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Kansas City Family Law Blog

Standing up for your visitation rights

All sorts of family law topics have been covered on this blog, such as child support and different challenges that can arise during the process of divorce. However, those related to child custody, such as visitation rights, can be especially emotional for parents and may also have a significant impact on children. We understand just how much is often at stake for parents in Jackson County and other Missouri communities who are struggling with this dilemma.

There are many reasons why you may have an even greater level of stress while fighting for your right to visit your child. For example, you could be worried that an unsuccessful outcome will bar you from spending time with a child you care deeply about. Unfortunately, these scenarios can also create lasting hardships for children, who may be unable to continue healthy relationships with their parents. Although it may feel overwhelming, it is particularly important for you to make sure that you are thoroughly prepared for any areas of concern and able to present your defense optimally in court.

Family law issues and vacations

There are many different problems that people come across with regard to family law. Whether you are struggling because of a child custody dispute, are having trouble paying child support, or are stressed out about the idea of divorce and are unsure of how it will affect your family, family law can make life challenging. Our law firm knows how vital it is to work through these matters correctly and it can be very beneficial for you to find ways to relieve stress. Sometimes, people are able to regain a fresher focus and temporarily set aside some of their worries by traveling, while others may be afraid that legal issues related to family law will interrupt their vacation.

There are all sorts of dilemmas you could be facing, depending on your circumstances. On the one hand, you could lose your ability to obtain a passport because you have fallen too far behind on your child support payments, completely throwing off your vacation plans. Or, perhaps you and your spouse were planning a trip together and have had to change your plans because you have decided to end your marriage. Whether you are going through these difficulties or have any other uncertainties involving family law and your vacation, it is crucial to prepare as much as possible and ensure that you handle the situation appropriately.

What is joint physical custody?

10745492_S.jpgIf you are involved in a child custody dispute, you could be facing a whirlwind of uncertainty. Moreover, you could have different questions and be unsure of how key terms could affect your relationship with your children after you have split up with your spouse. Furthermore, some parents in Missouri may have stress or unanswered questions about child custody topics even before they have brought up the topic of divorce. Regardless, it is critical to ensure that you fully understand different potential custody arrangements and prepare for the different possible outcomes.

According to the Missouri House of Representatives, joint physical custody involves each parent having approximate and reasonable time periods where their child is under their supervision or lives with them. However, this does not always mean that custody will be equal. Through joint physical custody, the goal is to offer children the opportunity to have regular, frequent and relevant contact with each of their parents.

Addressing an unfair prenup

30156300_S.jpgWhen a couple works through the divorce process, they may run into any number of problems, from disagreements over who will have custody of the children to the way marital property is split up. However, each divorce is unique and some couples face hurdles that are less common, such as allegations that a prenuptial agreement is invalid. If you believe that you signed an unfair prenup, or if your marital partner is wrongly claiming that your prenuptial agreement is unfair or invalid, Stange Law Firm knows how vital it is to work through this matter properly.

When people sign unfair prenups, whether they were coerced into signing or the prenup is invalid for some other reason, they need to defend their rights. Unfortunately, some people do not recognize that the prenup they signed years ago was unfair, or some may feel as if they do not have any options. However, when an unfair prenup will affect how property is split up between spouses when they divorce, or have an impact on any other divorce-related topic, those whose rights have been violated should never stay silent.

How long do you have to pay child support?

Child support consistenly ranks among the issu41671077_S.jpges in a divorce that cause the most contention. Tensions between ex-spouses can often cause both sides to accuse the other of failing to pay it or misusing it. Given the strong bond you likely share with your kids, you may have no problem paying your obligation. At the same time, you may not want to see your ex-spouse taking advantage of this benefit by trying to get you to pay beyond what your obligation calls for. This prompts the question of exactly how long do you have to continue to pay child support

The answer can be found in Section 452.340.3 of Missouri's Revised Statutes. It states that, generally, your child support obligation terminates when your children covered under it: 

  • Die
  • Marry
  • Enter into military service
  • Reach the age of 18

Handling family law matters as a woman

15739839_S.jpgWith regard to divorce and all other family law issues (child support, custody, property division, etc.), working through the process can be challenging for everyone involved, without regard to their gender. However, there are certain times when divorce can be particularly hard for women in Jackson County, or another Missouri region. Whether you are worried about the way in which divorce will affect your spouse or you are a woman who is preparing to split up with your marital partner, Stange Law Firm knows how helpful it may be to closely review all of the details of your situation.

