Tag: breast surgery and divorce

Can Divorce Privacy Fly?

Posted by Ron Kauffman on

Singer R. Kelly no longer needs to wonder can divorce privacy fly in his case. We now know his legal name is Robert S. Kelly, and a lot of embarrassing information he wanted kept private. Although the files were initially sealed by the court in his divorce case, they have been opened to the public by an appellate court.

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Surviving R. Kelly’s Divorce

In 2006, R. Kelly filed a petition to dissolve his marriage with wife Andrea. In June 2013, the family court entered an agreed order directing that the entire court file be sealed because of a “serious likelihood of the media culling through the record for the purpose of revealing painful, potentially scandalous, details.”

In 2019, radio station WBEZ and the Chicago Tribune filed a joint motion to access the sealed court files after a more than $160,000 in unpaid child support landed the singer in jail, and just three weeks after Kelly was jailed while gathering the cash to post bond on criminal sexual abuse charges tied to allegations by four women.

Kelly and his former wife have been battling over finances for more than a decade, with the embattled R&B singer and his reality TV star ex each claiming poverty at times, the unsealed divorce filings show.

Among other revelations, Kelly was repeatedly accused of falling behind on child support and he sought to reduce them, claiming he had seen a “steady decline in his popularity” due in part to his “age, drastic decline in record sales, increased album purchase prices …. and the overall economic downturn.”

In response, Andrea Kelly tried to have his child support payments increased, saying he had “gone to great extents” to hide his income and assets. She also noted in the filing that her pay from the reality TV show “Hollywood Exes” wasn’t sufficient to pay the bills.

Kelly’s attorneys revealed that the singer faced a tax liability of more than $7 million and that the mortgage on his house in suburban Olympia Fields — often mentioned as the site of his alleged improper sexual encounters with teenage girls — had been foreclosed.

As long-standing allegations of predatory sexual behavior against Kelly gained public attention, his former wife accused him of withholding payments as punishment for her speaking out about his alleged abuse. In turn, Kelly has said her public allegations have made it difficult for him to earn money.

Florida Divorce Privacy

I’ve written on divorce privacy issues before. Divorce privacy is an issue that comes up a lot. Divorces in generally, and court records themselves, are public events, and the filed records of court proceedings are public records available for public examination.

Both the public and the media can challenge any closure order by filing the appropriate motion in court. The closure of court proceedings or records should only occur when it’s necessary to comply with established public policy, to protect trade secrets; or to protect children in a divorce among other reasons.

In addition, Florida has new rules protecting sensitive data from public view. This includes protecting Social Security, Bank Account, Debit, and Credit Card Numbers because if those numbers are included in a document, they may become part of the public record.

If information is absolutely required, there is a rule with procedures for sealing and unsealing of court records. Also, the Clerk of Court has the authority to redact or make confidential only specific information.

If sensitive information has already been filed in Court Records, you must complete and submit a “Notice of Confidential Information Within Court Filing” in order to remove or seal it.

“When a Woman’s Fed Up”

Andrea hinted at the long legal tussle in comments for the Lifetime documentary series “Surviving R. Kelly,” which featured multiple women accusing Kelly of wrongdoing and amplified the wave of public backlash against the singer.

“People think that I’m living this great, lavish life, but they don’t understand,” she said. “… People just think oh, you know, she wants to come forward now because the checks stopped. … The checks have been over for a very long time.”

Originally, the family court order allowed public access “to the entire court file, including the redacted documents and noting the sealed documents” beginning on August 13, 2019.

But then the court clerk placed material in the public file that the court had ordered to be sealed and the court thereafter restricted further access in the best interest of the children.

WBEZ appealed and the appellate court reversed finding the right of the public to review court records is supported by constitutional guarantees and case law.

“Litigation is a public exercise; it consumes public resources. It follows that in all but the most extraordinary cases complaints must be public. Consequently, judicial proceedings in the United States are open to the public.

