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.

It was a shock. Your wife tells you that she’s in love with somebody else and she wants a divorce. She’s already retained a lawyer. What do you do now?

You’ve asked friends and acquaintances for references of good attorneys, but their recommendations end up either being real estate or patent lawyers or high-priced divorce attorneys who treat divorce like war and promise to “take your wife to the cleaners.” None of these seem to fit the bill.

So, what should you be looking for in a good divorce attorney?  Here are a few suggestions as originally published at divorcemag.com.

1)      Practices family or matrimonial law.

2)      Is connected to other professionals, who may be needed during a divorce (e.g., certified divorce financial analysts, custody/parenting experts, etc.)

3)      Has Relevant Experience in Divorce Court. An old friend from college with no divorce court experience is NOT the right choice. Divorce is a complex process. Having an attorney familiar with the subject matter and with the local court’s rules and judges is important.

4)      Negotiates skillfully. An attorney who can represent your interests and avoid protracted court battles will save you time, stress and money!

5)      Tells you the Truth. You need someone who can tell you if an offer is fair and worth taking rather than someone who tells you what you want to hear and shares your desire to seek revenge.

6)      Is Compatible. You need to be comfortable enough with your attorney that you can respond honestly about questions he/she ask about your mental and physical health and other personal issues that may be relevant to the case.

7)      Is Totally Candid. You’ll want someone who will be up-front with you, not only about the costs of the divorce, but about the problems with your case, how the judge is likely to rule, and if your views appear to sound vindictive.

8)      Has No Conflicts of Interest. You don’t want to share a lawyer with your spouse or hire your spouse’s friends or relatives, creating a conflict of interest for them and trouble for you.

9)      Is More than a Pretty Face. Perhaps it goes without saying, but you should never choose a lawyer based on his/her physical appearance. You should be looking for competence!

Household Cases

Family cases are a type of civil case, but they normally involve problems in between or worrying spouses, moms and dads, and children. Family courts deal with a wide variety of cases including domestic matters. The most common concerns dealt with at family court consist of:

Marital relationship Dissolution. 

When someone wishes to end a marital relationship, they can submit a case at family court to ask for a court order ending the marital relationship. Marital relationships can be ended through divorce or annulment cases. The court can also grant a separation, where the court issues orders concerning property, alimony, and child custody, but the celebrations stay legally married. You can find more info on the Divorce, Annulment, or Separation areas of this site.

Paternity and Kid Custody. 

When a guy needs to be declared the father of a kid, either moms and dad can submit a case asking the family court to identify paternity. This completely develops the dad of the kid. Unmarried moms and dads can also ask the court to purchase legal custody, physical custody, visitation schedules, and kid support. You can find more details about these types of cases on the Custody, Paternity, & Child Support section of this site.

Protection Orders Against Domestic Violence. 

Victims of domestic violence can ask the family court to issue security orders to keep their abuser away. Please visit the DV Security Orders to learn more.

Name Changes. 

A child or an adult may have the ability to legally alter their name through a name change case at family court. Please check out the Name Change area to learn more.

Guardianship.

 Guardianship involves determining who will be accountable for the medical, personal, and monetary decisions over a kid or an adult who can not care for themself. More details can be found on the Guardianship area of this site.

Termination of Adult Rights and Adoptions. 

If there are major reasons that a parent needs to no longer have an adult relationship with a kid (such as desertion, neglect, abuse, etc.), the family court might terminate that moms and dad’s rights. If someone else wishes to end up being a kid’s legal mom and dad, the family court can give an adoption where the parent-child relationship is legally created. More info is located on the Adoptions and Terminating Parental Rights area of this website.

One reason you may choose to develop an estate plan is to bolster the protection of your assets. Whether you have a small or large amount of assets, asset protection should be a critical part of every estate plan. Distributing your assets to your named loved ones is important to do early in case you are ever incapacitated or pass away. Making the right preparations ahead of time can help you avoid unnecessary legal expenses and save your family from dealing with a complex legal situation. An experienced estate planning lawyer can explain to you about your options for keeping your assets safe and secure. 

What are the benefits of an estate plan?

An estate plan is an excellent way to protect your assets from being accessed or handled by the government or individuals you don’t want obtaining your assets. Several benefits that an estate plan offers in regards to your assets include:

• Reducing or avoiding taxes
• Protection from lawsuits
• Protection of assets not covered by insurance

Working with an estate planning lawyer, like one from Klenk Law, can help you identify which of your assets are protected and which aren’t. They can suggest your list of assets and categorize them properly so you reduce the risk of losing them. 

How do you protect assets from creditors?

One method of asset protection that is useful to keep your assets out of reach from creditors is an irrevocable trust. An irrevocable trust is a form of trust where only the beneficiary can give permission to alter its established terms and conditions. When you place your assets in this trust, you give up your authority to control those assets. This type of trust is a popular option among individuals in professions where they are vulnerable to lawsuits, such as law or healthcare. If you have questions about setting up an irrevocable trust, a lawyer can assist you. 

How do you protect assets from divorce?  

To protect your assets from divorce, a lawyer may advise you to create a prenuptial agreement or cohabitation agreement. Trusts such as irrevocable trust or a revocable living trust are also effective in keeping your assets safe. 

The process of forming a robust, comprehensive asset protection plan can be simplified by hiring a competent and respected lawyer who can review your finances and suggest strategies that match your estate planning needs. Learn more about the different methods that can be used in asset protection by consulting with a lawyer.