2024 Standard Protections for Spouses of Medicaid Applicants

Senior man touches the shoulder of his senior wife who is in a wheelchair.Each fall, the Centers for Medicare & Medicaid Services (CMS) renews the federal guidelines that seek to protect individuals whose spouses are applying for or receiving Medicaid long-term care benefits.

These protections, known as the Spousal Impoverishment Standards, help to support the financial well-being of seniors who continue residing at home while their spouse on Medicaid lives in a long-term care facility, such as a nursing home.

Qualifying for Medicaid Long-Term Care Benefits

Long-term care is prohibitively expensive for many, so a large share of adults aged 65 and older rely on Medicaid to help cover the costs.

To qualify for Medicaid long-term care benefits, however, one must generally have very limited resources. In most states, the asset limit is set at $2,000. (Certain assets, such as personal belongings and the applicant’s primary residence, do not count toward this limit.) The applicant’s income typically goes to the nursing home as well, with some exceptions.

So, what happens if a person who qualifies for Medicaid long-term care is married? How can their healthy spouse afford to remain on their own at home? This is where the Spousal Impoverishment guidelines help.

2024 Spousal Impoverishment Figures

Note that most of the latest figures, outlined below, will go into effect January 1, 2024.

Community Spouse Resource Allowance (CSRA)

A spouse who continues living at home while their partner receives long-term care coverage through Medicaid can keep up to $154,140 in assets starting in 2024.

The healthy spouse, or so-called “community spouse” then has a minimum amount of assets to live on without rendering their Medicaid spouse ineligible for benefits. This special protection is known as the Community Spouse Resource Allowance (CSRA). The maximum CSRA generally rises each year; in 2023, it was $148,630.

Meanwhile, according to federal law, no state can set the minimum CSRA below $30,828 as of 2024.

Monthly Maintenance Needs Allowance (MMNA)

In addition to CSRA, the federal government offers another level of protection for the community spouse: the Monthly Maintenance Needs Allowance (MMNA).

The MMNA ensures that the healthy spouse who continues to live in the couple’s home maintains a certain amount of monthly income while their partner receives their Medicaid long-term care coverage. (Learn more about the ins and outs of MMNA.)

In 2024, the maximum MMNA will be $3,853.50 (up from $3,715.50 in 2023). Again, this is the most in monthly income that the community spouse can keep while their spouse lives in a long-term care institution. If the healthy spouse does not make enough income to live on, this allowance comes from the income of the spouse on Medicaid.

Note that the minimum MMNA for 2024 can vary depending on your state. Alaska and Hawaii typically have slightly higher minimums. The federal government updates the minimum MMNA each July.

A Note on Income Cap States

Certain states have in place a Medicaid income cap. If you reside in one of these income cap states, you will not qualify for Medicaid if your income equals more than $2,829 (in 2024) – unless you have a certain type of trust in place. This trust, known to many as a Miller Trust, must hold any income you receive that is above that cap.

As of 2023, the 23 income cap states are Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, New Jersey, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, and Wyoming.

Although, Louisiana is technically a cap state, generally that type of trust is not required due to some other regulations available. Please consult with a  Louisiana Elder Law Attorney to make sure that the regulations and their exceptions can be used to give you and your family the maximum benefits and odds at eligibilty. 

Home Equity Limits

As mentioned above, Medicaid does not consider the primary home of an applicant as a countable asset, unless the applicant’s equity interest in their home is above a certain amount.

Your home equity equals your home’s value minus the sum of any loans you owe on the home. In 2024, the home equity limit is set to $713,000. (Some states choose to raise this limit to $1,071,000.)

Work With an Elder Law Attorney

Planning for Medicaid and navigating the Medicaid application process can be daunting.  Contact Ruston, Louisiana Elder Law attorney Add Goff at 318-255-1760 or info@GoffandGoffAttorneys.com. 

Access the 2024 Spousal Impoverishment Rules via the Medicaid website.

14 Essential Questions to Ask Aging Parents This Holiday

Senior woman prepares dough for holiday meal with adult daughter.About 45 percent of adults say they plan to travel for the holidays, per The Vacationer.

