Articles Tagged with settlement agreement

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Board Certified Family Law Specialist Matt Arnold answers the question: “What happens when a person’s income is not guaranteed and fluctuates from year to year”.

When you are dealing with a divorce, it can be hard to feel like you are ever fully prepared. Given the complexities of the divorce process and the emotional issues involved, few people can honestly say they’re equipped to face every challenge that comes along. That is why it is so easy for things to fall through the cracks, especially issues that you did not even know to look out for. One example of an important problem to be aware of concerns tax trouble related to the divorce. To learn more about how to avoid creating tax issues for yourself, keep reading.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How much does it cost to get divorced, and how does the billing process work?”

Some of the best Olympians on the world stage are children of divorced parents. Michael Phelps, Ryan Locthe, Gabby Douglas, you name ‘em. In each case, their parents had to figure out not only how to navigate the challenges of co-parenting an Olympic athlete, but how to divide up the costs and burdens of Olympic training. Given that Olympic training, with the coaches, the equipment, the travel, can cost tens and even hundreds of thousands of dollars per year, this can be a monumental undertaking. Thankfully, most divorced couples don’t have to worry about paying to get their kids into the Olympics. On a less extreme level, couples do have to consider how to tackle extracurricular expenses. To learn more about how to go about dividing up these extracurricular costs, keep reading.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

 

The Huffington Post has identified what it describes as “a narrow group of smart, rational and reasonable individuals” who will join the flood of people all over the country starting the New Year by ending their marital relationships. It is, after all, the busiest time of year for divorce lawyers; however, these “smart, rational and reasonable” individuals will not be joining the flood of phone calls to divorce lawyers’ offices.

Document Review Charlotte Family Law Attorney North Carolina Divorce LawyerDiane L. Danois, J.D., says smart people don’t need divorce lawyers. First, she argues, much of family law is form-based, and most of the forms are available online at no cost. Even samples of Separation Agreements, Property Agreements and Custody Agreements can be found online and tailored—by “smart, rational and reasonable” individuals—to fit an individual couple’s needs.

As for property division, Danois says, financial affidavits guide couples through the steps of disclosing and labeling assets and liabilities. Smart people can figure out what martial property is, presumably. The assumption Ms. Danois appears to make, however, is that parties to marital relationships all have sharing, cooperative attitudes. Many people end up in my office, however, because of their spouses’ uncooperative and—at times—abusive and controlling attitudes. They need advocates to stand up for them because they feel intimidated by a spouse and by the legal system.

Of course, uncooperative, controlling, manipulative spouses would likely not fit under Ms. Danois’ definition of “smart, rational and reasonable” individuals, so perhaps the couples in need of divorce lawyers—by asserting the opposite of the premise—are those which feature at least one spouse who is uncooperative, or not “smart.”

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “When do you get alimony?”

 

Stay-at-home moms are facing a tougher road in divorce courts, as judges and state legislatures move to limit the both the amount of support payments and the period of time during which payments can be doled out.

Alimony Movie Poster Mecklenburg Divorce Lawyer North Carolina Child Custody AttorneyNew York City divorce attorney Morghan Richardson said judges are beginning to view women as having the same opportunities to earn a living as men. This thinking applies to stay-at-home moms—even those who may not have worked in a decade or two.

Just three-percent of persons receiving alimony in 2010 were men. While women made up the vast majority of those receiving alimony, they also outstripped men in many college and professional degrees, in some careers and, in some instances, in compensation.

With three-fourths of women now in the workforce and almost half of families led by a woman wage-earner, more and more attorneys and litigants are seeing homemakers seeking alimony admonished by judges who believe their decision not to seek employment was foolhardy.

Richardson said some stay-at-home moms “sometimes have a real sense of entitlement about the decision to stay home.” She said divorce judges, however, have little sympathy for women who quit their jobs to stay at home and raise a family. Some of those judges, Richardson said, are women who had to put their own children in daycare to work their way up to the bench.

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Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

 

A divorce litigant and her lawyers are learning the hard way that when a case is over, it’s over.

“I’ll get the best lawyer!” Wife Josephine faints after husband Napoleon tells her he is filing for divorce.

“I’ll get the best lawyer!” Wife Josephine faints after husband Napoleon tells her he is filing for divorce.

The litigant, Jamie McCourt, didn’t think the tax-free $131 million and bevy of luxury homes she received in her 2012 divorce settlement agreement with ex-husband Frank McCourt was enough. She asked a court to set aside the agreement, arguing that her ex-husband undervalued baseball team the Los Angeles Dodgers before selling it for over $2 billion to a consortium that included ex-NBA great Magic Johnson.

Jamie McCourt alleged she was entitled to another $770 million.

Superior Court Judge Scott Gordon rejected Mrs. McCourt’s claims. He wrote that Mrs. McCourt was a “sophisticated individual” who was assisted by a team of lawyers and accountants during her divorce. The language of the settlement agreement made it clear that the McCourts intended to end their divorce case and that the terms of the agreement “were carefully considered and negotiated.”

The agreement also provided that if either side contested the settlement agreement, the contesting party would have to pay the other side’s attorney’s fees. Judge Gordon cited that provision of the agreement in a ruling entered July 1. He ordered Mrs. McCourt to reimburse Mr. McCourt’s lawyers $1.9 million in legal fees. That’s how much Mr. McCourt spent fighting Mrs. McCourt’s challenge to the divorce settlement agreement.

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