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Adopting a Step-Child in Missouri

September 6, 2019 by David Betz

Missouri family law provides a few avenues for adopting a step-child.

It is not uncommon after a divorce to remarry. Many times, this can lead to a strong relationship between step-child and step-parent. In fact, sometimes you and your step-child may wish to formalize the relationship through adoption. As with all custody matters, it is important to discuss your this with a trusted St. Louis divorce lawyer. They can help you decide if adoption is a reasonable option.

Requirements of Adopting a Step-Child

Missouri family law provides a few avenues for adopting a step-child. The easiest, of course, is if the non-custodial parent waives their rights and consents to the adoption. At this junction, your family law attorney will then file the proper paperwork, submit any related fees, and begin the process of adoption. In the case of an abusive non-custodial parent, your attorney can petition the court to remove the custodial parent’s rights, but this is generally a lengthy process.

If the custodial parent has been absent for twelve months or longer, your attorney can petition the court to approve the adoption without consent of the natural parent. However, should the non-custodial parent make contact, seek to visit, or have custody of your step-child anytime during a twelve-month period, the clock resets. If you and your spouse have found the child’s non-custodial parent to be absent for twelve months or more, speak to a Missouri family law attorney.

Why Do Step-Parents Seek to Adopt?

There are a few reasons why you may be interested in adopting your step-child. Adopting a step-child can make inheritance and insurance issuance much simpler. As well, it can also be a way to separate a minor child from an abusive non-custodial parent. Or, perhaps the child wishes to take on the same last name as their step-parent. Although this last point does not require adoption, it is an avenue to reach the same destination. Also, worth noting, should the custodial-parent pass on unexpectedly, adoption ensures that your step-child will stay under your protection without a lengthy court battle. Finally, and perhaps most obvious, the bond of love between step-child and step-parent has grown so strong that both you and your step-child want to formalize that trust and endearment legally. All the above are valid reasons to pursue adoption.

Adoption, even when consented by the custodial-parent, is a complex legal process. It is important to speak with an experienced Saint Louis family law attorney to help ensure you navigate the complex road ahead. Give us a call today at (314) 801-8488.

Sep 18, 2019 @ 1:23 am

What Will Child Support Pay For?

September 4, 2019 by admin

Here is a general explanation of what child support is actually paying for.

If you are in the middle of your divorce or preparing for one and you have minor children with your spouse, you’re probably worrying about custody arrangements and child support payments.

Child support represents recurrent payment supported by one of the parents, usually the one who spends less time with the child (non-custodial parent) to the parent who is the primary care-giver to financially support the child’s upbringing and care. The payment is usually done monthly and it depends on a number of factors, like the paying parent’s income, the number of children they share with their spouse, other responsibilities they might have, etc.

The child support amount and conditions depend from one case to another, but they all must oblige to the laws of the state the divorce takes place in. In Missouri, you have specific child support guidelines that will be applied.

What Does Child Support Pay for?

Here is a general explanation of what child support is actually paying for.

Paying child support for your child or children does not mean that you are the only one providing for the child. The other parent, who has custodial rights, is presumably providing for the child by default, giving shelter, food, all the necessary materials for education, and healthcare. You participate with your child support payment since you do not live with the child to share the amenities.

The judge can order payment for a range of expenses, from covering basic needs to providing extra comfort or benefits to your child or children.

How Is It Calculated?

The calculation of the child support payment is complicated, and it will depend on the judge’s conditions as well. Parents will complete a form or use an online calculator, where they provide complete information about their income sources and other guidelines in the state legislation.

In addition to this calculated monthly payment, you could be required to contribute to extraordinary expenses like private schooling or medical costs that are not covered by the insurance. These calculations will take your own financial status, so if the initial calculations are exceeding your survival means, they will be re-evaluated by the court.

Changes may intervene in the parents’ lives after the court orders a certain arrangement. You can lose your job or the other parent may remarry. These are all factors that can lead to modifications of the child support payment calculations.

What Can You Do?

If you are confused about the Missouri state laws concerning child support payments and you want to make sure that your rights and best interests are represented, speak with an experienced St. Louis divorce attorney. They will make sure that your child support payments leave you enough money to support yourself and other codependents you may have. However, you must know that Missouri, like all the other states, puts the child’s interest first.

Give The Betz Law Firm a call today at (314) 801-8488.

Sep 17, 2019 @ 7:52 pm

What’s the Holiday Child Possession and Visitation Schedule in Missouri?

September 2, 2019 by David Betz

Nobody likes to think about their family separating. However, the truth is that roughly 50% of U.S. children will go through their parents getting divorced.

