Parenting plans are agreements made between parents who are separating or divorcing. They are designed to outline how the parents will continue to care for their children moving forward. Parenting plans are an essential part of ensuring that the children’s best interests are prioritized, and the plan outlines specific details that both parents must adhere to. In this article, we will discuss parenting plans in more detail and their importance in promoting positive co-parenting.

Benefits of a Parenting Plan

One of the primary benefits of creating a parenting plan is that it ensures that both parents are on the same page regarding the children’s care. It’s essential to remember that children are affected by the breakup of their parents, and the creation of a parenting plan can help to minimize the disruption to their lives. The plan outlines details such as where the children will live, the amount of time they will spend with each parent, how decisions about the children will be made, and how conflicts will be resolved.

Parenting plans are also an effective way to promote positive co-parenting. When parents agree to a plan, they are acknowledging that they both have a role to play in their children’s lives and that both parents have a responsibility to ensure that their children are cared for properly. The plan provides a framework for communication and cooperation between parents, which can be essential when dealing with issues such as scheduling, discipline, and education.

Minimizing Conflict

Another benefit of parenting plans is that they can help to minimize conflict between parents. Divorcing can be an emotional and difficult time, and it’s not uncommon for conflicts to arise. The creation of a parenting plan can help to minimize disagreements by providing a clear outline of expectations and responsibilities for both parents. By having a plan in place, both parents can focus on their children’s needs, rather than on their own personal grievances.

Benefits to the Child

In addition to providing a framework for parenting, parenting plans can also be used to protect the children’s emotional well-being. For example, a parenting plan can outline rules regarding communication between parents and children, ensuring that children are not caught in the middle of conflicts. Additionally, the plan can address issues such as introducing new partners and ensuring that the children are not exposed to new relationships too quickly or in a way that could cause distress.

Modifications

It’s worth noting that parenting plans are not static documents. As children grow and their needs change, the plan may need to be updated. Parents may need to revisit the plan if new conflicts arise or if there are significant changes in their lives, such as a job change or a move to a new location. However, having a plan in place provides a starting point for discussions and ensures that both parents are on the same page regarding the children’s care.

Parenting plans are essential for ensuring that children’s needs are prioritized during a separation or divorce. They provide a framework for communication and cooperation between parents, minimize conflicts, protect children’s emotional well-being, and ensure that both parents are aware of their responsibilities. While parenting plans may require adjustments over time, having a plan in place is a crucial first step in promoting positive co-parenting and ensuring that children’s needs are met. If you are going through a separation or divorce, it’s essential to work with a family lawyer in creating a parenting plan to ensure that your children’s best interests are prioritized.

Thanks to our friends at Law Group of Iowa for their insight into parenting plans.  

In most cases, child support and spousal maintenance are two separate entities, granted to a spouse during a divorce. However, there are certain occasions where they may be granted as one payment. This most often occurs when one spouse has a significantly lower tax bracket than the other, but it can happen more often, depending on the specific facts of your case. Your divorce lawyer can help you determine which option is best for you.

How It Works

Unallocated support is the term used when the same person pays both child support and spousal maintenance, leading to one lump sum paid instead of two clearly separate amounts. This is not something that a court will typically order, however, it will generally abide by this method if both spouses have agreed to this type of arrangement.

If you and your spouse do agree to handle support in this manner, the obligor (the paying spouse) will simply pay one lump sum to the obligee (the receiving spouse) for both child support and maintenance. As one might assume, this method is usually only successful if you and your soon-to-be-ex-spouse have a civil relationship. If there is too much acrimony between the two of you, it can become too easy to get bogged down in the “scoring points” mindset against each other.

Tax Questions

As your divorce lawyer can explain, child support has never been tax deductible for either the spouse receiving the support or the spouse paying it.

Historically, spousal support was deductible by the payer and taxable to the payee. However, beginning January 1, 2019, spousal support was no longer a deduction for the spouse who has been ordered to pay and is no longer included as income for the spouse receiving the support. This applies to all divorce or separation agreements entered into after December 31, 2018.

For those agreements prior to that date, the paying spouse can still take the spousal support as a tax deduction. Therefore, the blended amount of the unallocated support amount is a tax deduction. If the support payments were separate, like the majority of issued support orders, only the spousal support would be a tax deduction. By having the payment amounts combined into one payment amount, the paying spouse enjoys a larger tax deduction benefit on their taxes.

Again, this does not apply to divorce or separation agreements that were entered into once the calendar page began on January 1, 2019.

Seek Experienced Legal Assistance

Regardless of how support is allocated, the important thing is that everyone receives their fair due. If you think unallocated support may be a method that would work in your divorce, your divorce lawyer can evaluate your situation and determine which method would benefit you the most.

Thanks to each divorce lawyer from the Law Office of Daniel E. Stuart, P.A. for their insight into how unallocated support works in a divorce.

While bringing a lawyer into your family affairs can sound uncomfortable, sometimes you need legal assistance navigating a family issue. When you need to find a top family lawyer, our friends at Winfrey Law Firm, PLLC say that people often hire attorneys to deal with divorce, prenups, child custody or visitation, adoption, and more. In addition, you may hire an attorney to ensure your legal paperwork is in order. Other times, however, you may hire a lawyer to overcome a difficult separation. We’ll explore a few factors to consider before choosing a family lawyer. 

1. Interview Lawyers With Your Needs In Mind 

When interviewing an attorney or law firm, be as straightforward as possible about your specific needs. These needs should go beyond “I’m getting a divorce” or “I want to retain full custody of my child.” Instead, you’ll want specific goals in mind, explaining specifically why you’re seeking an attorney’s help. Since family law covers a wide range, you’ll want to hire an attorney who has experience dealing with cases similar to yours. For example, divorces with children are far more complicated than divorces with just two spouses. 

