IS SUPPORT ORDERED IN A MILITARY DIVORCE NOT BEING PAID?

Ending a marriage with a member of the Armed Forces involves dealing with numerous benefits and other issues that other Kentucky residents may not have to deal with in their proceedings. One of those issues is support orders. Each branch handles its members, providing adequate support in different ways. However, help may not be available if the service member is not paying support ordered in a military divorce in a civilian family court.

The pay of active duty, retired or reserve military members can be garnished. However, you can only seek a garnishment for alimony and child support. Having an order from a civilian court is essential. The order must clearly delineate that it is for one or both types of support. 

When sent to the Defense Finance & Accounting Service for implementation, the garnishment must include the military member’s identifying information such as Social Security number, date of birth and name. If you know where he or she is stationed (if active duty) or currently resides (if retired or reserve), that information should be included as well. If the service member is more than two months behind in payments, it may be possible to receive a statutory allotment, which requires a different procedure to obtain.

Complying with both state and federal laws regarding support ordered in a military divorce can be frustrating and complex. If you are not receiving the payments ordered, you may initiate one of the processes above. You may have an increased chance of obtaining much needed support by enlisting the assistance of a Kentucky attorney who understands the complexities involved.

Source: thebalance.com, “Military Divorce and Separation: Child/Spouse Support and Garnishment Issues“, Rod Powers, Accessed on Aug. 27, 2017

CAN THE KIDS BE KEPT OUT OF THE DIVORCE?

When parents in Kentucky decide to end their marriages, it may not be possible for them to completely shield their kids from the trauma of the process. However, it may be possible, and even necessary, to protect them from as much of the negativity that may accompany a divorce. Regardless of what happened to the marriage, the kids, especially the young ones, still love both parents.

They need to know that their parents still love them no matter what else is going on at the time. This may require extra reassurances from both parents. This often means putting aside all of the contention between the parties in order to focus on the children, at least for a while each day, or as often as possible.

Children also need to know that they do not have to choose between their parents. It may be easy to get wrapped up in the emotional fallout of the end of a marriage, but most parents work hard to keep this away from the children. This also means not using the children as a sounding board for issues that need to remain between the parents.

The other way that Kentucky parents can help keep their children out of the divorce is to focus on the parenting plan. Enlisting the assistance of an experienced family law attorney could help make sure that any agreement parents agree to will meet with the approval of the court. If the children see that their parents are willing to put aside everything else in order to ensure their happiness, it would go a long way toward helping them through this difficult time.

Source: nydailynews.com, “3 ways parents can protect their children during a divorce“, Jacqueline Newman, Aug. 18, 2017

PATERNITY SUIT FILED AGAINST NBA PLAYER

Like most men here in Kentucky, Amar’e Stoudemire had no problem accepting that he was the father of a woman’s child despite the fact that he was married to another woman when the child was conceived and born. He began providing for the child after he was told about her, which was not until after her birth. However, that did not stop the girl’s mother from filing a paternity suit against the NBA player seeking permanent child support and a legal acknowledgement that Stoudemire is the father.

The woman is not currently employed and does not want to be. She says in her pleadings that she does not want to work so that she can stay home and raise her child. She essentially wants the court to order Stoudemire to pay enough child support for her to be able to do that.

She also claims that he failed to pay any of her maternity or birth expenses. She is asking for reimbursement for those expenses as well. As for Stoudemire, he claims that he has already given the woman a lump sum of money that more than covers those expenses and has been paying temporary child support to her since he found out about the child.

Most Kentucky men who find themselves in this position may not be paying out the thousands of dollars that Stoudemire is, but the result is the same. Paternity will need to be legally established and then child support ordered. What some men may not realize is that they may also ask for custody and visitation to be established as well once they are legally recognized as the biological father of the child. The proceedings do not only have to be about child support.

Source: Miami Herald, “Married former Miami Heat benchwarmer faces paternity suit“, Jose Lambiet, Aug. 9, 2017

HOW MUCH SHOULD THE STATE INTERFERE IN CHILD CUSTODY MATTERS?

Recently, officials in another state determined that a couple simply was not smart enough to raise their children. The state uses the fact that the mother, whose IQ is said to be 72, did not realize that she was pregnant nor in labor. She is not the only woman to ever experience this. The IQ of the father of her children is reportedly 66, and he receives Social Security disability benefits. A “normal” range for the average IQ here in the United States is between 90 and 110.

Many people came forward to stand up for the couple. They said that nothing indicates the children are in harm’s way or that their parents are not protecting their best interests. Family members are divided regarding whether the couple should have custody of their children. Even so, Oregon officials put the children in foster care.

Sadly, the laws in many states still consider intelligence to be a predictor of whether an individual will be a good parent. When it comes to child custody matters, Kentucky courts are bound to consider what will be in the best interests of the children. However, they should consider the totality of the circumstances and not just one factor when making decisions — unless that factor involves the abuse or neglect of the children.

Source: deseretnews.com, “This couple may have lost custody of their kids because they weren’t smart enough“, Eric Schulzke, July 31, 2017

 

WHAT DO SUMMER VACATION AND DIVORCE HAVE IN COMMON?

Timing is what they have in common. After summer vacations are over, many Kentucky couples could decide that the time is right to divorce. Few parents want to announce a divorce before the family vacation, so many wait until they return, but before school starts. This also gives parents time to let their children get used to the idea since telling them as soon as possible could help prevent problems later.

Regardless of whether a Kentucky resident married young, married for the second or third time or reconnected with an old flame on Facebook, he or she may deal with divorce differently, depending on gender. Research shows that men and women view the process differently. Women take more time to process their emotions while men want to move through the process quickly.

Even when the parties want to work together, this could cause some issues when attempting to negotiate a settlement. This is where a mediator could come in handy to keep the parties on track while ensuring that each of them listens to the other. Many couples are now using such alternatives to a traditional courtroom divorce in order to save money, time and effort.

If this is the last summer that a couple wants to remain married, they can end on a positive note. It is not necessary to let a judge make the decisions. The parties can work together to create a divorce settlement that satisfies each of them. This can help reduce the stress ordinarily associated with a divorce, which could be especially useful if there are children involved since they need reassurance that their parents will continue to be there for them regardless of whether they remain married.

Source: The Huffington Post, “The Most Important Things to Know About Divorce“, Jim Halfens, July 28, 2017