If you and your spouse get divorced, Missouri law requires you to form an official parenting plan where you lay out the specifics about where your child will live, the school they will go to, and a visitation schedule.

This plan is generally required regardless of the type of custody you want, such as joint custody or sole custody, so make sure to discuss every detail with your St. Louis divorce attorney.

What the Schedule Should Include

The parenting plan needs to be very specific so that the courts can know their ruling will be made in the best interest of the child. As for the visiting component, the plan needs to include:

A standard schedule that shows how much time you’ll be able to spend with the child, both during the week and weekends.
A holiday schedule accounting for all major holidays, and special days like birthdays, Mother’s or Father’s Day, or other days important for the child or their family.
A schedule for all their school vacations.

Additionally, your plan should lay out which parent gets which holiday, a plan for the child’s transportation, how to handle any possible changes in the schedule, as well as how to handle contact with the child when they are residing with the other parent.

What Missouri Law Says

Missouri does not have any laws regulating what the custody visitation schedule needs to look like, but the court’s decision will be based on what’s best for the child.

Parents who create the schedule together generally will have no problem getting it approved. However, if you and your former spouse cannot agree on a fixed schedule, then the courts will establish one for you.

There are some principles the courts will follow when deciding a visiting schedule:

The child has the right to frequent visitation to spend time with both parents
Joint custody is considered as the optimal option in custody hearings. Sole custody is usually only granted when one parent is considered unfit to take care of the child
Age, sex, or financial status of the parent is not relevant in establishing the visitation schedule
The child’s best interest will ultimately be the decisional factor in these cases.

What Should You Do?

A custody issue, even when both parents agree to do it amicably, is not an easy process. Emotions tend to run high because of the delicacy of the situation. At this time, it’s best to work with a St. Louis divorce lawyer who can help you and your spouse find a middle ground regarding the holiday visitation schedule.

Your lawyer will be the objective voice throughout the entire process and have your and your child’s best interest in mind. Additionally, they can help prepare you for any custody hearings in front of a judge.

Sep 17, 2019 @ 7:29 pm

6 Things You Can Do to Make Your Divorce Go Smoothly

August 8, 2019 by David Betz

Whether you are about to get a divorce or you are already mid-way through the rollercoaster, there are plenty of actions you can take to smooth out the process.

It’s easy to understand how the divorce process can be emotionally straining for both of you, so having the right tools to cope can make a big difference.

Having a good divorce lawyer by your side that can help you deal with your emotions efficiently may be one of the most important steps to take when you are going through a divorce. Easier said than done, isn’t it? Well, let’s break down this goal into 6 smaller, achievable tasks.

Handle Your Strong Emotions

Divorce can be emotionally traumatic for people who are directly affected, mostly the spouses and their children. Strong emotions may come to the surface in the context of a battle for your assets, custody of your children, etc. When you feel anger, resentment, and panic all combined, you can say things you don’t really mean or lose your credibility. If you are struggling with this, it may be beneficial to see a therapist, your pastor or anyone who can help you manage your stress.

Assess Your Financial Situation

Part of the stress one feels during the divorce is directly linked to the changes in their financial status. It is time to assess all your income sources, properties and investments you made during the time of your marriage. Depending on the state, the division of assets will be done differently, so make sure your St. Louis attorney is knowledgeable in Missouri’s laws.

Limit or Avoid Social Media

Keep it classy, and consider limiting or staying away from social media while your divorce case is ongoing. Remember that what you post on your social media profiles could be used against you by your spouse’s attorney.

Protect the Little Ones

When there are minor children involved, divorces can be even more devastating. Protecting the feelings of your children should be the number one priority for both you and your spouse. Don’t put unnecessary pressure on their shoulders and keep their routine as unchanged as possible. They will be having a hard time too, so you as parents should do your very best to be there for them and soften the blow.

Stay Civil

No matter how wrong your spouse was towards you, speaking badly about them, offending them or launching threats will only damage your case in front of the court. Stay civil and neutral when interacting with your spouse, and don’t respond to provocation.

Provide What is Needed for the Case

Follow your attorney’s instructions closely and provide all necessary documentation for the case. Things that may seem trivial at first can help your case, so trust the experience of your attorney when making decisions or developing a strategy.

Be Determined to Follow These Steps

These seem to be reasonable steps to take, but divorce can bring the worst out of people. Staying civil and collaborating with your attorney and the court will put you in a good light and smooth out the process so you can begin to move forward with your life.

Aug 28, 2019 @ 4:59 pm

5 Financial Factors to Keep in Mind When Planning a Divorce

August 1, 2019 by David Betz

One of the most pressing issues that a divorcee must face is often a drastic change in finances.

