Getting Divorced

5 Things You Should Know Before Getting Divorced

BY JANET HOWARD, 311DIVORCE.COM

Divorce has become more common than in previous years. There has been significant research into understanding the reason behind these changes and the essential things an individual must know before getting a divorce. Divorce is serious, and sometimes couples end up working things out and remarrying, but that is not the usual outcome. Being sure about the divorce is one of the key factors to focus on when deciding whether or not to get a divorce. Once you are sure that divorce is the best option, the working pieces of the divorce will come into play. If the two of you have purchased a home together or any other property, there will need to be discussions that include how property will be split between the two parties. In addition to property distribution, an understanding must also be reached regarding custody of children as well as the responsibility of any joint debts. Finally, hiring an attorney may be in your best interest. Some divorces can be completed due to "no contest" laws in which both parties are amicable and agreeing on all aspects of the case. This type of divorce often requires that no children were born from the marriage. Understanding these five concepts can assist in the planning necessary when divorce is the selected path.

Are You Sure?

Getting a divorce can be challenging to deal with. Deciding that the person you swore your life to is no longer the person you want to grow old with is devastating. You may have feelings of regret that cause you to question everything. If you are the one who walked away, it can be challenging to stick to your decision and follow through with the divorce. If there is any question in your mind, stop and take a few days to process. This is why you need to be sure that you no longer want to be with your spouse. Once you have come to a solid conclusion that you want to be divorced, you can move on to other things.

How Will Property Be Split

Once you are sure that divorce is what you want, you must figure out how the property will be split. When you get divorced, dividing property can be an issue. If this is an amicable divorce, the two of you can agree on splitting everything 50/50. Most of the time, this is not how things will work. Understand that you may have to make some sacrifices to get the things you really want. It will be best if both parties agree on who gets what without dragging it out in court.

Where Will The Children Go?

One of the most difficult components of divorce is the children. No one wants to be the parent stuck with weekends and holidays. There is a short end of the stick with this, and there is no uncomplicated way to go about doing it. If the two of you cannot agree, it will have to go to the courts. When this happens, your divorce case can extend an extra 6 months to a year. It is vital to keep your cool during this phase so you do not jeopardize your chance of maintaining at least an equal portion of custody over the children. Think about their schooling and how they may be uprooted from everything that they know. What may have previously been their comfort zone is likely to be snatched away, and children often have difficulty processing the accompanying emotions. Just remember that your children have feelings too, and they will have strong feelings but may be unable to show continued on page 10

WARNING: Email from FTC Chair Lina Khan About Coronavirus Money is Fake

BY ALVARO PUIG

Scammers are impersonating Federal Trade Commission (FTC) Chair Lina Khan in a new phishing scheme. The email says the FTC wants to send you Coronavirus relief funds and tells you to send some personal information, like your name, address, and date of birth. The FTC is not distributing Coronavirus economic stimulus or relief money to people. The email is a scam. Don’t reply. If you get an unexpected email that asks you to reply – or call or click a link – to give somebody personal or financial information, don’t. It’s probably a phishing scam trying to steal your money. Report the phishing email to the Federal Trade Commission at ReportFraud.ftc.gov and forward it to the Anti-Phishing Working Group at reportphishing@apwg.org. (If scammers contact you by text message or phone, report that, too.) Scammers lie and make up fake stories to rip people off. Learn how to recognize and avoid other phishing l Alvaro Puig is a Consumer Education Specialist at the FTC

Before Getting Divorced

continued from page 9

them. They also may worry that they will be forced to choose between their two parents.

Know Your Debt

Another critical component involves you and your money. You must be aware of and understand any debts you owe. Even if it is your spouse's account, but your name is on it, you could be responsible for the debt. The best thing you can do is call your creditors and have them put the debt in the name of whoever's planning to keep control of the asset. For example, if you both are on the loan you received for your house, you are both responsible. It is a good idea to go ahead and split debts and add the correct name to them so that you won't be blindsided by bill collectors calling.

Hire An Attorney

One of the most important things to do is to hire an attorney. Getting a divorce is complex, and having an attorney to draft and file the paperwork makes it much more manageable. They also have more excellent knowledge regarding divorce and can give you some valuable tips and tricks. There are many tasks involved with a divorce that will cost quite a bit of money. Your attorney will put together the paperwork and have a processor serve your spouse. This service is not free and is just one of the many extras that may come with hiring an attorney. On the bright side, an attorney will know your rights and be able to get your divorce started and completed within a reasonable timeline.

Overall, many things factor into your getting a divorce. You must be sure to keep all these things in mind when you start the process. It could take anywhere from 6 months to 2 years, depending on each factor. You must stay strong and vigilant so that you can get things done in a reasonable time. l

Auto Loan Refinancing Scams

If you're having trouble paying your car loan, you might think about doing business with a company that says they can get you lower monthly payments. But not all refinancing companies play by the rules. Scammers will just take your money and do nothing in return. Learn how to recognize, avoid, and report these scams.