With multiple generations getting together for holiday meals, gift exchanges and quality time, these annual gatherings present an opportunity to broach sensitive but important topics with your aging loved ones. By communicating with them and knowing their wishes, you can help them plan for their future.

Key Considerations in Aging

Understanding how the older adults in your life feel about certain issues – such as where they want to live and what kind of care they would like to receive as they continue to age – can help you provide appropriate support. Having these discussions can also help your loved ones reflect on their goals and consider making plans before there is a crisis.

If your family member still needs to meet with an estate planner, you can also suggest taking this step. Connect them with a qualified elder law or estate planning attorney in their area.

According to Caring.com’s 2023 Wills and Estate Planning Survey, two out of three Americans have yet to make an estate plan and do not have any estate planning documents. Such documents can include a will, power of attorney, portable medical order, or advance directive. Barriers to estate planning include procrastination and not believing one has enough assets.

Yet, while we often think of estate planning as making wills and determining who receives assets, it is an integral part of preparing for old age. It encompasses housing and long-term care, financial planning, medical care, and insurance. Creating an estate plan involves making decisions about how people would like to live and receive care as they age.

Most people could benefit from this type of planning (no matter what their age). Talking with your loved ones can be an initial step to help them develop a plan that preserves their autonomy in old age.

What to Discuss With Your Older Loved Ones

As the holidays get underway, prompt your family members to start thinking about their future. You may encourage them to consider the following topics and questions.

Housing Options

AARP reports that 77 percent of adults 50 and older want to age in place instead of moving into senior living. Yet remaining at home poses safety concerns for many families, according to the National Institute on Aging.

Older adults may eventually need help with activities of daily living (ADLs), household tasks, mobility, meals, health care, and transportation. Families may be able to provide caregiving or explore in-home services. Others may choose assisted living.

The following questions may help to spark meaningful discussions between you and your aging loved ones.

  1. Where do they want to live? Do they want to live at home as they get older, or would they prefer to reside in a senior living community?
  2. If they would like to stay at home, is the residence adaptable to any potential mobility difficulties they may face down the road?
  3. What kind of additional support might they need?
  4. Who will help with their activities of daily living and household chores such as preparing meals or cutting the grass?

Health Care Preferences

Health challenges often accompany aging. According to the National Council on Aging, 95 percent of adults 60 and older have at least one chronic condition.

As the seventh leading cause of death worldwide, dementia affects many older adults, per the World Health Organization. The National Institute of Health reports that one in seven Americans age 71 and older have dementia.

Older adults should think about and communicate their health care wishes with their families before an adverse health event occurs. The following questions can help families begin these difficult discussions.

  1. Do they have a power of attorney or living will, or are they planning to create one?
  2. What would make life continue to be worthwhile for them if they were to become frail, ill, or develop dementia?
  3. Would they want medical care to prolong their life if they have a terminal, incurable illness?
  4. If they fell ill, would they prefer to pass away at home in hospice or in a medical setting?

Personal Values

Having a clear picture of what someone would value most at the end of their life can help families provide support. Erik Erickson’s stage theory of psychosocial development suggests that older adults living in line with their personal values may feel peace, wisdom, and acceptance.

Physical and cognitive decline associated with aging can jeopardize autonomy. This is why knowing your loved ones’ values and wishes can help you more effectively support their independence. They should have a plan in place for end-of-life decisions so that, if necessary, you or another surrogate decision-maker can make choices that reflect their wishes.

These questions present a good starting point.

  1. What does your loved one believe they will come to value most as they grow older?
  2. Is religious or community involvement important?
  3. What do they define as a good life?
  4. What do they feel would be most essential to them in their final years?
  5. What kind of funeral or memorial service would they envision for themselves?
  6. Have they thought about passing certain sentimental items, such as photo albums and jewelry, to certain family members?

Consult With Your Estate Planning Attorney

As you and your loved ones work together to begin addressing these topics, have them consult with your estate planning attorney. They can help create a framework for autonomy in older age, working with the adult to develop a plan.  Estate Planning lawyer Add Goff is here to help. He can be contacted at 318-255-1760 or info@GoffandGoffAttorneys.com. 

