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COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast

COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast

DadsDivorce sponsor, Cordell & Cordell, is producing a podcast series examining how the Coronavirus pandemic is affecting specific family law issues.

Each week, the firm is hosting a free weekly webinar about COVID-19 and divorce. In the podcast, Cordell & Cordell divorce attorneys dive deeper into one of the specific topics covered in the webinar.

In the latest episode, Cordell & Cordell CEO Scott Trout and divorce attorney Will Halaz III examine how child support and alimony payments might be affected by the pandemic.

Across the country, employees are being laid off and furloughed as businesses take hits due to stay-at-home and quarantine orders. What happens if you face a sudden dramatic change in your income or employment status but are still facing monthly child support or alimony payments?

Mr. Trout and Mr. Halaz discuss this topic and more in the latest episode.

Click the link below to listen to the full episode. Also make sure to subscribe to the podcast on iTunes or whichever podcast app you prefer.

The post COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast appeared first on Dads Divorce.

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Men’s Divorce Podcast: How COVID-19 Impacts Child Custody

Men’s Divorce Podcast: How COVID-19 Impacts Child Custody

In the latest episode of the Men’s Divorce Podcast, Cordell & Cordell CEO Scott Trout and divorce attorney Charles Hatley discuss how the COVID-19 pandemic is impacting child custody issues.

Cordell & Cordell is currently hosting a series of free weekly webinars covering how the Coronavirus is affecting divorce cases. Men and fathers across the country are facing uncertainties like never before. To help answer some of the most frequently asked questions, Cordell & Cordell is producing a series of podcasts that take a deeper dive into some of the issues covered in the weekly webinars.

In this episode, Mr. Trout and Mr. Hatley look at how the pandemic is affecting a number of issues related to child custody such as how to arrange custody drop-offs when a shelter-in-place order is in effect.

Click the link below to listen to the full episode. Also make sure to subscribe to the podcast on iTunes or whichever podcast app you prefer.

The post Men’s Divorce Podcast: How COVID-19 Impacts Child Custody appeared first on Dads Divorce.

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co-parenting during COVID-19

Coronavirus and child custody: Co-parenting during the pandemic

co-parenting during COVID-19

As a parent, you want to spend as much time with your children as humanly possible. You want to watch them learn and grow, as the years pass. Even after a divorce, you still are able to enjoy precious moments with them during your parenting time.

However, with the Coronavirus Disease (COVID-19) pandemic that has swept the country, your parenting time may become part of the uncertainty.

While you want to maintain the World Health Organization recommendations regarding social distancing, hygiene, and sanitation, you still should be able to observe regular parenting time during this difficult time. However, your co-parent may be making that more difficult.

From a safety standpoint, it is understandable that your
co-parent is concerned over the prospect that your shared children may catch
the virus, or that you may while they are in your care. Additionally, many
areas of the country have shelter-in-place orders that prevent unnecessary
travel.

However, that does not extend to child custody drop-offs or
pick-ups.

Issues with shelter-in-place
and custody travel

According to Cordell & Cordell family law attorney Charles Hatley, residents are required to stay indoors except to perform certain necessary activities. These activities include buying food, seeking medical treatment, banking, and laundromat services. This also includes any travel necessary to enforce a court order and for purposes of caring for a child or family member.

Therefore, the shelter-in-place orders, or stay-at-home
orders, do not impact your right to parenting time, whether there is actually a
custody and parenting time order. However, that does not mean the other parent
will not misconstrue or try to abuse these orders in an attempt to block your
access to your child.

You may be like many parents during this coronavirus crisis who
are being forced to miss scheduled parenting time because of a co-parent who
feels honoring the court order is unsafe.

Facing parenting
time denial

During a recent webinar, Cordell & Cordell CEO, Executive/Managing Partner Scott Trout and Partner Dan Cuneo discussed how the coronavirus has been impacting regularly scheduled parenting time, and they spoke about the challenges that fathers have been facing as they deal with the ramifications of existing and legally-binding custody schedules no longer being upheld.