What the Scammers Tell You

Scam companies that promise to lower your car payments often: •say they have relationships with lenders when they don’t f•eature fake testimonials from “satisfied” customers on their websites •falsely claim to have a money-back guarantee if they can’t make a deal with your lender •make specific, but false, claims about how much they will reduce your monthly payment

How the Scam Works

After promising you that their services will lower your payments, the company will make you pay several hundred dollars up front, in what they sometimes refer to as an “enrollment fee.” The company might tell you to stop making car payments while it negotiates a deal with your lender. In some cases, the company then tells you it needs more money to keep working on your case. The company might even tell you to make your payments directly to it so the company can pay your lender on your behalf. In reality, the company isn’t negotiating with anyone, and if you are start making your monthly payments to the company those payments are likely going straight to the scammers’ pockets (and not to your loan). You may only realize that when your lender contacts you about missed payments or your car is repossessed.

What to Do if You Can’t Afford Your Payments

If you’re having trouble making car payments, contact your lender as soon as possible to talk about your options. The longer you wait, the fewer options you’ll have. Auto loan modifications usually involve pushing missed payments to the end of the loan or extending the loan term — say, from 60 months to 72 months. A modification can get you some breathing room now but it will increase the total amount you pay in interest over the life of the loan, even with a lower interest rate. Lenders rarely cut the total amount of principal or interest rate you have to pay as part of an auto loan modification.

What to Know About Repossessions

If you don’t make your car payments on time, your lender might have the right to repossess your car without going to court or telling you in advance. Your lender also might be able to sell your loan to a third party — called an assignee — who may have the same right as the original lender to take your car.

Report a Problem

If you think you’ve been ripped off, report it to the FTC at ReportFraud.ftc.gov and to your state attorney general.l

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AG James Announces Indictment of Bronx Clinic Owner for Stealing More Than $4 Million from New York Taxpayers

NEW YORK: New York Attorney General Letitia James on August 20, announced the indictment of Leslie Montgomery, 50, of the Bronx for defrauding New York state out of millions of dollars in false Medicaid claims. Montgomery — who did business as Healthy Living Community Center (Healthy Living) and owned LCM Livery P/U, Inc. (LCM Livery) — allegedly scammed individuals and taxpayers through an elaborate scheme, whereby Montgomery advertised a fake housing assistance program to lure lowincome New Yorkers into providing their personal information, including their Medicaid numbers. Montgomery then used that personal information to submit false claims for custom-molded back braces to MetroPlus Health Plan, Inc. (MetroPlus), a Medicaid-funded managed care organization, for braces that were not needed and never ordered by patients. Montgomery is accused of stealing more than $4 million from the illegal scheme. “Cheating taxpayers by preying on vulnerable New Yorkers is disgraceful and unacceptable,” said Attorney General James. “This alleged scheme took advantage of those most in need, baiting individuals with fake promises of affordable housing, only to use their personal information to steal more than $4 million from taxpayers. This fraud will not go unchecked. We will go after anyone who steals from New Yorkers.” In the indictment, the Office of the Attorney General’s (OAG) Medicaid Fraud Control Unit (MFCU) alleges that Montgomery regularly used social media to advertise a sham housing assistance program as a ruse to lure low-income New Yorkers to Healthy Living. Healthy Living then required New Yorkers to divulge personally identifiable information — including their Medicaid numbers — in order to qualify for the purported program. But instead of helping New Yorkers find housing, Montgomery used their personal information to submit false claims to MetroPlus for highly customized back braces that she never provided to the Medicaid recipients. From time to time, Montgomery provided a $20 “off-the-shelf” back brace that was mailed directly from Amazon to the recipient. However, most of the time, she provided no brace at all, yet still billed MetroPlus between approximately $750 and $1,550 per back brace. Altogether, Montgomery is accused of pocketing more than $4 million from the scheme. The indictment — filed in Bronx County State Supreme Court — charges Montgomery with one count of Grand Larceny in the First Degree, a class B felony; one count of Health Care Fraud in the First Degree, a class B felony; one count of Money Laundering in the First Degree, a class B felony; and five counts of Identity Theft in the First Degree, a class D felony. In addition to the charges against Montgomery, LCM Livery is also charged with one count of Money Laundering in the First Degree. If convicted on the top charge, Montgomery could face up to 25 years in state prison. In conjunction with the criminal case, the OAG has also filed a civil complaint against Montgomery, LCM Livery, and other companies owned and controlled by Montgomery. The complaint — which asserts violations of New York’s False Claims Act, Section 145-b of New York’s Social Services Law, and other causes of action — seeks to recover millions of dollars in Medicaid money obtained by these defendants as a result of their fraudulent conduct. The charges against the defendants are accusations, and the defendants are presumed innocent unless, and until, proven guilty in a court of law. Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online on the OAG website or by calling the MFCU hotline at (800) 7717755. If the situation is an emergency, please call 911. l

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