Gwinnett Family Law News

Sex issue resolved: The Atlanta Journal-Constitution

2008-06-20T11:40:00.001-07:00

Sex issue resolved:
Bynum-Weeks marriage over
By D. AILEEN DODD
The Atlanta Journal-Constitution
Published on: 06/20/08

The stormy marriage of ministers Juanita Bynum and Thomas Weeks III — temporarily calmed by a night of passion — ended this morning in a Gwinnett County courtroom.A divorce was finalized for the couple at 10:45 a.m before Judge Debra Turner.Both Bynum and Weeks expressed relief and a measure of joy that marriage, marked by a spectacular wedding, a high—profile ministry and a parking lot beat down, was over."It has been a long-awaited moment," said Bynum after the court hearing. "I had already made my [peace] with it."Weeks, on probation for assaulting Bynum last summer, said he will always have a "special love" for her, but he is moving on.,"I feel like it's a new day — a brand new life, a brand new time," Weeks said.Bynum agreed to pay $40,000 of Weeks' attorney fees. They will keep individual assets they had before the marriage. Bynum wants to retrieve some personal items in Weeks possession, including a harp and sculpture.Weeks a gets a 2004 Land Rover. And he pays any credit card debt in his name.No alimony was granted.The couple left the courtroom separately. They only said hello to each other before the hearing.Before the final decree, the divorce proceeding was interrupted after Bynum revealed that the couple had sex last August after they had separated.It was not revealed if conjugal connection happened after Weeks assaulted Bynum in a hotel parking lot last summer. Turner left the courtroom to research whether the divorce could be granted under Georgia law, which, in part, sees sex by separated couples as a act of reconciliation."My understanding is you can no longer have marital relations based on the date of separation that you file," Turner said.Randy Kessler, Weeks' attorney, said that the couple had been living in separation and that Bynum filed for divorce after the sexual encounter."The fact that they had sex before she filed for divorce is an amendable defect," said Kessler, meaning the conjugal coupling should not void the divorce.After the recess, Turner agreed to push the date of separation up to September to circumvent the reconciliation issue.Weeks strolled into the Gwinnett County Justice and Administration Center around 9:30 a.m. with a smile on his face. He was flanked by two supporters, one of them his personal assistant.Bynum, who arrived just before 10 am., said "I'm doing well, I feel great. It's not a sad thing."She said she doesn't have any time to take off and heal from the divorce. She has been made a regular adviser on television's "Divorce Court," and two weeks ago, she was permanently added to the cast of "Lincoln Heights," an ABC network series featuring multicultural families. The prime time show airs on Mondays."I'm excited," she said.Bynum, a nationally-known evangelist and Weeks, pastor of a once-large and prosperous church in Duluth, appeared to be a match made in heaven. But not even prayer could keep them together in the end.Both pastors have accused each other of violence, however Weeks was the only one to face charges for it. In March, Weeks, leader of Global Destiny Ministries, pleaded guilty to aggravated assault charges for pushing, kicking and beating Bynum in the parking lot of the Renaissance Concourse Hotel in Atlanta last summer.Bynum filed for divorce on the basis of cruel treatment soon after the August 2007 attack. The couple had already been separated for several months at the time.Weeks and Bynum wed in an elaborate televised ceremony six years ago. They built a church and international ministry together in Duluth, but busy work schedules, financial troubles and alleged incidents of spousal abuse eventually severed their union.Some followers of the couple, though, had prayed they would reconcile.However, in the tell-all book on his love life with Bynum "What Love Taught Me" Weeks, who was sentenced to three years probation and community services for assaulting Bynum, accepts some responsibility for the downfall of his marriage. He said he was a "workaholic" who hadn't really learned to relax and lighten up."I am a very private person — somewhat introverted," Weeks wrote in his book. "I lack personality in many ways ... I was always serious, focused and nerdish ... maybe that was one of my great downfalls in developing relationships."Weeks said Bynum was his polar opposite — outgoing and funny. But because she was so devoted to her ministry, he often felt lonely when she traveled on the job. Weeks said he missed the "connection" he had with his wife as a friend and a lover when she was gone preaching."I worked, worked, worked and worked to avoid feeling lonely," Weeks wrote in his book. Weeks said in his book there were "countless" women around him at church that offered to meet his needs, but he said he refrained from straying because of his faith and commitment to his church. "I have a legacy I have to carry out," he said.Weeks said in his book he and his wife never became "best friends" because of their separate lives. He said Bynum would discuss their problems with others instead of keeping things quiet."I didn't call my mother and father and tell them about the problems we were having," he said.Bynum, who has been divorced before, said during an appearance on Fox TV's Divorce Court that she tried to live with the problems in her troubled marriage."You are trained in the traditional sense of religion to be the person that is always fine," Bynum said. "I found myself trying to live up to that ... I didn't want to look stupid."But after the attack, Bynum said she could no longer pretend that she was happily married. She said she got so depressed afterwards, she considered suicide. "Suicide crossed my mind, jumping out of the window crosses your mind," Bynum said. "I felt hopeless."Divorce will not close the chapter on the couple's problems altogether.It could open up new wounds for them and their followers. Healing could take some time for everyone, says David Key, director of Baptist Studies at Emory University's Candler School of Theology."A divorce is like any kind of loss," said Key. "There is a grieving process."

Bishop Weeks offers divorce settlement to Juanita Bynum

2008-06-06T14:04:00.000-07:00

By BY D. AILEEN DODD

The Atlanta Journal-Constitution

Published on: 06/03/08

The end may be near for the troubled marriage of national evangelist Juanita Bynum and her estranged husband Bishop Thomas W. Weeks III.
Weeks, the leader of Global Destiny Ministries of Duluth, sent a settlement offer to Bynum so divorce negotiations wouldn't drag on any longer, said Weeks' attorney, Randy Kessler of Atlanta. The 15-page offer is being reviewed by Bynum's attorney, Karla Walker of Valdosta.
"There are a couple of minor changes we have to make," Kessler said. "We are hoping that the document will be signed by the end of the week."

Kessler would not discuss the terms of the settlement offer. Weeks is not seeking spousal support, Kessler said, but the pastor does want help covering his attorney fees.
Walker did not respond to a call for comment and Bynum's publicist, Amy Malone, had no comment.
Bynum and Weeks married in 2002 in an elaborate ceremony. They built Global Destiny Church in Duluth together before their relationship fizzled.

On Aug. 21, 2007, Weeks attacked Bynum in the parking lot of the Renaissance Concourse Hotel in Atlanta after the couple met to discuss their problems. They had been separated since spring 2007.
Weeks was convicted in March of aggravated assault in the attack on his wife. He was sentenced as a first offender, given three years' probation and ordered to attend anger management classes and perform 200 hours of community service.

Bynum proclaimed herself the new "face of domestic violence" after the August assault. The traveling Pentecostal pastor continues her ministry. In April, Bynum appeared on Fox TV's "Divorce Court," offering advice to a couple who were ending their marriage after a history of domestic violence.

