Posts Tagged ‘Finances’

Where Child Support is Spent

Wednesday, September 22nd, 2010

If you pay child support, you don’t have any say in how it is spent by the recipient.  That sounds harsh, but it’s true.  If you are legitimately concerned that you’re paying support and that the recipient is buying drugs, taking expensive vacations leaving your child at home, or making other inappropriate expenditures, you look at changing residential custody arrangements, not controlling the child support. Each state’s guideline calculations take into account the fact that the person with whom the child lives will have to have a larger home or apartment because of the child; perhaps a newer, larger car; and any number of “hidden” expenses (insurance, fenced in yard) over and above the obvious expenses like school lunch and diapers.

If you are concerned that the support you pay will not be used for the children’s benefit, you may wish to negotiate specific payments that you can make directly on behalf of your children in exchange for a reduction in the amount of support you are required to pay to the other parent. For example, you could put the money into a trust fund for the child’s college education. Or, you can pay the daycare provider or school tuition directly, and receive a dollar-for-dollar reduction in your support amounts. You can work to fashion an agreement which assures that the basic needs of the children are met no matter how financially irresponsible the other parent. Use an attorney or mediator to assist you in creating a plan. Click here for good article on the mis-spending of child support.

At all costs, however, keep the interests of your children in mind. You want them to have the best that you and your spouse can afford, and all of the opportunities that they would have had if you had remained married. Don’t let resentment about your loss of control of money interfere with what your children need, and what they deserve. Click here for an article on reducing conflict over child support.  

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

  • Share/Bookmark

More on Child Support vs. Custody

Tuesday, September 21st, 2010

In either case, using time with your children as a substitute for child support doesn’t pay off, in money or metaphoric terms! The money you hoped to save by having the children with you winds up being paid because the children actually have more needs than provided for by Child Support Guidelines. So you spend the money anyhow–you’re just writing the check to the grocery store rather than to your ex-spouse.

That may feel better, but it doesn’t change the amount of money spent. Some parents refuse to buy their children something they request, or spend any money on them, because “it costs too much” after they have won an exchange of more time with the children for paying less child support. In many of those families, the children were raised in middle class neighborhoods, where the now-divorced parents then refused to treat them like other local children were typically treated. This indirectly punishes your child for the divorce, and unfortunately, the message is not missed by most children. For a wealth of terrific information, click here.   

Perhaps you really don’t have the money. But if you deny money that you do have to your children, and then spend it on yourself or a new family, the children’s resentment . You will pay child support for up to 21 years. Your children are your children for the rest of your life.  Many parents wonder why their children are so angry at them, after he or she used money as a bargaining chip with the other parent. So now that parent has some extra money each month, but a lousy relationship with the children that is far more painful than budget cuts. The other irony is that in some of these situations the children tune into the issues, and redefine their relationship with that parent to be all about money. Like some bad fairy tale, the parent must now live in a self-created situation in which every day is a constant reminder about money,  the subject he or she wanted to avoid in the first place. The moral of the story: check your motivations and do not count your pennies at the expense of the big picture over time. For an article on cost effective parenting after divorce, click here 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

  • Share/Bookmark

Child Support vs. Custody

Thursday, September 16th, 2010

For the parent paying child support, the amount may seem astronomical. “Given the dollars involved, the children should be living like kings.” For the recipient, the money is never enough. The recipient is “shopping with coupons, wearing hand-me-downs, and eating leftovers – and still the ends never meet.” Click here for child support information.  

Most people drastically underestimate what children cost.  They also underestimate what maintaining two households costs.  While you’re living together as a family, you’re paying for one family home, one set of toys, and one set of clothes. When you separate, you’re suddenly paying for two homes, two sets of toys, and almost two sets of clothes. Not all of the additional expenses have to do with the children directly: there are two mortgages or rents, two sets of home insurance, and two sets of household items. And your children’s needs are increasing with age: dancing lessons, soccer dues, hockey equipment, and field trip entrance fees. 

Statistically, men who pay child support fare better economically than women who receive child support just  years after the divorce is finalized. The Child Support Guidelines adopted by each state were designed to even out the economics of the custodial vs. non-custodial parent. For those who pay support as ordered, and those who receive it, the finances are evening out somewhat. However, other societal factors work against equality, such as the differences in wages between men and women doing the same jobs.  Also, parents who see children only on weekends and days off are free to work overtime during the week, and to pursue career-enhancing activities when the children are not with them.

When spouses become embittered about their side of the “lopsided” financial picture, both spouses blame the other, and grouch about their side of the financial picture. If you are feeling angry about how little you get, or how much you pay, try to sit down together and assess where the money is going. Use general categories rather than details about you each spend your money;  the divorce obviates that obligation to each other. But look at broad categories and ascertain whether in fact someone is “getting screwed,” or whether there is just less money to spread around. Becoming more realistic about your finances may improve relations with your spouse enormously. 

Although the advent of child support guidelines have decreased the tendency to use child support as a bargaining chip in custody negotiations, it still happens. Many parents ask about reductions in child support for shared custody situations. Other parents ask for reductions in support based on split custodial arrangements.  The laws of most states recognize that these situations are special, and may warrant an adjustment to the amount of money that one parent pays to the other. Exactly how much the support amounts vary depends on the laws of each state. Some have complicated calculations based on the percentage of time spent with each parent, and other states treat each case separately, based on the facts. Click here for another interesting article.  

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

  • Share/Bookmark

How do I Prepare for the Financial Part of the Trial?

Tuesday, March 16th, 2010

Once all of your documents are in order, the financial issues which are still in dispute should be fairly obvious. You can work with your attorney to organize the documents according to the issues which they represent.  If you are not represented by an attorney, you will organize the documents yourself.

For example, if you are claiming your spouse hid money in an account, likely documents which would support that claim would be the bank or stock account records which reflect the money, deposit slips showing deposits into those accounts, pay stubs which show automatic deductions to that account, and perhaps loan documents which show that account as an asset. Those different documents together prove the same point.

Each of the points which you intend to cover should be organized in terms of importance. The most important points should be covered early in the trial. The presentation will also need to make sense chronologically. If you jump around too much in time, the court is likely to get confused.

Make an outline, or assist your attorney in making an outline, of the points that you intend to make in the trial.  You will not be permitted to read directly from your outline during the trial, but the act of outlining what you plan to cover increases the likelihood that you will cover all of the crucial points. You may refer to your notes or documents during your testimony with permission of the court, but keep in mind that opposing counsel may also look at any document you use to refresh your memory during the trial. Click here for some terrific information on the financial aspect of divorce.

Also make an outline of what you anticipate your spouse’s case against you will cover.  Be prepared to answer questions about those issues.  For example, if your spouse has repeatedly accused you of over spending, assume that this will be one of his or her arguments in the case, and be prepared to justify your expenditures. Click here  for an article on some of the caveats of mismanaging money within a marriage.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

  • Share/Bookmark

Bad Behavior has blocked 180 access attempts in the last 7 days.