Ex wife moving out the country with my daughters My ex-wife is planning to move out of the country (to France) next year with my daughters (12 and 10 years old respectively). We have shared custody. I pay alimony (been paying for 7 years, 3 more to go) and child support. We have a good relationship in general. My questions: What can I do legally to prevent her from moving indefinitely to France? She says it will only be for 2 years but I do not believe it. I believe she's saying so just to not find opposition from my side. I might be OK with her moving for up to 2 years but not more than that. What are the implications in terms of Alimony if she moves out of the country for such a long period of time? What about implications to Child Support? I do not believe she will be living in France with a work permit. I believe she will be working on some kind of informal business. If I am right, and she won't be working "Legally" in France, what can I do here in the US to prevent her from taking my daughters considering the fact that she won't potentially have a better standard of living than the one she has here and the fact that she won't have a work permit to work in France? Can I take her to court and demand that she provides proof of a work permit and job contract? In general, what are my legal options, if any? Note: We live in New Jersey
Child custody (and alimony) are determined by state courts, so the exact details are state-dependent. There is no legal basis for a person preventing thrie former spouse from moving (assuming the host country doesn't deny a visa), but the courts would be involved in determining whether the child can be taken along: parent A cannot legally just pack up the kids and bolt. When parents don't agree, then the court must determine what outcome is in the best interest of the child. If the children want to move, that counts in favor of them moving ("counts in favor" does not mean "decides the matter"). If the moving parent doesn't have viable employment prospects abroad, that counts against them moving. The amount of time each parent spends with the children also matters, not to mention the laws of your state (here is what the California courts say: "Move-Away" Situations). Generally speaking, the moving parent has to provide notice, then the non-moving parent has to file a legal action to block the move. Your attorney will discuss all of the relevant considerations with you. The fact of a parent moving to another country does not per se invalidate court-ordered support, but the court can modify an order if circumstances warrant (there's no obvious reason why moving to France would result in modification of such an order).
The green card should always be at hand Yeah, he can't do that. He needs a green card in his possession anytime he's not on private property. Obviously for instance leaving it in the gym locker while you're at the gym is ok, but no, you can't dash off to the grocery store without it, on the logic that it's "just in town". Just like I can't make a milk run without my driver's license. So this idea of dashing off on a 400 mile adventure, is Right Out. He should have absolutely refused to travel without the documents in hand. If they say "get off the property or we'll call the cops", then tell the cops "I can't leave without my passport/green card" which the cops will back up, because they know the law and they know how trafficking works. The right to strut around the USA without any ID at all is reserved for US citizens only, and even that is being stripped away by ever-changing laws. Those documents are someone else's property The Green Card is the property of the USA and is not hers to steal. The passport is the property of the Philippine government and is not hers to steal. She didn't take your stuff, she took theirs. So she is guilty of a Federal crime, and the long arm of Philippine law may have an "opinion" on the matter also. Of course, most people don't think of it that way. They think your ID is your property so they think they're only messing with you. I would absolutely, positively report theft of the passport to the Philippine consulate. (Or rather, just report a missing passport, and be free about explaining the circumstances). One might hope that a phone call to consular staff might scare her straight, and get her to send it along. Most likely the green card would be in there also. Or, he could pay the fees to have a replacement passport issued. However the important one is the Green Card, since that establishes your right to be in the USA. On that one, you must consult an immigration lawyer and find out what you need to do. You certainly can get replacement green cards (not cheap), but admitting you don't have yours could cause you problems. People often seize documents for a reason And what makes me think that is, the uncle is a grown adult and the daughter's elder, and I thought that meant something in the Philippines. He is supposed to be more adult and more responsible. As such, he should be responsible for his own documents. Yet, this seems to be in the daughter's hands; this raises red flags. Maybe what she did was a harmless prank. But usually, taking an immigrant's documents is done for an entirely evil reason. Either they are forcing them into indentured servitude (also called "trafficking") - so if he is now in a situation where he is being extorted to do work in a worse situation or worse wage than he'd take willingly, then he is a trafficking victim, and the taking documents is part of the plot. The US has some legal protections for trafficking victims. Or they are "setting him up" for failure in some other way - for instance, out of idle malice, the niece might be planning to call immigration and report him as being illegal, hoping he'd be found with no green card, and deported for not having it.
