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father decorating Christmas tree

Holiday Survival Tips for Divorced Dads: Child Custody Guide

Written by Joseph E. Cordell on . Posted in Family Law.

The holidays are often the most difficult time of the year for divorced parents, especially if the divorce or separation is fairly recent.

There are a number of logistical hurdles involved in dividing holidays between both holidays in addition to reconciling potential feelings of anger or loneliness that can wreck what is traditionally a joyous time of year. That can be particularly challenging for fathers who are often designated as the non-custodial parent.

As tough as it is, advanced planning and a good attitude can go a long way towards reducing the stress of the holidays for yourself and children while also starting some new traditions that you all grow to cherish.

Holiday Custody Schedule

Communication is one of the most essential parts of co-parenting and its importance is magnified during the holiday season.

You and your ex might have disagreements, but coming up with a schedule that works for both sides ahead of time and sticking to it can mitigate one of the most common issues divorced couples face during the holidays.

If you’re already divorced, the holiday parenting time schedule should already be set out in the parenting plan of your settlement agreement. This court order must be upheld or else the offending party could be held in contempt of court.

However, if your separation is recent or you have yet to receive official orders from the court, conflict can quickly arise since nothing officially designates the parenting agreement. If parents are not officially divorced, they are presumed to have 50/50 custody until the court says otherwise.

This can result in issues since there’s little that can be done if one parent decides to refuse visitation.

It’s important that you and your ex put your personal disagreements on the backburner to work together on an agreement that will minimize conflict for your kids. Odds are, they want to see both of you on Christmas, especially if this is the first year that the holidays are different for them.

The first holiday season after divorce will almost certainly be the toughest, but the smoother you make the transition for the children, the better they will cope.

New Traditions

One of the most effective ways to get past the awkwardness that is inevitable during the first holiday season as a divorced family is to start new holiday traditions. This is a great way to make things fun and create new memories while avoiding dwelling on the past.

Your new traditions don’t have to be anything elaborate. It could be something as simple as buying a tree and decorating it or coming up with fun ways to stay connected while your part in the days leading up to Christmas.

You could even start new annual events, like driving through town and trying to find the most elaborately decorated house.

Whatever you do will depend on your holiday custody schedule, as well as your ex’s flexibility.

Many courts will implement commonly used custody schedules, such as alternating Christmas Eve and Christmas Day every year. Some courts will also allow parents to share holidays under certain circumstances.

Regardless, you’ll still have the chance to come up with new traditions so that your children get the most out of the holidays even though their parents are divorced.

The task of creating a fair parenting arrangement during the holidays is much trickier if the court has yet to issue orders. Keep in mind, even if you and your ex no longer get along, it is still your responsibility as parents to do what is right for the kids so they have a happy holiday season. That means shielding them from the conflict between you and your wife as that exposure can be psychologically damaging.

Coming up with fun new traditions can help soften the stress and heartache your kids experience and also gives you some peace of mind during this hectic time of year.

Custody Disagreements

Even if you enter the holiday season trying to keep things civil and friendly, many divorced parents inevitably run into issues regarding the custody schedule.

This is especially tough for non-custodial dads since they already get less contact with their children than is ideal, and when problems do come up during the holidays they tend to be the ones who get the short end of the stick.

If you’ve received court orders outlining a custody schedule and your ex refuses to abide by them for any reason, you can hold her in contempt of court, although that may come later since courts are typically booked this time of year and it can take quite some time to schedule a hearing.

If you have yet to receive court orders, it could be more difficult to get make-up time ordered, but it’s not impossible.

Make sure to document everything that happens. Save texts and emails because they can be used in court as evidence and any excuse your ex makes for going against initial plans could be used to prove to the judge that she is in the wrong.

It’s a good idea to get your plans in writing ahead of time, whether that is in an official court order or an unofficial agreement between you and your spouse. That way you have documented a plan you and your ex agreed to and you can show the court that your ex went back on her word.

The first holiday season after divorce is certain to be difficult, but the more advanced planning you do the more likely it will go smoothly and the better off all parties will be.

You should do whatever you can to make the season as happy and joyful as possible for both you and your children.

