The Best Laid Plans; What to do When your Child Support Agreement is Not Working
May 28, 2008 | Leave a Comment
Circumstances change, especially when it comes to estimating expenses and income when arranging child support. The payments you receive may not be enough to support your child, or you may not be able to afford your payments. If there has been a substantial change in the circumstances of the child or the parent, then the proper response may be a child support modification. For example, Mississippi courts have held that the following events, if unforseen at the time of the last settlement, may warrant a modification.
- The increased financial needs of older children
- Inflation
- An increase in childs physical or psychological healthcare needs
- A change in either parents earning capacity
- Any health issues or special needs of the parents
- Tax liability of the noncustodial payor
Generally an increase in child support payed is supported by an increase in parental income or in the cost of raising the child, including the childs decision to attend college. Decreases in child support payment will be granted for non-voluntary reductions in the payors income, the emancipation of the child, or upon the child chosing to move in with the non-custodial parent. A modification will not be granted on the basis of new debt, remarriage, or the birth of additional children.
If you have any questions about your Mississippi or Memphis child support agreement, or if you have been contacted about a child support modification, please contact the Ferrell Firm. Our Memphis divorce lawyers can help you through the entire child support payment process.
Collaborative Divorce: “It’s all the rage”
May 2, 2008 | 2 Comments
“They call it “collaborative divorce.” It’s apparently all the rage right now.” from the movie Juno
Collaborative Divorce is a “new way to resolve disputes respectfully” and handling divorce out of court. Our Memphis Divorce Lawyers would like to set the record straight.
You can refer to this Free Collaborative Divorce Kit provided by the International Academy of Collaborative Professionals for more detailed information about Collaborative Divorce.
Divorce can be an unfortunate and expensive situation. But it doesn’t have to be that way. Collaborative Divorce Professionals are a great resource and alternative for dividing families that have contested issues and the financial resources to fight them out. You can settle your divorce out of court and inexpensively… with simple professional guidance. If you want to fight out your divorce, you’ll have to spend a lot of money, whether you settle with collaborative professionals or in court. Collaborative Divorce is the best alternative to litigating divorce in court. But don’t spend money on the “new rage” divorce. Our Memphis Divorce Lawyers can assist you settling an affordable divorce, and enlisting other professional when needed and only if a financial option.
For the average family, Collaborative Divorce is a great guiding principle, but don’t feel that it is the only way to settle your divorce out of court. Mediation is highly encouraged by all Tennessee divorce professionals, and is an option at any stage of your divorce.
Tips for Memphis Parents: Out of State Visitation
April 30, 2008 | 1 Comment
Here is an interesting posting from the Women’s Divorce Blog about Out of State Visitation.
Our Memphis Divorce Lawyers have selected the following excerpts:
How is long distance visitation handled?
“You have to commit to helping them have a relationship… which may mean some inconvenience for you.”
Would the court approve long-distance visitation for a toddler?
“…it might not be a problem, particularly if transportation times can coincide with nap times.”
Will I have to share travel expenses if my ex moves?
“…the one who moved, …not …reasonable to expect you to pay for and arrange travel for your child.”
How is visitation set up if the Dad will be living in another country?
“The key is to find a way for them to maintain a relationship while still allowing them to have a sense of permanency in one home.”
Be sure to read the entire article and the helpful links!
James Ferrell featured in the Memphis Daily News
April 29, 2008 | 2 Comments
Just last week I was interviewed and featured in the Memphis Daily News. The article addressed how we are changing the way legal fees are handled in the Memphis community by family, estate and probate lawyers.
At our firm we handle almost all of our cases on a fixed fee basis. This is quite different than most other attorneys here in the Memphis area. The Daily News found this interesting and decided to feature us in their April 17th edition. If you are a subscriber to the Daily News you can go to their website here to read the feature.
Memphis Divorce Tips: Keeping Your Stuff
April 28, 2008 | 3 Comments
“How can I keep my stuff?”
Generally whatever you bring to the marriage or keep separately will remain your Separate Property. Property that you acquire while married or that you commingle will become Marital Property.
