Comments for Lee's Divorce & Family Law Blog http://divorceinfo.com/blog Sat, 21 Nov 2009 06:26:35 +0000 http://wordpress.org/?v=2.7.1 hourly 1 Comment on A Pointless Appeal? by Phillip Lackey http://divorceinfo.com/blog/?p=757&cpage=1#comment-264747 Phillip Lackey Fri, 20 Nov 2009 01:27:50 +0000 http://divorceinfo.com/blog/?p=757#comment-264747 I agree with you whole-heartedly in your view regarding this case. However, implied in your view is a condition of the judiciary which needs corrected. I know of no other profession in which errors or inadequate performance is so devoid of consequence than the judiciary. An engineer, a doctor, an architect, or an accountant who performs poorly is subject to reprimand by their employer or civil liability. A judge on the otherhand has a fixed tenure on the bench and is shielded from civil liability unless there is some act so egregious that it rises to the level of being unlawful. There is no reason why a judge cannot be held to performance standards in a manner in which other professionals are. It would be a simple matter for the state to implement pay for performance standards for judges in which annual reviews of performance in compliance with well established standards could be used to guide annual increases in compensation. The review could encompass cases overturned on appeal due to procedural errors, but not those over a question of law. Similarly, efficiency in resolving case load could be rewarded and hopefully the number of people waiting years to have a day in court reduced. I agree with you whole-heartedly in your view regarding this case. However, implied in your view is a condition of the judiciary which needs corrected. I know of no other profession in which errors or inadequate performance is so devoid of consequence than the judiciary. An engineer, a doctor, an architect, or an accountant who performs poorly is subject to reprimand by their employer or civil liability. A judge on the otherhand has a fixed tenure on the bench and is shielded from civil liability unless there is some act so egregious that it rises to the level of being unlawful. There is no reason why a judge cannot be held to performance standards in a manner in which other professionals are. It would be a simple matter for the state to implement pay for performance standards for judges in which annual reviews of performance in compliance with well established standards could be used to guide annual increases in compensation. The review could encompass cases overturned on appeal due to procedural errors, but not those over a question of law. Similarly, efficiency in resolving case load could be rewarded and hopefully the number of people waiting years to have a day in court reduced.

]]> Comment on Awarding Retirement Plans in Alabama Divorce by Lee Borden http://divorceinfo.com/blog/?p=340&cpage=1#comment-264570 Lee Borden Tue, 17 Nov 2009 22:28:29 +0000 http://divorceinfo.com/blog/?p=340#comment-264570 Perhaps. I say "perhaps" because nobody has told Alabama judges yet how they should allocate a retirement plan account whose life exceeds the length of the marriage. Many judges do it exactly as you describe, using the simplest of math. Others ask the parties to determine what the account was worth at the date of marriage and what it's worth today, and then they allocate the increase in value. I don't know for sure, but I would think you would rather your judge use the simple math. The latter approach probably results in a larger allocation to your STBX. Perhaps. I say “perhaps” because nobody has told Alabama judges yet how they should allocate a retirement plan account whose life exceeds the length of the marriage. Many judges do it exactly as you describe, using the simplest of math. Others ask the parties to determine what the account was worth at the date of marriage and what it’s worth today, and then they allocate the increase in value. I don’t know for sure, but I would think you would rather your judge use the simple math. The latter approach probably results in a larger allocation to your STBX.

]]> Comment on Alabama Relocation - Who Must Give Notice? by Lee Borden http://divorceinfo.com/blog/?p=419&cpage=1#comment-264569 Lee Borden Tue, 17 Nov 2009 22:13:27 +0000 http://divorceinfo.com/blog/?p=419#comment-264569 The judge has a whole panoply of options, ranging from no action at all to changing custody to the parent who objects to the move. The judge has a whole panoply of options, ranging from no action at all to changing custody to the parent who objects to the move.

