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How Divorce Can Affect Your Buying And Selling Options

How Divorce Can Affect Your Buying And Selling Options

Divorce can cause a lot of financial stress, particularly if a couple is unsure of what to do with the marital home. Here are your options.

The post How Divorce Can Affect Your Buying And Selling Options appeared first on Divorce Magazine.

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Divorce Mediation Options in Vermont

Divorce Mediation Options in Vermont

Divorce mediation can give you more control of the outcome. And if you meet the income requirements, you can use the subsidy offered by the Vermont Judiciary.

The post Divorce Mediation Options in Vermont appeared first on Divorce Magazine.

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child support

Child Support: Options For Enforcement Against The Non-Paying Parent

child support

 

Success!

You’ve received an Order from the Court that requires your Ex to pay you child support each month, as well as an Order that your Ex pay some percentage of costs for things like extracurricular activities and extraordinary medical expenses for your child. The long legal battle is over, and you can rest.

Then, a few months later, the inevitable happens.

Your Ex does not pay.

Now what?

Options For Enforcement Against The Non-Paying Parent

Fortunately, for those parents who have been awarded child support and/or reimbursement for extracurricular or extraordinary medical costs, the law provides several options for enforcement against the non-paying parent (“Obligor”).

Unfortunately, this process can be confusing, and many legal practitioners – and even Judges – struggle to understand which options apply in certain scenarios. (In any case, a party may seek a Citation for Contempt against a party that has failed to comply with a Court Order, but the focus of this article is enforcement, i.e.; how to get money in-hand).

To provide some guidance on enforcement options, the most common scenarios are addressed below:

My Ex has been ordered to pay a specific amount of child support each month and has not made the payment(s).

Under Colorado law, a child support payment is converted into an enforceable support judgment on the day that it is due and not paid, and immediately begins to accrue interest at a rate of 12%, compounded monthly. In cases where payments have not been made for many months or even years, the amount of interest owed on the unpaid child support can exceed several thousand dollars.

However, the operation of law that converts a missed payment into a support judgment does not magically deposit funds into your bank account. In order to obtain actual funds from the Obligor, you will need to file a “Verified Entry of Support Judgement” with the Court reflecting the timeframe at issue, the amount that should have been paid, the amount that was actually paid, and the interest accrued thereon.

Once this document is filed with the Court, you may seek enforcement against the Obligor’s employer, bank accounts, and property by way of liens or a Writ of Garnishment. There are pro’s and con’s to each method of enforcement, however, it is important to remember that support judgments are not dischargeable in bankruptcy.

While it may take some time to recover all of the funds owed to you, you will continue to accrue interest on the principal amount owed and the Obligor is unlikely to escape ultimately paying the judgment over time.

In the case of garnishment with an Obligor’s employer, you will begin receiving payments directly from the employer each time that the Obligor receives a paycheck. However, Colorado law sets limits for the percentage of earnings that may be garnished, so you may receive smaller payments towards the total amount owed until that amount is paid off.

When garnishing a bank account, you will be limited in the amount that you recover by how much money the Obligor has in the account. For instance, if you seek to recover $1,000.00, and the Obligor only has $100.00 in the account, you will only receive $100.00 until/unless the Obligor places more funds into the account in the future.

Alternatively, a lien against property is a viable option and may result in a lump-sum payment, however, you may not receive the funds until the property is sold or otherwise transferred.

My Ex has been ordered to pay a percentage share of extracurricular expenses and extraordinary medical expenses but has failed to do so.

A distinction has been made, however, between amounts owed that are “sum certain,” such as the set monthly amount of child support, and payment of expenses that may fluctuate over time. Most often, this situation presents itself in cases where a party is ordered to pay a percentage amount owed towards extracurricular or extraordinary medical expenses for a child.

For example, if an Order requires that a party contribute 50% of the cost of extracurricular or extraordinary medical expenses for a child, the actual dollar value of that amount may fluctuate from month to month. Certainly, there will be months when there are no extraordinary medical expenses, and other months when there may be significant expenses (perhaps a child has broken an arm). The same is true for extracurricular costs.

This issue becomes even more complicated when there is specific language in the Court’s Order regarding notice to the other party about the amount of the expense, timelines, and requirements for exchange of receipts and/or invoices, and whether the agreement of both parties is necessary for the expense to be reimbursable.

When dealing with this scenario, the very first step is to ensure that you have complied with all of the notification and exchange of documentation requirements necessary under your specific Court Order. If you have done so, then any failure by the opposing party to pay the amount owed will result in a support judgment, subject to the same interest and enforcement procedures as described in the previous section.

However, because the amount owed can be subject to debate (the other party may claim that you failed to provide documentation or notice as required, or may even dispute the actual amount spent or owed), you cannot simply file a Verified Entry of Support Judgment and immediately seek enforcement. Instead, you must file a “Motion for Entry of Support Judgment” and request that the Court enter an Order awarding you the support judgment and certifying the amount owed.

In this scenario, the Obligor has a due process right to file a Response with the Court, disputing the amount at issue and/or your compliance with the notice and documentation requirements, and may even request an evidentiary hearing regarding these issues. Unlike enforcement of a “sum certain” amount of child support owed, you cannot seek a Writ of Garnishment or enter a lien against property in this scenario until you have received an Order from the Court regarding your Motion for Entry of Support Judgment.

