Tag: International Alimony

International Custody

Posted by Ron Kauffman on

The European Union is reporting that increasing rates of international divorces – and cross-border child abductions – have become a real problem in international custody cases. The same is true in the United States. There are some treaties to deal with international custody cases everyone should know about.

International Custody

Go Dutch

The emphasis within the EU is that laws on conflict resolution need to be improved. The ministers in the EU are proposing that EU law should further emphasize protecting the rights of the child, and that decisions on parental child abduction cases must be made by practicing and experienced family judges.

The EU proposes to strengthen the rights of children throughout the dispute resolution procedure between divorcing couples.

If a child is abducted to another EU country by one of their parents, the EU proposes that the matter must be dealt with by practicing and experienced family judges, to ensure the best interests of the child are prioritized.

Hague Child Abductions

I have written – and will be speaking in January – on international custody and child abduction cases under The Hague Convention. The Hague Convention on the Civil Aspects of International Child Abduction is supposed to provide remedies for a “left-behind” parent, like Mr. Cook, to obtain the wrongfully removed or retained children to the country of their habitual residence.

When a child under 16 who was habitually residing in one signatory country is wrongfully removed to, or retained in, another signatory country, The Hague Convention provides that the other country: “order the return of the child forthwith” and “shall not decide on the merits of rights of custody.”

There are defenses though. For example, the court considered whether there is a grave risk that the child’s return would expose them to physical or psychological harm or otherwise place the child in an intolerable situation.

Dutch Oven

According to EU policy makers, the child is the weakest link in disputes between parents during international custody cases, and therefore needs all the protection the EU can give. Notably, the hearing of the child is a key issue which merits detailed provisions.

Ministers in the EU also want to improve information-sharing and cooperation between the member states for international custody and divorce cases. The Commission estimates that there are 16 million international families in the EU and sets the number of international divorces in the EU at around 140,000 per year. There are around 1,800 parental child abductions within the EU every year.

The Europa article is here.

 

International Divorce and Custody

Posted by Ron Kauffman on

According to the U.S. Census Bureau, international marriages are on the rise. And that means an increase in relationships crossing borders. This has also created a glut of international divorce and custody disputes.

international divorce and custody

If you think that a parent or your partner could take your child out of the state or country, there are a few treaties, laws and statues you should be aware of to help you resolve an international divorce and custody battle in your favor.

International Cases

The Hague Convention on the Civil Aspects of International Child Abduction, also known as the Hague Convention, is an international treaty to help promptly return children wrongfully abducted.

The Hague Convention only applies between countries that have signed the Convention, and its reach is limited to children ages 16 and under.

The Convention’s central operating feature is the return remedy. When a child under the age of 16 has been wrongfully retained, the country to which the child has been brought must order the return of the child unless certain exceptions apply.

The Hague Convention also deters abductions. It does that by eliminating the primary motivation for abducting. Since the goal of the taking parent is to get rights of custody from another country, when a child is wrongfully removed, the other country must order the return of the child forthwith.

Foreign Courts

I’ve written on international divorce and custody before, especially as they relate to child custody issues and The Hague Convention on abduction.

In addition to the Hague Convention, you’ll need to know if there are cultural or religious beliefs that could impact your case. For example, some countries have a preference for granting sole physical custody mothers, and others to fathers.

Interstate Cases

International custody disputes are difficult to navigate, but so are interstate divorce and custody cases: meaning cases between parents living in two different U.S. states.

Generally, when two parents reside in Florida, Florida custody laws will apply. However, when one of the parents and the child move across state lines, you have an interstate custody problem.

To help with conflicts between different laws in different American states, the Uniform Law Commission is tasked with drafting laws on various subjects that attempt to bring uniformity across American state lines.

With respect to family law, different American states had adopted different approaches to issues related to interstate custody, visitation, and time-sharing. The results were that different states had conflicting resolutions to the same problems.

To seek harmony in this area, the Uniform Law Commission promulgated the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA), which Florida and almost all U.S. states passed into law.

The most fundamental aspect of the UCCJEA is the approach to the jurisdiction needed to start a case. In part, the UCCJEA requires a court have some jurisdiction vis-a-vis the child. That jurisdiction is based on where the child is, and the significant connections the child has with the forum state, let’s say Florida for this example. The ultimate determining factor in a Florida case then, is what is the “home state” of the child.

