Wisconsin couples may be under the assumption that a prenuptial agreement is ironclad, but a federal court decision proves that is not always the case. On June 8, the U.S. Court of Appeals for the 9th Circuit ruled that a wealthy real estate agent must pay alimony to his Turkish ex-wife because he is her immigration sponsor.
The real estate agent, a naturalized U.S. citizen from Turkey, married a Turkish woman in 2009. Per the couple’s marriage contract, he agreed to provide enough financial support to keep her income at least 125 percent above the federal poverty line. However, the couple separated in 2011 and officially divorced in 2012. A prenuptial agreement stipulated that each party forgo alimony if they divorced. The ex-wife moved into an apartment with her adult son and received food stamps from California. Shortly after the divorce was finalized, she sued her ex-husband for the income promised on the I-864 Affidavit of Support they both signed when she came to the U.S.
The real estate agent, who is said to be worth $5 million, argued that he was already financially supporting his ex-wife and the prenuptial agreement foreclosed alimony. He further claimed that food stamps and a Turkish pension kept her above the poverty line. A district court ruled that he had an obligation to support his ex under the terms of I-864, but he did not have to pay her because her son’s support kept her above the poverty line. However, the 9th Circuit ruled that the affidavit of support is a contract and must be upheld regardless of the provisions of the prenuptial agreement.
Divorce cases can be complex, and prenuptial agreements that were entered into with the intent of simplifying them can be overturned for a variety of other reasons. Attorneys will advise their clients who are considering one that the terms should be negotiated and the document signed well in advance of the wedding in order to preclude a future claim of coercion or duress.
Source: Courthouse News Service, “Immigrant Ex Gets Alimony Despite Prenup,” Nick Rummell, June 8, 2016
Alimony can be complicated divorce issue
Wisconsin couples know that when a marriage ends, many times financial obligations do not. These include child support, which usually ends when a child turns 18, and alimony, which might only end with the remarriage or death of an ex-spouse.
Just like child support, alimony, also known as spousal support, usually can’t be avoided in a divorce. The burden of paying alimony usually falls on the spouse with the higher income. Sometimes, alimony ends after a specified time, and sometimes, it ends when the receiving spouse remarries or dies. In some cases, this may depend upon the stipulations of the divorce decree.
The amount of alimony to be paid also depends on other factors. These include each spouse’s gross monthly income and how long the marriage lasted. In shorter marriages, alimony may be limited to the same length of time the marriage lasted; in longer marriages, say over 10 years, it may last indefinitely. Courts also will look at the standard living the couple enjoyed in married life, if the alimony recipient is able to work, and the age and health of the receiving spouse.
Not all ex-spouses want alimony. They may be able to support themselves or may just want to sever all ties with their former spouse. Because spousal support can be a complicated issue, divorcing couples may want to consult with a family law attorney who may be able to help them in negotiating spousal support and helping them to make informed decisions when the issue comes before the court.
Man must pay alimony to immigrant ex despite prenup
Wisconsin couples may be under the assumption that a prenuptial agreement is ironclad, but a federal court decision proves that is not always the case. On June 8, the U.S. Court of Appeals for the 9th Circuit ruled that a wealthy real estate agent must pay alimony to his Turkish ex-wife because he is her immigration sponsor.
The real estate agent, a naturalized U.S. citizen from Turkey, married a Turkish woman in 2009. Per the couple’s marriage contract, he agreed to provide enough financial support to keep her income at least 125 percent above the federal poverty line. However, the couple separated in 2011 and officially divorced in 2012. A prenuptial agreement stipulated that each party forgo alimony if they divorced. The ex-wife moved into an apartment with her adult son and received food stamps from California. Shortly after the divorce was finalized, she sued her ex-husband for the income promised on the I-864 Affidavit of Support they both signed when she came to the U.S.
The real estate agent, who is said to be worth $5 million, argued that he was already financially supporting his ex-wife and the prenuptial agreement foreclosed alimony. He further claimed that food stamps and a Turkish pension kept her above the poverty line. A district court ruled that he had an obligation to support his ex under the terms of I-864, but he did not have to pay her because her son’s support kept her above the poverty line. However, the 9th Circuit ruled that the affidavit of support is a contract and must be upheld regardless of the provisions of the prenuptial agreement.
