Earlier this month, authorities arrested and charged the woman with second-degree child endangerment. The charges came after a school nurse noticed a rash on the woman's daughter. Child services was notified after the young girl said the rash was from going tanning with her mother. After the woman was taken into custody, a potentially temporary change of child custody occurred, placing the 5-year-old under the protection of her father.
]]> According to the woman, her daughter received the sunburn while outside. She admitted that her daughter was in the room with her at the salon but added that she would never allow her in the tanning booth. She pleaded not guilty to the charges of child endangerment and posted a $25,000 bail, allowing her to be released.According to New Jersey law, no one under the age of 14 is allowed to use a tanning booth. Reports indicate that the City Tropics tanning salon in Nutley is at the center of this controversy. The owner of the salon said that the business is not being threatened with further investigation by any local or state health departments. According to him, several different agencies came in to investigate, finding the place in an ideal condition.
He added that if the 5-year-old had entered into a standup unit for half of the time that her mother is accustomed to, she would need treatment for burns.
In a comment with Good Morning America, the 44-year-old woman said that she has been tanning her entire life.
If she wants to continue tanning, she may have to head further away from home. According to reports, at least four tanning salons in the Nutley area have banned her from their premises. One chain has even posted a photograph of the woman so employees can recognize her and ask her to leave.
This story serves as a reminder that child custody depends on the best interests of the child. If a court finds that a parent is putting a child's life in danger, the parent stands to lose visitation and custody rights.
Source: ABC News, "N.J. 'Tanning Mom' Reportedly Banned From Salons," Katie Kindelan, May 9, 2012
]]>In New Jersey, the documents that divorcing spouses have to file are called case information statements. And it's important to be honest when filling out the documents. A divorce expert who advises people on financial matters said that although the process may seem daunting, it's important for the financial picture to be accurate.
]]> This includes going through credit card statements, utility bills, investment account statements, bank statements and other expenses, because it could make a huge difference when a judge makes a ruling. The expert said that many people find the process too draining and will simply estimate, but that can lead to different numbers on spouse's statements.It's important to be accurate because the statements are filed under oath, which means anything a judge determines could be intentionally misleading could lead to perjury or contempt charges. In acrimonious divorces, people sometimes hide assets from spouses, but this step is designed to help eliminate the temptation.
The expert also notes that the case information statement can always be revised, including after it has been filed with a judge. If circumstances change, it's important to report it.
Once again, if the divorce is contentious, it's important to be honest in financial statements, because it can make a huge difference in the awarding of alimony and child support. Don't put the process off and don't estimate.
Source: Forbes, "The Five Key Points Divorcing Women Need to Know About Financial Affidavits," Jeff Landers, May 9, 2012
]]>The couple met in graduate school. Court documents show that they married on July 4, 1992, and filed for divorce in October 2007. With three children ranging in ages from 5 to 10 years old at the time, handling the divorce amicably would have been ideal. Instead, allegations of infidelity, drug use and electronic bugging surfaced.
]]> During the early stages, the couple seemed like it was easily negotiating the division of $71 million in cash, stock, real estate and other assets. Properties included a $5 million, five-bedroom home, a piece of land valued at $1 million, two condominiums and a $6 million vacation home.The husband had worked as an investment banker. At one point during his time with the trading firm, he managed to make $1.5 million per year. He had stopped working while in his 30s. Other assets included his five motorcycles and his memberships to several exclusive clubs. A Marquis Jet account with 8.8 hours was listed as an asset as well.
Court filings indicated an early settlement that had worked most things out. At the time, the woman was still in charge of Yahoo. In 2009, a confidential letter between the parties' attorneys accused her -- she stepped down that same year -- of drug use, extramarital affairs and spying on her husband.
Both parties admitted to making certain statements and allegations that were reckless and highly inflammatory, according to a joint statement made by the couple. Their remorse is indicative of the harm that they realized they were causing to each other and their children. It should be a learning experience for other couples.
Source: Mercury news, "Ex-Yahoo president, husband settle bitter divorce case," Gary Klien, Apr. 22, 2012
]]>For New Jersey couples battling over property division, spousal support or child custody, it's important to remember that what may seem like a harmless party photo posted to Facebook or a tweet about a fun weekend could have a big impact on divorce proceedings.
]]> According to one New Jersey family law attorney, one woman who had already been divorced for a few years used photos her husband posted online of him and his friends drinking while their minor child was present to win custody.One of the most important pieces of advice to think about when using social media if going through divorce proceedings is to think about what you are posting before actually hitting the "post" button. If you think it's something that could get you in trouble, then maybe it's not worth sharing.
