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What if You Need Protection from Your Spouse?

June 23, 2020 by David Betz

If you are a victim of abuse, reach out to a trusted St. Louis family law attorney and find out what protections the court can afford you.

Divorce, though stressful, can be amicable between parties. However, there are times when a spouse poses a genuine threat. When this is the case, the court can grant an order of protection.

If you feel your spouse is a threat, or abusive, speak to your St. Louis family law attorney to learn if an order of protection is the right course of action for you.

Court Order for Protection

After consulting with your attorney, they will file an Ex Parte Order of Protection. The court will then review the evidence your attorney presents and decide if the order of protection is appropriate. At this point, they will declare what restrictions your spouse will face. As well, if you have children, the court will fashion custody and visitation around the order of protection. Afterward, you will need to renew the order of protection every six months to a year, depending on what the judge declares on the order of protection.

Throughout this process, you can help your attorney to create a better case in your favor. Testimony from therapists, doctors, responding officers, and experts can be extremely compelling to the court. As well, document specific instances of abuse when they happen. Having a running record will show a history of abuse. All of this will greatly assist your family law attorney when filing for an order of protection.

Are You a Victim of Abuse?

Divorce can be scary and stressful under the best of conditions, but abuse from your spouse is well outside of the acceptable threshold for anyone. If you are a victim of abuse, reach out to a trusted St. Louis family law attorney and find out what protections the court can afford you.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Jun 23, 2020 @ 2:28 pm

Will I be Awarded My Attorney Fees?

June 19, 2020 by David Betz

Family court can be a stressful process, and worrying about the financial implications can add to that stress.

Clients often ask, “Will the judge award me attorney fees?” The answer is, maybe. When your trusted St. Louis family law attorney represents you, they charge an agreed-upon and reasonable rate. The court has certain discretion when it comes to awarding your attorney fees.

When Attorney Fees Are Awarded

Of course, as with alimony, a dependent spouse may be awarded attorney fees if the court finds that their former spouse is capable of paying without undue hardship. Be sure to discuss your financial position with your Missouri lawyer openly. However, necessity is far from the only reason a judge may order one party to pay for some or all of the other party’s fees.

Historically, courts had ordered attorney fees paid when financial necessity was lacking. If one party unnecessarily drags out the legal process and results in substantial legal expenses, the judge may be inclined to award the other party in part or full. This should not be confused, however, with punishing either party. It is merely an attempt to maintain equilibrium and foster fairness in the system.

Talk to Your St. Louis Family Law Attorney

Family court can be a stressful process, and worrying about the financial implications can add to that stress. Knowing what questions to ask can make all the difference throughout the process. Speaking openly with your attorney ahead of time can help you to understand what to expect. If you believe you need a lawyer, reach out to your trusted St. Louis family law attorney and find out what to reasonably expect for your case.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Jun 19, 2020 @ 2:31 pm

How to Make Payments When Life Throws You a Curve Ball

June 12, 2020 by David Betz

You cannot simply cease to pay child support but your Missouri family law attorney can petition the court to reopen your parenting plan.

Life happens. Sometimes it is a happy occasion, the birth of a child, a promotion, or you win the lottery. Other times, it is a major medical complication, loss of employment, or other potentially devastating events. What does one do when confronted with hard times? If you are a non-custodial parent, it can add complications when budgeting for child support. A trusted St. Louis family law attorney could help guide you through this unfortunate chapter in your life.

Hard Time Paying Child Support or Alimony

Child support and alimony are based on multiple factors. These include, but are not limited to, length of the marriage, financial dependency of your former spouse, age of children, medical needs of both your children and former spouse, housing, and education. However, your needs are also part of the equation. How much is your car payment, what is your rent or mortgage, do you have medical expenses. The court does not expect you to spend more on support and maintenance than your monthly salary. So, if you find yourself in a rough patch that is unlikely to change, your family law attorney may be able to petition the court to lower your obligations.