If you are unclear about how to handle child custody during the holidays or are worried about your ex withholding visitation during this time of year, consult with a family law attorney to figure out what legal options are available to you.

How to Choose the Best Divorce Attorney: Key Questions & Tips

Written by Joseph E. Cordell on . Posted in Divorce.

Going through a divorce can be an emotionally challenging and complex process. One of the most crucial decisions you’ll need to make is selecting the right divorce attorney to guide you through the legal proceedings. With a myriad of options available, it’s important to carefully consider several factors and ask pertinent questions to ensure you make an informed decision that aligns with your needs and goals.

Area of Specialization: When searching for a divorce attorney, it’s vital to find someone who focuses on in family law, particularly in handling divorce cases. While any lawyer with a law degree can technically claim to be a “divorce lawyer,” you should prioritize those with extensive experience, specifically in divorce and family law matters. If you have children, it’s even more important to find an attorney with experience in child custody issues. Some law firms have recognized the gender biases that persist in the family court system and focus exclusively on representing men and fathers in divorce cases. Such attorneys may be best suited to advocate for your interests and address any gender-related challenges that may arise.

State License and Local Experience: An attorney’s license and local experience are crucial factors to consider. Lawyers may have moved across different jurisdictions throughout their careers and may be licensed in multiple states. While experience in divorce law is valuable, it’s equally important to ensure they are well-versed in the regulations and laws specific to your state and local area. Familiarity with local judges, officials, and court procedures can significantly benefit your case. An attorney who has developed relationships within the local legal community can navigate the complexities more effectively and provide you with informed guidance.

Courtroom Experience: Ideally, divorcing couples can reach a fair settlement outside of court through negotiation or mediation. However, some cases may require litigation and presenting arguments before a judge. In such instances, it’s essential to have an attorney with substantial courtroom experience. Lawyers who are comfortable in a courtroom setting can effectively advocate for your rights and present your case persuasively. They possess the skills and knowledge necessary to navigate the complexities of the legal system, increasing the likelihood of obtaining a favorable outcome.

Compatibility and Rapport: Building a strong rapport and maintaining effective communication with your attorney is crucial during the divorce process. The attorney you choose will become your trusted advisor and advocate throughout the proceedings. Therefore, it’s important to consider their personality, communication style, and values. While you may not be hiring a friend, finding an attorney with whom you have a good rapport can foster a productive working relationship. When you feel comfortable and respected, you can openly discuss your concerns and goals, allowing your attorney to better understand your needs and provide tailored representation.

Alignment with Goals: When consulting with a divorce attorney, ensure they genuinely understand and prioritize your specific goals. A competent attorney will actively listen to your concerns, respect your wishes, and demonstrate a commitment to achieving the best possible resolution for your case. By aligning themselves with your objectives, they can provide the guidance and advocacy necessary to protect your interests throughout the divorce process.

Choosing the right divorce attorney is a crucial step towards navigating the complexities of the divorce process successfully. By considering their area of focus, state license and local experience, courtroom proficiency, compatibility, and alignment with your goals, you can make an informed decision that best suits your needs. Remember, a competent and dedicated attorney who understands your unique circumstances and can effectively advocate for your interests will greatly impact the outcome of your divorce case. Take the time to research and consult with various attorneys, as finding the right fit can contribute to a smoother and more favorable divorce experience.

Dad and son outdoors

How does a Family Law Attorney Help in Child Support Matters?

Written by Joseph E. Cordell on . Posted in Child Support.

When faced with a child support case, you might be tempted to do it yourself rather than work with a family law attorney. However, hiring a family law attorney to help you is often the best option.

You will benefit from professional input from a knowledgeable family law attorney.

What Does a Family Law Attorney Do?

Family law attorneys deal with various issues impacting families. These include child custody, child support, divorce, and adoption.

They strive to solve conflicts and find a way forward. This can take place in a court of law before a judge or through other dispute resolution methods.

Your family attorney will advise you throughout the process, prepare and execute a thoughtful strategy with the goal of achieving your desired result and execute that strategy with the goal of achieving your desired result.

