The Thanksgiving holiday is now in the past, and Christmas is fast approaching. This is a tough time of year for any divorced parent who is not the primary care giver. This is especially true for divorced Dads as they are least likely to be the primary care giver. Kids naturally gravitate to spending time with their custodial parent which is with whom they spend most of their time. They view their custodial home as ‘their home’ and they don’t naturally think of Dad’s place as ‘their home’. It might not seem fair, but it’s reality.
To find more time with your kids during the holidays, you must act more cohesively than ever with your Ex. You have to co-parent on holidays to get the most from your kids and get the most for yourself. Keep in mind, this is not about you, Dad. This is about your kids and what they want and what they need.
Holidays are full of traditions. Your kids likely have traditional things that they do with Mom. Maybe they bake cookies and decorate the tree while drinking their favorite cocoa. But, what traditions have you established with your kids? What have you done to create new traditions for you and your loved ones? Time is on your side and you have time to think of new ways to connect with your kids. If possible, go out and cut down a fresh Xmas tree. Go Christmas caroling with them. If you have daughters, take them to the Nutcracker. If you have boys, take them hiking in the woods or camping in nature. There are lots of creative things you can do to establish new traditions. But it starts with you.
Co-Parenting Agreements Can Help
Some divorced families stick to rigid scheduling around holidays that have either been agreed to previously, or are court ordered. While it can ease co-parenting tensions to have clearly defined dates set far ahead of time, I also believe it is valuable to have flexibility.
After our separation, the mother of my daughter and I had a detailed support agreement to rely on when issues arose. We used that as the final say, though in most circumstances we simply communicated effectively about what our needs were, what our child’s desires were, and sought to find resolutions among our choices that would best benefit our kid.
His and Her Holidays
I recommend having at least one holiday a year that is “yours” and one holiday a year that is “hers” and work to keep those traditions in line as much as possible. I would also suggest that these holidays are not the big ones like Christmas and Easter (or Hanukkah and Pesach if you’re a Jewish family).
Making permanent co-parenting schedules for minor holidays can help to ease the tensions surrounding the major ones, and also ensures you will have the opportunity to have at least one special time of year with your kids, where you can instill traditions, knowledge and that cherished feeling of family togetherness.
Family Traditions of Her Side of the Family
Thanksgiving has always been a pretty big deal for my ex’s side of the family. My daughter’s mother has a large extended family with three great aunts and many cousins. One of the great aunts had made it a tradition, years before my daughter was born, that she would visit the rest of the family every Thanksgiving.
On the other hand, while my family isn’t small, we also don’t have long standing Thanksgiving traditions. I’d love for my daughter to spend that holiday with me and could easily have argued for my rights within the stipulation agreement, where it outlines we trade holidays yearly. Honestly, the only real point in doing so would be to disrupt my ex’s family’s traditions and assert my own egotistical needs.
Instead, when we first looked at holiday times, we decided since Thanksgiving was an important one for her family, my ex would always have our daughter for Thanksgiving, and I would always have my daughter for Halloween (which happens to be one of my favorite holidays).
Special Time With Daddy’s Girl
From the time my daughter was old enough to trick or treat, until the year she graduated high school, we have had almost every Halloween together, and over that time we also established life-long friend for her that joined us in our celebrations.
Equally over that time, my daughter has enjoyed the richness of her mother’s traditions concerning Thanksgiving and will hopefully want to continue those into her adult life. Personally, I really look forward to a Halloween evening out with my adult daughter some year.
Here’s That Flexibility Thing Again
Over the course of my daughter’s life, there have certainly been one or two times when this has changed for various reasons (one year the great aunt was sick, and my sister in Texas asked if we could join them, so we switched it around that year), though for the most part, those holidays have become the least stressful of our planning year. My daughter came to expect Thanksgiving with mom and Halloween with dad, which also created ease for her.
Co-Parenting on Holidays and School Vacations, Too!
Concerning the major winter and spring holiday breaks for schoolchildren, I would recommend a flexible approach that places emphasis on raising the children with the influence of both families over time. An “every other year” policy seems to be the best, at least from what I have experienced.
Again, it is important to listen to your kids. Ask what they want concerning holidays (once they are old enough to reason, of course) and do your best to accommodate.
Bottom line: When holidays and vacations are approaching, work to plan far in advance with your ex. If you know that next spring break your side of the family is planning a reunion, don’t wait until three weeks from break to start asking your ex and your child how they feel about the vacation. Co-parenting on holidays and vacations can be stress free if you start negotiating as soon as you know about special events.
