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Belleville and Edwardsville Divorce Law Blog

Misconceptions about child support

46651051_S.jpgSome Missouri parents may resent paying child support, but there are strategies parents can take to protect themselves financially. There are also some misunderstandings about how child support works. It is important for parents to keep in mind that however angry they are at an ex-spouse, child support is not for the benefit of their ex-spouse. It is for the benefit of their children.

Some angry ex-spouses who were higher earners in the marriage may complain that they were taken advantage of financially during the divorce. It is important for people to understand their financial obligations and rights during a divorce. While they may be required to pay child support and alimony, these are based on income among other factors. Divorce may sometimes have a negative financial impact on people, but the aim of the court is not to leave either parent destitute.

Dads can be custodial parents too

31375552_S.jpgFathers in Missouri and throughout the country have an opportunity to win custody of their children. Part of winning custody is making a good impression in the courtroom. Therefore, it is important to dress appropriately and avoid any outbursts toward the judge or anyone else who is taking part in a hearing. Another key step for a parent in the quest to obtain custody is showcasing a relationship with the child.

Ideally, a father will show proof that he has interacted with the child and has helped to meet a son or daughter's financial needs. However, other parties may have a say in how a custody order is put together. For instance, the child's mother may express a preference to not share custody, and the child may also express a desire to be with his or her mother.

Child custody and living accommodations

35895192_S.jpgMissouri residents may be interested in learning about a few of the factors that are taken into consideration when determining living accommodations for children after a divorce. The considerations vary by state and even judges.

Judges usually take into consideration each parent's unique circumstances and make reasonable decisions based on this. One thing they will look at is the gender of the child. If a child is a girl and the father is seeking custody or visitation, the judge may want the child to have her own bedroom and bathroom. The opposite will likely be true. The age of the child will also be considered. Older children usually need more space. So a judge may look more favorably on a situation if a teenager has his or her own room as opposed to sharing with younger siblings.

Child custody orders aren't set in stone

118204179_S.jpgMissouri residents may be able to have a child custody order modified if events warrant a change being made. Generally speaking, a change will be made if a parent is putting the child's safety in danger. The same could be true if the child doesn't want to spend time with the parent or if a parent is ignoring the terms of the order. If a parent relocates or dies, it may also be necessary to make changes to a child custody arrangement.

If there is reason to believe that a child is in danger, a court will have to determine if the danger is immediate. A court will also likely want to determine if the child is in danger of abuse or if another member of the household is the direct target. If a parent relocates, a judge will likely want to know why the move is taking place and if it is still possible to operate under the terms of the current agreement.

Dividing cryptocurrencies during divorce is complicated

80309328_S.jpgMissouri residents who have gone through the divorce process know that few business interactions can be as potentially explosive as dividing up assets after a divorce. Time and time again, there are news reports of wealthy or famous individuals who find themselves in protracted divorce cases.

Some assets adding a new wrinkle to divorce proceedings are cryptocurrencies. Family law attorneys are just starting to deal with divorces where high-value cryptocurrency investments need to be found and divided among the divorcing parties.

How to resolve issues about child support payments

112464301_S.jpgNoncustodial parents in Missouri are generally obligated to provide support for their children. However, this may become difficult for those who don't have the means to do so financially. The first step a parent should take is to contact the Child Support Enforcement Office in the appropriate state. This will alert the office to the fact that an individual's circumstances may have changed. In some cases, this may allow a parent to have a support order modified.

There are several ways in which a parent's circumstances could have changed. For instance, they might have experienced a loss in income or a medical issue. In some cases, a child may become more expensive to raise as they get older. It is important for parents to go to court or through other formal channels in an effort to resolve a problem paying child support.

Reality TV star fighting for child support payments from ex

63637666_S.jpgMissouri reality TV fans might be interested in the ongoing child custody battle between "Rehab Addict" star Nicole Curtis and her ex-boyfriend. The former couple came to a custody agreement over their 3-year-old son in October 2018, but they are still apparently battling over unpaid child support payments.

According to court documents filed by the State of Michigan on Jan. 16, the father has been ordered to attend a hearing regarding $6,059.50 in late child support payments. If he is unable to provide the judge with an acceptable explanation for why he has fallen behind on the payments, he could be held in contempt of court. Furthermore, if he fails to show up for the hearing, a warrant could be issued for his arrest.

Adrian Pasdar seeks $60,000 a month from Natalie Maines

TV and music fans in Missouri may be interested to learn that actor Adrian Pasdar is seeking over $60,000 a month in child support and spousal support from his estranged wife, Dixie Chicks lead singer Natalie Maines. The couple split up in 2017 after 17 years of marriage.

On Jan. 30, news outlets obtained court documents that show Pasdar, age 53, wants $44,076 per month for spousal support and an additional $16,427 in child support for the couple's two sons, ages 14 and 17. On top of that, the former "Heroes" star is asking that Maines, age 44, pay his attorney fees, which are currently around $350,000.

The benefits of prenups for younger couples

71078184_S.jpgMany Missouri couples might skip a prenup when they get married if they are just starting out or are still college students. Like many people, they might assume that a prenup is only for those who already have substantial assets. However, a prenup is one way to plan for the future, particularly when there is always the possibility that a couple's financial situation might significantly change.

While it might seem like negative thinking, a prenup does more than just prepare for the possibility of the end of a marriage. It can also help if one of the spouses passes away and there is the need to manage their estate. In the case of a divorce, a prenup takes into account any debt that the two spouses brought into the marriage -- for example, financing for their college and advanced education. What a prenup does is consider what each person would want in case the marriage ends while taking into account both what they bring to the marriage and what the potential for additional assets is as the years go by. A prenup also provides a good basis for an honest conversation about finances and financial planning before the marriage even begins.

Tips for fathers in protecting their rights after divorce

47872874_S (1).jpgWhen Missouri parents get a divorce, they may be concerned about child custody negotiations and how much time they will be able to spend with their children. Some fathers might be worried that the rights of the mother will be prioritized over the rights of the father although both parents are supposed to have equal footing in a custody dispute.

There are several things fathers can do to protect their rights. It is important to be realistic about requests for custody and visitation. Fathers should have the physical space for the children in their home as well as the time to spend with them. They may also need to examine their emotions toward the other parent and let those emotions go. Putting the best interest of the child first is critical. Parents might also need to step away from small conflicts, such as what the child will wear.

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