4 Tips to Help You Find the Right Family Law Attorney

4 Tips to Help You Find the Right Family Law Attorney

Divorce can be a complicated process, but you don’t have to do it alone- and you shouldn’t. Having a good lawyer on your side is essential when you go through a divorce. But finding the right lawyer can be tricky. Here are 4 tips to help you find the right family law attorney for you:

Do your research.

There are many lawyers, and not all of them are created equal. Finding the right lawyer can take time and effort. You want a specialist who will take your case to trial if necessary.
Look for a true specialist.
In Louisiana, any lawyer can call themselves a specialist. That’s why it’s essential to hire a board-certified family law attorney. A board certification attorney has passed rigorous testing on all aspects of family law (not just the bar exam that all attorneys must take). They have been screened by the bar association’s specialization committee and recommended for certification by other lawyers. Out of over 21,000 licensed attorneys in Louisiana, less than 100 are board certified in family law. So if you’re looking for the best possible representation in your divorce case, hire a board-certified family law attorney. Suppose you’re going through a divorce, custody case, or property division. It is imperative to have a knowledgeable, experienced lawyer on your side when you go through a divorce, custody case, or property division.
Be sure that the lawyer tries cases.
Hiring a lawyer who tries cases is essential to the best divorce case representation. Many lawyers claim to be specialists in family law, but they’ve never tried a lawsuit in court. So how can you be sure that they know what they’re doing?

You need an attorney who knows how to handle themselves in court. They’ll have the knowledge and skills to represent you y before a judge. A detailed understanding of evidence, the law, and trial procedure is necessary to present your case in court effectively. Not all cases need to go to trial. However, having a seasoned trial attorney on your side means they have the clout to negotiate the best possible settlement for you. A reasonable resolution is more likely if your ex’s attorney knows your attorney is not afraid of the courtroom.

So if you’re going through a divorce, hire a board-certified family law attorney with lots of trial experience. You’ll be glad you did.

Ask around

When looking for the best divorce lawyer, it can be helpful to talk to people who have been through a separation, divorce, or child custody case. They can recommend attorneys who may be a good fit for your case or even steer you away from those they had a bad experience with. Ask them what they liked or did not like about their attorney. Did the attorney explain the process to them and answer their questions? Did the attorney over-promise and under-deliver? Were their phone calls returned? Did the attorney take their case to trial or get a reasonable settlement? So don’t be afraid to ask around for advice. You may be surprised at the wealth of information people are willing to share.

Read the Google reviews

Attorney reviews on Google can help you find the right lawyer. Great reviews are helpful, but so are negative reviews. Understand, however, that negative reviews can be fake or written by people who are unhappy with how their case turned out through no fault of the lawyer. We have seen reviews written by people who are not clients and even some written by the client’s ex-spouse. Attorneys cannot always respond to negative reviews. This is because the Rules of Professional Conduct forbid attorneys from revealing confidential information about their clients. So, suppose the client complains the attorney didn’t do their job. In that case, the attorney cannot explain why they could not do the job. Perhaps the client didn’t pay their bill, didn’t follow instructions, didn’t pay their court-ordered child support, failed to obey court orders, hid evidence. . . you get the picture. Take negative reviews with a grain of salt.

Beware of free consultations

Family law is not personal injury, where free consultations are the norm. The initial consultation in a family law case is an important meeting. It is not just a sales meeting or a dog-and-pony show to get you to hire the attorney.
Dealing with a family law issue can make you overwhelmed and confused about what to do next. An attorney can help guide you through the process, and the initial consultation is the first step. The attorney will ask you many questions to better understand your situation and make a plan to help you achieve your goals. You and the attorney will explore options and determine if you can work together. The attorney will also explain the process to you and answer any questions. Be prepared to have an honest dialogue with the attorney so that they can best advise and represent you.

When the attorney meets with you, they will learn confidential information about your situation. After that, they should not meet with your ex, even if you don’t hire them to handle your case. So be sure to budget for this expense. It is well worth the cost to get the guidance of a qualified professional.

After the initial consultation, you should better know your rights and what can and cannot be done.

Ready to move forward?

Contact us today if you’re looking for a top-rated family law attorney in Louisiana. Shelley Goff is a board-certified family law specialist. She has 33 years of experience and knowledge to guide you through your legal situation quickly and efficiently.

