Category Archives: Family

People involved in contentious family law proceedings need to proceed cautiously …. They believe that mediation is only effective in family law cases under the..Family law news and headlines from around the web.

Airbnb takes San Francisco to federal court over short-term rental law

Taryn Phaneuf Jun. 30, 2016, 8:48pm

SAN FRANCISCO – Airbnb has sued the city and county of San Francisco over a law that puts companies like it on the hook if they promote short-term housing rentals by a host that hasn’t registered with the city and county.

“As the ordinance’s own sponsors have described it, the ordinance holds ‘hosting platforms accountable for the hundreds of units (rented by) unscrupulous individuals’ posting listings on their websites,” the court complaint reads. “As such, the ordinance unquestionably treats online platforms such as Airbnb as the publisher or speaker of third-party content and is completely preempted by the CDA.”

In 2014, San Francisco began requiring residents who rent rooms or entire homes to tourists through websites like Airbnb, VRBO and HomeAway to register. But enforcement has been an issue: Only about 1,400 of an estimated 7,000 hosts had registered more than a year later. The San Francisco Board of Supervisors passed an amendment June 14 requiring websites to vet local listings and only post those whose hosts are registered. It fines companies if they don’t comply with the law.

Airbnb opposed the addition to the law and now has officially challenged it through a lawsuit filed in U.S. District Court in San Francisco, claiming it violates Section 230 of the Communications Decency Act of 1996, which protects online services that publish third-party content from being held liable for the speech and actions of others.

Full Article – http://norcalrecord.com/stories/510941383-airbnb-takes-san-francisco-to-federal-court-over-short-term-rental-law

A Look at How Social Media is Impacting Divorce Cases

06/23/2016 11:40 am ET | Updated 6 days ago

William Morrow Internet Marketer, Link Builder, Blogger, Entrepreneur, Content Marketing Strategist at SEO POW LTD

Most people with a smartphone are constantly tapped into some form of social media. Sharing cute pictures of kids and pets is simply a routine part of life these days. Some people even use social media to vent frustrations or look for advice.

In a divorce case, however, shares on social media can create ample evidence that can be used against one or both parties to affect alimony, child support, child custody, and more.

Email and Text Messages

Email and text messages are admissible in court and can even be subpoenaed. If one party in the marriage reveals something about a new job or an upcoming bonus that hasn’t been revealed in court, this can be used as evidence that the person isn’t being honest in his or her financial declarations.

Someone once claimed in court that he didn’t have a job, yet he posted about his job online (along with the expensive vacations he took with his girlfriend). With this evidence in court, his request for alimony was denied.

Lawyers advise people to keep all written communication free of sensitive information during a divorce. If you wouldn’t want a judge reading it, don’t write it – anywhere.

Finances
Most people don’t list their income on social media, but they find plenty of other ways to brag about their financial prosperity. If someone claims a low income to avoid high alimony or child support payments but posts pictures of expensive vacations or purchases, this can be used against him or her in court.

Even when a spouse is blocked from seeing his estranged wife’s social media, he can still often see what her friends are posting. If she goes on an expensive vacation with a mutual friend and that friend makes a post about the trip, the spouse can use this evidence to prove that his wife isn’t being honest in her finances.

Ben Carrasco, a divorce attorney in Austin, Texas, reports once using a LinkedIn profile to show the existence of a side business (another source of income) that a party had not disclosed in discovery. This information helped his client secure more child support than she would have otherwise received. “It’s amazing the wealth of information now at our fingertips in a divorce case” says Mr. Carrasco. “What would have once taken weeks of research to discover, if at all, can now be found in the click of a mouse”.

Dating Sites
Creating a profile on an online dating site before a divorce is finalized is foolish. Not only does it show evidence of potential cheating, but most people present themselves differently in an online profile than they do in person. If someone is caught saying something different on a dating site than is said in court, it can lead to problems in the divorce case.

Child Custody
Social media reveals what people are doing, where they’re doing it, and when it’s happening. If a mother is working through a child custody case, but posts pictures that show she was drunk when she should have been watching the children, a judge may rule that the children will not be properly cared for by her.

If one party is supposed to be searching for a job, but posts pictures and status updates that reveal he’s playing video games all day, the judge may rule harshly on alimony and child support decisions.

How to Prevent Negative Effects From Social Media
The best thing to do to avoid social media ruining any portion of a divorce case is to simply stop using it. Many people may be tempted to actually delete their accounts and scrub their online lives. However, once litigation has begun, social media becomes evidence. Deleting accounts is actually a destruction of evidence and can cause a lawyer to be sanctioned.

Full Article – http://www.huffingtonpost.com/william-morrow/a-look-at-how-social-medi_b_10633940.html

Conn. Court Ruling Makes It Easier to Increase Child Support Payments

Decision makes it easier for former spouses to claim higher payments

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Ben Affleck And Jennifer Garner Marriage: Couple Is Not Calling Off Divorce

Ben Affleck and Jennifer Garner are continuing with plans for divorce.

By Lindsay Cronin, EnStars on Jun 09, 2016 11:07 AM EDT

Ben Affleck and Jennifer Garner aren’t getting back together after all.

Although the former couple has been spending tons of family time with their children, daughters Violet, 10, and Seraphina, 7, and son Samuel, 4, a source has since confirmed they have no plans to reunite romantically.

“She seems adamant about going through with it,” a friend of the actress toldPEOPLE Magazine on Thursday.

Currently, Garner is in Los Angeles with her kids as they prepare for the end of school and Affleck, who is in the midst of production on The Justice League, has returned to London from L.A., where he recently appeared at the Spike Guys’ Choice Awards.

Garner “denies that she is back with Ben,” the friend added. “She actually almost laughs when asked.”

As for when she and Affleck will officially end their marriage, it may be a while as Garner reportedly “doesn’t seem to mind at all that it’s not finalized.”

Months ago, Garner spoke out about the end of her relationship and Affleck’s alleged affair with their former nanny, Christine Ouzounian.

“I didn’t marry the big fat movie star; I married him,” Garner revealed during a candid interview with Vanity Fair in February. “And I would go back and remake that decision. I ran down the beach to him, and I would again. You can’t have these three babies and so much of what we had. He’s the love of my life. What am I going to do about that? He’s the most brilliant person in any room, the most charismatic, the most generous. He’s just a complicated guy. I always say, ‘When his sun shines on you, you feel it.’ But when the sun is shining elsewhere, it’s cold. He can cast quite a shadow.”

“We had been separated for months before I ever heard about the nanny,” Garner continued. “She had nothing to do with our decision to divorce. She was not a part of the equation. Bad judgment? Yes. It’s not great for your kids for [a nanny] to disappear from their lives.”

Sourced From – http://www.enstarz.com/articles/163005/20160609/ben-affleck-and-jennifer-garner-marriage-couple-is-not-calling-off-divorce-video.htm

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