Divorce cases can be complex, and prenuptial agreements that were entered into with the intent of simplifying them can be overturned for a variety of other reasons. Attorneys will advise their clients who are considering one that the terms should be negotiated and the document signed well in advance of the wedding in order to preclude a future claim of coercion or duress.
Source: Courthouse News Service, “Immigrant Ex Gets Alimony Despite Prenup,” Nick Rummell, June 8, 2016
After missing domestic violence class, Whitefish Bay man charged with battery
Police in Whitefish Bay believe that a man committed battery against a woman after she became upset with him for missing a domestic violence prevention class.
That someone who should be going to a domestic violence prevention class (but evidently isn’t) would once again hurt someone shows just how difficult it can be for domestic abusers to change their ways. That fact means it is sometimes necessary for abused partners to divorce and/or otherwise leave the abusive situation.
The woman — her relationship to the man has not been made clear – told police that when she began to talk to the man about missing his class and not taking his medication, he became angry and slapped her across the face three times.
The man has now been charged with one count of disorderly conduct domestic abuse and one count of battery. If he is convicted, he could spend up to a year in prison.
Any person in the Milwaukee area who has been hurt by a spouse or partner needs to be very careful that they do not let the fact that they have strong feelings for the abuser cloud their judgment. It can be hard when you love someone, but if you are being abused or hurt, you absolutely must remove yourself from the situation. Of course, that can be easier said than done, especially when you have children together, own a home or have mingled your finances. Even so, all it takes is some work with an experience family law attorney to get those issues sorted out.
Source: Whitefish Bay Patch, “Whitefish Bay Man Misses Class on Domestic Violence Then Gets Charged With Domestic Violence,” Joe Petrie, June 21, 2012
Domestic violence a problem that perpetuates
Domestic violence is something that can happen to anyone. Statewide, there have been 25 deaths and another 26 near-fatal incidents due to domestic assaults this year in Wisconsin. Two-thirds of the deaths are attributed to stabbings and firearms. The vast majority of victims are women. The abusers tend to have a need for control, with the methods often getting more severe over time, and also have trouble controlling their anger.
Anyone can be the victim or aggressor when it comes to domestic violence as it strikes all economic strata and types. The Family Center in Wisconsin Rapids has provided help to those who are victims of domestic violence for more than 30 years, averaging 60 families every year. Domestic violence may also be a learned behavior, meaning that abusers may have grown up in living conditions where violence occurred. Abusers may have been victims of violence themselves or seen violence often. Also, being under the influence may contribute to the problem as a person who is drunk or high may have less control of his or her violent impulses.
Domestic violence can involve physical, emotional or sexual abuse, and it can be the root of future issues for victims. Effects from domestic violence could include physical, psychological and social problems that may be difficult to overcome. The importance of detecting and dealing with the underlying quickly cannot be overstated given the risks to all of those involved. Once it has been recognized as a problem, therapy can begin, as well as solutions to the problem itself, such as separation or divorce.
Source: Wisconsin Rapids Tribune, “Domestic violence — it’s closer than you think,” DaNita Carlson, Oct. 1, 2012
Did lax enforcement of laws contribute to deaths?
The Brown Deer, Wisconsin, police department has come under fire following an incident that left four people dead at a Brookfield salon in October. Law enforcement experts say the department’s lax enforcement of domestic violence laws may have contributed to the incident, during which a man killed his estranged wife and two others before killing himself. The police department declined to arrest the man in connection with two prior incidents of domestic assault against his wife, one occurring just weeks before the deadly shooting. Experts say the department’s failure to enforce Wisconsin’s mandatory arrest law put the public at risk.
Wisconsin has one of the most comprehensive domestic violence laws in the nation; while domestic incidents are sometimes intertwined with divorce issues, many victims of domestic violence end up telling police that nothing is wrong. Pursuant to state statute, police must arrest domestic violence suspects even if the victim is uncooperative. Victim rights advocates say mandatory arrest laws are important because victims of physical abuse often fail to cooperate with police out of fear of their abuser and to protect themselves from further harm.
