Blog

St. Louis Divorce Attorney: Military Deployment and Divorce

January 4, 2021 by David Betz

If you are a veteran involved in divorce or custody proceedings or a spouse to a veteran, be sure to contact a St. Louis divorce attorney to understand your rights.

Divorce is never an easy process, no matter how much parties may agree. It requires an extensive allowance of time, energy, and often income. Court dates can be numerous, paperwork stacks up quickly, and constant contact with your attorney, spouse’s attorney, and spouse is necessary to conduct a divorce proceeding efficiently.

What happens if you are an active member of the military while on deployment? How do you represent yourself when you receive the notice of summons while overseas? Thankfully, members of the military are protected by the Servicemembers Civil Relief Act (SCRA).

The SCRA

In 2003 the United States Congress enacted the SCRA to protect active members of the military while deployed. It shields servicemembers from a range of issues; evictions, debt collection, and additionally in divorce proceedings. In fact, a petitioner declares whether either party is a member of the United States Armed Forces during the initial filings.

As a result of these protections, a veteran poses a somewhat curious case when summoned for court. If a civilian failed to appear for court, a default judgment would be filed against them. Military members on deployment can have default judgments set aside until deployment is over or even vacate them.

Understand Your Rights

It is important to know your rights, and an experienced St. Louis family law attorney can provide that critical information. If you are a veteran involved in divorce or custody proceedings or a spouse to a veteran, be sure to contact your trusted Missouri attorney and learn how to best plan around your unique circumstances.

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

Jan 22, 2021 @ 4:17 pm

I am Behind on Child Support – What Happens?

December 28, 2020 by David Betz

If a motion to modify is not the appropriate action, what can you expect your former spouse’s attorney to do?

What happens when a responsible parent cannot pay child support on time? Often, when one party falls behind child support, it is because of hard times. As discussed in past articles, there are methods through a modification of judgment that can lower child support. However, for short-term changes in circumstances, a motion to modify will not apply to the parent providing support. This begs the question if a motion to modify is not the appropriate action, what can you expect your former spouse’s attorney to do? Speaking to a trusted St. Louis family law attorney can shed some light during this uncertain time.

One of the most common answers to this problem is to request a garnishment, also known as income withholding. Through the court, your former spouse can collect support payments directly from your employer. The court can order up to fifty-percent of the next month’s child support to be credited against your paycheck until all support payments are brought current.

Of course, as with all things that include the court, this requires filing fees, attorney fees, and time. Your attorney may be able to broker a payment plan outside of the courts, thus saving you substantial time and hassle. With a signed agreement, you can assure your former spouse of an equitable payment plan. However, should your attorney be unable to find a mutually agreed-upon solution, your former spouse may once again seek garnishment.

St. Louis Family Law Attorney

If you are falling behind on support payments, do not hesitate. Speak to a St. Louis Family Law Attorney to determine if a motion to modify, or a payment plan, is in your best interest. At the heart of the matter, your financial obligations provide for your children. While the unexpected may come at the worst timing, it is your responsibility to make payments. If you find yourself unable, either in the long-term or the interim, be sure to speak to your attorney and find a resolution before it goes from a small issue to a court issue.

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

Dec 28, 2020 @ 4:03 pm

Everything You Need to Know About a Separation Agreement

December 14, 2020 by David Betz

A separation agreement helps both parties feel safe regarding their assets, debts, or parental issues, but it can be canceled if they decide to get back together or divorce.

When two married people decide to part ways, but they are not yet considering a divorce, a separation agreement is a solution to determine certain aspects of their lives concerning each other legally.

What Is a Separation Agreement?

A marital separation agreement is a legally binding document used to divide marital property, settle custodial issues, and other aspects influenced by this change in their marital status.

Often, a separation agreement is drafted before the actual divorce, while in other cases, couples decide to take this step and not eliminate the chance of reconciliation later. It is important to know that separation and divorce are not synonyms, but they should be treated carefully since they are legally binding.

Why Opt for a Separation Agreement?

While the reasons why a couple might decide to separate can be highly personal or influenced by external factors like finances, debts, etc., the following situations apply to most cases:

The two spouses are determined to get a divorce, but the prospect of a long divorce process pushes them to choose a separation agreement first.
The two parties decide to separate but still be married, whether for the prospect of a future reconciliation or the benefits they get as a married couple.

The benefits a separation agreement has, compared to a divorce, include a lower cost, less time to spend on it, flexibility, and the fact that it’s not a decisive decision. A separation agreement helps both parties feel safe regarding their assets, debts, or parental issues, but it can be canceled if they decide to get back together or divorce.

Conditions Included in a Separation Agreement

If you are interested in what kind of decisions can be legally settled through a separation agreement, here is a list of the most common items included in such a document:

Division of assets: deciding what happens to the marital assets shared between the two spouses
Benefits: a married couple has a series of benefits, socially and financially. These should be discussed in your separation agreement.
Child and spousal support: if one of the spouses is more dependent on the other spouse, they can be entitled to receiving spousal support. Child support for minor children must be settled too.
Debts and taxes: financial obligations that the two spouses have been sharing until the separation will be determined and agreed on.

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

Dec 14, 2020 @ 4:36 pm

How To Prepare for Your Divorce

December 8, 2020 by David Betz

Your trusted St. Louis family law attorney will understand the road ahead and ensure that your rights and the best interests of your children are protected.

For many people, the idea of preparing for divorce seems odd. How does one prepare for something they never expected to happen? Thankfully, your St. Louis family law attorney can help guide you through the early stages of your divorce.

