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Showing posts with the label Family Attorney Lake of the Ozarks

Your Ex Violated Your Custody Agreement. Now What?

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Custody agreements are court-ordered arrangements that dictate how divorced parents shall share the responsibility of raising their children. Since most parents understandably want to spend as much time with their children as possible, being awarded substantial time in the custody agreement is often a top priority for parents in the middle of a divorce. Once the custody agreement is in place, it is important that both parents abide by the limitations and boundaries it presents. Unfortunately, not all parents do. This week, our family attorneys at the Lake of the Ozarks are here to examine what happens when one parent violates a custody arrangement. What Constitutes A Violation Of A Custody Agreement? Before we can discuss the consequences of violating a custody agreement, we must clarify what counts as a legitimate violation of said agreement. Just because a certain behavior is frustrating or inconsiderate (such as your ex being half an hour late to your child's schedul...

How Much Child Support Are You Entitled To?

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If you're like most parents facing divorce, securing sole or joint custody will be a top priority. Obtaining custody is only part of the battle.  O nce you have resolv ed custody of your children, you must deal with the financial part to support your children. In some cases, child support may be ordered to help cover the costs of raising children. Our Lake of the Ozarks family attorneys are here to help you get a general understanding of how child support orders work and how to determine how much support you are entitled to. How Does Child Support Work? Simply put, child support is a court-issued order designed to help distribute the cost of raising children between parents who are not together.  If one parent is awarded sole custo dy or a majority of the parenting time , that parent will li kely shoulder the financial burden of raising children on a day-to-day basis. In order to help offset these costs, the court may order the non-custodial parent to provide "chil...

What Is An Annulment?

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Marriage is more than a verbal promise of a lifetime commitment between partners. Marriage is a legally binding contract, one with specific conditions that must be met in order for it to be considered valid. If a couple wishes to separate, they must generally undergo the divorce process in order to formalize their legal separation. In some cases, couples may be eligible for an annulment instead of a divorce. Annulments are only allowable under very specific circumstances, however, and as such they are quite rare. Keep reading to learn more about annulments and their specifications, courtesy of our family attorneys in Camdenton MO . What Is An Annulment? Simply put, an annulment is a legal order that ends a marriage. Unlike divorce, however, an annulment dissolves a marriage so completely that legally, it is deemed to have never even existed. Most marriages are willingly and knowingly entered into by persons with the authority and capacity to make their own decisions, and thu...

Am I Entitled To Spousal Support?

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It is up to each married couple how they wish to divide responsibilities such as raising children, earning income, and maintaining the household. No matter how they choose to divide these responsibilities, however, the underlying expectation is that m arried couples will work together to support and balance each other. When a marriage ends, each of the spouses is expected to support him/herself individually. For some people, this is easier said than done. Keep reading to learn more about the resources that are available to people in this situation, courtesy of the team at Phillips, McElyea, Carpenter, & Welch, P.C . Understanding Spousal Support Spousal support, alimony, and spousal maintenance are all terms used to refer to payments someone extends to his/her ex-spouse after their marriage has ended. Maintenance laws exist to protect lower-earning spouses who may otherwise be unable to support themselves after getting divorced. It is not always the case that a higher-earn...

7 Advantages of a Prenuptial Agreement

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Getting married is a major stepping stone. Not only is it a promise to spend the rest of your life with someone, it is a promise to become legally tied to that person. For those couples lucky enough to be happily married for years to come, becoming legally bound is not an issue at all. Unfortunately, approximately half of all married couples end up filing for divorce at some point. In these instances, undoing that legal tie can become a significant challenge. If you are getting married in the near future, the attorneys at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help you ensure that your interests are protected. Prenuptial Agreements Help Guard Against The Unknown It is often challenging to predict which marriages will "live happily ever after" and which will end in divorce. Since it is impossible to predict how your marriage will progress over the years, it is wise to protect yourself from possible negative outcomes. Drafting ...

Premarital Agreements 101

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Valentine's Day is just around the corner, and love is definitely in the air! This is the time of year when tons of couples are getting engaged and eagerly planning their weddings. Every bride and groom thinks about planning the venue, the guest list, and the ceremony, but there's another important (and much less well-known) step to be taken before the big day: establishing the premarital agreement. The team at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help you gain a better understanding of premarital agreements and why they are an important step to take before saying "I do." Premarital Agreements - Their Basic Purpose and Definition Premarital agreements (also called prenuptial agreements or "prenups" for short) is a legal contract couples enter into before their weddings. This agreement legally establishes how finances, property, and other assets will be divided in the event of a divorce or death of one...