Orange County Divorce Lawyer Blog

May 30, 2018

Kentucky states Judges must presume shared parenting plan in child custody battles.

In June, Kentucky will become the first state to require a presumption of equally shared parenting in child-custody cases even when one or more parents is opposed. While it’s common for states to prefer joint custody when both parents are amenable, Kentucky’s presumption will apply even without divorcing parents on board. This is a major breakthrough in developing a parenting plan that is often difficult and expensive to come by in family law Courts in California and across the United States.

Kentucky Gov. Matt Bevin signed the measure in April, declaring that judges must presume “that joint custody and equally shared parenting time is in the best interest of the child” in almost all divorce cases. Last year, Kentucky required the same presumption for temporary child-custody cases while divorce is pending. Again, for a state to implement such a broad and powerful message to family law courts across America and Kentucky is quite outstanding. Custody is often so tumultuous to fight in court that to add a presumption of 50/50 without any fighting in court is really setting a different type of family law custody standard now.

Exceptions exist for situations “involving an incident of domestic violence within the preceding three years” or where “there has been a domestic violence order entered” or being entered. Obviously when there is violence the joint custody presumption must be sidelined in order to keep the child safe from any potential violence or abuse.

May 3, 2018

Dennis Quaid Divorce

by Law Offices of David P. Schwarz

Dennis Quaid is divorced again and this time he has to divide much more than he did with his prior famous wife Meghan Ryan . This new wife is no famous nor did she have the income that his prior famous wife had. Apparently there is as lot of property and children to divide and since he is the bread winner he will have to fork up way more money to her than she to him. When you are a movie star you make movies and wives or husbands that are married or famous celebrity movie stars can make a very good investment for their future.

A movie is like putting money way in the bank for the celebrities and their exes. Because movies have something called residuals. Residuals pay out into the future and are determined by how well the movie does in future years. So if a party was married for a number of years to their movie star spouse and then divorce they can claim residuals for the movies that were made during the life of the marriage. Its pretty cool I would say. So Kimberly Quaid will be receiving a portion of Dennis Quaid’s residuals for her entire life as long as the movie that was made during her marriage makes money down the road.

As many of you remember Dennis Quaid had a pair of twins boys who are 10 years old. The boys were the subject of lawsuit against Cedar Sinai Hospital when they were born because the hospital accidentally gave them Heparin and they almost died. Apparently the couple will share joint custody of the boys. There are two types of custody the family court recognizes. Legal custody is where both parents will decide the best schools and medical care for the child. physical custody is how the time share will be distributed. Dennis Quaid is said to have gotten 25% of the timeshare and Kimberly Quaid got 75%.

November 28, 2017

Married At First Sight star from the Chicago season gets divorced

by Law Offices of David P. Schwarz

Married at First Sight” star Nate Duhon last week filed to divorce Sheila Downs, whom he met and married last year at the Palmer House Hilton as cameras rolled for the Lifetime network series. What is not stated about divorces is that getting married can be very easy and without any complications. However, getting divorced can be very complicated and very difficult. The fun out of the married and whats next a divorce. This is what is sounds like occurred to the couple on the Chicago season of Married at First Sight. Im not sure how well the contestants knew each other before they got married. But from the looks of it they probably did not know each other very well

Duhon, 26, cited irreconcilable differences in his Nov. 14 filing in Cook County court. Downs lives in Arlington Heights, while Duhon has moved back to his home state of Michigan, court records show. Downs and Duhon, who both did not respond to a Tribune request for comment, are the second “Married at First Sight” couple from Season 5 to split.

Apparently Duhon was not the first contestant to seek a divorce on this show as Genoa native Cody Knapek filed for divorce from Chicago dietitian Danielle DeGroot on Sept. 26. That case is expected to be heard in court Wednesday.

November 23, 2017

Angelina Jolie rejects Brad Pitt’s settlement offer for divorce

by Law Offices of David P. Schwarz

It has come to the attention of the public that the ongoing divorce saga of Brad Pitt and Angelina Jolie has made a very interesting turn on the part of the Brad Pitt. It was revealed that Pitt and Jolie have a $400 million divorce. It has become apparent that Brad Pitt has seriously tried to settle the divorce from Angelina Jolie. He does earn more than her however she does earn a substantial amount of money as well. However, during long term marriages in California both parties have to maintain the standard of living they had lived during the marriage. Therefore Brad Pitt after having consulted his lawyer probably decided to make an initial offer to Angelina in a show of good faith. However Angelina turned down Brad’s divorce settlement offer. “Brad basically told his attorney to give Angie whatever amount of money she wants to settle the divorce, even though they have a prenup,” an insider tells us, adding “he is willing to give her half” of his $250 million fortune. Having a prenuptial agreement is a strong position for Brad Pitt to be in under these circumstances where he might have earning more money than Angelina. However, I think Brad is not holding fast to a document that will dictate how his finances are disbursed during a divorce. He is definitely taking the high road. He is also thinking about how Angelina needs to live and how she lived during the marriage.

But despite his generosity, Angelina, 42, won’t take it. “Angie has rejected every single monetary settlement offer,” says the insider, adding that she’s also continued to push back on his efforts to gain more custody of their six kids, Maddox, 16, Pax, 13, Zahara, 12, Shiloh, 11, and twins Knox and Vivienne, 9. Herein lies the problem with settling the divorce. If Angelina is holding tight to keep Brad out of the children’s lives it could be a long and drawn out divorce that might not have an immediate end as to an entire divorce judgment on all issues. There might be a reservation on certain issues that will be litigated in the future if need be.

