Monday, April 23, 2012

Don't Tweet Your Divorce

Honestly people.   Some things should be kept private.    Your divorce and the whole mess you are going through with your spouse is one of those things.   But what can one expect from "Primetime?"   Yep, Deion Sanders is taking to twitter about his divorce.    He decided to tell all his followers about the difficulties he is having with his soon to be ex-wife.  This is such a bad idea.

First there are the evidentiary issues.   Twitter is not private.   Everything you post on Twitter, Facebook, MySpace (for the two users of MySpace left), linked in, Pinterest and every other darn social media site is pretty much public information now.    Which means it can be used by either party in the divorce.   There is no claim of privilege or privacy.   So, of above all, don't be posting advice your attorney gives you anywhere on the internet. That destroys attorney-client privilege.  

But also, don't be posting how you are going to mess your spouse up, how you are going to get the kids and make sure your spouse never sees them, or anything like that.   Don't even post like Deion Sanders did about an alleged assault.    It doesn't make your spouse look near as bad as you think it does.   It does make it you look like a big jerk.  Guess how well courts like someone that comes across as a big jerk?   Here's a hint -- not much.  

Second of all, your children will read your postings.   Your kids do not need to see you badmouthing the other parent in a public forum.    Believe it or not,  this does not make the kids love you more.   It just makes them feel caught in the middle.   It makes them feel like they are doing something wrong by loving the other parent.   Don't put your kids in that position.    Keep your feelings about the other parent to yourself.   If you must let it out, don't do it in a way that your kids can find out.   Trust me, that they will love you for.

Take the high road.   Don't post.   Be the reasonable one.   It's a lot easier to get the court to see your point of view if you are reqsonable.   It's not reasonable to be spreading tales all over the internet.

Friday, April 6, 2012

Child Support and Bankruptcy

Warren Sapp, a current analyst on NFL Network and former Buccaneer and Raider has filed for bankruptcy.   He filed for Chapter 7, which is the liquidation one, not the one where you set up a payment plan.   I don't do bankruptcy (too much math) so I cannot get into the ins and outs of the filing.   But one thing is interesting, he owes the IRS approximately $900,000.   He also owes --- wait for it -- child support in the "hundreds of thousands of dollars" according to the PFT article.   Interesting.

You see, child support is not dischargeable in bankruptcy.   That means, you can't sell your assets, pay what you can on your child support and forget about it.   Child support is for the support of the child.   If it could be discharged in bankruptcy, every person who owes child support would just file for bankruptcy.   Then be free forever from paying it.   Or at least the arrears.   It would be against public policy to let the person get away with it.  

Here is what I really don't get.   Sapp has rought $6.45 in assets and only $6.75 in debts.   He also currently has a job (the contract expires in August 2012).   All of this is according to PFT.    Why is he filing bankruptcy?   Most of his debt is not dischargable in bankruptcy anyway, so he will still owe the money.   Why not work out the other debts and move forward?   Why not control your spending?   (note to Sapp, you are not making millions as an athlete anymore).    I just don't see how a liquidation bankruptcy really helps him in the long run.  

Especially as he will still owe the child support.   If the kids are young enough, the child support obligation will be ongoing (child support ends at 18 in Maryland, generally, no college payments required).   So, if he doesn't get his spending under control, he will be right back in debt.  

Child support does not go away.