Kessler said Weeks is looking forward to closing this chapter in his life. After Bynum missed several appointments to discuss the divorce, including a recent court-ordered mediation, Weeks grew tired of waiting and pushed for a settlement, Kessler said.

"He is moving forward with his life," Kessler said. "This is a way out. Everyone keeps what they have. Once they sign this ... all the judge has to do is attach a divorce decree to it."

Single parents create happy new homes after divorce

2008-06-01T16:47:00.001-07:00

Single parents create happy new homes after divorce

By H.M. CAULEY Atlanta Journal-Constitution Published on: 05/29/08

With the divorce rate hovering around 50 percent, it's no surprise that many of Stephanie Andrews' design clients find themselves starting over again. Unlike the recent grad who's just rented a new apartment or newlyweds moving into a starter home, the newly single often come with bits and pieces of their past to sort through, as well as a passion to put their own imprint on their surroundings quickly. "There's so much psychology that goes into designing a home," said Andrews, owner of the Candler Park-based Balance Design. "Newly single people want to explore who they are and put that in their house. It's a chance for them to show their own personal style."There's also something liberating about putting together a home without anyone else's approval. "They have full control and there's no need for compromise, which is very freeing for them," said Andrews. "They can have fun. About the only compromise they may have to make ends up being the cost." For divorced parents, there's the additional desire to make a house a home very quickly for the children. And there are considerations such as where the family will spend time together. Where will the kids do their homework?

Here's a peek inside three Atlanta residences where single parents have put their own style on a new space.

Getting more for less in Doraville

Graphic designer Gabrielle LeBlanc's post-divorce budget made finding a new home in her 8-year-old's school district a challenge. But after 18 months in a Dunwoody apartment, she uncovered a 1960s brick ranch in Doraville that needed a bit of TLC."I knew I could make it work," she said. LeBlanc ripped out carpeting and refinished the wood floors. She painted the trim and ceilings; installed new light fixtures; and added her own small details, such as replacing the wall switch covers. Her thriftiness extended to the furnishings. An inexpensive, three-tiered chandelier she found at IKEA got an upgrade when she added rows of crystals. A friend donated her kids' old crayon-covered art table that LeBlanc refinished to show off the wood. Instead of payment for a job, she traded her work for a futon. And she picked up some framed artworks for $1 at a yard sale.

LeBlanc scoured stores for decor deals and snagged several. A crescent-shaped table with repairable scratches was $90 at Ballard Designs. A low, glass-fronted buffet in the red dining room came from Crate and Barrel. A green suede sofa was a steal from World Market. Inexpensive cube shelving from IKEA created a storage unit for her son's toys.LeBlanc warmed the house with personal items. Framed photos of New Orleans, her hometown, line the halls. A portrait of her grandmother, painted by her grandfather on their wedding day, graces her home office."I wanted a fresh slate," said LeBlanc. "And I liked being able to create my own space without having to ask anyone's permission."

Kids come first in Avondale Estates

Attorney Sheryl McCalla gave her real estate agent a short list of requirements when she went house shopping five years ago. She wanted to be close to her job in Midtown and near the intown school that her two children attend. Though the three-bedroom house in Avondale Estates wasn't an exact fit, McCalla knew it was a terrific place to start over after a divorce."I was looking for a family friendly house in a nice neighborhood," said McCalla. "Here, we can walk to the pool and playground and I have the support of other parents in the neighborhood."The 1950s house had already undergone an extensive renovation, including the addition of a second floor and an open kitchen and family room. "That was key, because I wasn't in a position to do that kind of work," said McCalla.In the large foyer, the base of the staircase leads to the second floor and into the family room as well. A former living room, with a fireplace, is now the red dining room. McCalla turned the old glass-enclosed porch into the art room, where her kids are free to paint on the walls, floors or windows as their creativity moves them.The expanded kitchen has cherry cabinets and an island where the kids can do their homework while McCalla cooks. A corner eating area has a banquette for cozy seating. An adjacent small room holds all of the kids' toys and several musical instruments, while a former first-floor bedroom is now the TV room.McCalla decorated her son's room with a space theme and had an artist paint her daughter's favorite flowers and garden scenes around her bed.The move meant buying all new furniture. "The only things I had were a king-sized bed, two night stands, a dresser and an exercise bike," said McCalla. But she took her time tracking down the large wood dining table, with chairs and bench seating; a beige sofa and two chocolate chairs around the family room fireplace; and a round dining table in the breakfast nook.The kids' artwork on various walls and framed playbills from New York shows that McCalla's parents collected are constant reminders of family connections."Simplicity was my goal," said McCalla. "But it was also important to make the house comfortable. And it had to feel like home."

At home at Dad's

Attorney Doug Kertscher started his search for a post-divorce house for his two young children by drawing a 10-mile circle around their primary residence. The perfect place turned up in the form of a 6-year-old house in Morningside."The house had been well-maintained, which was important because I work a lot of long hours, and I didn't want to have my children with me while I was fixing the roof," said Kertscher.The three-story house came with enough open spaces for his children to run around and several areas that double as adult and kid areas. In the library, book shelves are lined with Dad's collection on the top rows; all of the kids' favorites are within their short reach below. A large rectangular ottoman opens to reveal a toy chest.Kertscher was also insistent that the bedrooms be on the same level so the children would be close by. "And I wanted their rooms to have neat things," he said. In his boy's room, there's an outdoor theme with stars on the ceiling, star lights and camping knick-knacks. His daughter's room, painted in pinks and greens, has stick-on fairies and her name on the walls. The third level of the house has one big room outfitted with a desk and computer, including two kid-sized chairs that double as recliners. Another corner holds a drawing area and chalk boards where the kids can get creative.A sun room houses the entertainment center in front of an over-sized chaise lounge big enough Kertscher and his tykes. "This is where we do our night-time reading," he said.Kertscher furnished the house with new pieces, including the large-screen plasma on the wall of the living area, and what he describes as "strong, male colors.""They're blues and grays, with some greens and reds, that are strong but still warm," he said.Most of his attention was devoted to creating a home that was functional for him while also being a comfort zone for his kids."It was very important to have a place where they'd want to come," he said. "They love coming to Daddy's house; sometimes they'd rather come here than go to the park. And I've been really happy about that."

Tips for making a house a home fast:

• Instead of ordering furniture, ask about buying a floor sample that you can take home immediately. Not only can you get it right away, you may get a discount.

• Shop for ready-made items, such as curtains, drapes and bedding that can punch up a room in minutes.

• The biggest bang for your makeover buck is color. Select a color scheme that will flow throughout the house and make you feel good every time you enter. • Make it personal by displaying your favorite items that have good memories.

Sperm of soldier killed in Iraq frozen for widow

2008-04-09T16:02:00.000-07:00

Sperm of soldier killed in Iraq frozen for widow
ATLANTA, Georgia (AP) -- A soldier's widow has succeeded in having sperm taken from his body and frozen four days after he was slain in Iraq, though medical experts said it's highly unlikely she would be able to bear his child.

