St. Louis County & Midwest Family Law Blog

The division of marital property can be one of the most contentious aspects of a divorce, and for good reason. The outcome of this matter often sets the stage for one's post-divorce finances, which means that a poorly negotiated divorce settlement or improperly handled litigation of the matter can lead to long-term financial strife. This is why it is often advisable for Midwesterners who are considering divorce to work closely with a legal advocate who can help them advance their position and secure a firm financial foundation for their life post-divorce.

This help may be especially useful when a business is involved in a divorce. Generally speaking, there are three ways a business can be dealt with through the marriage dissolution process. The first way is for one spouse to keep the business by buying out the other spouse. Although the spouse who plans to buy out the other spouse may not have enough cash up front to settle the matter, a divorce agreement can specify payments to be made over time or more lopsided division of other assets to even things out.

Child custody and visitation can be two of the most hotly contested family law issues. When parents split, each often has a different idea about how to raise a child and what actions further that child's best interests. Disputes may arise with regard to a parent's activities, such as domestic violence and substance abuse, and financial consideration may also come into play.

Another common issue that arises is parental relocation. In today's mobile society, it's not uncommon for individuals to regularly move to be closer to family, secure new job opportunities or acquire new life experiences. When that move involves a child who is subject to a custody order, though, moving isn't as easy as packing up and hitting the road. Instead, notice must be given to the child's noncustodial parent. If, after 60 days, the noncustodial parent fails to file an objection to relocation, then the move can occur.

We've devoted a little bit of time on this blog to discussing child support. Child support can include many expenses, from day-to-day living costs to extracurricular activities and medical expenses. Although the state implements guidelines that serve as a starting point for child support considerations, the circumstances often justify a deviation from those recommendations. Of course, the facts of each case are often disputable, which could have a profound impact on a child support obligation.

These arguments are not just powerful on the front end of child support disputes, either. Instead, as we discussed recently on the blog, child support modification can be warranted if an individual's circumstances change substantially. So, a lost job, the onset of a medical condition or an increase in a child's needs may all warrant a child support modification.

Child support often plays a significant role in marriage dissolutions. After all, the outcome of this issue can result in serious financial ramifications. For custodial parents, a favorable resolution can ease the financial strain of raising a child alone. For noncustodial parents, an overwhelming child support obligation can be a financial death knell. With so much on the line, Midwesterners sometimes find themselves aggressively fighting over this issue. Yet, even once a child support order is in place, life changes may warrant a child support modification.

Generally speaking, child support can be modified when there has been a change in circumstances. For example, if a noncustodial parent loses his job, then his lack of income or decreased income, if he finds a lower paying job, may justify a change in a child support obligation. There are two sides to every coin, though, so a support obligation may be increased if a noncustodial parent obtains a higher paying job. Other justifications for child support modification may include the sudden onset of a child's or parent's medical condition and a change in childcare costs.