Unless you have a premarital agreement or have kept meticulous care and records, you need to work out reasonable property division with your spouse when you divorce. This means following a few simple pieces of advice.
- Disclose every asset…
- Disclose offsetting debts…
- Keep your documents…
- Be prepared to negotiate…
In short? Be honest. Unless you want the court to make decisions for you. Concealment and hiding assets is deceitful. You will not be able to reach a reasonable, fair and inexpensive settlement if you are dishonest with you spouse or your attorney.
Source of post: Dad’s Divorce Blog and www.cordellcordell.com ©.
What our Memphis Divorce Lawyers can do that a Divorce Kit can’t
April 25, 2008 | 1 Comment
“There are many times when a husband and a wife mutually decide to end a marriage and decide to do so on their own terms.”
While a do-it yourself divorce “kit” may be appealing to some people, we have had many clients who have started “working on the divorce” on their own, and after months of confusion called an attorney anyways. Just because you call a lawyer, it doesn’t mean your divorce will be nasty contested fight.
Our Memphis Divorce Lawyers always encourage out of court settlement and free communication. We will guide you through all the issues that need to be settled, not just what you think needs to be settled. We can provide options and solutions, knowledge and interaction that just won’t come from filling out the forms. While we only represent one spouse/one client, we are ethically bound and guided to always explain to the other spouse their rights and encourage them to seek independent legal advice for all matters. We represent our client zealously, and we will not misrepresent that to the other spouse
“An attorney can be an invaluable tool during the divorce process and can obviously provide options, knowledge and interaction that a divorce kit can not”
Divorce is complex.When a husband and wife have children, there are many issues that need to be covered in a divorce decree. These issues range from rights and duties of parents and possession schedules to child support and health insurance. To add to the level of complexity, all states are different when it comes to issues surrounding children. Most “divorce kits” found on the Internet are just general forms and are not state specific. Our Memphis Divorce Lawyers can explain the relevant statutes regarding custody, the rights assigned to parents and how child support is calculated.
Laws are subject to change. A lawyer’s duty is to stay on top of all the changes in the law and advise a client how the law will affect their case and it’s outcome. Not all states calculate a person’s child support obligation the same way. Our Memphis Divorce lawyers will calculate a person’s child support obligation and make sure that their client does not pay above or below guideline support.
Standard visitation may not work for you. Our Memphis Divorce lawyers can help you develop visitation schedules that will allow a person to spend the same amount of time with their children as standard visitation. An attorney can assess what issues may arise after a divorce is finalized. With this in mind, an attorney can structure a final decree that will protect a person when issues arise post divorce. Even though a divorce may begin as “uncontested,” it can quickly become litigious. Should this happen, an attorney can provide insight as to the court’s policies and procedures.
“No matter how many or few issues each divorce may have, an attorney’s role and the benefit he or she provides a person and their children should not be underestimated.”
Source of post: Dad’s Divorce Blog copyright of Cordell & Cordell
“Gap Year” before College: What can this trend mean for divorcing parents?
April 23, 2008 | 2 Comments
Upon reading an interesting article from MSNBC.com Parenting and Family Section about universities encouraging students to take a “gap year” between graduating high school and starting college, our Memphis Divorce and Family Lawyers wanted some feed back from local parents.
Should your child have a ‘gap year’ before college?
Some students need a break after high school — and some colleges approve
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By Danielle Wood
updated 3:58 p.m. CT, Tues., April. 22, 2008
So what does that mean for divorcing parents in Memphis? As everyone know, the legal obligation to pay child support ends when your child turns 18 or essentially finishes high school. But any parent can agree, they aren’t turning their child loose at 18 either. Co-parenting your child is a relationship that will continue well after your legal obligations have ceased.
In addition to the suggested issues and solutions from the article, here are few more thoughts on the topic:
Have the Money Talk…make sure you, your spouse and your child understand where the money is coming from and making a budget for the year. Your child may not fully understand the legal nature of child support, and you don’t want the embarrassing situation that can arise when they question why no longer are paying/receiving.