“If you are being denied time, there still may be remedies
available to you,” Mr. Cuneo said. “We want you to reach out and contact an
attorney and discuss what are your options, what do we need to do. It could
depend upon the jurisdiction that you’re in. There are essential remedies
available to you, and we want to make sure that you’re not being taken
advantage of and that you’re not sitting back and missing out on time.”

Additionally, this webinar detailed how this type of situation is being handled in several areas of the country. For example, in California, where the shelter-in-place order has been in effect since March 19, family courts are emphasizing the use of common sense, according to Cordell & Cordell Lead Litigator Jason Hopper.

“The standing order from almost all of our courts are that
the existing orders are to be followed,” Mr. Hopper said. “Parenting time and
is deemed essential travel. It’s not within the confines of the shelter in
place rules.”

Filing with family
court still possible

While there may be logistical issues involved in the family
court process during this shutdown associated with the coronavirus pandemic, you
and your family law attorney still are able to file in your state.

“In-person court is banned, so if you have a case, where you are supposed to be seeing your children and your ex-wife has cut you off, we can’t run full throttle into court to file anything and get in front of a judge immediately,” said Cordell & Cordell Litigation Partner Kristin Zurek. “But our courts are still open for filings, so it’s important to know that if something is going on and you want to bring it to the judge’s attention, go talk to your lawyer. You have the ability to upload pleadings to the court.”

While the court may be receiving filings, you may need more,
in order to incite action from the family courts under these circumstances. You
may need to illustrate that this is an emergency situation.

“The judge’s determination needs to be whether or not this
is an emergency that requires a phone conference or a video conference to deal
with it or if it’s something that’s going to have to wait until court reopens,”
Ms. Zurek said.

While the courts may find that the situation is not deemed
to be an emergency, it still is worthwhile to file, offering the court
documented evidence of how much you care about your children.

“It’s still important to get that on file as soon as possible, because you don’t want strategically, the court saying when court is back in session ‘Well, you must have not thought it was that important, because you didn’t file anything,’” said Cordell & Cordell Litigation Partner Kelly Burris. “It’s important to get things on file and see what options you have.”

Child support
challenges

Additionally, issues surrounding child support may arise
during the coronavirus pandemic that may require legal attention. Much of the
population is experiencing financial hardship, and many are expected to lose
their employment. If you do lose your job or find yourself with some sort of
wage reduction, how will you support your children and pay the court-ordered
child support during this challenging time?

“If you are facing a job loss or a wage reduction, one of
the first, most practical things you can do without involving an attorney is to
approach your employer and ask if they will be providing any qualified disaster
relief payments,” Mr. Hopper said. “Typically, when an employer provides any
type of compensation or benefit to an employee, that’s going to be a taxable
event. However, there are provisions within federal code and Internal Revenue
code, as well as in many states’ revenue codes that allow for employers to
provide to employees when there is a disaster declaration, like there is
currently nationwide, qualified disaster relief payments.”

While this may partially assist your financial situation,
you still must deal with the child support order itself. Given the
circumstance, seeking legal assistance may be the only way of navigating these
complex waters and avoiding the piling up of payments that you can no longer
afford.

“Consult with an attorney,” Mr. Hopper said. “You likely
have modification rights available to you.”

If you do not pursue modification, the child support
payments do not go away, just because you no longer have a job or because of
the coronavirus pandemic. You still can find yourself facing hefty child
support payments that if ignored, can become overwhelming, especially with your
children caught in the crossfires.

“You have to file your modification immediately,” said Cordell & Cordell Litigation Partner Rick Julius. “If things change and you don’t find it to be financially beneficial to you once the courts get open, you at least, have that decision down the road. Pennsylvania courts [Mr. Julius’ licensed state] are only going to go back as that modification filing date, in order to do that. It may end up that when it gets heard, that the financial situation has corrected itself and you may be entitled to retroactive modification of that time period.”

