Family Law Blog

What Conditions Allow for Termination of Spousal Support?

Thursday, January 25, 2018

Spousal support was designed and put in place to help half of a divorcing couple get back on their feet after a separation. In many marriages, there is one spouse who earns more and one who earns less for a variety of reasons. Perhaps one spouse decided to stay home and care for the children, leaving them without income and work experience in the event of a divorce. However, spousal support is not forever. It has the ability to be modified and even terminated. However, what are the conditions for termination when it comes to spousal support?

Spousal support termination can be achieved through a variety of different conditions. These conditions include:

  • Self-Sufficiency Through Employment - Once the spouse receiving spousal support payments has obtained a job that allows them to be self-supporting, it can be petitioned by the courts to terminate or otherwise modify spousal support. However, even if a spouse is employed doesn't mean they are receiving enough to support themselves fully.
  • Getting Re-Married - Getting re-married is automatic ground for termination when it comes to spousal support. However, never try to game the system by putting off marriage. Courts will agree to termination if you are simply cohabitating with a romantic partner as well.
  • Retirement - If the paying party is ready to retire, they can request that spousal support be terminated or reduced in order to match their lower retirement income. However, the paying party must be retirement age or otherwise unable to work. They cannot retire early for the purpose of eliminating spousal support payments.

If you are seeking to modify spousal support payments or are getting divorced and want spousal support on the table, contact us today. Let the Law Office of Jamra & Jamra help get you the results you desire.

Does Child Support Include College Education?

Friday, January 19, 2018

In many cases, child support is seen as a way for the custodial parent to better care for their child after divorce. It helps with various expenses that come with raising a child. However, when getting a divorce with older children, the custodial parent may wonder if child support should include expenses such as college education.

In truth, child support can include payments for college education. However, when children are young and their parents are getting a divorce, often the courts will leave the issue of who pays for college until the child is older. This is often done because circumstances can greatly change over that time period and the courts do not know if or what kind of college that child will pursue.

However, once that age has come, both parents may need to return to court to discuss the issue of tuition. Unlike child support payments, both parents will be expected to pay their fair share of a child's tuition. This means if your ex-spouse has attained a higher paying job since child support started, they may be expected to pay more towards college expenses. However, even the custodial parent will need to pay a share as well. Issues factored in to this include what sort of education the child is pursuing, their academic record, and any financial aid they are receiving, such as scholarships. Depending on these factors, the parents may have to pay more or less, but the amount will be split regardless.

If you are pursuing a divorce with older children, their college education is undoubtedly a worry. If you want to talk through your divorce and child support options, contact us today to see what the Law Office of Jamra & Jamra can do for you.


Spouse is Employed, But No Spousal Support is Being Paid

Tuesday, January 16, 2018

After a divorce, spousal support is put in place to help you restart your life. However, while there are exceptions made for spouses that lost their jobs for reasons beyond their control, if your spouse is employed, they should be paying. Perhaps you gave them a little leeway in terms of payment, but what do you do after a few reminders haven't manifested in payment?

 If spousal support payment is not being made, your only most effective option is to return to court, but even then receiving payment is not a guarantee. While your spouse may be employed, sometimes the court will state that they do not have the funds to adhere to their spousal support payment, particularly if there is a substantial amount past due. However, a judge may initiate any of the following to see that payment is followed through.

  • Wage garnishment
  • Offsets of tax returns
  • Garnishment of retirement accounts
  • Spousal support reduced to a money judgment
  • Suspension of passport, driver's license, or professional license until payment is made

If your ex-spouse has the funds in order to be paying their spousal support, all of the above will be used by the court to make sure they pay you what is due. If they have been consciously withholding payment while also having the means to pay it, you may also receive past due payments to help make you whole.

If you are getting divorced or have an ex-spouse that is not making spousal support payments on time, contact us today. Let the Law Firm of Jamra & Jamra help make sure you get the spousal support that you need so you can get back on your feet after a divorce.