The Census fact sheet on international marriage is here.

 

Alimony and The Parent Trap

Posted by Ron Kauffman on

Actor Dennis Quaid and his former wife Kimberly Buffington-Quaid are Breaking Away and are officially divorced. However, reports show that the multi-millionaire actor may not be paying alimony to his former Enemy Mine. Why not?

The Big Easy

According to People, Buffington-Quaid, who filed for divorce in 2016, will receive $2 million in a lump sum payment, another million for property settlements, and $13,750 a month in child support.

According to further reports, her child support payment could increase if Quaid pulls in more than $1.3 million in a year. However, there are no reports that he is paying alimony, other than the cryptic reference to a “lump sum payment”.

The Quaids case may be one in which alimony is not needed.

Florida Alimony

I’ve written about alimony and alimony reform in Florida often. In every dissolution of marriage case, the court can grant alimony to either party – husband or wife.

There are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or permanent alimony. The court can also award a combination of alimony types.

Alimony awards are normally paid in periodic payments, but sometimes the payments of alimony can be in a lump sum or both lump sum and periodic payments.

In determining whether to award alimony or not, the court has to first make a determination as to whether a party, like Buffington-Quaid, has an actual need for alimony, and whether the other party has the ability to pay alimony.

Once a court determines there is a need and ability to pay alimony, it has to decide the proper type and amount of alimony. In doing so, the court considers several factors, some of which can include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

In the Quaid case, Buffington-Quaid seems to have been awarded a very handsome property settlement, in addition to over $13,000 per month in child support payments.

The Right Stuff

While the Quaids are sharing joint physical custody of their children, Buffington-Quaid was awarded 75% of their time.

From Quaid’s Vantage Point, he made out ok, and is reportedly keeping most of the cars — a 2007 Land Rover, 2012 Mercedes and 2013 Honda.

His ex-wife will also have Something to Talk About, she will keep her 2014 Mercedes. Additionally, the actor will keep their home in Austin, Texas, and they’ll split the sale price of their family home.

The People article is here.

 

Danish Divorce

Posted by Ron Kauffman on

As one of the most wired countries in the world, Denmark offers hospital records, tax returns, and divorces online. But the skyrocketing divorce rate has caused the country to limit the ease of divorce. What are drawbacks to a quick, online divorce?

Quickie Divorces

The New York Times reports that a Danish divorce can be obtained in less than a week with only a short online form and a $60 fee. But the government has decided that breaking up should be a little a harder to do.

Under new rules set to go into effect next year, couples who have children and who decide to dissolve their marriage will be required to observe a three-month “reflection period” before the divorce takes effect, during which they will be offered free counseling.

The idea is to provide protection for children, who will also receive counseling during the waiting period. (The quick divorce is still available for childless couples and in cases of abuse.)

Florida Divorce

I’ve written frequently about divorce issues, especially the differences between international and Florida divorces.  Florida, like Denmark, has its own restrictions on divorcing, even if not everything is available online.

For instance, you have to be a resident of the state of Florida for at least six months before filing. Additionally, you must file a Petition for Dissolution of Marriage with the circuit court and the Respondent files an Answer and/or counter petition.

A final judgment ending the marriage may not be entered until at least 20 days after the date the Petition was filed, unless the court finds that an injustice would result from this delay.

This is Your Danish Divorce

The current Danish laws give divorcing parents only a few days to decide on arrangements for their children online, increasing the potential for conflict. Denmark wants to give parents space and not make decisions right away.

The changes are a rare step back in a country that has moved aggressively to move official interactions online.

More than 90% of Danes between 16 and 89 can use a government-issued digital ID to gain access to personal records or to communicate with the authorities.

The system is often efficient: 1.3 million people logged on to see their annual tax return within 24 hours of release this month. But the push to digitalize Denmark may have gone too far and doesn’t work in divorce and death.

Digital death certificates, required in Denmark since 2007, lead to the immediate cancellation of passports, driver’s licenses and digital IDs to prevent fraud.

Kirsten Margrethe Kristensen was mistakenly declared dead by a doctor this month. “Making mistakes is human,” she told DR, the national broadcaster. “It’s more that one, just by a click, is out of the system and gone.”