]]> Comment on Living Together After Divorce by Lee Borden http://divorceinfo.com/blog/?p=383&cpage=2#comment-264568 Lee Borden Tue, 17 Nov 2009 22:12:35 +0000 http://divorceinfo.com/blog/?p=383#comment-264568 Then you shouldn't do this. I would never suggest that divorced people continue living together unless both spouses are convinced they can make it work. You're not, so you shouldn't. Then you shouldn’t do this. I would never suggest that divorced people continue living together unless both spouses are convinced they can make it work. You’re not, so you shouldn’t.

]]> Comment on Awarding Retirement Plans in Alabama Divorce by John http://divorceinfo.com/blog/?p=340&cpage=1#comment-264515 John Tue, 17 Nov 2009 03:22:05 +0000 http://divorceinfo.com/blog/?p=340#comment-264515 I'm trying to comprehend what was written here and else where. I am married and going thru a divorce. I am 42 and she is 36. She had what i perceived and my attorney perceive to be an affair while I'm working over here in Afghanistan. My future ex wife, is asking for half of my retirement, I retired on June 01, 2008 from the Army after 20 years 2 months and 15 days. We were married on 15 may 1998. I entered service on 16 March 1988. The way i read the rules for division of retirement pay is that she could get up to half of my retirement check that was earned while i was married to her, since i was in the army for 10 years of the accumulation of time to get the retirement does that mean she would be only entitled up to half of the amount, as in, instead of 50% she could get 50% of 50%. Is my interpretation correct? I’m trying to comprehend what was written here and else where. I am married and going thru a divorce. I am 42 and she is 36. She had what i perceived and my attorney perceive to be an affair while I’m working over here in Afghanistan. My future ex wife, is asking for half of my retirement, I retired on June 01, 2008 from the Army after 20 years 2 months and 15 days. We were married on 15 may 1998. I entered service on 16 March 1988. The way i read the rules for division of retirement pay is that she could get up to half of my retirement check that was earned while i was married to her, since i was in the army for 10 years of the accumulation of time to get the retirement does that mean she would be only entitled up to half of the amount, as in, instead of 50% she could get 50% of 50%. Is my interpretation correct?

]]> Comment on Dividing FERS Retirement Plans by mike http://divorceinfo.com/blog/?p=334&cpage=1#comment-264513 mike Tue, 17 Nov 2009 02:43:57 +0000 http://divorceinfo.com/blog/?p=334#comment-264513 Mr Borden You started out OK, but after this last posting, your reply was an attack. Now you have silenced! Why??? For your information, anyone who marries in my opinion is a fool. I guess i was a fool. Marriage for me serves no purpose other than to provide the legal system and the lawyers a chance to financially destroy men for relationships that dont work. I vow to write the lawmakers overseeing domestic law and the president of the United States to overhaul the Marital Domestic Laws for the 50 states to comply all the same. and change a number of the equations, factors, and rules on property and assets distribution. Men will not get taken to the cleaners once this all goes down. You know as well as i do Divorce Lawyers financially rape their clients, as you are all the highest paid Lawyers. It makes me mad to see the laws allow divorce lawyers to steal all their clients money because two people made a mistake and need to move on. Divorce is a dirty business and does not need to be, but the laws allow you all to set the rules and charge a fortune for repair of the problem, rather than charging a reasonable fee and helping two people get their lives back together. Mr Borden, you have not anywhere near said all you know, you have just silenced because you have no good comeback and are caving in. You simply choose not to answer. When the going gets tough, the tough get going!!! Your first posting was good, this last one i dont know, you developed an attitude in your reply, and did not answer the questions i asked. says something about you, doesnt it. Your nose is in the air my friend. Can you take it pal so far. Getting tough aint it! Care to reply, and by the way if you cant reply nicely this next go around, then as you said, you said all you know or intend to say, and let me add to this, that it is not saying much and your useless. As far as im concerned, you can delete your website and your Blog and make it disappear for all i care, and do everybody a favor, get it, and may the visitirs her get it. Care to reply Mr Borden

You started out OK, but after this last posting, your reply was an attack.

Now you have silenced! Why???

For your information, anyone who marries in my opinion is a fool. I guess i was a fool. Marriage for me serves
no purpose other than to provide the legal system and the lawyers a chance to financially destroy men
for relationships that dont work.