The first step is asking, “is my marriage irrevocably damaged?” If you and your spouse believe your marriage can be saved, then a divorce is not the right answer. In this situation, you would likely file for a legal separation. However, whether filing a legal separation or a divorce, the following will be useful.

What You’ll Need

You will need to collect all the necessary documentation. Some of the items you will need include:

Your most recent paystubs for the last three months, three years of tax returns and w-2’s, as well as any documentation that may either prove your allegations or disprove your spouse’s assertions. By doing so, you are providing your attorney with a concrete narrative. While Missouri is a no-fault state, the judge may take into consideration inappropriate allocations of family resources. These can include money spent on a third partner.

If you have children, you will want to know how much is spent on childcare expenses. This ranges from afterschool activities, childcare, college funds, etc. Also, come prepared with copies of your bank statements, mortgage payments, car loans, and any other property of value or personal importance.

You will also want to know your spouse’s employer address, social security number, and bank account information. For many, this seems like an easy task. If you are not handling finances for the family, you may need more time to find and collect this data.

Contact a St. Louis Family Law Attorney

The most important step, of course, is contacting your local Missouri Lawyer. Through a consultation, you can get a better grasp of what to expect. Your trusted St. Louis family law attorney will understand the road ahead and ensure that your rights and the best interests of your children are protected.

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

Dec 14, 2020 @ 4:21 pm

What You Need To Know About Divorce With A Special Needs Child

December 3, 2020 by David Betz

When a divorce involves a child with special needs, the anxiety felt by parents can be extraordinary. But there are steps you can take to protect your child and yourself.

Getting a divorce in St. Louis is never easy, and if there is a special needs child involved in the divorce, things can be even tougher. The burden of planning for your child’s well-being, protecting their health, and ensuring they can continue to live a happy life is a heavy one.

But there are a few ways you can make the process easier. Below are some of the basics that you should know about divorce with a special needs child.

Work Things Out With An Uncontested Divorce

A contentious divorce can sometimes be unavoidable, but you and your ex should do your best to work things out with an uncontested divorce and put the well-being of your special needs child before your personal conflicts.

A divorce with a special needs child will require a lot of planning and some compromises. The closer you and your ex work together throughout the process, the easier it will be.

Consider Your Child’s Current & Future Medical Needs

One of the most important parts of divorce arrangements with a special needs child is working out a plan for your child’s medical needs – both now and in the future.

With the help of your lawyers, you and your ex will need to work out agreements about doctors, additional healthcare expenses that may affect child support & alimony, custody and living arrangements, who is responsible for providing medical care (taking them to appointments, etc.) and other such details.

Access & Eligibility For Public Benefits

Depending on their age and situation, children may be eligible for some public disability benefits before turning 18. You will need to consider your child’s eligibility for these benefits both as a minor and adult and ensure your child’s benefits are protected.

A useful tool for this is a Special Needs Trust (SNT), which allows you and your ex to contribute money to your child without affecting their ability to get means-tested benefits like Social Security, Supplemental Security Income, Medicaid, or Medicare.

Contact The Betz Law Firm

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. 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

Dec 14, 2020 @ 3:46 pm

Can a Non-Family Member Get Custody of My Child?

November 25, 2020 by David Betz

If you are preparing for a custody battle and you worry that a non-family member can get custody of your child, you need to realize that it is unlikely but not impossible for that to happen.

Families are not the same, and the dynamics that happen during a custody battle can stir up the lives of all the persons involved. Each case can have tricky nuances and hard decisions to take. With third-party custody claims – meaning that a person who isn’t the biological or adoptive parent of a child is claiming custody or visitation rights – the case gets even more complicated.

In Missouri, one of the basic principles in guiding the custodial settlement is that a child’s well-being is best kept if he is with his parents. Following this principle, it has been challenging for a non-parent to win a claim to custody, even when they had the child’s best interest in mind. However, there are cases when a person who is close enough to the child, without being a parent, can obtain custody or at least visitation rights.

If you are preparing for a custody battle and you worry that a non-family member can get custody of your child, you need to realize that it is doubtful but not impossible for that to happen.

When Does a Third-Party Receive Custody of a Child?

If you want to understand better where you’re standing, we will explain the circumstances that can lead to your child’s non-parent winning custody.

One of the most common situations that can end with that arrangement is when one or both parents are unfit, unsuitable, or unable to provide the proper conditions for the child’s well-being. If the parents have passed away or have trouble providing a decent life for the family, the child may end up in a third person’s custody, given that they can prove the relationship to the child is strong, and they have the means and best interest to offer them the best life possible.

Another possibility is to give third-party custodial rights without limiting the parents’ rights. For example, a grandparent may claim custodial rights, or at least visitation rights if they prove that their presence in the child’s life is important and beneficial to the minor.

Since we have mentioned grandparents, it’s important to know that they do have a better chance than any other non-parent to be allowed in a child’s life, but that doesn’t mean that they are the only ones who can claim the exclusive or partial rights to custody or visitation. A parent’s current spouse, a caregiver (like a nanny), or even a family friend could come forward and propose themselves as legal guardians.

St. Louis Family Law Attorney

In Missouri, the law favored the parents, no matter what, for a long time. Only being unfit or unable to provide for the minor could make you lose parental rights. Currently, if your particular case has complicated conditions and a third-party non-family member steps in, you need to defend your claims from them too.

If you are in this situation, contact a St. Louis divorce attorney with plenty of experience in family law and follow their advice to present your case in the best light possible.

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

Dec 1, 2020 @ 3:21 pm