Showing posts with label Support Obligations. Show all posts
Showing posts with label Support Obligations. Show all posts

Monday, February 24, 2014

Divorce Warrior: Post-Apocalypse Survival Tips

(This article also appears on Huffington Post.)

You’ve made it through to the other side. Both you and your spouse signed the settlement agreement – it’s got those fancy notary stamps, and every page of every copy was properly initialed. The judge signed the final order or judgment, and the county clerk stamped it. Everything’s official.

That darn agreement took months, maybe years to negotiate and finalize. The court papers? They followed what feels like a lifetime of anguish. Yet, after all that, you’re not completely sure you know what you need to do next. The agreement is longer than The Bible, and full of legal gibberish. The court papers have the same problem.

You think of asking your lawyer to distill everything to its comprehensible essence, except you don’t want to prolong that relationship or add to the already ridiculously high legal fees, right?

I can’t say I blame you.

But after enduring and surviving the nightmare (see my recent blog post, Divorce Warrior Survival Tips, also published on HuffPo), you do not want to run the risk of violating what cost so much money, so much heartache, and so much energy to finalize. Your head might reeling, but it’s still on your neck. So let’s keep it there, okay?

Here are ways to sort through the mess, before you heave those nasty papers into your bottom drawer:

Parenting Time

Enter the days and times in your computer/phone calendar as far out as you can.
If you’re not a techie, buy a five-year planner and manually enter the dates.
The dates should include all ‘notify by’ dates.
Try color-coding your time versus your spouse’s/partner’s.
Include important school and camp dates as soon as they’re available (e.g., teacher conferences, plays, due dates for forms, parent events, etc.).

Forms

List every form that still needs to be exchanged, now or in the future.
Those could include medical information forms, educational and camp forms, passports, changes of address, insurance, and estate documents.

Notification Information

List all necessary addresses, telephone numbers and email contacts.
Those may include third parties like doctors, therapists, court officials, accountants, real estate brokers, and financial institutions.

Asset Transfers

Use your calendar to enter when and what remains to be done.
This could include dividing your bank accounts, notifying the human resources department about your pension and insurance information, advising account representatives to change the name on your accounts, working with your real estate broker to list your home, moving your personal property to the agreed-upon location, signing tax returns and tax refund checks, placing orders to exercise stock options, and paying or receiving funds.

Support

Calendar/list the amount of spousal support to be paid, specifying the starting and ending dates.
Same for child support.
Same for tuition, extra-curriculars and camp.
Note the percentages to be paid or received for medical, dental and professional fees.
*You may be unhappy with the award or agreement – in fact, it could infuriate you -- but until it’s changed by court order or agreement, it is binding.


The above is by no means comprehensive, but I hope it provides useful ideas for regaining control over your life.

Your agreement or decree is complicated -- I confess that most of mine have been guilty of both complexity and length. Lawyers on both sides of your case probably insisted on language, or litigated issues, that may still seem ridiculous to you; indeed, they may have been, although only those in the trenches of your case can opine on that.

But you’re done now. Really, you are. Don’t go back if you can help it. Your sanity -- what’s left of it -- depends on it, along with your remaining miniscule funds, and the two or three people who are still speaking to you. If your ex forces your case back to the lawyers and the courts, at least you’ll have a better handle on the results of Round One…

If all this is too overwhelming, you may well need to hold your nose and yank out your checkbook (again), to ask your lawyer or other professional for help in organizing the life ahead of you.

And then? Breathe, and live.


Wednesday, October 12, 2011

Divorce Lawyers Are As Bad As Obama

A political junkie like me laughs when a presidential candidates' debate is scheduled to air on an obscure, upper-register cable channel, like say, oh, the Bloomberg Channel (#105 over here in NY). I'm not that easily dissuaded - I WILL watch it, even if I have to stream it.

Not going to be watching it in silence, though. I mean, how can you sit still when an intellectual heavyweight like Michelle Bachmann blames the country's decade-long economic woes solely on President Obama (okay okay, he's a Democrat so it MUST be all his fault); when the effervescent, blunt Ron Paul gets interrupted when he starts scolding Republicans as well as Democrats for poor legislation; and when model family man Newt Gingrich overlooks Reagan/Bush de-regulation and overspending, and stiflingly high Reagan/Bush tax and deficit increases-- NO! it's Obama's fault!

