Stevens Firm - April 2018

Stevens Firm - April 2018

What Matters Most

THE Stevens Firm, P.A. Family Law Center

349 E. Main Street, Suite 200, Spartanburg, SC 29302 • www.SCFamilyLaw.com • (864) 598-9172 April 2018

The International Academy of Family Lawyers

How My Fellowship Benefits My Clients

As an attorney, I’ve been presented with many resources and opportunities over the years to deepen my understanding of family law. Although these are valuable opportunities for me, I consider it my responsibility to take advantage of them, because they will benefit my clients. One of the more recent and rewarding opportunities I’ve had was to become a fellow The IAFL is a worldwide association of attorneys who are recognized by their peers as the most experienced and skilled family law attorneys in their respective countries. These attorneys deal exclusively with issues in family law, including child custody, divorce and dissolution of marriage, child abduction, financial disputes, and forced marriages. Dealing with these types of cases can be tricky, especially in an international setting, but the IAFL provides members with resources to handle these complex cases. The IAFL began in 1986, and over the years, it has accumulated 760 fellows in 57 countries. An impressive 310 of these fellows reside in 39 states. I am fortunate to be one of only six IAFL Fellows in South Carolina, and I am the only one upstate. The IAFL is made up of four chapters: U.S.A., Canada, Europe, and Asia Pacific. As a fellow, I have access to family law specialists in every chapter around the world should the need arise for any case that I handle. In addition, the IAFL hosts conferences all over the world, which allows my associates and in the International Academy of Family Lawyers (IAFL.com) a few years ago.

me to meet and network with attorneys from across nearly every continent. When we handle family law cases in state court, they can sometimes take several months to resolve fully; however, certain international family law cases can be handled in federal court, which moves the case along at an accelerated rate. Getting to the heart of the matter quickly and fully understanding all the options under the laws of the countries involved is a necessity, not a luxury, in these cases. Having the resources and network of attorneys that the IAFL provides thus becomes an invaluable asset for our clients during their time of need.

Because I am a fellow, I am able to keep up with important changes in international family law through online resources and in-person conferences. I also have access to family law specialists in countries all over the world who are ready and willing to assist with our clients’ needs, so I literally have access to global resources to enable me to better serve my clients in their family law cases.

If you have questions about international family law, or if you may become involved in a case that might involve international issues, please contact my office at 864-598-9172.

Ben Stevens

Reminder About Our Firm’s Communication Policy Our promise to you is that while we are working on your case, we don’t take inbound phone calls, faxes, or emails. Our senior partner, Ben Stevens, takes no unscheduled inbound phone calls, as we have found this makes himmuch more productive and enables him to focus on getting your case resolved faster. You can always call our office at (864) 598-9172 and schedule an in-person or phone appointment with any of our attorneys, usually within 24–48 hours. We believe this approach is much better than the endless game of phone tag played by most businesses today. Email is also an efficient way to communicate with us, but please be advised that

emails are not typically checked more than twice per day. If you need something quickly, don’t email — call our office and speak with one of our assistants, who will be happy to help you. Disclaimer: This publication is intended to educate the general public about family law issues. It is not intended to be legal advice. Every case is different. The information in this newsletter may be freely copied and distributed so long as the newsletter is copied in its entirety and proper credit is attributed to “The Stevens Firm, P.A. — Family Law Center (SCFamilyLaw.com).”

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Searching for Spring Spring is in bloom, and there’s no better time to get some fresh air. If you are looking for a way to get your family outside and away from their screens, why not plan a spring-themed scavenger hunt? More than just a fun way to spend the afternoon, scavenger hunts build problem-solving skills, encourage teamwork, and get your family to exercise their minds and bodies. Here are some tips on how to plan a memorable family scavenger hunt.

older, responsible sibling on each team to make sure everyone stays safe and follows the rules. TAKE PICTURES Since everyone has a camera on their phone, why not use it? By taking pictures, you don’t have to worry about losing anything you find, and your teams can more safely collect certain items. For example, bird feathers are a great item for a spring scavenger hunt, but you don’t want your kids to touch them. Make a rule that a team member must appear in every picture so no one can cheat by finding photos online. Family Scavenger Hunts Made Easy CUSTOMIZE YOUR LIST There are plenty of scavenger hunt lists online, but it’s more fun to brainstorm with your family. Have everyone think of three to five spring- related items, like yellow flowers, a kite, or a rabbit-shaped cloud. Do some research into your local flora and fauna. If you put a bluebird on the list, you might want to make sure there are bluebirds in your area. DON’T FORGET THE PRIZES! Prizes don’t have to be elaborate to be fun. It can be something simple, like Popsicles or fake medals, or maybe the winning team gets to pick a restaurant for dinner. Scavenger hunts are one of the best ways to create lasting family memories this spring without breaking the bank. Just get your list, gather your family, and have fun. Happy hunting! of social media can be very casual, and because contacts are labeled “friends,” it’s easy to forget that they are really your audience. Some people may be watching for posts to print or screenshot to hold for leverage later. Once litigation begins, parties are barred from deleting any evidence related to the action pending in family court. Therefore, the best advice for family court litigations is to make sure your passwords are changed, your social media accounts are private, and your friend lists are actually friendly. While it’s true that social media can cause a lot of problems for family court litigants, it doesn’t have to ruin your case. Follow the advice above, and be diligent about sharing your social media posts with your attorney.

