Child custody, visitation and support are but a few of the items to resolve.
Divorce is often a necessity.
Holdsworth and Allen’s representation allows you to be well informed so you can make the best decisions possible in your case and allows your voice to be heard as divorce issues such as spousal and child support, custody and property division are resolved. Separating and divorcing is never easy, we make sure that your rights are protected while you go through the process.
How Often Will You See Your Children?
Make sure your rights are protected. Put yourself in a position to obtain or maintain the greatest amount of parenting time available to you. Holdsworth and Allen, P.C., will assist you in devising a proposed Parenting Plan which fits your life and your schedule.
What are the Needs of Your Children?
Professionals now emphasize the needs and interests of the children, not the just the rights of the parents. Even infants form multiple attachments and bonds, setting the pattern for their lives. Each child should spend time with both Mom and Dad after divorce. Your focus may change as a couple, but your children’s needs do not.
Maintenance—A Part of Divorce
Maintenance (formerly called alimony) causes both men and women groan; the primary wage earner of the marriage will often feel exploited, while the other party may feel to be at the financial mercy of their spouse. There are several factors which are to be considered by the court in determining whether maintenance should be ordered and, if so, the amount which should be ordered paid. While some jurisdictions offer a mathematical formula for determining the amount of maintenance to be paid, Missouri does not provide such clear guidance. If you have questions about this issue, in your case, please call and schedule an appointment to discuss this often difficult area of the law.
Child Support is a different issue and as we all know it is expensive to raise a child. Both the father and the mother need to continue their financial and emotional commitment to the children. Missouri does utilize a formula for determining the amount of child support to be paid in each case. This formula/calculation is utilized in a form called a “Form 14.” While Missouri’s Form 14 may offer an “easy” way to determine child support in your case there are a significant number of factors which can substantially impact this calculation.
It Is Practical to Consider Tax Payments
Unlike child support, maintenance is taxable to the recipient and deductible by the paying spouse under the rules of the Internal Revenue Service. Maintenance (alimony) is paid weekly or monthly for a court ordered length of time or until the death of one of the spouses or the remarriage of the recipient. As a result, there are times when high earning spouses are better off paying family support in the form of maintenance rather than child support.
You are at the Mercy of the Judge
Judges have enormous discretion when awarding maintenance. That creates uncertainty, and often makes litigants settle cases instead of taking their chances with a judge. Notwithstanding this fact good legal representation will allow you to obtain the best possible scenario when dealing with these issues.
Dividing Your Assets
Certainly most courts attempt to divide the marital property of the parties on an equal basis. The question in your case is determining what is and is not marital property and marital debt and finding the best way to divide your property and debts. Certainly the most typical significant assets in a marriage are real estate and retirement plans. There are significant benefits and burdens associated with these assets and you certainly should speak with an attorney before making any final decisions regarding the division of your assets and debts.
Lawyers help clients by identifying and valuing assets, and then negotiating or litigating for the best possible outcome.
What Should be Considered
Divorce courts deal with all kinds of assets such as frequent flyer miles, stock options, houses, time shares, star or celebrity status, pensions, retirement accounts, cash, savings, pets, inheritances, trusts, lottery winnings, medical licenses, family businesses, art, jewelry, antiques, guns, stamp collections and other collectibles, gifts, engagement rings, household contents, cemetery plots, country club memberships, and just about every item you own. If you have property concerns in your divorce please call our Liberty, MO office for an appointment today. (816) 665-3054