Which Divorced Parent Should Pay for Summer Camp?

With the summer months fast approaching, children will be heading to summer camp to make new friends and learn new crafts. Although that can be fun for most children, for those who are dealing with parents in the process of divorce, there can be an added complication taking place behind the scenes: who is going to pay for the trip.

Either parent or both can pay for camp so long as the two agree to that arrangement either at the time or as part of the divorce settlement. If the two former spouses have a positive and cordial relationship, it should be easy for the two to negotiate a payment plan. If the two do not have a positive working relationship and nothing was discussed previously, it might come down to a judge making the decision for the couple.

When a situation arises that calls for a re-negotiation of a divorce settlement or the addition of a new provision, a spouse should bring in an experienced divorce lawyer who knows the legal steps to amend a settlement.

Which Parent Decides if the Child Goes to Summer Camp?

The responsibility of the child falls to both parents after a divorce as outlined in the couple’s parenting plan. The plan outlines several decisions regarding the child, including medical care, education, and religion. It is in this plan where the couple should lay out the provision for the child’s summer as part of the arrangement for education. If they fail to do so, they might have to re-visit the plan.

As for where the child will reside, Alabama wants the minor child to have frequent and continuing contact with both parents after the divorce. The arrangement pertaining to where the child will live full time can be determined by the parenting plan.

In Alabama, the child custody arrangement is divided into two parts: the residence and the visitation. Even if the child spends equal time with both parents, one must be assigned as the residence for purposes of determining school district and other residency requirements. The only restriction for this parent is they must remain within a 60-mile radius of the other parent. They cannot move out of that range without the consent of both parents. They can move within that 60-mile range whenever they wish.

Alabama law encourages the parents to work together and incorporate flexibility into their parenting plan. The schedule for visitation should be woven into that plan and include holidays, vacations, and summer camp.

What are My Options for Negotiating Camp Tuition?

The parenting plan is designed to be a blueprint for how the parents will raise their children going forward. It should lay out the plan that will cover the child’s education and who will cover various expenses. If summer camp is an activity the child enjoys or they anticipate it as an option, the parents should include that in their plan with details on who will pay for it.

However, not every scenario can be anticipated, nor can every circumstance be foreseen. A child could be very young when the divorce happens, or a parent’s employment situation could change. There is also the possibility that in all the negotiating for everything else, the thought of summer camp slipped everyone’s mind.

In those instances, the best opportunity is for the couple to informally sit down and negotiate a plan to send their child to summer camp. This is the easiest and least controversial. It does not have to involve the court system or any other formal situation. This works best if the couple maintained an open and working relationship for the benefit of their child.

How Do I Deal with an Uncooperative Spouse?

There will be instances when the couple has failed to anticipate summer camp as part of their parenting plan, and they may not have the most cordial relationship. Speaking directly to the former spouse should be the first option; however, if that fails, a parent can take the other to court to compel them to assist in the tuition.

A parent can seek increased child support payments for the months that the child will be in summer camp. This strategy is most successful when the parent sending their child to camp can argue that it is a necessary or work-related expense. In other words, they need to send the child to camp because they are working, and sending the child to camp is in the best interest of the child.

In addition, if a parent is paying their regular child support payments and elects to pay for the tuition, they can seek a temporary pause to the child care payments from the court while they are paying the tuition. However, they should not stop making those child payments on their own without the consent of the court, or risk a contempt charge. That charge could carry serious punishments, including jail time, and have an adverse impact on future contact with the child.

Finally, if a parent has decided, for whatever reason, that they are going to send their child to summer camp, they must notify the other parent. Regardless of whether the other parent will approve, they must be informed of the decision. Alabama courts do not look kindly on those parents who make these decisions without first consulting the other parent. Failing to inform the other parent ahead of time will lessen the chances of the court obtaining any additional compensation from the other parent for tuition.

When Should I Speak to My Ex-Spouse About Summer Camp?

Having the conversation with an ex-spouse about the prospect of summer camp should take place as soon as possible. A spouse will know the relationship they have with their ex-spouse and the likelihood of them agreeing to help pay for the tuition. The parent should be prepared to front the money for the tuition in case they have to wait for an obstinate ex-spouse or for the courts to render its decision on the matter. Regardless, the best interests of the child should be of paramount concern to both parents and the court.

Huntsville Divorce Lawyers at Hodges Trial Lawyers, P.C. Ensure that Your Ex-Spouse Fulfills Their Financial Commitments

The specter of your divorce may always linger, especially when you are trying to make important decisions for your children. It can be difficult especially if your ex-spouse is failing to meet their financial obligations. If you are having a difficult time getting your ex-spouse to help with expenses, the Huntsville divorce lawyers at Hodges Trial Lawyers, P.C. will work with you to find a legal solution to your problem. For a free consultation, call us at 256-539-3110 or 888-539-3110, or contact us online. Our Athens and Huntsville, Alabama, offices represent clients throughout North Alabama, including Madison County, Limestone County, Marshall County, Jackson County, Morgan County, and Lauderdale County.

What is Marital Property Distribution?