Most employment in the US is "at will". That means that the employer or the employee can terminate the relationship without notice for any reason or for no reason. There are certain statutory protections that limit this, however, such as federal protections against discrimination on the basis of a protected characteristic. Arizona may have other protections. So the first thing you need to do (or your lawyer needs to do) is determine whether your employment was at will. If so, then it doesn't much matter if the reasons they gave you were lies, unless you can show that their actions constituted illegal discrimination. (If they lied about you to someone else, though, you might be able to go after them for libel or slander.) If your employment was not at will, then you may be able to challenge the reasons for the firing if the firing violated the conditions under which your employment could be terminated. Even if your employment was at will, your firing might fall under one of the exceptions listed in the Wikipedia article: public policy, implied contract, or good faith/fair dealing (although the article gives conflicting information about whether Arizona has an implied contract exception; the text says that it does not, but the map shows that it does). To analyze the facts of your case in connection with Arizona employment law, you really need to talk to a lawyer with a practice in Arizona employment law. The lawyer will want to review your contract or other written agreement, if there is one.
Not much. Consider the following: The father can not force the mother to abort the pregnancy. Ex post facto agreements of non-payment are, in all likelihood, unenforceable. The father will be obligated to pay child support under the laws of the state with jurisdiction over the paternity. The abortion angle won&rsquo;t work. Setting aside commentary regarding the politics or ethics of abortion. I think we can agree it is a highly charged and emotional topic for some people. I point to the fact it always seems to be an issue during Supreme Court nominations and presidential elections. Given the explosive nature of the issue of whether abortions should be legal or not (in the case where the mother does not want to carry full term) could you imagine how much more dynamite it would add to the debate if the question were whether or not to allow the father to force the mother to terminate the pregnancy against the mother's wishes! One can only imagine how much more bombastic the abortion debate might then become. You can&rsquo;t escape child support (most likely). To give you a sense of how difficult it is to escape the obligations of child support. Consider the following... A Kansas man was ordered to pay child support when he thought he was being a sperm donor only and signed numerous agreements with the lesbian couple he thought he was helping. In that case, the court justified its ruling on the grounds that a doctor was not involved in the insemination process. But nothing prevents future courts from making the same ruling in cases where a doctor is involved in the insemination process. Especially if that state either withdraws from the The Uniform Parentage Act, amends it, repeals it, or never adopts it in the first place. Sperm Donors and Child Support: Even in cases in which the donor is known, but holds himself out as unknown, some courts have held the donor legally obligated to pay child support. Read more here. Ex post facto agreements are problematic. Now that you've edited the question, the above link is even more useful for providing a possible avenue to try (albeit unlikely to work): a non-payment agreement. The discussion in that link describes that even if you could somehow convince the mother to go along with it, it is unlikely (though not impossible) to be enforced by the courts. It depends on the facts (e.g., intercourse vs. in vitro), circumstances (e.g., relationship vs. no relationship between the parties), timing (e.g., before vs. after the agreement), etc. of the impregnation itself. Notwithstanding all the above, if you still have questions, you might consider floating an idea of an approach you think you might try (in a separate question) and get reactions to that specific proposal.
