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Birmingham Divorce Law Blog

Making the best of child custody in Alabama

The topic of divorce can come up in a marriage for a number of reasons, whether the parties live alone or with a house full of children. In divorce proceedings that involve children, the stress increases and the process may seem more difficult. While deciding on child custody can be challenging, if both parties understand their options and are willing to work together, a solution that works for everyone can be achieved. Parents that are considering divorce in Alabama may benefit from understanding the types of child custody typically available and how to decide which one fits their particular circumstances.

Divorce can seem to be a stressful life-change for those involved. For the children who watch their parents make this decision, it is even more confusing and nerve-wracking. As they deal with their own emotions, the parents should make a conscious effort to ease the tension of the transition for their children. There are some rather simple ways to assist in a child's adjustment to a new situation.

Alabama issues with child custody schedules

The divorce process can bring on multiple arguments between spouses. One of the main issues divorcing spouses argue about is child custody. Many Alabama residents would agree that most parents want to spend as much time as possible with their children. Even after a custody schedule is formulated, there may still be issues present when it comes to weekend visitations.

Throughout the years, child custody issues have increased. Some of the most popular scheduled days to appear in a courtroom is Wednesdays, Fridays and Sundays. At some point in time after the schedule is ordered, a parent may end up late in dropping off or picking up the child. In some instances, a parent may not show up at all.

Alabama spouses should not hide assets in divorce

A couple with two children filed for divorce back in 1999. As more time went by, the battle between the two grew even more intense. Although dividing assets is an essential part of a divorce, it is not always cut and dry. Recently, a man was found to have hidden a substantial amount in assets. Alabama spouses may be able to learn from this couple's experience.

The man worked in real estate and as an investor for an electrical company. He threatened to file bankruptcy so that his wife could not get anything, even child support. Eventually, the man filed bankruptcy, but he did not disclose all of his assets. He reportedly put his assets in other individuals' names in an attempt to cover up millions. To avoid increasing the amount paid in child support, he disguised incoming income through shell companies.

Retirement assets are subject to division during divorce

Many married couples plan ahead and count on assets set aside for the later years in life. However, amid all this planning, people might not count on divorce happening, which can have an impact on existing retirement assets.

Knowing that retirement accounts aren't immune from divorce proceedings, readers might be wondering: How will these assets be split? For the most part, this can be answered based on Alabama family law and when the assets in question were acquired.

 

Court: Donor must pay child support, despite waiving rights

The face of the American family is changing. Many families are being started and grown through adoption, surrogacy or using a sperm donor. Regardless of a biological connection, two people still consider themselves parents and work to build a family. Under these arrangements, biological parents are typically absolved of any financial responsibility to the children because they aren't legally -- or practically -- considered parents.

However, a recent family law case is creating a stir across the country. A man, who acted as a sperm donor and waived all of his parental rights with a contract, is now being held liable for child support payments by the state of Kansas.

How does stay-at-home parenting fit into property division?

When couples reach the decision to divorce, financial matters might be among the first things each spouse considers. Couples typically accumulate assets together during the course of their marriage and must try to untangle them during the course of divorce. As each spouse tries to figure out his or her post-divorce needs, there may be questions about exactly how to formulate the financial settlement.

In cases where both spouses have maintained a steady income while being married, property division matters couple be slightly less complex because each individual can expect to have steady income after divorce. This situation for a stay-at-home parent, however, might be a little different.

Effective custody plans can ease concerns of parents, children

There's no getting around it: Divorce will change how a family functions. This, however, shouldn't stop a person from choosing divorce. It is a stressful experience, but many people realize that it might be best for the entire family in the long term.

As couples are dealing with divorce, during and after the process, it may be easy to overlook all of its effects. According to a recent study published by the Huffington Post, parents may not be aware of how their children are coping with the divorce. The survey says that nearly 40 percent of kids hide their true feelings about divorce, suggesting that many parents are left in the dark.

Alimony payments may be considered tax deductible

Although many people might not know exactly what to expect when deciding to file for divorce, it will certainly provide lifestyle adjustments. Of course, couples can work together to ease that transition for themselves and any children involved in the split.

Some people may consider requesting alimony payments as part of a financial settlement. Spousal support in this form isn't a mandatory aspect of divorce, but it can help ease some financial difficulties created by divorce. For example, one spouse may have a much higher income than the other. During marriage, both individuals become accustomed to the lifestyle associated with sharing income, so alimony payments can help balance out changes caused by living with a single income.

Unraveling the tax consequences of asset division

On a basic level, the goal of property division is to allow couples to split up the assets and property they acquired during the course of their marriage in order to provide a financial footing for post-divorce life. Of course, every couple enters divorce with a unique financial situation, but Alabama family law provides guidelines for how the assets included in divorce should be divided.

Like most states, Alabama's property division laws follow the principle of equitable division. Rather than a basic 50/50 division of marital assets, they are to be divided in a way that is fairest for both spouses.

Father could lose parental rights over McDonald's disagreement

Every parent has had a disagreement with his or her children. Kids might not understand exactly when their parents are trying to teach a lesson or reinforce healthy habits. According to one man, he has tried to do right by his son, but he could lose his rights to child custody and visitation.

In New York, a mother and father are currently struggling with the custody and visitation agreement reached during their divorce. The current dispute started when the father was planning spending time with his son by going out for dinner. His 4-year-old son suggested eating at McDonald's. However, the man felt his son was consuming too much unhealthy food, so he said they could go anywhere other than the fast-food restaurant or have no dinner at all. The child refused to eat, so his father brought him back to his mom's house.

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