Parent, co-parent,
and monitor the situation

With all of the health and economic uncertainty caused by
the coronavirus pandemic, it is necessary for you to learn as much as possible
regarding your state’s family court system and how they handle emergency
situations. That way, if you find yourself facing unemployment with a large
monthly child support payment, or a co-parent who refuses to adhere to the
parenting time issued by the court, you know how to react.

It also is important to understand the perspective of your
children during this pandemic. They may be confused or scared, and as a parent,
it is necessary for you to take time for them, explaining to them the situation
in terms that they understand and monitor their wellness as much as possible.

If it is possible to remain amicable with your co-parent
during this time, do so. Communication and cooperation are necessary components
to co-parenting during normal situations, but with the coronavirus pandemic, it
becomes even more crucial that you put the needs of your children first, before
any animosity.

While this may be an instance of uncertainty, it is necessary for you to monitor the situation from a legal perspective and contact your family law attorney if you feel that changes need to be made.

Related coronavirus coverage:

Free Webinar: Can the Coronavirus Affect Custodial Rights? How Divorces and Parenting Time May Be Impacted

Can I make up lost parenting time due to the COVID-19 pandemic?

Does a Shelter-in-Place Order Limit my Right to Parenting Time?

The post Coronavirus and child custody: Co-parenting during the pandemic appeared first on Dads Divorce.

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The Effects of COVID-19 on Child Custody Matters

The Effects of COVID-19 on Child Custody Matters

Originally published by Francesca Blackard.

By

As cases of COVID-19 are continually popping up in the North Texas region (currently 155 confirmed cases in Dallas County and growing) and with the recent “Stay Home Stay Safe” Order that went into effect at 11:59 PM on March 23, 2020, parents are scrambling to find reliable answers to their questions regarding possession schedules and quarantine, as well as concerns about child support. These are questions that are relatively unprecedented in today’s world, and with the courts recently ruling on several of these topics, this blog seeks to provide helpful updates during this difficult time.

In its March 17, 2020 emergency order, the Supreme Court of Texas, ordered that court-ordered possession schedules remain in accordance with any original published school calendar regardless of the newly extended Spring Breaks or school closures. This order is effective until May 8, 2020 or until further notice. However, as the situation continues to ramp up, and fears about this pandemic are at an all-time high, many parents want to take precautionary measures to keep their family safe.

Various concerns have arisen regarding possession schedules when one parent is quarantined for possible contraction of COVID-19. The Dallas County family courts have recently released a statement encouraging parents to keep open lines of communication with and one another and to make all decisions with the well-being and health of the child as the primary concern. This communication should include notifying the other parent of any exposure to or a positive diagnosis of COVID-19, as well as discussing any actions necessary to ensure the child’s safety. Unfortunately, disagreements regarding the custody or possession of a child may arise, and it is imperative that you consult with your attorney to discuss questions about establishing alternative schedules before making any decisions with your co-parent or ex-spouse
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Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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Resources to Help Deal With Child Support After Divorce

Resources to Help Deal With Child Support After Divorce

Though you may be in need of financial support, it’s not always easy to understand the ins and outs of child support if you’ve never had to deal with it before.

The post Resources to Help Deal With Child Support After Divorce appeared first on Divorce Magazine.

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Divorce Care: 8 Ways to Help your Child Deal with your Divorce

Divorce Care: 8 Ways to Help your Child Deal with your Divorce

Explain your divorce to your child in the simplest way possible. They do not need the sordid details of why you are separating or who broke whose heart.

The post Divorce Care: 8 Ways to Help your Child Deal with your Divorce appeared first on Divorce Magazine.

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child visitation after divorce

Child Visitation After Divorce: How My Narcissistic Ex Is Using It Against My Children

child visitation after divorce

 

My divorce never hit me. I was contently past all the stages of grief on the day of my divorce. I was free and so eager to start anew. (I even agreed to attempt reconciliation with my ex post-divorce, but that’s a story for another day.)