Thank God for Republican Party unity. Thank God for political ambition.

Anything to derail Obama's reelection chances is clearly fair game, even if it means re-writing history or ignoring what's best for the country now. And I thought the vitriol was high during the Clinton years. But I digress...

My favorite comment - seriously - of the evening came from Rick Santorum, who cited "the breakdown of the American family" as a primary cause of economy disparities in the US. I heard heckling in the background when he said that (the noise distracted many of the candidates, including my favorite - Michelle, of course). Maybe the heckler was a married guy. Or a single mom who's doing just fine, thank you.

But Rick Santorum is absolutely right, as study after study and just plain common sense has shown. Single-parent households struggle far more than intact families. Santorum unfortunately missed the opportunity to lambaste the group that everyone, on all sides of the political spectrum, loves to hate. Had he done so, maybe he would have propelled his poll numbers out of the single digits.

I'm talking about divorce lawyers. Naturally. We're the ones who enable a person to dump his/her spouse out on the street. We bicker over the amount of spousal and child support. We defend the deadbeats who fail to meet their financial obligations to their ex's. We file actions to decrease monthly payments because our clients can't -or won't - afford them. Best of all, we rape family assets for legal and expert fees. We're bad bad bad bad people. (The clients share no complicity in any of this, of course....Here is where I have to give a nod to Herman Cain's call for personal responsibility.)

So you see, the widening gap between rich and poor is really our fault. We're as bad as Obama. Worse.

Rick, you blew it, buddy. At least you were on the right track.

Monday, September 19, 2011

Dissing the Judge Is Never A Good Idea

Two words: Joe Walsh.

Walsh, a Tea Party freshman Congressman, owes over $117,000 in alleged child support arrears, while stoking up the right-wing media over government spending, and calling out the President of the United States as a liar who is "in over [his] head."

He didn't bother to show up for his oft-adjourned child support hearing last week, because of his position as a Member of the House. (Not like he was actually doing something important in DC on the day of the hearing.) To which the Judge replied, “Well, he’s no different than anyone else.” The Judge's comment was actually consistent with the position taken by Walsh's, ummm, fourth(?) lawyer, that he's just like "any other average guy." You know, that average "Joe Sixpack" kind of guy who has trouble meeting his child support obligations.

Wait a minute.

Since when is the average American support obligor a deadbeat? And if it's so "average" (i.e. normal) to be a deadbeat dad, does that make it okay? (Note to Levi Johnston: Tea Party matron Sarah Palin won't mind if you skip paying child support to still-unwed Bristol.)

Child support orders can be onerous, and even downright nutty - Lord knows I've had a few of those issued against some of my clients. Sometimes they're far too meagre, I've had those, also. Sometimes judges actually do something about bizarre orders - although they usually don't. I've been on both sides of enforcement proceedings. Lord knows, they're an even bigger nightmare.

The thought of F-f-f-f-family Court makes my skin turn a nasty shade of green.

But in any event, you don't just ignore the damn court date.


http://www.youtube.com/watch?v=GLVjWkOfrsQ
Judge scolds Rep. Joe Walsh in child-support case with ex-wife - Chicago Sun-Times
http://thehill.com/blogs/pundits-blog/lawmaker-news/174695-joe-walsh-just-your-average-regular-deadbeat-dad-kind-of-a-guy
http://www.youtube.com/watch?v=IVPuWUZTYVQ

Tuesday, January 11, 2011

How To Duck Out Of Child Support

Some people just don't get it. You can't duck out of support obligations when the court has your credit card statements showing you've been blowing your money in Vegas on whores and gifts...And you sure don't carry a wad of hundreds around in your pocket!!

http://www2.tbo.com/content/2011/jan/07/071832/judge-scolds-contractor-who-drove-bentley-but-skip/news-money/

I can always count on my friend John Bloch from across the pond http://www.familylore.co.uk/2011/01/naked-truth.html to find the real gems!