How Can a Family Law Attorney Help in Cases of Child Support?

Your family law lawyer knows what a judge will need to calculate child support. They will help you gather and provide accurate and relevant details to advocate for you paying the right amount for your child support.

Periodically, parents might not agree with the custody arrangement or divorce terms. This is where a family law attorney can help improve your chances of reaching a mutually agreeable result.

If you need a child support modification order, a family law attorney is there to help you. Your family law attorney will guide you through what a substantial change in circumstance might be and what could result if proven to be true.

They will also help you identify the necessary evidence to prove or defend a modification request in court.

Do I Need an Attorney for Child Support Modification?

Sometimes your circumstances may change as a parent and improve your eligibility for review and modification of child support. Factors that change include but are not limited to a change in custody, loss of employment, and income changes.

If you want to modify child support and can’t reach common ground with your child’s other parent, hiring a family law attorney can help you resolve the issue. A good family law lawyer provides you the advice and strategy to greatly improve your chances of a successful modification.

This article will explore why you should strongly consider hiring an experienced family law attorney for a child support modification.

What are the Roles of a Family Law Attorney in Child Support Modification?

Family law attorneys are trained professionals who can help you in the modification of child support in the following ways:

  • Providing experienced and thoughtful legal advice you need to make decisions on both the direction of your case and the desired outcome you hope to achieve.
  • Zealous advocacy on your behalf in prosecuting or defending your child support modification.
  • Strategic preparation of necessary pleadings and discovery to advance the prosecution or defense of your child support modification.

Why is a Family Law Attorney So Important?

  • Experience- A family law attorney has the experience to know how to best advise you on a strategy to greatly improve your chances of achieving your goals.
  • Knowledge- A family law attorney knows the relevant law applicable to your case which is the foundation of preparing a successful prosecution or defense of your
    child support modification
  • Talent- A family law attorney who only practices in the field of family law has done so because of proven talent in a field of law they chose to focus their practice.
  • • Confidence- Experience, knowledge, and talent result in a family law attorney whose strength and aggression as a litigator is demonstrated through confidence.

Where Can You Find a Good Family Lawyer?

You will want to work with a family law attorney who understands the ins and outs of your state child support laws. They should be professional, knowledgeable, patient, and compassionate to guide you through the legal process. Fortunately, Cordell & Cordell understands what you value most. Our family law attorneys will help you fight for your rights by providing the legal assistance needed to improve your chances of success. Use the search function on our website to find a Cordell & Cordell office near you and book a consultation.

The Cordell Way!

Cordell & Cordell offers experienced family law attorneys who focus their practice exclusively in the field of family law. We provide talented, experienced, knowledgeable, and confident legal representation to fathers. Contact Cordell & Cordell for more information.

father playing airplane with daughter

How to Terminate Child Support: Legal Steps & Requirements

Written by Joseph E. Cordell on . Posted in Child Support.

According to the U.S. Census Bureau, child support is integral to the financial well-being and security of families with children. Every year, countless parents rely on child support to help cover the costs of raising their kids.

However, many recipients of child support may wonder if they can cancel or terminate child support payments entirely. We will explore this question in depth, examining the legal process of withdrawing child support and what it may entail.

Why is Child Support Necessary?

According to data from the USDA, it costs an average of $233,610 to raise a child until they turn 18. That’s why child support is so important. It helps cover the costs of raising a child-which both parents are responsible for.

Child support is meant to help cover the costs associated with raising a child, such as:

  • Food
  • Housing
  • Transportation
  • Clothing
  • Medical and dental expenses
  • School supplies
  • Educational expenses
  • Childcare costs
  • Extracurricular activities

In most cases, the non-custodial parent is obligated to make child support payments. In some cases, the court may order both parents to pay a portion of the child’s expenses.

Can a Parent who Receives Child Support Terminate Child Support?

Terminating child support can vary depending on the state you live in and your particular circumstances. Generally, the process of ending a child support order involves the following steps:

  1. File a pleading with the court to terminate your child support payments.
  2. Provide evidence that you no longer need to pay child support.
  3. The paying parent will receive notice of your request to terminate child support and will be able to respond.
  4. If both parties consent, the court may end child support without a hearing.