Some months later, I moved back to the town I had grown up in. My boys, then seven and eight, moved with me. It felt great to be starting fresh and to be surrounded by family and my childhood girlfriends again.

My boys and I did get the I’m-so-sorry-face from everyone we knew. But despite the catastrophe that others saw, I was relieved, happy, and shame-free to be divorced. I could breathe again, and my life was my own again. Or so I thought…

Given my move, I had agreed to my ex-husband, aka WASband, seeing our boys virtually every weekend and agreed that he could have the boys visit him at his home 400 miles away on any given weekend.

Child Visitation After Divorce

My ex abused my trust.

My WASband turned our flexible visitation agreement into a nightmare for my boys. He insisted that every visit be in Los Angeles in his world. I had agreed to this and he had a legal contract to enforce it.

So, our children traveled from San Francisco to Los Angeles and then back again three to four weekends each month during the school year.

He didn’t care that virtually every Friday his children spent four hours or more traveling to him and four hours or more on Sundays traveling back.

He didn’t care if the children were sick.

He didn’t care if they missed the one and only birthday party they got invited to.

He didn’t care if they weren’t making friends at their new school.

He didn’t care if our son cried and cried over not being able to compete in his once-a-year Tae Kwon Do championship.

He didn’t care if their Friday flight was canceled by the airline. He made them take the 6:00 am flight on Saturday morning only to fly back on Sunday.

He didn’t care if the children were exhausted from all the travel.

He didn’t care if they couldn’t join the basketball team because of weekend games.

He just didn’t care. It was a zero-exceptions contract that I had agreed to.

My WASband’s words were, I am NOT willing to spend my custodial time in Northern California. There was intense hatred towards me in that single sentence. Each time I asked for some flexibility for our children, those words were written back to me in bigger, bolder font along with, My position hasn’t changed.

I had made a huge mistake.

I had willingly given a narcissist full discretion to decide where and how he spends time with our children assuming that he would be reasonable when it came to the children.

I don’t know if he saw their tears. I wiped them.

I don’t know if he heard their screams. Some days that’s all I heard.

He denied their pain. I couldn’t.

I don’t know if he realized their isolation. I saw it.

Over and over I begged a father to accommodate his children’s needs. Each time he refused.

There came a time when my children cried, I know the answer is no. The answer is always no. Then came a time when they no longer asked.

My ex now controlled the boys with custody.  

Spending his time with his children in Los Angeles trumped all else. He was blind to their physical health, their social development, and their emotions. He had to have control: It’s okay for [our son] to miss a birthday party in order to spend quality time with his father.

Of course, nothing was preventing this father from accompanying his son to this one and only birthday party that his son had been invited to all year.

And my ex also controlled me with custody.

When I mailed out a birthday card over summer break and asked my WASband to give the card to our son, my ex responded, “You should do that personally, meaning during your own custodial time.”

This was emotional abuse at its worst.

The control and emotional abuse I thought I had escaped resurfaced like a newer, stronger virus. This time, while aimed at me, it was infecting our children. The children weren’t doing well socially or emotionally.  Despite multiple pediatricians’ recommendations for immediate therapy for our children, my ex refused to consent.

Since the divorce and move my older son had begun to break out crying and screaming for no apparent reason. Of course, I knew the reason; he wasn’t coping well with his parent’s separation.

He was eight-years-old at the time and completely non-verbal about our divorce. He didn’t want to talk, or discuss, or listen to anything related to his mom and dad no longer living together.

Over the course of a year and a half, even after two pediatricians independently witnessed my older son have such an emotional meltdown including throwing himself around the room, my WASband maintained that my son didn’t need therapy.

The emotional outbursts became more frequent, became more intense and shifted from crying and screaming to also verbally threatening his family and physically hurting those around him.