Access to judicial records is not absolute, and every court has supervisory power over its own records and files, so it may deny access at times. The party opposed to public access must establish both that there is a compelling interest favoring a closed file and that the protective order is drafted in the least restrictive manner possible.

One scenario in which a court may deny public access is where the court finds that a public hearing may be detrimental “to the child’s best interests.” In a dissolution of marriage case, the court may order the sealing of records of “any interview, report, investigation, or testimony.

Here, the appellate court found redacted documents that didn’t contain confidential information relating to the parties’ children’s medical care, nor otherwise support the court’s concern for the best interests of the children.

The documents also did not refer to a child of either party, and they didn’t provide sufficient information to identify any specific other child. At best, redaction merely protected R. Kelly from embarrassment, which is an impermissible basis to withhold material from the public.

In light of the strong public policy in favor of public disclosure of judicial proceedings, we therefore hold that the circuit court abused its discretion in redacting paragraphs 26-29 in the body of count II of the March 2014 motion, and the corresponding prayer for relief in count II.

The Reason article is here.

*Photo credit Andrew Steinmetz

 

Set Up a Divorce Plan

Posted by Ron Kauffman on

USA Today reports that few people marry and then plan for divorce or death. But based on recent statistics, that is precisely what we should do. What are some things you should do to set up a divorce plan?

Set Up a Divorce Plan

The Statistics

Consider this: The average age of a widow in the U.S. is 59 and women divorce for the first time at age 30 (on average). Add to those statistics the fact that men tend to die five years before their spouses (76 for men versus 81 for women).

Most people have heard the statistic that “50 percent of marriages end in divorce.” That statistic seems to have originated in the 1980’s. Today, it is thought approximately 42-45% of marriages in the United States end in divorce (this does not include legal separations).

But when you break that down by number of marriages, you get some interesting additional facts. For example, while 42-45% percent of first marriages end in divorce, for second marriages around 60% end in divorce. Third marriages? Roughly 73% of third marriages end in divorce.

Planning

I’ve written about things to consider when planning for divorce before. The divorce statistics mentioned above really call for you to set up a divorce plan. A divorce plan should reflect goals, and the USA Today article has some excellent things to consider.

Get a planner

While most people run to a marriage counselor, what you may really need is a financial planner. Research shows that when the “money spouse” dies (typically the male partner), the “non-money spouse” ends up firing her investment manager over two-thirds of the time.

Review your Documents

Review your trust agreement every few years; if you don’t have a trust, get one. You may quickly realize your trust is outdated and go through a costly revision at just the time when you don’t need the added headache and hassle.

Keep 401(k) and IRA beneficiary forms. The bank may lose your beneficiary forms through the passage of time and through mergers and acquisitions.

Use a virtual binder

Consolidate your financial life on an aggregator.  Think of an aggregator as a virtual binder with a vault. All of your assets and liabilities feed into this software, and you have a real-time picture of your net worth and income from all sources.

Get a Postnup

These days, the postnup has become more important than ever. People are marrying when they are older, and better informed about the implications of marriage. Many people have married before. Because the divorce statistics for second and third marriages shown above are so high, more people are looking to sign postnuptial agreements.

The USA Today article on how to set up a divorce plan is here.

 

Divorce to Save Money?

Posted by Ron Kauffman on

The Hill reports that a Texas couple may divorce to save money in order to pay for their daughter’s rising health-care costs. There are times when people have divorced “on paper” to save money, but is this a good reason and does it work?

Divorce save money

Health Care Scare

Can you divorce to save money? Jake and Maria Grey may try. They told NBC’s “Today” that Brighton, the older of their two daughters, has Wolf-Hirschhorn syndrome, a developmental disability that requires 24/7 care.

“We shouldn’t have to make that sacrifice to get our child Medicaid!”

They said they spend thousands of dollars annually out of pocket, even though Jake Grey has private health insurance. The couple added that they are considering divorcing to save money so that Maria Grey can qualify for Medicaid as a single, unemployed mother.