At Goff and Goff Attorneys, we understand the challenges of family law. We are here to help you every step of the way, and our goal is to provide you with the information and support you need to make the best decisions for yourself and your children. With these 4 tips to help you find the right law attorney , you’ll be ready in no time. You deserve quality legal representation during this challenging time. We are committed to providing our clients with the highest service possible. Contact us today to schedule a paid consultation, and let us help you start the next chapter of your life.

Get the legal help you need. Contact Goff and Goff Attorneys today! 📞 (318) 255-1760 https://calendly.com/goffandgoffattorneys

Which Child Gets the Farm?

Imagine a pair of aging parents that have been farmers and own their farm. Now, though, they’re getting on in years and they’re considering moving into a smaller place. One of the daughters and her husband help run the farm, but the rest of the siblings have moved away and they aren’t interested in returning. It’s now time to think about how the farm legacy should be worked out.

The first order of business is to plan the finances so the parents can enjoy a comfortable standard of living in their later years. They may need long-term care in the future, so they should consult an elder-law attorney about how to plan most effectively. If they don’t plan, they could lose the farm later to a lien, to reimburse the government if they end up needing Medicaid assistance.

Elder law attorneys can also advise about how to avoid problems if a parent re-marries after the first one passes. There’s no telling what can happen to the family property when one spouse is left lonely and finds someone else. Sometimes the results are terrible for family harmony.

Next, it’s necessary to allocate the value of the farm among all the children, so that each child is accounted for once the parents pass. This is by no means an easy process. For a transition plan to be successful, a great deal of planning, preparation, and communication is needed.

Here, it’s best to do some research. There are a host of useful publications that can guide the exploration. Kansas State University provides a twelve-step analysis of questions to be answered.

Farm Bureau Financial Services offers several detailed guides covering various aspects of the planning process.

The Beginning Farmers website is loaded with links to farm-succession courses, blogs, toolkits, farm management advice, and cooperative extension assistance in various states.

For real-life success stories, consult the Successful Farming website, here

https://www.agriculture.com/farm-management/estate-planning/passing-down-the-farm-strategies-ideas-and-real-life-solutions

and here

https://www.agriculture.com/farm-management/estate-planning/tips-on-designing-a-farm-succession-plan

When you’re ready to start planning for your farm and other valuable property, we’ll be ready to help. Please contact our Ruston, LA office by calling us at (318) 255-1760 or schedule an appointment to discuss how we can help with your long-term care needs.

Are Divorce Rates Up Because of COVID -19?

Are divorce rates up because of Covid? The answer depends on who you ask.

Some experts report an increase.

The National Law Journal reports that divorce inquiries were up  34% by April of 2020. Mostly couples married less than five years.  And marriages that were already rocky are pushed over the edge. Shelter-in-place, homeschooling, and arguments about parenting increased the stressors on already troubled relationships.  Add financial stress and boredom, and nerves get raw.   As a result, the Journal believes there will be an increase of 10% to 20% in the second half of 2020. https://www.natlawreview.com/article/divorce-rates-and-covid-19

On the other hand, some experts report a decline.

In contrast,  professor Brad Wilcox, believes divorce rates have actually fallen. He credits the decrease to two likely factors.  First, it was hard to file for divorce when the courts were closed.  Second, in some marriages, hardship makes the relationship stronger. Couples developed a new appreciation for each other.  Couples who live the “we before me” rather than the “me first” lifestyle Wilcox talks about in his book “We Before Me”  have a better chance of surviving. https://news.virginia.edu/content/qa-professor-sets-record-straight-2020-divorce-rate

What is reality?  Are divorce rates up because of Covid-19?

What is reality? Are divorce filings up because of Covid? Goff and Goff has seen an increase in inquiries over the last several months. It became easier to file once the shelter-in-place order was lifted. Until then, most court proceedings were on hold resulting in less filing. As a result divorce filings historically spread over many months, are now happening in a compressed timeframe.    Only time will tell if the stresses of COVID kills more marriages.  Right now, there doesn’t seem to be a real increase in North Louisiana.  At least not yet.

If you and your spouse are on each other’s last nerve, get professional help.  Marriage counseling can be very effective and it is always worth a try.   Also, check out Dr. Wilcox’s book “We Before Me” (coming soon).