It seems self-evident the spouse who gave up their career to keep the home and raise the children will not post-divorce be in an equivalent position employment-wise (A) as if they had not given up their career or (B) to the spouse who continued their career. england-and-wales The law doesn't mandate a 50-50 split although there is a widespread perception it does. The Matrimonial Causes Act 1973 (as amended) is current law. It says of a court making property orders, financial provision orders etc: s25 (1) It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 [F124, 24A [F125, 24B or 24E]] above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen. (2) As regards the exercise of the powers of the court under section 23(1)( a ), ( b ) or ( c ), 24 [F126 , 24A [F127, 24B or 24E]] above in relation to a party to the marriage, the court shall in particular have regard to the following matters— (a)the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire; (b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future; (c)the standard of living enjoyed by the family before the breakdown of the marriage; (d)the age of each party to the marriage and the duration of the marriage; (e)any physical or mental disability of either of the parties to the marriage; (f)the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family; (g)the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it; (h) in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit F128 . . . which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. (3) As regards the exercise of the powers of the court under section 23(1)( d ), ( e ) or ( f ), (2) or (4), 24 or 24A above in relation to a child of the family, the court shall in particular have regard to the following matters— (a)the financial needs of the child; (b)the income, earning capacity (if any), property and other financial resources of the child; (c)any physical or mental disability of the child; (d)the manner in which he was being and in which the parties to the marriage expected him to be educated or trained; (e) the considerations mentioned in relation to the parties to the marriage in paragraphs ( a ), ( b ), ( c ) and ( e ) of subsection (2) above. (4) As regards the exercise of the powers of the court under section 23(1)( d ), ( e ) or ( f ), (2) or (4), 24 or 24A above against a party to a marriage in favour of a child of the family who is not the child of that party, the court shall also have regard— (a)to whether that party assumed any responsibility for the child’s maintenance, and, if so, to the extent to which, and the basis upon which, that party assumed such responsibility and to the length of time for which that party discharged such responsibility; (b)to whether in assuming and discharging such responsibility that party did so knowing that the child was not his or her own; (c)to the liability of any other person to maintain the child.] In short the division of the matrimonial assets must depend on the circumstances of the case. The Lords in the House of Lords judgments White v White and Miller v Miller: McFarlane v McFarlane [2006] UKHL 24 supply some history, their observations of how divorce has changed over time, and of course their own rationales for their judgments. In White Lord Nicholls said there should be recognition of the non-financial contribution of the homemaker/child-raiser. In Miller: ... to greater or lesser extent every relationship of marriage gives rise to a relationship of interdependence. The parties share the roles of money-earner, home-maker and child-carer. Mutual dependence begets mutual obligations of support. When the marriage ends fairness requires that the assets of the parties should be divided primarily so as to make provision for the parties' housing and financial needs, taking into account a wide range of matters such as the parties' ages, their future earning capacity, the family's standard of living, and any disability of either party. The contemporary aim is fairness which is not necessarily the same as an equal share. There is a 'yardstick of equality' (from White) but it must be applied as an aid, not a rule. Miller v Miller makes the point that people will have different views about fairness and that views may change over time: Fairness is an elusive concept. It is an instinctive response to a given set of facts. Ultimately it is grounded in social and moral values. These values, or attitudes, can be stated. But they cannot be justified, or refuted, by any objective process of logical reasoning. Moreover, they change from one generation to the next. It is not surprising therefore that in the present context there can be different views on the requirements of fairness in any particular case.
This is a tricky question on the intersection of visa and tax laws. It is tricky because every country can make its own rules that apply when you are in that country or do business in that country. Even within the EU, there is no uniform approach because freedom of movement merely covers the right to work in a country, but not the rules which have to be followed when doing so. Thus, you have to fall back to reading each individual country's rules and legislation. In general: Whether you are even allowed to work or which work activities are permitted depends on your visa or visa-free status. If you are a permanent resident or citizen of the UK, you can come to and work in every EEA country, until the end of the Brexit transition period, subject to the same rules as residents in that country. Often, visa-free visits or business visa allow some business activities such as attending meetings with clients or collecting information, but not performing actual work. If you're interested in what business activities the UK allows visitors from other countries to do, take a look at the visitor rules. Income tax may be due at the place of tax residency or where the income is generated/earned, in particular where you actually perform the work. There is a widespread belief that you only gain tax residency after staying in one country for 6 months, but this is misleading in the general case: every country makes its own rules, and income tax may be due even without (permanent) tax residency. The relevant countries (the country where you work and the country where you normally reside) might have a tax agreement that specifies where tax is due. Within the EU, it is fairly common that a person works in a different country than the one they reside in, so there is a well-developed network of tax treaties. Often, certain activities are exempt from local taxes, such as compensation for visiting researchers or regular employment. There's also a good chance that profit from independent work / business profits are only taxable at the place(s) where that enterprise has a permanent establishment – but it depends on the details. This section is based on the OECD model tax treaty (https://doi.org/10.1787/mtc_cond-2017-en) which most treaties follow closely. If no tax treaty exists that exempts your income from local taxation, you must consult the local tax laws. VAT rules are entirely different, and for B2B services are generally taxed at the location of the client (place of supply rules). But every country makes its own rules. Exception: within the EEA, cross-border B2B supply is always taxed at and by the client via the reverse-charge mechanism. So things can get quite tricky, and a business visitor should inform themselves beforehand what activities they are allowed to perform abroad and whether there are tax implications. is it any different from a UK author going travelling, taking lots and lots of notes, or even writing his/her next novel whilst in various locations, and publishing once returned to the UK? Here no tax implications arise because the travelling author is not paid during their travels, but they have to consider visa rules when performing their work. Such rules often have exemptions for artists. However, it depends on the rules of the travelled country. what basis does a government have for deciding &quot;where&quot; work was done? Each country is sovereign and can make its own rules. How would that apply if a team of software developers had a virtual &quot;pair programming&quot; session, with one in USA, one in UK, and one in the Far East ? &quot;Where&quot; has that software been written? It is not generally relevant where software was written, aside from copyright or export regulation issues which might have their own rules. Since each of the three programmers is working in their own country, no particular visa or income tax issues arise. However, if they have a common employer, the employer does have to consider the local employment laws regardless of where the employer is established, which may include paying some taxes in every country.
