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When Is the Right Time to Make Demands Vs When Is the Right Time to Be Agreeable?

Knowing when to agree with your ex after a divorce is very complicated.  There are times when you need to make demands and yet there are others when you need to be willing to agree with your ex.  Learning when you should fight and when you should be agreeable is a big part of having a successful divorce.  Obviously from time to time there will be issues that will make things more difficult or times when you need to work on things.  This is going to happen regardless but if you were fair in your fight during the divorce, future issues could be easier for you.

 

How to Decide When to Fight?

Sometimes you might feel like you need to fight.  Other times you might feel like you don’t.  Making sure that you are fighting at the right time is very important for you to have a successful court battle.

 

What Happens with the Home?

 

The first thing to think about when you are looking at the marital home is whether you can afford the home.  There is no reason to fight for the home if it is not going to be in your budget.  Think about things like utilities, taxes, and upkeep bills.  Make sure that you can sufficiently afford everything that you need with the home.  If you cannot then it might not be the best choice for you.  Remember that if you have accrued equity in the home, that you have to pay half of that amount to your ex if you decide to keep the home.  If your ex gets to keep the home, you are going to get your half of the equity which could mean that you would have a home that you could pay off the mortgage.

 

What Should You Ask for with Visitation?

 

If you are not going to be the custodial then visitation is one of the things that you should stand up and fight for.  This is something that is going to be necessary for your child to have a close and well bonded relationship with you.  Make sure that you think about the things that are most important in your family too.  If you have holidays that are celebrated in a special way, then it might be possible for your child to spend those holidays with you while spending others with your ex.  There are a lot of different choices for you with visitations and how it can work to your advantage.

 

How is Cash Split?

 

Look at the current cash money situation.  You need to know about all the accounts, stocks, and bonds that the two of you have accumulated while married.  Stock options and annuities from employment also need to be discussed.  Pretty much the only cash flow that might not be able to be discussed in court are trusts.  Depending on the state in which you live, trusts might not be up for discussion.  Some states allow for trusts to be kept out of marital property.  You should make sure that you are fighting for all your half of the cash money.  This is one thing that can be easily hidden so make sure that you have bank statements for months prior to the time at which you filed for divorce.

 

How Should Debt Be Divided? 

 

The next thing that you need to look at is how debt is to be divided.  Like with cash, debt should be divided evenly.  Some courts will order that cash be used to pay off debt first so that you both start without any debts.  This is a good plan for those who want a fresh start.  For those who have enough cash, this works out well.  If there were problems with money, then it might be required to start out with debt.  Make sure that you fight so that your ex gets their half of all debt and that you are not required to bear the load of the debt that was created while the two of you were together.

 

Knowing when you need to fight is half of the battle when you go to court.  Knowing when you should just give in and be fair is also a battle.  It can be hard to watch your ex end up with half of what you worked for together if they wanted the divorce and you did not.  If you both wanted to get divorced, it is generally easier to get by with sharing these types of things.  However, there are times when it can be extremely difficult.  Learning how to handle things and knowing what to fight for will help you get through your divorce as easily as possible.

Should Financial Assistance Affect My Child Support Payments?

Suppose you are being asked to pay child support but you are in a poor financial situation. Many fathers in this situation may end up relying on somebody else for income, and relying on them to help pay bills and rent. In situations such as this, the ex-wife may try to claim that the financial assistance you’ve been receiving should count as income, which could cause your child support payments to increase.

Whether or not this assistance can be considered income will depend on several factors, including where you and your ex live. If you find yourself in a similar situation, we strongly advise you to contact a lawyer. Only a professional will be able to say for certain whether or not the financial help you’ve been receiving can be considered a form of income and what your actions should be going forward.

Will My Ex-Wife Being Fired Affect My Child Support Payments?

Has your ex-wife recently lost her job? If you are paying for child support, you may be interested to know whether or not this will effect your payments. She no longer has a source of income which could result in your child support rates being raised, but should this be the case considering she was fired from her job for reasons under her control?

The answer to that question will depend on several factors, including where you are located. If you want to know whether you ex-wife’s situation will affect your payments, we advise you to contact a lawyer who can give you a definitive answer.

Your child support payments can be determined by a number of different factors. It could be based on the earning power of both you and your ex, or it could be based on an average of your combined income over the past several years.

Contact a lawyer in order to understand your situation in full. They can advise you whether or not you should consider a review if and when she finds another job, and on any other legal actions you could take.

My Ex-Wife Schedules Children’s Activities During My Visitation Time

Sharing custody of children with an ex-wife can be a complicated matter, especially when situations arise that were not considered during the initial divorce and custody negotiations. For instance, the mother may schedule activities for the kids that overlap with the times that they are supposed to be with their father. This creates an awkward situation for fathers who do not want to be perceived as the bad guys by making their children cancel activities, but who also want to spend their parenting time with their children in ways of their own choosing.

