Child Custody and the Working Mom: Preparing for Divorce

The world has changed -- for the better -- in the last fifty years, and women are now a more pronounced presence in the professional work force.  While much work remains to be done towards achieving full equality, I see many divorces involving spouses balancing their careers and their children.  Oftentimes, the wife is both a professional and a caregiver.  In these types of situations, preparing for a divorce in advance is vital:

http://www.huffingtonpost.com/lisa-helfend-meyer/child-custody-and-the-wor_b_3369173.html

Great advice in this piece.  The trend in Alabama has been towards one parent having primary physical custody and the other having visitation.  This fact only stresses the importance of the advice in this article.  If you're in need of a child custody lawyer, don't hesitate to call.

Divorce and Mediation: Facts v. Myths

Mediation is required in every divorce case filed in Morgan County.  So, it is important that the parties in the case understand what mediation is and how it works.  Though I always apprise my clients of what to expect, this article provides some useful information to those who haven't consulted a lawyer yet:

http://www.huffingtonpost.com/diane-l-danois-jd/mediation-myths-and-misunderstandings_b_3137489.html?utm_hp_ref=divorce&ir=Divorce

I would add that generally most participants in a mediation have an attorney with them.  And, no one does mediation before filing for divorce -- though it is certainly possible to do so.

Divorce and Personality Disorders

Personality disorders often influence high-conflict divorce and child custody cases silently and from the shadows:
 
http://www.huffingtonpost.com/tina-swithin/why-our-family-courts-are_b_2908574.html?utm_hp_ref=divorce&ir=Divorce

This article succinctly summarizes the issue.  I'm optimistic that divorce attorneys and family law judges will become more aware of how drastically personality disorders impact such cases in the next few years.

Divorce and Alabama History

Interesting history in Alabama involving divorce.

http://www.al.com/living/index.ssf/2013/03/when_alabama_flourished_as_div.html#incart_m-rpt-2

Residence requirements now require an individual live here for six (6) months prior to the filing of the divorce.

Taxes and Divorce

Issues regarding income taxes often complicate divorce cases.  Being informed is the first step to eliminating unnecessary complication:

http://www.forbes.com/sites/nextavenue/2013/03/07/taxes-and-divorce-6-tips-for-women/

(Even though this article is addressed to women, the advice is applicable to both sexes.)

In the end, divorces depend just as much on "accounting" principles as they do on "legal" rules and principles.  An effective divorce attorney will have mastery of both. 

The Legal Process of Divorce: What to Expect

Many times, potential clients have unfounded expectations about the cost, length, and complexity of their divorce.  This article provides a great overview of the details:

http://www.huffingtonpost.com/natalie-gregg/top-five-questions-asked-_b_2680505.html?utm_hp_ref=divorce&ir=Divorce

Establishing well-informed expectations will expedite your divorce and make the entire process smoother.  Of course, selecting a competent divorce attorney with a reasonable rate is important as well.

Family Law and Kim Kardashian: Covering the Gamut

In a short time, Kim Kardashian has managed to involve herself in multiple family law issues, her significant others, and her unborn child. 

http://www.huffingtonpost.com/2013/01/25/kim-kardashian-kris-humphries_n_2552879.html?utm_hp_ref=divorce&ir=Divorce

Simple planning and wise decision-making could have avoided these issues.  However, when difficult situations do arise, a family law attorney is invaluable and imperative.

Facebook and Divorce: An Unlikely Tandem

Facebook can be an asset, or a thorn in your side, in a divorce proceeding.  For those who heavy-handedly share their personal lives with everyone on Facebook, take note:

http://articles.cnn.com/2010-06-01/tech/facebook.divorce.lawyers_1_privacy-settings-social-media-facebook?_s=PM:TECH

Discretion and wise-posting are wise choices if you believe a divorce or child custody hearing may lie in your future.  An, if a divorce is right around the corner, contact a divorce attorney.

Child Support - Part II: Six More Questions, Six More Answers

This is the second of two blogs discussing the law of Child Support in Alabama.  In the last blog, I addressed six of the most commonly asked questions I hear concerning child support.  As promised, here are six more.

