Michael Pickering – LAC Lawyers asked:


Partners and spouses will be aware of the 3 types of financial agreements under the Family Law Act (Cth.). These financial agreements are as follows:

- Pre-Nuptial Agreements (Section 90B)

- Post-Nuptial Agreements (Section 90C)

- Post-Divorce Agreements (Section 90D)

Post-Nuptial Agreements are commonly used to formalize property settlements after a breakdown of marriage, as an alternative to Family Court consent orders and to make a binding provision in relation to spousal maintenance.

Post-Divorce Agreements, on the other hand, are not as common. This is an agreement made after the parties have divorced. Such agreements deal with property acquired up until the time of divorce.

Whilst Victoria, along with other State Parliaments, save for Western Australia, have agreed to refer their powers over defacto and same-sex property matters to the Federal Government, Victorian courts still exercise power over cohabitation agreements entered into between two partners who intend to live together. This power is exercised in Victoria under Section 285 of the Property Law Act 1958 (Vic.). This section gives Victorian courts the authority to adjust the interest of domestic partners in property which either or both may own in terms that appear just and equitable having regard to a number of factors such as:

- Financial and non-financial contributions made directly or indirectly by the domestic partners to acquiring or improving any property; and

- Contributions made by either of the domestic partners as to the welfare of the other domestic partner or to the welfare of the family including any children.

Increasingly, partners considering cohabitation (as opposed to formal marriage), and either have no children from previous relationships or who do not wish to have any children from the current relationship, are entering into cohabitation agreements pursuant to the Victorian Property Law Act 1958.

The primary purpose of such a cohabitation agreement is to protect the assets of each party in the future. The agreement provides that should the relationship end, each party will leave the relationship with those assets which he or she brought into the relationship. Only jointly acquired assets fall into the asset pool for distribution by Victorian courts pursuant to the powers provided by Section 285.

Cohabitation agreements under the Property Law Act 1958 are often sought by partners to relationships who own substantial assets and who wish to preserve those assets if the relationship ends unexpectedly quickly.

These cohabitation agreements are not as formal as their counterparts under the Family Law Act. The State cohabitation agreements, however, can be just as influential. They should be treated by the domestic partners (and by their respective legal advisors) as serious documents.

State courts are more likely to uphold cohabitation agreements pursuant to statutes like the Property Law Act 1958 than are either the Family Court or the Federal Magistrates’ Court when requested to uphold the three types of financial agreement possible under the Family Law Act. This is primarily due to the fact that financial agreements under the Family Law Act will often need to make provision for spousal maintenance in the context of a marriage which may have lasted for many years and also make financial provision for the education, welfare and support of children under the age of 18.

Clients should be advised, however, that agreements under Section 285 of the Property Law Act are not definitive. Such cohabitation agreements will not necessarily finally determine the distribution of assets in the event of a relationship breakdown. However, the cohabitation agreements may be taken into account by Victorian courts in their determination of what is a just and equitable resolution of the distribution of property when the domestic relationship has ended.

Clients should be advised that the longer a domestic relationship lasts, the less likely it will be that Victorian courts will enforce a cohabitation agreement which was drafted, for instance, many years previously when the domestic relationship was only just commencing in circumstances where one partner has been the effective homemaker, or where, contrary to initial plans, the partners did decide to have children. In those circumstances, clients would be best advised to enter into a pre-nuptial agreement under Section 90B of the Family Law Act or, at the very least, enter into an updated cohabitation agreement under Section 285 of the Property Law Act 1958 (Vic.).

Clients must also understand that any type of pre-nuptial agreement (whether under the Family Law Act or the Property Law Act) are subject to the normal contractual rules of enforceability. In other words, if the agreements have been entered into by virtue of duress, undue influence, fraud, or mistake, no court will enforce the agreement and property will be divided in accordance with relevant legislation.

Clients should also be aware that financial agreements under the Family Law Act and cohabitation agreements under the Property Law Act should be accompanied by effective estate planning. At a minimum, clients are best advised to effect wills when entering into pre-nuptial agreements to ensure that their individual property is divided in accordance with their specific wishes rather than in accordance with the statutory formula set out in the Administration and Probate Act 1958 (Vic.).



