Montgomery Family Law Blog

Unique problems women face during divorce

On behalf of Jones, Hawkins, & Associates, LLC posted in divorce on Wednesday, December 4, 2019.

Men and women in Alabama face challenges when going through a divorce. However, the challenges that women face during the divorce process can be different than those faced by men. This may be due in part to differences in the median income level between women and men. Women in the United States make, on average, 81% of what men make. However, in a divorce, women are awarded custody nearly 90% of the time in the United States.

Understandably, money is the primary concern that women have during a divorce. It is even more worrying to them than issues involving their children. Post-divorce declining income can be difficult for women. Research shows that for many women who work prior to, during and even after divorce, their income can decline by 20%. Conversely, this same study showed that men experience a 30% increase in income after divorce.

Should electronic tablets be part of your custody agreeement?

On behalf of Jones, Hawkins, & Associates, LLC on Tuesday, November 26, 2019.

Parenting is no easy task, to be sure. While your family journey may include joyful times and lots of cherished memories, it can also be challenging to raise children in a modern world. Add divorce to the equation, and you might really have your work cut out to protect your kids' best interests and provide for their needs.

If you're a non-custodial parent, you might worry that the bond you share with your children might not be as strong as it once was when you all lived under the same roof. The good news is that many Alabama parents have found creative ways to keep in close contact with their children after divorce. Such ideas might be helpful in your own situation as well.

Making co-parenting work with a difficult former spouse

On behalf of Jones, Hawkins, & Associates, LLC posted in child custody and visitation on Friday, November 22, 2019.

Co-parenting arrangements have become increasingly popular in Alabama and around the country in recent years because research shows that children are less likely to be traumatized by divorce when both of their parents spend time with them. Children feel safer and more secure when their parents communicate well and work together, but making co-parenting work can be extremely challenging when one of the parents is narcissistic, selfish or still bitter about what transpired during a divorce.

Dealing with a toxic former spouse is rarely easy, but it is necessary when the welfare of children is at stake. Lingering issues often come to a boil during custody exchanges, but discipline, a little planning and remaining focused on what is important is usually enough to avoid conflict. Parents should go into custody exchanges prepared for provocation as allowing themselves to be drawn into an argument sets a poor example for their children.

Tips for effectively caring for an infant

On behalf of Jones, Hawkins, & Associates, LLC posted in child custody and visitation on Thursday, November 7, 2019.

Regardless of how old a child is, both parents generally get to play a role in his or her life. However, when the child is still an infant, there can be a variety of actors that come into play as it relates to creating a visitation schedule. For example, if a mother is still breastfeeding, it may not be possible for a father to have regular overnight visitation. Of course, the parents could agree to use formula in lieu of a mother's milk.

People could also determine that an overnight visitation with the noncustodial parents is ideal for enabling custodial parents to catch up on their sleep. The other parent benefits because it provides more time to bond with his or her child. It is worth noting that courts may not allow or require overnight visits until a son or daughter gets past the infant stage.

Social media evidence is being used in divorce cases

On behalf of Jones, Hawkins, & Associates, LLC posted in divorce on Friday, October 25, 2019.

Social media has a strong influence over almost everything nowadays, including divorce. Alabama residents may be interested in learning about how electronic and social media evidence plays a role in modern divorces.

One study showed that there is a direct connection between how happy a person's marriage is and his or her's social media use. The study showed that using social networking sites negatively correlated with happiness in a marriage, and it positively corresponded with a person considering a divorce and experiencing trouble in his or her marriage.

Buying out a spouse's share of the home in a divorce

On behalf of Jones, Hawkins, & Associates, LLC posted in divorce on Tuesday, October 8, 2019.

Couples in Alabama who are going through a divorce might own a home together. They will need to decide what they will do with it. One person might want to keep the home instead of selling it.

They will need to hire at least one appraiser. The best case scenario is an appraiser they both agree upon, but in some cases, it might be necessary for each person to have an appraiser. If the appraisers come up with very different values for the home, a third party may need to be hired to resolve it. The home's value and the mortgage help determine how much equity each person has in it.

Divorce brings unexpected changes

On behalf of Jones, Hawkins, & Associates, LLC on Tuesday, October 1, 2019.

Divorce can be a difficult time, even when both people want the split. There are so many changes that people going through divorce experience that it can feel overwhelming at times. Although many people have experienced it, divorce can feel very isolating.

Though most people realize that divorce generally alters several facets of a person's life, there are some changes people say they didn't predict. Being prepared might make the experience easier to manage. If you're thinking about divorcing here in Alabama, there are several ways your life could change.

Parents of both genders may struggle with family law matters

On behalf of Jones, Hawkins, & Associates, LLC posted in child custody and visitation on Tuesday, September 24, 2019.

Alabama parents can find it difficult to raise their children after ending their marriages. However, many claim that the legal system doesn't make it any easier to be a good parent. One man claimed that he owed $680,000 in child support that was to be repaid at an interest rate of 9%. While the man was a doctor, he was fired from his medical practice and makes only $100 a month.

As a result of being behind on child support, he had to file for bankruptcy and also spent time in jail. In the United States, 80% of custodial parents are mothers, which means that they tend to be a child's primary caregiver. Therefore, it is often fathers who are trying to gain more parenting time or other access to their sons or daughters. However, it can be difficult for noncustodial parents of either gender to get the parenting time or rights that they want.

Changed circumstances might call for child support modification

On behalf of Jones, Hawkins, & Associates, LLC posted in child support issues on Monday, September 9, 2019.

The Census Bureau reported that there were more than 5 million parents nationwide who were owed child support payments in 2015. In many cases, the parent who is behind on payments cannot afford to make them. Parents who owe child support they cannot afford to pay should begin by contacting an Alabama Child Support Enforcement Office to see about a modification of the relevant child support order.

The initial child support order determined the payment amounts based on the noncustodial parent's assets, financial obligations and income. The amount of child support payments can be changed in situations where a parent has experienced a change in circumstances. Either parent can make a request for modification. Some of the changes that may qualify for a modification include significant changes in income level, losing a job, incurring medical expenses or increased costs of child-rearing as the child gets older.

Fathers accused of abuse may still win child custody

On behalf of Jones, Hawkins, & Associates, LLC posted in child custody and visitation on Tuesday, August 27, 2019.

Alabama parents may be interested in learning that some research points to the fact that fathers are favored in child custody battles, even when the father has been accused of or has been proven to have engaged in abuse. Some believe that this happens because of long-held beliefs by psychologists, judges, and attorneys regarding the prevalence or pervasiveness of parental alienation.

Parental alienation is an idea that rose to popularity in the 1980's. Basically, the theory is that a child can be pushed to hate or be ambivalent toward one of their parents by the other parent. The theory gained popularity to the point where many considered it to be gospel truth.