You cannot simply cease to pay child support. However, the courts recognize non-custodial parents have expenses and must be able to provide for themselves. If you find yourself out of work, or in some other bind, contact your lawyer immediately. Your Missouri family law attorney can petition the court to reopen your parenting plan.

At this point, it may seem hard; how do you justify paying for an attorney when you are facing financial difficulty? There is no easy answer, but the truth is, your lawyer will work with you and help reshape your plan. If your former spouse is now working, you may be able to lessen your alimony. Maintenance is designed to give a dependent spouse time to get on their feet. Speak to your lawyer and see if they believe the court may lower maintenance in response to changing circumstances.

Discuss Your Case With Your Family Law Attorney

Financial troubles are scary and are something most adults will experience at some point in their lives. The worst thing you can do is ignore the problem. Face it head-on, protect your rights and access to your children. If you are facing hard times, reach out to your trusted Saint Louis Family law attorney and get the advice and counsel that can help alleviate your burden; and, most importantly, guarantee that you do not face more difficulty through inaction.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Jun 12, 2020 @ 3:32 pm

What to Do When You Cannot Find a Social Security Number

June 5, 2020 by David Betz

An experienced St. Louis family law attorney can help you through this aggravating hurdle.

It is necessary, in Missouri, to know the other party’s Social Security Number when filling in family court. What happens when you do not have that information? An experienced St. Louis family law attorney can help you through this aggravating hurdle.

It may seem funny; how can you not know your spouse’s Social Security Number or the Social Security Number of your child’s parent? But it happens more often than you might think. People grow distant, or perhaps you never shared a home. In these situations, it can become an impediment to filing in a Missouri family court.

Locating the Documentation You Need

The first and easiest step is to ask your child’s parent or former spouse for their Social Security Number. Of course, this is not always an option. In that case, try to find an old copy of their tax return forms. W-2’s, 1099’s, and other such documents all contain a person’s Social Security Number. If you ever filed jointly, your tax accountant should be able to provide you with a past copy of your return. Again though, if you never shared a home with your former partner, it may make it hard to find such documentation.

At this point, your local attorney can petition the court to file without your former partner’s Social Security Number. If they are either apprehensive about providing their Social Security Number, or you are unable to contact them, your St. Louis family law attorney can ensure that your custody case, child support, maintenance, or divorce proceeding can move forward, with minimal delay.

Contact Your Family Law Attorney

Obviously, in a perfect world, we would always have the paperwork necessary to file right away. Unfortunately, we do not live in an ideal world. Thankfully, your experienced family law attorney has seen this before and can advise you on how best to approach any issues that may arise.

At The Betz Law Firm, we are committed to guiding our clients through the court process with the same level of professionalism that we would wish for our family members. We are aware of the trust our clients place in us with the future of their family, and we strive daily to earn it.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Jun 5, 2020 @ 3:40 pm

What to Do If the Judge Seems to Be Favoring Your Spouse

May 28, 2020 by David Betz

Divorce court decisions should be made by applying laws and past case decisions to facts that are presented at your trial.

The object of the dispute in a family lawsuit is a very delicate matter as it can have a significant influence on the lives of the spouses and their children. One cannot treat a divorce case with generalized judgment, as each case has its unique set of circumstances and development to which both parts need to adapt and react in the best possible way. That said, no divorce should be settled by a judge who chooses to follow their preconceptions about family, gender dynamics, or society instead of following facts and defending the interests of all parties involved.

Unfortunately, there are some cases where the judge seems to favor one side over the other. Often, traditional gender roles are applied to situations where the family dynamic is different. This incompatibility of the judge with the type of family he has in court may lead to an imbalance in the justice system, as one spouse gets more than he or she may be entitled to, and the other is robbed of his or her rights.

Going in front of a judge and laying your conjugal life in front of them and waiting for their decision regarding your life after a marriage can be tough. Few divorces can be considered easy, but when you seem to be discriminated against by a representative of the law, it is a battle for your rights. What can you do when the judge appears to favor your spouse in the divorce case?