2. Gauge How Well You Can Work With An Attorney 

You’ll likely need to divulge sensitive information when working with a family lawyer. For example, besides divulging finances, you may need to divulge specific details about your marriage, your current or ex-spouse, any special needs your children have, etc. For these reasons, you should be able to communicate freely with your attorney. Therefore, when interviewing an attorney, ask yourself questions like, “Do they explain things in a way that makes sense? “Can they answer any questions I have?” “Do I feel comfortable around this person?”

3. Choose An Attorney Whose Objective With You 

Your attorney should always be objective with you and provide you with favorable but realistic results. For example, following an emotional time like needing to get a divorce, it’s not uncommon for spouses to feel like they should be entitled to more possessions or to feel like they should receive full custody of their children because their partner was unfaithful. However, sometimes you may need to compromise, and you should hire an attorney who isn’t afraid to explain your realistic options. 

4. Choose An Attorney Who Isn’t Afraid To Fight, Either 

Sometimes it makes sense to compromise, but there are some situations where you may feel like compromise is out of the question. For example, suppose a spouse is physically or emotionally abusive, has a substance abuse problem, cannot provide a suitable living environment, etc. In that case, it makes sense that you wouldn’t want them to have any child custody. 

5. An Attorney Comfortable With Settlements and Litigation 

Some family law cases settle outside the courtroom, while others end up in the courtroom. In many situations, it’s better to settle outside a trial, but other situations do call for a trial. Regardless, you’ll want an attorney comfortable handling both scenarios.

Divorce

Going through a divorce can be one of the most difficult things that someone has to do in their life. They are splitting up with the person that they thought they were going to spend their whole life with. They may have also built a family with that person that includes children and a home. All of these things can be difficult to overcome but it’s important to know that they can be overcome. However, it is important to not only think of yourself in a divorce but also of your children if you have them. Children will respond differently to a divorce but it can be quite difficult for a lot of them. 

Effects on Children

Divorce can be an especially difficult time for children. It could be a traumatic experience for them depending on their age and what they can understand. This will be a huge change for them and is something that both parents should approach carefully with their children. It’s important for children to know that even if the parents are splitting up, the children do not also have to split up. They can share time with each parent and still enjoy their company and love. 

Child Support and Custody

Child support and custody are two items that anyone getting a divorce with children needs to consider and understand. These two items are some of the most common stressful points in any divorce. Child support is the money given to another parent to help care for their child or children. It is determined based on who has custody and how much money each parent earns. Child custody is the term for who receives the legal custody, or guardianship, of taking care of a child. Child custody is determined based on quite a few factors. Some of those factors include how loving the relationship is between the child and the parent, who the child wishes to live with, whether the parent can meet the needs of the child both financially and physically, where the parent lives in relation to the child’s school and other necessities, and more. Child custody and subsequent child support are items that can cause an even further rift in a divorce or be a great stress point. That is why many people turn to a legal professional with experience who can help with these matters. 

Assistance is Available

Legal assistance is available from legal professionals like Robinson & Hadeed. Lawyers like these have ample experience in helping couples get through a divorce as well as helping families with issues like child custody and child support. These things can be hard for anyone to navigate through which is why it is recommended to speak with a family law lawyer turns to for their family matters. Many issues can arise throughout these cases and lawyers know about the different nuances that may arise. They also can be great negotiators for different things like child support and custody. 

When initiating a divorce, you’re supposed to inform your spouse by serving them paperwork. The law states that you have to give your spouse an official notice that you have begun the divorce process, and the best way to do that is by giving him or her a copy of the same paperwork you submitted with the court. The judge for your divorce case is not going to impose any judgments or enforce permanent orders until you have successfully served divorce papers to the other spouse.

There are certain people that can serve divorce papers to your spouse by hand delivering it to them, such as a friend, relative, co-worker, professional process server, marshall, or county sheriff. As long as the person is over the age of 18 and is not a part of your divorce case, they can serve your spouse documentation. The person you choose as the server must deliver the divorce paperwork within a reasonable amount of time, complete a proof of service form, and then return it back to you and the court. This proof of service informs the court who was served, when and where it happened, and the manner in which it was delivered.

If it does not seem appropriate to hand deliver the divorce papers, there are other ways that you can get it to your spouse. You can send it to them by mail, substitute of service (such as leaving a document at another’s home), service publication (publishing summons or complaint in local newspaper), or service by posting (if your spouse is not locatable, you can post it at the courthouse with approval). As always, your lawyer is someone you can turn to for advice on how to serve your spouse divorce paperwork so that you remain safe and that the task is done properly. 

If you and your spouse have a contentious relationship where there is not an agreement to the divorce, you’ll probably need to hire a professional to deliver the paperwork for you. Your lawyer can recommend a process server and ensure that documents are filled out properly and served accordingly. Feel free to ask questions to your local court clerk, court self-help center, or family court services. Keep in mind that if you need a process server, there will usually be a fee depending on how many times it takes to serve the paperwork, among other factors. Some spouses will be more elusive than others, so your process servicer may need several attempts and to use certain strategies to find them.

Similar to what our divorce lawyer associates from Bernie Kempen would suggest, it often takes collaborative effort from several professionals for divorce paperwork to be successfully served to the other spouse, particularly if they do not agree to the separation. Numerous attempts and investigative strategies may have to be used before a spouse can be successfully served.