My ex and I were pretty good at scheduling on holidays and vacations. We often had our daughter’s summer schedule worked out by late winter!
Early negotiating made long term planning much easier on us both, and gave our daughter the comfort and security of knowing where and when she would be while on school breaks. My daughter was never left hanging until the last minute, and could make advance plans with other kids that live where she would be on break.
Co-parenting Conflict Resolution
No matter how carefully you plan, no matter how good your relation with your ex is, there will be times when you have to find a resolution to a scheduling conflict.
Obviously, one of you will have to give in. Let’s not make a big deal out of it, okay?
Listen, as the years go by, the important thing is your continued presence in your child’s life, and one holiday isn’t going to make the difference. Keep that in mind as you negotiate.
By the same token, it is important to give your children routines that they are comfortable and familiar with. One of these is keeping holiday schedules intact. Though it isn’t critical to adhere too strictly, it is definitely a good idea to keep a comfortable schedule your children are familiar with when possible.
The Art of Negotiation
Giving your kids routines around the holidays (and frankly, around just about any recurring activities in their lives) provides them a sense of comfort and security.
So, let’s say you both want to spend the 4th of July taking your kids to see fireworks. What can you do?
Well, the most obvious first question is; do you already have a set routine between your ex and yourself concerning this holiday?
For the sake of argument, we are going to assume that she normally has custody on this holiday. You’re disturbing the co-parenting routine with your request. So, be certain to ask yourself how important is it that you get the kids? Do you just want to spend time with them on a date you normally don’t, or is there a compelling reason to ask your ex to shift schedules (family in town, great deal on a houseboat, special activities for the kids, etc.)
If you honestly believe the children will benefit more from time with you than from their established previous routines on this holiday, then you should proceed with careful negotiation.
I feel the first fair proposal to make your ex is to see if you and she can both spend time with the kids on the holiday. This makes a huge impact over the years, when kids can see their parents interacting without malice.
If it is already established that you and your ex will not share a holiday together, then there is no point in trying that route. Concerning the children, the real question is what will make the most sense. If you know that having the kids will best benefit them, then I suggest you do your best to discuss your position with your ex. Explain how they will benefit, and be willing to make a counter offer.
Effective Co-Parenting On Holidays Means There Has To Be Some Give And Take
Perhaps if you take them for Independence Day, your ex will take them for Labor Day weekend when you would normally have them?
When working with your ex towards finding co-parenting holiday schedules that will work for the both of you, compromise is key. (Mostly, your compromise.)
Remember, the goal is to find the best experience for your kids. Though you may have ideas of how you want your holidays, you will have to negotiate in most cases. Always try to keep the conversation focused on the resolution, not your personal wants or desires.
Again, try to keep a bigger picture in mind. Swapping holidays is really pretty common among single parents, and unless you have some type of stipulation either clearly defining each holiday or clearly stating your rights, then there is going to be room for redefining your holiday scheduling.
I have mentioned this previously, and it bears repeating: The farther ahead you can plan holidays with your kids, the easier it will be on all involved.
The farther ahead you can plan holidays with your kids, the easier it will be on all involved.
The sooner you are aware of the need to change an existing schedule, the better the chances of getting it accomplished. Use your first available opportunity to communicate with your ex what you would propose for a change, and be willing to make concessions.
Remember, anything that isn’t already defined is going to be a disruption for her, so keep that in mind as you ask. If you know you want your kids for one holiday, perhaps you can come up with ways that taking them will actually look like support of your ex. Just being willing to work with her will make a difference, for you, for her, and most importantly, for your children.
How are you dealing with the challenges of co-parenting on holidays? Tell us what works – and what doesn’t – in the comments below!
Now is the perfect time to check out Melissa Ricker’s tips on Using Google Calendar for Effective Co-parenting. You won’t want to miss Sara Gabriella’s reasons why Co-parenting Agreements Put Your Kid’s Best Interests First.
Thank you for visiting Guyvorce.
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August. The dreaded time for kids to go back to school. Most kids hate it. But, you love it for the peace and relaxation that lies ahead. But, for many, August is the child support system Awareness month. Yeah, that’s right. The states have instituted a Child Support System Awareness month to educate and focus their efforts to collect child support arrears from what many believe are ‘dead beat dads’.
The Child Support System’s Child Support Awareness month was started back in 1995 by states and municipalities across this great land. But, the implementation of this plan was one more focused on funding the STATE than funding needy parents in want of child support arrears.