Elizabeth Oconnor

lepooche asked:


Is it legal for the Family Court in Philadelphia Pennsylvania to lower the child support and the back arears without a court hearing, just because the deadbeat dad called on the phone and gave a sob story about financial hardship and made someone there feel sorry for him? I don’t think so, what do you think?

Ivan Sanchez

Local Music Hits asked:


Personality Changes in an Aging Family

Researched and Authored by: Michael J. Spindler of Local Music Hits!

In the following text, the author is going to explore how his personality relates to interpersonal relationships that are engaged, when interacting with senior family members. This exploration will also attempt to shed light on how the dynamics of these relationships has transitioned from childhood through adulthood for the author. Where the personality of the author has altered as the authors perspective of the senior family members went from authoritarian figures to complex interactions of friendship and developing a relationship on equal ground.

As a child, the authors up bringing instilled the idea that anyone older than oneself deserved respect and obedience without question. This ideal set the stage for low self esteem and a heavy reliance for support, guidance; and approval from anyone in a position of authority. The author was more fortunate than other children to begin building a strong bond with maternal Grandparents at a very young age. Through various family disasters, the young author came to think as his Grandparents as both home and parents. This feeling would eventually be confirmed at a later date by a proclamation of a family court, ordering custody of the author and siblings to their maternal Grandparents.

The previous preteen relationship was based on grandparents’ gift giving, buying school clothes and supplies when the biological mother could not. At such a young age, generous offerings were greatly appreciated and reciprocated in kind by spending time visiting and helping around the house doing various chores or yard work. The labor was never dreaded as visits were always looked to as an escape from a perilous reality of home life; and as an opportunity to allude to how life was not going so well. The relationship the author had with his Grandmother quickly bloomed into a friendship. As the author had no real friends and no outlet to communicate outside of the home environment. Though the author was under eleven years of age at the time, it was a mature relation of give and take.

The author has established two influences that will affect the rest of his life. The first and most obvious; a background from a broken home which manifest through insecurity, low self esteem, and a constant fear of commitment and/or rejection. The second, a blooming relationship with maternal grandparents, who are loving, encouraging, and supportive. In a mental world full of conflict, resentment, rage, and regret; coupled with the need to conform, appease, and an incessant need for approval.

The social impact on children who have been physically abused is perhaps less obvious, yet still substantial. Immediate social consequences can include an inability to form friendships with peers, poor social skills, poor cognitive and language skills, distrust of others, over-compliance with authority figures, and a tendency to solve interpersonal problems with aggression. In their adult life, the long-term consequences can impact both their family and their community. There are financial costs to the community and society in general, e.g., funding social welfare programs and services and the foster care system. Studies have shown that physically abused children are at a greater risk for mental illness, homelessness, crime, and unemployment. All of these affect the community and society in general and are the social costs of physical abuse. (Mann, Ph.D., Corell, M.A., Ludy-Dobson, Ph.D., & Perry, M.D., Ph.D., 2001)

The author can only speculate, as to the impact his Grandparents have had on his life. Had life continued without intervention, could “today” be a more hellish existence? While the author can relate to a number of qualities previously mentioned in the above reference, there are aspects of his life, which are not nearly as nightmarish.

As the years progressed, the authors bond with the world weakened as his bond with the Grandparents strengthened. Through the rough spots of teenage years, a slow resentment began to build. By maintaining a clean cut, straight laced look, the author found it difficult to express himself. Through music, language, and friends, every choice was made with the feeling of “would my Grandparents approve?”. This went as far as into the music I listened to, the music I wrote, always conscious of lyrics and imagery. To sum up a long list, the author felt constrained and restricted. This inability to find a healthy outlet, lead the author down the wrong path of substance abuses that would last for more than a decade to come. The irony, most people would never know in large part because the idea that appearance is everything had been drilled in so well by an entire family. The following characteristics; wardrobe, hygiene, well spoken, and selective behavior that would be appropriate for any situation, will put blinders on a lot of people who never get to know you better than the surface.