Are You Going through a Custody Battle? Spend Time with Your Children

If you believe that it’s in your children’s best interest to have you in their lives, either as a split custody parent or a full custody one, then you need to show irrefutable evidence that you are already an important part of their lives. Spend time with them daily and be involved in what they do. Go to school meetings and sports games, participate in their little projects, and know their routine.

If you think the judge is favoring your spouse based on a gender bias, you can contact a discrimination board and bring the problem to their attention. Show them that your gender is not preventing you from being a good parent for your children and break the mold of gender roles.

Do You Feel That You Are Disadvantaged in Any Way? Act Your Best

When you are seen through the lenses of prejudice or other bias, what you do can be interpreted and distorted to fit that paradigm. Don’t feed that persona presented by the biased judge. Avoid any possible association with that pattern of behavior, even if you need to censor perfectly valid emotions or responses. Reformulate answers that might be considered aggressive or accusing and stay out of conflict.

Questions About Your Divorce Case? Ask a Divorce Lawyer

At The Betz Law Firm, we are committed to guiding our clients through the court process with the same level of professionalism that we would wish for our family members. We are aware of the trust our client’s place in us with the future of their family and we strive daily to earn it.

Our firm’s goal is to assist families in need to navigate their way through these important, life-changing events. Whether it be a divorce, relocation issues, or questions of paternity, our team of compassionate lawyers will be at your side, offering our guidance and support.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

May 28, 2020 @ 3:45 pm

There’s an Error in My Final Decree – Can I fix It?

May 20, 2020 by David Betz

A Nunc Pro Tunc order is applied when there is a clerical error in the final decree of a case.

If you got to the end of your divorce and, after all the negotiating and court hearings, you notice an error in your final decree, you might feel frustrated and worried. If it is different than what you and your former spouse have agreed on or different from what the court ordered, then you should get in touch with your St. Louis divorce attorney as soon as possible. You can report the error and correct it through a Nunc Pro Tunc.

Let’s see what a Nunc Pro Tunc is, when it can be applied and how to proceed if you are in this situation.

What Is a Nunc Pro Tunc?

A Nunc Pro Tunc order is used when there is a clerical error in the final decree of a case. It can be used even after the 30 days have passed after the Court Judgement has been entered, making it final in the state of Missouri. The key to using the Nunc Pro Tunc order is that it can only correct clerical errors, and it must not be used for a decision that requires “judicial reasoning and determination.”

Examples of Clerical Errors

Since the key to applying a Nunc Pro Tunc is a clerical error, you need to understand what that means before you put your hopes in this order. When it comes to divorce cases, clerical errors can affect many aspects of the final decree, from the financial settlement to child custody.

Here are some clerical mistakes that can be corrected with a nunc pro tunc:

The Assigned Roles Are Wrong: For example, the decree says that the father has the right to determine the child’s residency, when in fact it is the mother who got this exclusive right
The Numbers Are Wrong: This may happen quite easily in a divorce since the division of assets can be tricky in many cases. Check all the numbers mentioned in the final decree, and file for a Nunc Pro Tunc if something is off.
Child Support Payments Are Not Correctly Defined: A clerical error might state that the child support payment is higher or lower than the real one, so check these numbers carefully.
Misspellings: The statements in a judicial document need to be correct and clear to anyone who would read that document. Misspellings or vague expressions that make the document subject to interpretation can be fought through a Nunc Pro Tunc.

Discuss Your Case with a Divorce Attorney

As you can see, the examples of clerical errors are all a consequence of a human mistake in defining the final settlements in the decree. If you notice such clerical errors in your final decree, contact your St. Louis divorce lawyer and point out the mistakes. They will help you discern if indeed there are mistakes correctible through a Nunc Pro Tunc, and they will help you proceed with an order to fix the final decree.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

May 28, 2020 @ 5:40 pm