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Supervised Visitation – How Does it Works and When Is it Necessary?

July 23, 2020 by David Betz

For your lawyer to successfully argue for supervision, you must prove that the other parent poses a severe threat to the safety of your child.

It is usual for a parent to worry about their children. A lot can lead to worry: summer camp, their first day at school, and all the other myriad of experiences we live through with them. However, your child’s non-custodial parent should not be one of your concerns.

If you are worried about the safety of your child when they are visiting their non-custodial parent, discuss your concerns with a trusted St. Louis family law attorney and learn about what remedies are available to you.

When Are Supervised Visits Necessary?

One such option is supervised visits. Supervised visits are not something the court orders lightly. For your lawyer to successfully argue for supervision, you must prove that the other parent poses a severe threat to the safety of your child. This can include drug use, mental illness, violence, or other issues that are at odds with the best interests of your child. After the court orders supervised visits, they will either assign a family member that both parties can agree on, or in extreme cases, a professional social worker.

It may seem counterintuitive to allow visitation when a parent is considered a potential threat to the safety and wellbeing of their child. Still, the court finds contact with both parents to be necessary for a child’s development. However, if a parent poses a severe risk to their child, the court does have the power to revoke visitation rights. Your family attorney can help you understand which path is the right one for you and your family.

How To Protect Your Child

No parent wants to put their child in a potentially unsafe situation knowingly. By coordinating with your attorney and the courts, you can help provide an extra layer of protection through supervised visits. This allows your child to have contact with both parents but in a monitored and safe environment. If you are concerned that your co-parent is a risk to your child, contact your St. Louis family law attorney at The Betz Law Firm and see what actions can be taken to ensure your child’s best interests.

St. Louis Family Law Attorney

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.

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

Jul 23, 2020 @ 3:12 pm

Questions About Child Support After 18 Answered

July 14, 2020 by David Betz

The good news is, with the help of your family law attorney, you can potentially extend support up to the age of 21.

For most seeing your child walk across the stage and receive their diploma is an exciting time. For parents of children receiving support, it can be bittersweet. Will your child still receive support? The answer, as is so often the case, depends on a few factors. The good news is, with the help of your family law attorney, you can potentially extend support up to the age of 21.

Support Can Extend to the Age of 21

In Missouri, child support ends when a child turns 18. However, if your child is enrolled for at least 12 hours of course work each semester, they are eligible to receive continued support. This can be in either a vocational school or a college. At this point, child support will continue through the educational program, or until your child turns 21, whichever happens first. The process is not automatic, however, and requires a coordinated effort from both you and your child.

To ensure that child support continues, your child must provide transcripts showing the classes and number of hours they are enrolled in each semester. As well, your child must also provide a copy of their grades. Failure to do so can put their child support at risk. It is essential to stay vigilant and make sure your child is providing you with these documents in a timely matter. Once you have everything, you should contact your trusted St. Louis family law attorney to submit all required documentation properly.

Contact a St. Louis Family Law Attorney

Your child’s graduation should and is a joyous time. Knowing how and when to submit the right documents properly is crucial to enjoying this moment thoroughly. Before your child graduates, contact your family law attorney and find out what you need to ensure their continued support in higher education.

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

Jul 14, 2020 @ 3:09 pm

What are the Benefits of an Uncontested Divorce?

July 7, 2020 by David Betz

Under the right circumstances, an uncontested divorce can help a couple end their marriage peacefully and with dignity.

Ending a marriage is never an easy process. However, there are more straightforward ways for a couple to divide material assets, deal with child custody issues, and handle other matters. When both spouses can end their marriage and arrive at a mutually acceptable agreement about their final divorce settlement, without going to trial, this is an uncontested divorce.

Lower Costs and Expenses

An uncontested divorce gives a couple a chance to end their marriage peacefully and with dignity. However, the most apparent advantage of an uncontested divorce is its cost. It is almost always the least expensive way of getting a divorce.

While it is always advisable to have an attorney when getting divorced, an uncontested divorce means lower court costs as well as lowered attorney fees.

Private and Confidential

While the negotiation statements are filed with the local court, it is not necessary for all of the disclosures and agreements made between the divorcing parties to be put on the public record. This means that negotiations, conditions, and personal statements are kept between the divorcing couple. Because it is not available for the public, it lowers the friction that may be brought about by external factors.

Faster Resolution

An uncontested divorce shows that a couple is concerned about their dignities. Conflict is eliminated, and the marriage is simply ended. Unlike going to court, an uncontested divorce settles all issues and lays out all of the terms for ending the marriage. Therefore, it is obviously quicker because there is no wait to schedule a court appearance.

Less Stressful

An uncontested divorce is less stressful than a contested one. If there is alimony, child custody, or infidelity involved, a contested divorce can get unpleasant. However, when a couple can come to an amicable agreement and file an uncontested divorce, there is much less stress involved. Also, a lawyer can assist with dividing the couple’s assets in a way that is fair for both parties and this helps reduce a stressful situation.

The Cons of an Uncontested Divorce

Each situation is different, and so there are some circumstances where an uncontested divorce is not advisable. For instance, if there is a history of domestic violence, emotional abuse, or some other inequality in power in the relationship, this generally leads to one spouse having an unfair advantage over the other.

If a couple cannot talk to each other without fighting or if one spouse refuses to have any discussion about the divorce, an uncontested divorce is not the right option.

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

Jul 7, 2020 @ 2:59 pm

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