The quick divorce presents a similar problem, some officials said — particularly when children are involved.

Soren Sander, a psychologist who has studied the effects of divorce, said that children and adults alike suffer psychologically and physically from a breakup:

“There are indications that with intervention their well-being increases.”

That’s not to say that divorces in Denmark are leaving the internet behind: While some counseling during the three-month reflection period takes place face to face, a mandatory course on the typical challenges of a divorce is available online and through an app.

The New York Times article is here.

 

Sweden’s High Divorce Rate

Posted by Ron Kauffman on

In a recent study of women in Sweden, 28 percent of people born to Swedish parents had divorced. But the divorce rate was much higher for immigrant women, where almost 60 percent had divorced in Sweden. The country may explain a lot about international divorce rates.

Stockholm Syndrome?

The divorce rates for immigrants in Sweden seem especially high when compared to the divorce rates in their home countries.

That the divorce rates are higher in Sweden may not be solely due to women’s higher workforce participation. In many patriarchal countries, like Iran, divorce is less accepted, and it can be legally more difficult to get divorced than in Sweden.

Rules about children can differ too. I’ve written on international divorces, especially as they relate to child custody issues and The Hague Convention on abduction.

International Divorces

I’ve written frequently about international divorce issues, especially international child abductions. The Hague Abduction Convention is a multilateral treaty developed by The Hague Conference on Private International Law to provide for the prompt return of a child internationally abducted by a parent from one-member country to another.

Sweden is a signatory to The Hague Convention, but many of the countries where Sweden’s immigrant population are from, are not signatories at all. This can be a problem if child abduction is an issue.

There are some essential elements to every Hague Convention case:

  • The country must be a Hague signatory country;
  • The child must be under the age of 16 years of age;
  • The wrongful removal must be a violation of the left behind parent’s “rights of custody;”
  • The left behind parent’s rights of custody “were actually being exercised or would have been exercised but for the removal.”

So, if a child under the age of sixteen has been wrongfully removed, the child must be promptly returned to the child’s country of habitual residence, unless certain exceptions apply.

The catch, of course, is that a child must be taken from a signatory country to another signatory country, and that is where understanding The Hague Convention comes in.

There is also a problem with hiding assets overseas. The problem of discovery of hidden wealth is even bigger in an international divorce because multiple countries, and multiple rules on discovery, can be involved.

Welcome to Sweden

Often, divorce is seen as a negative development. When families split up, children can find it difficult to adjust emotionally. But, not always for immigrant women in Sweden.

In a country like Sweden, the dynamics between the men and women change. Men who dominated their families because they had the economic power in their home countries lose that power when they integrate into a more gender-equal country like Sweden.

Women from patriarchal societies gain power when they integrate into a country like Sweden. There are more economic opportunities for them, and resources for women’s rights are more developed.

The welfare system is also extensive in Sweden, meaning that even women of low socioeconomic status can leave their husbands with no jobs and receive low-cost health care, education, job training, and a stipend from the government.

For women in Sweden who have migrated from more patriarchal countries, divorce may be an opportunity.

The Atlantic article is here.

 

Speaking Engagement

Posted by Ron Kauffman on

For readers who may be interested, I will be speaking at the prestigious Marital & Family Law Review Course in Orlando on Friday, January 26, 2018. I will be addressing the issues of interstate child custody, interstate support, and international child abductions under The Hague Convention.

The Review Course

The 2018 Marital & Family Law Review Course is considered the premier advanced, continuing education opportunity for marital and family law attorneys and judicial officers in Florida.

It is a privilege to be asked to address interstate custody and international child abductions at the annual Family Law Board Certification Seminar again. The seminar is the largest, and most prestigious advanced family law course in the state. Last year’s audience included 1,600+ attorneys and judges.

The review course is co-presented by the Family Law Section of The Florida Bar, and The American Academy of Matrimonial Lawyers.

Interstate Custody

I’ve written about interstate and international custody cases before. Generally, when two parents reside in Florida, Florida custody laws will apply. However, when one of the parents and the child move across state lines, you have an interstate custody problem.

But, which law applies? Historically, family law is a matter of state rather than federal law. So, you would look to the state law of Florida, for example, in deciding an interstate case; not Federal law.

For various reasons, people travel more. As a result, family law has to take on an interstate, and international component. Accordingly, the conflicts between states can be amplified.