Family court was a game of poker.

With no other resolution in sight, I turned to the Court for help. My children were in danger if nothing changed.

That journey through Court was long, expensive, and made unreasonably longer and more expensive by my ex on the other side. (During our eight-year marriage my ex had been in constant litigation all eight years; he sued all his business partners from multiple businesses, a dentist who voluntarily admitted a mistake, and an employee of a Fortune 500 company knowing the company would pay him damages just to avoid litigation).

I should have known better. My ex had no qualms or limits in abusing the legal system. He was an eye-for-an-eye man once he convinced himself that you had slighted him.

So, my ex showed up in Court with thick, oversized, zero-prescription eyeglasses and a bow tie to complete his geekiest Caltech persona. A charming serial entrepreneur with 20-20 vision (the one I had married) now sat disguised as a nerdy engineer in an effort to explain away his complete inflexibility in co-parenting his children.

He claimed he was an engineer who was scrambling to make ends meet and whose employer had been loaning him money for personal expenses. The fact was that he owned the company he worked for!

He showed virtually no income and no assets all the while affording private flying lessons, affording aircraft rentals, and paying his parents and extended family from business profits.

And so, a game of poker with the judges ensued. The first judge had enough common sense and provided temporary relief for the children from all the travel. This judge saw the thousands of pages of written communication between my ex and me as a complete breakdown of communication.

But he retired. Then a second judge with a completely different common sense, had me pay my ex’s attorney fees and didn’t bat an eye at the amount of travel our children were doing between San Francisco and Los Angeles.

This new judge wanted proof to correlate sickness to excessive travel. Common sense wasn’t good enough. This new judge saw the thousands of pages of written communication between my ex and me as normal negotiation.

This judge saw my wealth against my poor Caltech-graduate WASband with his fake glasses and bow tie, who had no car in his name, no property in his name, who for years had paid his company’s profits to his extended relatives.

In retaliation to me going to Court, my ex had convinced himself that he needed $30,000 per month to support our children. And since he could afford neither a car nor housing, he wanted me to now support a new lifestyle for him, complete with private jet travel, five-star hotels, and much more.

A third judge put an end to my ex’s non-sense; my WASband got his child support but an amount which I proposed to the Court based on facts instead of exaggerations. Disappointed with this outcome, my ex filed two more cases trying to get exorbitant amounts of money from me.

Those cases, while dismissed, still took an emotional and financial toll. I’ve learned now that it’s a matter of time before my WASband sues me again.

Court was a two-year war. And war is never good.

One of my sons got therapy after two years of jumping through all the Court’s hoops. My children’s travel was slightly reduced and many smaller issues were resolved. Yet the Court was fooled by a narcissist.

The Court didn’t approve therapy for my younger son because I didn’t have any evidence for its need. So, now a year later when my younger son says, “I will kill myself,” and my WASband still refuses therapy for him, am I to return to Court?

The Family Court that deals with divorced families and children couldn’t see this coming? I could.

This Court that also ordered my ex to spend the first weekend a month in Northern California because it coincided with the Tae Kwon Do schedule didn’t think to make it an order that my WASband actually take the children to these Tae Kwon Do events.

The Court couldn’t catch the narcissist in disguise. How am I to point out this mistake to the Court? With another trial and 2-year battle? No thank you.

Life, Uh, Finds a Way.

For nearly three years now, my children have been traveling between San Francisco and Los Angeles nearly every weekend. Yes, it’s hard and unheard of, but the one weekend each month we have together is better than ever.

We miss most of the special school events, but we did go to one dance last year and I caught my boys on camera doing the Floss with their classmates!

We do miss most of the special Tae Kwon Do events, but every now and then the stars line up and we get to go to the one we get to go to!

We do miss most family get togethers, so now many of my nine first cousins go out of their way to have our children meet.

For over two years now, my WASband has been telling our children: Your mom is a liar. Her entire family lies. It’s her fault; she’s the one that divorced me. He shows them snippets of court documents to prove his story with evidence.