However, if one party doesn’t consent, the court will likely hold an evidentiary hearing so it can review all relevant information. Only then will it make a decision about whether or not to terminate child support payments.

It’s crucial to note that the courts typically have strict guidelines for terminating child support. This is why working with a qualified family law lawyer who can provide legal advice and help you navigate ending your child support payments is essential.

Circumstances That Could Lead to the Termination of Child Support

If your circumstances have changed or you no longer need to pay child support, you may be able to terminate your child support payments. Here are some common scenarios that could lead to termination:

  • The child has reached the age of majority (sometimes as early as 18 years old) and is now an adult
  • The child has passed away
  • The child has been adopted by someone else or is no longer financially dependent on the parents
  • Parents come to a mutual agreement about terminating child support payments

Working with an experienced family law lawyer who focuses their practice in family law like those at Cordell & Cordell can help make the process less stressful. They can guide you through the legal process, review your case, and provide advice about how to proceed.

Will I have to pay alimony.

Will I Have To Pay Alimony?

Written by Joseph E. Cordell on . Posted in Maintenance.

Alimony, a payment from one spouse to the other, differs in each state. In some states, it is called spousal support; in others, it is called maintenance. For the sake of brevity throughout this piece, we will refer to it as alimony. Contact your local divorce attorney to clarify the specific requirements in your state.

If you have been the primary provider for your spouse and children and your spouse is not able to support themselves, you probably will have to pay some form of spousal support.

In many states, there is no hard and fast method of calculating alimony payments. And to be quite frank, estimating what a judge may do is often fruitless.

Because the laws of many states allow so much judicial discretion in calculating alimony, the methods and manners for determining whether alimony is appropriate and/or how much alimony should be paid may vary from court to court.

If you have any questions or concerns about whether you are going to be required to pay alimony, it is a good idea to get in touch with a men’s divorce lawyer who understands the laws in your state.

What is Alimony?

Alimony, also called maintenance or spousal support, is a certain amount of money paid from one spouse to the other after a divorce or during the divorce process. These payments are included in a divorce agreement to help provide financial support for one spouse as they work to reestablish their lives and maintain a similar lifestyle to that of the marriage.

The court determines if alimony is granted and how much is provided. In some situations, it will also limit the timeframe for which a person receives alimony.

Is it Mandatory to Pay Alimony After a Divorce?

No, it is not mandatory that one spouse pay alimony or maintenance to the other after a divorce unless and until the court rules that this is required.

Every state has different rules on when and how alimony is awarded (and different terminology for alimony itself). In many situations, it is up to the party that wants to receive the funds to request it from the court. This typically must be done as you petition the court for divorce, but that could change from one state to the next. Some states award spousal support on a case-by-case basis, while others have a built-in system to determine if it is necessary and award it automatically as a component of the divorce filing.

What Qualifies a Spouse for Alimony?

Numerous factors play a role in whether or not a maintenance or alimony award is ordered. The court will look at various factors to determine if it is warranted. Some of those factors include:

  • The standard of living both had during the marriage
  • The earning potential of each spouse at the end of the marriage and over time
  • The length of the marriage, noting that the duration of the marriage may also influence how long alimony continues
  • Whether there are children and whether one party is paying child support to the other for child custody
  • The contributions of each spouse to the marriage, such as whether one stayed home with children while the other built a career
  • The ability of the higher-earning spouse to afford to make payments to the lower-earning spouse
  • The amount of education, training, and skills each spouse has

How Long Do You Have to Be Married to Get Alimony?

Two pairs of clasped hands rest on a table with a document, pen, and keys, conveying negotiation or agreement, set in a room with soft lighting.

The length of time you must be married to begin receiving alimony is dependent on numerous factors and will vary in most states. However, if the marriage is very short, such as under one or two years, the award of alimony is less likely than if the marriage fails after a decade.

