
Tuesday, November 18, 2008

Saturday, August 09, 2008

Gay Former Governor Does not have to Pay Alimony....
Former NJ Governor Jim McGreevey, who has admitted he is gay, does not have to pay alimony to his former wife, Dina Matos. A judge did rule that he must pay child support for his 6 year old daughter in the amount of $1075 per month.
I was very surprised at this ruling because the main issue of the divorce trial was whether or not Mr. McGreevey was purposely underemployed. Judges can impute wages to people they feel are not earning what they are capable of in a divorce case and I assumed that Mr. McGreevey would be imputed income, considering he was once making several hundred thousand dollars per year but now claims to be "poor". He wants to be a priest and has even turned down a lucrative offer from a NJ radio station to host his own radio show.
The judge actually said that McGreevey was being supported by his rich boyfriend while studying at a seminary to be a priest and, therefore, didn't need employment to support himself. So the former governor still gets to live a life of luxury, courtesy of his lover, while his daughter only gets $1,075 per month? Why is this man allowed to under employ himself when he has children to support? The judge knows he is capable of earning more ,yet is allowing him to dramatically reduce his income.
I recently coached a woman, also from NJ, who has been a stay at home mom for 13 years with no skills, no income and two children with special needs, yet the judge in her divorce case feels she should be imputed income, meaning whether she has a job or not, the judge will come up with an amount he feels she can earn and that figure will be used when calculating child support.
Mr. McGreevy gets to minimally support his daughter to pursue a career that does not pay well just because he has a rich boyfriend and this woman has to go out and find a job, when with her skills, she will be lucky to make $10 per hour?
This is just another example of what can happen if you cannot settle your divorce and you put your trust in the family court system. You are at the mercy of judges, lawyers and a system that is not always fair and just. The lesson here is clear. If there is anyway to resolve your divorce is an amicable and fair manner, do it. You may not be so lucky in court.
Friday, August 01, 2008

Why You Don't Want To Go To Divorce Court...
Do you believe that court is a place where justice is served and judges are unbiased and fair in their rulings? The truth is this is often not the case in family court. If you fail to settle your divorce outside of a courtroom, you could be in for a rude awakening.
The family court system is overcrowded and understaffed. Expect to wait weeks to get a court date and be prepared to spend hours waiting for your case to be heard, if it is heard at all. Many times you can spend an entire day at court, paying your divorce lawyer several hundred dollars and hour only to have your case adjourned at the last minute. You then have to repeat the whole process again several weeks later.
When you put your divorce in the hands of a family court judge, you are basically entrusting your future to a stranger who has no emotional interest in your case or your family. The judge's rulings are usually cut and dry.
You may be shocked at the rulings that a judge can make. Instead of going to mediation and resolving their differences, many couples think that by fighting it out in a courtroom they will "win". But the sad truth is that no one wins when a divorce goes to court, except for the divorce lawyers. Court dates can drag on for months and even years and if you go to trial, be prepared to spend a fortune on attorney fees.
I think divorcing couples need to put their anger aside and look at the facts. Is it really worth it to fight over assets and refuse to compromise? Will you eventually spend more in attorney fees than the asset is worth?
Of course there are times when it is necessary to go to court when one party refuses to negotiate and settle the divorce in a reasonable, fair manner. But often couples are stubborn and go to court thinking that they are going to punish their spouse and the judge will rule in their favor. They are shocked when they do not get what they wanted and rack up huge attorney fees. If both parties can keep the lines of communication open and have a willingness to compromise, an agreement can usually be reached and you can avoid the courtroom altogether.