Preference Theory

I just finished reading a fascinating article on gender inequality by Catherine Hakim of the London School of Economics. The bottom line is that:

“Preference theory predicts that men will retain their dominance in the labor market, politics, and other competitive activities, because only a minority of women are prepared to prioritize their jobs (or other competitive activities) in the same way as men. In the long run, it is work-centered people who are most likely to become high achievers in demanding occupations (Hakim 2006).”

It seems that sociology is picking up on Warren Farrell’s message on why men earn more.

Hakim goes on to write: “It is time to accept that the equal opportunities revolution has served its purpose, and the feminist goal of 50/50 sex ratios in all occupations and jobs is unrealistic, given the diversity of tastes, values, and preferences among men and women. Social engineering attempts to impose identical outcomes and eliminate occupational segregation completely cannot succeed, being based on selective research evidence and incorrect assumptions.”

Sample Discovery Request

Several readers seem to be searching for examples of discovery document requests that you can use when you are representing yourself (i.e. you are a pro se litigant).  

As an illustration for those seeking to prepare their own discovery requests, I thought I would like to post an example that I used in my own case. The file link below will connect to a PDF document that contains some pretty standard requests for documents. This is officially known as a Request for Production (or RFP).

generic-rfp

When you examine the list of items requested you can see that document production can eat up a lot of time. This is also why it is important to keep detailed records during your divorce and why you should try to settle your case before it reaches the discovery stage.

In addition to production of documents, discovery includes interrogatories (a set of twenty questions) and depositions (sworn testimony from witnesses and both parties that can be introduced in court). Depositions are a great way for attorneys to produce billable hours.

Usually, the court will indicate when any discovery must be completed. In my case, the opposing attorney just ignored my requests for documents. The discovery commissioner who is meant to handle discovery disputes never returned my calls and the office seemed mostly empty.

A motion was then generated requesting the court to order the production of the requested documents.  The opposing attorney claimed I had not produced all of my documents and he had not realized that I was representing myself- the court, in all its wisdom, then postponed the trial another six months.  

In hindsight, I’m not sure how much hope you can pin on the discovery process. It is costly and time-consuming to enforce compliance even for information that you know exists. If the other party decides to lie about the existence of documents then it is unlikely you will ever obtain them. The penalties for non-compliance seem almost farcical. 

Powerless Fathers

Glenn Sacks reports on the case of a UK judge who concludes that fathers are powerless against vengeful mothers (originally reported in the UK’s Daily Telegraph).

The man’s 14-year-old daughter, who cannot been identified, had been influenced by a “drip, drip, drip of venom” from his ex-wife, who wanted to deny him his paternal rights.

Lord Justice Ward said the case was bordering on the scandalous but the court was compelled to act in the interests of the child.

Because of her mother’s “viciously corrupting” influence, it would cause the teenager too much distress if she spent time with her father, he said.

In London’s Civil Appeal Court, Lord Justice Ward said: “The father complains bitterly, passionately, and with every justification, that the law is sterile, impotent and utterly useless.

”But the question is ‘what can this court do?’ The answer is nothing.”

This generated some sad tales and interesting perspectives on Sacks’ blog, including this one by Tim O’Brien:

You’re saying that it’s too hard and too traumatic to change custody for that kid. So you’re saying that the status quo — living with a mom who ONLY puts her own needs above her child — is somehow better?! In the short term, yes it’s incredibly difficult, but in the long term all you’re doing is putting off this kid dealing with her mother’s abuse until she’s 30.

Just because it’s hard doesn’t mean it’s wrong.

And also, had they upheld the law early on, the situation wouldn’t be as dire as it is. The reason these women interfere with custody is because THEY KNOW there will be no consequences, no risk.

and this disturbing tale by stillsober34:

