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Rabu, 31 Desember 2008
Did You Survive the Holi-Daze
Selasa, 30 Desember 2008
Dating after a divorce can be an exciting time. With your divorce finally behind you, you look forward to meeting someone new. But when you or your new love have children, complications can soon set it.
It would be great if life were like the Brady Bunch and your kids and his kids all got along, but in reality, many children feel resentful and upset when their parents date. Expecting them to accept your new mate's children can be difficult as well.
A friend of mine has three children and her ex-husband recently remarried and had a baby. His wife has 4 children from a previous marriage. Her kids are overwhelmed and confused when visiting dad and his new, large, instant family. They complain that they no longer get any alone time with their dad and visits are chaotic are less frequent.
Blending families successfully is a huge challenge. If your kids do not like your boyfriend or his kids do not like you, it can put a huge strain on your relationship. Here a three ways to minimize the trauma to your kids and help them accept your new love and his children:
1. Take it slow. Do not introduce your kids to his kids to quickly. Give your kids time to get to know your new boyfriend first.
2. Keep visits with your boyfriend's kids short and infrequent in the beginning. Do not overwhelm your children by forcing them to spend time with your boyfriend's family. Give them time to develop their own relationship with his kids.
3. Make sure to spend plenty of time with your kids. It is easy to become distracted with your new love and want to be with him all of the time. However if you have children, they will become resentful. They crave your attention and need to feel secure.
A divorce is difficult enough on a child. You can only imagine how confusing it must be for a child to see his parents dating new people and then having to share his parents with other children who are not his siblings. The key is to take it slow and give your children time to accept your new relationship. With time, extra attention and patience, most children will eventually come around.
Click here to read a free chapter of Seven Secrets to a Successful Divorce...
Senin, 29 Desember 2008
How to Get a Deadbeat to Pay Child Support
If you are a single parent and your ex refuses to pay child support, you may be at your wit's end trying to collect the child support owed your children. It is a frustrating, long process if you are dealing with a deadbeat who works off the books, hides money or moves from state to state.
The child support enforcement agencies can only do so much and they are overloaded with cases. Private investigators are expensive and you may feel like you have reached a dead end.
I recently found a website that may help you in tracking down your ex and finding the evidence you need to collect the back support owed. EmailRevealer.com has a few services that are affordable and can give you the proof you need to bring your ex back into family court. Here are a few of the services that can help:
1. A background check. For $99.00 they will give you, addresses (10 Years),a list of relatives ,assets ,judgments, liens lawsuits, bankruptcies and UCC filings
2. Locating a current employer. The price for this service is not listed on the site. If you provide a social security number, address and name, they can find the current employer your ex is working for.
3. Asset Search. This one is pricey at $399.00 but you will get a complete list of your ex's assets including:
Real Estate
Investments: Stocks / Bonds / Mutual Funds
Boats
Planes
Companies
Bank Accounts: Checking and Savings
Trust Accounts
Real Estate
Cars
Remember, you must be persistent. That may mean calling your case worker every few days so that your case dos not get lost in the shuffle. The state agencies can also do searches for bank accounts and employers for you for free, but they are slow and it can take a considerable amount of time to get results.
Click here to read a free chapter of Seven Secrets to a Successful Divorce...
Sabtu, 27 Desember 2008
When Children of Divorce Take Sides....
It is a well known fact that divorce not only hurts children, it can also sever relationships between parents and grown children. When a teenager or adult child decides to side with one parent during the divorce, it can damage the parent-child relationship forever.
My own 22 year old daughter has not spoken to her father in almost 5 years. Because of my ex's actions and behaviors during our divorce, she chooses not to have him in her life. I have encouraged her to try and forgive her father, but she is not ready to make amends. She feels that until he expresses true remorse over his behavior during the divorce and stops placing blame on others, she does not want a relationship with him.
Of course it makes me feel horrible that my ex and her father, who were once very close do not have a father-daughter relationship anymore. But what drove my daughter to cut off ties with her dad were some horrible comments he made during the divorce about her grandfather who then passed away months later. At her age, I must respect her decision to not speak to her father, but it is still makes me sad to hear my ex tell people he has 3 children when he has 4 and I feel bad that my daughter will not have a father to walk her down the aisle someday. Maybe they will eventually reconcile, but until then there is little I can do to help repair their relationship.