The truth is in the numbers, so leave your emotions at the door!
The Child Support System – Every State Wants A Piece of This Action
You can’t avoid the emphasis on deadbeat child support collections dominating the news this month, second only to the Olympics. Here are a few of my favorite headlines, filled with biased, emotionally charged wording:
– “Texas Cracks Down on Deadbeat Parents”
– “New Jersey Rounds up 1221 Deadbeat Parents Owing $25.4M”
– “New Mexico Governor Announces Crackdown on Parents Failing to Meet Child Support Obligations”
Even the Feds have a Deadbeat Parent Punishment Act to catch parents who move from state to state to avoid paying up.
News outlets revel in hyping the national tragedy of unpaid child support exceeding $100 billion. Very often though, they leave out the details behind these numbers – important details!
First, this is the total running tally of unpaid support since data was kept, meaning decades of debt. The children owed the first $1 million of this figure are likely parents or even grandparents themselves now!
Parents Can’t Pay From Behind Bars
The first article in this series covered how much of TODAY’s unpaid child support is actually accumulated by people in PRISON, who with their almost zero dollars income, are not likely to make those payments.
Even armed with this bit of common sense knowledge, the government is continuing to add up their debt while also piling on interest. Read the detailed article here.
The Numbers Will Blow Your Mind
Following the money, Part 2 of this series reveals how the National Department of Health and Human Services was responsible for the Enforcement Division of the collection effort. But wait! They also reported (through a separate division) who owed the child support based on annual income and the likelihood of collections.
Turns out, those making a livable wage owed only a small fraction of the total debt! The rest of the debt resided with those barely getting by, and this same federal agency labeled that debt as largely un-collectable! The shocking details are all here.
The Beatings Continue Regardless of Results
It’s terrible how so many parents out there are struggling to make ends meet at a poverty-level wages.
Both parents are struggling to provide for their children. Yet, instead of focusing on ways to educate parents to improve their job skills and wage potential, the authorities attack the parent who can’t keep up.
New Mexico, for example, as part of it’s annual crackdown on deadbeat parents, publicly lists the names of parents with delinquent child support.
Are banks allowed to list all those who are late with their payments? A bank would probably be slapped with a huge lawsuit, but I guess the government doesn’t have to follow the same rules.
Where’s The Money – According to Uncle Sam
So where are these agencies focusing their efforts? You can’t nail it down for all states, but the Department of Health and Human Services provides a clue about where recoverable money resides for those in arrears.
HHS reports suggest that once a parent with delinquent child support made over $20,000 per year, their debt was mostly collectable. But, only 17% of the “deadbeats” fall into the collectable category.
The rest – the vast majority- had little or no income.
The data shows that about three-fourths of the debtors have no reported income, or make less than $10,000 per year! This income group is also categorized by this same agency as one whose arrears are virtually “un-collectable.”
But hey, this is where the debt resides, so the agencies choose to focus considerable efforts towards collecting child support debt from those that can’t afford to pay it!
It’s pretty clear how bloated the budgets are for federal and state collection and enforcement agencies. The government collection agencies could pay off the total child support arrears in the country in just a few short years with only their fat annual budgets.
The government collection agencies could pay off the total child support arrears in the country in just a few short years with only their fat annual budgets.
But these agencies are getting results, and their results are widely publicized in the news. As an example, let’s look at New Mexico again.
The Poster Child For Child Support Collection
New Mexico proudly received a national child support enforcement award for the “Most Improved System”.
This year, they are on track to exceed $140 million in back-due child support collection. That’s a pretty impressive number – that leaves out the crushing impact to those who pay into the $140 million.
The New Mexico Division of Child Support Enforcement has an annual budget of $34 million, roughly 25% of the collections. So, for every dollar the tax payers put in, they received four. Sounds good, but there’s more to the story.
The problem with just showing the raw collected amounts is traced to the Bradley Act in 1986 that allowed states to add interest to arrears. So how much of that $140 million is actually money that was due to the parent versus interest that goes to the state? The answer is not advertised, but we have great examples from real folks.
A Payment Scheme Like You Wouldn’t Believe
Recently, a reader shared his story. Let’s call him Joe. His kids are now grown and out of the care of their mother. He made scheduled child support payments until he hit hard times and missed some. Eventually, Joe got back on track and made payments until his kids were grown. Now he’s making his payments for the overdue amount. Joe pays $100 per month.
Sounds good. He’s paying his debt. Right?