Sgt. Dayne Darren Dhanoolal, 26, died March 31 when an explosive detonated near his vehicle in Baghdad. He had talked often with his wife, Kynesha, about having children, according to court papers filed by her lawyer.

On Friday, a federal judge in Columbus, Georgia, granted her request for a temporary restraining order preventing the military from embalming the body until samples of Dhanoolal's sperm were extracted. The samples were taken later that day and are in the custody of a medical representative for the widow, who is hoping to be inseminated, even though fertility experts said the procedure almost certainly would not work with her late husband's sperm.
"It's not viable," Dr. Andrew McCullough, associate professor at the New York University School of Medicine, said Monday.

Sperm maintain nearly normal movement and some function for the first three hours after a man's death. After that, their movement and viability declines, according to the Web site for the department of urology at Cornell University's Joan and Sanford I. Weill Medical College.
Dr. John Park, a fertility expert and assistant professor at Emory University School of Medicine in Atlanta, said there have been reports of viable sperm being retrieved up to 36 hours after a man's death. But he said it is "highly unlikely" any viable sperm could be retrieved four days later.

Recovery of viable sperm appears relatively uncommon after 24 hours post-mortem unless the body has been cooled, the Cornell site says. It was not known what, if any, precautions were taken to keep Dhanoolal's body sufficiently cool before his sperm were extracted.
Despite the odds, Kynesha Dhanoolal persuaded the judge to allow the sperm to be collected. Dhanoolal did not have a will but had signed a military form designating his mother, Monica Brown, to handle the disposition of his remains.
His widow asserted in court papers that Brown initially did not agree with her wishes.
However, "There's no battle anymore," Kynesha Dhanoolal said Monday after speaking with her mother-in-law over the weekend.

The widow's attorney, Frank Myers, said emotions got in the way of reaching an agreement earlier. Now, "I think everybody is on the same page," he said.
Brown did not return two calls to her Killeen, Texas, home on Monday.
As of Monday, no agreement had been filed with the court, which will determine who gets possession of the sperm.

"Hopefully, the peace will last and everybody will be happy in the end," Myers said.
Sgt. Dhanoolal was assigned to the 2nd Battalion, 69th Armor Regiment, 3rd Brigade Combat Team, 3rd Infantry Division at Fort Benning, in west Georgia. Fort Benning spokeswoman Monica Manganaro said she was not aware of another time where the widow of a soldier stationed at the base made such a request.
"This is strictly a personal choice of the family and not something we're involved with," Manganaro said.

Dhanoolal's body was to be flown Monday from Dover Air Force Base in Delaware to Texas, where a funeral is planned this Friday, according to the widow's family.
The widow's mother, Yvonne Watkins, said her daughter hopes to use her husband's sperm for artificial insemination as early as this summer.
"We're trying to honor my daughter and Darren's wishes," Watkins said. "All of his comrades and anyone who knew them knew he wanted children."

Custody dispute pits famed producer against Roswell mom

2008-03-27T18:38:00.000-07:00

By D.L. BENNETT

The Atlanta Journal-Constitution

Published on: 03/26/08

Under the professional name "BT," Brian Transeau has produced Sting and Madonna.
He has scored major motion pictures like "Monster," "Stealth" and "The Fast and the Furious." He's written sound tracks for Tiger Woods PGA Tour 2005 and other video games.
And his reputation for blending technology and rhythm have earned his albums a cult-like following.

But for the past few months, Transeau, 37, has gotten more attention for a bitter family feud with a Roswell woman, Karen Durrett, and her daughter, Ashley Duffy. It centers on the break-up of Transeau and Duffy's long relationship and custody and care of their 3-year-old daughter.
Atlanta has become the latest battleground for a struggle that's already wound its way through courts in Maryland and California.

Transeau failed late Tuesday to convince a Fulton County magistrate judge that Durrett should be kept away from his daughter. But Judge Karen Woodson gave lawyers for both sides a week to work out an order keeping the artist and Durrett apart.

"I'm asking everybody here to stop with all the blogs," Woodson said, "to stop all the e-mails, to have no have discussions at all. Nobody goes on 'Montel.' Nothing."
Transeau claimed Tuesday that he feared for his life from Durrett, a Roswell mother of three. He claimed Durrett had threatened him on the phone and posted disturbing messages on the Internet over the past several months.

Transeau and Weinstock said the artist has reason to fear Durrett because of a past that includes years of battering her children, extensive alcohol and drug abuse.
Durrett said her 27-year-old daughter graduated from Roswell High School before meeting Transeau at a concert and eventually moving to Los Angeles.
She testified that she has reformed her life and is now a church-going suburban mother who is no danger to Transeau.

"I did not make any threats to Mr. Transeau," she said, explaining that any blog postings that seemed threatening were just a mother venting anger and not real threats.
Her lawyer, Jason Coffman, argued Transeau was using his client's past as a smear campaign to settle personal scores, not because she's dangerous.

A California court ordered Transeau and Duffy to share custody last year, testimony showed. But in mid-December, Duffy disappeared with the couple's toddler daughter after a custodial visit in Maryland.

Six weeks later, federal authorities, Transeau and private investigators he had hired found Duffy, their little girl and Durrett in a rented apartment in California, according to testimony. Transeau got his daughter back. Duffy was arrested, and said she spent four days in jail before being released without charges.

The couple continue to spar over custody in Los Angeles. Meanwhile, Transeau moved the battle to Atlanta because Durrett lives in Roswell.
Earliert his month, Transeau filed suit in Fulton County Superior Court against Durrett, accusing her of defamation and interference with custody.

The suit claims Durrett has damaged Transeau's ability to earn a living by waging a withering online attack on him and helping to arrange for Duffy to take his daughter earlier this year.
He claims some job opportunities have dried up because of postings Durrett placed on various blogs calling Transeau an abuser and someone who emotes "darkness and evil."

Forget silver anniversaries: Many couples grapple with 'gray divorce'

2008-03-26T12:07:00.001-07:00

Forget silver anniversaries: Many couples grapple with 'gray divorce'

By ELLEN LYON
Associated Press Published on: 03/24/08

It's been nearly a year since Sherman Smith's 33-year marriage ended in a divorce that, he said, his ex-wife wanted after she realized she didn't love him in the same way anymore. "A divorce is kind of like a death, but she's still there and I can't have her," said Smith, 55, of Elliottsburg, Pa. "I was really looking forward to retiring some day and spending more time with her." Smith has spent 18 months in a divorce support group. "I'm not 100 percent, but I'm pretty doggone good," he said. Annie, 69, of Enola, Pa., who didn't want her last name used, has been divorced since September after her husband of 47 years left her for an old high school flame. Annie said she had considered their marriage a happy one. Divorce simply wasn't in the realm of possibilities for them.

"It hit me in the face like a two-ton truck," she said. "I hadn't a clue. It was the most absolutely horrible thing that ever happened to me. I'm still not over it. I'll never be over it." Although the divorce rate is highest among men ages 30 to 34 and women ages 25 to 29, attorneys, marriage counselors and researchers say that increasingly, people in their 50s, 60s and 70s are grappling with what has come to be known as "gray divorce."