I think divorcing couples need to be careful about confiding in teenage or adult children during a divorce. You may have the best intentions and want to be honest with your adult child about the divorce, but letting adult children in on the ugly details of the divorce can backfire and cause the child to take sides. It is bad enough that friends and family often take sides, but when a child chooses end a relationship with a parent because of a divorce, it can be devastating.
Kamis, 25 Desember 2008
CHRISTMAS PRESENT
“Ran out,” she said, “And on Christmas Eve too. I wouldn’t care so much if it was just us, but it’s the children I’m more bothered about. It could hit them hard.”
Now just as I was beginning to think that my holiday hadn’t started after all, I realised we were on different planets. Certainly I came back to Earth with a bump when she mentioned the word “sellotape.”
“Have you got some I can use? I have to get their presents wrapped?”
Rabu, 24 Desember 2008
You've Been Served.....Still Loving Facebook??
Just read an interesting article where an Australian judge allowed service on a party through the internet on the person's facebook account. Challengable surely, but how far can the United States courts be from this type of substitute service....of course unless you get one of our Suffolk county judges who don't believe at all in substitute service.
The Aussie Lawyer had this to say: "In civil courts, there has always been the facility to apply for substituted service in cases where a defendant may be difficult to find or evidence suggests they are deliberately evading documents being served on them."
Courts usually leave legal documents at a defendant's last known address or somewhere they know family members are.
Mr Moore said the Facebook option was a novel way of serving documents and probably an effective option of bringing court action to someone's attention
Australian courts have given permission in the past for people to be served via email and text messages when it was not possible to serve them in person.
Just something else to think about as you diary your entire life for the world to see and critique on the internet............
You've Been Served.....Still Loving Facebook??
Just read an interesting article where an Australian judge allowed service on a party through the internet on the person's facebook account. Challengable surely, but how far can the United States courts be from this type of substitute service....of course unless you get one of our Suffolk county judges who don't believe at all in substitute service.
The Aussie Lawyer had this to say: "In civil courts, there has always been the facility to apply for substituted service in cases where a defendant may be difficult to find or evidence suggests they are deliberately evading documents being served on them."
Courts usually leave legal documents at a defendant's last known address or somewhere they know family members are.
Mr Moore said the Facebook option was a novel way of serving documents and probably an effective option of bringing court action to someone's attention
Australian courts have given permission in the past for people to be served via email and text messages when it was not possible to serve them in person.
Just something else to think about as you diary your entire life for the world to see and critique on the internet............
Senin, 22 Desember 2008
Minggu, 21 Desember 2008
CHRISTMAS POST
Our postman is, of course, very busy at the moment, delivering cards and seasonal messages from people I always mean to see during the year but never quite manage to do so, relying on a two liner in a card instead for a quick update. Little Girl loves Christmas. She told me the other day that “It just feels so warm, it’s lovely.” I know what she means; a traditional time for peace and love.
Not so for my friend Constance who sent me a card. “Peace and goodwill to all men,” it said inside, and then she had added: “Except the ex and his solicitor, of course.”
Jumat, 19 Desember 2008
Kamis, 18 Desember 2008
LOOKING FORWARDS
IRA distributions is income for child support purposes
Trial court correctly concluded that there is no bar to treating distributions from IRA accounts, distributed to husband as property in dissolution of marriage proceeding, as income for purposes of child support; and trial court did not abuse its discretion when it denied father's petition to modify his child support obligation. Further, trial court did not err when it denied husband's claim that personal funds held in bank accounts garnished by former wife are exempt. However, trial court erred when it awarded former wife's petition for attorney's fees without affording former husband evidentiary hearing which he requested.
Rabu, 17 Desember 2008
Chicago Divorce attorney offices in Chicago, Illinois area
I wanted to announce the opening of our new Joliet office location.