Get In First… don’t encourage the year off as a last ditch retaliation. Don’t all your teenager to manipulate your separation as a means to avoid growing up and taking responsibility.
Create a Plan B… if your child does not get into the college of their choice, don’t blame the other parent. Encourage your child to work or go to community college to improve their competitiveness. Remember that even though the legal obligation may cease, your child is still relying on you to emotionally support them.
Put it in Writing… having your child lat out their gap year plans in paper, is not part of your divorce agreement. Be honest with your children, but don’t explain the terms of property division or support agreements that won’t mesh with your child’s planning efforts. You’ll always be your child’s parent.
Real Estate Market Effect on Memphis Divorce
April 17, 2008 | 1 Comment
“Real Estate Market Forces Divorced Couples To Stay Together”
In Memphis and across the country there has been a downturn in the real estate market. While the rates are good and it’s a “buyer’s market” this doesn’t necessarily translate well for divorcing couples who are relying on the sale of their former marital home to have fair and equitable property division. The option of buying out or refinancing one spouse off the property just may not be a financial option. Our Memphis Divorce Lawyers will assist you and your spouse in finding solutions that will work for you.
Here is an excerpt from an interesting article from the San Francisco Chronicle:
“The housing market is having a major impact on divorce cases,” said Stephen Ruben, a certified family law specialist in San Francisco. “If a house doesn’t sell, it has a major impact on cash flow for child support, on where people live, on future taxes.” Post-marital cohabitation Indeed, the mortgage crisis and moribund market have made for some strange bedfellows.
“There is a whole new aspect of divorce that most couples never had to face,” explained Janell Weinstein, a partner in the law firm of Federbusch & Weinstein in New Jersey. “Many couples are forced to live under the same roof because they can’t afford to move on until their home gets sold. This can go on for months or even years as the real estate market across the United States slows down tremendously. Homes that used to sell in weeks are now not moving at all.”
Read the complete article here: 
Breaking up is harder to do: The housing bust’s influence on divorce By Carol Lloyd, Special to SF Gate Friday, April 4, 2008
If you are buying, selling, or refinancing consider Old Colonial Title & Closing Services for it’s $199 “All-Inclusive” Closings. Old Colonial Title & Closing Services is affiliated with Ferrell Law Firm.
Source of post: Maine Divorce Law Blog
Tips for Memphis Parents: Be a Gracious Co-Parent
April 15, 2008 | Leave a Comment
Co-parenting can be hard. It’s not always easy to be a gracious primary residential parent, nor is it always easy to be the alternative resident either. Try to let go of the anger that led to the divorce and do your best to help foster the relationship between your child(ren) and your former spouse. The marriage is over, there was probably a lot of hurt, but the children should not be tools for revenge. Be gracious in your role.
1. Be flexible.Your ex only has the kids for short visits. If there is a hiccup in his or her schedule be gracious enough to trade weekends or meet them at a halfway point if they have a long drive. Since child support is tied to visitation days, unless there is more than a 15% change in planned days and actual days, you should just work out small changes.
2. Be proactive. Send report cards and progress reports with kids or in the mail or email. Send a school schedule and let the other parent know when the spelling bee is, and where. Often alternate residential parents feel out of the loop. It can also be difficult for you ex to get information from schools directly if the proper releases aren’t arranged. Don’t rely on your kids to inform the other parent either, it’s not their responsibility.
3. Send circus tickets with the kids. I’m not kidding. Alternative residential parents love their children too, but child support payments can make it difficult to enjoy extras with the kids. This is about the best interest of the children. If your ex has some fun too, then so be it.
4.Consult with your ex before you make plans. Many alternate residential parents show up for their weekends only to find out that the primary residential parent has already accepted an invitation for a birthday party or a sleepover for Junior. Call first. If calling, becomes shouting. Email. It’s only fair. Alternate residential parents want the children to have fun too. They just want some heads up. You’d be surprised how often they would say, ‘yes.’
5. Return phone calls. How is the alternate residential parent supposed to know that the children are in the bathtub or shower? One major complaint of alternate residential parents is that they can never get through to their kids. If the alternate residential parent is calling at the wrong time, have the children call.
