Category: Family Law
Can I Change My Child’s Last Name During a Divorce?
August 8, 2013 | Elizabeth A. SchadingThere are many reasons why a parent might wish to apply for a name change on behalf of a minor child during a divorce. Usually, this desire would come from a wife who wishes to revert back to her maiden name and who wishes the child to carry the maiden name as well. In order to do this you will almost always need the permission of the other parent. However, there are exceptions. Several factors will be taken into account. As usual, the courts will try to determine what’s best for the child. To this end, the court will ask several questions, including: How long has the child gone by the current last name? How will changing the child’s last name affect his or her relationship with both parents? If the child is old enough, what name does the child prefer? Is there a degree of community respect or notoriety associated with either name? Given those considerations neither the name change nor its denial are a “done deal,” especially if there really are compelling reasons why the child might be embarrassed or harassed for bearing the marital surname. What would cause embarrassment or harassment? One example might be in cases where the spouse was involved in a very public criminal case that is…
Read MoreHow to Avoid Problems with Your Child Support
August 5, 2013 | Elizabeth A. SchadingIf you are the parent who pays child support, this may bring along with it a certain amount of anxiety. While you certainly want your child to be comfortable and safe you also have a new monthly financial obligation. Getting behind on your child support can carry some severe legal consequences. However, did you know that most child-support problems aren’t necessarily caused by a lack of funds? After all, the court assesses child support on a formula that already takes your income into account. While you may not enjoy the same standard of living that you used to, child support is not supposed to keep you from paying your rent or buying your groceries. Therefore, as long as the court understands how much you make, child support is usually a manageable percentage of your income. Most people actually run into problems with child support when they fail to keep the court appraised of changes in their circumstances. They change jobs, get laid off, or get a reduction in salary. Then, they fail to inform the courts of any changes. The old child support bill keeps right on coming, and the payer gets behind. Once the support obligation is in arrears it gets much more difficult to handle. Courts don’t retroactively reduce the amount…
Read MoreMy Divorce is Simple, Can I Do It Myself?
August 1, 2013 | Elizabeth A. SchadingUnfortunately, rarely is there such thing as a “simple” divorce. Problems can arise both during the initial divorce process and after the divorce as circumstances begin to change. For example, let’s say you and your spouse have already agreed on a visitation schedule. That’s great! However, you could leave out things that could become severe points of contention later. For example, you might forget to specify who gets the child for the holidays. Because you used DIY divorce forms there may be nothing in the divorce decree which addresses this issue one way or another. Suddenly you and your ex are caught up in bitter fights about Christmas and Thanksgiving, with no resolution in sight and one spouse perhaps holding an unfair advantage over the other. Now, if you’d like to fix the issue and nail down the matter of holidays you’ll need to go right back to a divorce lawyer, attend mediation or file the matter with the courts, and get it resolved the right way. Fixing your mistakes will end up costing you far more money than simply getting the job done right the first time. We’re not just telling you this because we’re attorneys. We’ve seen these kinds of problems again and again. It’s always easier, quicker, and less expensive…
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