To help with confusion between different laws in different American states, the Uniform Law Commission is tasked with drafting laws on various subjects that attempt to bring uniformity across American state lines.

With respect to family law, different American states had adopted different approaches to issues related to interstate custody, visitation, and time-sharing. The results were that different states had conflicting resolutions to the same problems.

To seek harmony in the area of interstate custody, the Uniform Law Commission promulgated the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA), which Florida and almost all U.S. states passed into law.

The UCCJEA: Initial Actions

The most fundamental aspect of interstate custody under the UCCJEA is the approach to the jurisdiction needed to start a case. In part, the UCCJEA requires a court have some jurisdiction vis-a-vis the child.

That jurisdiction is based on where the child is, and the significant connections the child has with the forum state, let’s say Florida for this example.

The ultimate determining factor in a Florida case then, is what is the “home state” of the child.

There is a good reason for the ‘home state’ approach under the UCCJEA, which has been adopted by most state laws. That is that Florida – and the other states – all have a strong public policy interest in protecting children in their states.

You can register for the 2018 Marital & Family Law Review Course here.

 

International Divorce

Posted by Ron Kauffman on

When a spouse is from a foreign country, divorce can be complicated — especially when the couple works in one county, assets are in another country, a pension is in another, and the kids are in a fourth country. What are the issues in an international divorce?

Divorce Around the World

As the Economist reports, globalization has resulted in multi-national marriages, which is common among wealthy, highly mobile families. When they stop being high-earning families, life gets tricky, and international divorce can get even trickier.

Families which got used to living on huge bonuses are unable to continue with the commitments they have taken on — housing and school tuition, and the cost of living the high life.

Where to Sue?

So, who sues whom and where in an international divorce? The answer is more difficult than people think. A British divorce might give more money because British courts can disregard prenuptial agreements, and the cost of living is high in London.

In France, things could be very different. Adultery can be penalized, but in the typical French divorce, any alimony could be less and for eight years at most; and prenuptial agreements are binding.

However, in Florida, the outcome could be different still. Under Florida law, alimony is constantly under threat of a major revision by the legislature, and child support is governed by a formula. Courts may award attorneys’ fees, and prenuptial agreements are generally enforceable.

International Child Custody

Rules about children can differ too. I’ve written on international divorces, especially as they relate to child custody issues and The Hague Convention on abduction.

The Hague Abduction Convention is a multilateral treaty developed by The Hague Conference on Private International Law to provide for the prompt return of a child internationally abducted by a parent from one-member country to another.

There are three essential elements to every Hague Convention case:

  • The child must be under the age of 16 years of age;
  • The wrongful removal must be a violation of the left behind parent’s “rights of custody;”
  • The left behind parent’s rights of custody “were actually being exercised or would have been exercised but for the removal.”

So, if a child under the age of sixteen has been wrongfully removed, the child must be promptly returned to the child’s country of habitual residence, unless certain exceptions apply.

The catch, of course, is that a child must be taken from a signatory country to another signatory country, and that is where understanding The Hague Convention comes in.

Even signatory countries may be bad at abiding by the convention, especially when it means enforcing the return of children to a parent alleged to have been abusive.

The annual State Department report to Congress on observance of The Hague Convention lists Honduras as “non-compliant” and nine other countries (Brazil, Bulgaria, Chile, Ecuador, Germany, Greece, Mexico, Poland and Venezuela) as showing “patterns of non-compliance”.

Hiding Assets

Hiding assets is a problem in every divorce. The problem of discovery of hidden wealth is even bigger in an international divorce because multiple countries, and multiple rules on discovery, can be involved.

The problems in an international divorce are more complicated because hiding assets from a spouse is much easier in some countries than in others.

Florida, at one extreme, requires complete disclosure of assets and liabilities. In fact, in Florida certain financial disclosure is mandatory. At the other extreme, are countries which require very little disclosure from people going through divorce.

Court Shopping

Choosing possible countries to file your divorce in can be construed as “forum shopping”.

The European Union introduced a reform called Brussels II, which prevents “forum shopping”, with a rule that the first court to be approached decides the divorce.

But the stakes are high: ending up in the wrong legal system, or with the wrong approach, may mean not just poverty but misery.

The Economist article is here.

