Wednesday, January 22, 2014

Premarital assets

People are getting married at an older age these days.   As a result, some spouses come in to a marriage with savings, with retirement, with a house.  If and/or how these assets are used during the marriage, are kept separate, are used but can be traced out, or are mixed in (commingled) can make a difference in how they are treated during a separation/divorce/equitable distribution.  It is important for your attorney to know information about such assets that either you or spouse have owned. Documents showing what existed at the date of marriage can be vital to help your lawyer have a picture of what may be subject to distribution.

Tuesday, January 21, 2014

Getting your financial ducks in a row

As readers may know, sharing interesting other interesting blogs can some times offer additional help.  Although this one seems geared toward women, it really has advice for either spouse trying to prepare for dealing with a separation/divorce.
http://www.forbes.com/sites/jefflanders/2011/04/07/welcome-to-divorce-dollars-and-sense/

Power of negotiation

Divorce, custody, spousal support and dividing property can be issues that bring a lot of emotion to the table:  anger, fear, sadness, anxiety.  Courts have the authority to make decisions where the people involved cannot reach agreements, but negotiations that lead to a settlement can often be a more productive path.  If you are entering negotiations, it is important to understand some aspects of it:
1.  Each person may be at a different emotional stage of the separation/divorce.  The stage of each person may impact what he or she is ready to address or consider.
2.  Each person may have a different level of knowledge about the financial aspects of the marriage.  Disclosure is important.
3.  Even productive negotiations take time, and an immediate agreement may not be reached with the first exchange.
4.   If your effort to negotiate does not receive any response, talk to your attorney about next options. 

Monday, January 20, 2014

Health insurance can be important during a separation or divorce

In  many families, one spouse/parent covers the health insurance for the children and spouse.  One spouse may not have health insurance available or one spouse's plan may be better than the next.  Often, during  a separation, the carrying spouse wants to take the other spouse off the policy.  This decision can have costly consequences, especially if the other spouse is not aware of being removed.  Although open enrollment periods allow a time when a spouse can be removed, and some people think it will save money, unreimbursed medical expenses can be more expensive than the monthly premium and a Court could possibly order the other spouse to pay them.  So, if you are the spouse who provides the family health insurance coverage, talk to your attorney before making any major changes  to the policy and who is insured. 

Wednesday, January 15, 2014

Child support ideas

Child support can be a source of much dispute in family law.  In Virginia, we have statutory guidelines that give us a presumption based information including gross income of parties, cost of health insurance for the child, cost of child care, and custodial time. So why all the argument.  Payor parents want to support their children, for the most part; but they don't like feeling as if child support is being used to support their ex-spouse/ex-partner.  Assuming that the monthly support meets the child's daily needs, a creative option that some parents consider for amounts that are disputed as being more than what the child has for daily needs is determining whether some part of child support could be contributed to a 529 for the benefit of the child:  the payor parent feels like the money is designated and the recipient parent feels like the child benefits.  It could be a win-win.  This kind of out of the box option is something to discuss with your attorney; there may be other alternative ideas on how to make child support work for everyone, especially the kids.

Monday, January 13, 2014

I'm getting a divorce. Do we have to fight it out in Court?

Divorce is a highly emotional topic for many people.  People may reach the decision to divorce mutually based on calm discussions while other people may be facing a divorce based on the decision or action of one spouse.   Court some times is necessary, but it is not always.  Other types of resolution methods can be used to try to reach agreements regarding custody, support, division of property.  Mediation is one alternative method:  mediators may be attorneys, retired judges, or other individuals who are trained in how to be a mediator.  A mediator is a neutral, third party who does not take sides and does not represent one party.  Collaborative law is another form of dispute resolution where each party is represented by an attorney who is trained in this approach.  Negotiations can be another way to resolve matters without litigation.  Talk to an attorney about your objectives, ask questions about different ways to try to reach resolution on the issues that confront your family. 

Thursday, January 9, 2014

Sole custody and access to information about my children

If  my spouse has sole legal custody, can I still get information about my children's education, medical treatment, etc?   Under Virginia Code 20-124.6, you can still have access to medical records or school records unless a court orders otherwise for good cause shown.

Monday, January 6, 2014

Visitation and child support

"He's never on time with his child support payments."
"She's always forgetting to mail my child support check."
So, the question follows, can I withhold visitation?
The answer is no.  Visitation and child support payments are two separate and distinct concepts; you cannot withhold visitation in order to enforce timely and complete support payments.  There are actions to take if child support is an issue: seeking a wage withholding order (commonly referred to as a garnishment); seeking contempt relief; etc.   You should consult with your attorney if your child support payments are not being made according to a court order so you can weigh your options.  Withholding visitation, unfortunately, could just subject you to a show cause/contempt proceeding and not result in receiving child support on time or in full.

Saturday, January 4, 2014

Prenuptial agreements ("prenups") may deserve another look

We have done articles, blogs, and presentations on prenups.  Depending on your own individual circumstances, there may be advantages to talking to an attorney about one.http://www.aaml.org/about-the-academy/press/aaml-in-the-news/pre-post-nuptial-agreements/growing-popularity-prenup

Friday, January 3, 2014

Custody and holidays

Thanksgiving, Christmas, Hanukkah are only some of the holidays that are considered in custody arrangements.  In our line of work dealing with custody disputes, seeking to help parents reach a mutually acceptable co-parenting agreement, or bringing the matter before a Court where another resolution is not possible, we see a lot of emphasis also put on Mother's Day, Father's Day, and birthdays.    All holidays that a family celebrate are important; and during a separation and divorce,  holidays can take on extra emphasis.  Summer vacation, Memorial Day, Labor Day, and Halloween are other times that tend to be put into parenting agreements.  It can be very difficult to think about having to share holidays or to miss having your children on a specific holiday.  Courts do their best if asked to make the decision; but it's important for parents to try to figure out a way to make these times work for everyone, to consider creating new traditions based on a new parenting schedule.  Parenting counselors can some times assist.  If you are separated or facing separation or divorce, advance planning and discussion with your counselor or attorney can be a good way to avoid added difficulty in dealing with this situation.   

Thursday, January 2, 2014

Child support and spousal support while case is pending

If you have a family law matter that is in litigation, then it may be possible for you to seek child support or spousal support while the case is pending ("pendente lite").    It is important for you to evaluate this option with your attorney so you can decide if and when to file a motion asking for this relief.  Hearings in the Richmond metropolitan area courts can take several weeks to get scheduled, and can take even longer if there is counsel on the other side.  You, therefore, also want to talk to your attorney about how to meet expenses prior to any hearing on your request for temporary support.