If you have a question about divorce call us at 318-255-1760, email us at info@goffandgoffattorneys.com  or  visit our online appointment scheduler to book a consultation.  We’re here to help!

Planning for Your Special Needs Child with a Letter of Intent

Give your family continuity and comfort by writing a letter of intent (LOI) for your special needs child. As a parent, the most valuable asset your child has is you and your ability to care for them. You, like no other, fully understand the nuances of your child’s coping mechanisms and what can trigger adverse outcomes. A letter of intent is meant to convey these broad personality traits as well as practical details of your child’s life so that in your absence, another family member or caretaker can make sound decisions about your child’s forward care. Don’t think a letter of intent is something to write when you get older. Parents of all ages with special needs children should have a letter of intent, review it annually, and update its contents if appropriate. Accidents and illness that may befall you are as prevalent a need to have a letter of intent as is your eventual death.

What is a Letter of Intent?

Though an LOI is not a legal document, it is one of the most important documents a parent can prepare for the future well-being of their special needs child. The letter plays a central role in your child’s special needs plan by putting your perspective on the details of their life. You can begin your letter by identifying the categories you want to address and then filling in details. There are templates of LOI available on the internet, and you might want to use one as a starting point for your letter if you feel overwhelmed and need some structure to begin.

The letter’s purpose is to guide a trustee, family member, or guardian tasked with the care of your dependent child. You will need to sort through feelings and expectations as well as noting people, places, and services that relate to your child. You may want to spend a week taking notes throughout your day as you interact with your child to think through some of the broader issues, documenting how you feel about your child and their future. The Special Needs Alliance has identified some excellent categories to include in your letter of intent. Each category can be found in the boldface type.

Letter of Intent: Family History

Outlining your family history is an excellent place to begin. When and where you were born and raised. If you are married, describe when and how you met. Include anecdotes about your grandparents, brothers and sisters, other relatives and special friends. Incorporate when and where your child was born and raised. List their siblings, and who was particularly special to them. Don’t overlook special family pets that may have a significant impact on your child. Recount fond memories, favorite times, and feelings about your child. Provide contact information for family members and friends. Follow the family history section with a general overview, summarizing your child’s life to the present and your thoughts and hopes about how you envision your child’s future.

Letter of Intent: Daily Schedule

Next, provide the details of your child’s daily schedule to give context to their caregiver. What are the best ways to communicate with your child and how to best manage their behaviors? Do they have hot button words that should be avoided? Who are your child’s teachers, aides, bus drivers, social service providers, or employers? Be as descriptive as possible about your child’s favorite activities and events and also include what your child doesn’t like. Some children love to rake leaves but get frustrated when tasked with folding the laundry, and these details are useful for future caregivers.

Letter of Intent: Assistant with Personal Care

Does your child require assistance with personal care? What size clothing do they wear? What are their personality traits? Do they participate in social activities? What upsets your child? What situations are best to avoid? How do you want a guardian to discuss your death or incapacity? These are some of the questions you can answer in your letter of intent. You can detail your child’s food likes and dislikes, including any allergies they may have. Did you make your child a special birthday cake? What are your traditional family holiday menus? Compile recipes or describe any specific way food should be prepared or served. Remember that some foods can affect the medications that your child may take.

Letter of Intent: Medical Care

Next, broach the topic of medical care. Include the detail of your child’s specific disability(s), medical history, and include the medical history of immediate family members. Name all medications your child takes and describe how they are administered and for what purpose they are given. Include any allergies your child may have. Provide a list of their current doctors, therapists, hospitals, and clinics. Include how often your child has medical and therapy appointments and describe the purposes of and goals for these sessions. List all of your child’s current health insurance information. If your child has medical records that can be retrieved online, provide the accounts username, password, and any other relevant data.

Letter of Intent: Education

If your child is still in school, describe their educational life. What have their experiences been, and what do you desire for their future education? Note what school your child attends and what schools would you like your child to attend in the future. Does the school provide specialized services to your child? Does your child participate in extracurricular activities? Address your wishes regarding the type of education you prefer they receive, such as vocational or academic. If there are specific programs or teachers, you want to be involved in your child’s overall life plan, name them, and provide contact information.