The story gets ugly though, when Joe shares the breakdown of his debt payments. About $25 of his payment goes to his ex. The rest? $75 goes to interest on his debt and goes to the state. Yeah, they can charge interest, remember?
Math time! 75% of that collection goes to interest…only 25% to the parent. Apply that to New Mexico’s success story.
Just Suppose …
$140 million in collections…outstanding! 75% back to the state, or $105 million. So $35 million goes to the parent that’s due. Considering that their annual budget, invested by the taxpayers, was, $34 million, the result was only $35 million to the parents and kids that needed the money, the kids that needed school supplies.
That’s pretty close to a 1 for 1 ratio, meaning the taxpayers gave the state $1 and the state gave $1 to the parent in need. After that, the state made over $100 million profit from interest. This is interest collected from people struggling to meet their child support obligations, struggling to make ends meet.
We aren’t talking about making $100 million from creating an industry that provides products and jobs for the community resulting in taxes collected on industrial revenue. This is money “taxed” on the poor.
Essentially, the states are cracking down on struggling parents to fund their programs. The states are publicly vilifying struggling parents, while crushing them with insurmountable interest and debt.
Wouldn’t the agency funds be better spent by educating parents, improving their income, and then taxing their income? The kids would have a better quality of life and the state would be funded to serve the people, not turn them into indentured servants.
There’s Gotta Be A Better Way
We must create a better system. The money invested is clearly wasted. Currently we are treating the symptom of the problem, missed payments, as criminal behavior. The state is spending countless taxpayer dollars to collect back due child support from those that can’t pay, as well as interest to pad the state’s bottom line.
We need a system to treat the cause of the problems. Unpaid child support is caused by low incomes, poor job skills, and skyrocketing child care costs.
Children of divorce will be better served if the funds budgeted for child support enforcement and collections are spent fighting the poverty cycle!
Are you fed up with the broken child support system? What is your child support experience? Share your opinion in the comments below.
Consider me frustrated, frustrated at ‘the system’ and its persistence in going after deadbeat dads and their alleged child support arrears. Don’t get me wrong. Real deadbeats are the scourge of the human race for not taking financial responsibility for their offspring. And, as the mid-term elections are grinding to…
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Consider me frustrated, frustrated at ‘the system’ and its persistence in going after deadbeat dads and their alleged child support arrears. Don’t get me wrong. Real deadbeats are the scourge of the human race for not taking financial responsibility for their offspring. And, as the mid-term elections are grinding to a close these next couple weeks, I’m sure there will be many politicians proclaiming that the increase in households living below the poverty line is directly related to the increase in children raised in single parent households.
There are numerous websites that list and profile deadbeat dads in an attempt to identify them, expose them, find them and shame them into financially supporting their offspring. This is, among other things, no better than the public stocks located in the town square of our early American pilgrimage when those that broke the covenants of public reason and law were publicly displayed for rebuke and humiliation by the local citizens.
Many of these websites run public forums, and one such site run and supported by the Canadian Government has such a public forum as well. So, I joined in on the discussion about going after child support arrears.
Everyone was applauding the site and its goal when I arrived onto the forum. I chimed in and mentioned the first article in this series (which the forum managers removed shortly thereafter, but whatever) that plainly lays out the facts behind the myth that dead beat dads are the best un-tapped source of income for children living in poverty.
Note: Haven’t read it? No prob! Check it out here.
None in the forum knew how many so called “no-loads” were actually in prison with no chance at making an income. Even with that knowledge, many didn’t care. I received strongly-worded counterarguments about the many dads who hide income to avoid paying to support their children.
If you’ve read my work, you know how much I just love broad generalities and hyperbole! So, I moved the throttles to afterburner and asked about the moms who refuse to get jobs to artificially keep their incomes low to increase their child support award. My question also had no basis in fact, but since I was “discussing” grown-up topics with folks who weren’t, why not poke the bear!?
Cutting through the emotions, a real question emerged: What about parents with past-due child support arrears who aren’t in prison? Why aren’t they paying?
An excellent question, it turns out! And the FACT-BASED answer is the purpose of this article!
Breaking Down Child Support Arrears
The reality of over-due child support is shocking. In my previous article, I estimated the figure is at over one-hundred billion dollars!
Granted, that’s the total over decades, but armed with only that knowledge, it’s easy to fall into the trap of assuming we can go get that money and win the war on poverty.
The breakdown of the debt, though, crumbles the walls of that belief like a Christmas gingerbread house left out until May.
WARNING! REAL FACTS AND DATA AHEAD. IF YOU DON’T LIKE THESE, DON’T READ!