The mother of my child made many false accusations and alleged that I was a drunken, doped up father, incapable of taking care of my child 7 years ago. With an ex-parte court appointment (that I was never aware of), she gained temporary sole physical custody that was to return to normal “visitation” after several “supervised visitation” visits and a drug assessment for both parents. I complied, paid the fees to do supervised visitation as ordered, but the ex simply refused to participate. I tried using the “self help” window available at the family court house, but it is somewhat useless. I had no money for a lawyer because of overwhelming child support payments and a low income. I did what I could and sent letters, and made lots of calls to try and talk to both the Ex, and my child, but the letters and calls were never returned. Six years later, I managed to make enough money to pay off the back child support arrears, amounting to about $6,000.00. The ex immediately took this money, hired another lawyer and had her new husband file a petition to terminate my parental rights (to adopt my child) for the reason that I haven’t tried to contact my child in the last twelve months. It didn’t occur to me to send the letters certified, so I have no proof. The judge dismissed the petition initially, but the ex and her attorney demanded a full trial. Now, after 11 months of therapists, evaluators, and court dates for trial pushed out 5 times, I still have the burden of proof to say I tried to contact my child, when all this time she was kept from me. I am now in debt for another $16,000.00 for all of this, and my now 12 year old daughter hates my guts because all she knows is what her mother has told her. I have a therapist interviewing everyone involved to try to prove my child was alienated, but I don’t seem to be getting anywhere. Even if I “win” and manage to keep my right to be a Father intact, I face the overwhelming task of regaining the love and trust of my child. I love my kid, but I wish that I had never procreated in the first place. My life has been one of poverty, pain and hell for 8 years now. People wonder why Fathers are angry? It is difficult to continue to fight the good fight and remember the reasons for it. How many Dads just give up the fight, knowing they can’t win?
Like it or not, the feminist machine is wrong. Parental Alienation is real. Look up “Malicious Mother Syndrome”, it reads like a resume for my ex wife. No feminist knows the real pain of continuous grieving for a lost child. I am not even allowed to tell my child the truth (provided I could even speak to her). There is no Patriarchy. It has been dead a long time, and just like Elvis, no matter how many times it is mentioned, it isn’t coming back to life. Welcome to the MATRIARCHY gentlemen. What now? How much pain can we take before justice is served?

The COPE Class

Unless excused by the court, parents in Clark County Nevada have 45 days after the filing of a divorce complaint to attend a mandatory COPE (”Helping Children Cope with Divorce”) class.

The class itself costs $40, lasts for about 3 hours, and is usually held at a public library. See Palo Verde Child and Family Services Inc. for more information. You can pre-register or walk in. They take cash or money order and you will need a photo ID to confirm your identity. At the end of the course you will receive a certificate of completion that you can show the court as evidence of completion.

Topics include: 

 

• How families experience divorce
• Typical reactions of children
• Developmental needs of children
• Skills that help children cope
• Pitfalls to avoid

In my experience, the seminar gave some nice information on the psychological reactions of children to divorce (at different ages ranging from toddlers to teenagers) and how parents must work together to mitigate the negative effects of divorce.

I specifically pressed the presenter on how to deal with an ex-spouse with borderline personality disorder who is intent on alienating the other parent. Her response was that unless the other parent sees the “big picture” that working together is in the best interest of the child then there is little that can be done. The presenter had no strategies on how to counter parental alienation tactics.

Unfortunately, until the courts start to see parental alientation as a form a child abuse and shared parenting as the norm, children will continue to be psychologically harmed by divorce.

 

 

Bifurcation and Community Property

An interesting difference in divorce laws between California and Nevada is the treatment of community property. In California, accumulation of community property occurs when the petition for divorce is filed. In Nevada, community property continues to accrue until:

a) the final decree of divorce is signed by the judge

b) the parties stipulate (agree) to stop the accumulation

c) the judge orders a bifurcation

Bifurcation is the term used to separate the issues in the case. For instance, the judge can grant the divorce (thus ending community property) but defer ruling on property and alimony issues. Curiously, judges in Nevada hardly ever do this.

Why is this important? In my case, my 401k continued to appreciate for over two years before the accumulation ended - providing tens of thousands of dollars to my ex. Conversely, my house price fell $100,000 in two years and the loss was split equally.   

In this case, I think California has it right!

Billable Hours

This pretty much sums up why you do not want to engage in litigation of any sort (Hat Tip to Law Blog):

If you hire me, I promise that my billing system will reward me for solving your problems at the slowest possible pace, with as much duplication of effort as possible, and where I will face economic penalties for exercising any judgment that limits or focuses our work. I will, under this system, have strong incentives to embrace any opportunity to engage in discovery wars where the work is the easiest and the financial rewards are the greatest. And you can be assured that every member of my team will have a real financial inducement to exaggerate the amount of time they devote to every task.

Some more good advice on choosing an honest lawyer in a divorce can be found here. But even if your lawyer is reasonably honest, it only takes one unscrupulous lawyer to drive up fees on both sides…

 

Alimony in Nevada

Alimony (often known as spousal support or spousal maintenance) is alive and well in Nevada. Unlike other states, there is no statutory formula for calculating alimony in Nevada - meaning its all up to the discretion of the judge and represents a huge fee generating opportunity for lawyers.

There was an attempt to devise a alimony formula in 1997 (known as the Tonopah formula). The formula takes into account the marriage duration and lower earning spouse’s education, disability status, and age.  The calcuation can range from 0% to 50% of the difference in incomes (after deducting child support), increasing with a longer marriage, older spouse, more disability, and less education. In their wisdom, however, the Nevada Supreme Court has banned family court judges from using the formula to determine alimony.