The family law court in your state will also use other information to determine the length of maintenance or alimony payments. Again, it’s important to understand that various states use different terms for alimony, so speaking with a local divorce attorney will provide better specificity in your case. Some factors that may be considered for these payments include:

  • Temporary alimony or maintenance: This may be awarded while the divorce is in process as a way to maintain the standard of living and keep bills met until an agreement is reached.
  • Permanent alimony or maintenance: Awarded for the duration of a person’s life or until specific situations occur, permanent alimony is paid on a monthly basis over the long term.
  • Rehabilitative alimony or maintenance: This type of alimony typically is paid for a specific length of time while the lower-earning spouse updates their education or skills to be able to reach a level of self-support.

Also, note that a lump-sum payment is an option in some states. This could mean that one party in the marriage receives a specific lump sum payment at the end of the marriage, often in exchange for ongoing alimony payments.

What Happens If You Cannot Make Alimony Payments?

If you cannot make court-ordered support payments, it is critical that you take action. That often means contacting a local Cordell & Cordell divorce attorney to guide you. States enforce alimony as they do other details within the court order provided during the divorce.

If you fail to make spousal maintenance payments for any reason, the receiving spouse may pursue a contempt claim. This could lead to court-ordered wage garnishments or a limited amount of time to get caught up.

The rules in each state differ. If you are at risk of missing these payments to your ex-spouse, contact your family law attorney for guidance and potentially requesting changes.

Additional Resources

Why Work With Cordell & Cordell

With the years of experience we bring to the table, Cordell & Cordell is the family law attorney to turn to when you face questions about post-divorce payments, including child support payments, spousal support, and property division.

We fight specifically for men by providing clarity in their divorce cases. You can trust our team to always support you throughout this process.

Client Experiences

“Professional in all aspects and truly provided great advice.”— A.O.

“You all were wonderful to work with. I accomplished the intended goal and was pleased with the result.” – David C.

“Everything went smoothly. [My lawyer] gave me all my options and was always there and available when needed.” – Dale W.

Find Out If You Can Receive Alimony

As a law firm committed to helping represent our clients in the divorce process, we are here for you whether you are the paying spouse or the receiving spouse. Contact Cordell & Cordell to explore the options that are available to you.

Please note that Cordell & Cordell is a national law firm helping men with various family law issues. This page serves as a resource and is not to be taken as legal advice.

Contact Cordell & Cordell now to schedule a consultation to discuss your options. Call us at 866-DADS-LAW (323-7529) or fill out our contact form to learn more.

exterior of a nice blue single family home

What To Do With The House?

Written by Joseph E. Cordell on . Posted in Marital Property.

There is way more to sort through when getting divorced than most couples are prepared to deal with: child custody, alimony, who is going to move out (divorce tip for men: don’t move out!), etc.

Even more perplexing is what to do with the marital home.

For many divorcing couples, the house, which was once their greatest financial asset, has become their biggest liability.

So couples are looking for financial advice on divorce and wondering what are the available options for dealing with the marital home?

1. Refinance

If one spouse moves out and wants off the deed, the other spouse is going to have to refinance the mortgage. Otherwise, if they keep the mortgage in both names and one of them stops paying, the other spouse is liable for the monthly mortgage payments and late charges.

So the reasonable option is refinancing, if one spouse plans on staying in the house. But with a mortgage underwater, can this even be done?

2. Stay

The couple can stay in the house and live separate lives. This, of course, is the definition of insanity, but there are those couples who have successfully pulled it off.

The two estranged spouses continued to cohabitate until the house sold and put them in a better financial position for re-establishing themselves. But, this would be viewed as a worst-case scenario dilemma.

It must be reiterated if both spouses are on the mortgage, it’s probable that neither spouse will be able to get another mortgage until the house sells.

Another plus on the side of staying in the house is that if one spouse moves out and the spouse staying in the house quits making payments, the spouse not living in the house would still be responsible for the mortgage payments.

3. One Stays, One Leaves

The one spouse who stays in the house and continues making mortgage payments will get credit for the principal paid prior to the sale of the house. The spouse who moved out and rented will still get credit for half of the proceeds of the sale.

Of course frequent readers of DadsDivorce.com know you should not leave the marital home. This is one of the “10 Stupidest Mistakes Men Make When Facing Divorce” as outlined in Cordell & Cordell founder Joseph Cordell’s book.