To help prevent situations like this from recurring, a father may need to contact an attorney who can petition the court to modify the child custody agreement to lay out rules for situations like this. Because laws are different in every state, and every custody situation is unique, a skilled attorney is necessary to help sort through the details.

My Ex Is Accusing Me of Abuse

Thousands of reports are filed every year making an unsubstantiated claim that abuse occurred prior to or during a divorce. The sheer number of false accusations means that you could be at risk if you are currently in the process of divorce. An allegation of abuse can severely complicate a custody battle.

If your ex is making claims that you have abused her or your children, we strongly advise you to speak with a lawyer immediately. Do not take legal action without speaking with a professional who has had experience with a case similar to yours. Make an effort to avoid speaking with or contacting your ex until you have advice from a lawyer to avoid making matters worse.

Your lawyer may advise you to take action to help defend your rights. Every case is unique, so we can only advise you to speak to a lawyer as soon as possible.

Modifying Child Support If You’re Unable To Afford It

Initially, child support payments are based on the incomes of the father and the mother at the time of the divorce. As time passes, however, situations change. A father may find himself forced into a lower paycheck when his hours at work get reduced. Because of the change in his financial situation, he may want to determine if he is still responsible for the original child support amount or if something can be done to change it. While the father still wants to support his children, he may not be able to afford the same level of support because of his reduced income.

Depending on the state in question, child support payments may be modified if the financial situation of the father changes. Contacting a knowledgeable lawyer will be the first step in answering this question. Because every situation is unique, and because laws vary from state to state, there is no single answer to whether a child support agreement can be modified. However, the right lawyer can help answer all those questions and provide guidance on what the next step should be so that the father has the best chance of receiving a favorable ruling from the court.

Ex-Wife Making It Difficult to Visit Your Children?

Is your ex-wife making it difficult for you to visit with your children? Fortunately, you live in a country that gives you the right to dispute child custody arrangements. If the courts determine that you have the right to see your children, your ex does not have the right to prevent you from seeing them.

If you are dealing with a situation such as this, or something similar, you should contact a lawyer to be your legal representative and help you defend your rights. If your ex is making up excuses to prevent you from seeing your children a lawyer can advise you on what your next move should be.

A good divorce attorney is your best shot at helping you get back to seeing your children again. Find one who has dealt with similar cases in the past, and your chances will be even better. Contact a lawyer today. It’s the best choice for you and your children.

Is Your Ex-Wife Threatening to Move Outside the State?

Has your ex-wife been threatening to move away with the children? This tactic is sometimes used in order to manipulate fathers into accepting terms they would otherwise disagree with, but in reality this is not a decision that can be made without your consent. Except in some cases, the mother is often required to obtain legal permission to move outside the state.

You may be able to take action to see that she stays in the state, or see if she has violated any legal requirements regarding her move.

No matter the state, the best course of action is to speak with a lawyer as soon as possible, because time may be limited. The legal system adheres to established timelines quite strictly. If you don’t react to the news rapidly, your ex may move away with your children without you having any legal recourse. You may still have visitation rights, but you will no longer be able to dispute the move. For this reason, we advise you to contact a lawyer immediately if you are in a similar situation.

Child Support and Custody Changes Made Outside of Court

After a divorce, your situation can change in ways you may not have anticipated. You or your ex-wife may have changes in your schedule and your income. You and your ex may agree to changes to your custody agreement and your child support arrangements. Often this agreement is made mutually. This doesn’t mean that it doesn’t need to be codified into law.

If this is something you’re currently undergoing we advise you to contact a lawyer to help you file the necessary paperwork and make everything official. A lawyer can review the wording of the documents in order to make sure that they are in accordance with the law. They should also be able to help translate the meaning of the document into plain English so that you can be sure the new arrangement is something that is best for you and your kids in the long run.

Remember, if you and your ex agree to make changes to your divorce agreement, you will not be able to enforce those changes unless you file a stipulation with the court. We strongly advise you to contact a lawyer who can help you through this process in order to ensure that everything is as you want it to be.

 

Child Support Before a Court Order Is in Place

As a father, you want to support your children even when they aren’t living with you. You may be tempted to offer support to your children before a court order is in place for child support, and this is understandable. It can take a good deal of time before a legal order is in place, after all. In many cases, the terms of child support are not determined until the end of the divorce process.

Unfortunately, if you provide financial support to your children before a court order is in place, your contributions may be used as a precedent for what your child support payments will be. In some cases, this could result in a court order to make child support payments higher than what they would have been otherwise.

For this reason, you are advised to contact a lawyer before providing any significant financial assistance for your children. They will be able to advise you on how your contributions could affect your child support payments in the future, and how to proceed forward.