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Fairness in Child Support: Keeping the Divorce Process Agreeable

Thu, 28 May 2020 13:31:48 GMT

The emotions felt during a divorce can intensify when the discussions turn to children and finances. Disputes may arise during otherwise friendly divorces once child support enters the agreement. Every couple reacts differently and has different needs, so it benefits everyone to consider the variety of ways to decide on a fair support amount.

Follow Court Orders

A judge can order an amount for the non-custodial parent to pay to the other parent. The non-custodial parent pays an amount based on their net income, and then adjustments may take place based on various factors. In Illinois, some factors could include future college expenses, the emotional needs of the child, and the couple's prior standard of living.

The decision to use this method saves negotiation time. It takes some stress away from the custodial parent because they do not need to request an amount. It also takes away control from both parents who may not always agree with the amount for many reasons.

Using standard support amounts is a suitable option for parents with custody who do not believe their former partner will agree to any request they make for support. The court order uses the guidelines established by law, so it takes place with no bias towards either parent.

Customize by Need

Not every custodial parent will need as much support as a court may order. Many things can affect how much financial help people need. A custodial parent may work from home or move in with their parents, so they may have lower than average childcare costs or housing expenses. Some parents may need much more than the law recommends.

A non-custodial parent may struggle to make ends meet. Personal expenses like student loans or medical costs could put them at the poverty level if they also owe a large child support payment. Consider that of the 15 million unpaid child support cases in the United States, around 70 percent of the debt belongs to parents who make under $10,000 per year.

Some couples may find it preferable to agree on an amount together based on needs and ability. The agreements only work when non-custodial parents share the responsibility fairly. Decisions like these still need to take place with help from a lawyer or judge to ensure legal documentation of the agreement.

Adapt Over Time

Some couples may prefer flexible support amounts that allow regular changes throughout the year. Or the agreement may require people to negotiate again as personal circumstances change. Detail allowable adjustments in the court documents, and insist that any changes not listed will require an additional mediation agreement in a lawyer's office.

Examples of changes could include when a non-custodial parent completes their student loan obligation and has more money available. A parent may have children with another partner and can pay more when the other children turn 18. Support payments may even go on hold through the summer as the child spends more time with the other parent.

Agreements should also include emergency-based increases. Extreme situations like a sudden disability of a custodial parent or a health crisis for the child could increase financial need. A support agreement can include either a plan for the non-custodial parent to pay more or to at least allow negotiations for an increase to take place.

The U.S. has 13.6 million custodial single parents, and only about half have a child support agreement in place. Every custodial parent should expect the other parent to contribute to the care of their child. At James D. Bass, Attorney at Law , we believe that support agreements should take priority during a divorce. Our firm can help. Contact us today to schedule an appointment.

4 Ways to Have Healthy Communication Through a Divorce

Wed, 29 Apr 2020 15:27:30 GMT

A divorce involves a lot of mixed emotions, including anger and sadness. Even with so many hard feelings, proper communication goes a long way to help the divorce process and end things smoothly.

Learn about ways to communicate and proceed through your divorce without the need to create unnecessary stress or upsetting situations. Every couple is different, but each step will help you reach agreements through the divorce process.

1. Divorce Mediation

Dealing with courtrooms and judges may be an intimidating part of the divorce process, but you have options to avoid a courtroom and communicate through a safe setting for both you and your former spouse. Divorce mediation is a set meeting used to negotiate the divorce and set forth your wants and needs.

A mediator will help lead the conversation and keep emotions at bay as you and your former partner discuss issues like money, custody, and property. To help reduce stress, set up multiple mediation meetings. Each meeting could have a specific topic to discuss.

At first, the mediation may feel awkward and challenging, but as you adjust to the surroundings, the mediation serves as one of the best options to plan out the details of a divorce.

2. Avoid Text and Email Communication

Interpretation is everything when you involve the details of a divorce. You should avoid any form of text communication to avoid misunderstandings. A person who receives a text could view the information as aggressive, demanding, or hostile, even if you had no intention of coming off that way.

When you need to communicate with your former partner, use voice options like a phone call. You could even choose to communicate through video chat. With a video phone call, the other person could see expressions and eliminate any confusion on the emotions attached to various elements of a conversation.

The last thing you want to worry about is a misunderstanding leading to delays or bigger problems with the divorce.

3. Scheduled Meeting Times

As you learn to set boundaries with your former partner, consider setting up meeting times beyond the mediation. You do not want to deal with random phone calls when you are not prepared to talk about specific issues. With a scheduled meeting time, you will not only have the opportunity to prepare what to say, but you will emotionally prepare for the exchange as well.

The scheduled meeting times will also help avoid expanded problems. For example, if you call your spouse multiple times and reach voice mail each time, you do not want to harbor feelings of anger or resentment if you feel like they are ignoring you.

Divorce lawyers may also help set up safe meeting times and locations. You could meet at a restaurant or a specific meeting room if you seek out a formal location.

4. Social Media Rules

Social media has become a big part of our daily communication as people express themselves through pictures and posts. Before the divorce moves forward, try to set some ground rules for social media to help improve communication. For example, you and your ex may decide to not post about each other or tag each other.

You may agree to not directly communicate with the other person on social media. You could choose to announce your divorce at the same time and proceed with other options such as picture removal. The ideas may seem trivial but could easily result in hurt feelings and resentment if you do not communicate your thoughts and ideas beforehand.

A divorce lawyer has years and communication experience and how to help handle tough situations.

Contact us today at James D. Bass to help go through the divorce process. Our experienced team of lawyers will help answer any questions and allow you to reach all of your communication goals.