I vow to write the lawmakers overseeing domestic law and the president of the United States to overhaul
the Marital Domestic Laws for the 50 states to comply all the same. and change a number of the equations,
factors, and rules on property and assets distribution.

Men will not get taken to the cleaners once this all goes down.

You know as well as i do Divorce Lawyers financially rape their clients, as you are all the highest paid
Lawyers. It makes me mad to see the laws allow divorce lawyers to steal all their clients money because two
people made a mistake and need to move on.

Divorce is a dirty business and does not need to be, but the laws allow you all to set the rules and
charge a fortune for repair of the problem, rather than charging a reasonable fee and helping two people
get their lives back together.

Mr Borden, you have not anywhere near said all you know, you have just silenced because you have no good
comeback and are caving in. You simply choose not to answer. When the going gets tough, the tough get going!!!

Your first posting was good, this last one i dont know, you developed an attitude in your reply, and did not
answer the questions i asked. says something about you, doesnt it. Your nose is in the air my friend.

Can you take it pal so far.

Getting tough aint it!

Care to reply, and by the way if you cant reply nicely this next go around, then as you said, you said all you know
or intend to say, and let me add to this, that it is not saying much and your useless.

As far as im concerned, you can delete your website and your Blog and make it disappear for all i care, and do
everybody a favor, get it, and may the visitirs her get it.

Care to reply

]]> Comment on Living Together After Divorce by John http://divorceinfo.com/blog/?p=383&cpage=2#comment-264496 John Mon, 16 Nov 2009 21:33:41 +0000 http://divorceinfo.com/blog/?p=383#comment-264496 My wife is filing for divorce. We have a 2 year old daughter. She wants to remain living together. She is a stay at home mom and I support them both. I am interested in hearing more about how this affects the children. We are living together mostly for our daughter's sake. I feel like things we be better for all if I give it up and move out. How can you move on emotionally and in a relationship? I just don't see it. My wife is filing for divorce. We have a 2 year old daughter. She wants to remain living together. She is a stay at home mom and I support them both. I am interested in hearing more about how this affects the children. We are living together mostly for our daughter’s sake. I feel like things we be better for all if I give it up and move out. How can you move on emotionally and in a relationship? I just don’t see it.

]]> Comment on Alabama Relocation - Who Must Give Notice? by KRISTI http://divorceinfo.com/blog/?p=419&cpage=1#comment-264490 KRISTI Mon, 16 Nov 2009 19:20:33 +0000 http://divorceinfo.com/blog/?p=419#comment-264490 IF A PARENT DOES MOVE AWAY WITH OUT NOTICE AND ARE TAKEN BACK TO COURT WHAT CAN HAPPEN TO THAT PARENT WHOM MOVED WITHOUT NOTICE? IF A PARENT DOES MOVE AWAY WITH OUT NOTICE AND ARE TAKEN BACK TO COURT WHAT CAN HAPPEN TO THAT PARENT WHOM MOVED WITHOUT NOTICE?

]]> Comment on Dividing FERS Retirement Plans by Lee Borden http://divorceinfo.com/blog/?p=334&cpage=1#comment-264464 Lee Borden Mon, 16 Nov 2009 10:43:42 +0000 http://divorceinfo.com/blog/?p=334#comment-264464 I've said all I know or intend to say. I’ve said all I know or intend to say.

]]> Comment on Dividing FERS Retirement Plans by mike http://divorceinfo.com/blog/?p=334&cpage=1#comment-264432 mike Mon, 16 Nov 2009 00:04:12 +0000 http://divorceinfo.com/blog/?p=334#comment-264432 Lee your reply is not what i asked. Please reanswer the questions if you would. all is subject to change. i did not expect,nor do i believe,nor do i appreciate that posting No i will not regret anything, i did no wrong, i will not pay a price for doing nothing wrong. Lee

your reply is not what i asked. Please reanswer the questions if you would.
all is subject to change. i did not expect,nor do i believe,nor do i appreciate that posting
No i will not regret anything, i did no wrong, i will not pay a price for doing nothing wrong.

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