The US Department of Health and Human Services reports:
- 40% of that hundred-billion-dollar pie belongs to people with NO INCOME! No income, as in zero! It’s a difficult source from which to pull, at best.
- 30% is from individuals who make an annual salary anywhere from $1 (so that’s actually something) to $10K
- 21% is owed by those who rake in an annual sum of $10K to $30K
- And only 9% comes from people making over $30K
Remember that these individuals also need to sustain themselves!
Unfair Interest Rates on Child Support Arrears for Low Earners
I’ll save the debate on minimum wage for another series. But let’s at least consider the current system’s implications.
Some states have a higher minimum wage, but the federal minimum is $7.25 per hour. For a full-time, 40-hour-a-week job, that’s just over $15K per year or $1,257 per month.
Out of that comes food, lodging, health insurance, transportation, clothing, etcetera. There’s not much left after that. Most who live on that salary will tell you zero is what’s left over.
Our child support system is designed so that both parents are tasked with supporting their children. And both should!
For many reasons, our system built up an enforcement network over the past decades to seek out and collect child support arrears. The problem was only compounded by the Bradley Amendment of 1986 that allowed states to add interest to those arrears.
Think about that for a minute.
We have people out there struggling to get by on nothing (or almost nothing) themselves. When they fall behind in child support, we pile on interest to their debt? How do we expect them to dig out of that hole?
The Government has been very willing to attack predatory credit lenders that impose egregious interest rates on the poor. When the housing market crashed, the Government attacked banks to renegotiate the terms of the horrible loans that families struggled under.
This same Government, though, is charging interest to poor working parents who can’t meet their child support obligations. We all know what it’s like to struggle to meet our bills. For these parents, the pain never ends. It’s a constant shell game to keep creditors and bill collectors satisfied just to make it through to the next month, sometimes even the next meal.
Child Support Arrears Collection Forecast
Some parts of the Government recognize how unlikely these debts are to be collected. Ironically, the same organization, the Department of Health and Human Services, reports their estimate about how much of the outstanding child support debt will be collected after 10 years.
- 100% of the debt owed by those who earn >$30K annually will be collected
- 50% of the debt owed by minimum wage earners will be collected
- <25% of the debt owed by those making <$10K annually will be collected
I’m not presenting new math or even a new concept. The phrase “You can’t get blood from a turnip,” has been around for a long time. Yet we continue to bring up these parents as sources of income to solve the overall problem of children living below the poverty line in America. We spend a hefty chunk of change in tax dollars to go after these debtors.
How much does a federal enforcement bureaucracy cost per year?
Federal agencies don’t collect the debt themselves. Instead, they study the data and guide policy. The state enforcement agencies are actually charged with collections. So figure into your estimate another 50 collection and enforcement agencies in addition to the federal agency.
What did you come up with?
Remember how I told you the total child support arrears in America exceeds $100 billion dollars? Turns out, the federal Office of Child Support Enforcement works for the same federal agency I keep harping on, the Department of Health and Human Services.
That division’s annual budget is public record and has been pretty steady for the past several years, around $4 billion EVERY YEAR!
Take that number and add in an agency for each state!
Want an example? California’s child support agency’s annual budget: $1 billion. That’s a big state, so assume most are 75% of that number. You end up with an estimate for state fiscal commitments around $37.5 billion. Add in the federal agency and you get $41.5 billion!
Seems to me that if you eliminated these agencies, you could cover the decades’ worth of debt in just under 3 years!
What if you cut the enforcement side of all those agencies completely? Take a portion of those funds and apply them to education programs for parents to help them get better jobs.
The same federal department I’m annoyed with myself for repeating shows that if individuals can earn over $30K per year, they have an almost 100% chance of making their payments.
If the real goal is to end child poverty, let’s attack it from all sides! There are 2 parents and both need to support their child.
One is tagged with paying child support. For those who can’t make their payments, help them get just twice above the minimum wage so they can. At the same time, we can help the parent receiving the child support earn a better wage and get more affordable child care while working so they can work full-time.
The result would be greater income for BOTH parents, which only benefits the children.
Assuming we only had about 15% of that annual budget, or $6.2 billion, do you think we could stand up a good program with the goal of increasing employment and eliminating (or at least decreasing) child poverty? Or is it better to keep spending our tax dollars on federal and state agencies tasked with collecting debts that THE SAME AGENCY ruled un-collectable!?
Let me know in the comments!
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When you get lemons, make lemonade. Ok, so you have a limited amount of time to spend with your child. Make the most of it when you can by bonding with your child.