 

Foreign Custody and Sex Discrimination

Posted by Ron Kauffman on

A recent interstate child custody case from Mali sheds light on sex discrimination in foreign courts. Should an American court honor a foreign court’s custody order if the foreign country favors men over women in custody cases? An Indiana court just answered that question.

A Mother appealed to the Indiana Court of Appeals a trial judge’s refusal to modify a child custody order from the west-African nation of Mali in favor of the Father.

The Mother argued that the trial judge was not required to enforce the Malian court’s order under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because the order from Mali was the product of laws that violate fundamental human rights.

Indiana, like Florida, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA courts must enforce foreign custody decrees if it was issued by the country that was the child’s home state.

Enforcement is especially required if everyone was given notice and opportunity to be heard, and the child custody laws of the foreign country don’t violate fundamental principles of human rights.

The big question was whether Mali child custody laws violate human rights principles as Indiana courts understand them.

Florida and the UCCJEA

I’ve written and spoken many times on international custody involving the UCCJEA and The Hague.

The UCCJEA is a uniform act, and was adopted by all U.S. states except Massachusetts; which still follows the older UCCJA.

The UCCJEA was made to harmonize custody, visitation, timesharing and parental responsibility because different states and countries have different approaches to family law issues.

Florida treats foreign countries as if they were states of the United States for purposes of applying the UCCJEA. So, a child custody order made in a foreign country in substantial conformity with Florida’s UCCJEA must be recognized and enforced here.

However, under the UCCJEA Florida does not need to enforce or recognize the foreign order if the child custody law of a foreign country violates fundamental principles of human rights.

That was the issue the Indiana court had to decide.

The Indiana Case

The Mother and Father are both dual citizens of France and Mali, and divorced in Mali. Both parties asked for custody of the children.

After the trial, but before the Mali court issued an order, the Mother took the children to France, and the Malian court then awarded the Father custody.

The Mother never returned the children, unsuccessfully sought Mali and France then moved to Indiana and filed her case there.

The Indiana court rejected the Mother’s argument under the UCCJEA that the custody laws of Mali violate fundamental human rights because it favors men over women.

The Mother argued that Mali’s divorce law is fault-based, have a preference for men in child custody decisions because under Mali law, the following were tru:

  • The husband owes protection to his wife, the wife obedience to her husband.
  • The husband is deemed the head of the household,
  • The husband has the right to choose the family residence, and the wife must live with him and he must receive her.
  • A woman is prohibited from running a business without her husband’s permission.
  • Mali has failed to outlaw female genital mutilation

However, the Indiana court found that Mali did not actually apply the statutory custody presumption in favor of Father.

Instead the Indiana court found that under Mali law, custody could be awarded to Father or Mother. Additionally, in the Mali case under review, the best interests of the children controlled this decision.

The Female Genital Mutilation Argument

A 1999 United States Agency for International Development funded study in Mali was conducted, and found that 93.7% of women had gone through some form of female genital mutilation, usually when they are young.

The Indiana court rejected the Mother’s argument about Mali’s failure to outlaw female genital mutilation – in part because it noted that the father had condemned the practice.

Under the UCCJEA, while female genital mutilation is itself a human rights violation, Mali’s failure to pass a law specifically prohibiting the practice does not in and of itself constitute a violation of fundamental principles of human rights.

The Indiana Court of Appeals decision is here.

 

Sharia Divorce in Germany

Posted by Ron Kauffman on

The European Court of Justice is considering whether a foreign divorce, granted by a Sharia court, is valid in Germany. The German case raises the issue of when foreign laws conflict with rights protected in other countries, an issue Florida has grappled with.

Sharia Divorce in Europe

On Thursday this week, the advocate general at the European Court of Justice (ECJ), issued an opinion saying that a foreign divorce under Sharia law should not be recognized.

The ECJ judgment is still pending; however, judges often follow such recommendations.

The case involves a couple from Syria with German nationality. They married in 1999 in Homs, Syria, before moving to Germany. Four years ago, in a Syrian Sharia court, the husband ended the marriage by repeating the word “talaq” (“I divorce you”) three times.

Florida Divorces and Sharia

I have written extensively on foreign divorce before, and the triple Talaq issue specifically. As the European case suggests, the Triple Talaq allows Muslim men to leave their wives instantaneously by saying “talaq,” meaning divorce, three times.