Divorce to Avoid Penalties

I’ve actually written about a similar issue, namely: divorcing to save money on taxes by avoiding the marriage penalty tax. Back when the 2012 American Taxpayer Relief Act was passed, it 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 couple’s 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 your marriage into a long-term relationship.

Divorcing on Paper

There are a lot of risks though, known and unknown to divorcing on paper but staying together. I would encourage anyone considering a “divorce on paper” to think about a few things:

  • The impact on your relationship. I don’t know of a good way to ask for a divorce: “Honey, I want a divorce. No, no wait, come back, it’s to save big bucks . . . really!”
  • There is no fake divorce. Once the court signs the final judgment of divorce, you are divorced. Once you’re divorced, your Ex may find someone who thinks marriage is more valuable than 5% adjusted gross income.
  • IRS rules regarding your filing status have something to say. IRS publication 504 warns that if you obtain a divorce just to file as unmarried with the intent to remarry the next tax year, you have to file as married individuals.
  • State law. All no-fault states have minimum requirements for getting a divorce. Florida, for instance, requires at a minimum that your marriage be irretrievably broken before you can get a divorce.
  • In addition, there are estate planning issues, retirement and social security complications, and many other issues besides the mere tax savings.

Most people who marry do so forever, and with the sincere intention of honoring their vows. Is the money worth it?

Jake Grey’s $40,000 salary is too much for the family to receive Medicaid, and Maria Grey said they are No. 60,000 on the list to receive state assistance.

It’s drowning us to try to keep up with her medical expenses. We’ve done everything we can do to try to keep her afloat, and we’re going to reach a point where we can’t do it and we won’t have another option. We don’t know what to do.

The Hill article is here.

 

Can You Pass the Divorce Test?

Posted by Ron Kauffman on

As if fighting with your spouse wasn’t stressful enough, in China authorities require that you pass a quiz to divorce. Here’s the rub: the better you do on the test, the less likely the divorce will be approved.

Divorce Quizzes

According to the New York Times, the Chinese Divorce Test, which has been issued in at least two provinces since last year, follow the format of a typical three-part school exam: fill-in-the-blank, short answer, and an essay.

Questions include the mundane — “When is your anniversary?” — and the philosophical: “Have you fulfilled your responsibility to your family?”

The quizzes — 15 questions, scored on a scale of 100 points — were developed as a way to prevent “impulse divorces”.

Local news outlets reported that the authorities considered a score of 60 points or higher to mean “room for recovery,” and those couples were encouraged to work on their marriages.

Florida No Fault Divorce

Florida has made it much easier to divorce, which is a subject I’ve written about before. For example, we have abolished fault as grounds for filing a divorce. The only grounds you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.”

No fault divorce laws exist in all 50 states to make it possible for one party to get a divorce without proving any bad behavior took place, and without getting the permission of the other spouse.

Before the no-fault divorce era in the United States, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over or prove wrongdoing.

No-fault laws are the result of trying to change the way divorces played out in court. No fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

China is different. China is going through growing pains and dealing with modern problems like separation and divorce. The Chinese Divorce Test is a novel approach to dealing with rising divorce rates.

Chinese Water Torture?

According to the Times:

Through the guidance of the questions, couples can reminisce on the moments of their relationship and reflect on their familial roles and responsibilities. Nearly two million Chinese couples divorced in the first half of 2017, an 11 percent increase from the year before, according to state news media. About 3 percent of all married couples sought a divorce last year, up from fewer than 1 percent in 2002.

The quizzes were meant only to be a starting point, not the deciding factor in whether a couple can split up. But at least one couple’s high score resulted in the authorities’ preventing their divorce in another province last year.

A court in Yibin, a city in Sichuan Province, refused to grant the couple a divorce in September after citing their stellar test scores, according to local news outlets.

More than 70 percent of divorces filed in China last year were initiated by women, The South China Morning Post reported, citing the Supreme People’s Court. In most filings, incompatibility was given as the major reason; 15 percent cited domestic violence.