An attorney also recommends keeping your online distance from your ex and his or her friends. With divorce often being an emotional process, the less an ex or soon-to-be-ex can see of you, the better.
Social media sites also often include location tagging, so one valuable lesson is to skip updating your status or posting pictures until you are at home. You would not want to accidentally reveal your location if it's someplace that an ex could hold against you.
Source: The Huffington Post, "Don't Let Social Media Sabotage Your Divorce," Bari Zell Weinberger, April 24, 2012
]]>One woman, who was a member of the Orthodox Jewish community in New Jersey for years, was forced into an arranged marriage as a teenager and endured years of living with an abusive husband. When she decided to leave her faith and community behind, leaders warned her that she risked losing custody of her children, because most judges would probably give custody to the parent who would provide a stable environment, which means remaining in the religion the children were raised in.
]]> The woman was fortunately able to retain custody of her children, but she started a nonprofit organization for women who want to leave arranged marriages because others have not been so lucky.She told the story of another woman who was pressured into letting an Orthodox Jewish court arbitrate her divorce. Government courts are likely to go along with those rulings if both parents agree to them, even if one spouse felt pressured into accepting the rulings. The woman is still locked in a custody battle.
In the United States, people should be free to live how they want without interference from religious bodies. If a woman wants to leave her faith and take her children with her because she feels it's not a safe environment, then she should be able to do without fear of reprisal.
Parents in this situation should reach out to a family law attorney, who can help put together a case and protect the parent's and child's best interests without intimidation.
Source: Newark Star-Ledger, "Among N.J. Orthodox Jewish women, child custody fears form barrier to freedom," Fraidy Reiss, April 15, 2012
]]>Married for 33 years, the couple had accumulated much of their assets and wealth while operating as attorneys. Out of the $13.5 million the couple shared, $5.4 million was invested with Madoff. The husband had decided to keep many of his assets invested with Madoff, while the wife opted to receive her portion of the settlement in cash. When the Ponzi scheme was revealed, the husband lost much of his wealth.
]]> This man and many others have been left without a large portion of their former wealth. Upon realizing that he had lost the money, the man asked his former wife to revise the divorce agreement, but she refused. He then decided to sue her.A lower court originally ruled that he could do so. He pursued this route until an appellate court said otherwise. According to a judge presiding over the appeals case, the agreement was carefully and extensively negotiated and is, therefore, not an exceptional situation that requires a reformation of the settlement.
According to him, the wealth invested with Madoff should not have been included in the divorce settlement because it did not exist. The court said that the man had until December 2008 to redeem his investment, when the Ponzi scheme was revealed, and thus it was considered a marital asset.
This case has intrigued many legal experts as of late. If the man was allowed to sue, the precedent could have destabilized countless contract disputes involving the Madoff case. But for divorces, if one is having trouble meeting his or her obligations, alimony and child support agreements can be revisited.
Source: New York Times, "Court Says Madoff Victim Can't Redo Terms of His Divorce," Peter Lattman, April 3, 2012
]]>Withholding a get is a rare occurrence. Social pressures from other Orthodox men and women often persuade husbands to authorize the religious divorce by giving permission to their former wife. But some husbands do refuse. By using this as leverage, some have managed to have alimony payments lowered or child custody arrangements altered. This may be the case for the aforementioned aide.
]]> Members of the Orthodox faith are calling out to the politician to pressure his aide into giving his wife the get that they believe she deserves. The couple is already legally divorced, but since she is not divorced in the eyes of her religious community. Some have gone so far as to call the situation a form of domestic abuse and have used the Internet to attack his public identity.Advocates for the aide's wife are demanding that the congressman find a way to see that his aide finalizes the religious divorce with his wife. Experts believe that this is illegal, because it would violate the man's religious freedom. Many believe that the congressman will not agree to pressuring his aide, but the social pressures created by media outlets and social networks may be enough to see the divorce finalized.
The struggle highlights the need for couples to try and work together when divorcing, especially when children are involved. It is possible to reach an amicable resolution.
Source: Slate, "To Give and To Get," Mark Oppenheimer, Mar. 26, 2012
]]>The bill was inspired by a man from Tinton Falls, N.J., who was embroiled in a five-year child custody battle to get his son back from Brazil, after the boy was taken there by his mother.
]]> The mother took the then 4-year-old boy on a trip to Brazil and never came back. She later died in childbirth after remarrying, but it was still a struggle for the man to get his son back. They were fortunately reunited in 2009.The bill would give the government the power to take more decisive action against countries like Japan, which has not signed off on an international treaty regarding child custody and parental abduction. The bill would give authority to levy trade and credit suspensions against offending nations. The 1980 Hague Convention was designed to not allow parents to take children to another country until a court has ruled on custody.