The author will admit that while genetics plays a tremendous role, specifically when it comes to substance abuse. That behavior of abuse could have been tempered or even stomped out of existence by a more positive social situation from birth to adulthood. The Grandparents had known and acknowledged that there was little they could do, to repair the damages already inflicted. But perhaps their role in life was to minimize the impact on the siblings’ futures.

In reflection, while there are a number of other personality theories at work in our lives, it is the opinion of the author that behavioral and social impacts have clearly shaped his life. A constant struggle against conflicting responses; which clearly explains why he continues to keep the world at an arms distance. There is a cold comfort to the blinders that he continues to use as a tool when in social situations, personal, business, or even friendships.

“Children that are rejected by their parents will have a host of problems including difficulty developing emotional intimacy.” (Perry, M.D Ph. D., Runyan, Ph. D., & Sturges, 1998)

Unfortunately, this difficulty of being able to develop a deeper emotional bond affects the relationship the author has with his Grandparents. He owes the world to them and continues to reciprocate in his own ways, but it will always be a relationship at just an arms length. Foremost on his mind will always be self preservation through the avoidance of emotional bonds.

Perhaps there is hope for the author. There has always been a stronger relationship with his Grandmother despite the fact that his Grandfather and he share so much more in personality characteristics. The same unease in public, difficult to get to know as in not voluntary in sharing much about oneself, and the list goes on. The author can relate to his Grandfather, and communicate with his Grandmother. So maybe it is possible to find romance eventually, as they have, and to be truly in love without any more fear. But first, nothing will come without continuous work to repair the damages done by others behaviors.

References – Do Not Strip Article References

Mann, D., Ph.D., Corell, A. P., M.A., Ludy-Dobson, C., Ph.D., & Perry, B. D.M.D., Ph.D. (2001). Physical Abuse of Children. Retrieved Decemeber 12, 2007, from http://www.childtrauma.org/CTAMATERIALS/physical_abuse.asp

Perry, B. D., M.D Ph. D., Runyan, D., Ph. D., & Sturges, C. (1998, January). Bonding and Attachment in Maltreated ChildrenHow Abuse and Neglect in Childhood Impact Social and Emotional Development. Retrieved December 12, 2007, from http://www.childtrauma.org/ctamaterials/bonding.asp

Researched and Authored by: Michael J. Spindler

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Free to distribute – However- Do not strip Research Article References, remove the HTML if needed, but keep the URL text.

Do Not Remove the Authors name: Michael J. Spindler and keep all hyperlinks pointing to: http://www.localmusichits.com – I use software that compares my “library” and scours the web for postings. When I find my article on your site and you have not followed the above binding agreements, Lawyers will be sending letters. A considerable investment of time is involved with this content.



Kianna Osborne

E Brooks asked:


There are numerous articles, websites, and organizations that are dedicated to fighting for fathers rights. The common knowledge seems to be that father face an uphill battle and that mothers will always do better in family court than fathers. But are these based on truths or perception, or could something else be going on here?

If you search on fathers rights, fathers custody rights, or any other variation of these terms you will find a listing of websites that will try and tell you that if you are a father you can expect the family court system to fail you miserably. In my experience with fathers seeking a custody order they often start their conversation by capitulating their position and asking how much visitation time they can get if they throw themselves on the mercy of the court.

So imagine how a father who has no representation and simply accepts his fate would be treated by the court system. He would simply take what was given and then perpetuate the notion that the de facto standard is still intact. But it doesn’t need to be that way.

In my experience fathers are at a gender disadvantage when the child is an infant and is still breast feeding. But after that the gender gap narrows considerably. There are still problems that occur more frequently for men than women but they are primarily based on things like routines. If a man is the primary caregiver (as has been dominant in our society) and mother stays home to raise the child, then the court may be reluctant to change the routine. But this issue is about changing the child’s routine and not the gender. This outcome is based on routine an not gender.

What that tells us is that if a man takes the time to educate himself about how the family court system works and applies that knowledge to his own personal strategy, then he stands a great chance of getting the outcome he expects. This is a far cry from the poor man that simply shrugged his shoulders and let the system happen to him.

