Archive for August, 2016

How Will Breaking Child Custody Court Orders Affect My Ex-Spouse?

Sunday, August 28th, 2016

My Ex-Spouse Has Broken Court Orders Twice. How Will Breaching Child Custody Agreement Affect Him?

One of the most difficult parts of divorce settlements is certainly agreeing on custody and visitation arrangements when there are children involved. And even when an agreement is already made, time and time again, parents fail to uphold their end of the bargain. Whether it may be one parent preventing the other from visiting and seeing the kids or another parent failing to show up on time or spend time with their children, a breach of any contract can and should be dealt with by the court.

Depending on the particular case, as well as the nature of the breach, a court has the power to order community service, issue a fine, or in more severe and repeated cases, sentence one of the spouses to time in prison. However, if the parent who is found to have breached the contract also happens to be the child’s primary guardian, jail sentencing is very rare.

If you believe your former spouse is repeatedly and intentionally breaching agreements, orders and contracts, don’t hesitate to bring it to the court’s attention. These orders were not meant to be broken and are in place for a reason. To ensure both your well-being and of your children, talk to a child custody attorney about having mandated rules issued by the court.

How Can You Make The Best Financial Decisions During Divorce

Thursday, August 18th, 2016

For most people who are going through a divorce, getting through it as quickly as possible is the main goal. After all, divorces can be very painful and the only way you can start moving on is by getting past all of this.

However, if you don’t give your divorce the proper attention and due diligence, you can really come out on the wrong side at the end of it all, and pass up on a lot of important, and sometimes vital opportunities that arise during the divorce process.  This is especially true in the financial realm of divorce, where emotions can compromise your ability to think clearly, and take the most prudent course of action.

For example, many individuals who have just gotten out of a marriage fail to realize how different their expenses are going to be now that they are no longer living with their spouse. It is extremely important to develop a strict(er) budget, at least until you understand just how much more difficult paying expenses on your own will become. This is certainly true if you were in a marriage where expenses were split up, such as you covering the utility bill while your spouse covered groceries.

You have to learn how to manage these expenses all over again, and to disregard the importance of budgeting can lead to serious financial problems in the near future.

A good idea is to create a list of your new financial responsibilities and smartly estimate how much more you are going to have to pay. If there are kids involved, alimony and child support are key in keeping up your finances while still caring for and providing for your children. Of course, it does depend on the financial situation of both you and your former spouse, but receiving these types of financial support can be the difference between having a sense of normality at home and stressing over every nickel and dime.

You don’t have to take on the world all-alone after divorce, the law was created to help you. Don’t let pride stop you from requesting child support and alimony from your former partner, and understand that you both started a family together, and it is up to both of you to provide for your children.

How to Find Hidden Assets of Your Spouse in Divorce

Monday, August 8th, 2016

Here’s how they’re typically found during a divorce case.

Because of the fact that assets, which may have at one point belonged to one spouse, often become shared between the two during or after a divorce, some spouses try to hide them in order to protect what they feel is rightfully theirs. However, thanks to what is known as discovery, hidden assets and incomes are brought to light during divorce proceedings. When the division of assets begins, the assets in the marriage are separated into three different groupings: Marital, Separate and Comingled.

Marital assets are property that is acquired during the marriage, and separate assets are acquired before the marriage, after the spouses become separated, or if the asset is a gift or was inherited. Comingled assets are when the marital and separate assets are combined in something like a bank account or retirement fund.

In most marriages, only one of the spouses handles the “bookkeeping” and managing and tracking of the finances. If you are not this spouse, it is important to ask your spouse for copies of all financial records from the marriage. However, depending on how long the marriage lasted, it can be rather difficult to supply all the information, so you should be willing to work with your spouse to gather all the information. Most account records are available online, and you and your spouse can send joint requests for records from places like mortgage companies, banks, retirement plan administrators, and other third parties.

However, this all falls under a “best case scenario” type of situation. Usually, the spouse will produce information because they are hiding assets. If you aren’t an attorney, the process of tracking down these assets can be very difficult, so if you think that your spouse is hiding some assets, you will want to contact an attorney with experience in asset search & investigation.

The discovery process, as mentioned above, includes document demands, interrogatories/requests for admission, inspection demands and testimony given under oath. The combination of all these will make it very hard for your spouse to keep these assets hidden.

Document demands are when your attorney will ask your spouse, and their attorney, to produce specific documents like tax returns, loan applications, account records and financial statements.

Interrogatories/Requests for Admission: These are written questions that your spouse must answer in writing, or admit specific statements that you believe are true, before you ask them. This way, instead of it being assumed, it is on record.

Inspection demands: You can request that property such as a safe deposit box or even something like a wine collection be inspected, not only to see if there is something that wasn’t included before, or to valuate the property.

Testimony under oath: Also known as an oral deposition, both you and your spouse, and the lawyers involved, would appear before a court reporter. During this time, your spouse would be sworn to tell the truth, and must answer questions from your attorney. Keep in mind; you will be under oath as well if asked to give testimony. Lying under oath can lead you to be charged with perjury, but this would be a good way to pressure your potentially lying spouse to tell the truth about hidden assets. Depositions usually occur after you and your attorney have obtained some financial records, from which you can formulate your questions. If your spouse fails to produce a document that the court orders them to, they can suffer what is known as a sanction, which can be a monetary fine or a judgment against your spouse in a particular part of the case.