Barbara J. Katzenberg, Attorney at LawWorcester Family Law Lawyer | Shrewsbury Divorce And Mediation Attorney2024-03-15T04:54:53Zhttps://www.bjkatzenberg.com/feed/atom/WordPress/wp-content/uploads/sites/1203498/2023/03/cropped-siteicon-32x32.jpgOn Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485702023-03-16T16:29:29Z2023-03-16T16:29:29ZStatistics on custodial parents
The U.S. Census Bureau says that in 2018, approximately 21.9 million kids under 21 did not live with at least one parent (26.5% of all kids under 21). Additionally, 49.4% of custodial parents had child support orders set up, including court orders and informal agreements. Data shows that many of these custodial parents did not receive the full amount of child support owed.
Statistics on child support
In 2017, 69.8% of custodial parents received some child support, but only 45.9% received the full amount due. Furthermore, 58% of custodial parents received non-cash support from non-custodial parents. On average, custodial parents received $3,431 in child support over the course of 2017.
Unpaid child support could leave you with serious financial hurdles as a custodial parent. Likewise, you could face devastating consequences if you do not abide by the terms of a custody order or fulfill your child support obligations as a non-custodial parent. This underlines the importance of addressing child support and child custody matters swiftly and appropriately.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485692023-03-01T19:38:23Z2023-03-01T19:38:23ZKnow the value of your assets
At the onset of your divorce, make it a priority to learn the value of your assets. This is particularly important if your spouse takes sole responsibility for financial management. Identify where your assets are and the net worth of each one. Have a basic understanding of property division laws so you can advocate for a fair settlement.
Realign your goals for the future
Even if you already have a solid financial plan, consider how your split could change the trajectory of your future. Realign your personal goals with your updated plan. Make concrete, realistic goals and begin working toward them immediately. A proactive approach to protecting what you have could make a big difference in your ability to mitigate the negative repercussions of a divorce.
You may need to live life a bit more conservatively while you rebuild your finances. According to U.S. News, divorce could require you to update your lifestyle. Value resourcefulness and savings. Even if you can only contribute a little right now, consistency and responsibility will enable you to gradually rebuild what you previously had. With the right steps, your divorce does not have to have any control over your future.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485682023-02-15T21:44:39Z2023-02-15T21:44:39Zdivide these assets. There are a few considerations to make and then a process to follow to determine what happens with the art.
Ownership rights and the law
You first must consider for each piece of art who owns it. It could be something you own together, but if you can prove it is a separate asset, then it will make the process easier because you will be able to keep all your separate property without having to divide it. It might be separate if you bought it prior to the marriage or if it was part of an inheritance.
However, if you bought it during the marriage and it was not a gift or inheritance, then it is marital property that you must divide.
Division factors
Once you determine a piece is something you both have equal claim to, you should get a valuation. It may be costly to go through this process, but it is necessary for the fair division of assets.
Final decisions
You and your spouse would be best off if you can agree on the division of all art. You may decide to each keep certain pieces of comparable value. You can also sell pieces and split the profits.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485672023-01-27T20:26:28Z2023-02-01T20:26:18Zexplains how to minimize the chance that your co-parent will object to your planned winter vacation.
Check for court approval
Your parenting agreement probably has a lot to say about approving family vacations. One requirement may involve the courts. Some agreements allow parents to work out vacation plans by mutual agreement. However, your parenting plan might also have a clause requiring a court to grant permission for a vacation.
Check methods for making plans
Parenting agreements take many forms, so there is no set way to have co-parents work out a vacation or holiday schedule. Sometimes a plan just requires parents to agree to a vacation through texts or emails. However, other parenting agreements necessitate that both parents sign a document. In some cases, parents must have their documents notarized.
Get documented consent
Generally, it is good to write out your vacation plans and send them to your co-parent to receive approval. If your ex accepts, be sure that you get the approval in a form approved by your parenting agreement. You want to have proof that you had previously worked out plans with your co-parent if he or she later withdraws approval.
In general, these steps may help you plan a family vacation for any time of the year. You should not have to worry that your co-parent will have problems with you taking your children on a fun trip.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485662023-01-27T19:32:18Z2023-01-31T19:31:07ZAsset division
Massachusetts divorce law outlines a process of equitable division of marital assets. Following the established asset division process will likely result in a fair outcome, but mediation allows each party to voice their claim for specific items, such as retirement accounts or the family home.
Child custody
Child custody is often a central point of contention in a divorce, but one that a judge will ultimately rule on in pursuit of the child's best interests. By discussing custody amicably with your co-parent through mediation, however, you can keep matters regarding your child's upbringing within the family.
Business interest
If you or your soon-to-be ex-spouse are business owners, then the enterprise is probably a large contributor to your livelihoods. When seeking a compromise on this matter, both parties can work together to decide if one person should remain in charge of the business after the divorce or if it is best to liquidate the company.
Divorce mediation allows both parties to have their say without interference from the court on sensitive issues. Reaching an agreeable compromise also helps ensure a healthy family dynamic even after a potentially contentious split.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485652023-01-13T16:54:58Z2023-01-18T16:54:06Zinvolves certain considerations. You should be aware of whether you can finance a new house and if your marital relationship will complicate your efforts.