If an F-1 student in the US, gets married with a US citizen, how can he protect his money if a divorce happened in the future? Specifically if he has a plan to establish a company and run a business after he graduated, how can he keep all the rights and money/stuck/profit he will earn from his company and won't share it after a probable divorce? Should they wright something like &quot;we promise we won't have any claims about each other's money after the divorce&quot; before they get married? A prenuptial agreement is possible, and only an idiot or fool would draft one himself. An agreement drafted without legal representation would be highly likely to be invalidated in an effort to enforce it in the event of a divorce. Generally, both parties should have separate counsel. This must be accompanied by full financial disclosure by both parties, at least an opportunity to confer with legal counsel providing full informed consent regarding the rights given up in the agreement, and no undue pressure to sign it on the eve of a wedding. It cannot impact child support or child custody. It must also not be unconscionable to either spouse, either at the time it is executed or at the time of a divorce. If the company makes millions of dollars over the course of a ten year marriage, a court would not enforce the agreement according to those terms. In the case of an immigrant marrying a U.S. citizen, having a prenuptial agreement is usually a significant barrier to obtaining a spousal visa, which may be the only visa available after the marriage, on the grounds that this is considered a &quot;yellow flag&quot; that the marriage may actually be a sham for citizenship purposes only. A typical immigration officer who would read a post like this one or hearing an explanation for its purpose in an interview in those words would seriously consider denying a spousal visa or U.S. citizenship on the ground that the marriage is a fraud. The notion of a &quot;probable divorce&quot; in particular would almost certainly doom visa approval or a citizenship application, and would also, at the margins, make it less likely that it would be enforced at all. This is particularly true in the event of the very one-sided agreement proposed when you have a young couple that doesn't have established assets and children from prior marriages, or a pre-existing substantial amount of inherited wealth. Why else would a spouse agree to it?
the ratio of divorced men paying the ex wife versus divorced women paying the ex husband should more or less reflect the ratio of employed men vs. employed women Not necessarily. Some states (NC for example) look at more than just the work scenario that you propose. From § 50-16.3A: (1) The marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation; (2) The relative earnings and earning capacities of the spouses; (3) The ages and the physical, mental, and emotional conditions of the spouses; (4) The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others; (5) The duration of the marriage; (6) The contribution by one spouse to the education, training, or increased earning power of the other spouse; (7) The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child; (8) The standard of living of the spouses established during the marriage; (9) The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs; (10) The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support; (11) The property brought to the marriage by either spouse; (12) The contribution of a spouse as homemaker; (13) The relative needs of the spouses; (14) The federal, State, and local tax ramifications of the alimony award; (15) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper. (16) The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property. Take a look at § 50-16.1A also, where they define Marital Misconduct. Some may be of the opinion that alimony in NC is partly about punishment. (3) "Marital misconduct" means any of the following acts that occur during the marriage and prior to or on the date of separation: a. Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse; b. Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought; c. Abandonment of the other spouse; d. Malicious turning out-of-doors of the other spouse; e. Cruel or barbarous treatment endangering the life of the other spouse; f. Indignities rendering the condition of the other spouse intolerable and life burdensome; g. Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets; h. Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome; i. Willful failure to provide necessary subsistence according to one's means and condition so as to render the condition of the other spouse intolerable and life burdensome.