Divorce

How Will I Be Able To Support My Children And Myself?

When you are going through a divorce, you want to know that you will be okay and that your children will be okay. One of the most concerning issues for most clients is financial support. Whether you need spousal support or child support — or both — Justin Raber Attorney at Law can work with you to address your financial concerns.

 

The Factors Addressed In Determining Child Support

Child support is awarded to a parent after a custody and visitation determination has been made, whether temporary or permanent. The idea behind child support is an acknowledgment that parents are obligated to financially support their children with their basic needs such as housing, food and other basic necessities. Above and beyond basic necessities, additional issues that are related to child support may include extracurricular activities or school fees and tuition.

In West Virginia, the courts use a statutory formula for determining child support. Factors that are considered include the number of children, parties’ income, other child support obligations, spousal support and day care costs. Getting the advice from an attorney to help you work through these factors is critical to making sure you receive or pay an appropriate amount of child support. For example, income from self-employed individuals or business owners can be complex and vary significantly depending on your perspective.

 

How Spousal Support Is Determined

In a divorce proceeding, one of the most concerning issues is spousal support, also known as alimony. Both parties — whether the spouse requesting support or the spouse paying support — want to know that they will be able to support themselves after the divorce. Many factors also play into the two-part test to determine spousal maintenance.

Some of the factors considered include the length of the marriage, the time out of the workforce, property division, ability to become self-supporting, ability to pay, disability, contribution to the marital estate and standard of living among others. Spousal support is not determined as part of a formula and therefore having an experienced family lawyer is important to pursuing a just outcome.

At Justin Raber Attorney at Law, we are committed to protecting our clients’ custody rights and visitation rights. We know that of all the issues in your divorce or your breakup, the well-being of your children is at the top of the priority list. Just as no child is the same, no family or custody case is the same. We work collaboratively with clients to make sure that a resolution works for their family and for them. Our custody and visitation lawyers will carefully explain the process and the potential outcomes, which are dependent on your individual circumstances.

 

What Is In The Best Interests Of Your Children?

A custody issue may arise as part of a divorce, out of a paternity case or after the breakup of an unmarried couple. Regardless of how a custody action begins, the issues are the same.

Child custody decisions are made based on what is in the best interests of the children. The court looks at a variety of factors surrounding the stability of the child, continuing existing parent-child relationships, and protecting the child’s physical and emotional safety.

Custody decisions can take many forms. Parents may share custody equally, or one parent may have primary physical custody — the residential parent —- while the other has visitation. It is rare for one parent to have sole physical custody.

Once custody and visitation are determined, the issue of child support can be decided. We can help explain how that is calculated and what factors may impact that amount.

 

We Can Help You Get Through A Divorce

Divorce changes everything.

A romantic relationship is coming to an end, your income and assets are divided, and your relationships with your children will be redefined. At Justin Raber Attorney at Law, in St. Marys, West Virginia, we understand how stressful and emotional divorce can be. Our lawyers are here to guide you through, every step of the way.

 

The Divorce Process

When you first consider a divorce, the idea can be scary. You probably have questions about the process, such as — what happens before your divorce is final? Will I be able to support myself? Will my children be okay? Our attorneys are adept at addressing these questions and concerns and making sure you understand what will happen as the matter progresses.

Initially, you may be able to reach a temporary agreement or get a temporary order from the court which addresses spousal support, parenting time, child support or attorney fees. If domestic violence is an issue in your marriage, then a protective order may be appropriate and temporary issues may be resolved as part of that proceeding.

In every divorce, there will be a few main issues of contention. Usually these issues include child custody, financial support and property division. Our divorce lawyers assist clients by evaluating their case and developing an approach considering both their circumstances and objectives.

Understanding Property Division

In West Virginia, all marital property — the “marital estate” — is divided based on the principle of equitable distribution. This does not mean assets are divided 50-50, but instead are divided based on what is most fair.

The court begins its analysis assuming an equal division will be made, but can alter that plan based on the following factors:

  • Each party’s contribution to the marriage, including income earned, and homemaker and child care services
  • Whether one spouse increased the other’s income earning abilities, such as providing support during schooling or training
  • Whether one spouse acted in a manner that resulted in a decrease to the marital property
Oftentimes, a divorce involves family-owned businesses and real estate. Our attorneys are skilled in a wide range of legal areas. We have the experience and knowledge to handle every aspect of your divorce, no matter how complex.

When Circumstances Change, We Can Help

Modifications & Enforcement: When you first resolve your divorce it can feel satisfying to move forward. You may have carefully considered your custody arrangement and parenting time schedule thinking you have it all figured out. But what happens if your circumstances change?

When drafting an agreement in a family law proceeding, the parties, the judge and the attorneys work hard to make sure the order outlines all the major issues. Most agreements even include what will happen if circumstances change and what method the parties will use to resolve the issues, such as mediation.

However, few orders predict exactly what is to come down the road. One or both of the parties may remarry, you may change jobs and income, you may need to change custody, the children may have an interest in time-consuming extracurricular activities or a party may want to move. When you encounter a change in circumstances, you need the advice of a skilled lawyer to help guide you through modifying your order.

 

We Can Pursue Enforcement Of Court Orders

In some cases, nothing has changed since the entry of the order but the other party will not comply with the order. In circumstances of noncompliance or outright disobedience of an order, we can help pursue contempt motions and other appropriate action to get the party to abide by the terms of your order.

Often post-decree issues come up with child support or other financial obligations. However, other issues regarding transfer of property, custody or visitation may also be present. At Justin Raber Attorney at Law, we can help you evaluate the appropriate strategy that fits your circumstances.