Moving from the marital home increases your monthly bills and leaves you in a powerless situation with regard to what occurs in the home and with any belongings you leave there.

4. Defer the Sale

A couple can also defer sale of the house until a specific date, in the hopes that home values will rise. Both parties will still be on the deed, but one spouse will move out. This will be part of the final court order.

Still, if the spouse staying in the house defaults on the mortgage payments, the other party will end up being responsible for them.

The spouse not residing in the co-owned property will be unable to get another mortgage unless he or she makes enough money to make payments on both loans in the event that the co-owned property goes into default.

This option is not the best one and carries with it a great deal of liability.

5. Rent

Another possible choice is for the couple to move out of the house, go their separate ways and rent out their co-owned property. As long as they can keep a responsible renter in the house, this scenario is a good one.

They can wait for property values to rise (in the hopes that it will still happen within the next few years) and sell when the economy picks up again. Of course, this can be risky considering that you have no proof that the economy is going to turn around.

Again, this scenario would probably prevent both spouses from obtaining a mortgage until the house eventually sold. Some lenders may extend a loan, but it will take some work to find them.

The homeowners are responsible for the loan payments, even if the renter defaults. An obvious downside to this alternative is finding financially responsible renters.

6. Sell

If your mortgage is under water, it’s highly unlikely that you will break even if you decide to sell the house. You may be able to upgrade the appearance and ambiance of your home and break even, but this result doesn’t happen very often.

If you are on the cusp and your mortgage is paid down enough to get out of the house relatively unscathed, you may want to consult with a couple of realtors to see what improvements can be done to raise the value of your home. You never know – you may get lucky.

7. Short Sale

A short sale is when an agreement is made with the lender to sell the house at a loss. This has less negative credit consequences than a foreclosure.

There are a few caveats to going the short-sale route.

First, your credit is going to be effected negatively when you undergo a short sale. It sounds better than a foreclosure, but it is negative nonetheless.

Also, the lender may come after you for the difference of what the house sold for and the amount of the original loan.

Usually the lender will try to get the homeowner to sign a promissory note for the difference between the amount the house sold for and the amount of the loan. This “deficiency judgment” is banned in certain states.

So lenders in those states are more liable to require a borrower to sign a promissory note prior to granting the short sale.

8. Walk Away

Sometimes foreclosure is the better of two less-than-desirable alternatives. In foreclosure, there is a “redemption period,” which is a period of time that the homeowner can remain in the property before the bank can evict him.

Depending on the state you live in, the redemption period is between a year and just a few days. The redemption period can help the couple save money before they are required by law to leave the house.

One party could move out and rent, while the other stays in the house during the redemption period. The party staying in the house could be court ordered to pay half of the exiting party’s rent until the house sells and both parties are renting or purchasing separate residences on their own.

father playing with his kids on couch

How Child Support Is Calculated

Written by Joseph E. Cordell on . Posted in Child Support.

Child support is an area that can be tricky and difficult to understand when it comes to divorce. This is also a part of the process where many non-custodial parents — who are typically fathers — feel they have been treated unfairly by the courts when the support amount seems far too high.

One of the biggest things to keep in mind is that the formulas used by courts are both fairly simple and very complicated at the same time. You must understand that each person’s situation is unique, so there may be certain factors that weigh into the obligation that do not apply to everyone.

Judges are also given the discretion to deviate from the formula for their state to account for unique circumstances.

Since the statutes that govern child support calculations vary, it is crucial to research how child support is handled in the jurisdiction of your case to understand how the total is determined.

The two primary methods used by states to calculate child support are the Income Shares Model and the Percentage of Income Model, though the exact details and numbers that go into the formula will depend on where you live.

Here is a general description of how each model determines the amount of child support you must pay.

Income Shares Model

The majority of states follow the Income Shares model for child support calculations, which attempts to proportionally divide what it costs to raise a child based on the income of both parents.

To simplify how this formula generally works, courts will determine the amount it would take per month to raise a child, add the incomes of both parents together and then figure out what each parent would owe based off their contributions to the total amount.