However, a smaller number of divorces appear to be shams resulting from a quirk in Chinese real estate law. Some cities limit the number of properties a married couple can own. By legally divorcing, a couple can buy more real estate in some of the world’s most expensive cities.

Experts said the state’s focus on preventing divorce stems from a Confucian belief that a stable society is made up of complete families. Some Chinese citizens criticize the quizzes for treating people like children.

So, if you remember your wedding anniversary you can’t divorce? Divorce isn’t a case of amnesia.

The New York Times article is here.

 

Dividing the Mommy Makeover: Cosmetic Surgery and Divorce

Posted by Ron Kauffman on

Property Division in divorce can mean complex valuations are brought to court for a decision . . . but not always. Sometimes, breast augmentation surgery becomes a divisive issue. Recently, a state Supreme Court heard such a case. How are breasts equitably distributed?

Mommy Makeovers

Some call it “revenge plastic surgery”. Others call it the “Mommy Makeover”. There has been a long-term trend for women who have had breast augmentation surgery to separate and divorce, as compared to other women. There are now newer trends we’re seeing.

Men are also getting Daddy Makeovers. Men are enlarging their breasts, getting tummy tucks, and liposuction for body contouring for a more attractive physique.

Men and women are increasingly getting their physical enhancements done before filing for divorce. The new trend is for people considering divorce to plan for their divorce financially, emotionally and . . . physically!

The Great Divide

Erik Isaacson and Traci Isaacson were married in 1993, and have three children together. After filing for their divorce, they had to put together a schedule of assets and liabilities for the trial court to divide.

Erik put together his marital property list, and in it he included Traci’s breast implants, and valued the breast implants at $5,500. Traci listed them in her list, but assigned them no value.

The trial judge was not amused:

“[Breast implants are] the most ridiculous thing I’ve ever seen listed on a property and debt listing, next to the cat litter and cat box I had in my very first divorce, is going to be stricken.”

Hoping to avoid a painful distribution, the judge ruled on the cosmetic surgery:

I don’t know how you would expect me to award breast implants. Do you want me to have them cut out and given to Mr. Isaacson. . .? It’s absolutely nonsense. Do not waste the Court’s time with stuff like this.”

Erik appealed, arguing the trial judge improperly excluded the value of breast implants from the marital estate because it allowed Traci to spend marital funds on property she got to keep after the divorce.

Florida Property Division

I’ve written about property division before. Property division, or equitable distribution as it is called in Florida, is governed by statute and case law, but cosmetic surgery has not specifically been dealt with in Florida.

Generally, courts set apart to each spouse their non-marital assets and debts, and then distribute the marital assets and debts between the parties.

Marital assets and liabilities include, in part, assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.

In dividing the marital assets and debts though, the court must begin with the premise that the distribution should be equal.

One reason for an unequal distribution is the intentional dissipation, waste, depletion, or destruction of marital assets.

Cosmetic surgery, and related medical bills, certainly fall into the category of marital liabilities. When a court has to determine which spouse pays for cosmetic surgery and related medical bills, a court may want to consider whether the procedure is medically necessary, or cosmetic, or a dissipation of assets.

Fargo

Erik and Traci took their breast case to the North Dakota Supreme Court. Citing cases from Hawaii, Delaware and Kentucky, Erik asked the Supreme Court to hold Traci’s breasts were a marital asset, the value of which are subject to an equal division of the marital estate.

During oral argument, one justice commented:

“Do we have any lines to be drawn? Is dental work a marital asset? Is a hip replacement a marital asset?”

In the end, the high court found that Erik never argued that the expenditure of funds to obtain the breast implants was a dissipation of marital assets:

nor did he present the district court with any reason why breast implants should be considered a marital asset.

The Supreme Court found the trial judge did not err in excluding the breast implants as a marital asset, and Traci was saved from a very painful property division.

Was Isaacson v. Isaacson the most important decision in matrimonial law? Probably not. But, equitable distribution does raise a number of interesting questions.

Especially when it comes to the increasing trend to undergo cosmetic surgery as a part of divorce planning.

The North Dakota Supreme Court decision is here.