Brazil & Benske, LLC

Milwaukee Family Law Blog

Child support and preparing for financial challenges

As a parent who needs to pay child support, you could be facing different hurdles, from emotional pain following a recent divorce to financial problems due to the payments you are required to make. However, it can be especially difficult for a parent in this position to lose his or her job or experience financial issues for another reason. We have discussed some of the different problems that can arise when a parent fails to pay child support, from tax refund interception and arrest to losing the ability to get a passport. As a result, you should immediately prepare for what could lie ahead if you anticipate financial problems around the corner.

If your hours were recently cut, you were given notice that your position will be terminated in the near future, you have recently come down with a costly health problem or there is another reason why you expect to face financial difficulties, it is crucial to immediately prepare. For starters, you should try to calculate your budget, save as much as possible and have a solid understanding of how your finances will affect your ability to pay child support. You could be able to modify your child support order if you have experienced significant changes financially and this has helped many parents avoid the consequences that come with falling behind.

Preparing for the distribution of marital property

People who have decided to move ahead with a divorce often have an array of questions and concerns, especially if they have children or are not very familiar with the divorce process. This is especially true for those with a significant amount of wealth, real estate and other assets. Property division can be an especially complicated facet of divorce and it is crucial to be prepared, whether you worry about losing property or are unsure about other financial impacts related to the end of your marriage (alimony, child support and so on).

One of the first things you can do to ease concerns and prepare yourself is to review the laws related to property division, which vary from one state to the next. In doing so, you should have a better understanding of the different types of property that may be subject to division and those which may not be split up. Next, you should try to prepare yourself for the various ways in which the distribution of marital property could affect you, whether it involves real estate, financial accounts or some other type of asset.

3 tips for choosing a divorce lawyer in Milwaukee

Facing divorce is a stressful and overwhelming time, and it is also a time that requires lots of important decisions. Unfortunately, you are likely not in the best position to be making such important decisions, as your emotional well-being may be compromised as you face the prospect of divorce.

One of the most important things to try to maintain throughout your divorce is a focus on your long-term future and the knowledge that things will get better. This can help you separate your emotions from the task at hand, which is getting through the legal process of your divorce. The choice of an attorney is one of the most important decisions you will make. Here are three tips to help you make the right choice:

Back child support and the risk of arrest

When a parent falls behind on child support payments, they could face a variety of consequences. For example, they may be very stressed out due to their circumstances, have their tax refund intercepted or even be unable to apply for a passport, throwing off their vacation plans or interfering with business. Furthermore, many are dealing with other issues, such as financial hardships after losing their job or suffering with an unanticipated medical crisis. However, the risk of being taken into custody is especially concerning and it is crucial for people facing the threat of arrest to immediately review their options.

Some people may think that missing child support payments is not a very big deal but failing to pay court-ordered child support can definitely lead to time behind bars. Aside from the difficulties associated with imprisonment, someone who has been taken into custody for back child support may face other challenges. For example, they could have a damaged reputation in the community and among their friends and family members. Furthermore, their record could haunt them years down the road, such as when they are trying to land a particular job, for example.

Child custody woes include a parent living in another state

Child custody is probably the single-most important element in a post-divorce world. To keep it going on an even keel is difficult enough when the parents reside in the same town, but when one of the parents lives in another state, a sticky situation could develop over custody.

The 150-mile rule

Divorce and family pets

 The end of a marriage can be tough and emotional for a plethora of reasons, especially when couples have kids and/or a significant amount of property. We have covered many of the different reasons why the end of a marriage can be tricky, but there are far more issues that some couples have to work through. For example, some people have concerns about being unable to see a family pet after they split up with their spouse, such as a beloved dog or another animal companion.

First of all, people going through this should recognize that laws vary from state to state. There are many factors that a court will examine when deciding how to distribute marital property or who will be able to keep a family pet. For example, the court may look at who walked and provided care for the pet most often or whether or not someone bought the pet prior to their marriage. You might be able to work out an agreement with your spouse that could allow you to spend time with the animal, but this is not an option for everyone.

Reviewing some other benefits of mediation

When it comes to the divorce process, there are different options available for couples to consider. For example, some people head to court and move forward with a bitter, contentious divorce, while others are able to work things out with a mediator. If you and your marital partner are considering divorce, it would be wise to look at the advantages of mediation and consider all of your options. There are a number of reasons why divorce mediation is advantageous and while it may not be for everyone, many people have benefited from taking this route.

First of all, mediation can help couples save a significant amount of their money and time. In some instances, mediation can be completed in a very short amount of time (at least in comparison to traditional litigation) and may cost far less, as well. Furthermore, many people do not like heading to court and working with a mediator is an excellent way to settle a divorce without heading to the courtroom. For those concerned about privacy, mediation can help avoid the release of certain types of information and prevent certain details from becoming public record.

Bracing for the financial impact of ending your marriage

People think of many consequences when it comes to divorce, such as losing a custody dispute or the family home. From strong emotions to major life changes, divorce can be a difficult process to work through. However, the financial impact of bringing your marriage to an end should not be overlooked. There are multiple reasons why divorce can be tricky from a financial standpoint, such as obligations to pay alimony and child support. Moreover, property division can be difficult as well.

However, you may be able to secure a favorable outcome by knowing your rights and preparing for the hurdles that lie ahead. At the very least, you will be in a better position to brace yourself for the potential financial consequences of your divorce and work through any challenges that arise. There may be multiple facets of divorce to review, from reviewing state laws to developing a solid understanding of how property is divided or child support is awarded.

Cemetery plots and other odd assets for property division

You and your spouse may have decided to end a marriage during which you have acquired significant assets, and you are dreading the property division phase. It is not always necessary to take your differences over property distribution to court. You and your spouse may be able to come to an agreement that will only have to receive court approval, circumventing a contentious battle. To make ending your marriage less difficult and stressful, remember that there are options such as mediation or collaborative divorce that you may want to explore.

Prepare yourself for property division negotiations by making a list of assets. Obviously, your home, bank accounts, investments and other common assets will make the list. Here are six others you may not have considered.

Unpaid child support and your tax refund

In a recent blog post, our law office discussed how back child support can interfere with travel plans and leave one unable to obtain a passport. However, it is vital to point out that there are many other ways in which a non-custodial parent struggling with delinquent child support payments could be adversely affected. For example, they may have their tax refund intercepted. If you are unable to make child support payments due to financial problems and owe a certain amount of back child support, you may face additional financial complications when the tax refund you were expecting is intercepted.

Tax refund interception can be problematic for many reasons, whether someone was planning on using their refund to pay off debt that they owe, buy a new vehicle because their current car is on its last legs, or take care of some other responsibility. This is yet another reason why parents who owe child support should try to stay current on their obligations or get caught up promptly if they have fallen behind. Moreover, it may be helpful to look at this issue from a preventative standpoint. For example, if you anticipate that you will experience financial problems in the months ahead due to your hours being cut at work or some other significant financial change, modifying your child support order may be the way to go.

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