The result is a list of “factors” to be weighted. The factors vary from case to case and even the same factors have been given more or less weight in different cases. Thus, the judge must weigh each of the relevant factors in determining an alimony award and duration.  These factors include:

• age and health of the weaker party (usually the wife)
• property/assets of the wife
• whether wife contributed to the development of the husband’s career
• husband’s income
• wife’s premarital job training
• wife’s job and income potential
• kids
• marriage duration

The wife can also be awarded “rehabilitative” alimony to enable her to train to re-enter the workforce. Alimony can also be awarded indefinitely (although this seems to be getting rarer).  Alimony is also taxable to the recipient and tax deductible by the payer (actually lowering your adjustable gross income).  

In my experience, much money can be saved by agreeing to use the Tonopah formula and moving on. Litigation over alimony is costly (to gather evidence on all the factors) and the outcome is extremely uncertain because the judge can rule in almost completely arbitrary manner (and doesn’t have to justify his or her decision). Unfortunately, many lawyers like to tell their clients they can get a much better deal than the formula (my ex was given a number almost double that of the formula and eventually received about 50% more at great cost to us both). My advice go with the formula or something close and get a stipulation (agreement) in writing filed with the court ASAP.

Personally, I believe that alimony is simply “child support for adults” and, except for a few extreme cases, has outlived its used-by date.  

Stop Loss

I went to the movie Stop Loss last night. One of its messages was how the army uses the full power of the state to coerce soldiers into serving another tour in Iraq.Basically you sign a contract to serve 5 years and then the President tells you you can’t leave and have to take another tour of duty. If you refuse you are branded a fugitive - the only option being to flee to Canada or Mexico.

In my mind, non-custodial fathers are in exactly the same position. A parenting or divorce agreement can be changed at any time and if you rebel you get slapped down by the full force of the system. Except you can’t flee to Canada because they have the same system!

I had visitation built into a parenting plan and final decree but the judge refused to enforce visitation because in her words, “they are old enough to choose if they want to see you”. So much for all the courts BS about mediated parenting plans etc. Of course, deciding not to pay child support would result in all sorts of penalties, including imprisonment.

Pre-Trial Discovery

According to Wikipedia: discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for production and depositions. The US is unique among common law countries in having a discovery process.

In family court in Nevada, the judge will set a trial date and a discovery cut-off date once the parties indicate that they cannot reach a settlement (via a joint conference report). The trial may occur as far out as 6 months or more from the date of the joint conference report and discovery may end only 14-30 days before trial. Both sides then have this period to conduct discovery. The nominal purpose of discovery is to collect facts to build a case for trial.  In practice, discovery can become very expensive.  As Wikipedia states: The use of discovery has been criticized as favoring the wealthier side, in that it enables parties to drain each other’s financial resources in a war of attrition. For example, one can make information requests which are expensive and time-consuming for the other side to fulfill; produce hundreds of thousands of documents of questionable relevance to the case; file requests for protective orders to prevent the deposition of key witnesses; and so on.

The major forms of discovery are: request for production of documents (RFPs), interrogatories, and depositions. Basically, each side can ask the other side to produce any document they wish (including electronic documents), can ask up to 20 questions, and conduct sworn interviews of witnesses that are recorded and can be produced as testimony at the trial. You are required to make your best efforts to provide documents, answer questions, and attend depositions. In theory, the court can fine a party for not responding to discovery requests (without very good reasons). The Nevada courts even have a discovery commissioner to hear complaints.

I say “in theory” because things work very differently in practice. I prepared my own RFPs and interrogatories using Bender’s Forms of Discovery to save on legal fees (even lawyers don’t make up their own discovery requests - they consult this manual). After 3 months, I received no response from her attorney and the discovery commissioner’s office never returned my calls.  With only 14 days to trial, I filed a motion (on an order shortening time) before the judge requesting that the opposition be found in contempt for not responding to ANY of my discovery requests.  The judge refused to hear the motion before trial. The opposition then filed a motion (on an order shortening time) requesting that the trial be delayed because I did not respond to THEIR requests (despite the fact they had received hundreds of pages of information from me). The judge granted their motion (forcing me to cancel an overseas business trip to attend the hearing) and delayed the trial another six months. My sin was not including monthly payslips from 4-5 years ago because our HR system did not have data going back that far. The judge determined that I did not make my best efforts to get the information (despite including five years of W-2 and 1040 tax returns). So, I was admonished despite the fact they had given me NO information.  They were not penalized in any way and I was ordered to continue paying 90% of my income in temporary support for another six months until the new trial date.

BOTTOM LINE:

1. Discovery requests are easy to make by using Bender’s Forms of Discovery.

2. Discovery can be very costly (particularly depositions where you must pay for your lawyer to sit through the testimony and a court reporter).

3. The court may decide your best efforts to get information are not your best efforts and fine/penalize you as it sees fit

4. The court may allow the opposition to delay and withhold information without penalty.

The Dissident Feminist

An interesting discussion over on Glenn Sacks’ blog where two pro-feminist males have agreed to a civilized debate with men’s rights activists.