16 W. Van Buren, Suite 303, Joliet, IL 6043, which is just down from the Will County Courtroom. We offer free consultations, so don't hesitate to contact us for a free legal evaluation.
http://www.leederslaw.com
Our other office locations:
20 E. Jackson Blvd. Suite 850 Chicago, IL
10540 S. Western Ave Suite 402 Chicago, IL
2025 S. Arlington Heights Rd. Ste. 113 Arlington Heights, IL 60005
3333 W. Warrenville, Rd. Suite 200, Naperville, IL 60532
228 N. Genesee St. Suite 205, Waukegan, IL 60085
16 W. Van Buren, Suite 303, Joliet, IL 60432
Senin, 15 Desember 2008
5 Divorce Dirty Tactics You Need to Know About.....
Unfortunately, many divorces turn ugly and it is usually due to one partner resorting to dirty divorce tactics. The spouse who decides to implement these tactics feels desperate and out of control and will do anything to hurt his or her spouse. You need to be aware of these dirty divorce tactics so that you can protect yourself during your divorce. Warning: If you are someone who thinks that using any of these tactics will help you in your divorce, think again. These tactics always backfire. The courts are well aware of them and if you use any of these against your spouse, you will be the one who pays for it in the end.
Here they are:
1. Filing a phony restraining order. This is also know as an order of protection. Your ex decides that he wants you out of the house so he makes up false allegations of abuse. This is also done to get custody of the children.
2. Fling for sole custody of the children. A spouse who files for custody when he or she knows that the other parent has been the primary caregiver and the children are being well care for does this for several reasons. It is the ultimate way to hurt the other spouse and extract revenge. It is also done as a ploy to avoid paying child support.
3. Claiming to be disabled. This tactic is used to reduce alimony and child support payments. A spouse will suddenly come down with a disability and claim he or she can no longer earn the amount of money they have been earning throughout the marriage.
4. Selling and hiding assets. Hiding money in bank accounts that are out of state or in another country or selling assets to friends or family members for a fraction of their value on paper and then pocketing the cash are some examples of devious divorce tactics a divorcing person may use.
5. Refusing to mediate or settle the divorce. A person who does this wants their spouse to suffer and does not care how much money is spent in attorney fees. They are so hurt and full of rage that by prolonging the divorce, they feel they have some sort of control.
Click here to read a free chapter of Seven Secrets to a Successful Divorce...
Sabtu, 13 Desember 2008
SHANGHAI PYJAMAS
Shanghai Pyjamas
Originally uploaded by tiantiande
I learned today that officials in Shanghai are horrified by people taking to the streets in their pyjamas. Apparently parading in nightwear is a demonstration of wealth.
All of which reminds me of a divorcee who once upon a time took to parking his car outside his ex-wife’s house. He’d felt extremely bitter at the breakdown of their marriage and even a huge lottery win a few months later did little to assuage his pain. Whilst he invested a large chunk of his winnings in prestige motor cars with personalised plates, his hurt still showed when he parked them in rotation in front of the ex’s sitting room window. I confess I do wonder what he might have done had he lived in China; parked himself in nightshirt and cap outside her door perhaps?
Request to admit in divorce case- timing is everything
In re Marriage of Holtaus, No. 2-07-0562 (November 17, 2008) DuPage County (Zenoff) Reversed and remanded.
Because wife has failed to demonstrate that she had any good cause for serving response to request to admit two days late, and because lack of prejudice to husband in dissolution of marriage proceeding is not sufficient, trial court did not abuse its discretion when it struck her untimely response. Further, the trial court's refusal to treat the payment of attorney's fees as advances on the distribution of the marital estate, and skewing the property division in favor of the husband in order to adjust for the excess fees he incurred as the result of the wife's behavior during the proceeding, fits within the dictates of Section 501(c-1)(2) of the IMDMA. However, the trial court erred when it selected the relevant date for the purpose of calculating the wife's dissipation at the date that the husband moved out of the marital home; because it is clear that the marriage was in the process of breaking down long before then.
Jumat, 12 Desember 2008
Listen below to the interview I did with Rhonda Ryder, Founder of Kid Awakening and the creator of "Inspired Parenting", her interviews with 3 teachers from the movie "The Secret", Dr. Joe Vitale, Mike Dooley and Dr. John Demartini. I asked Rhonda how we can use the law of attraction to help our children cope with divorce. Click here to get her free e-book, “The 7 Secrets to Sharing The Law of Attraction With Kids and Teens”
BLACK ICE
Mixing It Up at the Holidays
Kamis, 11 Desember 2008
Hello Gov. I'm applying for the Sentate Seat
Even before the State of Illinois realized they still had problem with the Chicago political mentality we here in New York were witnessing our Governor grapple with the Sentate vacancy of our Jr. Senator.
