${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

Springfield Divorce & Family Law Blog

Financial considerations for a post-50 divorce

45791375_S.jpgMost people who live in Missouri know someone personally who has gotten divorced or who may be in the midst of a divorce even now. Contrary to what some people may believe, more and more of these people are in their 50s, 60s or even older. Interestingly, in the last two decades, the number of people getting divorced after they reach the age of 50 continues to increase. In fact, according to data from Pew Research, the rate of divorce among people 50 or older is actually 109 percent higher today than it was a quarter of a century ago.

Getting divorced at any age can have a significant impact on a person financially. Getting divorced when a person is close to retirement or maybe has even already retired has a particularly significant financial impact on people. As explained by Forbes, this is a stage of life at which a person either has a reduced income, a fixed income or even a limited number of years left in which to reclaim any financial losses experienced during a divorce

Why should mothers care about establishing paternity?

30658660_S (2).jpgYou might assume that those concerns over the issue of paternity are primarily something that potential fathers have to deal with. Yet as a mother, you should also be concerned that someone is legally recognized as your child's father. Even if you do not plan on maintaining a relationship with your child's actual father, it is important that he (or another) be deemed responsible for the welfare of your child along with you. While studies show that children who have the involvement of two parents in their lives enjoy certain social benefits compared to those who do, there are other reasons why establishing the paternity of your child is important. 

Raising a child on your own can be difficult, especially if you have only your income to rely on. If another has been legally designated as your child's father, he can then also be held responsible for supporting your child. One does not have to be your child's biological father to be assigned paternity, either. If your spouse has claimed paternity of your child despite not being their biological father, then they can still be made to pay child support for them if you choose to divorce. 

How can I tell my preschooler about my divorce?

46166147_S.jpgIf you and your spouse in Missouri have made the hard decision to end your marriage and you have children together, one of the hardest things you will be faced with is telling your kids about the divorce and then subsequently supporting them as they adjust to the changes that are sure to come. There is no one way to do this in part because children need different things at different ages. If you have a preschool-aged child, you will want to keep things simple and be prepared for repeat conversations.

As explained by Today's Parent, the world of a three-year-old is a relatively self-centered and concrete one. When you initially share with your child that you and their other parent are not going to be living together anymore, you should be ready to discuss the child's everyday life. For example, you should let your child know who will take them to school, who will read them a bedtime story and if you are still going to a grandparent's house for dinner every Sunday.

Tax changes create challenges, opportunities in divorces

111418711_S.jpgPeople in Missouri who are starting 2019 facing an upcoming divorce will have no shortage of issues to contend with. Among these issues may well be how to navigate the new tax laws and the impact these laws are no doubt set to have on divorce settlements for countless couples.

As explained by CNBC, alimony payments have historically been treated as taxable earned income for the spouse who received the money. This has changed now and instead, it will be the spouse who makes alimony payments who is required to also pay income tax on the funds. This might seem like a benefit to the receiving spouse but, it may have a potential downside for that person.

Modifying your custody arrangement

97054374_S.jpgSpringfield clients often come to us here at the Stange Law Firm PC with a similar question: How can I modify my custody agreement? At the time of your divorce, the court likely handed down a custodial arrangement that, while taking yours and your ex-spouse's feelings into account, was deemed to be in the best interests of your children. That arrangement likely took some getting used to, but the hope is that eventually you were able to collectively make it work. Circumstances do change, however, and now you may be discovering that what did accommodate you before no longer does. You likely now share the aforementioned question. 

According to the website for the Judicial Branch of Missouri's state government, custody orders can be modified by petition. It is recommended that you work with your ex-spouse to come up with a new arrangement that is acceptable to the both of you. You then must submit a "Motion to Modify Child Custody" (state form CAFC101) to the court that has jurisdiction over your case. If both you and your ex-spouse are in agreement about the proposed modifications, the court can approve your petition without needing to have a hearing (the only exception to this may be when major modifications are proposed, such as changing the children's primary residence). 

Spotlighting supportive relationships

11140671_S.jpgIt may be widely understood amongst divorcees in Springfield that an award of spousal maintenance is typically only meant to last as long as is needed for the one receiving it to support a standard of living similar to that which they had while married. Yet many spousal maintenance obligees may come to view such payments as a portion of their income, and thus may be hesitant to end them. Remarrying would automatically end an alimony agreement, so those receiving may believe that simply by not remarrying, the obligation for their ex-spouses to continue paying remains in place. 