Higher incomes, advanced education and longer lives contribute to the trend, said Gordon Nelson, an associate professor of human development and family studies at Penn State. "People might be becoming increasingly more independent," he said. Mature people in long-term marriages often have multiple and complex reasons for calling it quits.

The '60s generation, more focused on happiness and personal fulfillment and less inhibited about divorce, is moving into its 60s, New Cumberland, Pa., psychologist and marriage and family therapist Sally Tice noted. And as people live longer "there's more years to think of putting up" with unhappy marriages, she said. Raising children can take a toll, too.

"It's very typical for couples to grow apart during the adolescent years of their children," Tice said. And if they haven't renewed their relationship, it can fall by the wayside. Carlisle, Pa., divorce and family law attorney Carol Lindsay identified one age-old reason for gray divorce: the midlife crisis. This temporary emotional upheaval is seldom referred to as such by anyone in the midst of one, and it's typically a male phenomenon, she said. "There's this vague longing. Mortality is calling," Lindsay said. "People throw over things they have. ... There's this sense that I missed something."

But it's not always true that older men find it easier to remarry, said Camp Hill attorney Corky Goldstein — whose oldest divorce client was 81 and "very, very unhappy" in a 44-year marriage. "If you don't really have any money, a man in his 70s is not going to attract a younger woman," he said. Yet, while divorce at midlife used to be more of a "male deal," increasingly women are initiating it, Lindsay said. A 2004 AARP study of persons who had divorced between the ages of 40 and 70 confirmed Lindsay's observations: 66 percent of the women surveyed said they had asked for the divorce, compared with 41 percent of the men.

Lindsay believes a different kind of midlife event is often at work with women who, for years, cared for their husband and children. "The hormone for taking care of people goes away and they're sick of it," she said. "They're just not in the nurturing mode any more." Sometimes it has to do with women getting jobs and having the money to leave, coupled with a softening of the taboo against divorce, Lindsay said. Gray divorces generally don't have the grueling, heart-rending custody issues common in younger couple's divorces, but they can be wrought with the complications of property ownership and division of assets.

In Smith's case, his ex-wife had her own pension plan, he said. Annie, a retired teacher, also has her own pension and Social Security, but she resents how the divorce has changed her financial situation. "When my husband and I were together we had enough money to do whatever we wanted and now I'm strapped," she said. Some older couples show their maturity in the way they handle their divorce. "Sometimes there are graceful older people and you are so grateful for them as clients," Lindsay said. "I always think a long marriage deserves to be honored with a
respectful divorce."

TIPS FOR SURVIVING DIVORCE IN LATER LIFE • Join a support group.
• Develop same-sex friendships.
• Volunteer.
• Don't isolate yourself.
Seek out the medical, mental health and spiritual resources. • Give yourself time to grieve and heal.
• Consult an attorney and a financial adviser before signing any documents regarding marital assets. Choose an attorney who will advise you of your rights and represent your interests but who won't escalate matters beyond your comfort level. You both are going to want to attend the grandchildren's birthday parties.

Sources: DivorceCare support group leaders Beth and Wayne Janis, Mechanicsburg, Pa.; attorney Jeanne Costopoulos, Camp Hill, Pa., attorney Corky Goldstein.

How Much Life Insurance Do You Need After Divorce?

2008-03-18T10:23:00.000-07:00

How Much Life Insurance Do You Need After Divorce?

(provided by Ann O'Flanagan, Esq.)

Experts believe that a surviving spouse with children needs at least $100,000.00 worth of insurance for every $500.00 of pre-tax income. If you require $3,000.00 a month ($36,000.00 per year) to cover your expenses, your spouse should have $600,000.00 of life insurance. ($3,000.00/500.00 = 6; 6 x 100,000.00 = $600,000.00) of insurance to meet your bills. The surviving souse would invest the $600,000.00 at a conservative interest rate of 6 % which would generate $36,000.00 a year in interest before taxes. Because the surviving spouse and children would be living off the interest, rather than the principal. the income would last forever. Many people feel that $50.000.00 worth of insurance, that's commonly part of, an employee benefit's package. is enough. It is not.Therefore, at the time of divorce, it is imperative that additional insurance be obtained so that, in the event that your spouse dies, and alimony and child support ceases, the surviving spouse and children have sufficient funds to live on.

To get life insurance "by telephone or on line" the following sources can be considered:

InsuranceQuote Services 800-972-1104
http://www.iquote.com/

MasterQuote 800-337-5433
http://www.masterquote.com/

QuickQuote 800-867-2404
http://www.quickquote.com/

Quotesmith.com 800-556-9393
http://www.insure.com/

TermQuote 800-444-8376
http://www.termquote.com/

Information provided by: Ann O'Flanagan located at http://www.divorcesource.com/NJ/oflanagan.html

Credit Card Debt in Divorce

2008-03-15T04:49:00.000-07:00

Credit Card Debt in Divorce
By Aaron Larson
Law Offices of Aaron Larson

While divorcing couples frequently carry credit card debt, often little attention is paid to these debts beyond their being assigned to one spouse or the other in the divorce judgment. Care must be taken that a spouse will not be held responsible for additional credit card debts incurred by the other, and that each spouse is protected to the maximum extent possible if the other fails to make payments and ultimately to pay off their share of any joint credit card debt.

Remember: Creditors are not obligated to respect the terms of your divorce judgment.

Assigning Responsibility for Credit Card Debt

Often the parties to a divorce will assign to each spouse the responsibility for specific credit cards and their associated debt. To help ensure that all joint debts are identified, including any credit cards which may have been taken out by one spouse without the other's knowledge, it may be beneficial to get copies of the credit reports of the divorcing couple, and to make sure that the debt from any creditor not paid off in full is assigned to one spouse or the other.

Cutting Off Your Liability For Additional Debt

When you divorce, you should make sure that you either close any joint credit cards, or that at a minimum you have your name removed from any joint accounts which will continue to be used by your spouse. This will not end your liability for debts incurred up to that point, but should end your responsibility for any new debts incurred on those accounts by your spouse.
Similarly, if you hold any accounts in your own name for which your spouse is an authorized signer, you should revoke the authorization.

Protecting Yourself From Default or Bankruptcy

It is not unusual after a divorce for one spouse to fail to pay off a joint credit card debt which predates the divorce. If appropriate steps weren't taken to cut off liability, sometimes a joint account will remain open with both spouses liable for the new charges, even though the new charges are made after divorce. The debt load on these cards, delinquent payments, and any default or referral to a collection agency, will appear on the credit reports of both account holders. The creditor will also be able to pursue either or both account holders for payment, including interest, penalties, and possibly legal fees. The creditor does not have to be fair - if it wants, it can direct all of its collection efforts at the innocent spouse.

Thus, a divorce judgment should include a deadline by which the joint credit card debts allocated to each spouse will be paid off in full, and provide for appropriate remedies in the event that repayment does not occur. Note that refinancing credit card debt is often as simple as applying for a new credit card and requesting a balance transfer.