Planning a divorce can be extremely stressful, especially if you and your spouse aren’t on amicable terms. One of the most pressing issues that a divorcee must face is often a drastic change in finances. When separating your life from your spouse, all your belongings need to be split between the two of you, and that may leave you with a financial outcome that you did not expect.

Here are five financial factors to keep in mind and be prepared for when planning your divorce.

Analyze Your Financial Status Before the Divorce

When assessing your financial situation through a divorce, it is important to have a good idea of what will change after your separation is settled. If you want a correct evaluation, then you should know precisely your pre-divorce status is. If you want to have a professional assess your situation, you may consider working with a Certified Divorce Financial Analyst: this is exactly what they do for a living. They will know how certain agreement terms will affect your financial status in the near and long-term future, and they can offer advice based on all the information they have. Your St. Louis divorce attorney can help you get in contact with one.

How Will the Marital Real Estate Properties Split Between You?

Often, the most valuable marital asset of a couple is the house they live in, and any other real estate they own. When you have to split the place you have called “home” for many years, things can get emotional. It is important to be rational about splitting real estate and choose the best option for you, whether it is being left with the house or being paid a certain amount of money for it.

What Happens to the Debts You Had as a Couple?

The debts that you had as a married couple will generally be split between you just as any asset would, even if it is a debt associated with a property that your spouse will get to keep. It is very important to have records on all credit cards, mortgages and other debts that may have to be dealt with after the divorce.

How Will Taxes Be Calculated after the Divorce?

After the divorce, you cannot file taxes jointly. You need to change your status to “single” or “head of household,” depending on whether the minor children are left in your custody or not, or if you have other dependant family members to support (like married children you claim as dependants or your parents.)

Who Will Pay Child Support and/or Spousal Support?

This is another delicate and important financial issue to settle during a divorce: who will pay spousal support and/or child support? This depends a lot on the financial status, each spouse is left with after the divorce and the custody agreement that will be in place when you split.

If you have more questions about your financial status after a divorce, get in touch with an experienced St. Louis divorce lawyer and gather as many records as you can about your monetary situation and properties. Give us a call today at (314) 801-8488.

Aug 28, 2019 @ 5:39 pm

Does It Matter Who Files for Divorce First?

July 10, 2019 by admin

Depending on your circumstances, taking the first step and filing for divorce may put you at an advantage and give you better control over the outcome of the separation.

It’s odd to talk about getting the upper hand when it comes to a life moment so sensitive and complicated as divorce. However, having an advantage over your soon to be ex-spouse can save you a lot of emotional and financial stress.

You may think that it’s really not that important who files for divorce first as the outcome is the same regardless: you get separated from your partner. However, here is how making the first step can potentially benefit you.

**You Have the Time to Find the Right Lawyer**

If your spouse files first, you will be served papers. Missouri law then gives you 30 days to respond. This often leaves a person scrambling to find a lawyer to take on their case. If you file first, you will have the time you need to find a St. Louis divorce attorney who will represent your best interests and help you achieve the best possible outcome.

You Have Time to Gather All the Needed Documents

A divorce is a bureaucratic hassle. If your partner files first, then you will spend time and money trying to gather all the financial and legal documents required. If your spouse refuses to provide some of them, then things can get overly complicated and costly.

If you file first, then you will have enough time to prepare all the documents needed and save yourself money and your mental sanity.

You May Have the First Choice of Court

Divorces are filed for and settle in the jurisdiction both or one of the spouses live in. If you have property both in Missouri and Florida, for example, you may be surprised to learn the differences in the law regarding child custody, division of assets, spousal support, and so on. Moreover, if your partner moved to another state and they file for divorce first, then you will likely have to follow the laws of that jurisdiction. All that can work to your disadvantage.

You Have Time to Prepare Yourself Emotionally

Filing for divorce first comes with emotional benefits too. If you are in a toxic or abusive relationship, taking the first step can feel empowering. You have the time to come to terms with the fact that your marriage ended and take action. Instead of reacting to your spouse filing first, you are in control of your own life and destiny. And, you need that kind of mindset during a difficult and stressful period like a divorce.

Speak With an Attorney

There will be lots of variables that you can’t control or foresee. Taking the first step and filing for divorce may put you at an advantage and give you better control over the outcome of the separation.

Discuss the pros and cons of filing for divorce first with an experienced St. Louis family law lawyer and decide together what your next move should be. Give The Betz Law Firm a call today at (314) 801-8488

Jul 11, 2019 @ 5:48 pm