Section 452.370 of Missouri's Domestic Relations Code states that a substantial an continuing change in one's circumstances may necessitate a modification of their divorce agreement. This includes the payment of spousal maintenance. Entering into a new supportive relationship may constitute such a change. Most, however, only view marriage as being a supportive relationship. Yet what about cohabitation? 

Managing custody during the holidays

113602612_S.jpgThe holidays are meant to be filled with feelings of warmth and happiness, not contention. Yet as you work your way through your divorce proceedings in Springfield, you may see such future discord as being unavoidable. One of the primary sources of contention amongst divorce parents is how to allocate custody time during the holiday season. Many come to us here at the Stange Law Firm PC questioning what the law mandates in terms of holiday custody time. Unfortunately, there is no clear-cut legal standard. However, you and your ex-spouse will be expected to address the issue of special custody cases in your parenting plan. 

It is understandable that both you and your ex-spouse want to spend the entire holiday season with your kids, yet that may not be possible. At the same time, family courts recognize the special circumstances of the season and thus do not expect you and your ex-spouse to follow your routine custody and visitation schedule. A mandate is made, then, to come up with a plan that is amenable to you both as part of your parenting plan. 

Understanding the importance of valuation dates

14867213_S.jpgUpon choosing to get a divorce, there are many things that one Springfield has to consider. The date on which their marital assets are to be valued likely is not one point that immediately stands out. Yet the valuation date of marital assets can often become a point of contention. A great deal of emotion goes into a divorce case, which can often prompt those involved to take measures to negatively impact how their soon-to-be ex-spouses come out of the proceedings. Purposely devaluing property may be one of them. 

Typically, one of the more significant assets a couple will jointly own is their home. Say that a couple separates and one moves out of the home. The other (knowing that the home may be sold during the divorce proceedings and the proceeds be split equally) may choose to let the home fall into disrepair in order to impact the profit that may be made from it. Of course, this would also lessen the amount that they would get from the sale, yet some may actually be willing to do this as a way of getting back at their ex-spouses. 

Filing for divorce due to incompatibility

78818017_S.jpgPeople end their marriages because of affairs, financial issues and many other reasons. Sometimes, a couple finds out that they are incompatible, whether they have been married for a very brief period of time or they have been married for decades. Some couples are able to work through their differences by successfully pursuing therapy and counseling, while others are able to address their incompatibility through mutual understanding and time. However, others are never able to happily continue their marriage and simply do not get along with each other.

If you and your marital partner have been fighting a lot, or you are no longer interested in being married to this person, it is important to explore various options. If you have already tried counseling with no success, you may believe that the only option at this point is to file a divorce petition. You should not hesitate to move ahead with a divorce if you know that it is best for you and your kids (if you are a parent). Moreover, some people may feel that they are stuck in an incompatible marriage because their partner refuses to cooperate or consider the idea of divorce.

What to do when a parent does not want to be involved?

35065566_S.jpgIf you have gotten a divorce in Missouri or otherwise are no longer together with your child's other parent, you may run into times when that parent does not want to be involved in your child's life. This might include not wanting to have visitation, not engaging with the child on any level or foregoing responsibilities and leaving parenting completely up to you. This is a difficult situation for you and your child. How you handle it has a huge impact and could define the parent-child relationship between you and your child and the other parent and your child. However, there are some things you can try to do to remedy the situation and make it easier.

The main thing to do, according to Very Well Family, is to communicate about visitation issues. This means talking to the other parent. Find out why he or she is not involved. Be open and try to not be combative. If you are accusing and negative, the other parent may not want to talk to you. You need to get information so you can see if you can fix whatever is wrong. For example, sometimes a parent may have scheduling issues. Perhaps the other parent has had a change in hours at work and just cannot get your child at the designated times.

Contact Our Team To Get Help Now

Tell us about your case and we’ll get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Stange Logo

Stange Law Firm, PC
901 E. St. Louis
Suite 404
Springfield, Missouri 65806

Phone: 417-799-7887
Fax: 417-799-3344
Springfield, MO Law Office Map

DHQ | Divorce Headquarters Divorce
Headquarters ® App Download The App
Questions? Live Chat Pay Your Bill Online
States of Service

Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806 Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 5 Club Centre Ct., Suite A, Edwardsville, Illinois 62025: Edwardsville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

The choice of a lawyer is an important decision & should not be based solely upon advertisements. See additional disclaimers here.