The Wisconsin law also requires local departments to have a written policy on how to handle domestic violence and to file reports in cases where no arrest was made to explain why. An official from the district attorney’s office in Milwaukee County said his office has not received any such reports from Brown Deer. Lawmakers are now looking at ways to add more accountability to the current laws to better protect victims of domestic violence.
If a person has experienced spousal abuse, including physical abuse, stalking, or emotional abuse, they should seek legal help. An experienced family law attorney can help an abused spouse get out of the situation and obtain a restraining order against the abuser.
Source: Milwaukee Journal Sentinel, “With no oversight, police can ignore domestic violence laws,” Gina Barton and John Diedrich, Nov. 3, 2012
Wisconsin man surrenders to police after domestic standoff
Police arrested a Waukesha man after a four-hour standoff at his home. Law enforcement went to the home on a domestic violence call. The man’s wife told them her husband had threatened to kill the police if she ever called them. Although the man ultimately surrendered peacefully, court records say he told the officers he would have shot them if he knew they were outside. He allegedly said that he and “two or three cops” would have been dead. The man is now charged with terrorizing his wife and threatening the officers.
Wisconsin has a comprehensive domestic violence law. Under state statute, arrests are mandatory in domestic violence situations even when the victim does not cooperate with the authorities. The mandatory arrest requirement is an important aspect of the law because victims of domestic violence often refuse to press charges due to their fear of further abuse.
It is not easy for a victim of domestic violence to leave an abusive relationship. Many fear what their abusers will do if they leave. Others have been isolated from their friends and family or controlled financially. Some may maintain hope that the abusive partner will change. Advocates for domestic violence victims say those suffering in an abusive relationship should seek help using the many resources that are available to victims of spousal abuse.
If you are the victim of domestic violence, a domestic abuse hotline or shelter is one place to seek support. Another option is to seek the assistance of an experienced family law attorney. The attorney can help you get out of a violent or abusive situation and put you in touch with other professionals who can provide additional support.
Source: 620WTMJ.com, “Court for Waukesha domestic violence standoff suspect,” Melissa McCrady, Dec. 12, 2012
Senate takes up expanded version of VAWA
Since it was first enacted in 1994, the Violence Against Women Act (VAWA) has helped train thousands of law enforcement personnel and court officers in Wisconsin and across the nation, created a law to shield the privacy of rape victims and established a national domestic abuse help line. Instances of reported domestic assault have declined by more than 50 percent in the two decades that VAWA has existed, but now its programs are in jeopardy.
VAWA authorization came up for renewal in Congress last year. The Senate passed a largely bipartisan version of the law in April, which expanded the law’s reach to same-sex partner domestic violence, immigrants and Native Americans. House Republicans objected to the expansions and passed a more limited version of the bill, with Wisconsin’s congressional delegation voting down party lines. When no agreement was reached, VAWA’s authorization lapsed in January.
Recently, Democrats such as state Senator Tammy Baldwin have reintroduced the expanded version in the Senate. On Feb. 4, the Senate voted overwhelmingly to take up the bill. Congresswoman Gwen Moore of Milwaukee is calling for House Republicans to follow the Senate’s lead and take action. She says the expansions are needed to protect all victims of sexual assault and domestic violence.
Many credit VAWA as the catalyst for state action on the issue of domestic violence. Wisconsin’s current domestic violence law makes arrests mandatory for suspects of domestic violence regardless of the victim’s cooperation with authorities. This important aspect of the law makes it easier for domestic violence victims to leave their abusive relationships. VAWA’s programs are critical to the effort to help women live without fear. A knowledgeable family law attorney can provide additional resources.
Source: ExpressMilwaukee.com, “Violence Against Women Act On the Brink,” Lisa Kaiser, Feb. 5, 2013
New Family Justice Center to serve as model for country
Wisconsin Governor Scott Walker hopes that a new Family Justice Center being built in Milwaukee will serve as a model to the rest of the state and to the entire country. Walker said the state will match private donations for the center, which will serve victims of domestic violence and their families. Walker said the state’s pledge should help project planners raise the last private funds needed to construct the $21.25 million facility. Planners hope to complete fundraising later this year and begin construction in 2014. If everything goes as planned, the new center will open in 2015.
