RONALD KAUFFMAN > BLOG > 2017 > January

Month: January 2017

Big News on Pet Custody

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, January 30, 2017.

Who gets the dog in a divorce? Although pets are more like family than property, divorce courts have treated them like chattel. But in a new twist, Alaska changed its law to allow for pet custody rights.

As the Washington Post reports, although pet custody battles are often passionate and sometimes truly wacky, courts think of them more prosaically: as part of the “property distribution” in a divorce.

As of January 17, 2017, courts in Alaska will begin granting custody of pets when their humans divorce. This is a dramatic change, because four-legged family members are traditionally classified as “property.”

The amendment makes Alaska the first state in the country to require courts to take “into consideration the well-being of the animal” and to explicitly empower judges to assign joint custody of pets. In a blog post, the Animal Legal Defense Fund called the well-being provision “groundbreaking and unique.”

I’ve written about Florida and pets in divorces before. Your chocolate lab may be considered a member of the family to you, but under Florida law, “Brownie” is merely chattel – personal property to be divided in divorce. A judge lacks authority to grant custody or award visitation or a timesharing schedule to personal property.

As the Alaska amendment shows, there is a shift occurring in our society in which the pet is considered more a member of the family and becomes a part of the battle when the family disintegrates.

Some people argue that pets should stay with the children; others think they should remain with whoever purchased them, or whoever was their primary caretaker.

Often couples purchase pets with shared money, but rarely do people want to be “bought out” of their share of Fido, as might happen with a car or a house.

The Alaska amendment was sponsored by former representative Liz Vazquez (R) and the late representative Max Gruenberg, a Democrat and family lawyer who told the Associated Press in 2015 that he’d once handled a divorce that resulted in joint custody of a sled dog team.

The Alaska bill also allows courts to include pets in domestic violence protective orders and requires the owners of pets seized in cruelty or neglect cases to cover the cost of their shelter.

The Washington Post article is here.

Divorce Lawyers Behaving Badly

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, January 23, 2017.

A New York appeals court has upheld a $10,000 sanction against an attorney for bad faith conduct in handling his own divorce.

As the U.S. Supreme Court has found:

“[t]he adage that a lawyer who represents himself has a fool for a client’ is the product of years of experience by seasoned litigators.”

Divorce is a specialized area of the law, with its own rules and ways, most lawyers who attempt to represent themselves find themselves ill-equipped to competently handle the procedural or substantive aspects of their divorce cases on their own.

Also contested divorces are almost guaranteed to be emotionally charged, so a self-represented lawyer may be hard-pressed to summon the level of rational thought and independent judgment that is required of a capable litigator.

In a New York divorce case, an attorney representing himself was found to have used his pro se status to inflict harm on his wife, their child and the court, and in so doing cause significant harm to himself. The court found:

the attorney’s ill-advised behavior seriously calls into question his fitness to practice law. It is also, according to defendant and the attorney for the child, indicative of a personality that makes plaintiff incapable of properly parenting the parties’ child.

The first judge, in Washington D.C., also found:

That a motion the attorney brought was “replete with intemperate and uncivil language about which the Court previously cautioned him” and that “much of the matter . . . is redundant, immaterial, impertinent, or scandalous.”

On the front of the copy of the reconsideration motion that the Husband filed, a handwritten note was attached that stated:

“You’re pathetic! (Judicial Complaint forthcoming).”

Then, to a New York judge – after the case was transferred from D.C. – the lawyer is reported to have said:

I just want to make it known on the record that I am tired of the lies coming from the court and tainting of the record, knowing full well this is going to go to the Appellate Division.

I’ve written about courtroom behavior before. Divorce turns spouses against each other, to view each other with suspicion, and as enemies. Not surprisingly, good relations after the divorce seem unlikely, and future friendships seem impossible.

It takes a lot to make up with the person who may have ruined your life, or who has become public enemy #1.

The decision is available here.

Speaking on Interstate & International Custody

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Interstate Custody on Friday, January 20, 2017.

I will be speaking next Friday at the Marital & Family Law Review Course in Orlando, Florida on interstate child custody, interstate family support, and the Hague Convention on international child abductions.

