All seems so final when a divorce ends and the court delivers final judgments for child support, custody and visitation. However, people in all walks of life often have problems with judgments post divorce. Their ex spouses don’t come through with child support payment or keep visitation schedules. So, what can you do? “Enforcement” is the word used when you seek legal help to enforce a court order because your ex is not complying with settlement agreements or the court’s decisions.
People Magazine recently published an article that Denise Richards filed a $1.2 million lawsuit against her ex husband Charlie Sheen because she was having trouble collecting child support. According to a source for the article, Denise took legal action to protect their children’s trust. As part of the divorce, a trust was set up for their children Sam, 11 years old and Lola, 10 years old. Sheen paid millions to cover up an HIV scandal and is not pulling in the $10 million a year that he was formerly from acting work. Denise Richards said that collecting child support payments has been like pulling teeth.
When income situations change significantly, you have the option to seek modification of an existing court order. Non-complying with a judgment is never the right solution because it can put lead to enforcement actions and even put you in contempt with court orders.
Everyday people often face problems too, like an ex spouse who promised to pay for summer camp or college and later reneges on the agreement. Unfortunately the children are the ones who suffer.
If you’re struggling with enforcement problems, consult with attorney Chris Palermo. As an experienced Long Island divorce lawyer Chris offers compassionate legal counsel and can help you enforce custody and child support agreements.
We have heard about communications on Facebook and other social media networks being used as evidence in divorce cases. We have also read about the impact of social media on relationships and divorce. However, yet another association between social media and divorce has emerged in New York.
The New York Daily News reported that a New York Judge allowed a Brooklyn woman to use Facebook to serve divorce papers.
This was a landmark ruling delivered by Manhattan Supreme Court Justice Matthew Cooper. A nurse named Ellanora Baidoo had been unable to locate her elusive husband, Victor Sena Blood-Dzraku. The judge permitted her to send a private message through Facebook to serve the husband with the divorce summons. Ellanora’s attorney would repeat the transmittal once a week for three consecutive weeks or until the husband acknowledged receipt of the summons.
The couple was from from Ghana, and the husband had participated in a civil wedding ceremony in 2009. However, he backed out of the traditional Ghanian wedding ceremony that they had also planned. The wife had wanted both families there. Their marriage was never consummated, and the husband and wife never lived together. Even so, Blood-Dzraku apparently did not want a divorce. He only kept in touch with his wife through Facebook and by phone. His whereabouts were unknown and he vacated the apartment of his last known address in 2011. When his wife spoke with him on the phone, he told her he had no permanent address or employment and refused to make himself capable of being reached. The post office had no forwarding address for him either.
Keeping up with the times, the judge’s ruling provided a solution and set a precedent for other New York divorce cases.
An experienced Long Island divorce lawyer like Chris Palermo can help you overcome the challenges involved with divorce. Work with a compassionate lawyer who can help you make the right decisions and strive for a favorable outcome.
Huntington, NY Divorce Lawyer talks about Social Media in Divorce
The cases of 14 couples and two widowers that challenged same-sex marriage bans in a variety of states came before the U.S. Supreme Court for its final decision this June. The Supreme Court addressed the issues of whether states should be compelled to perform same-sex marriages as a Fourteenth Amendment right based on due process and protection under this amendment. In addition, if not compelled to do so, the justices had to decide whether states have to honor same-sex marriages performed in other states.
In a 5-4 decision, the highest court in the United States ruled that states had to recognize same-sex marriages. CNN reported that the lead plaintiff in the case, Jim Obergefell, had married his spouse, John Astor, months before John died. They lived in Ohio, and to get married in Maryland, they flew aboard a medical jet. After John passed away, Obergefell was left fighting legal battles so he could be recognized as John’s spouse on the death certificate.
Two Detroit-area nurses who are a Michigan same-sex couple were also part of the 14 couples appealing their case to the Supreme Court. They took care of four special needs newborns, either abandoned or surrendered at birth. Because Michigan law required couples to be married to adopt, the same-sex couple was prevented from adopting the children, despite the fact they were providing them with foster care.
These are just a few examples of the combined cases that went before the Supreme Court in this decision. Although a close ruling, the Supreme Court’s finding concurred with public opinion as seen in recent polls. Polls showed that 61 percent of the U.S. population in the survey believed that same-sex couples should have the right to marry.
If you face legal issues as a same-sex couple, Chris Palermo is a compassionate and experienced Long Island divorce lawyer. He can protect your rights and is committed to obtaining a favorable case outcome on your behalf.
Parental alienation syndrome is a psychological term that means one parent is turning the children against the other parent, usually due to a divorce or child custody dispute. The syndrome manifests as the child’s denigration of the other parent, but there is no real justification for it. It results from the other parent’s indoctrination of the child and the child’s own contribution to vilifying the targeted parent.
On March 25, 2015, the New York appellate court ruled in the appeal of Halioris v. Haloris , where the father sought sole custody based on the mother’s parental alienation. The mother had appealed the lower court’s decision and requested that the appellate court review the case.
In rendering its decision, the appeals court upheld the lower court’s decision to grant the father sole custody. The court referenced several other cases, quoting previous findings that influenced the court’s decision. This statement in particular was pivotal in the case:
‘Parental alienation of a child from the other parent is “an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending parent] is unfit to act as custodial parent.” ‘
Clearly, divorce is an emotional matter for many parents, and they can lose a proper perspective when fighting for custody of their children. Even so, there are important legal guidelines to keep in mind. Parental alienation is one of them, and no matter how justified a parental may feel in alienating the child from the other parent, this type of behavior often backfires.
If you have questions about divorce or child custody issues, Chris Palermo is glad to provide you with answers and legal advice. As a Long Island divorce lawyer he is committed to protecting your rights and helping you achieve the best outcome possible.
Many of us read about social media posts finding their way into a court of law as evidence in a divorce case. In addition, there is a new emerging legal perspective that addresses social media, texting and other communications in prenuptial agreements.
Fox News published an article that discusses drafting a social networking prenup. Considering how much time people spend on social networking, a social networking prenup is a logical sequence of events in the legal landscape of marriage and divorce. Pew Research reported that as of January 2014, 74 percent of online adults use social networking sites.
Based on these statistics, you can answer this question for yourself: How likely is it for some comment about your divorce or divorce related communications to end up online?
No one wants to open Facebook and see that their soon-to-be ex spouse has posted unflattering photographs of you, nasty comments that focus on your imagined or real faults, or other reputation damaging information.
A lawyer can help you incorporate clauses that prohibit online communications in a prenuptial or post nuptial agreement, and this is a counter measure that is becoming more common among couples today. Some lawyers advise clients to incorporate general clauses that prohibit any online photos or comments about the other spouse or the upcoming divorce. Others may advise specific prohibitions in such clauses.
The bottom line is that harmful social networking posts can lead to monetary damages. For example, let’s say you lose a job opportunity because a prospective employer reads a post from your ex that discredits you on Facebook. As a deterrent, prenups can also incorporate financial penalties for violating the social networking clause.
Find out how to protect your interests through prenuptial and postnuptial agreements.
Christopher Palermo has a strong sense of obligation to his clients and is passionate about being a Long Island divorce lawyer. He earnestly works to obtain the best possible results for you.