Category: Family Law
What Can I Do If There Are Problems With Parenting Time?
February 4, 2013 | Elizabeth A. SchadingWhen a court sets a parenting time schedule the order represents a set of mandatory instructions regarding parental access to the child. That doesn’t mean the situation will be perfect. Problems with parenting time are common, though not all of them will be cause for any changes to the visitation schedule. Some problems may simply need to be dealt with, no matter how unfair it may seem. Problems often include the following scenarios: Game playing. The spouse makes parenting time difficult or unpleasant. The spouse may be late for drop-offs and pick-ups, may fail to pack necessary items or may fail to return packed items. Inappropriate behavior. Sometimes the difficulty is the other parent’s behavior during the parenting time. The child may be interacting with questionable people or exposed to questionable things. Failure to give access. Some parents downright defy the court’s parenting time order. Sometimes they’ll start “switching up weekends” or playing other games with the schedule until the other parent’s time has been reduced. Failing to exercise rights. Sometimes the problem is getting the spouse to actually exercise parental rights. Some spouses simply aren’t interested, and fought for parenting time primarily to reduce their child support. This can be frustrating for the other parent and traumatic for the child. If the…
Read MoreHow Much Child Support Will I Pay?
January 31, 2013 | Elizabeth A. SchadingThere are no hard and fast answers to this question. Every case is different. Many factors affect the amount of child support that you pay. First, the courts will look at your employment status and your spouse’s employment status. This isn’t always straightforward since one or both of you might be self-employed, underemployed, or unemployed. Second, the courts will look at how much money both parents earn. There are also adjustments for the amount of parenting time each spouse will share, and that varies from case to case. Daycare and health insurance expenses will be considered. Don’t rely on online child support calculators, charts, or the rumor mill to try to get estimates of what you’ll pay. They can only give estimates, and the estimates themselves are only good if you’re making the right assumptions while entering the data into the computer. Remember, too, that while child support can feel like an unfair monthly bill or a punishment, it’s neither. It’s really meant to make sure that your child has financial security. Divorce can be an incredibly tough time for children and providing some semblance of financial security for them does ease the transition for them. However, we do recognize that you still have to see to your own needs, and that’s why…
Read MoreElectronic Communications and Divorce
January 21, 2013 | Elizabeth A. SchadingAlmost everyone has gotten used to sharing most of their lives online, but it can be a bad idea during a divorce. Increasingly, text messages, emails, and social media data are winding up in front of judges as evidence. For example, the American Association of Matrimonial Lawyers reported in 2012 that 94{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of them had seen text messages used as evidence. Often, clients don’t even realize how much they’re giving away when they use these mediums, especially social media. Remember, if you put it out there online it is fair game and often not as private as you think it is. You should also remember that you don’t always have control over what goes out there. If your friend snaps a picture of you with a big beer in your hand, posts it online, and tags you, then you often have little recourse to get it removed. Here are some examples of the types of social media evidence which could impact your divorce case, especially in custody battles : photos of alcohol and drug use; photos of your kids in inappropriate places; discussions of your new boyfriend or girlfriend; evidence that you had overnight dates while the children were staying with you; vengeful or threatening comments; activities which violate your divorce order; information…
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