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What to Do When Child Support Is Delinquent

October 22, 2019 by David Betz

What do you do when your former spouse is late or ceases to pay court-ordered child support?

stressed single mother with bills to pay

It is a scary moment when you need to pay for school supplies or medicine, and a child support payment is not made. If this happens, it is a good idea to speak with your family law attorney as soon as possible. Your lawyer can determine if it is prudent to begin the process of income withholding through your former spouse’s employer.

If your former spouse is behind by an amount equal to one month of child support, the court can order garnishments, also known as income withholding. This process requires the employer of your former spouse to directly withhold and disperse monies owed for child support. Additionally, they may order up to fifty-percent of the next month’s child support to also be credited, until such time that the payments are caught up.

Be sure to speak to your divorce attorney before acting. Your attorney may be able to work out a payment plan outside of the courts. With a signed agreement you and your former spouse can come to an equitable agreement. However, should your lawyer be unable to broker a repayment plan, you do have options within the court system. At this point, your attorney may request the court to directly acquire the due funds through your former spouse’s employer.

If you are not receiving child support funds on time contact your St. Louis family law attorney. They will walk you through the process of negotiating repayment, or directly withholding income through an employer. Your children are important, and an experienced attorney will work to ensure that they receive the support due to them.

Give us a call today at (314) 801-8488

Oct 22, 2019 @ 2:36 pm

Why You Should Update Your Will After a Divorce

October 1, 2019 by David Betz

The aftermath of a divorce echoes in all aspects of your life, from the custody of your minor children to your financial situation, business plans, real estate, and so on.

Divorce is a major change in your social and legal status and you need to make arrangements to adapt to your new life. One of the things you should consider updating after a divorce is your will.

Changing the Executor of Your Will

One of the first modifications is to change the executor of your will it is currently your former spouse. Being an executor is a huge responsibility and you should nominate a person you trust, and who can carry on with the executor duties. In Missouri, the state generally revokes authority roles from your ex following a divorce, so be prepared to choose some alternatives for the executor role.

Property Included in the Will

After the division of assets, you may (almost surely) not have the same property included in your will. Some of it is now owned solely by your ex-spouse, so it should be removed from your will. Following the same principle, if you have gained some properties through your divorce, you might want to include these in your will.

Guardian Nominations for Minor Children

If you and your spouse have minor children, you should revise the guardian role after you get a divorce. It will serve as a strong argument if something happens to you and you want your children to be raised by your own family. This should be discussed with your attorney.

How to Change Your Will in Missouri

You can change your existing will through a codicil. A codicil needs to be witnessed by two-three adults who are sound of mind. If this proves to be too complicated, you can just cancel your existing will and write a new one.

What Happens If You Don’t Update Your Will?

If you don’t get to update your estate planning documents after your divorce, the state of Missouri will generally govern who will inherit your property and who is left with responsibilities such as being an executor or guardian to your minor children.

The details of your will are best discussed with an experienced attorney. They will guide you toward the best decision for your children and the other persons in your life that you would want to inherit your property. Discuss the details surrounding your divorce with an experienced attorney by calling The Betz Law Firm at (314) 801-8488.

Oct 21, 2019 @ 9:13 pm

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