Sadly, my nine and ten-year-old children are versed in court vocabulary including evidence, exhibits, credibility, and legal contracts. My WASband tells my older son:  You go to therapy because you have mental problems. Your mom forced you to go to therapy.

You’ll be in therapy for your whole life.

You need to lose weight. You need to get in shape.

Are you trying to gain weight?

He tells our children: Do you have any Indian friends? I’ll arrange a playdate [on my visits to San Francisco] if your friends are Indian.

This type of abuse attacks every aspect of their lives. There may never be a respite from this.

My children began coming back to me on Sundays, especially after long holidays, and telling me: You’re a liar. A big fat liar because you don’t have any evidence. Daddy has evidence. I was caught off-guard, hurt, and defensive.

My co-parenting counselor (not to mention others) advised me to open up to my children, but mostly all I could say was: These are adult issues. Children shouldn’t be worried about these things. I will tell you when you’re seventeen or eighteen. Your Daddy loves you, but some of these things he is doing and saying are wrong. And he may never change. You have to be stronger.

After two years of this, there are still new frustrations, more confusion, and deeper wounds but my children are finding their way. They tell me: Mommy, you have to be stronger!

And I am stronger because I chose to be free. My marriage was bad and the aftermath of my divorce worse, but I am free. I’ve begun to learn to allow myself to resign all outcomes to a higher power when I need to.

I’ve learned that there’s nothing that can break me. I’ve been shattered more than once, and I’ve gotten up to collect and put myself back together each time. I don’t hate my ex; it’s as if my body or mind or soul has decided that this person doesn’t deserve even my hatred.

I pray for his peace of mind, I tell my children to send love towards Daddy, and I’ve never been one to pray. Whenever I remember, I tell my children to say something nice about someone else each night.

I’ve learned to hug and cuddle. My children wonder: Why have you gone all lovey-dovey. I suppose it’s because love is all that remains for me.

The post Child Visitation After Divorce: How My Narcissistic Ex Is Using It Against My Children appeared first on Divorced Moms.

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common mistakes in child custody cases

5 Common Mistakes Made In Child Custody Cases

common mistakes in child custody cases

 

Getting a divorce can be a taxing and tenuous task for all parties involved but can be even more so when your child is involved. When the couple split up in a divorce with a child, the issue of child custody comes up.

Child custody cases resolve who will take care, custody, and control of the child. This can be assigned to one or both parents. A parent with custody of a child takes care of their upbringing, education, place of living, and even scheduling time with the other parent if necessary.

However, no matter how your divorce case plays out, there are many mistakes you can make that can affect your custody case over your child. If you are dealing with a divorce or custody case and need a divorce lawyer, contact us at Simonetti & Associates to help represent you.

Common Mistakes in Custody Cases:

When in a custody case, you would want to do everything you can to achieve a favorable outcome. However, there are some mistakes that you can make that will sabotage your chances of a good outcome from your child custody case.

If you are looking for quality representation to help you in your custody case, finding the right divorce lawyer can make or break your case. Some critical mistakes made in custody cases include:

  • Getting too emotional– Losing your cool, yelling, threatening, or any other signs of violence can be used in the case against you and ruin custody rights you may have been able to get otherwise.
  • Abusing Social Media– Openly criticizing your spouse or bad-mouthing them on social media platforms will reflect poorly on yourself, and can be used against your case in court.
  • Forgetting to put your child first– The court will always prioritize what is best for the child over everything else, and you should do the same. Even if you do not like the other parent, if it would be best for your child to get some time with them then you should consider the options. Or if you want to move to another area, but doing so would harm the child’s life in some way, you may want to reconsider.
  • Manipulating the child– manipulating your children against the other parent will only make it more difficult for them to cope with the situation, which will impact your chances of a beneficial custody case.
  • Not working with a former spouse where you can– Divorces aren’t always easy or pleasant, but outright refusing to work with a spouse can reflect negatively on your abilities as a parent. No matter how you feel about your former spouse, you should try to be open about working with them to create the best possible solution for your child.

