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Belleville and Edwardsville Divorce Law Blog

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.

Child support leads to most garnishments in Missouri

111539079_S.jpgAccording to a 2016 study conducted by the ADP Research Institute analyzing anonymous pay data of 12 million American workers, about 7 percent of American workers are having their wages garnished. When an employee's wages are garnished, a court orders an employer to automatically deduct money from the employee's wages in order to pay debt. Wage garnishments affect employees in certain industries and parts of the country more than others. Manufacturing workers in the Midwest have the highest rate of wage garnishment at about 26 percent.

The average yearly salary of employees who have their wages garnished is about $44,000 and most workers are middle-aged. Large companies have a higher percentage of employees who have wage garnishments with about 10 percent of employees being affected by wage garnishments versus about 7 percent for small companies.

How courts decide child custody in Missouri

29493362_S (1).jpgAside from the Uniform Child Custody Jurisdiction and Enforcement Act, which is used to help prevent interstate child abduction, child custody laws are set at the state level. Custody decisions made by a court in Missouri are based on what is in the best interests of the child.

In determining what the child's best interests are, the court will take a number of factors into account. These include each parent's plan for custody, whether either parent is considering a move and the child's preferences. The court considers it important that the child maintain a relationship with both parents, so it also looks at how willing each parent is to make sure the child has that relationship. Furthermore, it will consider the mental and physical health of all parties and whether there has been any neglect or abuse.

Filing a paternity case to establish father's rights

113612660_S.jpgFathers in Missouri who were not married when their child was born will need to file a petition to establish paternity to enjoy the same rights as fathers who were married to a child's mother when the child was born. This is true even if a father's name is on the birth certificate and there is no doubt that he is the father of the child.

A father who wants to establish his paternity rights will either need to take a DNA test to prove that he is the biological father, or both he and the biological mother can sign an affidavit acknowledging paternity. Signing an acknowledgement and obtaining a court order is the fastest way to establish paternity.

Child custody and support after a divorce

31020940_S.jpgWhen parents in Missouri go through a divorce, issues around child custody and child support can be particularly contentious and emotionally difficult. Often, neither parent wants to lose time with their children and, in many cases, both parents feel that they have received an unfair shake in family court. While joint or shared custody is becoming a growing standard across the country, many fathers feel like they are excluded from their children's lives after a divorce.

In around 80 percent of cases across the country, mothers receive primary custody in family court. However, many of these cases include fathers who do not fight for child custody of their own. Fathers who work to secure custody often have a strong chance of receiving primary or joint custody of their children in a divorce. Fathers may face a slightly more uphill battle if their paternity was not documented on the child's birth certificate. However, fathers can catch up by filing proper paperwork and seeking an active role in the child's life.

Calculating childcare costs and support payments

45107426_S.jpgWhen two working parents in Missouri decide to divorce or separate, child support can be a serious and contentious issue. One of the most significant costs of child-raising is often day care, and many parents may wonder how they will continue to pay childcare costs after divorcing. If you are divorcing while your child is in daycare, a child support and family law attorney can help you to seek a fair solution that reflects these costs in the child support formula.

Under state law in both Missouri and Kansas, daycare and other childcare costs can often be included in the overall child support formula. While the most basic child support calculations reflect primarily the income of each parent and the number of children requiring support by both, other factors can also be taken into account by the court. Those other factors include additional expenses involved in caring for the child. Most commonly, this provision applies to childcare costs like daycare fees, preschool costs or nannies' wages. Many family law judges will allocate childcare costs between the two parties based on comparative shares of their net income.

Divorce more common among people with divorced friends

20142140_S.jpgSocial groups have a strong influence on the lives of people in Missouri. When spouses in unhappy marriages have friends, relatives or co-workers who have ended their marriages, divorce risks rise. A study that looked at the peers of 5,209 men and women determined that the risk of divorce goes up by 75 percent when a spouse has a close friend who goes through a divorce.

Having coworkers who have ended marital difficulties through divorce bumped up a person's chance of divorce by 50 percent. Divorced siblings had a smaller effect on people but still raised their divorce rates by 22 percent.

Reports of support disputes between Ewan McGregor, ex

Missouri fans of Ewan McGregor may be aware that the actor and his wife of 22 years, Eve Mavrakis, announced in October 2017 that their marriage was at an end. It later emerged that the two had separated in May. Later that same year, a relationship between McGregor and actress Mary Elizabeth Winstead became public.

According to court documents, McGregor and Mavrakis are now in a dispute over spousal and child support payments. McGregor has been making support payments to Mavrakis since January, but there are no formal spousal or child support orders in place. McGregor says he wants credit or reimbursement for what he has paid, which is more than he would have paid in child or spousal support with a court order. Mavrakis is claiming that the amount is insufficient. In addition to a 22-year-old daughter, they have three other children, two 16-year-olds and a 7-year-old.

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