Many names have been bandied about and then we heard that the famous and infamous were calling the Governor directly to ask for consideration. What ever happened to posting the job listing and forwarding a resume?? Not once you get into this level of government apparantly.
Caroline Kennedy who I don't beleive has ever practiced law but has been active in writing books and fundraising expressed an interest in her Uncle's old seat. I'm not quite sure if she has ever held a real job but I cannot take away from her the philithropic good deeds she has done with the family money and name. We are told she called the Gov. directly to express her interestin the senate seat. Now of course the average New Yorker doesn't have the Govornor's cell number but I bet Caroline does. Now we hear "The Nanny" is also interested in running. What are her qualifications again?? Oh yeah, having an incredibly annoying voice will certainly play well in Washington. They may vote with her just to shut her up!
Finally, a real contender has thrown his hat into the ring announcing that although he is not of the same party as the Governor and doesn't expect an appointment, he has advised that he will run for the seat when the election comes around. Bravo Peter King!! Yes I must admit having a woman replace Hillary would be nice, but I prefer to have someone qualified and not someone just looking for a career change. Congressman Peter King knows Washington politics, works hard for Long Island and is not dabbling. Our state needs to be lead by proven leaders not by rich socialites or starlets tired of afternoon tea and tennis outings.
Hello Gov. I'm applying for the Sentate Seat
Even before the State of Illinois realized they still had problem with the Chicago political mentality we here in New York were witnessing our Governor grapple with the Sentate vacancy of our Jr. Senator.
Many names have been bandied about and then we heard that the famous and infamous were calling the Governor directly to ask for consideration. What ever happened to posting the job listing and forwarding a resume?? Not once you get into this level of government apparantly.
Caroline Kennedy who I don't beleive has ever practiced law but has been active in writing books and fundraising expressed an interest in her Uncle's old seat. I'm not quite sure if she has ever held a real job but I cannot take away from her the philithropic good deeds she has done with the family money and name. We are told she called the Gov. directly to express her interestin the senate seat. Now of course the average New Yorker doesn't have the Govornor's cell number but I bet Caroline does. Now we hear "The Nanny" is also interested in running. What are her qualifications again?? Oh yeah, having an incredibly annoying voice will certainly play well in Washington. They may vote with her just to shut her up!
Finally, a real contender has thrown his hat into the ring announcing that although he is not of the same party as the Governor and doesn't expect an appointment, he has advised that he will run for the seat when the election comes around. Bravo Peter King!! Yes I must admit having a woman replace Hillary would be nice, but I prefer to have someone qualified and not someone just looking for a career change. Congressman Peter King knows Washington politics, works hard for Long Island and is not dabbling. Our state needs to be lead by proven leaders not by rich socialites or starlets tired of afternoon tea and tennis outings.
Senin, 08 Desember 2008
Divorce debt and bankrutpcy filing
Question:
I'm due to be divorced on Tuesday, Thursday a credit card company is taking me to court for non-payment over the last year. I've been trying to get a divorce for 1 year, I have 2 children, had to move home with my parents and while I do have an income I still do not make enough money to pay the credit card debt created by my husband. I do not get child support (he's not working) and seldom sees the kids. What should I do about the court date on Thursday? I cannot afford another lawyer, I have to pay this one $100 monthly!! Should I have filed for bankruptcy before they set a court date for the judgment?
Answer:
Your divorce decree will control who would be responsible for the debt. I assume it is a joint debt, or the decree is saying you will be responsible. Even though a bankruptcy may discharge your obligation, if the divorce decree says you will pay it, then you would still be responsible,despite the bankruptcy filing. If you are not responsible for the debt, bring your decree to court to show the judge.
What You Can Expect When Going to Family Court...
