Springfield Divorce & Family Law Blog

Enforcing child support, the right way

On behalf of Stange Law Firm, PC posted in Child & Spousal Support on Tuesday, April 10, 2018.

Many Missouri residents might assume that the hardest part of divorce is over upon completion of paperwork. While this is true in some cases, spouses with children could have bigger challenges ahead. One of those challenges involves child support. Whether it is inconsistent or nonexistent, the law enforces child custody orders to best protect the children involved.

Even long-time residents could benefit from a refresher on state laws. The Missouri Department of Social Services lists information on enforcing child support, stating that medical support is also crucial. The Department may locate parents, as well as review and modify support orders. When it comes to the enforcing of financial support, the social services branch has the power to report noncustodial parents to credit bureaus; in addition, they could withhold the parent's wages. Should the noncompliant parent live outside the state of Missouri, the Department may work with the state of residence to collect support.

How expensive is divorce in Missouri?

On behalf of Stange Law Firm, PC posted in Divorce on Friday, March 30, 2018.

There hardly exists a more stressful life chapter than that of divorce. After all, it has a way of turning one's life upside down. With all of the steps involved in separating from a spouse, some Missouri residents may wonder about the costs of divorce. What factors come into play in regard to fees, and what financial hurdles can one expect to face in the months following a separation?

Last November, The Kansas City Star focused on the topic of divorce in the country. While attitudes toward marriage in America continue to shift away from traditional, lifelong committment, conservatives in the nation have attempted to reverse divorce trends. As a result, the subject of taxes has arrived under the public spotlight. Lawmakers have recently considered the ways that modifications to tax treatment of alimony payments could change America's outlook on divorce. Potential changes include no generation of taxable income nor deductions from alimony. At current, alimony payments fall under the category of taxable income. What, many might wonder, does this mean for divorces in the future? The Star shows that such changes could make divorces more expensive, but could also make them less common.

What happens when a parent fails to pay child support?

On behalf of Stange Law Firm, PC posted in Child & Spousal Support on Thursday, March 15, 2018.

Going through a divorce can present a number of challenges in regard to a person's daily schedule, financial planning and overall well being. When children are part of the picture, this planning can take even more time and commitment. Missouri, like other states, enforces child support and custody laws in a way that serves in the best interest of children, but some families nevertheless hit obstacles along the way.

Countless parents in the state struggle to make ends meet as a result of single parenthood. One topic of recent debate, as The Kansas City Star shares, involves potential changes with food stamp laws; Missouri lawmakers are considering modifying the state's welfare plans. Should the state execute these plans, people on welfare would face tighter restrictions. The Star comments that members of the Supplemental Nutrition Assistance Program could lose benefits if they miss child support payments. While penalties for failing to pay child support are important, this new law could potentially hurt the most important members of the SNAP program: the children. In the last few years alone, over 20,000 children have lost access to welfare programs in the state.

The nation's current outlook on grandparents and child custody

On behalf of Stange Law Firm, PC posted in Child Custody on Thursday, March 1, 2018.

For many Missouri parents going through divorce, child custody is a quick and minimal process; for others, however, taking care of children can become an overwhelming responsibility The opioid crisis that has swept across the nation has not only affected millions of adults, but also the children they struggle to raise. Sometimes, child custody arrangments can become a priority before a divorce is even considered.

As a result of this crippling epidemic, grandparents have stepped up to the plate. Grandparents gaining full custody of their grandchildren has become a new normal in America, as parents continue to battle with addiction. Below are some recent facts on the children who have become the central focus of this crisis, and the grandparents who have become their heroes.

What to expect when making child custody plans

On behalf of Stange Law Firm, PC posted in Child Custody on Thursday, February 15, 2018.

Jumping through the hoops of a divorce is hardly an uncommon occurrence in Missouri, but nevertheless can be a potentially challenging task. Those with children may first question what, exactly, the new living arrangements might be. When the situation is not black and white, turning to available resources can help make for a smoother process.

Oftentimes, parents argue that it is best for a child to live only under one roof. In these instances, and in the gray areas in between, the Missouri Courts website can help clarify the state guidelines for child custody. If filing a petition for child custody is the chosen route, parents must understand that such a petition applies when paternity is established under Missouri law but lacks a custody order. First, parents must gather necessary documents, including the child's birth certificate, a completed "Declaration of Paternity" form (of which the Missouri Bureau of Vital Records must receive) and other required paperwork. Courts may also require parents to supply recent financial information. After these steps, a court clerk may issue a "summons," which a court official will then deliver to the other parent. The process that follows depends on the other parent's response to the summons, and may result in a hearing.