Your visitation is limited by court order to every other weekend and Tuesday and Thursday. Cool, do all your chores and ‘must dos’ while he’s with his mom and have nothing to distract you when you’re with him. You might be surprised, but, you may have more time now to bond with him than ever before.
The keys words here are ‘quality time’. Bonding with your child is all about uninterrupted exchanges just between the two of you. Above all, always listen and ask his opinion. He has a voice and a lot to say.
Forget about trying to impress him.
Fancy places and expensive amusement parks are fine if you have the money for them. But, simple things like watching a movie or ball game on TV, while he’s sitting on your lap eating popcorn are more than a match.
Some ideas for bonding with your child:
- Teach him a sport and get him into it. Have his favorite snacks around the house. Don’t abuse this, but a little extra won’t hurt. Make this into a fun time that he will look forward to.
- Have a phone installed in his room so you can call him directly whenever you want.
- Take pics when the two of you are together and give them to him.
- When he is old enough, get him his own mobile phone.
- Volunteer to coach any of his sports teams.
- Agree to babysit when ever your ex needs you to.
- Don’t buy expensive gifts to impress, cheaper ones are just as appreciated
- Teach him sports, checkers, chess and judo
- Play ball with him
- Read to him.
- Cook with him.
And, don’t ever complain about your ex or express hostility towards her and especially don’t ever yell at her in person or on the phone.
Lastly and most importantly, love him and show him your love. Studies have shown that in a lot of cases, the child is better of when the parents divorce, than when they stay together and argue all the time, especially when you’re bonding with your child
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Alimony may have had its place in divorce, but far too often it is like a punishment for men. In a world where women continue to gain more of a percentage of the workforce, the need for alimony continues to come under fire. Some think alimony has traditionally been used as a way to get men to stay in a marriage they possibly did not want anymore. Whether true or not, thankfully, many states are changing those medieval modes of thinking about spousal support!
The Greatest Alimony States for Men
Georgia has some of the best laws in the country in regards to knocking out alimony from the divorce equation. Sometimes you have to wonder if they named it the Peach State after their alimony laws.
While some alimony can be ordered, usually it is not. They keep trying to improve their laws related to alimony, but as with legislation, it is difficult to cover all contingencies, like this one related to trust protection exclusion related to alimony.
Additionally, if the spousal payee committed adultery, they are barred from alimony payments altogether.
Texas is one of the hardest states to get alimony payments in the country. It often is just not awarded at all.
The only downside is that the Lone Star State is a community-property state. Wealthy breadwinners beware! Property gets split down the middle.
The land of quickie marriages and divorces!
While this might not be the place where you make your last stand with your ex in a long, drawn-out battle, it can go very well in short, somewhat amicable divorces.
Note: Nevada is also a community property state.
Alaska has a non-monetary contribution to the marriage where marital fault may also be considered. But, this could be a double-edge sword.
If your wife contributed to the marriage by raising the kids, then, maybe it’s not so good. Conversely, if she cheated, the alimony gets booted.
Like Nevada, New Hampshire has a quick divorce turnaround time. While this does not always help with the alimony, it does give a failed marriage finality, faster. Then, you can move on with your life.
New Hampshire doesn’t just look at the usual things (earnings, children, education, etc.) but also each spouse’s earning potential outside the marriage.
Fault weighs heavily there, too, as does each spouse’s contributions to their joint properties.
The thorough examination is based on need and not a predetermined formula that might unfairly hurt the paying spouse.
In Alabama, the paying partner’s economic conditions are considered and weighed against the other spouse’s financial needs.
Alimony is ordered on a time frame, and ends:
- Upon the death of either the payer or recipient,
- When the recipient remarries, or
- If the recipient moves in with a new mate
Cohabitation is important because (as you will see below) it means the receiving spouse cannot get away with receiving alimony payments for years while living with a new partner.
Delaware has some factors judges use to determine whether alimony is paid, and for how long.
Alimony is awarded for half the length of a marriage in cases where the divorce comes less than 20 years after the wedding date.
After the 20-year mark, however, it can go on for life.
By far one of the simplest systems in the country!
Kansas says alimony can last for a maximum of 121 months after the divorce. But, the awardee can apply for, and be granted, an additional 121 months in payments. This only happens in rare cases, though.
Tennessee is committed to rehabilitative spousal support.They encourage job training and education.
That doesn’t mean judges will not order alimony to provide long-term support. It just means that spouses cannot receive money without genuine need.