There should be a "hold harmless" clause in the divorce judgment which prevents the spouse who is responsible for the debt from trying to shift any responsibility back onto the other spouse, and an "indemnification" clause which requires the spouse who is responsible for the debt to repay any losses suffered by the other spouse, including any payments made toward the debt by that spouse, or legal fees incurred in defending against a collection action or returning to court to compel compliance with the terms of the divorce judgment.

There is also language which can be included in a divorce judgment, which can help protect an ex-spouse from being left without recourse if the other spouse declares bankruptcy before paying off the credit card debts. Ask your lawyer if it is possible to include language which will make the spouse's obligations under the divorce judgment non-dischargeable, or significantly less likely to be discharged, based upon the manner in which the debt and repayment obligation are characterized in the divorce judgment, for example by characterizing the timely payment of the debt as being necessary for the support of the other spouse.

Estranged evangelists meet, no resolution yet

2008-03-10T18:35:00.000-07:00

By D. AILEEN DODD
The Atlanta Journal-Constitution
Published on: 3/10/08

National evangelist Juanita Bynum on Monday finally met with her estranged husband, Bishop Thomas W. Weeks III, and his attorney for a deposition in preparation for divorce proceedings. The meeting, which began at 9 a.m. in the law office of Randy Kessler, attorney for Weeks, lasted for more than six hours. Bynum came to the deposition with her attorney, Karla Walker, of Valdosta. Weeks, who will face criminal charges Tuesday for allegedly beating Bynum, also attended the meeting. So did Ed Garland, his defense attorney in the criminal case.

The deposition lasted for about three hours, but the group continued a closed-door discussion afterwards. Weeks emerged from the law office about 3:40 p.m. smiling.
"Things are good, they are always good," he said as the elevator doors closed behind him. Ten minutes later, Bynum appeared in black coat and tinted sunglasses. When asked was the divorce resolved she said "no," and would not comment further.

Kessler sought a court order to sit Bynum down for a deposition after several attempts to meet with the pastor failed because of scheduling conflicts. He said he wanted an opportunity to talk with Bynum on the record about allegations of cruelty in the marriage before the divorce case went to court. The couple has been separated since June.

Kessler said he asked Bynum what she would accuse Weeks of and what Bynum did to Weeks in their stormy marriage. "This was a normal standard deposition," Kessler said. "There was no yelling and arguing. I think it was helpful for everybody." At about 1:50 p.m. the attorneys Kessler, Walker and Garland left the law office to go to lunch and talk. Garland would not say why he attended the proceedings.

Bynum and Weeks remained in the law office while their lawyers, who didn't return by the close of the business day, were away. A lawyer at Kessler's firm, Monica Hanrahan said she later joined the couple but would not say what was being discussed. Kessler returned alone after 5 p.m. and said the divorce case and criminal case share similarities. Bynum also has alleged abuse in the divorce case. She is seeking divorce for "cruel treatment." "The facts are the same," Kessler said. "She is claiming mental cruelty based on the incident that occurred on Aug. 21."

On that day Weeks allegedly assaulted Bynum in the Renaissance Concourse Hotel parking lot near Hartsfield-Jackson International Airport.

Garland was in the law office while Bynum was deposed, which allowed him to hear the testimony of the main witness in the criminal case the day before trial, scheduled to start at 11:30 a.m. today in Fulton County Superior Court.

Garland will be representing Weeks as he faces charges of aggravated assault, terroristic threats and simple battery. Weeks has pleaded not guilty and has said that he has been a victim of domestic violence in his marriage to Bynum.

The perfect client

2008-03-07T06:48:00.001-08:00

The perfect client Written by C. Sean Stephens

What a lawyer thinks of as a “perfect client” in the domestic relations sense is a client who helps the process of the dissolution, custody, or support matter along. We know how hard this process is to be going through, but it can be a much more difficult process the longer it drags on — and a much more expensive one for you. (Although we like getting paid as much as anyone else, we believe we should be problem-solvers, not problem-creators.)
Good attorneys will always treat their clients — all of their clients — with the same professionalism and respect they treat any other client. However, by helping us help you, you can make the process smoother, lower your costs, and get a better result! Here are some things you can do to help your attorney in your domestic relations case, to make things run more smoothly.

Tell us everything — the good, the bad, the ugly. We want to know the nastiest things the other side might throw at us, true or not. If you have hidden sources of income, a stake in Anna Nicole Smith’s love nest in the Bahamas, or a rare coin collection, we need to know and plan accordingly.

Provide us with your tax, banking, investment, insurance, titles to cars and whatnot, and any other requested information quickly in the process (if you can bring this stuff to your first meeting, we might very well cry with joy). If you’re not in a place where you can get the information, sign a release that allows the attorney to request the information on your behalf. Keep in contact with us. We’ll provide you with frequent updates, but there are times when we need to get in contact with you quickly, too.

Similarly, let us know the best way to contact you. If you’re one of those people who hates checking her voicemail but lives on her computer (wait, that would be me when I’m at home), let us know your email address and if that’s a better way to stay in touch.

Understand that a contested divorce may take a while, even if it ultimately settles. We want closure for you as soon as we can get it, too, but not at the expense of a good settlement for you. If your case involves child custody, parenting time, or support, sign up and follow through with the mandatory education classes as soon as you can.

Remember that your attorney is there to give you expert advice and recommendations, but isn’t going to be able to make the final decision about whether or not you should take a settlement. He can and will tell you if it’s a good idea or a bad idea, and what the benefits and pitfalls of an offer might entail, but the ultimate decision is going to be yours. Also, if you don’t like the way negotiations may be headed, if you change your mind about the way the case is going, or if you’re just generally unhappy about something, please say so. We’d much rather know about it (and fix it) than to find out much, much later that you’d been unhappy for a very long time.

Advice aside, we know that this may be the, or one of the most difficult times of your life. We treat all of our clients as we would hope to be treated under the same circumstances: with diligence to their case, courtesy, the utmost respect, and the highest level of customer service possible.

Do I have to pay alimony?

2008-03-02T08:35:00.000-08:00

The short answer is: “It depends.”

Georgia law provides that alimony, or spousal support, may be awarded to one spouse in the event of a divorce or separation. At times, spousal support is awarded on a temporary basis before the divorce is final. Alimony may be paid to either a husband or a wife. Georgia law provides 8 factors which the court determine alimony.

1. The standard of living established during the marriage;

2. The duration of the marriage;

3. The age and the physical and emotional condition of both parties;

4. The financial resources of each party;

5. Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;

6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;

7. The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and

8. Such other relevant factors as the court deems equitable and proper.

Alimony may not be awarded to a requesting spouse if the separation between the parties was caused by that party's adultery or desertion. There are also other, variable factors that will influence a judge’s decision to award alimony. Some of these factors are within the client’s control such as:

A party’s behavior during trial;
A party’s willingness to be open and honest in disclosing financial information
The age of the children of the marriage, if any
Both parties’ employment status / prospects

Georgia Code §19-6-1 & §19-6-5

Payment for Broken Engagement?

2008-03-01T04:49:00.001-08:00

Payment for Broken Engagement?