If you have never been to family court before and you have court date coming up for you divorce, there are a few things you need to know. Spending time at family court can be quite a shock. Here are 5 things to expect so that you can prepare yourself:
1. It will take all day long. Even though your case is scheduled for 9:00 am, be prepared to spend the entire day waiting. Family courts are overbooked and it is quite common to be there all day. Bring reading materials to keep your occupied. The court breaks for lunch so make sure you bring money so that you can buy lunch or a snack while you wait.
2. Your case might be rescheduled. This may happen the day before the court date you have waited weeks for. It can even happen while you are already there. I once waited 8 hours for a court date only to have it rescheduled. I had to pay my lawyer over $1,200 for sitting there all day. The court system does not reimburse you or care.
3. Do not speak or even look at your ex. If you start an argument with your ex while waiting outside the courtroom, you can be sure it will be used against you. Do not speak to your ex without your attorney present. You do not want your ex making false accusations against you. If you are there with a family member, tell him or her to keep quiet as well. During my first court date my father confronted my ex. My ex had his lawyer march into the judge and falsely accused my father of threatening him. He then filed a restraining order against my father!
4. Keep your mouth shut while in the courtroom. The judge will scold you should you make any outbursts. If you feel your ex or his attorney is saying something that is not true, alert your lawyer by jotting it down on a legal pad. Your lawyer is your mouthpiece in the courtroom and you are not allowed to speak unless directed to by the judge. Even whispering can get you in trouble. Remember, everything is being recorded inside the courtroom.
5. Be prepared to be disappointed. The family court system is not always just and fair. You may be shocked at the judge's ruling. Control your emotions the best you can. You will most likely have the same judge throughout your divorce and he or she will be the one ruling should your divorce go to trial. You do not want to appear to the judge as someone who is out of control. If you are upset with the judge's ruling, discuss this with your attorney and he can file another motion.
If there is any possibility you can settle your divorce fairly without going to court, do it. The expense, stress and aggravation of having to appear in court, often multiply times throughout your divorce, can take a huge emotional and financial toll on you.
Click here to read a free chapter of Seven Secrets to a Successful Divorce
Minggu, 07 Desember 2008
THE PANTO SEASON
Sabtu, 06 Desember 2008
maintenance and property division caselaw decisions
Here is an appeal of a divorce case decision. The court reviews the totality of the circumstances when awarding maintenance...income, assets, bonuses, retirements etc
In re: the Marriage of Walker, No. 4-07-0730 (November 26, 2008) Adams County (Myerscough) (COOK, special concurrence, TURNER, partial concurrence, partial dissent) Affirmed.
Trial court did not abuse its discretion when it awarded wife permanent maintenance after 26 year marriage with wife earning $37,000 and husband $204,000 by the court's calculation. Further, trial court was not required to believe husband's testimony that his 2006 bonus was extraordinary. In addition, trial court's award of property based on approximately 60/40 split, with the wife receiving mostly illiquid assets, is not error; and trial court had the authority to order the husband to maintain life insurance as security for his maintenance obligation.
Jumat, 05 Desember 2008
Kamis, 04 Desember 2008
MATCHMAKING
Paternity in NY
"You should have married the mother," I remember saying to my client when he asked why I was asking him to jump through hoops to prove that he was indeed the father of the child. Many people unfamiliar with the law think that only a judicial determination of paternity, known as an Order of Filiation can in fact prove paternity in the event of an unmarried couple. Such is not the case in the State of NY. In the hospital as the mother is filling out the birth certificate, the parents can execute an Acknowldedgement of Paternity which is then filed with birth certificate and under the Family Court Act Section 516 satisfies the legal requirement for proof of paternity. No further order or decree from a magistrate is thereafter required. But you need to retain the proof or be able to get your hands on in if a custody battle insues.
When parties are married the law automatically presumes that the husband is the father of any child born during the marriage and no such documents are necessary nor are court orders required.
Paternity in NY
"You should have married the mother," I remember saying to my client when he asked why I was asking him to jump through hoops to prove that he was indeed the father of the child. Many people unfamiliar with the law think that only a judicial determination of paternity, known as an Order of Filiation can in fact prove paternity in the event of an unmarried couple. Such is not the case in the State of NY. In the hospital as the mother is filling out the birth certificate, the parents can execute an Acknowldedgement of Paternity which is then filed with birth certificate and under the Family Court Act Section 516 satisfies the legal requirement for proof of paternity. No further order or decree from a magistrate is thereafter required. But you need to retain the proof or be able to get your hands on in if a custody battle insues.
