What Happens to Debt During a Divorce?
February 7, 2013 | Elizabeth A. SchadingDuring a divorce, many people focus on the assets that are acquired during a marriage without giving very much thought to the debts. The division of debt during a divorce can be a very sticky issue that will have a great impact on your financial future. While we can’t tell you who will have to pay for what, we can tell you that the courts use the principle of “equitable distribution” as their guideline. That means the court will look over the total story of the debt and that debt’s place in the marital partnership while reaching a decision about who might ultimately be responsible. That might include whether the debt was taken out before or after the marriage, whose name the debt is in, what the debt was used to purchase, whether the other spouse knew about the debt or not, and a host of other factors. “Equitable distribution” does not mean that you will necessarily feel that the distribution of the debt is fair. It’s quite possible, for example, to end up footing half the bill for something that your spouse never even told you about simply due to a host of other factors that impact your case. It may feel unfair to you, but remember that you are in the…
Read MoreWhat Can I Do If There Are Problems With Parenting Time?
February 4, 2013 | Elizabeth A. SchadingWhen a court sets a parenting time schedule the order represents a set of mandatory instructions regarding parental access to the child. That doesn’t mean the situation will be perfect. Problems with parenting time are common, though not all of them will be cause for any changes to the visitation schedule. Some problems may simply need to be dealt with, no matter how unfair it may seem. Problems often include the following scenarios: Game playing. The spouse makes parenting time difficult or unpleasant. The spouse may be late for drop-offs and pick-ups, may fail to pack necessary items or may fail to return packed items. Inappropriate behavior. Sometimes the difficulty is the other parent’s behavior during the parenting time. The child may be interacting with questionable people or exposed to questionable things. Failure to give access. Some parents downright defy the court’s parenting time order. Sometimes they’ll start “switching up weekends” or playing other games with the schedule until the other parent’s time has been reduced. Failing to exercise rights. Sometimes the problem is getting the spouse to actually exercise parental rights. Some spouses simply aren’t interested, and fought for parenting time primarily to reduce their child support. This can be frustrating for the other parent and traumatic for the child. If the…
Read MoreHow Much Child Support Will I Pay?
January 31, 2013 | Elizabeth A. SchadingThere are no hard and fast answers to this question. Every case is different. Many factors affect the amount of child support that you pay. First, the courts will look at your employment status and your spouse’s employment status. This isn’t always straightforward since one or both of you might be self-employed, underemployed, or unemployed. Second, the courts will look at how much money both parents earn. There are also adjustments for the amount of parenting time each spouse will share, and that varies from case to case. Daycare and health insurance expenses will be considered. Don’t rely on online child support calculators, charts, or the rumor mill to try to get estimates of what you’ll pay. They can only give estimates, and the estimates themselves are only good if you’re making the right assumptions while entering the data into the computer. Remember, too, that while child support can feel like an unfair monthly bill or a punishment, it’s neither. It’s really meant to make sure that your child has financial security. Divorce can be an incredibly tough time for children and providing some semblance of financial security for them does ease the transition for them. However, we do recognize that you still have to see to your own needs, and that’s why…
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