The thousand-year-old custom of triple talaq was recently banned by the Indian Supreme Court.

Florida has resolved the issue of the enforcement of foreign divorce in Florida to a certain extent when it enacted Florida Statute 61.0401. The statute prohibits courts in Florida from enforcing:

  • A choice of law provision in a contract selecting the law of a foreign country which contravenes the strong public policy of this state or that is unjust or unreasonable.
  • A forum selection clause in a contract that selects a forum in a foreign country if the clause is shown to be unreasonable or unjust or if strong public policy would prohibit the enforceability of the clause.
  • A judgment or order of a court of a foreign country is not entitled to comity if the foreign court offends the public policy of this state.

Florida Statutes do not mention Sharia, or any religious divorce law at all. However, in an international divorce case in Florida, to the extent the Syrian divorce (triple talaq) law violates the U.S. and Florida Constitution, the Syrian law may not be enforceable.

The European Divorce Debate

The European Union Divorce Law Pact, known in family law circles as “Rome III Regulation”, governs the recognition of private divorces, meaning divorces that were not granted by a state court.

Under Rome III, a foreign law is not applied in European courts if men and women do not have equal power in divorce proceedings.

Many Germans are concerned about the recognition of foreign divorces, especially when they are based on Sharia. “Many people have a one-sided understanding of Sharia law. There are problematic areas in traditional Sharia law, which allows corporal punishment for criminals; is patriarchal and does not recognize gender or religious equality.

When foreign laws are applied in Germany, their effect is subject to scrutiny, such that if it results in gross injustice and a violation of fundamental rights, the state will correct it. This has been standard practice in Germany for 100 years now.

“This is an election year. Europe is losing faith. If the ECJ now said, ‘This is applicable; we will examine the individual cases,’ then the headlines would read: ECJ says Sharia divorce is valid. And then I would not like to see how anti-Islam groups such as Pegida, AfD and the like would react.”

The Deutsche Welle, article is available here.

 

The Hoff is Modifying Alimony

Posted by Ron Kauffman on

The Final Judgment for divorce is not always the end of the case. After the final decree has been signed by the judge, there can be disagreements over custody for instance, and people’s fortunes can change for the worse, leading to alimony modification.

The Hoff

Modifying alimony because of a change in circumstances is a matter actor David Hasselhoff knows well. I wrote before on the actor and his ex-wife, Pamela Bach, reaching a post-judgment agreement lowering his alimony payments to $10,000 a month in alimony, almost half of what he paid her previously.

The Baywatch actor originally filed legal documents in April 2016 to either completely cut off or significantly reduce spousal support to his ex-wife, whom he divorced after 16 years of marriage in 2006.

The Hoff’s request for alimony modification is based on financial reasons. In a later filing, he claimed he had “less than $4,000 in liquid assets” to his name, and that he “recently had to withdraw additional funds from my retirement plan in order to pay for my living expenses.”

The actor had also claimed he’d paid in excess of $2.3 million to his ex-wife since they divorced 10 years ago, not including the money he has spent supporting his daughters, who were teenagers at the time of the split.

Florida Alimony Modification

In Florida, in order to modify alimony, the paying party requesting alimony modification must show three fundamental prerequisites: (1) a substantial change in circumstances, (2) the change was not contemplated at the time of the final judgment of dissolution, and (3) that the change is sufficient, material, involuntary and permanent in nature.

There are many reasons for seeking an alimony modification in your payments: loss of a job, injury and retirement. The Supreme Court of Florida has addressed the impact of retirement on support obligations in Florida.

To determine whether a voluntary retirement is reasonable, courts must consider, in part, the payor’s age, health, and motivation for retirement, as well as the type of work the payor performs and the age at which others engaged in that line of work normally retire. There are additional criteria a court must consider as well.

Back to the Hoff

TMZ reports that Pamela Bach may be seeking alimony modification, only in the other direction: up. According to the article, a rep for Hasselhoff’s ex reports that she worked hard on David’s behalf during their marriage, which is more than enough reason to continue supporting her now.

Pam contributed a number of services toward his career — everything from consulting, accounting and handling administrative duties to keeping up with the house and kids … whom she still considers under her parental care, even at 25 and 27.

The TMZ article is here.