Alimony awards ordered not to exceed the length of the marriage. Also, they stop spousal support upon cohabitation and remarriage. What guy wants to pay an ex to live with some new guy?
The Worst Alimony States for Men
While California was the first state to offer no-fault divorces, they are also one of the most expensive states in the country when it comes to court-ordered support after divorce.
Randall M. Kessler, chairman of the American Bar Association’s Section on Family Law, told Alan Farnham of ABC News,
“Child support in California is typically 10 times what it is…in Georgia or Nevada.”
For that reason alone, California, you made it onto the list of nastiest states for alimony in the country.
This state’s laws allow scorned spouses to bring suit against their former partner’s new lover.
Talk about holding a grudge!
Meet the second state to coddle grudge holders! Hell hath no wrath like legislators in New Mexico andMississippi!
Here, too, a scorned partner can legally sue their former spouse’s new lover for damages. Potentially, a non-guilty party can be held responsible for someone else’s failed marriage. Love to meet the jilted lover who created that law!
New York is one of the slowest states to reform their alimony laws. They held out on legalizing no-fault divorces until 2010. The delay cost litigants thousands of dollars in wasted fees.
That is the heart of the matter. New York has not made it easy for men seeking divorce to move on with their lives.
Colorado does not care if one or the other party to divorce can adequately support themselves.
Instead, they use a formula they call “temporary.” It takes 40% of the higher income deducted by 50% of the lower income. It is not based on financial reality. This “temporary” formula often becomes the long-term, more permanent formula.
Furthermore, Colorado is a community-property state. That means all property is divided equally. So, you could lose half of your property and assets. And then, still pay out 40% of your income.
Imagine getting divorced three times!? Does that mean you owe 120% of your income to your ex?
The best way to sum up Florida’s messed up alimony policies is through the story of Debbie Israel.
The 47-year-old college math teacher from Miami refuses to marry her fiancé because of the state’s alimony for life laws. Once they get married, she will have to give a percentage of her wages to her would-be husband’s ex-wife as part of his household, permanently.
Yep, this makes Florida one of the nastiest states for alimony in the country.
They almost didn’t make the nasty list. Their laws regarding marital misconduct ensure no adulterer, convicted felon, or spouse deserter gets awarded alimony.
But they do allow for the ordering of permanent spousal support. Were it not for that, they’d be on the nice list.
The Garden State probably represents a lot of disheartening news for many spouses. They’re one of the last remaining states where permanent alimony is a possibility. While the system is equitable, permanent is not a sound way to set up alimony for couples who were only together for a few years.
Vermont & Connecticut:
I know I’m going all broken record here, but the thought of paying alimony in perpetuity stinks! It is with that thought in mind that I welcome Vermont and Connecticut to the list of nastiest states for alimony.
They round out the list of the worst 10 for that particular reason.
Residing in the right state is not a Get out of Jail Free, alimony card. However, it can significantly reduce your expenses over time.
While many of us can’t just pack up and move to a different state whenever we want, even if for more favorable alimony environment, we can have influence over the working situation in our home. The key reason for alimony across the country is to provide support while a non-working spouse re-enters the workforce. If both spouses work throughout the marriage, or definitely the years before the divorce, the alimony claims reduce significantly.
Alimony laws in this country ultimately vary from state to state. Pay attention (Now!) to the laws in your state before you get married. Make sure you will not get the screw when (and if) you divorce.
Make sure you’re with someone with whom you want to spend your life. Being sure is a much better alternative to being sorry.
How did your state shape up? Let us know your thoughts in the comment section below.
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Most people believe strangers are responsible for the majority of childhood abductions, but national statistics say parental kidnapping is more often to blame. A family abduction occurs when a family member, likely a separated or divorced parent, takes and hides a child for some length of time. This heartbreaking and devastating crime occurs more than 200,000 times each year.
Childhood kidnapping is usually driven out of anger, frustration, abandonment and desperation. Often, emotions overwhelm personal judgment and sound reasoning. And in custody disputes, this often leads to one parent losing their child to parental kidnapping.
Often cited reasons for parental abduction include:
- Forced interaction or a reconciliation with the parent left-behind
- Spite or punishment against the other parent
- Fear of losing custody or visitation rights with the child
- Protecting the child from the other parent who is perceived to molest, abuse, or neglect the child
Are You at Risk of Losing Your Child to Parental Kidnapping?