"Mexican brides and grooms who get cold feet before walking down the aisle will have to pay their significant other for the inconvenience, if a proposal by a local congressman is adopted. . . .

Jose Antonio Zepeda, a city deputy for President Felipe Calderon's conservative National Action Party, wants to introduce the idea of compensation for backing out of a wedding as part of changes to the capital's civil code.

"He or she who refuses to live up to a marriage commitment will pay for the expenses that the other party made in connection with the planned matrimony," Zepeda's proposal says.

Zepeda also wants lawmakers to give legal status to prenuptial agreements for those on their way to the altar in hopes it will make divorce settlements easier if the couple splits later on." By Reuters Link to Article (last visited 2-26-08 NVS)

Top 10 list: Top 10 things to NOT do during your divorce.

2008-02-29T06:36:00.000-08:00

December 14, 2007

Posted by csstephens in Dissolution, Property Division, Top 10 List, settlement.

Divorce is not easy. There are many pitfalls and traps awaiting parties that have not educated themselves about the process. People often make bad decisions under stress, or without the guidance of an experienced lawyer. Don’t be one of them. Divorce law isn’t rocket science, but it isn’t always intuitive. Avoid the following 10 divorce pitfalls to get a better result.

During your divorce, you should NOT:
1. Lie to your lawyer: We are here to help you. Your communication with us is privileged, meaning we can’t tell others about it, except in certain child abuse scenarios. The more we know, the more we can help. We need to know everything, the embarrassing, the ugly, and the secret. If you have a drug, alcohol, or gambling problem, tell us. You have two options:

(1) Disclose and likely hear from your lawyer that your secret or problem is irrelevant to the court process, or

(2) Fail to disclose and have your case hurt at trial because the other lawyer knows facts you haven’t told your lawyer.

2. Lie to the court: If you have a trial, the result is directly affected by your credibility. Judges are generally experts at determining who is telling the truth, and who is lying. Not only is lying to the court a crime, but your lawyer may have a duty to stop the proceeding and tell the court if he or she knows you are misrepresenting facts! If you have areas of your case that are sensitive, work with your lawyer on what you are going to say, but don’t misrepresent.

3. Involve the kids in the process: If your case involves a custody or parenting time dispute, nothing will draw the wrath of the court faster than involving your kids in the dispute. Don’t talk to them about the case. Don’t use them as pawns in the battle against your spouse. Don’t use them as your therapist, or treat them as your peers. Don’t put your spouse down in front of the kids. You are not only harming your case, you are harming your children.

4. Hide or fail to produce documents: You have an absolute right to see your spouse’s financial documents. Your spouse has an absolute right to see your financial documents. I have seen many cases that could have been simple turn complex and expensive when someone decides to not voluntarily produce records. The court can force you to produce records, and order that you pay your spouse’s lawyer fees incurred in getting the records. Good clients and good lawyers produce documents quickly and voluntarily. I had a case where we asked for some email records from the other side. They did not produce them, and when we filed a motion to compel their production, they tried to tell the court that they had been destroyed. The stunt seriously impacted the opposing lawyer’s credibility with the court.

5. Refuse to cooperate with a court appointed expert: In divorce and custody cases, experts called “custody evaluators” are routinely appointed to gather information about a family and make a recommendation regarding an appropriate parenting plan. If one is appointed in your case, cooperate. Be on time for appointments. Treat the expert with appropriate respect. Ignoring the requests of the evaluator can seriously harm your position and credibility with the court. An evaluator will likely make negative assumptions about you if you cannot comply with a court’s order to cooperate.

6. Settle without analyzing your case: Divorce can be unpleasant and emotionally painful. One reaction is to try to get it over quickly. Do not give into the urge to be done with the case before you have a full understanding of the assets and what a fair distribution looks like. You don’t want to be in a position where you are contemplating settlement and your spouse knows more about the assets than you. Prepare and go over a proposed distribution of assets and liabilities with your lawyer. Make sure you know the nature and extent of the assets, and get additional discovery if you don’t. Do not settle prematurely, before you know what is fair.

7. Fail to try to resolve the case outside of court: Don’t settle early without analysis, but also don’t fail to try to settle. Good lawyers and reasonable people settle most divorce cases without a trial. Many clients benefit from mediation, either through the county courthouse or through a private mediator. Our experience has been that many very difficult settle in mediation with the guidance of a trained expert mediator. You should always consult with your lawyer during the process to make sure you are getting a fair result. Settling also means you choose the outcome rather than have a judge impose an outcome on you. Parties that settle are generally happier long term, and have less ongoing conflict. Even if the other side is unreasonable, you should still make an offer to create a record of your position.

8. Take out your stress in unhealthy ways: This is the wrong time to up the drinking or other unhealthy behavior. Expect stress from the conflict and plan for it. Take out your stress in healthy ways, like at the gym, sports, or in talking to friends or a counselor. Don’t take it out on your children, or your body through unhealthy behaviors.

9. Be economically irrational in negotiations: At some point in every case it costs more to continue arguing than what is at stake. Approach your case with a business like mind. Are you really winning if you spend $1000 on lawyers to argue over a $50 lamp? Some (bad) lawyers insist on arguing about every point, without regard to cost. Every issue is a new battle front. A request to resolve one issue results in two more contested issues. In our opinion, these lawyers don’t serve their clients well. Pick your battles. If it costs $1000 to argue over something you can replace at Target for $20, buy a new one, and focus on what is really important.

10. Be your own lawyer if your case is contested and your spouse is represented: Many judges dislike unrepresented parties. Even experienced divorce lawyers hire experienced divorce lawyers for an objective opinion. Many unrepresented people who think they have a great case find out otherwise after a judge rules against them because they can’t tell the judge everything they want to because of the rules of evidence. If you disagree over property or custody, and your spouse has a lawyer, seek representation.

Clark's book on teen husband pulled for 're-editing'

2008-02-29T05:32:00.001-08:00

By CHANDLER BROWN

The Atlanta Journal-Constitution

Published on: 02/28/08

The scintillating tale of Lisa Clark's sex life —and marriage to her teenage lover— were apparently too hot for some to handle.

This week, the Florida company that published "Betrayed: The True Life Story of Lisa Lynette Clark," pulled it from bookstore shelves so it could be re-edited.

The 191-page book, which details dozens of sexual encounters Clark had with men and women over two decades, is being reprinted to delete the names of those involved, publisher Shelly Grant said Thursday.

"I didn't realize Lisa had left them in there," said Grant, whose mother, Jennifer Grant, helped Clark write the book while the woman was serving time at Metro State Prison.
Grant said a revised book would be released Tuesday. She said no one had contacted her company, Phoenix Publishing House, to complain. "We want to take action before it comes to that," she said.

Judy Hayles, grandmother of the teenage boy Clark wed, said she read the book this week.
"It's nothing but lies, lies and more lies - pure filth," said Hayles, 63, who is described in the book as a controlling grandmother who molested Clark's young husband. "I can't pinpoint one single part. The whole thing made me sick to my stomach."

