Child and Family Law Issues Arising From Divorce

Walking away from a marriage doesn’t allow you to walk away from your other obligations: to your former spouse, and to your children. Families are viewed as cooperative units in a legal sense – the mother and father work together to provide and raise the children. Whether that entails one person in full time paid employment and the other on childcare duties, or a rotation of both, the long lasting impacts of divorce on the family situation require special legal remedies and particular circumstantial provisions.

Most people believe that the process of divorce severs all ties with their former spouse. But did you know that many jurisdictions impose a discretionary alimentary allowance? That is to say, where on spouse has formerly been dependent on the income and financial support of the other, the divorce shall not prejudice his or her position by denying the right to an alimentary allowance from the spouse. The remedy? A discretionary periodical payment from the former bread winner – even after divorce.

Divorce Checklist #1 –

Were you the bread winner? Did your spouse have no employment of his or her own? >>> You may owe an alimentary obligation, at the discretion of the court depending on your jurisdiction

Likewise your kids are still your responsibility – even after the dust has settled on your marriage. Depending on your income the amount you will be required to pay will vary. As a rule, most jurisdictions work on either roughly 20% of your income or a fixed amount payable per child over a certain earnings threshold. If your child is under 16, 18 or 21 depending on jurisdiction, you might also have to pay up for their upkeep.

Divorce Checklist #2 –

Did you have children with your former spouse? Are they still under 16, 18 or 21 depending on jurisdiction? You may be liable to pay for the upkeep of your child/children, variable up to as much as 20% of your salary in certain areas. Consult your attorney for more details on your potential obligations.

However, remember that both spouses will usually have a right to maintain contact with their children following divorce, which can be forced through the courts if necessary. If you do choose the legal route for your access, however, make sure intimation of proceedings to the child is dispensed with as part of the legal craving to avoid any ill feeling or damage to your paternal or maternal bond.