Study: Few Have Rainy Day Savings

Considering the fact that financial issues are a significant cause of stress on the family, I thought the following article, recently published at msnbc.com provided some very useful information.  It is republished below:

Most Americans have no emergency savings, a new survey shows. The findings are consistent with a host of other surveys and government data that chronicle Americans' abysmal savings rate and, more important, our lack of preparedness for life's unexpected events.

Released Monday at a press conference designed to call attention to "America Saves Week," the survey by the Consumer Federation of America and other consumer agencies indicates that only 40 percent of adult Americans maintain separate emergency savings accounts. And about one-third of those savers have set aside less than $2,000 for that inevitable rainy day.

Even $2,000 is considerably less than the 3- to 6-months of living expenses that most personal finance advocates recommend as an emergency kitty. Coincidentally, it is exactly the amount Hurricane Katrina victims received in "expedited assistance" aid from the federal government in the days after the storm. Thousands of victims didn't get the benefits because of computer glitches and other technicalities, and many of them were left with nearly no means of support after their homes and jobs were washed out by the storm. The Katrina aftermath shined a harsh light on the financial preparedness of many American consumers.

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This Week in Missouri Family Law

Conduct During Marriage Influences Judgment
Wife's inability to support herself due to health problems and lack of skills supports award of maintenance. Evidence of Wife's resources, from later hearing on attorney fees, is no basis for reversing Circuit Court's award of maintenance. Husband's use of resources, including extramarital affair, supports division of property and allocation of debt to him, and does not bar an award of attorney fees to Wife.
Pamela J. Russum, Respondent, v. Gerald E. Russum, Jr., Appellant. Missouri Court of Appeals Western District

No Prejudice Need Be Shown On Departure From Statutes
Circuit Court accepted into evidence an amended social report from Children's Division to replace that filed originally with the petition. But Circuit Court never met with Juvenile Officer after filing of petition to assign report. Failure to strictly comply with statutes on termination of parental rights is reversible error, and "a parent facing termination bears [no] burden of establishing prejudice."
K.L.W., S.F.W., and L.S.W., In the Interest of. Missouri Court of Appeals Eastern District

Source for Post:  The Missouri Bar

Entering rehab can bolster Britney Spears' bid for custody of children, lawyers say

LOS ANGELES (AP) — Britney Spears' decision to check into rehab could help her in court as she to tries to retain custody of her two young children with estranged husband Kevin Federline, according to family law attorneys. That is, of course, if she actually completes a rehab program.

When Spears checked into Promises Malibu drug and alcohol rehabilitation center Thursday, it was said to be the third time in a week she has checked into a rehab center.

"It actually may reflect well on her that she's now gone back, if she stays and sees herself through the program," said Jason Adess, a family law attorney in Chicago. "That way she can present to the court that she has an issue, she has acknowledged the issue, she has gotten help and now she is able to resume primary custody of the children."

Spears' manager, Larry Rudolph, confirmed in an e-mail to The Associated Press on Thursday that Spears is in the Malibu center. He provided no further details.

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Kevin Federline to appear at Los Angeles courthouse for emergency hearing

LOS ANGELES (AP) — As Britney Spears was checking out of rehab for the second time in a week on Wednesday, her estranged husband was making plans to go to court amid a custody dispute over their two children.

Kevin Federline and his lawyer were scheduled to appear at a downtown courthouse Thursday for an emergency hearing, Superior Court spokesman Allan Parachini told The Associated Press. It was not known what issue Federline planned to raise.

Federline and Spears have two sons, 5-month-old Jayden James and 17-month-old Sean Preston.

"Our best information is he will be here; she won't," said Parachini. "But anything is possible."

Federline filed papers seeking spousal support and sole custody of the children after Spears sought to end their two-year marriage last November. A temporary court order issued Feb. 1 granted the couple joint custody until the end of this month.

article published by www.courttv.com

Parachini said Federline's lawyer would try to persuade a Superior Court commissioner that the matter is urgent enough to be handled on an expedited basis.

Divorce Debts and Bankruptcy

Bankruptcy treats debts that were incurred in the course of a divorce or legal separation differently than run of the mill third party debts. The most common kinds of debts incurred during divorce are 1) the obligation of one spouse to pay the other a sum of money in connection with division of the marital property; and 2) the obligation to protect the other spouse from the debts to third parties awarded to the debtor for payment.

Section 523(a)(15) of the Bankruptcy Code makes debts incurred in divorce non dischargeable in Chapter 7 and Chapter 11 cases. Gone, in the amended bankruptcy code, is the provision that called for a weighing of the hardships that discharge might impose on the non debtor spouse. Such debts are now flat-out non dischargeable.

The distinction to be noted is that the debtor can discharge the obligation to Big Credit Card Company, awarded to him for payment in the divorce, but he can’t discharge his obligation to his ex to hold her harmless should Big Credit Card Company sue her for the debt.

In Chapter 13, however, those debts are dischargeable, without debate.

In every chapter in the bankruptcy code, spousal support, alimony and child support are non dischargeable.

Source for Post: Bankruptcy Law Network and Moran Law Group

This Week in Missouri Family Law: More than one incident was at issue supporting termination of parental rights

Mother's inability to discipline children appropriately, or protect them from Father's abuse, supported a termination of her parental rights under provisions related to abuse, neglect, and failure to rectify. Her repeat conduct after parenting classes was not a single incident, but was one of many and showed a failure to rectify. Evidence, including Children's improvement after separation from parents, supported finding that termination of parental rights was in Children's best interest.
In the Interest of F.C., M.C., and D.C., P.C.(S). Appellant, v. Missouri Department of Social Services, Children's Division, Respondent. Missouri Court of Appeals Southern District

Source for Post:  The Missouri Bar

This Week in Missouri Family Law: Father's failure to rectify conditions that supported termination of rights

 
Father's continuing life of professional crime, romantic relationship with a 14-year-old, and uses of pornography supported Juvenile Court's judgment that Father had failed to rectify conditions and that termination of Father's rights was in Children's best interest.
In the Interest of K.A.W. and K.L.W. Children under Seventeen Years of Age. Greene County Juvenile Office, Petitioner/Respondent v. P.A.W., Respondent/Appellant. Missouri Court of Appeals Southern District

Source for Post The Missouri Bar

New Missouri Blawg for Intellectual Property

I ran across this new blog yesterday which looks like a great resource for individuals and small businesses with intellectual property issues.  It is published by R. Scott Kimsey of Kimsey Patent Services in Boonville, Missouri.  Check it out at patentnotes.wordpress.com/

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