“He isn’t trying to buy Angie off and couldn’t care less about how he is perceived in the public eye when they do come to an eventual settlement,” says the insider, explaining that after weathering a child abuse investigation last year (he eventually was cleared of any wrongdoing) and publicly confessing that he’s struggled with alcohol issues for years, Brad, 53, feels he has nothing left to lose. “Brad’s motivation is first and foremost the kids,” insists the insider. “Giving Angie a substantial chunk of his fortune will give the kids the quality of life they are used to with no changes.”

November 21, 2017

The High cost of Adoptions

by Law Offices of David P. Schwarz

House Republicans’ initial tax-reform plan removed the adoption tax credit, which helps families defray the high cost of adoption. The backlash was swift.

Conservatives argued the move ran contrary to the pro-life principles so integral to the party’s platform. Adoptive parents spoke out about the exorbitant cost of the process.

Google engineer Brandon Jones wrote that adopting his first son cost $50,000, a lump sum he paid before any of the official machinations of the adoption can begin. He noted that many families take out second mortgages on their home or ask for donations and loans from their family and friends. The tax credit is a lifeline.

November 19, 2017

The new tax law and Divorces

by Law Offices of David P. Schwarz

A proposed dramatic change to the tax rules of divorce in the House Republicans’ tax reform bill (the Tax Cuts and Jobs Act) would undoubtedly create additional burdens to couples getting divorced if it becomes law.

The bill would eliminate the tax deduction for alimony and make alimony income tax-free to the recipient for divorce decrees executed after December 31, 2017; it wouldn’t affect existing divorces. The Senate Republicans’ tax reform bill does not change the alimony rules.

Under current law, ex-spouses who pay alimony can deduct the expense from their federal income taxes; ex-spouses receiving alimony payments have to claim the money as taxable income. (The bill’s alimony provision is projected to raise about $8 billion in tax revenue over 10 years.)

November 8, 2017

No Spousal support tax deduction

by Law Offices of David P. Schwarz

Spousal support payments mandated by divorce agreements could lose their beneficial tax treatment.

The Tax Cuts and Jobs Act, unveiled on Thursday, includes a provision to kill the deduction that taxpayers get for making such payments to an ex-spouse. Although it’s just one of the many tax breaks eliminated under the legislation, experts say it will end up most hurting the person receiving the money.

“Spousal support payers won’t be able to afford to give as much because they’ll have to give it to Uncle Sam instead,” said Nancy Hetrick, a certified divorce financial analyst and senior advisor at Better Money Decisions in Phoenix, Arizona. “There will be less money to go around to support the two households.”

November 6, 2017

divorce and science

by Law Offices of David P. Schwarz

The best time to get married is when you feel ready, and when you’ve found someone you think you can spend a lifetime with. Don’t force anything — or put it off — because a study told you to do so. There are many criteria that go into getting divorced.

That said, research does suggest that couples who marry in their teens and couples who marry in their mid-30s or later are at greater risk for divorce than couples in their late 20s and early 30s. The risk is especially high for teenage couples.

When the researcher, Alexandra Killewald, looked at heterosexual marriages that began after 1975, she learned that couples in which the husband didn’t have a full-time job had a 3.3% chance of divorcing the following year, compared to 2.5% among couples in which the husband did have a full-time job.

November 3, 2017

Homes for older children for adoptions

by Law Offices of David P. Schwarz

GREENSBORO – Children’s Home Society of North Carolina is announcing an expansion of a statewide program to find permanent homes for older children in foster care during National Adoption Month.

Children’s Home Society will also be providing the expanded child-focused recruitment program at no cost to county social services agencies across North Carolina. This is done in partnership with the Dave Thomas Foundation for Adoption, Wendy’s Wonderful Kids and the North Carolina Department of Health and Human Services Division of Social Services.

“Older youth who are adopted are more likely to finish high school, go to college, be employed and lead more stable lives than those who age out of foster care with no permanent family,” Sharon Barlow, Director of the Division of Children’s Services in Guilford County, said. “We know that being connected to a family makes a life-long difference.”

October 29, 2017

miguel cabrera divorce

by Law Offices of David P. Schwarz

Miguel Cabrera’s wife of 15 years filed for divorce just prior to the start of the 2017 baseball season, another off-field distraction the Tigers’ superstar slugger was facing as he struggled through the worst year of his professional career.

Rosangel Cabrera filed the dissolution-of-marriage paperwork March 17, saying the relationship is “irretrievably broken,” and Cabrera agreed in his response dated April 18. This is according to court documents obtained by The Detroit News from the Miami-Dade County Civil, Family and Probate Courts system. These are the standard reasons to file a divorce in the State of California and in Orange County California. Often people think that there needs to be a defense when filing a response to divorce but there does not.

It wasn’t immediately clear where the proceedings stand, though a final hearing is scheduled for 8:30 a.m. Monday before Judge Abby Cynamon in Miami. An attorney for Rosangel Cabrera declined comment. Cabrera is listed as not having an attorney of record, after his attorney filed to withdraw from the case earlier this month. A message left with his previous attorney has not been returned.

ORANGE COUNTY DIVORCE LAWYER BLOG