Marriage ending? Preplanning can help smooth the way

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One of the most stressful in life is said to be a divorce.  It will not be easy, but pre-planning and taking some steps before you pull the trigger on the divorce will help lower the stress level.

Know what you (both) own and owe.

What you own:

Inventory your assets.  Include bank accounts, investment accounts, retirement accounts, antiques, collections, motor vehicles, real estate, guns, and anything else of real value.  Do not get hung up on household goods and furniture (unless the piece is an antique) as used household goods and furniture have a very small value in the real world.  For each item estimate (do a good faith estimate for now):

  • the value of the asset
  • indicate when the asset was acquired
  • describe what funds were used to acquire the assets, such as were the funds inherited or gifted, or in the possession of either spouse before the marriage
  • determine if there is money owed against the property and if so how much.

It is easier to inventory your assets before you split up.  Make copies of any documentation that backs up your data.

What you owe:

It is a good idea check your credit report.  Like assets, it is easier to determine what you owe before you split.  Running a credit report can be an eye opening experience, especially if your spouse has opened credit accounts without your knowledge and listed you as a creditor.  No, they are not supposed to do that, but it does happen.

Make a list of all of your debts and include:

  • The current balance of the debt
  • What the debt was for
  • The monthly payment on the debt
  • When the debt was incurred.

Be sure to include student loans, including student loans incurred by your spouse during the marriage.  Yep, those may be community debts.

Determine whether your income taxes have been paid up to date.

This can be an ugly surprise if you have let your spouse handle the taxes.  Get copies of your last 5 years income tax returns.  If a return has not been filed, sit down with your accountant pronto and determine how to minimize the damage.  Failure to file and failure to pay can lead to significant penalties and interest.

Copy all of your important papers and keep them in  place that will always be accessible to you.

Keep a copy of all of your important papers in a place outside of your marital residence.  Safe deposit boxes work well.  Be sure to gather:

  • Tax returns
  • Mortgage and loan documents
  • Bank records
  • Titles and deeds
  • Investment and bank account records

If an emergency requires you to walk away in the middle of the night, you won’t have time to scramble around to get your documents.  It may be months before you are able to get copies through the divorce process.

Put aside money for the process.

Divorce can be an expensive project.  Most experienced divorce lawyers will require a substantial retainer before taking on your case.  There are no contingent fee (only pay if we win) cases in family law.  The more complex or bitter the divorce, the more it will cost.  In addition to the attorney fees, there will be court fees and there maybe expert witness fees, appraiser expenses and court reporter fees.

Make a budget.

Two people can live together cheaper than two people living separate.  Assume you will get no funds from your spouse for six months.  How are you going to live pending a court order or resolution?  You will need rent, food, transportation costs, etc.  The last thing you want to do is to have to settle your support or property division on terms that are not fair because you are desperate for money.

Change your passwords and logins.

All of them:

  • Email
  • Social Media
  • Lock screen on your phone
  • Websites
  • Your computer.

While you are at it, back up your hard drive to the cloud, copy the files or make a clone and make sure you will have access to your documents and data if your spouse grabs the computer and runs.

Don’t wait until the last minute to hire a lawyer.

It is good insurance to sit down with an attorney to preplan.  Things to cover with the attorney:

  • Ask them to educate you on what property and debts are divided
  • Have them explain the process to your so you know what to expect when and if you actually proceed
  • Discuss costs and fees so you can plan ahead
  • Be honest with the attorney about the facts and circumstances of the case.  If you are not honest, you may get bad advice because the attorney is unaware of the real facts.

 

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests.  Shelley Goff at Goff and Goff Attorneys has been practicing family law for 28 years.  Call us. We can help you navigate the divorce process as smoothly as possible.  318-255-1760.

 

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They Are Not Just Her Kids

They Are Not Just Her Kids

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Parenting is hard, and it is even harder when a couple breaks up.  Whether it is a friendly breakup or an all out civil war, crafting the custodial arrangement requires a balancing of parental rights with the best interests of the children. If you’re in this sort of situation, she has to understand that they are not just her kids.

Dads are not second class citizens

Louisiana law treats both moms and dads with equal respect and responsibility.  Some of the misguided philosophies we hear are:

  • “my children” versus “our children.”
  • “they will live with me because I am the mom.”
  • “until he pays up on his child support, he will not see the children.”
  • “I will find my children a better dad.”
  • He left me so he also left the children.

Neither parent has an upper hand in Louisiana custody proceedings. Dad’s are just as capable as moms, and just as important.   It is  the best interest of the children that govern the outcome of a custody fight.

When parents cannot agree, the Court has to determine the best interest of the children

How does a judge determine what is in the best interest of the children?  The statutes provide a non-exhaustive list:

• The love, affection, and other emotional ties between each party and the child.

• The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

• The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

• The length of time the child has lived in a  stable, adequate environment, and the desirability of maintaining continuity of that environment

• The permanence, as a family unit, of the existing or proposed custodial home or homes

• The moral fitness of each party, insofar as it affects the welfare of the child.

• The mental and physical health of each party

• The home, school and community history of the child

• The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference

• The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.

• The distance between the respective residences of the parties

• The responsibility for the care and rearing of the child previously exercised by each party.

Children need both parents, before and after a breakup.

Dads are equally equipped to provide the stability and care the court will be looking for.  However, if Dad has not been fulfilling his parental duties while the couple was together, he will have a hard time convincing the court that he is now the better provider.  Dads who want to ensure they are on equal footing with mom in the case of a breakup make sure they are on equal footing in the care of the children before the breakup.  You will only be treated as a second class citizen if you have historically been treating your parental duties as unimportant.

Avoid the risk of loosing time with your kids

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests and make sure your parental rights are protected.  Shelley Goff at Goff and Goff Attorneys has been practicing family law for 28 years.  Call us. We can help you navigate the process as smoothly as possible.  318-255-1760.

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VA Increases Pension Benefit Rates for 2019

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Veterans Pension Benefits have been given a Cost-of-Living-Adjustment for 2019.

Basic Improved Pension Rates for 2019

The Basic Improved Pension is for wartime veterans that are 65 years old or disabled. Based on the veteran’s finances, a single veteran can receive up to $1127 per month or $13,526 annually. A veteran with one dependent receives up to $1476 ($17,233 annually), and a veteran’s widow can receive up to $755 per month ($9,072 annually).

Veterans Housebound Pension Benefits for 2019

If a wartime veteran is eligible for housebound pension benefits, he or she can receive up to $1,378 per month ($16,533 annually). If the veteran has a dependent, then the amount increases to $1,726 per month ($20,723 annually). Widows under this benefit will receive $923 per month ($11,085 annually).

Veterans Aid & Attendance Benefits for 2019

For a wartime veteran to receive the Aid & Attendance level of benefits, he or she must general need assistance with two or more activities of daily living. Once qualified, the single veteran can receive up to $1,880 per month ($22,573 per year). With a dependent, the veteran will be entitled up to $2,230 per month ($26,763 per year). Widows at this level will receive up to $1,209 monthly ($14,507 per year).

Ff we can be of assistance in estate planning regarding your or your loved-one’s eligibility for VA Pension benefits, please give us a call.

Add Goff, VA Accredited Elder Law Attorney.

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