Dividing student loans in a divorce

On behalf of Stange Law Firm, PC posted in High Net Worth Divorce on Wednesday, January 31, 2018.

Once you and your spouse have made the tough decision to end your marriage, you will likely face many more challenging decisions. If you are like many other couples in Missouri, how to split your assets and your debts will be some of the most difficult decisions you will need to wrestle with. While many people assume that if a debt is in one spouse's name only that person will assume all responsibility for it after a divorce, that may not necessarily be the case.

As explained by The Daily Worth, the timing of when student loans are incurred may indeed be part of how it is decided who should repay them after a divorce. However, there are other factors to be considered as well. Among these factors is what the money from the student loans were used for. For example, if rent or a mortgage was paid for with the money, it may be more likely to be deemed a joint debt.

How to co-parent with a former spouse

On behalf of Stange Law Firm, PC posted in Child Custody on Sunday, January 14, 2018.

Getting a divorce with minor children still living at home can add a layer of complexity to life for parents. For starters, moms and dads already trying to grapple with their own emotions and losses during this time must also find ways to help their children navigate their feelings as their lives change dramatically. In addition to this, parents must find ways to work together to raise their children while living separately. Given that communication and cooperation may well have struggled when a couple was married, this is no easy task.

Parents magazine recommends that one things moms and dads should do is to be willing to think outside the box especially when it comes to finding quality time to spend with their children. For example, instead of thinking that the only time a parent can be with their kids is on the days designated in the divorce agreement, they could consider always being the one to take kids to school even if that means picking them up from the other parent's home.

How does a QDRO work?

On behalf of Stange Law Firm, PC posted in High Net Worth Divorce on Saturday, January 6, 2018.

If you are one of the many people in Missouri eyeing a divorce this year, you will want to start learning how you may protect your assets. Certainly you know that splitting some assets with your current spouse is likely to be part of your ultimate divorce settlement. However, it is reasonable for you to seek ways to minimize some of your losses. If you expect that you may need to split a 401K or other employer-sponsored retirement account, you will want to know about the qualified domestic relations order.

As explained by the United States Department of Labor, a QDRO may provide you with important protections when splitting a retirement fund as part of your property division settlement. Without a QDRO, you may need to withdraw money from your account and then give it to your spouse. If you do this, you may end up paying early withdrawal fees as the distribution would not meet retirement criteria. These fees may be quite high and eat up a large portion of what assets remain in your account. On top of the penalties, you may owe income tax on the amount you withdraw.

When a family law issue does not go your way

On behalf of Stange Law Firm, PC posted in Family Law on Friday, December 15, 2017.

There are a wide variety of family law matters that people struggle through, whether they are centered around the custody of a child, the distribution of a couple's marital property, or a child support order. With careful planning and the right approach, some people are able to find favorable outcomes that benefit them for years to come. On the other hand, some people do not secure the end result that they were looking for, which can be especially hard with family law matters.

Unlike other areas of law, which may not have such an emotional impact, family law cases can be very emotionally charged. There is far more at stake than one's finances or property. Often, family law rulings affect children and their ability to spend time with a parent. As a result, it is understandable that people who do not find the outcome they wanted may feel sad, angry, or stressed out. If you are in this position, however, you could benefit from maintaining your emotions as much as possible.

How can I deal with holidays after my divorce?

On behalf of Stange Law Firm, PC posted in Divorce on Sunday, December 3, 2017.

If you have gotten divorced or separated in this year, the 2017 holiday season will be your first as a single person in a while. You certainly may feel like nobody around you really understand this but the fact is that many other residents in Missouri and around the country have walked in your shoes before. There are some tried and true things you can do to help yourself find joy this holiday season and to help your children positively navigate what will be a different experience for them as well.

One piece of advice recommeded by PopSugar.com is to make sure you get yourself involved with the people and events around you that celebrate the various holidays instead of giving in to the temptation to hole up and avoid cheerful and warm situations because you fear it might make you miss your prior life too much. You will want to remember that your children can feed off of your emotional guidance and watching you be able to do this may help them do the same.