But what about the man who can’t afford an attorney to represent him? Can he still expect to have a favorable outcome against his ex’s attorney? I believe he can. It takes dedication and time to learn the system but it can be done and the results can be better than you ever imagined. The reason is that if a man handles his own strategy he can take advantage of his intimate knowledge of the case and the ex and exploit that knowledge when the opportunity presents itself.



Destiney Pitts

chispa asked:


My b/f has been to court many times reagrding his 5 year old son. At first, he was going to court because the mother would not let him see his son, and now he is going back because of unpaid child support (about $200, btw). But there have been many visits in between and he has always showed up alone while she always has a lawyer. In the future, I think it might be a good idea for him to show up with representation. However, we can not afford a lawyer. The child’s mother has yet again denied him his visitation for reasons that I understand she is not able to deny visitation to him for. When he goes to family court again, how can we find him representation? What do we look up in the phone book? We just need to be pointed in the right direction, because we have no idea where to find a free lawyer if its even possible. Please help.
We are located in NY state

Brayden Herring

Bill Eddy, LCSW, Esq. asked:


I was first exposed to the concept of personality disorders in 1980 when I was in training as a therapist at the San Diego Child Guidance Clinic at Childrens Hospital. The DSM-III had just come out and Axis II of the five diagnostic categories required the therapist to diagnose the presence or absence of a personality disorder. (The current DSM-IV uses the same approach.) I quickly learned (often the hard way) that the presenting problems on Axis I (e.g. depression, substance abuse) were simply replaced by new ones, if an underlying personality disorder was not addressed in therapy.

Now that I have completed several years as a family law attorney, I have frequently witnessed the same underlying issues in hotly contested family court litigation — yet these remain undiagnosed and, therefore, misunderstood. As those with personality disorders generally view relationships from a rigid and adversarial perspective, it is inevitable that a large number end up in the adversarial process of court. Since more flexible and cost-conscious people nowadays are resolving their divorces in mediation, attorney-assisted negotiation, or just by themselves, those cases remaining in litigation may be increasingly driven by personality disorders.

The Nature of a Personality Disorder

Someone with a personality disorder is usually a person experiencing chronic inner distress (for example fear of abandonment), which causes self-sabotaging behavior (such as seeking others who fear abandonment), which causes significant problems (such as rage at any perceived hint of abandonment) — in their work lives and/or their personal lives. They may function quite well in one setting, but experience chaos and repeated problems in others. They look no different from anyone else, and often present as very attractive and intelligent people. However, it is usually after you spend some time together — or observe them in a crisis — that the underlying distress reaches the surface.

As interpersonal distress, fear of abandonment, and an excessive need for control are predominant symptoms of personality disorders, they place a tremendous burden on a marriage. Therefore, intense conflicts will eventually arise in their marriages and the divorce process will also be a very conflictual process. In contrast to people who are simply distressed from going through a divorce (over 80% are recovering significantly after 2 years), people with personality disorders grew up very distressed. It is the long duration of their dysfunction (since adolescence or early adulthood) which meets the criteria of a personality disorder.

Usually they developed their personality style as a way of coping with childhood abuse, neglect or abandonment, an emotionally lacking household, or simply their biological predisposition. While this personality style may have been an effective adaptation in their “family of origin,” in adulthood it is counter-productive. The person remains stuck repeating a narrow range of interpersonal behaviors to attempt to avoid this distress.

A personality disorder does not usually go away except in a corrective on-going relationship — such as several years in a counseling relationship. Until then, the person may constantly seek a corrective experience through a series of unsatisfying relationships, through their children, or through the court process. In a sense, untreated personality disorders don’t fade away — they just change venue.

Personality Disorders Appearing in Family Court

Probably the most prevalent personality disorder in family court is Borderline Personality Disorder (BPD) — more commonly seen in women. BPD may be characterized by wide mood swings, intense anger even at benign events, idealization (such as of their spouse — or attorney) followed by devaluation (such as of their spouse — or attorney).