6. Use litigation as a last resort. Child support late or less than it should be? Don’t let the first call be to the lawyer. Try to work out a plan to pay the arrearage. If you don’t need the money…shhhh, forget it.
Our Memphis Divorce Lawyers strive to make sure that parents understand the helpfulness of a meaningful Permanent Parenting Plan. Always remember that your child(ren) will grow up and life will change, therefore your parenting plan will always be there. But the parenting plan is not intended to be an 18 year iron static contract, you and your spouse must always keep it in mind, refer to it, and evaluate and amend as necessary. When you sign the parenting plan, you are agreeing to make a good faith effort to resolve non-financial support related parenting issues between yourselves or seeking a neutral third party to assist you. Our Memphis Divorce Lawyers can advise you throughout the process.
Maintaining custody is a privilege that not every one enjoys. It should not be a tool to abuse or take revenge on your former spouse.
Source of post: Dads Divorce and www.cordellcordell.com ©
Estate Planning and Divorce
April 9, 2008 | 1 Comment
Estate Planning and Divorce
If you are separated from your spouse, filing for divorce, or even just contemplating it - you need more than just a divorce attorney. You need to visit with an estate planning attorney to make some critical changes to your estate plan before and after the divorce.
Changes to make BEFORE Final Divorce Hearing
If you have signed a health care proxy or advanced health-care directives naming your spouse as the person to make medical decisions for you, you should revoke it and sign a new one appointing someone else. Notify your spouse that you have revoked the HCP/AHD naming them. Make sure that anyone who knows of the old HCP/AHD (such as your doctor, health-care provider, or insurance company) is given a new one. If you have not signed a HCP/AHD, sign one, and make sure your doctor has a copy and carry a card in your wallet indicating who your new health care agent is, and where your HCP/AHD is located.
Remove your spouse from any Power of Attorney documents that you’ve signed appointing them AND notify any entities that may have received a copy of the old Power of Attorney so they know it has been changed. The POA is a powerful document which can give the holder the right to access bank accounts that are in your name alone, get financial and sometimes medical information about you and even sell real estate that is your name. It is vital that you sign a new one if you do not want your spouse to have this power.
During this time you should also be thinking about your estate plan AFTER your divorce. If you would not want your former spouse to be in charge of the money that you will leave to your minor children, you will need to set up a trust, with someone else as trustee. This can be a sibling, parent, friend or even a bank or other financial institution. Your estate planning lawyer can explain what the responsibilities of the trustee are, so that you can make the best choice, and can help you determine when the best time to sign the new documents are.
Changes to make AFTER Final Divorce Hearing
You should meet with your estate planning lawyer to form your plan BEFORE the final divorce hearing to make the necessary changes AFTER the final divorce hearing, so that the documents can be signed as soon as possible after the final hearing. This is because during the 90 days after the final hearing, you are still married, and if you pass away during this time without a new plan in place, your soon-to-be-former spouse could inherit everything.
After your divorce, in addition to signing your new estate planning documents, you should also make sure that you have changed the beneficiaries on any life insurance policies, 401(k) plans, IRAs, and any other accounts that may have had your former spouse listed. If you have set up a trust, your estate planning lawyer can assist you in making sure that the trust is properly named as the beneficiary of these accounts.
We are Memphis divorce and family lawyer as well as Memphis probate and estate planning lawyers.
You are nearing the end of your divorce, the final hearing or settlement is in sight. The last thing you want to do is hire another attorney. You need to see an estate planning lawyer, to make sure that those things we have fought for in your divorce are protected, and that your wishes are honored. We handle all estate planning services on a flat fee basis, we never charge by the hour. There are no court visits or opposing parties, only a continuation of the relationship of trust that you have already built with your lawyer.
SOURCES FOR POST: Georgia Family Law Blog and Leanna Hamill of the Massachusetts Estate Planning and Elder Law Blog recently posted two useful and informative articles (Part 1 and Part 2) about Estate Planning and Divorce.