For example, if a court determined that it would cost $800 per month to raise one child, and the combined income is $80,000 — father makes $50,000 and the mother makes $30,000 — the father would be on the hook for $500 and the mother would be appointed a total of $300.

Basic formula

Father:

50,000 ÷ 80,000 = .625
800 x .625 = $500

Mother:

30,000 ÷ 80,000 = .375
800 x .375 = $300

Whichever parent receives physical custody would then be awarded the determined amount from the other parent while keeping their portion to be spent on the child.

This method attempts to award a figure based on what the parents would assumedly be contributing if they were still living together in a married household.

Additional factors may also come into play, such as the number of children being supported, extraordinary medical expenses, child care expenses and the custody arrangement itself.

Since joint custody is a fairly common arrangement, the amount of time with the child could play a significant role in the formula. The more overnights you are granted with the child, the lower your support amount could potentially be.

However, this is not always the case, so speak with a local attorney to determine the factors that are involved with your specific case and the laws in your state.

(A modified version of the Income Shares Model is used in Delaware, Hawaii and Montana — known as the Melson Formula — which includes additional factors in an attempt to ensure each parents’ basic needs are met as well as those of the children).

For an example of what a child support formula looks like in an Income Shares state, see Pennsylvania Rules of Civil Procedure 1910.16-4.

Percentage of Income Model

The second most common formula used to determine child support amounts is the Percentage of Income model, which uses only the income of the non-custodial parent in the determination of an award.

This method takes the income of the obligor and attributes a percentage that will be taken out as child support based on state factors.

For example, a couple splits where both parents make $35,000 per year, but the mother is awarded primary physical custody. The state’s statutes require that 18 percent of the obligor’s income be awarded to the custodial parent, so the father would be required to pay $525 per month.

Basic formula

Father:

$35,000 x .18 = $6,300
$6,300 ÷ 12 = $525

While much simpler on the surface in simply taking a base percentage of income (barring additional factors potentially imposed by the state), it may not necessarily be the “fairest” formula.

This method also may or may not take into consideration the custody arrangement depending on where you live, so again, it is crucial to discuss with an attorney exactly how child support is calculated in the jurisdiction of your case.

For an example of how the child support formula looks in a Percentage of Income state, see section 154.125 of the Texas Family Code.

These outlines give just the basic idea of how child support is calculated, as all of the internal factors and variables are different in each state.

Most states will also periodically review the amount being paid, and you can usually file to modify child support if there is a significant change in circumstances since the original order was issued, such as a change in the custody arrangement, losing a job, etc.

While there are plenty of child support calculators out there to help you estimate the amount of your obligation, you cannot be certain what the amount will be until the judge hands down a ruling.

Contact an attorney to review your case if you are worried the child support you are paying is too high, or if you would like a more accurate approximation of what the costs may be following a divorce in your state.

couple fighting with child in the room

False Allegations of Abuse in Divorce: Key Facts for Men

Written by Joseph E. Cordell on . Posted in Divorce.

In one of his Huffington Post columns, Cordell & Cordell Principal Partner Joe Cordell wrote about how false allegations of abuse often target men during divorce.

To be sure, domestic violence is a serious issue. Over the past several years, awareness regarding domestic violence has skyrocketed and there are now more resources to help victims than ever.

While those are positive developments, there are still some major misconceptions concerning the topic.

For one, it’s often framed as an issue that only affects women. In reality, there are millions of men who face intimate partner violence as well and they often face barriers when seeking the help and support they need since most resources are geared towards helping women.

When it comes to false allegations, the consequences can be disastrous for the accused. Unfortunately, this is a far-too-common occurrence as up to 70 percent of cases involving allegations of abuse during custody disputes are deemed unnecessary or false.

These false allegations are also primarily lobbed against men. A 2011 Stop Abusive and Violent Environments report found that 85 percent of protective orders are entered against men and Mr. Cordell previously stated that, in his experience, of that 85 percent, 90 percent are products of tactical divorce considerations.

 

Here are four important things to know concerning false allegations of domestic abuse.

 

 

It takes minimal evidence to obtain a protection order

If an alleging party wants to obtain a protection order, basically all they need to do is tell the judge that it is necessary.