Marriage is more than just a beautiful wedding and happily ever after. Getting married comes with the joint responsibility of sharing one’s assets with their partner. Marital assets include real estate property and money earned during the marriage. Many may wonder what happens to this joint property when spouses go through a divorce. The answer to this question is that each spouse is entitled to half of the shared assets unless they agree on some other way of distributing the marital property. However, this is often on a case-by-case basis. Spouses who are getting a divorce are encouraged to contact an experienced divorce lawyer. A divorce lawyer can help to ensure that the marital property is distributed evenly and fairly between the two spouses.

What is Considered a Marital Asset?

A marital asset differs from a separate asset. A separate asset is an asset that an individual owns by themselves outside of their marriage. This often includes money made or property owned prior to getting married. Property may also be considered separate even during marriage if an individual only gave it to one of the two spouses. Finally, property may also be considered separate if one of the spouses inherited it from a friend or family member.

On the other hand, a marital asset is something that two spouses own together in their marriage. This often includes the family home, family vehicle, or other joint property. The money that a spouse earns during the marriage is also considered marital property. It is important to identify what property is considered marital versus what is considered separate early on in the divorce process. This is because marital property is eligible for distribution between the two spouses, whereas each individual can keep their separate property.

One should note that there is some separate property that can turn into marital property after some time. This depends on the circumstances; however, there are a few common examples of this. One example is when a person re-titles their home to include their spouse as a co–owner. Since the spouse now partially owns the house, they are entitled to half of the property after a divorce. Another example is if a spouse deposits their inheritance into a joint bank account.

It is also important to note that a house acquired during a marriage is still considered marital property, even if one of the spouses is not listed as a co-owner. Spouses are also entitled to their partner’s 401K during a divorce. The general rule is that if the property was acquired during the time of the marriage, it is usually considered marital property. However, those looking to get a more personalized opinion should contact a lawyer for advice.

How can I Protect My Marital Assets During a Divorce?

During a divorce, some spouses try to hide their marital assets to avoid splitting it evenly with their husband or wife. They may fail to report additional employment on their taxes, open a secret bank account, or sell marital property without their spouse’s consent. When a spouse hides marital assets, this forces the other spouse to miss out on their fair share of the assets.

When an individual thinks that their spouse is hiding marital assets, they should take action. One way to prevent a spouse from hiding marital assets is to ensure that both spouses are listed as the co-owner on any marital property. It is crucial that any transfer of marital assets requires both spouses’ signatures before being approved. This can help to prevent one spouse from transferring property during a divorce.

In order to prevent a spouse from hiding marital assets, individuals should frequently look at bank statements. This can give a person some insight into what their spouse is up to. For instance, if an individual starts to frequently withdraw cash from the ATM machine or if money seems to just be disappearing, this may be a good sign that a partner is attempting to hide their marital assets. Those who believe that their partner is trying to hide assets should contact a lawyer immediately. A lawyer can help ensure that their client’s assets are protected.

What Should I Do with My Joint Bank Account During a Divorce?

Many individuals are told that either they should avoid using their joint bank accounts during a divorce or that they should take out their half. However, experts suggest that spouses should simply use the accounts as usual. This can help to prevent any distrust between the spouses. Therefore, when a certain bill is due that is usually paid from a joint account, the individual can simply allow it to come out of that joint account as usual.

How is Property Divided During a Divorce?

In Alabama, marital property is divided through a method called equitable distribution. This means that the division of marital assets is not always 50/50. Instead, some individuals are awarded a greater percentage of the marital property for one reason or another. However, it is important to note that these laws are enforced only when two spouses are unable to reach an agreement in the division of their marital assets. Therefore, it is beneficial for an individual to talk to their spouse before the marital property distribution process.

The court establishes fair division of marital property by looking at certain variables, including the financial standing and earning potential of each spouse, the value of the property, the amount each spouse contributed, any prenuptial agreements, and other factors.

Huntsville Divorce Lawyers at Hodges Trial Lawyers, P.C. Help Protect an Individual’s Marital Property During a Divorce

If you or a loved one are interested in divorcing a spouse, you need to contact the Huntsville divorce lawyers at Hodges Trial Lawyers, P.C. A divorce is often both an emotional and financial burden on a family. Our lawyers work tirelessly to help alleviate the burden of divorce on the spouses and their family by ensuring that our clients get their fair share of the marital property. For a free consultation, call us at 256-539-3110 or 888-539-3110, or contact us online. Our Athens and Huntsville, Alabama, offices represent clients throughout North Alabama, including Madison County, Limestone County, Marshall County, Jackson County, Morgan County, and Lauderdale County.

What are Legal Differences Between Divorce and Separation?

When a marriage is in trouble, a couple can decide to try to work things out. They may also agree to live apart or to divorce. Although this sounds like a simple choice, it is usually far from simple. Both the decision to live separate lives and taking the steps to carry out that decision can be complex and involve a degree of doubt and uncertainty.

Choosing to live apart or to seek a divorce involve differing degrees of permanence and different steps. Each has its own advantages and disadvantages. Before a couple makes decisions on separation or divorce, it is important to understand the differences and likely consequences.

