NFL Player's Trouble Demonstrates that "Family Law" Means More than Just Divorce

The stereotype of a family law attorney is that they deal in divorces or are limited to issues between spouses. The reality is that the practice can be far reaching in scope and encompass estate planning issues, business interests, and matters that extend beyond ex-spouses, but that deal with many aspects of a client’s life.  A recent example of how the term “family law” can truly encompass the entire family made news recently in the form of the legal action NFL rookie offensive lineman Tyron Smith had to take against members of his family. Mr. Smith found himself at odds with family members who allegedly had become so aggressive in their demands for money that he had to call the police to intervene. Mr. Smith’s representatives report that about $1 million is missing from him.

Mr. Smith plays tackle for the Dallas Cowboys. While in southeastern Pennsylvania that job description may not get him much sympathy, I think everyone can at least understand and appreciate why a young man who is (allegedly) missing $1,000,000.00 would need to establish some secure boundaries between his family and his money. An NFL player’s career is short; don’t confuse the small number of higher profile long-term players for the general rank-and-file of the NFL. The fortunate ones may play an average of three years; some never make it past their rookie contract or, for that matter, rookie training camp. Mr. Smith, under the NFL’s new collective bargaining agreement, is extremely well-paid, albeit not as well-compensated as his predecessors, many of whom has gone on to financial ruin due to family situations not unlike his.

 

As reported by Kareem Copeland of www.NFL.com, subsequent reports have come out about the facts behind Mr. Smith’s call to the police and his family disputes there was a disagreement about money (while acknowledging that he has given them a sizable portion of his four-year, $12.5 million contract). Nevertheless, Mr. Smith clearly reached a point where he could not trust those closest to him and had to act out of self-interest to protect himself and his financial stability.

 

Andrew Brandt, who has the distinction of having served on both sides of the NFL bargaining table as an agent and executive with the Green Bay Packers, wrote an interesting account of his experience with young players in similar situations as Mr. Smith. He has experienced the difficulty of counseling a client to act in a way that may hurt – emotionally or financially – someone they love, but sometimes that is a consequence of protecting the client.

 

Tyron Smith’s experience is not exclusive to wealthy athletes; many people find themselves in situations of having to seek judicial intervention in the form of Protection from Abuse Petitions, evictions, or needing counsel to resolve a financial issue in Orphan’s Court. Mr. Smith clearly found himself in a situation in which he had to consider what legal protections were available to him in order to secure his future. While Tyron Smith’s athletic career may be long, his post-NFL life will be much longer and – whether his actions prove to have been justified or a misunderstanding – he should commended for not waiting until his playing days and money ran out before doing something to protect both.

A "TOP SEVEN" LIST OF MISCONCEPTIONS REGARDING PENNSYLVANIA FAMILY LAW

The following is my "Top 7" list of "family law misconceptions" that I frequently hear from new or prospective clients.  The list is by no means exhaustive and assumes that there is no pre or post-nuptial agreement in place which might already address the issue.  Likewise, as other states have different laws and procedures, this list is limited to Pennsylvania.

  1. “There is no alimony in Pennsylvania”.  I am constantly amazed at how many new clients believe that alimony does not exist in Pennsylvania.  Let me set the record straight: alimony is alive and kicking in Pennsylvania.  Section 3701(a) of the Pennsylvania Divorce Code provides that “[w]here a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.”
  2. “If my spouse committed adultery, I will not be obligated to pay him/her alimony”.  Of the clients who are aware of the existence of alimony in Pennsylvania, many believe that adultery is a bar to a claim for alimony.  Marital misconduct occurring during marriage is only one of 17 factors under §3701(b) of the Divorce Code to be considered in determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony.  It is not a bar, just a factor.
  3. “It only takes 90 days to get a divorce”.  Under even the best possible circumstances, it will take more than 90 days from the date of filing a divorce complaint until the entry of the decree.  I usually tell people that the best case scenario is 4½ to 5 months, assuming that both parties fully cooperate, there is a signed agreement disposing of all economic issues, the court is not backed up,  and, most importantly, the stars are in perfect alignment.  The worst case scenario could be several years or more depending upon the circumstances.
  4. “My spouse is not entitled to any of my pension”.  Many clients believe that his/her spouse is not entitled to any portion of their pension since they worked for it.  To the contrary, if the pension was acquired or increased in value during the marriage, then it is marital property (in full or in part) and the other spouse has a claim to it.
  5. “My spouse is not entitled to any asset that is titled solely in my name”.  How an asset is titled has very little to do with whether or not it is subject to division and/or distribution in a divorce.  The general rule is that if an asset is acquired or increases in value during marriage, then it is marital property (in full or in part) and the other spouse has a claim to it.
  6. “The marital property gets split 50/50”.  While marital property is often divided between the parties on a 50/50 (equal) basis, the circumstances may warrant a disproportionate division.  Pennsylvania law requires that the marital property be divided in an equitable fashion based upon a consideration of 11 factors set forth in §3502 of the Divorce Code.  "Equitable” means fair, not equal.  Therefore, if the equities weigh in favor of one spouse, he or she will likely receive more than 50% of the marital property.
  7. “If I quit my job, I will not have to pay support”.  This is one of the more popular misconceptions.  Support obligations (i.e. support for a child or spouse) are determined based upon actual income or earning capacity.  If someone quits his or her job without an extremely good reason, their support obligation will be determined or will continue based on their established earning capacity.  A frequent response that I hear when I tell people this is, “then they can just put me in jail.”  That, however, it not a misconception for someone who deliberately takes action to avoid their support obligations.  It may take some time, but under the right conditions, jail may be a reality.