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Fraud May Bring Feds Millions from Forbes Divorce

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The divorce between Walter Forbes and his ex-wife Caren could be worth billions... for the government. The AP reports that a new divorce decree issued by Bridgeport Superior Court Judge Howard Owens orders that the former Mrs. Forbes must transfer ownership of the couple's homes in Connecticut and Wisconsin back to Mr. Forbes as well as half of their jewelry and art collections.

What does this mean? It means that anything under the former Cendant Corporation Chairman's name is probably going to end up going to the government. According to the Connecticut Post, Mr. Walter Forbes was convicted of securities fraud charges back in 2007. As a result, he was sentenced to 151 months in federal prison as well as a restitution payment of $3.275 billion. USA Today reports that the accounting fraud occurred during the 1990's.  

The McCourt Divorce, the Dodgers and Marital Assets

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The divorce proceedings between Dodger's owner Frank McCourt and his soon to be ex wife Jamie McCourt have been... well, dodgy.

There are reports that Frank has fired his wife and called her an adulteress while she has claimed rights for spousal support that are worth more than some of the team's star players.

Jamie McCourt filed for divorce proceedings shortly after her husband Frank McCourt fired her from her post as Chief Executive of the team under the accusation of insubordinate behavior. She also claimed half ownership of the Dodgers as well as half of the couple's $1.2 billion dollars worth of assets.

Legal Joint Custody for Levi Johnston?

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Levi Johnston, the man who fathered former Alaska Governor Sarah Palin's first grandchild, Tripp, is planning to seek legal joint custody.

According to People Magazine, Johnston, 19 claims that Sarah Palin and the rest of the family are making it difficult for him to see his 10 month old son Tripp.

He told Insider: "It's not working. I'm done. It's going to have to go to court. They just finally pushed me over the edge."

Levi's situation is not too different from many Americans. From Jon and Kate's problems to Sandra Bullock's own child custody dilemma, we all have questions that we need to ask our family attorney if we are going through some family changes such as a divorce.   

Here are some major questions you should ask your attorney.  

Divorce Alimony Reform: A Necessary Evil?

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More and more baby boomers are facing a whole new problem during the economic downturn: ex spouses from the past asking for alimony payments or asking for an increase in alimony.

A lot of people are questioning the fairness of this system.

The Wall Street Journal  reports: "Now, the idea that a husband should continue to support his wife forever, even after the demise of their marriage--long a bedrock of divorce law--is being called into question. Pressures are mounting to change a practice that some see as outdated and unfair."

However, husbands are not the only ones who can be on the hook for alimony. Sometimes if the wife is making more than her husband at the time of divorce, she can be required to pay him alimony.

Abortion in Oklahoma: Restraining Order Upheld

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In our ongoing reports on a new law in Oklahoma that would make public certain details of women who undergo abortions, there is an update on the restraining order that was issued in order to halt enforcement of the law.  The state was unsuccessful in its attempt to compel the court to dismiss the temporary restraining order.  Oklahoma County Judge Twyla Mason Gray's denied the state's bid to begin complying with the state bill, Oklahoma House Bill 1595.

Top 10 Scary Legal Myths

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MYTH: You have to be over the legal Blood Alcohol Content (BAC) limit in order to be charged with Driving Under the Influence.

FACT: In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people get to this point before they are at the BAC limit, which is now .08% in all states. That means that someone who is not at or above the legal limit can still be charged with a DUI if their ability to operate a motor vehicle has been impaired.

MYTH: A written contract can't be broken.

FACT: Actually, parties can get out of written contracts in many ways. For instance, if the contract wasn't created adequately, courts will declare it not to be binding. Also, a contract is unenforceable when the terms are unconscionable - in other words, when the contract is patently unfair to one of the parties. The actual terms of a contract might also contain conditions under which the contract will be dissolved.

MYTH: If someone breaks into your house, you have the right to use lethal force against them.

FACT: While most jurisdictions protect a homeowner's right to defend their family and their property, not all that do allow the homeowner to use lethal force. Moreover, even jurisdictions that do allow for the use of lethal force require that the homeowner reasonable believed that the intruder meant to inflict death or serious bodily injury on them or their family.

MYTH: An error on a traffic ticket voids the ticket.

FACT: This isn't usually the case. For minor errors, there are administrative procedures that courts can use to modify information entered on a traffic ticket.

MYTH: If the police don't read a person their Miranda rights when arresting them, they can't be convicted of the crime.

FACT: We all know that police are supposed to advise an arrestee of their right to remain silent and their right to an attorney, but the failure to do so won't result in the case against the arrestee being dismissed. Instead, a judge might not allow any statements the arrestee made while in police custody to come in as evidence against them. This might make it harder to convict the person, but they could still be found guilty if there is sufficient alternative evidence.

Marriage and Money: Prenuptial Agreements and Beyond

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Love may make the world go 'round but it does not promise to keep a marriage intact. The statistics about marriage may surprise you.

The New York Times reports that the risk that any marriage will end in divorce is about 45 percent, according to David Popenoe, a professor of sociology emeritus at Rutgers University. The chances fall to about 40 percent for first marriages and decline further for college-educated couples, people from intact families and couples who share the same religion.

One way to ensure that you don't end up a sad statistic? Try having a chat about important financial issues before you tie the knot.

Here is a list of money topics you need to know:

Jon and Kate: The Money's Back, The Lawyer's Gone

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Answering a judge's demand that money missing from a joint bank account with his wife be returned, Jon Gosselin reportedly replenished the absent $180,000 this week.  Somehow, however, his divorce lawyer went missing in the process.  Gosselin's Pennsylvania attorney, Charles Meyer, successfully petitioned the court to cease representing Jon.

Can an attorney withdraw from a case?

Siblings Who Were Caged Sue Adoptive Parents in Court

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You may remember hearing about an Ohio couple in the news in 2005 who was discovered to have been forcing their 11 adoptive children to sleep in cages.  The couple was convicted of criminal charges including child endangerment and child abuse and each is serving a two-year sentences in state prison. 

The two oldest adoptive children, have brought a civil suit against the couple for abuses sustained during the 10+ years they were in the care of Michael and Sharen Gravelle.  Charges include negligence, recklessness, wanton misconduct, and deprivation of rights and the lawsuit seeks at least $50,000 per count to pay for therapy, education, and other compensatory and punitive damages.  The lawsuit also names social workers and the Hamilton County Department of Job and Family Services in Cincinnati as defendants.

Update: Oklahoma Abortion Law Temporarily Restrained

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We posted earlier about the new Oklahoma abortion law that would require posting of details of women who have abortions in the state on a public website.  The information posted online would include date of abortion, age, education, marital status and race of the mother, among other details.  The new legislation was challenged in a lawsuit brought by two women alleging violation of the Oklahoma state constitution.

It was enough to give the presiding judge reason to halt enforcement of the controversial new law.