However, once you receive an Order granting your Motion, you may seek the same enforcement options described above.

My Ex has failed to pay both the monthly child support amount AND their contribution to extraordinary expenses.

In the case that your Ex has failed to pay both a “sum certain” amount of child support and has failed to pay their portion of extracurricular and/or extraordinary medical expenses, you will need to seek enforcement under both options outlined above.

You will need to file a Verified Entry of Support Judgment for the amounts owed and not paid as specific child support, and a Motion for Entry of Support Judgement for any amounts that would have been subject to debate or fluctuation over time and seeking a Court Order establishing the amount owed as a judgment.

The post Child Support: Options For Enforcement Against The Non-Paying Parent appeared first on Divorced Moms.

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summer child care options

12 Summer Child Care Options for the Divorced Mom

summer child care options

 

Once I was divorced and did not have the financial resources I’d previously had to send my children to enriching or fun day camps and away camps, or hang out at a local pool with them all day long I had to sew together a patchwork quilt of summer child care options to get us through the summer while I worked.

It was always a near miss in which I was thinking, “Oh no, what will I do for this week or that week?” But, somehow, by using every single one of the options below plus some I may have forgotten, we made it through, mostly in one piece.

12 Options for Summer Child Care Options:

1. Counselor in Training: If your kids are 13 or 14, they may qualify for some counselor-in-training programs. I got my 14-year-old into one and it has served her well ever since (even though she opted not to continue that program the following summer). Most of these DO cost something. Swallow your pride and resolve to sit down with the financial aid application for these programs. We got an excellent deal. I did pay some of it, but my ex also chipped in seeing as he couldn’t babysit either.

2. Camps Offer Financial Aid: Even if you don’t think you qualify for summer camp financial aid, you might. I did not think I would, but I did qualify. No matter what the child’s age, there are camps all over the place and the issue is deciding which ones work for your kids and for your situation. Most of them offer scholarships and financial aid. Again, try to jump over the pride hurdle. And do your best to jump over the “I don’t have time to fill out the paperwork” hurdle. I say this in a loving way, of course. I had to give myself pep talks over and over again. I never liked asking for help, but, lo and behold, I needed help and so did my children. I did what I had to do.

3. Neighborhood Teens: Babysitters in my area make more than some of the divorced moms I know. However, one thing I have learned in business is that you can negotiate anything. ANYTHING! You just have to ask for what you need and tell people what you can and cannot afford.

4. Craigslist: Post for a sitter on Craigslist. I tried posting on college campuses but the youth in my area responded to the Craiglist posts. I had some excellent candidates. Of course, I couldn’t pay top dollar but they were still willing to work with me. Somehow, someway, you can find a sitter who will work within your parameters. This doesn’t come challenge-free, but you can find a solution—even if it is a stop-gap measure. One day I will write about the fiasco of hiring a sitter to pick up my 12-year-old child who refused to answer her phone and refused to be where she was supposed to be for pickup. That was one frustrated and unhappy babysitter. But, it worked for a little while.

5. Tweens can be Mother’s Helpers for Others: Line up mother’s helper gigs for tweens and younger teens. This worked for one summer with my middle child and has served her well.

6. Get a Job: I strongly suggested to my son that he get certified as a lifeguard. I had to make it all happen, but this has provided income for him ever since. Even now in college, he lifeguards on the side.

7. Swim Team: Swim team is a mixed bag. On one hand, your child gets good daily exercise and something to do. On the other hand, you’ve got those five-hour-long meets. And our teams wanted all parents to work the meets. Eventually, we had to bow out of that commitment. But for some of you, it might work out.

8. Grandma Camp!: First I had to package the idea of my kids coming to visit as “fun.” Then I had to package going to their grandparents’ house as a “vacation.” Somehow, when we could manage it, it all seemed to work.

9. Friends! I never would have thought of this one myself. However, I had several friends offer to have my kids come to stay for a week with them over the summer. Thank goodness for friends, is all I can say.

10. Vacation Time: Save your paid vacation time for summer as much as you can. It’s great to go away for holidays and all that but the summer is more pressing. You will probably be providing your own childcare for some of this time.

11. Dad Camp!: Don’t withhold time that the kids can spend with their dad. Use it! Let HIM do some of the work. You need a break. Also as a child of divorce, I can say that even though my dad was/is a piece of work and not the greatest dad, I still relished the time I spent with him. Parents can be jerks, but we still need them. Your kids will like extra time with dad as long as he isn’t truly neglectful (legal definition) or truly abusive.

12. Vacation Bible School: Hear me out on this one if you are not particularly religious. Most of the VBS’s I have observed operate much like any other preschool or daycare program. They color, they sing, the eat watermelon. It isn’t usually a bigtime dose of religion. And if you are desperate, churches are good for things like desperation. This is actually where they excel. They can be a safety net.

The post 12 Summer Child Care Options for the Divorced Mom appeared first on Divorced Moms.

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Custody Options for Non-Biological Parents

Custody Options for Non-Biological Parents

You have to prove you are truly in the position of a parent despite not being biologically or legally related to the child.

The post Custody Options for Non-Biological Parents appeared first on Divorce Magazine.

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