TLD's General Counsel Blog

AM I ENTITLED TO MY DIVORCED SPOUSE'S SOCIAL SECURITY BENEFITS?

If your former spouse qualifies for social security benefits, you may apply for benefits when your former spouse reaches age 60, even if your former spouse has not applied for the benefit for himself or herself.

Ten years is the magic number.  You must have been married to the worker for 10 years before the date the divorce became final.  In addition, the spouse seeking the benefit cannot have remarried.  It does not matter if the working spouse has remarried.

The Social Security Administration website has very useful information.  You are entitled to your divorced spouse's insurance benefits on the worker's Social Security record if:

     A. The Worker is entitled to retirement or disability insurance benefits;

     B. You have filed an application for divorced spouse's benefits;

     C. You are not entitled to a retirement or disability insurance benefit based on a primary insurance amount which equals or exceeds one-half the worker's primary insurance amount;

     D. You are age 62 or over;

     E. You are not married; and

     F. You were married to the worker for 10 years before the date the divorce became final.

Article Submitted By: Attorney Daniel Gold

MICHAEL JORDAN FILES FOR DIVORCE: DOES RECONCILIATION WORK?

For the second time in their 17-year marriage, Michael Jordan and his wife, Juanita, have called it quits.  In 2002, Juanita filed for divorce citing, "irreconcilable differences."  However, she withdrew her petition just weeks later when the couple announced they were attempting a reconciliation.  Juanita Jordan is seeking custody of their three children, a 25,000 square foot house in suburban Highland Park and half of the rest of the couple's property. 

Michael Jordan plays for the Washington Wizards and it is reported that he was paid more than $30 million in his final season with the Chicago Bulls.  He hails as one of the world's richest athletes.  Juanita and Michael Jordan announced that they have "mutually and amicably decided to end their marriage."  They further announced that there will be no further statements.  Read more here.

In many cases, a "cooling off" period might facilitate a reconciliation.  Significantly, for parties who are terminating a relatively lengthy marriage or domestic partnership but have not yet physically parted.  A separation period is said to provide a good indicator of what life will be like after dissolution.

However, a trial separation is not suitable in circumstances that can be harmful.  Usually, if there are no housing issues, domesic violence and/or property management and security issues, reconciliation is encouraged by California public policy.  In fact, a written agreement with respect to housing and property management and security can be drafted and filed with the Court prior to the reconciliation period.

Article Submitted By: Attorney Daniel Gold

ESTABLISHING PATERNITY IN CALIFORNIA: WHO IS THE FATHER?

Recently, Anna Nicole Smith's ex-boyfriend, Larry Birkhead, filed suit for Paternity in Los Angeles Superior Court, demanding that Smith return to the U.S. with newborn daughter, Dannielynn Hope and submit the baby to a paternity test.  Read the details here.

"Establishing parentage" in California means saying who the legal parents of a child are if the parents were not married when the child was born.  If the parents were married when the child was born, the law usually considers the husband to be the father.

If you are not married when the child is born, you can sign a Voluntary Declaration of Paternity before leaving the hospital (or after).  When people who are not married can not agree about parentage, the court can order genetic testing.

California paternity law authorizes blood tests in cases where parentage is disputed.  The mother, child, and alleged father will be required to submit to these blood tests.  If a party refuses to submit to blood tests then the court has the power to resolve the parentage issue against that party.

Generally, a child's parentage must be established before child support or custody/visitation orders are put into place.  You can ask the judge for child support or custody and visitation as part of a case that establishes the parentage of a child.  If paternity is challenged by the father, temporary child support may be awarded while pending whether the alleged father is the actual father.  If the DNA test is negative, the child support paid may be returned to the paying party under California paternity law.

Lemonade From Lemons: Using Discipline To Create A Better Work Environment

Every employer will, at some point, have the obligation to discipline an employee. A properly implemented disciplinary action can have the desired effect of bettering an employee’s performance. Likewise, poorly implemented discipline can foster resentment and create far-reaching morale issues amongst the workforce.There are at least three components to implementation of a proper disciplinary plan.