According to the U.S. State Department, between 2008 and 2010, there have been more than 3,200 abduction cases that have involved approximately 4,700 children.
One New Jersey grandmother agrees with the need for action. She hasn't seen her grandchildren in three years, after her son's wife took the couple's children to Japan and has not allowed any visits since. The man's wife had an affair while he was serving in Iraq.
The issue is definitely a tricky one, and a conventional court battle is not likely to resolve the problem. But parents who have lost a child to abduction by the noncustodial parent should work with an attorney and the government to determine the best course of action to take.
Source: The Daily Record, "International N.J. custody dispute spurs legislation for sanctions," Malia Rulon Herman, March 27, 2012
]]>With the economy still in recovery, these costs can add to the financial struggles of an individual. One man who experienced this created a website to work toward alimony reform.
]]> In 1995, he and his wife divorced. They had been married for more than two decades and had two daughters who were adults at the time of the split. The man realized that alimony would be part of his divorce. He also knew that the assets would be divided and that he would have to provide health insurance for a period of time, so that his former wife could begin to support herself.The trial for their divorce took three days, but a judgment was not made until 10 months later. The man had racked up almost $150,000 in legal fees and was then told that he would have to pay $865 per week in alimony for the rest of his life. Then, the economy took a turn for the worse.
His business was hurt and he could no longer afford to make the payments to his wife. He acquired a considerable amount of credit card debt and later had to file for bankruptcy. He then went to court to have his payments altered, but the judge removed herself from the case and the process had to begin again.
Slowly but surely, his organization began to grow and now has a considerable amount of attention on it. A new law has since changed the way alimony works in the man's home state. The more exposure the problem receives, the likelier it is that New Jersey lawmakers will take action.
Source: CNN, "New law stops injustice of paying alimony forever," Stephen Hitner, Mar. 11, 2012
]]>But a shift may be occurring. Many people own pets, and judges are beginning to realize the emotional attachment that these individuals have with their animals. This emotional attachment, in some cases, can be equated to the attachment that parents have with their children, and it means that custody determinations are often taken seriously.
]]> Even though the mentality toward animal custody is changing, it does not always mean that the agreements made are protected under law. This means that former couples need to abide by their settlements, even after the relationship ends.In one such case, a couple broke up in 2006. The duo worked out a shared custody plan, even though it was long-distance, for their dog. Now, the two live in the same city so the dog does not need to be flown back and forth.
Another couple separated and had a child and several pets. They have been separated for six years and were married for 16, so the emotional attachment they had for their pets was likely palpable. Now, the couple lives two miles apart so it is rather simple to share custody. The man in this couple said that he had to learn how to concede to make the situation work well.
Fortunately for New Jersey residents, a state appellate court ruled in 2009 that people going through divorce can argue that pets are worth more than being treated as a marital asset to be given to one partner in a property division. The court ruled that pets hold sentimental value to owners, which many times is worth more than monetary compensation.
Source: Associated Press, "Divorce lawyers; Pet custody cases increasing," Sue Manning, Mar. 4, 2012
]]>The division of property can be an expensive process, depending on what side of the division you are on. For those in New Jersey who have recently come into wealth, a sudden divorce -- depending on how long the marriage has lasted -- can see a lot of those riches taken away.
]]> The relationship has reportedly been on and off throughout the years, with the woman caring for the children. Recently, they were together again, but the couple has never gone through with a divorce.Earlier in the month, the man called his wife and made a strange request, according to her. She says that he asked her if they could finalize their divorce. Her supposed response may have caught the man off guard: She asked if it was because he had won the lottery. She then went on to say that he denied winning, but eventually admitted to it.
Now, she wants a part of the nearly $16 million lump-sum payment that he won for her and the two children. If the couple decides to divorce, they will have to come to a settlement. If they cannot reach one, then a court will have to determine how expensive the divorce will be.
Source: Louisville Courier Journal, "Hoosier Lotto winner's estranged wife wants share of jackpot," Feb. 28, 2012
]]>Along with the young girl, the couple lost two other children, ages 5 and 6, who were half-siblings of the girl. All three children went to live with their maternal grandmother -- not the paternal grandparents who have been trying to help the girl -- but they were removed by caseworkers approximately one month later after suspicious people were present in the home. The girl landed in foster care.
]]> During an attempt to see their daughter returned to them, the girl's parents tested positive for drugs. Later, her father was again charged with domestic violence.The Department of Children and Family Services in Florida -- where the young girl had been residing -- looked to her paternal grandparents to see if they wanted to take the child in. According to a caseworker, the two seemed reluctant at first because they did not want to take away the possibility of their son regaining custody of his daughter.