Why a Divorce Lawyer Can Help

Divorce cases can become complicated and emotional and can be very taxing on your day to day life while in one. But to get favorable custody, you should try to be calm, reasonable, and responsible. Working to assure the best possible future for your child is the goal of custody court, and should be yours as well.

A divorce is never an easy circumstance to face in life. Not only are you parting ways with someone who you once loved deeply, but you must face an assortment of issues that go along with divorce, such as custody battles.

During this deeply stressful time, it can be difficult to make important decisions with a clear head. That is why the help of a divorce lawyer is critical in helping you win your case and facilitate all important matters regarding your divorce. Take the time to find the best representation for your case so that you can walk away knowing that you did everything you could to reach a proper settlement.

The post 5 Common Mistakes Made In Child Custody Cases appeared first on Divorced Moms.

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No One Can Touch My Retirement For Child Support or Alimony, Right?

No One Can Touch My Retirement For Child Support or Alimony, Right?

Retirement funds are not all safe from being taken to satisfy child support or alimony/spousal support obligations.

The post No One Can Touch My Retirement For Child Support or Alimony, Right? appeared first on Divorce Magazine.

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Child Custody Attorney

Child Custody in Texas: Who Can Claim a Child on Their Taxes?

Originally published by stark.

Child Custody AttorneyFollowing a divorce or separation, parents need to determine who will claim their children on their taxes. As the Internal Revenue Service (IRS) explains, only one parent can claim a child on their taxes. If both parents try to claim a child, it will cause problems. In this article, our Texas child custody lawyers explain the most important things separated parents need to know about the rules for who can claim a child.

The Parent Who Has Primary Physical Custody Has the Right to Claim the Child

Under IRS rules, the parent who has primary custody of a child has the first right to claim that child on their tax return. For example, if your child spends 75 percent of their time with you and 25 percent of their time with the other parent, then you have the right to claim your child on your taxes. When primary custody is clear, there is little dispute over who has the right to claim the child.

Tiebreaker: Parent with Higher Income Should Claim the Child

In some cases, parents have a genuine 50-50 custody arrangement in place. The IRS has developed a basic tiebreaker rule to deal with this: The parent who has a higher income for the tax year in question should claim the child. Often, the parent with the higher income will gain a larger tax benefit from claiming a child. This can free up some extra money in tax savings, which can be used to support the family as a whole.                                                                

It May Be Financially Advantageous to Allow the Non-Custodial Parent to Claim a Child

To be clear, a parent with primary custody does not necessarily have to claim their child on their taxes. In some cases, it will be advantageous for both parties to have the non-custodial parent claim the kids. For example, if the custodial parent has relatively little taxable income — at least in comparison to the non-custodial parent — they may not be able to fully utilize the benefits of child tax deduction and child tax credits.

In this situation, both parents can attach Form 8332 to their tax return. By doing so, they will be able to seamlessly allow the non-custodial parent to claim the child. Transferring the right to claim a child will sometimes free up some additional tax savings — which can be split between the parties or used to directly support the child. You do not want to leave money on the table: Make sure you and your former spouse/partner are using tax child deductions/credits in the most effective manner.

Get Help from Our Texas Family Lawyers Today

At Orsinger, Nelson, Downing and Anderson, LLP, our Texas family law attorneys are committed to protecting the financial interests of our clients. Our lawyers are consistently ranked among the best divorce and custody attorneys in the state. To arrange a strictly confidential initial consultation, please contact our legal team at (214) 273-2400. With offices in Dallas, Frisco, Fort Worth, and San Antonio, our family law practice serves clients throughout Texas.

The post Child Custody in Texas: Who Can Claim a Child on Their Taxes? appeared first on ONDA Family Law.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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