Archive for the ‘Collection’ Category

Telling Your Children You Are Getting a Divorce

Monday, January 9th, 2012

by Chris Palmer

One can only imagine how difficult it is to explain to your children why their parents are divorcing.  The questions, the pleading, the tears, the apologies and the shattered desire of sheltering your children from life’s pain.  For a parent that puts their children first, this pain has to be right at the top of the list of unpleasant experiences. However, others use that moment not to delicately guide their children into their new existence, but to destroy the other parent in the eyes of the children.  Too often children are intentionally sucked into divorce litigation and they become the victims of their parent’s need to win at all costs.

A recent article provides a thoughtful analysis of the process of explaining to your children that you are divorcing.  There are right ways to tell the children and there are certainly wrong ways to tell the children. The article recommends the following steps as the correct way to ease your children into a divorce:

  1. Tell your kids together, despite your differences.  They need to see that both of you will still be their parents.
  2. Don’t blame or criticize your spouse.  Accept responsibility for the split and use this as a first step in developing a new relationship with your children as divorced parents.
  3. Explain what post-divorce life will look like for the children.
  4. Rehearse the conversation with your spouse.  Anticipate the questions and be prepared with responses.
  5. Remind the children that they did nothing to cause the divorce.
  6. Be patient and give your children time to adjust.

Anyone divorcing, with children, would do well to take the points mentioned in the article and use them in discussing divorce with their children.

Child Support Contempt Defense

Wednesday, July 6th, 2011

by Chris Palmer

The laws and procedures concerning the enforcement of child support orders greatly favor the person receiving the money.  But there are defenses.

Normally, the person receiving child  support simply alleges that child support was not properly paid and then it becomes the obligation of the payor to prove that payment was made or to prove a valid defense.  If payments were properly made, then the contempt action is dismissed.  If payments were not made, the person paying must prove a recognized and valid defense to the allegation of nonpayment in order to avoid being held in contempt of court.

One of the main defenses to a charge of contempt (other than proving payment) is that the nonpayment is based on an inability to pay the child support.  There has to be a genuine inability to pay and not a situation where the paying party overextended themselves through frivolous spending.  This means that the party must spend money on only basic needs and then apply everything else to the child support payment.  A defendant that claims inability to pay but on cross examination reveals the amount of money spent of non-necessities (beer, cigarettes, etc.) often leaves the courtroom in handcuffs.

Ambiguity in a child support award can also be a valid defense.  For example, a court order that requires a person to pay “14% of their monthly income” would be unenforceable and too ambiguous since it would be subject to multiple interpretations.  Support awards should contain a specific dollar amount in order to avoid ambiguity in interpretation.

While there are other valid and acceptable defenses, the best defense is to avoid getting behind in the payment of child support in the first place.  Finding yourself on the wrong side of a contempt complaint can result in incarceration, wage garnishment and having to pay the other party’s legal fees.   If finances create the necessity of a “financial juggling act” when monthly bills come due, it is far better to not pay a credit card bill than it is to not pay child support.