PLAY IN TEAMS Your whole family can participate together, but it can also be fun to strike up some friendly competition with teams. Have at least one parent or an

How Social Media Can Wreak Havoc in Your Divorce Case

One of the very first things we have to address in our first meeting with any client is the way that social media can impact their case. Clients are often surprised when we ask to see their Facebook page before we even ask to see their financial information. However, it’s critical to know what a judge may see in an exhibit packet at a temporary hearing. Here are some ways social media can wreak havoc in your divorce case. EVIDENCE OF PARENTING ABILITY More often than not, parents are asked to produce every social media post involving or referencing their children. This may show that one parent is the primary person attending all events while the other is never around. The impact of how a judge may read each of these scenarios varies between courtrooms, but there is often not enough time during a temporary hearing to explain the context of the posts in question. EVIDENCE OF UNREPORTED INCOME Social media is a place for people to show off. If either party claims to have a low income or very little property in their financial declaration, but then brags in social media posts about expensive personal property, it could be the evidence necessary for the court to impute a higher income or call their credibility into question. EVIDENCE OF ADULTEROUS RELATIONSHIPS Text messages, Facebook chats, and Snapchat pictures are now front and center in most affidavits alleging extramarital relationships. The world

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Pasta With Turkey and Broccoli

Why Does the Court Need Access to My Finances? In divorce cases, one of the most frequent questions we get is, “Why do I have to complete a financial declaration when going through a South Carolina family court?” The most important answer is the simplest one — the rules of family court require it. Rule 20 of the South Carolina Rules of Family Court requires each party to file and serve a current financial declaration “[i]n any domestic relations action in which the financial condition of a party is relevant or is an issue to be considered by the court …” This means that even though it might be uncomfortable or tedious, a full financial disclosure must be made to the opposing party in any family court action. Generally, those terms are interpreted liberally by the court, so you should expect them to come up, no matter the circumstance.

This simple, delicious recipe only takes 20 minutes from start to finish. It’s also a great way to encourage kids to eat their broccoli. The next time you make pasta, leave the canned sauce in the pantry and make this instead!

Ingredients

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3/4 pounds pasta (shells or orecchiette) 2 cups broccoli florets 3 tablespoons olive oil 1 pound ground turkey

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2 cloves garlic, chopped 1/2 teaspoon crushed red pepper

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Salt

Parmesan cheese

Directions

1. Cook the pasta according to package directions. Add broccoli when pasta is 1 minute from done. Drain both and return to pot. 2. Heat 1 tablespoon olive oil in a skillet over medium-high heat. Add the turkey, garlic, crushed red pepper, and a pinch of salt. Cook while breaking up meat with a wooden spoon for 3–5 minutes. 3. Combine turkey with pasta and broccoli mixture, adding the remaining olive oil as you stir. Serve in bowls topped with Parmesan cheese. take a break Recipe inspired by realsimple.com

The financial declaration lists your gross monthly income, monthly pay deductions, and monthly expenses, along with installment loan payments, personal property, and real estate assets. It is intended to be a snapshot of your current financial situation. It also has multiple benefits. A financial declaration aids the court in calculating child support and alimony. It also determines the financial health of each party. Keeping the financial declaration up-to-date not only gives the court and the parties a glimpse of both parties’ finances, it also keeps you in compliance with the rules of family court. The financial declaration must be kept current at all times during the case. That means that even if you fill out a financial declaration before your first hearing, you will need to update it again before the final hearing. We know that providing and discussing finances is uncomfortable, especially when you are going through a separation or divorce. But, as with most aspects of your case, full disclosure and discussion are necessary to obtain the best results possible in the most efficient manner we can.

BASEBALL BEES BLOSSOMS GARDENING

GREEN KITES PUDDLES RAINBOWS

RAINDROPS SPRING TULIPS UMBRELLA

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THE Stevens Firm, P.A. Family Law Center

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349 E. Main Street, Suite 200 Spartanburg, SC 29302

PAGE 1 How My Academy Fellowship Can Benefit You PAGE 2 This Season’s Best Family Activity Social Media and Your Divorce Case PAGE 3 Pasta With Turkey and Broccoli Understanding the Financial Declaration in Family Court PAGE 4 The Message Behind Kindness Rocks

A Small Token With a Big Message

people find a kindness rock, they get a boost to their day, but they also feel inspired to pay the kindness forward. Kindness Is Contagious

HOW TO MAKE YOUR OWN KINDNESS ROCKS

If you want to spread kindness, start with a few smooth 3- to 5-inch rocks. Part of the adventure is in finding the rocks, so take the time to explore outside to find them. Maybe take the kids for a trek to a nearby park or beach. Once you have your rocks, use nontoxic paint or spray paint to color them. Use bright colors so that others can spot them. After the paint has dried, use paint pens to write your messages on the rocks. These can be as simple as one word or as big as an inspiring quote or verse. After you’ve written your message, use a clear nontoxic sealant to protect your artwork so it will be there when others find it. Find an outdoor space to leave your rock — maybe even in the original spot you found it. In a world that often seems dark, your message of kindness will serve as a beacon of hope for others.

Have you ever had one of those days when nothing seems to go right? You wake up late, you can’t find your keys, the kids aren’t ready, and the day continues to unfold in a negative fog. Those difficult days are the reason Megan Murphy started the Kindness Rocks Project. After her parents passed away, she found comfort in finding heart-shaped rocks and sea glass on the beach. She realized that these small tokens might make other people feel better, too. Megan’s friend, one of the first to pick up a rock Megan had left behind, sent her an encouraging message after finding it: “If you did drop this rock, you made my day.” Since then, Megan has inspired others with randomly placed messages of kindness. She finds a rock, paints a kind message on it, and leaves it on the beach for others to find. And the idea has spread. As the project has grown, so have people’s stories about finding kindness rocks. When

“One moment can change a day, one day can change a life, and one life can change the world.” –Gautama Buddha

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