There are often subtle and obvious warning signs of a pending abduction. The most common signals your child may be in danger of parental kidnapping include:
- Threatened abduction or attempted abduction in the past
- Suspected abuse supported by family and friends
- Paranoid delusion or severely sociopathic behavior
- Your spouse/ex has alien citizenship (in a foreign country) and may potentially flee the US
- Your spouse/ex feels alienated from or fears the legal system, and has family or social support in another community or abroad
- Your spouse/ex has no strong ties to your child’s home state
- Your spouse/ex has no job or is not financially tied to the area
- Your spouse/ex is planning to quit a job, sell a home, or close bank accounts
- Your spouse/ex applies for passports, or obtains copies of school or medical records
Pay close attention to these any and all of these potential signs and contact the family court and/or your attorney for assistance. Any direct threat of parental kidnapping must be taken seriously. The family court and law enforcement authorities should be contacted immediately if you feel your child is in grave danger.
Parental Kidnapping is a Serious Crime
Both parents are entitled to equal rights and access to a child unless an order specifically limits one parent’s rights or access to their child. Before a divorce or child custody suit is filed, either parent can take their child and maintain custody of them.
Once a custody order is in place, each parent must abide by it. If a parent without legal custody of their child violates a custody order and snatches or conceals a child, they may be potentially charged with parental kidnapping.
The taking of a child is considered kidnapping by looking at three main factors:
- The legal status of the offending parent
- Any existing court orders regarding custody
- The intent of the abducting parent
Parental abduction often violates many federal and state laws, and if parental abduction occurs, contact law enforcement immediately. As enraged as you may be, don’t take the law into your own hands. Let experienced officers use the justice system to help you locate and bring home your child. You should also contact your family law attorney, and if the where abouts of your child are unknown, consider hiring a private investigator to locate your child and to focus dedicated resources on the case.
State Kidnapping Laws
Laws vary by state, but generally parental kidnapping involves a suspect abducting a child and holding them in a location they won’t likely be found. Some states laws maintain a parent cannot keep a child more than 24 hours with the intent to conceal them. In some states, just the unlawful retention of a child is sufficient for a charge of parental kidnapping; the use of force or a weapon is not required in all states to support the criminal charge of parental kidnapping. However, many state also include a defense for any parent attempting to protect their child from real threats.
Preventing Family Abductions
Custody battles are frustrating and can be infuriating, and child abductions are not uncommon. To keep your children safe, consider following these recommendations:
- Start any child custody process immediately upon learning of your impending separation/divorce (as you need a custody order to prove your rights)
- Impose visitation restrictions, such as supervised visits, if there is imminent danger of parental abduction
- Include parental kidnapping prevention measures in the custody order such as having both parents post bonds. This will serve as a deterrent, and if the child is abducted by your spouse/ex, the money helps you with costs of recovery. For further information visit the Professional Bail Agents of the United States at www.pbus.com.
- Maintain a certified copy of the custody order at your home.
- Document any abduction threats and report them immediately to your family court and/or attorney.
- Contact the police to intervene and alert your spouse/ex of the consequences of child abduction.
- File certified copies of your child’s custody order with their schools, healthcare providers, daycare, sitters, etc. Make sure it’s known not to release your child to the non-custodial parent without your permission and demand to be notified if an attempt is made.
- Keep a record of all physical descriptive information on your child and your spouse/ex, including height and weight, hair and eye color and any distinguishing marks, and maintain current photos (6 months). List social security numbers, license plate numbers, vehicle information, and other identifiable data.
- Obtain a passport for your child, and let authorities know your child cannot leave the country without your written authorization – see the U.S. Department of State for more information.
Although it may be difficult to do, maintaining a friendly connection to the your spouse’s/ex’s family may be beneficial. It could help you avoid the trauma of family abduction, and in the event of a kidnapping, you may need their support to bring your child home safely.
What Else You Can Do
Keeping your children safe also requires open communication between you and your child. Ensure your children know as much information as possible including their full name, your full name, and full addresses and phone numbers. Make sure they know how and when to call you, and how and when to contact 911 services.
Most of all, make sure your child feels loved. Convey a message – without mentioning, or accusing the your spouse/ex of being a potential threat, and that you will always love them, look out for them and will do anything and everything to be with them.
Losing your child to parent kidnapping is gut wrenching and heartbreaking not only for you but also for your child. Fortunately, laws exist to help you get your children back. Should you ever lose your child due to parental kidnapping, turn to the criminal justice system and law enforcement for help.
Should you have any questions specific to your child custody or visitation case, or if you would like help enforcing a child custody order, contact a divorce attorney or a Father’s Rights attorney in your area for help.
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