10 Life Lessons Divorce Taught Me – Life changes rapidly through a divorce. Many, many people will come in and out of your life. Some will be wonderful and others not so wonderful. Whatever the situation, I tried to find the lesson or gift it contained. This was not always easy, but it helped me move on and through the process.

How to Control Your Debt and Improve Your Credit – Carrying large amounts of high-interest debt cuts into your ability to save to meet other needs. On the flip side, keeping debt in check and ensuring that your credit score stays solid makes many things easier, including getting a job, a loan or even insurance.

Which Mortgage is for You? Conventional, FHA, VA – Know these 3 loan types before you go mortgage shopping.

November 26, 2015

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How To Ask Your Spouse For A Divorce, According To Experts – There’s a right way — and wrong way — to broach the subject.

8 Reasons to Be Thankful for Your Divorce – Who would ever be thankful that their life was turned upside down, their dreams dashed to pieces, and their family changed forever? Why would anyone be thankful for the pain, the misery, the disruption, or the financial devastation of divorce?

U.S. Foreclosures At Record Low Since 2005 – Mortgage Banker’s Association’s National Delinquency Survey showed a seasonally adjusted rate decrease of 4.99 percent in overall outstanding loans for one-to-four-unit residential properties at the end of 2015′s third quarter; the lowest since the first quarter of 2007.  The delinquency rate plummeted 31 basis points from the previous quarter, and 86 basis points from a year ago, World Property Journal reports.