Parenting Tips Revisited

In my last post I offered some steps parents could take to prevent their children from feeling caught in the middle of a divorce. In response to this post, I received a comment from Steven, who raised several insightful issues:

 In response to my suggestion that parents should not “grill” their children, Steven commented:

Doesn't this vary depending on the circumstances?  If there is a good chance of abuse at the other parent's home, having the kid discuss it directly with the other parent may not work well.

Steven is absolutely correct on this point.  If your child tells you the other parent has been physically abusive, you should contact your attorney immediately if you have an attorney.  Otherwise, you should contact The Alaska Network On Domestic Violence And Sexual Assault, which has resources for victims of domestic violence.  Your number one priority should be the safety of your child.

In response to my suggestion that parents should not show children copies of the divorce paperwork, Steven commented:

It seems that the age of the child is also important.  What is the reasoning behind not showing the children the divorce paperwork?  This is probably the most important document affecting the kids' lives and they can't see it? Even if they are 15? 

If parents are fighting over the custody of their children, there may be psychological evaluations, affidavits, or a custody investigator’s report to the court about the placement of the children.  Affidavits, which are drafted by attorneys, frequently contain stinging barbs and accusations.  Psychological evaluations and custody reports may include sensitive information about parents, which if revealed could damage the parent-child relationship.  Finally, in a contested custody case, one of the factors the court must consider is the preference of the child.  To have a parent go through court documents with a child who has expressed a preference to a psychologist or custody investigator to live with the other parent creates a stressful and potentially emotionally damaging situation for the child.

Even if the parents are only fighting about property, the court documents may still reflect ongoing hostility between the parents.  Showing children these court documents does nothing to further the emotional well being of the children.

Finally, parents may have reached an agreement on the division of their property, the custody of the children and child support.  It is certainly reasonable to create a calendar, which shows the custody schedule so that parents and children can plan their activities.  But the actual court documents usually address not only the custody schedule but also the parties’ financial agreements, including how the parents are going to share uncovered medical expenses and how child support is going to be calculated.  The decision to share information about the parents’ financial obligations to each other should be made jointly by the parties.  If one parent unilaterally decides to share this information with the children, that parent may have an agenda, which has nothing to do with the children’s best interests.

Back Child Support and Your IRS Stimulus Check

Back child support is a frequent problem in a divorce case particularly if there is a gap between the date a couple separates and the date one of the spouse's files for divorce.

According to a concise, well-written June 2, 2008 post on Attorney Robert Mue's Ohio Family Law Blog, the IRS is treating the federal economic stimulus payment as a tax refund.  If you owe back child support, the IRS will apply the payment to the amount you owe.  So you may receive a smaller payment or no payment at all.  Quoting Attorney Mue's commentary, the New Hampshire Family Law Blog writes:

So what do you do if you and your spouse have filed a joint return and your spouse owes back child support if you want to avoid having the IRS seize your share? Well, you may fall in the category of what the IRS calls an “injured spouse”. To get your share of the stimulus payment, you can file Form 8379, Injured Spouse Allocation. You will then get your share of these payments, and your spouse’s share will be applied to his or her past-due federal or state income taxes or non-tax federal debt such as student loans and child support.

This is something you should take up with your tax-preparer or divorce attorney if you are concerned that your economic stimulus payment may be seized to pay back child support.

 

 

Know Your Finances: Tips On Steps To Take Before Divorce

A divorce can have a catastrophic impact on a family’s finances. But if you have reason to believe a divorce is looming on your horizon, there are precautionary steps you can take to make sure you know what you own and what you owe. Here are a few suggestions. You might also want to look at CNN's on-line article about planning for a divorce.

  • Run a credit report on yourself.
  • If you track your finances on your computer, make a backup copy of each financial data file.
  • Open a checking account in your name only at a bank or credit union. The account should not be opened at the bank or credit union where you already bank.
  • Apply for a credit card in your own name using an address other than your home address.
  • Make copies of at least 5 years of tax returns, investment account statements, loan applications, and store these copies off-premises with your lawyer or if you do not have a lawyer, store them with a friend or relative.
  • If your spouse manages the family finances on-line and you do not have access to any of the bank or credit card passwords, you could ask your spouse for the passwords. If this is likely to provoke an argument, then you can call your credit card company and/or go to the bank to request copies of account statements.
  • Once you get access to bank statements and credit cards, you should go through them to see if your spouse is transferring money or is taking frequent cash advances.