St. Charles Divorce Law Blog
On behalf of Turken and Porzenski, L.L.C. posted in Property Division on Wednesday, May 16, 2012
An intriguing new study illustrates an increasingly common aspect of divorce in St. Charles and throughout the country. The study shows that more than ever before, women are compelled by divorce courts to pay their ex-husbands alimony or spousal support. Often these days, as divorcing couples divide their marital property and count up their debts and assets, the greater earning power of the wives is factoring largely in the calculations. This observation marks a notable shift in society as well as divorce proceedings.
In a nationwide survey of divorce lawyers, nearly half of the respondents reported an increase in the number of divorced women who are required to pay alimony to their ex-husbands. Additionally, more than 50 percent of the respondents said they had witnessed a spike in the number of women who were paying child support. That means men are more frequently being granted child custody.
On behalf of Turken and Porzenski, L.L.C. posted in Child Custody on Friday, May 11, 2012
If divorcing parents in Missouri are in disagreement over child custody arrangements, there are certain steps a parent is legally required to take before those arrangements can be changed. In other words, neither a custodial nor a non-custodial parent may break the rules of a custody agreement and not be subject to legal action.
Parents in St. Charles will be interested to hear of one case involving a custodial father who is now facing criminal charges for moving his three children overseas without the mother's permission.
On behalf of Turken and Porzenski, L.L.C. posted in Paternity on Friday, May 4, 2012
Paternity testing is a major aspect of many family law cases in Missouri. Sometimes these cases involve a child support or child custody dispute, and other times the individuals involved just want to know the truth.
St. Charles residents who have questions regarding paternity will be interested to hear that a new method has been found to identify a baby's father as soon as the eighth week of pregnancy. Previously, 10 to 15 weeks had to pass before such a test could be run.
On behalf of Turken and Porzenski, L.L.C. posted in Child Support on Friday, April 27, 2012
A plethora of factors have to be considered when parents and family law courts in Missouri decide on how much money a non-custodial parent should pay for child support. In addition to everyday costs, child support calculations might include health insurance, college costs, extracurricular expenses, special medical needs and day care, just to name a few.
Coming to an agreement on child support payments can sometimes be difficult when the non-custodial parent doesn't approve of the decisions the custodial parent is making for the children. Recently, one family in Missouri was working with lawmakers to pass a bill that might have helped parents in child support disputes come to an agreement more easily about where their children were sent for day care. However, the family who inspired the bill has now withdrawn their support of the legislation.
On behalf of Turken and Porzenski, L.L.C. posted in Paternity on Wednesday, April 18, 2012
Gone are the days when it was rare for an unmarried woman to give birth to a child. In our modern culture many babies are born to women who may or may not be in a committed relationship with the child's father. With changing attitudes and cultural shifts, it can be difficult to determine the legal rights that individuals possess in certain circumstances.
One child custody case that brings up some of these issues involves a Missouri woman who gave birth to a child in 2004. At the time, her boyfriend did not have his name on the birth certificate because he was waiting for the results of a DNA test to prove he was the father.
On behalf of Turken and Porzenski, L.L.C. posted in High Asset Divorce on Wednesday, April 11, 2012
Readers in St. Charles will be interested to hear that a court recently threw out a man's appeal to change his divorce settlement six years after the agreement was signed. The case has made headlines mainly because of its connection to the Bernie Madoff scandal but also for the sizable amounts of money involved. Missouri residents who are going through a divorce and have significant monetary assets may want to take note.
In accordance with the divorce settlement, the man's former wife received $6.25 million as part of an equitable distribution of property. However, the ex-husband argued that he and his former wife made a mutual mistake in being defrauded by Madoff for $5.4 million. In other words, the ex-husband argued that he was entitled to half of the $5.4 million which Madoff had taken but never invested properly. In fact, the investment fund didn't even exist.
On behalf of Turken and Porzenski, L.L.C. posted in High Asset Divorce on Tuesday, April 3, 2012
Failed communication has been cited as the top reason for divorce in the United States. That may not be surprising to St. Charles residents who are going through a divorce. But when the lines of communication break down, or when one party tends to dominate the conversation, frustrations too often reach a boiling point that neither person wants to see.
Still, clear communication is an integral part of complex divorce proceedings, especially in matters of child custody, child support and the division of marital property. In addition, an absolute end to communication between former spouses isn't necessarily desirable when children are involved. Nearly all people who go through a divorce in Missouri and throughout the country want peace in their post-divorce lives, and clear communication during and after the divorce can help ensure an equitable division of assets and a caring environment for the children.
On behalf of Turken and Porzenski, L.L.C. posted in Child Custody on Friday, March 30, 2012
Missouri parents who are going through a divorce often find it difficult to come to an agreement on child custody and visitation orders. One parent thinks a particular plan is fair, while the other parent doesn't. In fact, that kind of conflict is normal, even if emotions tend to run high. But parents often have to remind themselves that the process of separation is also a particularly confusing time for the children. That means some careful thought and consideration may be required to ensure a sense of security and well-being for the kids.
Divorcing parents in the St. Charles area may want to make special efforts to let their kids know they have in no any way caused of the separation. Kids have a tendency to feel at fault for a divorce, even if that feeling is nowhere near the truth.
On behalf of Turken and Porzenski, L.L.C. posted in Property Division on Thursday, March 22, 2012
During many relationships that eventually end in divorce, the spouses divvy up household responsibilities according to personal interests and abilities. Usually, one person will oversee the family finances while the other spouse tends to other matters. A couple's particular system can work well for a time, but after a divorce, when marital property has to be divided, each individual may face a learning curve as he or she tries to account for the duties that used to belong to the former spouse.
Individuals in St. Charles and throughout Missouri may be facing a similar situation. If financial decisions were previously left up to a former spouse, divorced individuals often have to confront for the first time the problem of learning how to carefully manage assets. Missouri residents who are facing this issue will want to rely on a few basic guidelines to ensure a solid post-divorce budget.
On behalf of Turken and Porzenski, L.L.C. posted in High Asset Divorce on Wednesday, March 14, 2012
While the divorce rate in America has generally declined over the past two decades, a recent study indicates that for one group of Americans -- those over the age of 50 -- the divorce rate has actually doubled. Readers in Missouri will be interested to hear of a recent study called "The Gray Divorce Revolution," which shows that of all the people who divorced in 2009, one in four was 50 or older.
The statistics appear in a paper written by two sociologists who refer to the divorce trend among older Americans as the gray divorce revolution. These divorcing couples have not only accumulated more years than many younger people who get divorced; spouses over 50 are also more likely to have accumulated significant monetary assets. This factor and others can present specific kinds of challenges for divorcing couples in Missouri and throughout the country.