Since this is done ex parte, the defendant doesn’t get the chance to defend him or herself. Most judges don’t want to be on the wrong end of denying a request and having an ensuing tragedy occur, will grant the request even if the accused has no history of violence.

“Since protection orders are done on an emergency, ex-parte basis, the defendant does not get an opportunity to explain their side of the case before the order is issued,” Mr. Cordell said. “This means you can be served with a protection order without even knowing charges had been filed in the first place, which can lead to a number of consequences for weeks – or even months – before you have an opportunity to stand before the judge at a formal hearing.”

Domestic violence covers an extremely large scope. A simple claim that a person feels threatened can even be considered grounds for a temporary protection order.

The nuclear weapon of divorce

Orders of protection are often referred to as the “nuclear weapon of divorce” because of the devastating effect they can have on a case, even if the allegations are later proven false.

Once one is entered against the father, it forces him out of the home, giving the mother a major advantage when fighting for custody.

Temporary orders remain in effect until a hearing can be held, which usually takes about two weeks, giving the defendant very little time to prepare.

In many jurisdictions, the defendant is given two options at the hearing: 1. Agree to a restraining order even though there was no actual abuse. 2. Proceed to an evidentiary hearing to contest the allegations.

Because there is such a low standard of proof in a domestic abuse hearing, agreeing to a restraining order is often considered an attractive option since it at least allows the defendant to continue fighting for custody.

An order of protection also adds a number of financial hurdles for the accused to clear. Suddenly they’re faced with finding a new place to live while also trying to pay for all the other costs associated with a divorce case.

Even false allegations have a long-lasting impact

One of the more unfair aspects of false abuse allegations is the fact that it doesn’t necessarily matter if the claims are eventually proven erroneous. The stigma still follows the accused.

Even if the charges are found to be completely groundless, temporary orders can still show up on criminal background checks and can hinder future employment opportunities.

Act quickly and decisively when fighting false allegations

If faced with false allegations of abuse, it is extremely important to act quickly and decisively. The steps you take in the couple of weeks leading up to your hearing will go a long way towards getting the charges dismissed.

The first thing you need to do is contact an attorney and let them know all the pertinent details of the allegations.

You will also need to begin gathering as much evidence as possible. Texts, emails, video and audio recordings can all be presented to the court during your hearing. Try to find anything and everything that portrays you in a good light.

The day of the hearing, you will also want to make sure you present a positive image to the judge. Be professional in your responses and keep a calm, composed demeanor, regardless of whatever false claims about you.

Keeping your head in court goes a long way toward helping your credibility.

retired man on computer

Divorce Retirement Calculator: Estimate Your Financial Future

Written by Joseph E. Cordell on . Posted in Financial.

Curious About The TRUE Cost Of Divorce?

Do you have anxiety about how a divorce may impact your financial future? We have a tool to help you gain confidence and insight. Our True Cost of Divorce Retirement Calculator can help you make informed decisions and push forward to wealth recovery. Planning for the future is the first step in successfully reaching your goals after divorce. In just a few steps, you can estimate your retirement by considering your current age, the age you would like to retire, your current financial state, and your expected return. It is completely free and there is no obligation to use our services. We want to be a partner men can count on.

*As seen on Cordell and Cordell’s “Economics of Divorce” podcast.

Download the calculator

What Experts Should I Use in My Divorce or Modification?

Written by Joseph E. Cordell on . Posted in Divorce.

Cordell & Cordell’s virtual town hall covers what experts you should consider using in your divorce or modification case.

Cordell & Cordell Managing/Executive Partner, CEO Scott Trout hosts a panel of divorce attorneys from across the United States, including Melissa Taylor, Christopher Kennedy, and Lauren Gilbert. The panel discusses what types of experts can be useful when dealing with a family law matter. They review potential uses of financial experts, psychologists, real estate experts, and more.

Cordell & Cordell is continuing to host monthly town halls to help answer the most pressing issues men face during divorce. Be sure to register for the next session. A recording of the town hall will be emailed to all registrants so you can still watch if unable to attend live.