Also common is Narcissistic Personality Disorder (NPD) — more often seen in men. There is a great preoccupation with the self to the exclusion of others. This may be the vulnerable type, which can appear similar to BPD, causing distorted perceptions of victimization followed by intense anger (such as in domestic violence or murder, for example the San Diego case of Betty Broderick). Or this can be the invulnerable type, who is detached, believes he is very superior and feels automatically entitled to special treatment.

Histrionic Personality Disorder also appears in family court, and may have similarities to BPD but with less anger and more chaos. Anti-social Personality Disorder includes an extreme disregard for the rules of society and very little empathy. (A large part of the prison population may have Anti-social Personality Disorder.)

Dependent Personality Disorder is common, but usually is preoccupied with helplessness and passivity, and is rarely the aggressor in court — but often marries a more aggressive spouse, sometimes with a personality disorder.

Cognitive Distortions and False Statement

Because of their history of distress, those with personality disorders perceive the world as a much more threatening place than most people do. Therefore, their perceptions of other people’s behavior is often distorted — and in some cases delusional. Their world view is generally adversarial, so they often see all people as either allies or enemies in it. Their thinking is often dominated by cognitive distortions, such as: all-or-nothing thinking, emotional reasoning, personalization of benign events, minimization of the positive and maximization of the negative. They may form very inaccurate beliefs about the other person, but cling rigidly to those beliefs when they are challenged — because being challenged is usually perceived as a threat.

People with personality disorders also appear more likely to make false statements. Because of the thought process of a personality disorder, the person experiences interpersonal rejection or confrontation much more deeply than most people. Therefore the person has great difficulty healing and may remain stuck in the denial stage, the depression stage, or the anger stage of grief — avoiding acceptance by trying to change or control the other person.

Lying may be justified in their eyes — possibly to bring a reconciliation. (This can be quite convoluted, like the former wife who alleged child sexual abuse so that her ex-husband’s new wife would divorce him and he would return to her — or so she seemed to believe.) Or lying may be justified as a punishment in their eyes. Just as we have seen that an angry spouse may kill the other spouse, it is not surprising that many angry spouses lie under oath. There is rarely any consequence for this, as family court judges often believe the truth cannot be known — or that both are lying.

Projection

Just as an active alcoholic or addict blames others for their substance abuse, those with personality disorders are often preoccupied with other people’s behavior while avoiding any examination of their own behavior. Just as a movie projector throws a large image on a screen from a hidden booth, those with personality disorders project their internal conflicts onto their daily interactions — usually without knowing it. All the world is a stage — including court.

It is not uncommon in family court declarations for one with a personality disorder to claim the other party has characteristics which are really their own (“he’s manipulative and falsely charming” or “she’s hiding information and delaying the process”), and do not fit the other party. Spousal abusers claim the other is being abusive. Liars claim the other is lying. (One man who knew he was diagnosed with a Narcissistic Personality Disorder claimed his wife also had an NPD simply because she liked to shop.)

How Family Court Fits Personality Disorders

Family Court is perfectly suited to the fantasies of someone with a personality disorder: There is an all-powerful person (the judge) who will punish or control the other spouse. The focus of the court process is perceived as fixing blame — and many with personality disorders are experts at blame. There is a professional ally who will champion their cause (their attorney — or if no attorney, the judge). A case is properly prepared by gathering statements from allies — family, friends, and professionals. (Seeking to gain the allegiance of the children is automatic — they too are seen as either allies or enemies. A simple admonition will not stop this.) Generally, those with personality disorders are highly skilled at — and invested in — the adversarial process.

Those with personality disorders often have an intensity that convinces inexperienced professionals — counselors and attorneys — that what they say is true. Their charm, desperation, and drive can reach a high level in this very emotional, bonding process with the professional. Yet this intensity is a characteristic of a personality disorder, and is completely independent from the accuracy of their claims.

What Can Be Done

Judges, attorneys, and family court counselors need to be trained in identifying personality disorders and how to treat them. Mostly, a corrective on-going relationship is needed — preferably with a counselor. However, they usually must be ordered into this because their belief systems include a life-time of denial and avoidance of self-reflection.