Challenges of Early Life Divorces

Friday, January 12, 2018

You know what they say, your younger years are for making mistakes. However, for most people, those mistakes don't include a bad marriage, or rather, they don't realize it is a mistake until much later. However, if you get married young and realize it was a mistake, getting a divorce in your 20's can provide some unique challenges.

One of the most unique challenges you will face is the social stigma. Friends and family will likely have the "I told you so" of it all ready to go once the filing has begun. For many, this may pressure them into staying in an unhappy marriage because they don't want deal with the negativity. However, one of the benefits of realizing a marriage is not working while you are young is that you have plenty of time to start over. Don't let it ruin you for other relationships, but rather use it to know what you want out of your next one.

Furthermore, another unique challenge you face through an early divorce is the financial strain of the process. You may not have to deal with stock portfolios or retirement accounts quite yet, but many young divorcing couples find the divorce process more expensive than they can afford. This means it might be difficult to come up with funding for the legal process, but typically in early divorces, there is not much in the way of asset division. Neither you or your spouse have become accustomed to a lavish way of living because the wages in your early years are somewhat low. Typically this means asset division is easier, but you should both plan for post-marriage life before divorcing. Money may be tight and you should both allow yourself enough time to make arrangements.

While early divorces are stressful and expensive (though not more or less expensive than if you were married 10+ years), you still should not be afraid to go through with it. You deserve to be in a marriage where you are happy. If you are young and considering a divorce, contact us today.

Can Seeking Help For Mental Health Issues Hurt Your Family Law Case?

Tuesday, January 09, 2018

While many things have gone from having a certain stigma to them to being completely accepted by society, mental health is not one of them. Often when someone does something wrong, their mental health is usually the first to catch the blame. This creates a bad stigma for even those who are actively taking care of their mental health via scheduled visits to a psychologist or psychiatrist and sticking to a medication plan.

Unfortunately, if you are going through a divorce or filing for custody of your children, it can be brought to light. Just like your doctor, your licensed mental health professional is bound by oath not to disclose your mental health record to anyone not approved by you. However, that doesn't stop ex-spouses from bringing it up in court to use as a potential weapon against you.

However, while they make seek to make a stigma work in their favor, bringing up your mental health in court may not always work against you. If you are regularly keeping appointments and have a lengthy record of taking prescribed medication for your mental health, it shows you are responsible and have dedicated yourself to getting better. Opposed to ignoring instability or going off and on your medication plan frequently, seeking the help of a professional shows responsibility that will only reflect on you in a positive manner.

Despite a stigma about it, the only way that mental health can hurt a family law trial is if you are sporadic with your appointments or prescribed medication. Even then, this can be repaired by recommitting yourself to getting help. If you are going through a divorce or a custody case and worried that your mental health may be used against you, contact us today to talk over your potential options.


What Happens When A Child Doesn’t Want to Have Visitation?

Tuesday, January 02, 2018

Often when it comes to visitation issues, typically it is one parent not showing up to a scheduled visitation, resulting in understandable heartbreak. However, occasionally it can actually be the child that doesn't want to attend a visitation. Maybe they are bored just watching TV with dad all day, or maybe mom is seeing someone new and it is resulting in some discomfort on their part. Regardless of the reason, what happens when a child no longer wants to attend visitation?

If the custodial parent denies visitation, they can be held in contempt of court. This can still happen if your child is refusing. This is why the custodial parent needs to take steps in order to remedy their relationship with the non-custodial parent.

The incontrovertible first step should always be to ask your child why they don't want to go. Sometimes it can be from neglect or abuse, and then that becomes a whole different ball game where you can often have visitation revoked. However, if it is something like boredom and negative emotions, often you can ask your ex-spouse to address these issues. Perhaps it would be better to spend time with their child doing more interesting things or it would be better if their new significant other wasn't around until they were more comfortable. You, as the custodial parent, need to explain very clearly how spending time with both parents is important. Make sure it is known that both sides love them and both sides always want to spend time with them.

If your child still refuses, a last resort may also be asking your ex-spouse for a little break from visitation. However, this might open you up to legal action. This means that if your child is refusing visitation, you may want to contact us to talk your options over with a lawyer.