When parties are married the law automatically presumes that the husband is the father of any child born during the marriage and no such documents are necessary nor are court orders required.
Selasa, 02 Desember 2008
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A DOWNWARD TREND
However, it would appear that a decrease in house values is not all bad news for couples, well not if they are living in the rented sector anyway. In such times, those couples are more likely to stick together as the prospect of being able to buy a property together becomes more feasible.
Senin, 01 Desember 2008
Divorce: post dissolution injunction
Court can order pension to be turned over to ex-spouse, even if that person moved out of the country.
In re Marriage of Winter, No. 1-07-0619 (November 24, 2008) 1st div. (Garcia) Affirmed in part, reversed in part.
On interlocutory appeal, when former husband was located in England, where he is a permanent resident and beyond the contempt powers of the court, the trial court properly exercised its powers of equity when, after final judgment of dissolution of marriage awarding a portion of husband's teacher's pension to wife, husband refused to execute QUILDRO, and was receiving entire annuity, it imposed constructive trust on the pension payments, named husband's attorney as Trustee, enjoined Pension Fund from making any further payments directly to husband, and directed that husband's attorney receive payments and hold proceeds in his IOLTA account. However, it exceeded its authority when it directed that payments be made payable to attorney.
Minggu, 30 November 2008
What I Miss About Being Married...
I have been divorced for over 3 and 1/2 years and it has been 5 years since the separation. Up until recently I could not think of many things I missed about being married. I certainly did not miss my ex and many of his annoying habits-especially his snoring! I enjoy sleeping alone in my king size bed, being free to do whatever I want and not having answer to anyone. Single life is good. Yet recently I have found myself remembering some of the things about marriage that I do miss.
I miss having a partner there to help with the kids. It is tough having to be both mom and dad, 24/7 and not being able to have someone there to share the burden. I also miss having a husband there to share the financial responsibilities. When you are married and have two incomes coming into the household, it does make life easier.
And as independent as I profess to be, I think I am starting to miss having a life partner who is always there to share in the good times and bad, someone who is not only your spouse but your best friend. I used to think of my ex as my best friend early on in the marriage. It was a wonderful feeling when I felt I could trust him and that he was always going to be there for me.
Even though my ex eventually betrayed my trust, I hope I will someday be able to trust someone like that again. Maybe then I will be ready to give marriage another try. But for now I will remain single and enjoy every minute of it.
Why a "Rebound" Relationship Can Be Good for You...
You have most likely have heard the warnings about the "rebound" man or woman. This is the first person you have a relationship with after your divorce. The typical advice is to take it slow and not get too attached because rebound relationships often do not last.
That may be true and the advice to be careful so that you do not suffer a double blow-first a divorce and then a failed relationship-is sound. But there are benefits to having a rebound relationship after your divorce.
One benefit is the distraction the new relationship provides. You may be still reeling from your divorce and having many issues lingering. Your new relationship provides you with excitement, fun and the thrill of being in love again. These positive emotions can help keep your mind off of the divorce and bring back some joy in your life again.
Another benefit is a boost to your self esteem. If your ex was emotionally abusive or did not pay attention to you and put you down often, having a new lover who showers you with attention and compliments can do wonders for your self esteem. You start believing that you are an attractive again and someone who can be loved.
So go ahead and enjoy your new relationship after your divorce. But understand that you may not be emotionally ready for a serious, committed relationship so soon after your divorce. If you have not resolved the issues from your marriage and gone through the grieving process, you could be setting yourself up for another failed relationship. The key is to keep your new relationship light and fun and enjoy it for what it is worth. Be in the moment and take it one step at a time without expectations, while giving yourself the time you need to recover fully from your divorce.
Sabtu, 29 November 2008
CELLULOID MOMENTS
Would You Marry for the Money?