Letter of Intent: Employment

If your child is employed or you hope them to be in the future, describe how you envision their employment. What types of work and work environments would be beneficial to your child?

Letter of Intent: Government Benefits

List all government benefits your child receives. These benefits may include Medicaid, Medicare, Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Supplemental Nutrition Assistance Program (SNAP, aka food stamps), and any housing assistance. Provide your child and both parents Social Security numbers. Give agency contact information, your child’s case numbers, and discuss the recertification process of each benefit. Include all reporting requirements and important dates so that benefits do not lapse. Provide copies of financial documents.

Letter of Intent: Residential & Social Environment

How do you imagine your child’s residential environment? Is it your plan for your child to remain with family, friends, or will there be an organization tasked with their living situation? If your child is unable to stay with the family, what is your hope for an alternative living environment? If they are placed in a group home, would you like it to be in your current community? Should the living arrangements be in a smaller or larger setting? Does your child want to live alone or have roommates?

What type of social environment does your child prefer? Do they enjoy sports, movies, or video games? Can your child be given spending money, and how have they fared handling cash in the past? Does your child travel to visit family or take vacations? With whom do they travel most successfully and happily? Include a description of your child’s religious environment. Does your child routinely attend services? What church, synagogue, or mosque do they frequent? What local clergy might know your family and your child?

What are your desires for your child’s final arrangements? Does your child have a will and any advance directives? Where are these legal documents? Have you planned for a funeral, burial or cremation, cemetery, gravestone, or religious service? Is there someone specific you prefer to officiate the ceremony?

As your letter of intent takes shape, you might realize there is other information you want to share to provide the best guidance to the person who will care for your child. In your annual review of your LOI, you may find some passages unnecessary as your child grows up. You may want to include new detail as your child’s personality develops. Think of it as a living document to be edited, added to, whatever you think will serve your child’s interests best. Put your letter of intent with your other relevant legal and personal documents. Writing a letter of intent can be a very emotional experience and a difficult document to write because you must think about how your child will live in the world without you, their parent. Approach this letter as a gift to your child and their future. You know your child better than anyone else. Even in your absence, you can still help to guide their future life, hopes, and dreams.

We help families create legal plans for loved ones with special needs. If you would like to discuss your particular needs, please don’t hesitate to reach out. Contact our office by calling us at (318) 255-1760 and schedule an appointment to discuss how we can help you with your special needs planning.

Destructive Myths About Divorce Litigation

Don’t make these mistakes when thinking about your divorce litigation

  1. Don’t try to win at any cost.    Divorce litigation brings out the worse in many people.  Winning at any costs usually means you pay more than the outcome is worth just for revenge.  After 29 years of litigating divorces, we can attest to to the fact that neither side “wins.”  Litigating out of principle usually means you spend a lot of money trying to make yourself happy, and end up unhappy anyway.
  2. If you are stubborn, you can control of the outcome.  Setting your feet in stone and refusing to budge usually does not get you the win you thought it would.  A fair settlement is one where both parties walk away without getting everything they wanted.  If the judge has to decide, both parties usually lose more than they would have had they simply sat down and worked it out.
  3. You made all the money and she stayed home, so you own all the property.  Louisiana law requires the court to divide debt and assets equally, no matter which spouse paid for the asset or which spouse ran up the bill.  The only exceptions are if the spouse used money from an inheritance or a gift, or money the spouse had before the marriage to purchase the asset.  Therefore, the fact you worked 80 hours a week while your spouse stayed home is irrelevant.
  4. This is all your spouse’s fault.  As the old saying goes “It takes two to tango.”  There is always enough fault to go around.  Calling our your spouses faults and failings will likely get a response from the other side pointing out your faults in graphic detail.
  5. Your concept of fair is not likely to coincide with the law.  See #4 above.
  6. The judge will see it your way.  The judge is charged with following the law.  See #4 above.  If you are fighting over custody of children, the court does not care about you.  It only cares about what it sees as the result that will advance the best interest of the children.  That usually means as much time as possible with each parent, a child support award based on the guidelines, and both of you ordered not to disparage the other in front of the children and to support the child’s relationship with the other parent.

