spousal maintenence Archives - Cordell & Cordell

Oklahoma legislator one of several to blast family law system

A member of Fathers and Families (F & F) blasted the family law system that exists in Oklahoma, noting that it is unfair and often separates children from the fathers who they love and need, according to an article from the organization.

Fathers and Families reported that Chris Gregory, a member of F & F and former Marine, told an Oklahoma House of Representatives committee that the family law system in the state was unfair and rife with injustices.

The Oklahoma House of Representatives has previously conducted a study on family law in the state and the findings were seen to show a need for new legislation to be passed, the news source reported.

A release from the Oklahoma State Legislature noted that lawmakers may consider implementing a “no-fault” divorce statute and revising the laws in order to protect the children within the state.

“There is very little in the divorce process that is even remotely connected to the interest of the children,” State Representative Mark McCullough said in the release.

According to Fathers and Families, a specific case concerning Gregory raised concerns of injustice in the system, as the Oklahoma resident was left with only $26,688 out of his $125,000 salary following payments to his wife and court taxes.

NYC Bar Association recommends spousal support changes

The New York City Bar Association recommended that a recently-enacted formula to calculate temporary spousal support payments be applied more broadly in the state courts, according to Reuters.

Among the reasons for the recommendations from the organization was the idea of a consistent award system.

“People want both consistency in maintenance awards among similarly-situated parties, and predictability so attorneys can point to past decisions as a path (for current clients),” Rose Mary Bailly, the head of the Law Revision Committee, told Reuters.

The recommendations were presented as part of an overhaul that included the creation of a no-fault divorce law and legislation that would enable poorer individuals to limit their payments to spouses, according to the news source.

The report noted that previous calculations had relied on “assumptions on assumptions. As we have seen in recent years of economic upheaval, these assumptions often do not pan out.”

According to the organization’s website, the recommendations came from an inequality that had existed among income levels, as poor divorcees sometimes had to pay more than they could afford.

West Virgina courts to study spousal support issue

The West Virginia Supreme Court has announced plans to create a panel of judges, lawyers and other experts to study the need for spousal support guidelines and to outline a plan for the development of a law, if necessary, The Associated Press reported.

Chief Justice Margaret Workman announced her plan at the Fall Family Court Judicial Education Conference in Charleston, and noted that idea is to determine whether the state would need guidelines similar to those that are used for child support, according to the news outlet.

The panel would also decide whether these rules would help to reduce the financial and emotional costs of divorce. Workman noted that the current spousal support awards are inconsistent and unpredictable, and offers judges no guidance on the amount and length of payment, reported the AP.

According to the Charleston Daily Mail, Workman told the family court judges that she would announce the members of the commission in the near future and if the panel were to come up with guidelines, these could be pushed to the Supreme Court and possibly to the legislature.

Irish businessman wins appeal in key divorce judgment

The problem that many American men face with divorce is that they feel too many of their hard-earned assets go to their wives following the split. A recent case in Ireland showed that this is not a problem that is confined to the U.S.

According to the Independent, a wealthy businessman in Ireland won a Supreme Court appeal that stopped him from having to pay more money to his ex-wife.

The news source reported that this ruling would have an impact on divorce in the country, as men who felt that they were unjustly forced to pay an unfairly large sum to their ex-wife may head back to court.

“Irish law does not establish a right to a clean break,” said the Supreme Court. “However, it is a legitimate aspiration.”

The ruling came as the businessman was forced to buy his ex-wife a second home on top of the €1 million house that she was living in, according to the Independent.

The Irish Times reported that the court ruled against the ex-wife in part due to the fact that she showed no attempt to invest any of the money in any type of “wealth-producing activity.”

San Diego man ordered to pay $485,000 per month after divorce

One of the most successful men in San Diego, California, was recently ordered to pay his ex-wife an exorbitant amount of money following their split, according to the San Diego Union-Tribune.

The news source reported that Charles Brandes was ordered to pay his ex-wife $10 million to “equalize the division of community property” and an additional amount of $485,000 a month following the dissolution of their marriage.

This new development came on top of a preliminary settlement that was reached by the two individuals, which left Linda with five residences worth more than $40 million, an art collection valued at $7.3 million and $19 million in cash, according to the Union-Tribune.

The news source reported that Linda Brandes argued that she needed to increase her share of the assets, which was worth between $453 million and $597 million, by acquiring additional spousal support of $735,000 a month to maintain her “opulent lifestyle.”

Lawyers for Charles Brandes said that an appeal is likely due to the amount of the money that he earned that was given to his ex-wife, according to 10 News San Diego.