Adoption and the Law: A Guide for Prospective Parents

Tue, 07 Apr 2020 17:26:57 GMT

If you wish to adopt a child, you may already know that you must take a number of careful steps in accordance with adoption agency policies and all applicable laws. Even so, some of the potential obstacles and complications you encounter along the way may surprise you.

A basic understanding of these issues should help you prepare for them in advance and respond to them as effectively as possible. Here are some areas of adoption that may call for particular legal assistance and expertise.

Adoption Issues Involving Birth Parents

Before you can adopt a child, the birth parents must officially agree to a formal Termination of Parental Rights (TPR). This step involves a court hearing culminating in a judicial decree. Only after the termination of the birth parent's rights can you proceed with the adoption process.

Unfortunately, the termination of birth parents' rights doesn't always complete this leg of the journey for adoptive parents. The birth parents have a window in which they can change their minds and reverse their decision to terminate their parental rights. Each state sets its own time limit for this window.

Illinois birth parents sign an agreement called a Final and Irrevocable Surrender or Consent for the Purposes of Adoption. While a birth parent may ask for more time in the adoption process to take this step (which adoption agencies may or may not grant), the document constitutes a final termination of parental rights once the parent has signed it.

You might have trouble getting adoption consent from one birth parent even after the other has agreed to the adoption. Simply tracking down an absent birth father, for instance, may pose difficulties. Some states recognize verbal consent as sufficient, while others require written consent.

The birth father may also decide to withhold consent altogether. If you run into this roadblock, you might still find a way to press forward with the adoption. You may have to demonstrate that the father cannot serve as a fit parent due to incarceration, a drug problem, unemployment, or some other disqualifying factor.

Adoption Across State or National Borders

An interstate adoption must obey the laws of both states involved in the adoption. The Interstate Compact on the Placement of Children (ICPC) governs this process for all 50 states. All parties in both states must share detailed information to help ensure compliance with both states' child placement requirements.

Adoptions by U.S. citizens of children from other countries must agree with the provisions of the Hague Convention, which implements safeguards to protect the best interests of such children. The Intercountry Act of 2000 allows for U.S. implementation of Hague Convention provisions.

Adoptive parents don't need to worry about applying for their adopted child's U.S. citizenship as a separate step. The Child Citizen Act of 2000 automatically conveys U.S. citizenship to children adopted by U.S. citizens.

Adoption and Disability

Disabled individuals sometimes face challenges when they try to adopt. These challenges may seem directly at odds with the legal protections afforded them by the Americans With Disabilities Act and the Rehabilitation Act, both of which prohibit discrimination based on disability.

Identifying discriminatory practices in the adoption selection process can prove difficult due to the lack of transparency in the ranking systems used by adoption agencies. Disabled would-be parents may find themselves at the end of a long waiting list without realizing that their disabilities count against them.

The sheer number of opinions in play during the selection process can also complicate adoption for disabled individuals or couples. Social workers, birth parents, and other adoption professionals may all chime in with objections concerning the suitability of a disabled parent.

If you experience undue hardships in your battle to adopt a child due to a disability, you need to consult a family law attorney about your rights. Bear in mind, however, that birth parents may hold considerable power in deciding who will adopt their children, even if informal discrimination fuels their decisions.

Adoption laws and procedures include many more details and issues than we can provide here. For more information, contact James D. Bass, Attorney at Law.

Texts as Evidence: Should You Use Them in Your Divorce?

Mon, 27 Jan 2020 20:11:52 GMT

When you get a divorce, the evidence you present can have an impact on the outcome. One crucial piece of evidence can be texts your spouse has sent you over the duration of your marriage. If there is certain information contained in text messages, you may be able to prove various aspects of your case.

For instance, texts can prove instances of abuse, infidelity, promises made, and issues with child custody. However, you need to know how to correctly present text messages as evidence for them to be viewed as admissible in court. The following is some information about using text messages in your divorce case.

How Do You Present Texts as Evidence in Your Divorce Case?

If you intend to use text messages in your divorce case, you need to keep some things in mind before you submit them. One important part of using texts is to show all of them. You should not pick and choose certain messages and expect a judge to consider them as evidence. This can imply that you are only presenting one part of the story.

A judge wants to see the entire conversation. You cannot remove your own texts, no matter what they represent. Even if a text makes you feel embarrassed, you have to provide the entire context of a conversation for it to be sufficient for evidence.

The drawback to this is the judge must consider your part of the conversation when he or she uses the texts as part of your divorce. For instance, if the judge believes you instigated an argument, he or she may not take the texts into consideration. It may appear as though you intentionally baited your spouse into an argument to build evidence.

How Can You Prove the Texts Are Authentic?

Another consideration when you use texts in your divorce is to show they are real and were actually sent to you by your spouse. You should never attempt to manufacture text messages to present them as evidence if they are not truly from your spouse. This can get you into major legal trouble.

The judge will evaluate the messages to ensure they were truly sent by your spouse. The messages should be sent to you from your spouse's phone number. Each text should contain a date and a time. If, for some reason, your phone does not show the actual time and date of the texts, you need to provide a copy of your phone records to corroborate the time and date.

Screenshots may be questionable. If the text message conversations are shorter in length, screenshots may be fine to use. However, if you have dozens of messages about one particular topic, screenshots can be difficult to manage. A better option is to download the messages to your computer and print them out for the judge to see so the messages remain in order and are understandable.

Should You Present Texts as One Piece of Evidence?

Each set of text messages should surround one area of contention between you and your spouse. If you are bringing up multiple issues and you have separate text conversations about those issues, group the texts to represent each issue separately.

When you use text messages as evidence, keep in mind that you may also be implicated in different aspects of your divorce. If you believe you could suffer consequences from text messages, you may want to reconsider using them as evidence unless you receive a subpoena for them.

If you have any questions about a family law matter, please contact James D. Bass Attorney at Law for assistance.