Clark could not be reached for comment. Her attorney, Kim Dymecki, would not talk about the book.

Outwrite Bookstore and Coffee House in midtown Atlanta sold all 20 of its copies, owner Philip Rafshoon said. He said he received one complaint call, but would not elaborate.
"It's a pretty interesting book, isn't it?" Rafshoon said Thursday. He said he planned to stock the new book once it arrives.

Clark's book came out Friday, the same day she was released from prison. She served two years for helping her then-15-year-old husband escape from a DeKalb County group home. Before that, she spent nine months in the Hall County Jail after pleading guilty to statutory rape.
A week out of prison, Clark, 39, is trying to reunite with her husband, who is now 17 and temporarily living in Texas with his mother, and their 2-year-old son, who is staying with a one-time friend, according to Dymecki.

Under "a loose agreement," Clark placed the boy with a former co-worker shortly after he was born to her in jail, Dymecki said. Last spring, the attorney filed motions in Douglas County Superior Court asking a judge to grant Clark custody of her boy. The case is pending.
Clark has maintained a low profile since leaving prison Friday, save for a TV interview Monday in which she said she hoped to get her son back.

Meanwhile, Clark is looking for a job and trying to "put this all behind her," Dymecki said.

SPEAKER'S DIVORCE: Activist urges files be unsealed

2008-02-29T05:27:00.000-08:00

By Bill Rankin

The Atlanta Journal-Constitution

Published on: 02/20/08

The Paulding County divorce file of House Speaker Glenn Richardson and his wife, Susan, should be unsealed because the case is a matter of public interest, an ethics activist said in a court motion filed Tuesday.
George Anderson of Rome filed the motion in Paulding County Superior Court, seeking an order to open the file to the public.

"The records may well hold the answers to many of the questions raised whether this divorce was given special priority and special treatment," said Atlanta lawyer Gerry Weber, who represents Anderson.

"While divorce is always sensitive and heart-breaking, treating the House speaker's divorce records like all other citizens' will help keep any back-door politics and special favors in check."
"Just like the speaker works to protect the privacy of the citizens of Georgia, his family and children deserve the same privacy," Clelia Davis, a Richardson spokeswoman, said Tuesday.
"He has not and will not comment on matters affecting his family." Susan Richardson could not be reached for comment.

Randall Kessler, an Atlanta family law attorney, predicted there is not much information in the court file because it is an uncontested divorce.

On Feb. 6, Paulding Superior Court Judge Jim Osborne signed an order sealing the documents of the divorce case, even though it had been assigned to Superior Court Judge Tonny Beavers.
Osborne made his decision after the Richardsons appeared privately before him in his chambers.
Osborne was a law partner of Richardson's in the early '90s. Osborne's daughter is a lawyer at Richardson's law firm in Dallas, the county seat.

In his order, Osborne said he sealed the file after finding the harm to the Richardsons and their three children "outweighs any public interest and access to that portion of the record."
Anderson's motion contends Osborne failed to follow proper procedure when sealing the file.
The motion cites a 1988 Georgia Supreme Court decision allowing The Atlanta Journal-Constitution access to sealed court records involving a woman's lawsuit against a Roman Catholic priest and the Catholic Diocese of Savannah.

"Public access protects litigants both present and future ..." that ruling said.

Video -An Eye For An Eye Counter Punch Strategy By Bishop Weeks

2008-02-29T05:25:00.001-08:00

New Custody Law Affects Many Georgians

2008-02-29T05:19:00.000-08:00

2008 Brings New Child Custody Laws

Denis O'Hayer Reports 11 Alive News

Web Editor: Chris Sweigart 12/26/2007 8:32:00 PM

The New Year will bring several new laws to Georgia including more changes to the state's rules for divorcing parents. The new law streamlines the process for determining child custody because the bill's sponsors said our old laws often trapped kids in traumatic legal battles.Representative Judy Manning (R) chairs the House Children and Youth Committee. She and other sponsors of the new law said they'd heard from parents of kids stuck in custody fights that never seemed to end.So, the 2007 legislature passed some changes.One requires each parent in a custody contest to file a parenting plan with the court. The hope is the judge could then get both parents to sit down and agree on a final plan; so mom and dad won't fight to pile up hours with the kids, just to win custody from a judge who doesn't know their individual lives.“The idea that you can count the hours that you had with your child was really too tight for the parents. It got to be too personal, and too much of a squabble,” Manning said.Other parts of the new law:

Judges can award attorney's fees. That's supposed to keep wealthier parents from using constant challenges as a weapon.
Parents can further streamline the process by agreeing to use binding arbitration instead of the courts.

Kids 14 and over can no longer be the sole deciders of which parent's house they'll call home.“Sometimes it became part of a bidding war, where one parent would promise a car or a computer or a cell phone or whatever,” Manning said.

Two years ago, there was a huge fight over how to divvy up money between so-called first and second families. But, this law - to shorten the pain for all kids - passed both the House and Senate with just one no vote.The new law also requires courts to keep track of how many custody fights they handle. Up to now, lawmakers and judges haven't been able to get good statistics on how many kids are affected by custody battles.

Video - Collaborative Law Discussed on Today Show

2008-02-29T05:13:00.001-08:00

Evangelist Bynum skips divorce meeting

2008-02-29T05:12:00.000-08:00

By D. AILEEN DODD

The Atlanta Journal-Constitution

Published on: 02/18/08

Bishop Thomas W. Weeks III got stood up at the negotiation table Monday when his estranged wife evangelist Juanita Bynum failed to show for a mediation of their divorce.

The appointment was scheduled for 2 p.m. in the Atlanta law office of Kessler, Schwarz and Solomiany. Weeks, his lawyer and a court reporter waited on Bynum and her divorce lawyer for more than an hour.

Both Bynum and her attorney, Karla Walker of Valdosta, were no-shows.Bynum's attorney Randy Kessler said Walker had alerted him earlier she had a morning court date. He said she did not respond to his attempts to contact her afterward that afternoon.
"I called five times, and each time I was told she was still in court," Kessler said."We e-mailed her. We told her we would be here all night if we needed to. She has not called us back. We agreed on this date."

In a telephone interview, Walker said she told Kessler's staff last week about a criminal court case conflict she had Monday in Valdosta. "I was in court all morning until almost 2 p.m," Walker said. "There was no getting to Atlanta from here to there. Valdosta is three hours away."

Additionally, Bynum is out of state attending a funeral, believed to be in Chicago, Walker said,Kessler said he has been trying to set up a meeting with Bynum and Walker since Oct. 1. According to court documents, Kessler notified Walker of more than 20 available meeting dates that he and Weeks would be willing to sit down and discuss the divorce.

None of them suited Bynum, 49, or her attorney, he said. Several appointments have been postponed and rescheduled.

Countered Walker: "This has not been some effort on Bynum's part to delay it. It is the nature of the beast when you're talking about dealing with two attorneys' schedule."

Weeks waited in Kessler's law office until 3:45 p.m. for his wife. He wore a brown pinstriped suit with a vest, a pocket watch and a fuchsia print bow tie. The leader of Global Destiny Ministries said he wanted some "closure" for his relationship, even if it meant that he and his wife moved on with the divorce.

