Monday, July 31, 2023

Owing Child Support

 How Much Child Support am I Going to Owe?

I get calls every day asking this very question.  How much child support am I going to owe?  I also get the question of how can I pay less child support.

Child support is based upon a formula figured in a computer program.  The only thing that makes a difference is the numbers you put in.


Do I Have to Prove How Much Money I Make?

Part of the process of calculating child support is completing an affidavit verifying income and providing pay stubs to fill in the affidavit.  The second part of the process is signing the affidavit swearing that the numbers are correct.  So the short answer is, yes, you do have to show your income.

Is My Income the Only Consideration When it Comes to Calculating Support?

No, in addition to your income, the computer program takes into consideration how many over night visitations you have, if you are paying for health insurance and who is taking the income tax deduction.  Essentially, you can lower the amount of child support you have to pay by having more overnights.  That is not to say you should seek more overnights simply to reduce your child support.  Everything that is done in terms of child custody and child support is based upon the best interest of the child.  If the judge sees that your motivation in seeking more overnights is to decrease your support, it is very likely the judge will not grant additional overnight time to you.

How Do I Go About Changing or Updating My Child Support?

The first thing to do is to give us a call.  Whether the support is part of a divorce or is part of a modification one of our divorce attorneys can help you find the best answer.  We always offer a free consultation and we can give you a good idea of what to expect as far as your child support.  Give us a call and see what we can do for you.  Visit us on the web or give us a call, (208) 472-2383.  You will be glad you did.

Wednesday, July 26, 2023

You Just Found Out You Were Served Divorce Papers, Now What?

For some people the most shocking or earth shaking thing can be being served divorce papers.  For others, it can be a relief.  Whichever category you fall into, you need to make certain that you read the papers carefully.  Every divorce Petition comes with a Summons.  The summons will tell you that you need to respond within 21 days of being served and if you don't the judge can enter a judgment against you.

What is a divorce petition and how can it effect me?

The divorce petition contains many important parts.  In general there are 7 basic parts.  These are:

  1. The statement of Jurisdiction
  2. Information about the marriage
  3. Information about the kids, if there are any
  4. The grounds for divorce
  5. The custody and support of the children
  6. The division of the property
  7. The division of the debt

A divorce petition is essentially a request of how you want the property and the debt divided and what you want the custody and visitation to look like.  If you don't respond to the divorce petition within the 21 days, the opposing party can take a default against you and get exactly what they asked for.  If you want something different or you believe that the other party has left out important things, it is essential that you respond.

How do you respond to a divorce Petition and do you need a lawyer?

The court requires that you file certain uniform paperwork and pay your filing fee.  Some people can get a divorce on their own without the help of a divorce attorney.  The biggest issue folks run into is that the paperwork that is used, while uniform, can and usually does need to contain certain language and certain terms in order for the person getting a divorce not to compromise their position.  The paperwork can be confusing and believe me, there is a lot of paperwork.  You also need to make sure that you comply with the proper rules when you file the paperwork.  Lastly, a divorce isn't just the language that is in the petition and the answer.  There is always a lot of negotiation going on between the divorce attorneys trying to get the best conditions and outcomes for their clients.

What should I expect the time frame for a divorce to be?

There is no cut and dry time frame for a divorce to be completed.  If the divorce is uncontested and the parties stipulate to the outcome, it can be done in as little as 4-6 weeks.  Other divorces seem to go on and on, stretching into years.  It goes without saying that the quick divorce happens because the parties agree.  The long divorce linger on generally because of high conflict.  Often the high conflict centers around the children.

How do I get an attorney to take my case?

It all starts with a phone call.  Whether you are responding to a divorce petition or you are the party initiating the divorce.  Give our office a call at (208) 472-2383 and one of our divorce lawyers will provide you with a free consultation.  We will answer your questions and outline the process for you.  Give us a call.  You will be glad you did.  Visit us on the web.