 

Marriage ending? Preplanning can help smooth the way

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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The Pitfalls of the Do It Yourself Divorce Part #4

This post is the fourth post in a series where we alert you to the pitfalls of the Do It Yourself divorce.

Pitfall #4  Letting your spouse hire the attorney.

You decided not to hire an attorney.  Instead you will trust your spouse to hire the attorney to do the paperwork.  After all, you know your spouse will be fair.  Besides this will save a ton of money.

The Risks

That attorney your spouse hired?  He doesn’t represent you.  Your spouse is the client and the attorney owes a loyalty only to your spouse.  The attorney will work to get only what his client, your spouse, wants, not what you want.  That attorney does not have a duty to explain to you the implications of your agreement with your spouse.

Example:  You agree to do something without understanding the repercussions:

You and your spouse bought a home and there is a mortgage payment due every month.  Your spouse files for divorce. You agree to make the house payment while the divorce is pending or until it is sold.    The attorney writes the agreement up saying you make the house payment as spousal support.  You think, no big deal, I agreed to make the house payment, and you sign the agreement.  The court approves the agreement and makes it an order of the court.  Do you see what happened there?  If not, you needed an attorney.  You just cost yourself some money in your property division.

Example:  You don’t know your rights:

Your spouse’s attorney advises them to wait the separation period before filing for a divorce.  You go along with this plan.  You know you can’t get a divorce in Louisiana until you have lived separate and apart for 365 days if you have children.  Its 180 days if you have no children.  So you wait.  In the meantime, your spouse starts galavanting around the world, spending his paycheck on himself, taking trips and generally living it up.  You, on the other hand, are slaving to make ends meet.  He gives you a bit of cash here and there to “help” with the kids.  That’s only fair because he makes 3 times what you make.

As the separation time gets short, things start to go south quickly.  He stops giving you any cash and jets off on a vacation.  Its then that you make an appointment with an attorney.  You find out that he should have been paying you a lot more, enough that you would not have struggled over the past 11 months.  But, those months are gone, and he isn’t going to have to pay retroactive because you had nothing on file at the courthouse.

Avoid The Risk

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests and make sure you know your rights.  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.

 

The Pitfalls of the Do It Yourself Divorce Part #2

This post is the second post in a series where we alert you to the pitfalls of the Do It Yourself divorce.

Pitfall #2  Utilizing forms drafted by non-lawyers.

You may have seen those creative entrepreneurs marketing their divorce document preparation services on social media pages like Facebook.  “Save money!  No attorney needed!  Let me draft your divorce documents for you!”  Just like the problems with internet forms (see Pitfall #1) you risk an invalid divorce if those forms are incorrect. In addition,  forms created by a non-lawyer may not operate the way you thought they were going to, or meet the technical requirements of the statutes.

The Risk

Also, there is much more to a divorce than simply filling out documents and filing them with a court.  You need to know the implications of the documents your sign and file.  Do you understand your rights and obligations under the law?  Are you utilizing the correct process for your situation?  The process your friendly document preparer choses to use may not be the right one for your situation.  And by using one process you may be losing the benefits of another process.

For example, we recently represented a client who had been told to wait to file for divorce until she could utilize the quick process.  By doing so, she lost out on a large sum of money she was entitled as support under the  more complicated process.  She didn’t know because her non-lawyer friend didn’t know.  The money she saved by not getting legal counsel at the beginning of the case is very small in comparison to the amount of money she lost by not utilizing the more “expensive” procedure in the beginning.   Her opportunity is gone and we can’t bring it back.

In another example, a client almost ended up with an invalid divorce because he thought he could “fudge” on some facts.   His non-lawyer preparation person did not understand the importance of the details of the divorce, and nearly caused a disaster.

Non-lawyers Practicing Law

Not only is it risky to use a non-lawyer to draft legal documents, the non-lawyer is practicing law without a license punishable by up to 2 years in prison and a fine.  You have a right to prepare your own legal documents and make your own mistakes. However, a non-lawyer does not have the right to prepare legal documents for you.  If they say they do, they clearly do not understand the law and that should make you hesitate in accepting their help.

Avoid The Risk

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests and make sure your divorce is valid.  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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