7)  How long am I required to pay Child Support?  A child support obligation terminates upon the occurrence of one of three events: 1) the child reaching the age of majority - 19; 2) the child's emancipation through a court determination or marriage; or 3) the child's becoming self-supporting.

8)  Can I be required to pay Child Support for time before my Court date?  Yes.  Once you are the legal parent of a minor child, you have a duty to support.  The Court may order retroactive support for that time period. 

9)  Can I be required to pay Child Support beyond the child's reaching the age of majority, that is, beyond the child's nineteenth (19th) birthday?  Yes.  Alabama Courts have jurisdiction to order divorced parents to pay post-minority support their child in either of two circumstances: 1) when the child suffers from a pre-majority disability that prevents self-support; or 2) to provide assistance to children for educational purposes.

10)  Can the Court take Child Support payments out of my paycheck, that is, can my wages be "garnished"?  Yes.  The law allows for this, however, it is not always required.

11)  What happens if I do not pay Child Support?  The owed support continues to add-up forming what is referred to as an arrearage.  The arrearage draws simple interest at 12% per annum.  The custodial parent can bring this issue to the attention of the Court by filing a petition for contempt.  Oftentimes, the Department of Human Resources will assist the custodial parent in this endeavor.  Also, the law allows for DHR to seek to suspend the driver's license of the payor.  Finally, the Court may find the payor to be in contempt of the order to pay child support; this finding can result in jail time.  I advise you retain a competent child support attorney if you face any of these issues.

12)  I've got Court coming up regarding my paternity of a child and/or the possible payment of child support and/or my failure to pay ordered support.  Do I need an attorney?  YES!!!  The money you spend on an attorney will be drastically less than the money you may end up paying if the child support figure is computed incorrectly or your rights are not protected.  And know this: DHR will not care about your financial situations or how much you should pay.  They will attempt to secure as high of a payment for their client as possible.  So, YES, you need a Child Support Attorney. 

Of course, if you face any issues surrounding child support, please don't hesitate to contact me.  My best.

Child Support - Part I: Six Questions, Six Answers

After a rather lengthy sabbatical from Southern Justice, I'm back. As a Child Support Lawyer, child support is a frequent and complicated issue that I see on a weekly basis, usually in the context of a divorce. In Part I of this two part series, I've addressed six of the twelve most commonly asked questions I hear about child support.

1) Is Child Support (CS) mandatory? That is, do I have to pay CS? Yes*. Alabama law is very clear -- a parent has a duty to support his or her minor child. But, see question two below.

2) Can the parents (or parties) agree that no CS should be paid? Yes. But, a Court must approve such an agreement. There are numerous cases each year where the parents have made some agreement years ago that no CS will be paid. Then, something goes wrong and the parent entitled to receive CS for the child goes to Court. The earlier agreement is worthless and invalid and, most times, the parent who should have been paying CS is required to pay thousands to "catch-up."

3) How is the amount of CS that I or the child's other parent owes determined? Rule 32 of the Alabama Rules of Judicial Administration notes and explains the Child Support Guidelines. These guidelines list the factors the Court must consider (mostly income and the number of children) in determining how much CS is due.

4) How long do I have to pay CS? Normally, there are three ways a CS obligation is terminated: (1) the child reaches the age of majority, (2) the child is emancipated through marriage or judicial determination, or (3) the child becomes self-sufficient. However, a Court may order continued support once a child reaches the age of majority (if unmarried) under two circumstances: (1) for education purposes (college) or (2) a disability which renders the child incapable of self-support.

5) Can my record of paying CS impact my ability to have custody or visitation with my child? Yes, this is common sense -- if you have not provided for the child, why would the court believe it is in the best interests of the child to be with you?

6) Can a CS order (stating how much I owe each month) be modified or changed later on? Yes, a CS award is always subject to change. Two reasons will justify a change: (1) the changed needs of the child or (2) the ability of the parents to pay the CS changes.

This is, of course, a cursory examination of these CS issues. For more information, please contact me. And, look for Part II of this series soon. My best.