For some women, the divorce process can be especially hard, from an emotional standpoint. From worrying about how children could be affected by divorce to fighting for alimony or child support that a former spouse refuses to pay, all sorts of different issues can create mental and financial hurdles. Furthermore, there are times when divorce can be even more upsetting for a woman, such as pregnancy. Divorce can generate uncertainty and may leave someone who is pregnant with many questions and concerns.

Using 401K funds to pay child support

34690105_S.jpgMissouri parents who are getting divorced, are already be divorced or who might have never married their child's other parent may need to understand their options for making child support payments. Regardless of a person's marital or financial situation, finding ways to incorporate this expense into a monthly budget can be difficult at times. One option that people could consider is leveraging their 401K account funds.

There is, however, a right and a wrong way of accessing 401K funds to pay child support. By simply taking an early pre-retirement distribution, an account owner may put themselves at risk of paying high early withdrawal penalties. As explained by the Internal Revenue Service, the use of a qualified domestic relations order may help people to avoid these penalties and thereby save much of their hard-earned savings.

Divorce and back-to-school season

31240724_S.jpgAs a parent, you may have a number of concerns as school season approaches. Perhaps you are trying to buy clothes and school supplies, or maybe your child is experiencing anxiety about returning to school. At Stange Law Firm, we know how Missouri families become stressed out over divorce. However, if you and your spouse are talking about ending your marriage around the time when your child will be heading back to school, it is particularly important for you to ensure that you take the right steps to make the transition less challenging during this time of year.

On the one hand, your child may experience certain emotions when they find out about your plans to divorce, such as depression or even anger. In order to do what you can to prevent these issues from interfering with their transition back to school and their performance in class, you may want to try to discuss your divorce with your child (or children) and answer any questions that come up. In fact, school season can create challenges for parents as well, especially those who are approaching the divorce process. For example, you might feel as if you have a lot on your plate because you are trying to adjust your schedule to include responsibilities such as transporting your child to and from school, helping them with extracurricular activities, etc.

How legal custody differs from physical custody

10745492_S.jpgParents who are dealing with custody issues in Kansas City may not be familiar with some of the legal terminology involved, especially if it is their first time in the court system. When it comes to child custody, there are generally two different types of custody that a judge may grant to either or both parents.

When a parent has physical custody of a child, it means that the child lives with, or physically resides with, that person. One parent may have sole physical custody or the parents may share physical custody. On the other hand, legal custody, as FindLaw points out, has more to do with who is able to make decisions that affect the child's life.

Does divorce have other tax consequences?

46327766_S.jpgIf you are just considering filing a divorce petition, have already been granted a divorce, or are in the middle of the process, you may have to work through different types of divorce-related legal issues. From child support to custody and alimony, it is pivotal that you are aware of your responsivities and handle these matters appropriately. Moreover, you should recognize other ways that divorce can affect you. For example, your taxes may be impacted by splitting up with your spouse in different ways.

The Internal Revenue Service states that divorce can affect taxes in a number of ways. For example, if you change your last name after ending your marriage, you should make sure that the name listed on your tax return matches your name in the Social Security Administration's records, or else your refund may be delayed. Although child support is neither taxed nor deducted, people are required to pay taxes on spousal support received and are able to deduct spousal support that was paid.

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Stange Law Firm, PC

Stange Law Firm, PC
256 NE Tudor Rd.
Lee's Summit, Missouri 64086

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