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Male Client Receives Alimony; Cordell & Cordell Attorney Successfully Defends Appeal

Cordell & Cordell Attorney Jamie KinkaidBy arguing the law had to be gender blind, Cordell & Cordell Omaha divorce lawyer Jamie Kinkaid successfully defended an appeal allowing her male client to receive an alimony award.

The Nebraska Court of Appeals ruled the lower court was reasonable in awarding alimony to the husband, Ms. Kinkaid’s client, not based on need but more so on the contributions to the marriage and disparity in income.

Opposing counsel argued alimony should only be based on need and that the husband earned a decent wage that was more than his living expenses. However, Ms. Kinkaid presented case law that evidenced the lower court was correct with the only difference being that of gender since her client is male.

“I think the case serves as a reminder that justice is actually blind to gender, as it should be,” Ms. Kinkaid said. “It should serve as a wake-up to men that asking for alimony should not be shameful or undignified. If the roles were reversed, your wife would ask for alimony and not blink at an award.”

If you are a man faced with divorce, don’t succumb to historically gender biased preconceived notions about what a male can be awarded in a divorce case. Contact a Cordell & Cordell divorce lawyer to discuss your options.

 

Man left out of child’s custody case sues state

A Nebraska man has filed a lawsuit against the state after it took authorities more than eight months to notify him that his daughter was removed from her mother’s home and placed into foster care, despite the fact that they had his personal information from child support payments, according to the Omaha World-Herald.

Michael Eggleston is suing Nebraska Health and Human Services seeking compensation for the eight months he paid child support to no avail, as well as his subsequent three-year legal battle to win custody of his daughter. Eggleston and the girl’s mother had a tumultuous relationship and after they broke up her mother forbade Eggleston from seeing his daughter, although he was ordered to pay child support, reported the newspaper.

The child was removed from her mother’s care after the woman made several suicide threats, was placed in foster care and was set to be released to her grandmother’s custody before Eggleston was notified of the situation by the Nebraska Foster Care Review Board. Eggleston told the media outlet he hopes his custody struggles will help change the state’s attitude toward parents who don’t have primary custody of their children.

“They made sure they had my money,” Eggleston said. “But anything more, they kept me out of the loop. Looking back on it, I’m still in total disbelief.”

A 2004 state Supreme Court ruling determined that a parent is deprived of a constitutionally protected right if he or she is excluded from a proceeding and if that parent is known to be capable of caring for the child.

Is Divorce Insurance Worth the Investment?

Cordell & Cordell managing partner Scott Trout weighed in on the latest divorce trend: divorce insurance.

Trout was interviewed by WOWT-TV, an NBC affiliate in Omaha, Neb., on the topic and if divorce insurance dooms a marriage before it begins.

“I think that’s a really, really bad way to start your marriage,” Trout said. “I think it’s too easy, and I think people find it their own therapy to just get divorced. They don’t want to work on it. It’s sad.”

In an attempt to ease the financial hardship divorce brings, Wedlock Divorce Insurance sells policies that pay if couples divorce after at least four years of marriage.

But Trout warns that from a legal standpoint, those benefits paid out could be considered community property. So a judge may order the couple to split the benefits regardless of who paid for the policy.

Read more about divorce insurance.