I was flipping through the channels the other night and caught a few minutes of the show about the " Real Housewives of Orange County". This 30 year old blonde who looked like Barbie was getting a new 4 carat diamond ring from her 60 something year old boyfriend. She admitted that she was not attracted to him at first since he reminded her of Santa Claus or Kenny Rogers with his white hair and beard, but now is is deeply in love with him.
This man has been married 5 times and she will be his 6th wife. Maybe she does loves him but it sounded like she loved his money even more. I know there are people who do marry for the money but I wonder how can you be happy with someone if you are not attracted to them and do not love them?
Sure money makes life easier and it must be tempting to marry someone well off . But what price do you pay emotionally? I once knew a woman in her 50's who was divorced and met a man in his late 70's. He was wealthy and had no children or family. Believe it or not, after they married at the courthouse they drove straight to the lawyer's office and had his will changed, making her the sole beneficary of his estate.
Years later, he did die and she inherited all of his money. Although she married him for financial security, they did have a good relationship through the years, and she cared for him but was not in love with him. She got his money and he got a wife and the extended family he never had, including her grandchildren, so I guess it worked for both of them.
Have you ever considered marrying someone you did not love because they were rich? If you met a wealthy potential partner would you date him or her because they were rich, even if you were not attracted to them? Be honest!
My answer would be that I could not be intimate with someone I was not attracted to, no matter how much money he had. Ideally, it would be great to find the whole package: love and financial security. But I rather be married to a man who was not well off that I deeply loved than a rich one I was not attracted to.
Kamis, 27 November 2008
Are Sick Days Marital property in IL?
In re Marriage of Abrell, No. 4-06-0974 (November 19, 2008) Sangamon County (Knecht) (MYERSCOUGH, partial concurrence, partial dissent) Affirmed in part, reversed in part, remanded.
Trial court erred when it concluded that accumulated sick and vacation days by husband, a State employee, are marital property subject to division in the dissolution of the parties' marriage. However, the trial court did not abuse its discretion when it denied husband's motion to reconsider its award of maintenance. Although trial court concluded that wife was essentially, unemployable in its memorandum of opinion, fact that she obtained full time employment, after proofs had closed in case but before judgment was entered, is not newly discovered evidence. The trial court, instead, properly considered the motion to reconsider as a motion to modify. However, it should have reduced the maintenance award based on the wife's newly acquired employment as of the date of filing the motion; although it was not required to reduce the maintenance by more than the $250 per month set by the court.
Rabu, 26 November 2008
JUNGLE ESCAPE
I confess that I can only identify one or two of the competitors although I was surprised to see Martina Navratilova of tennis circuit fame amongst them. The Daily Mail seems to believe that she could be there because she’s lonely, following a reportedly acrimonious split from her partner after a seven year relationship. From what I've seen, however, anyone feeling down and alone after a break-up of whatever length should be extremely guarded if contacted to appear on a reality television programme, especially one set in the jungle. Forging friendships with stink bugs, cockroaches and snakes can hardly be the perfect antidote to loneliness; try meeting people closer to home instead and if you really do fancy getting closer to nature what about dog walking in the countryside; it has to be better for your health and well-being.
Senin, 24 November 2008
Minggu, 23 November 2008
IN MEMORIAM
The trouble with death is that whilst we know it will happen one day, we never know when. That’s why I advise clients to make or change their wills as soon as possible. Whilst divorcing couples don’t necessarily make a habit of dying before completing the process it’s always prudent to have paperwork in order.
Once upon a time I received a letter from a client whose divorce I had just concluded, telling me that she intended to contact our wills department as I’d originally advised and in the meantime had been in touch with her pension scheme managers to nominate payment of her death in service benefit and had given them my firm’s contact details. A couple of years later I heard from the same scheme managers asking for my bank details as the client had died unexpectedly and wanted me to receive her death in service lump sum benefit valued at three times her annual salary. Obviously there had to be a mistake; no matter how good a job I had done for her, I did not believe that I could have been the intended beneficiary. Despite the letter that the client had written to me, there was no will and I extracted my old file to re-read the correspondence. It had clearly been the client’s intention for her two children to benefit and she also believed that she had done no more than pass my firm’s contact details to her pension administrator. Fortunately we were able to sort this, but how much easier if the paperwork had been in order.