"I think it is important to follow her lead," Weeks said. "She wanted the divorce. I'm willing to support her." Added Kessler: "If she wanted to resolve it, she could have done so by coming here today." The court-ordered mediation will be rescheduled. Kessler said he has petitioned the court to force Bynum to sit down for a deposition.

The couple, who wed in 2002 in an elaborate ceremony, have been separated since last spring.Bynum has accused her husband of beating, choking and stomping her to the ground in an Atlanta hotel parking lot on Aug. 21, 2007. Weeks is facing a charge of felony aggravated assault, making terroristic threats and simple battery in connection with the alleged attack.

The pastor said he is still open to mending his marriage or moving on. Supporters of the couple and some members of Global Destiny Church in Duluth have been praying for Bynum and Weeks to reconcile.

"We will leave it in God's hands," Weeks said.

Edwards & Associates, Gwinnett Family Law Attorneys

Child Custody Move-Away Issues

2008-02-29T05:11:00.000-08:00

By Child Custody Coach

Divorcenet.com

When a custodial parent in a child custody proceeding requests a move-away order from the court allowing him/her to move a significant distance that would interfere with the noncustodial parent’s visitation and his/her contact with the children, this is commonly referred to as a move-away case. A move-away case is one of the most difficult cases for the family courts to hear, because the request by the custodial parent to move away with his/her children often has a negative impact on the frequent and continuous contact the children will have with the noncustodial parent. Some jurisdictions are permissive in how they rule on move-away cases, and other jurisdictions are more restrictive.

States in which the statutory language and case law pertaining to move-away cases is more permissive may result in more permissive rulings. In such states, there may be a strong presumption that the parent that has primary physical custody of the children has the right to move away with the children, while the burden to prevent the move-away (by showing that the move-away is in bad faith or would be detrimental to the welfare of the children) rests squarely on the noncustodial parent. Further, states that are more permissive in move-away cases may not require the custodial parent to show that the move is expedient to the child’s welfare, or even necessary. In other words, if the move-away is good for the custodial parent, then the move-away is presumed to automatically be good for the children. The resulting high burden placed on the noncustodial parent to prevent the move-away has made such cases the perfect battleground for some custodial parents to alienate the noncustodial parent from his/her children.

In other jurisdictions, the statutory language and case law pertaining to move-away cases may be more restrictive, placing a higher burden on the custodial parent seeking to move. That parent may have to demonstrate that the move-away is in good faith, necessary, expedient to the welfare of the children, and/or in the best interest of the children. In such states, rulings regarding move-away cases may result in more restrictive move-away decisions.

Overall, move-away cases often have an all or nothing feel to them, especially for the noncustodial or left-behind parent. A move-away case can forever change a child’s relationship with the left-behind parent. A move-away case is not about whether the parent can move away; it concerns whether the parent can move away with his/her children. If you are seeking a move-away order or trying to prevent a move-away order, you would be wise to consult an attorney to find out if your jurisdiction is permissive or restrictive in ruling on these cases.

Edwards & Associates, Gwinnett Family Law Attorneys

Video - 10 Avoidable Mistakes for Divorced Parents

2008-02-29T05:09:00.001-08:00

Ex-NBA player with at least 8 kids files for bankruptcy

2008-02-29T05:05:00.000-08:00

Atlanta Journal Constitution

By Tim Eberly

Published on: 11/11/07

Former NBA player Jason Caffey had two kids with his wife before she filed for divorce in Fulton County last year.

He also has had a slew of children —- at least six others —- with other women around the country, in and around Atlanta as well as in Alabama, Louisiana and Illinois.

Most went to court and got hefty child-support orders from Caffey while he was making millions playing professional basketball. Once he left the NBA in 2003, though, Caffey's well of cash dried up like the shores of Lake Lanier.

But he was still on the hook for the payments. Now he has filed for bankruptcy in Alabama to get the women —- and law enforcement —- off his back.

Caffey's attorney in Atlanta says his client agreed to the high payments because he could afford it. In a 10-year career with the Chicago Bulls, Golden State Warriors and Milwaukee Bucks, the 6-foot 8-inch power forward made as much as $5 million a season.

"Those days have ended," lawyer Jim Altman said. "And he's been saddled by these payments that are absolutely astronomical."Altman said he doesn't know what happened to Caffey's basketball money. Caffey did not return a phone message seeking comment.

Caffey, 34, filed for bankruptcy in August, but some of the women's attorneys say he hasn't ponied up in years.

And it's starting to catch up to him. He recently spent about a week in a Tuscaloosa County jail in connection with one child-support case, and had an arrest warrant issued in Fulton County earlier this year for another.

According to bankruptcy documents, Caffey is nearly $2 million in debt and has about $1.15 million in assets, most of which is tied up in business ventures.
Among his other assets: two NBA championship rings he won with the Chicago Bulls ($10,000) and a 2006 Dodge Charger ($34,000).

Now living in Mobile, Caffey is a businessman, making $11,500 a month from a string of day-care centers and a sports bar, all in his hometown.

But he spends more than he earns —- about $15,000 a month —- forcing him to arrange a $50,000 loan from his mother, documents show.

Altman said he doesn't know if Caffey is currently paying child support to any of the mothers.The three attorneys contacted by The Atlanta Journal-Constitution say he isn't. And one of them, Randy Kessler of Atlanta, noted the irony that Caffey has entered the child-care industry."He's a deadbeat," said another attorney, Clarence Roby Jr., who is representing a Louisiana woman who had two of Caffey's children. "If you choose to procreate and have children coast to coast and you don't take care of those children, you're a deadbeat."
It's not clear exactly how many children Caffey has fathered —- and his lawyer's not telling."It's more than I have and fewer than what Evander Holyfield has," said Altman, who has two children, compared to 11 for Holyfield.

The attorney for Caffey's wife, Bebe Caffey of Roswell, said she doesn't know, either. Neither does her client.

"She didn't know about all of the children," lawyer Regina I. Edwards said. "She knew about a few. She had no idea he was being that disrespectful to her."

The women listed as creditors in the bankruptcy documents had eight of his children—- five boys and three girls between the ages of 3 and 14.

Two of those children were born to Caffey and his wife. They were married in August 1998 and separated in January 2006, but have not yet finalized the divorce. A settlement included $2,500-a-month child support payments, but Caffey never signed it and has not been paying her, Edwards said.

Locally, Caffey had children with at least two women: LoRunda Brown of Lawrenceville and Nicole Carter of Atlanta, according to court records.

In the five years since Brown's boy was born, Caffey has since racked up more than $100,000 in child-support debt and prompted a Fulton County judge to issue the arrest warrant, said Brown's attorney, Randy Kessler of Atlanta. The warrant was never served.

Brown, meanwhile, is willing to lower the payments "if he would just pay her something," Kessler said. "She knows that he's not in the NBA. But she can't go with zero every month." Since the bankruptcy filing, Altman has asked that the judge set aside the warrant. He is awaiting a response.