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Missouri, Illinois and Kansas Fathers' Rights & Divorce Law Blog

Tax changes to know about for 2019

44968867_S.jpgDivorce can be difficult for anyone who is going through it. However, Missouri residents and others will need to be aware of key recent tax changes that may play a role in a divorce settlement. Perhaps the most well-known change is that alimony will no longer be a tax deduction for the payer. This could mean that those who are asked to make such payments will pay less than in previous years.

Those who are set to receive payments may try harder to get as much as possible since they no longer have to submit taxes on that money. There are a couple of other changes that are related to the new tax law, and they could impact those who have prenuptial agreements or try to modify their agreements in 2019 and beyond. Individuals who have a prenuptial or postnuptial agreement may benefit from reviewing and renegotiating their deals prior to 2019.

Child custody and visitation

112689305_S.jpgUsually, when Missouri parents get a divorce, they either share physical custody or one has physical custody while the other has visitation rights. There are actually two kinds of custody. Legal custody refers to which parent has the right to decide what religion the child will be raised in, what kind of medical care the child will get and other major issues.

Physical custody refers to where the child lives. The child lives with the parent who has physical custody, but if parents do not share physical custody, this does not mean the other parent cannot see the child. Usually, the other parent will have visitation rights. This means the child visits the parent but does not live there. A parent can have sole legal and physical custody, or parents may share legal custody but not physical custody. Parents can also share both legal and physical custody.

How to transfer a home during a divorce

14615291_S.jpgWhen people in Missouri decide to divorce, the family home may be one of their largest and most emotionally charged assets. At the point when the couple must decide how to handle the marital home in a divorce, it is important for both spouses to thoroughly examine their financial circumstances to reach a decision that can help them thrive financially after the split. There are a number of factors that can contribute to that decision, including the amount of equity in the home.

This could determine the amount that one spouse needs to provide to the other in order to compensate them for their share of the home and affect whether that spouse seeks to keep the house at all. If so, it can be important first to establish that he or she can receive a refinanced mortgage for the remaining amount owed. It is relatively easy to transfer a jointly owned home into the name of one person for ownership purposes. The other owner simply needs to sign a quit claim deed to the former spouse as agreed to during the divorce. However, that is not enough to extinguish the other spouse's obligation to pay the mortgage.

Study examines effects of cohabitation

33769156_S.jpgCouples in Missouri who cohabit before they get married might be more likely to get a divorce, according to a new study. The results of the study, which seemingly dispels popular notions about relationships, were published in the September edition of the Journal of Marriage and Family.

Researchers found that the couples who cohabited were more likely to face struggles during marriage. The only time in which this does not appear to be true is in the first year of matrimony. Spouses who did not live together tend to struggle more right off the bat. Researchers attribute this to a more significant adjustment period. However, after that year, the greater risk is for those who cohabited.

A guide to foster parent's bill of rights

69456670_S.jpgIn the state of Missouri, foster parents have certain protections under the law. They have the power to make decisions about the daily activities of children under their care, and they are allowed to practice their own family values while remaining respectful of their foster child's own cultural heritage. All discipline that's carried out by foster parents needs to adhere to current state law, and it's purpose must be to direct and teach the behavior of the child.

Foster parents have the right to arrange visitation between the foster child and any siblings or biological family. Whenever possible, these meetings should meet the needs of all parties involved. Visitation is crucial for the development of children within the foster system, so it's important for foster parents to be flexible and cooperative when it comes to these meetings.

Consequences and solutions when a parent fails to pay support

30717816_S.jpgAll situations have two sides, including the issue of unpaid child support, as some Missouri parents learn when faced with this situation. Although it is common to associate unpaid support with fathers, hence the stereotype of the deadbeat dad, the reality is that both mothers and fathers find themselves in situations where they fall behind on their payments, sometimes due to situations out of their control.

When it relates to family law, however, it is important to understand the consequences for parents who fall behind in their payments, the options available to these parents and the options available to the custodial parent awaiting child support. For parents who have fallen behind in payments, the consequences include having their pay garnished, withholding their federal or state tax refund, having their unemployment payments intercepted or even facing jail time. When a parent falls behind because they cannot pay because of job loss or similar situations, they can ask for the payments amount to be reevaluated. In some states, parents who have fallen so behind that they cannot ever repay the entire amount might also be eligible for waivers of late support fees when they begin making payments.

Why some couples might choose a prenup

56812635_S.jpgCouples in Missouri may hesitate to create a prenuptial agreement because they are worried about how their families will react or even that the agreement could increase the chance they will get a divorce. They might also worry about revealing their own financial problems such as bankruptcy. However, a prenup can build communication between a couple along with important protections if they do divorce.

If one person is likely to accumulate debt, a prenup can establish that the other spouse will not be responsible for that debt in the case of divorce. A prenup can also be helpful if one person is bringing significant assets into the marriage and wants to protect those assets. If spouse owns a business, the prenup may ensure that the other spouse does not have a claim on it in a divorce. Increasingly, people are even using prenups to state who will get pets.

Divorce correlated with marrying on special days

35859536_S.jpgWhen people in Missouri are planning to get married, some think that they should choose a special date for their weddings. Recent research indicates that doing so is correlated with a higher likelihood of getting divorced, however.

According to a study conducted by researchers at the University of Melbourne, couples who choose specific dates such as Valentine's Day are likelier to divorce. The researchers analyzed data from 1 million couples who married. Of the couples who married on Valentine's Day, 11 percent had gotten divorced within five years and 21 percent had divorced within nine years.

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  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
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