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Periodically, I will post helpful information. My posts are searchable by category, and shared out of a desire to assist you with legal concerns. I invite your comments!
– Curtis W. Daugherty
March 2016
Your life is about to fall under intense scrutiny, not just from the courts but from well-meaning friends and family members. With that in mind, I’d like to offer these three directives:
Don’t Use Drugs or Excessive Alcohol. This may seem like a no-brainer, but going through a divorce can be a painful experience, and it’s not uncommon for people to “numb” their feelings. If you do, YOU will be the one that does something regrettable. If you should slip up in this area, for heaven’s sake stay off the internet and your cell phone, which leads me to the following piece of advice.
Don’t Send Nasty Text Messages, E-Mails or Voice Mails. Angry messaging can come back to bite you. Sending a text or email with all the things you want to say about your Ex in a moment of anger is just handing them ammunition, and they WILL use it against you in court.
Don’t Listen to the Advice of Friends and Family About What You Should Get or Give in a Divorce. Every divorce is different and what happened or worked in one doesn’t necessarily happen or work in another. With an attorney on your side, you have someone who has been through this more than once or twice, who is not involved in your situation, and who is looking out for YOUR best interest.
Create a Rainy Day Fund.
Keep some cash somewhere safe that you can use for emergencies. Divorce equals Expensive. You’re going to need it.
Consider the Tax Implications of Your Divorce.
Your tax situation is about to change. Consult an accountant or CPA and find out how it’s going to effect your tax obligations. You might save yourself an expensive surprise.
Update Your Legal Documents.
Do you want your Ex to use that power of attorney you signed years ago to take out a loan on the house or to remove money from your retirement account? Do you want your Ex to make the decision on whether or not life saving measures should be taken if you have a serious medical condition? Do you want your Ex to receive all your assets if you pass away just before the divorce becomes final? These can be avoided, but only if you plan ahead.
1. Don’t Incur Debt in Your Ex’s Name. Your Ex is going to know that they didn’t buy that thing you’ve always wanted or apply for that credit card. Why give your Ex something to use against you in court? Your Ex will wind up with whatever you bought and you’ll have to pay for it.
2. Don’t Increase Your Debt. Your financial situation is about to change…dramatically. There is no guarantee what the court will do and no guarantee that the child or spousal support will come through. This is a time to be conservative with your money.
3. Don’t Make Large Purchases. It’s hard to argue that you can’t afford to pay child or spousal support, day care expenses or whatever if you just bought a new car, boat, motorcycle, jewelry, clothes or whatever.
1. Don’t Hide Things From Your Attorney. Attorneys can deal with the facts they know about, both good and bad. But if you fail to tell your attorney about everything that your Ex might bring up to try to use against you, then you are setting your attorney up for failure, injuring your credibility with the Court and hurting your chances of getting what you want.
2. Don’t Dispose of Assets You Know Your Ex is Going to Request or Know About. Don’t take the tax return or any other assets your Ex are going to know about and expect to get away with it. It will cost you in the end.
3. Don’t Fail to Keep a Copy of All Communications With Your Soon To Be Ex. When your Ex gets upset and send you an angry or threatening text or email, keep a copy and give it to your attorney. They can be used to show the court your Ex’s lack of control. But they can also be used in negotiations to help you get one of the things that are most important to you.
February 2016
Father did not “unfriend” Mother on Facebook after they separated. After Father lied to the Court by claiming he was earning less than he really was, we downloaded pictures Father posted of himself flashing cash and used those pictures to prove that Father was not truthful with the Court. This destroyed Father’s credibility and helped us show that Father was earning more money than he claimed which we used to convince the Court to deny Father’s request for Child and Spousal Support and order Father to pay Child Support to Mother.
My client’s ex was an absentee father. As soon as his newest girlfriend was in the picture, he tried to get more time with his child to impress the new girlfriend. It is worth noting that gaining more time with the child would also reduce the amount of his child support, giving him more money to spend on his new girlfriend.
The mother came to us for help. Fortunately, she kept good notes. We were able to show the court that:
• The father was not following the current visitation schedule
• The father routinely tried to dictate terms and conditions of visitation.
• The father responded childishly when the mother refused to agree to his last-minute demands for changes in the visitation schedule.
Once we presented the father’s behavior to the court, we were able to:
• Block his attempts to get his visitation extended.
• Eliminate visitations that Father was not exercising.
• Eliminate visitations in which the father routinely returned the child after the child’s bedtime on school nights.
• Get further conditions placed on his visitations.
In addition, we convinced the court to require the father to pay $1,000 toward the mother’s attorney fees for his failure to meet and confer.