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Parents move from state to state for various reasons. It is a matter I have written about too. Whether children are moved by parents wrongfully or not, moving creates interstate custody and child support and spousal support problems. The Uniform Child Custody Jurisdiction and Enforcement Act, and The Hague Convention on Child Abduction, can work together in those cases.

I am honored to have been selected to speak at the 2017 Marital & Family Law Review Course is considered the premier advanced, continuing education opportunity for marital and family law attorneys and judicial officers in Florida, and is co-presented by The Family Law Section of The Florida Bar, and The American Academy of Matrimonial Lawyers (AAML).

More information and registration is available here.

 

Divorce to Save Taxes?

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Taxes on Tuesday, January 17, 2017.

If you were divorced as of 11:59 p.m. on December 31st, you can file as single for the entire year. High-income married couples can get hit with the “marriage penalty” because their combined incomes put them in a higher tax bracket.

As Marketplace reports, filing “single” could be better for you, and every cent counts. Some can be better off filing “married jointly”, but sharing any tax savings sharing information with your soon-to-be Ex, may make filing “single” your choice.

I’ve written about divorce and taxes before. The 2012 American Taxpayer Relief Act made permanent the Bush-era expanded standard deduction, and the expanded 15% bracket for joint filers.

But for high-income earners, the 2012 law raised taxes on couples making more than $450,000, and individuals making more than $400,000. As it turns out, some couples found out they could save over $25,000 a year if they divorced.

Think about that for a second. If you could save over $25,000 a year in taxes, you could take a trip to Italy, ski Deer Valley, put a little cash away for college, and still have some mad money to spend just by divorcing and turning their marriage into a long-term relationship.

As Marketwatch further reports, speedy divorce seekers beware: judges can deny you an expedited divorce if you are looking for a quick split – even if that would mean over $25,000 in tax breaks.

There are also a lot of risks though, known and unknown. Consider how a divorce will impact your relationship. There is no fake divorce. Once the court signs the final judgment, you are divorced. IRS rules regarding your filing status have something to say.

In addition, there are estate planning issues, retirement and social security complications, and many other issues besides the mere tax savings.

The Market Watch article is here.

It’s Not You: New Year’s Divorce Rush

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, January 12, 2017.

You are not alone. Divorce filings surge in January as people decide to start their New Year with a clean slate, helped by a stressful holiday period and, perhaps, even more stressful in-laws.

As Market Place reports, being cooped up in a house for several days when a marriage is experiencing serious problems – while dealing with the pressure to put on a happy face for the kids and visiting relatives – takes its toll on the most stoic of couples.

I’ve written about the recent rise in divorce filings, and many times the holiday season can highlight problems. What should you do? Whatever the reason for your problems, there are a few things that anyone looking into divorce for the first time needs to know to help them through the process.

Prioritize

Line up your priorities for life after the divorce. Is it finding a home? Is it retiring? Getting a job? Managing your special-needs child? Consider writing down your most important goals.

Consult

Even if you aren’t certain you need to hire an attorney, or filing for divorce at all, it is a good idea to meet with an expert in Florida’s divorce and family laws. Who better than someone certified by Florida as an expert in marital and family law? We offer free consultations, but even when there is a charge, it is well worth the fee to get accurate information.

Alternatives

Litigation is something to avoid. It’s time-consuming, contentious and expensive. The majority of divorces end up settling. There are many forms of alternative dispute resolution out there, including collaborative divorce, mediation, and informal settlement conferences.

As Market Watch further reports, there is good reason for treating a divorce like a calm business deal. Don’t rush to file. Think about your end game. Many people file quickly out of anger perhaps after learning of a spouse’s misconduct. But it’s better to be strategic.

No one should make such a big financial decision when they are feeling tired and emotional. And divorces are one of the biggest financial decisions of your life.

Divorces are up there with getting married and buying a home. There’s one big difference with divorces though: They can be devastating for your finances, especially if your partner earned more money and the couple are forced to sell their home.

The Market Watch article is here.

Prenups and Your Idea for a Killer App

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Agreements on Monday, January 9, 2017.

The New York Times reports that a growing number of people are signing prenuptial agreements to divide their intellectual property: things like iPhone app ideas, songs and restaurant concepts.