In 2010, the couple had decided that they wanted to adopt the girl because they no longer believed that their son could get his act together. At the ages of 67 and 71, several people said the couple should reconsider. Despite opposition, the couple initiated a home study through officials in New Jersey and started taking parenting classes.
Even with all of this preparation, a well-known judge terminated their chances for adoption in December 2010, ruling that the couple would not be able to protect the young girl from their son.
Complications in the process have arisen over and over again. Some foster parents have said that they wanted to adopt her only to change their minds later. One person made it to the final adoption hearing but then cancelled it.
Source: Tampa Bay Times, "Doors close on grandparents' adoption fight as judge doubts their willingness to sever ties with son," Leonora LaPeter Anton, Feb. 19, 2012
]]>This case has brought to light another case involving a similar situation with another man and the same woman. This man, from Hoboken, New Jersey, is considered a victim of domestic violence. Supposedly, she had become quite aggressive with him at some point after their relationship had ended after only three weeks and he acquired several restraining orders against her.
]]> The relationship ended, but she apparently refused to believe it. In one weekend, records show that she had sent him more than 200 text messages. She has not been allowed to contact him since.According to a prosecutor, the woman appeared in Hoboken and kicked in the door where the man was staying. This is when she allegedly became aggressive with him and made him fear for his life. She was violating multiple restraining orders at this point.
The torment that the man supposedly experienced at the hands of this woman lasted for more than two years.
She eventually confronted the man's mother about the affair the two were having, and was charged with fourth-degree criminal trespassing and pleaded guilty. This came with a 40-day period spent in jail and three years on probation. When she was arrested recently in the Yankees affair, she violated her probation. Once the extortion case is resolved, prosecutors will likely pursue charges for this violation of her probation.
Family law attorneys know how to get restraining orders and orders of protection against someone who is exhibiting dangerous behavior toward another. Importantly, gender is not relevant, and the law protects both men and women equally.
Source: New York Daily News, "Cashman gal pal tormented N.J. man for 2 yrs.," Kerry Wills, Glenn Blain and Janon Fisher, Feb. 10, 2012
]]>In many cases, it would behoove people going through divorces to have a "lifestyle analysis" prepared by a financial planning expert to aid them in completing the Case Information Statements. The financial professional will meticulously examine tax returns, bank account statement, brokerage account statements, credit card statements, credit reports and other financial documents the client provides to paint a picture of the couple's standard of living for the court. The lifestyle analysis will demonstrate the couple's day-to-day expenses and the spending habits of each party.
]]> The lifestyle analysis can help the court more clearly understand the couple's finances, which is critical because one of the factors that the court considers when making alimony awards is the standard of living to which each party was accustomed during the marriage.A thorough analysis of a couple's finances may also reveal assets that one spouse was hiding from the other, and help ensure that all of the couple's property is included when the court divides the property. The lifestyle analysis may also show that one spouse was dissipating marital assets during the marriage without the other spouse's knowledge.
Going through a divorce is one of the most stressful things a person can experience. It may seem overwhelming to try and wade through financial information in the middle of such an emotionally charged event, but people should do so in order to secure their futures and preserve what they have worked so hard to build.
Source: Forbes, "Why a Lifestyle Analysis Is So Critically Important For Divorcing Women," Jeff Landers, Feb. 14, 2012.
]]>Information gained through the use of GPS technology will be relayed to the victim and law enforcement in the area. This means that both the victim and authorities will be able to act on the situation faster, perhaps giving them the time to prevent any serious injuries or fatalities from occurring.
]]> A device will be provided to victims so that they can know when their convicted assailant or assailants are approaching. Details about how many times offenders will have to violate restraining orders before this is ordered were not released. All that was said is that judges would be allowed to order this to anyone with a history of repeat violations.A state assemblyman who is co-sponsoring the bill said that the tactic is already used in other states. It allows a victim's safety to be reaffirmed, giving that person more of an ability to return to a normal life. Looking at data from other states, the assemblyman said the recidivism rates of individuals on GPS monitoring were considerably below the national average of those who weren't monitored by GPS.
Though this may be designed to increase the safety of victims, it will likely be met with some resistance. Some will likely question whether using GPS monitoring is constitutional.
The bill has been sent to the state Assembly Appropriations Committee, one step closer to being considered by the full General Assembly. But until the law passes, victims of domestic violence need to continue to seek help, and that includes contacting police and a family law attorney, who can help with obtaining a restraining order.
Source: News Works, "N.J. considers allowing victims of domestic violence to monitor offenders," Phil Gregory, Feb. 7, 2012
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