Some courts may order up to one year of counseling for parents, if: “(1) The dispute between the parents or between a parent and the child poses a substantial danger to the best interest of the child. [or] (2)The counseling is in the best interest of the child.” Even short-term counseling can help.

Therapists, in addition to being supportive, need to help clients challenge their own thinking: about their own role in the dispute; about the accuracy of their view of the other party; and about their high expectations of the court. Further, therapists should never form clinical opinions or write declarations about parties they haven’t interviewed.

Likewise, attorneys need to also challenge their clients’ thinking and not accept their declarations at face value. More time should be spent educating them to focus on negotiating solutions, rather than escalating blame. The court should make greater use of sanctions under Family Code Section 271 for parties and attorneys who refuse to negotiate and unnecessarily escalate the conflict and costs of litigation.

The court must realize that the parties are often not equally at fault. One or both parties may have a personality disorder, but that does not necessarily mean both are offenders (violent, manipulative, or lying). A non-offending, dependent spouse may truly need the court’s assistance in dealing with the offender. The court should not be neutralized by mutual allegations without looking deeper. Otherwise, because of their personality style, the most offending party is often able to continue their offender behavior — either by matching the other’s true allegations for a neutral outcome, or by being the most skilled at briefly looking good and thereby receiving the court’s endorsement.

The court is in a unique position to motivate needed change in personal behavior. In highly contested cases, counseling or consequences should be ordered. Professionals and parties must work together to fully diagnose and treat each person’s underlying problems, rather than allowing the parties (and their advocates) to become absorbed in an endless adversarial process. Because their largest issues are internal, they will never be resolved in court.

Bill Eddy’s website is www.HighConflictInstitute.com.



Cristal Tran

Gabriel Adams asked:


When issues arise within the family unit or domestic relationships get out of hand, family law is the branch of judicial problem solving that deals with a wide range of family-related issues. Throughout the United States, it is the family courts that often handle the heaviest caseload, as many jurisdictions tackle concerns that deal with gaining custody of a child to dealing with the proper procedure of finalizing a divorce.

Within the system, family law cases extend to the wealthiest of local residents to the poorest of single-parent families. No social or economic class has been spared the family court system when any area of family law is involved. Below are some of the many different areas of regulation attached to family law:

When two people wish to get married, they have to go through family law to get the proper approval needed to continue their wedding plans. The same goes for civil unions and domestic partnerships. A civil union provides same-sex couples the rights, benefits, and responsibilities much like the parameters associated with married opposite-sex couples. Domestic partnerships recognizes relationships between two people who live together in a domestic setting that have chosen not to enter traditional marriage, common-law marriage, or a civil union.

Family law then deals with the legal issues that arise during marriage. They will step in when married couples inflict harm upon one another. They will oversee adoption processes and settle surrogacy issues. When a parent abducts his or her own child, family law will be called upon to hear out the case. Child abuse is also an important branch of the law that falls under the most pressing family-related concerns.

When the relationship between two people has soured and the termination of their union has arrived, family law will deal with the matters concerning divorce and annulments. They will see that property settlements and alimony payments are arranged. In the United States, the responsibilities of the parents are dealt with under family law, such as custody hearings, visitation rights, and child support awards.



Kolton Horn

*kImBeR .45* asked:


When my ex and i went to family court last month . My Ex was told to file his response and get his proof of income together and file it before our next court date. He hasn’t filed a response or done anything for that matter. So my question is whats going to happen at our next court date?

Gabrielle Cox

shannon W asked:


My husband is trying to get visitation of his son… someone said he just needs to file a petition for visitation at a family court. I can’t find a local family court… can we do it at the court house?
I hear I can find this form online… do you know where?
State of Texas… they were never married

Nathanael England

mjvpgarcon asked:


I would like to know what cases I should use to argue the caseinvolving restraining order which was issue by the trial family court in California. I would like the verdict to be overturn in court of appeal in California or possibility in U.S. Court of appeal?

Hamza Thompson