Those considering ending their marriage are urged to contact an experienced divorce lawyer for assistance in the process.

What is a Trial Separation?

If a couple is unsure of how they would like to proceed, they may decide to live apart for a while before making a decision that is irreversible. This is often referred to as a trial separation and does not involve the courts. Details of who pays which bills, where any children will stay, and how they will be taken care of, are all decided by the spouses.

A trial separation involves a shared commitment to leave options open while handling all the existing financial and other responsibilities. This involves trust, good communication, and will work only if the spouses are essentially in agreement as to how the practical aspects of life will be handled during the trial period. Although a trial separation may have some legal implications later, there is no legal mechanism to make the terms enforceable beyond mutual agreement of the parties.

A trial separation can be financially risky. Financial decisions made by one spouse will bind both. Incurring excessive debt, making risky investments, and purchasing expensive items, even if made without the other spouse’s knowledge or consent, will be the financial responsibility of both parties. If there are concerns about terms of the separation being honored, a trial separation may not be the best choice.

What is a Legal Separation?

In a legal separation, the spouses are free to live separate lives. It is more formal than a trial separation and involves entering into a separation agreement that is filed with a court and becomes part of a court record. The agreement provides details on how the separation is to be achieved. It divides property, assigns debt obligations, defines arrangements for caring for children including custody and child support, defines terms of alimony, and ends the financial connection between spouses. The agreement is filed with the court and becomes enforceable.

Legal separations have some flexibility. If conditions change, the couple is permitted to petition a court to modify the terms of their separation. They can also choose to transition the separation into a divorce, also by application to a court. It is also possible to reunite at any time.

Divorce

In a divorce, a marriage is terminated through a legal proceeding. Both legal separations and divorces involve negotiating an agreement on all matters of finances and child care and must be filed with the court. Once filed, the agreement becomes mandatory and enforceable. The time and cost of these proceedings are about the same.

When Does a Legal Separation Make More Sense than Divorce?

A major consideration for couples is whether they believe there is still a chance that they could work things out. Although reversing a legal separation does involve seeking court approval and incurring additional legal costs, it is still possible. Once a couple get divorced, there is no going back.

Another consideration is religious beliefs. Some religions discourage or outright prohibit divorce, and individuals who subscribe to these religions may want to leave their spouse but not their church or their community. A legal separation can achieve this end.

Other considerations make getting a legal separation more beneficial than divorce are based on maintaining certain financial benefits and security that are not available after divorce. A legal separation enables one spouse to remain eligible for health insurance coverage from the other spouse’s job. It also allows for the spouses to continue to file taxes jointly, which in some cases results in an overall tax benefit.

Another consideration is that spouses are entitled to certain Social Security and/or military benefits after being married for at least 10 years. A legal separation allows accrual of time married so that the spouse can become eligible for the benefits.

The right to inherit property is also retained in a legal separation, although there can be ways to limit these rights through other legal instruments. In addition, earnings or acquisition of property after legal separation is considered by a court to be separate property if there are future divorce proceedings.

When Does Divorce Make More Sense than a Legal Separation?

When there is certainty that no reconciliation is possible and/or welcome, divorce is usually the better option. Filing for a legal separation and then a divorce will incur more costs and can stir up issues that had previously been resolved. If financial circumstances change, that could be the basis for having to renegotiate terms, which can become costly, upsetting, and time consuming.

Another consideration is the ability and desire to make a more complete break. Spouses who are legally separated still retain some rights and responsibilities regarding each other. There may be a need later to make medical or financial decisions for each other because they are still considered next of kin. These issues no longer exist after divorce.

Divorce enables the parties to get remarried. This is not possible after a legal separation, since the couple is still considered married under the law.

Not all states permit legal separations. It is best to check with an experienced divorce lawyer before proceeding with either a legal separation or a divorce to fully understand the options and ensure the path chosen provides the more beneficial outcomes.

How Do I Seek a Legal Separation in Alabama?

The state of Alabama does allow legal separations. Couples need to file a request, or petition, to the court for an intervention that demonstrates the following:

  • One or both spouses have been residents of Alabama for at least six months
  • At least one of the spouses wants to live separate from the other
  • Grounds for the request

Grounds for separation involve showing that the marriage has failed to the extent at which it is no longer possible to cohabitate or that there is a fundamental incompatibility between the spouses.

Huntsville Divorce Lawyers at Hodges Trial Lawyers, P.C. Represent Clients Seeking Divorce or Legal Separation

Marriage difficulties can seem insurmountable. The experienced Huntsville divorce lawyers at Hodges Trial Lawyers, P.C. help our clients work through the pros and cons of their options with a focus on protecting their future, including considerations regarding financial stability and the best interests of children of the marriage. For an initial consultation, call us at 256-539-3110 or 888-539-3110, or contact us online. Our Athens and Huntsville, Alabama, offices represent clients throughout North Alabama, including Madison County, Limestone County, Marshall County, Jackson County, Morgan County, and Lauderdale County.