The new center will be the first in the nation to provide a large-scale and comprehensive system of care for domestic violence victims. The 78,000 square-foot facility will house a 56-bed emergency shelter for families as well as resources to meet the families’ medical, legal and social services needs. The agencies expected to have a presence at the center include the Milwaukee Police Department, the District Attorney’s Office and the Milwaukee Public School District.
Victim advocates say the new center’s holistic approach will help break the cycle of domestic abuse. It can be difficult for a domestic violence victim to leave an abusive relationship because of fear of what the abuser will do. The new center will provide a safe place where all of the victim’s needs can be met, making life much easier.
It is critical for someone who is suffering from domestic violence or spousal abuse to seek help. A domestic abuse hotline can provide information and resources. A knowledgeable Milwaukee family law attorney can provide the necessary legal support.
Source: Milwaukee Journal Sentinel, “Scott Walker announces funding to help build Family Justice Center in Milwaukee,” Bill Klauber, Feb. 13, 2013
Law enforcement advocate partnership may restart
A law enforcement advocate partnership to aid victims of domestic violence that was based on a successful Milwaukee program may soon restart in another Wisconsin city. Two victim advocates recently presented a proposal to Madison’s Public Safety Review Committee for funding to restart the program, which was piloted for 14 months beginning in 2011 using federal stimulus money. The program involves a partnership between the city’s police department and Domestic Abuse Intervention Services (DAIS), Dane County’s main service provider to victims of domestic assault.
Under the program, when law enforcement officials respond to a domestic assault call, they would be required to provide DAIS with the victim’s name and contact information. DAIS then would be responsible to contact the victim within 48 hours to offer its services. The types of services provided by DAIS to victims of domestic violence include legal representation, support groups, emergency shelter, and child care.
Before the pilot program started, police officers responding to a call would provide the victim with a list of services. They would not make a referral or advocate for any particular service. Victim advocates say this approach resulted in very few victims ever obtaining services. When contact was initiated by DAIS during the pilot program, however, 45 percent of victims went on to receive services.
Advocates hope that by restarting the program, victims of domestic violence will be in a better position to leave their abusive relationships because they will be more likely to get the services they need to do so. Resources like emergency shelters and child care can allow victims to have a safe place to stay and to leave their children. Legal resources can help them obtain restraining orders and other legal protection against their abusers. Support groups can provide needed encouragement and let victims know they are not alone.
Source: The Badger Herald, “City looks to restart service for domestic violence victims,” Sarah Eucalano, March 13, 2013
Proposal may limit domestic abuse victims’ access to medical aid
Under the Affordable Care Act (ACA), domestic violence screening and counseling are required to be covered by insurance companies. However, Gov. Scott Walker has decided not to accept funding for expanded Medicaid programs. This means that victims of domestic assault who rely on BadgerCare, Wisconsin’s Medicaid program, may be responsible for higher out-of-pocket costs for these services while those covered by private health insurance will have these services completely covered.
In certain emergency rooms, when someone enters, medical professionals look for signs of abuse, including broken bones and bruises. The professionals will also look for patterns of abuse, such as repeated visits to the emergency room and non-specific complaints. Every person who is treated at these emergency rooms is asked about possible incidents of domestic violence. It is reported that victims are more likely to eventually report an incidence of domestic violence if they are continuously screened.
If an individual indicates an incident of domestic violence, they are currently entitled to screening and counseling services under BadgerCare with small co-pays of several dollars or monthly deductibles depending upon their income. However, Gov. Walker has submitted a proposal that would reduce the number of people eligible for BadgerCare. In numerous studies, an association between poverty and domestic violence has been identified. While incidents of domestic violence happen in every economic class, victims who are living in poverty may not have the resources to leave the relationship.
Individuals who are physically or emotionally abused can file charges against their abusers, and these charges are taken very seriously. However, innocent individuals can be accused with violent crimes that they did not commit. An experienced Milwaukee attorney may be able to help protect their client’s rights and future by building a strong defense against claims of domestic violence.
Source: Urban Milwaukee, “Another Hole in the Safety Net?“, Brendan O’Brien, June 04, 2013