Protecting your ideas and future income – rather than on current salaries, real-estate and personal property – makes perfect sense in an age when intellectual property is so highly valued.

Employers increasingly require employees to sign away all future ideas and opportunities to compete with the company and divorcing partners too hope to keep these assets in case of a breakup.

I’ve written about prenuptial agreements before. Prenuptial agreements, or “prenups,” are contracts entered into before marriage that outline the division of assets in case of divorce or death.

Prenupts, and Post-nups (agreements entered after a marriage) resolve things like alimony, ownership of businesses, title of properties, and even each spouse’s financial responsibilities during the marriage.

There are many other concerns that can be addressed in a prenup: Caring for a parent; Going back to school; Shopping habits; Credit card debt; Tax liabilities; and even death or disability.

In the world of intellectual property, interpreting prenups for future intangibles is difficult: What did the parties actually mean to include? How are amorphous ideas and innovations to be valued?

There are dangers with this new prenup trend. Consider the example of a wife holding a steady job while the husband works on his app. They share the risk now, but if they divorce, the husband reaps the rewards of his intellectual property, and the prenup could ensure his ex-wife gets nothing.

Intellectual property – including music, art, literary works, films, scientific and medical developments, technology – is normally protected against third parties by copyrights, trademarks, patents and trade secrets.

But among couples, a need has developed to protect “ideas” conceived by either a bride or groom who see him or herself as the next Mark Zuckerberg. In the event of a divorce, these couples want protection for what may be each person’s most valuable asset – the product of their intellect or invention.

The New York Times article is here.

Upcoming Speaking Engagement

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Speeches on Wednesday, January 4, 2017.

For any readers who may be interested, I will be speaking at the Marital & Family Law Review Course in Orlando, Florida on Friday, January 27th, on interstate child custody, interstate family support, and Hague Convention child abductions.

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The 2016 Marital & Family Law Review Course is considered the premier advanced, continuing education opportunity for marital and family law attorneys and judicial officers in Florida, and is co-presented by the Family Law Section of The Florida Bar, and The American Academy of Matrimonial Lawyers (AAML).

More information and registration is available here.

Divorce and Your Data

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Tuesday, January 3, 2017.

As former congressman Anthony D. Weiner and his soon to be ex, Huma Abedin, a top aide to Hillary Clinton found out, your data is not secure during divorce.

The New York Times reports that no matter a person’s level of technical skill, it can be difficult to hide digital behavior from a spouse, a spouse’s lawyers or, in Mr. Weiner’s case, federal investigators.

In August, Ms. Abedin, one of Mrs. Clinton’s closest aides and confidantes, informed her husband, a former congressman and mayoral candidate, that she wanted to separate after his latest sexting scandal. A federal investigation of Mr. Weiner revealed a trove of messages, including some belonging to Ms. Abedin.

I’ve written about the intersection of online social media and divorce before. In divorce proceedings, lawyers and investigators routinely mine public social media profiles for a glimpse into the activities of the client’s spouse.

But their investigations go far beyond that, as they sift through whatever data they can legally obtain for signs of hidden assets or to catch the spouse in a significant lie. Lawyers are likely more focused on questions of finance and child custody than lurid questions of adultery or betrayal.

Even so, a computer “tells you everything about a person’s character,” said Brook Schaub, a forensic analyst and licensed private investigator at the accounting firm Eide Bailly. It has “become the file cabinet, the stationery, the social networking, the everything,” he said.

The data that can become publicly available depends largely on the individuals’ penchant for privacy and how careful they have been. Even those who value privacy during the relationship are at risk of the former spouse finding sensitive data.

The first steps taken after the divorce process begins can be critical. Some recommend that clients create a new email account, stop sharing calendars and turn off the ability for apps on their phones to track their locations.

Someone committed to finding embarrassing or otherwise discrediting information about a spouse can most likely find a way, especially if he or she is willing to flout the law. Such revelations may not be admissible in court, but they could bring professional ramifications or personal embarrassment.

But there are also fully innocent and legal ways that a spouse can gain access to what was thought to be private data, especially among those lacking savvy with their technology.

As an example, a text message could go simultaneously to a phone and an iPad that was left with children or a former spouse, something many people forget or don’t know, especially if they didn’t set the devices up themselves.

The New York Times article is here.