The state of your finances
Purchasing a new home involves the same homebuying steps of making a down payment and qualifying for a mortgage. Given that your divorce will divide your marital assets, you should determine if your diminished financial situation will be enough to make regular mortgage payments.
Also, your credit score should be in good shape. This will help you qualify for a mortgage and get the best terms possible. However, if you still share the debt of your spouse through your marriage, your credit score might take a hit until your divorce separates the debt of your ex from your own.
Your relationship with your spouse
Buying a new home before your divorce is complete could mean your wife or husband will retain an ownership interest in whatever residence you purchase. You might avoid this problem by having your spouse sign a quitclaim deed. This will transfer full ownership of the new home to you.
However, it is possible your spouse will refuse to sign over any ownership interest. If so, you might have to wait for the completion of your divorce before getting a new place to live. Weigh your options carefully to avoid potential complications from buying a new house too soon.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485642022-12-28T22:30:35Z2023-01-04T22:30:25Zhow to secure your assets so your spouse does not retain some sort of access.
Uncouple joint accounts
You may have linked to your bank accounts through automatic payment or withdrawal provisions. When you create your new accounts, you should not forget to redirect your connections to these accounts. You will also need new checks to go along with your new bank accounts.
Check listed beneficiaries
It is likely that you listed your spouse as a beneficiary on some assets. Some spouses want to keep an ex as a beneficiary even after a divorce, but if you do not, you should check any account that could have a beneficiary designation. Common examples include IRAs, 401(k)s or other retirement accounts, as well as insurance policies.
Check transfer on death provisions
It is possible to designate someone to take over an account after you die through a transfer-on-death provision. You may have set up your spouse through one of these provisions. Following your divorce, you should change your designations as you see fit so a child or another family member takes over your accounts after your death.
These steps are especially important if you have not built up your own credit. Maintaining your own accounts and not being responsible for the debts of your ex can help you secure loans for important purchases such as a new home following your divorce.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485632022-12-17T03:51:19Z2022-12-21T03:50:12Zsets conditions for the mediation. This is a good stage to help guide your mediation going forward.
The nature of the mediation
A major benefit of mediation is that you do not expose your personal information through a court proceeding. A pre-mediation contract can help ensure that your mediation is as confidential as you want it to be. The contract will also establish that the mediator will not hand down a binding resolution. You and your spouse must agree to it first.
Conditions of the mediator
You and your spouse must choose the individual who will mediate your divorce. Through your contract, you will establish who the mediator is and how you will pay for the mediation. Usually, both spouses divide the cost evenly.
Termination of the mediation
Pre-mediation contracts can make sure the mediation does not go on for too long by creating a time limit. Many people complete mediation in half a day or a full day, but some mediations may go longer. However, your contract may describe how to end the mediation if you and your spouse agree that your negotiations are not going anywhere.
Pre-mediation contracts will vary by the people who draft them. Still, the basic conditions are important to know so you feel confident that the mediation will work to your benefit.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485612022-12-02T21:05:34Z2022-12-06T21:04:41Zdecisions about child custody.
Consideration
The court will look at past issues when determining temporary and permanent child custody orders. The abuse does not have to occur to the child directly. The court will consider violence between parents. It does not have to be physical either. The court will consider intimidation or threats as an issue.
Pattern
The court will look for a pattern of abuse or considerable evidence of a problem. The law sides with the child in the situation, assuming being with or around a parent prone to violence is not in the child's best interests. The court may rule one parent gets full custody and limit the contact with the abusive parent or require only supervised contact.
Safety
Above all else, when making a decision, the court will always consider the safety of the children. The court will determine, through careful investigation, how safe the children will be with a parent accused of or shown to be violent. There are several ways the court could ensure the safety of the children, including requiring a bond paid by the parent when he or she has the children to guarantee their return to the other parent, supervised visitation, investigations into the abuse accusations and preventing overnight visits.
The bottom line is when domestic violence accusations occur during a custody situation, the court takes them seriously and will conduct a full investigation to keep the children safe.]]>On Behalf of Barbara J. Katzenberg, Attorney at Lawhttps://www.bjkatzenberg.com/?p=485592022-11-30T20:33:11Z2022-11-30T20:33:11ZGet advice
While you do not have to have legal representation during your divorce in Massachusetts, the matter is usually pretty complex. Trying to navigate the process alone can leave you with unfavorable terms, so you should consider getting legal advice.
Have an initial consultation
Get your advice at an initial consultation with a family law professional. They can help you better understand the divorce process and your circumstances.
File for divorce
When you are sure you are ready to end your marriage, it is time to file for divorce with the Massachusetts courts. It can be beneficial to file first in some situations, while it does not matter in others.
Prepare for the costs
Another big thing that people worry about when considering a divorce is the total cost. However, this is not something you can predict ahead of time, so you must prepare for any potential fees.
Gather essential documents
You will need to present a lot of financial documentation during this process. You will need to give as much information as possible on your assets and debts. When you provide excessive documentation, your outcome will be better.
One of the most important things you can do to help yourself during a divorce is to understand the process and know what to expect. Then, you can take the necessary steps to ensure you get through this process smoothly.]]>