Tag Archive for: divorce

Adult Children in Your Divorce

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Some struggling couples vow to wait until their children have turned 18 to consider divorce. While divorce might be easier on adult children than it is on young ones, it can still be emotionally challenging to come to terms with. Supporting adult children in divorce can help them make sense of this change and understand that your family is still whole, even if relationships and living situations look different. 

How Much Say Should Your Adult Children Have in the Divorce Process?

Just like any child, adult children should have very little to do with their parents’ divorce. They may have strong opinions about who should keep what property, where you should live, or who is “right” and “wrong” in the divorce. While you can consider their opinions, do your best to maintain emotional distance and boundaries between the divorce process and your kids.

Just because your children are adults does not mean they should be burdened with the emotional struggles of your divorce. Turn to a therapist for support rather than leaning too heavily on your children, who will already be dealing with enough. Also, be mindful about arguing in front of your children, even if you believe they are emotionally mature enough to handle it. 

Supporting Grown Children Through Divorce 

Even adults need time to adjust after their parents’ divorce. Your children may be feeling a range of emotions, such as confusion, anger, anxiety, or all of the above. Offer support when your children need it and give them space when they need time to grieve this loss. 

Many divorced parents strive to maintain a coordinated front, even in the face of their disagreements, to help children understand that they still have a family. Keep disputes to yourselves and try to maintain a sense of normalcy, however you can. That might mean preserving holiday traditions or keeping the family home, if possible. 

Several coping strategies for adult children in divorce can also help. You might talk to your children about practicing self-care, setting clear boundaries with you and their other parent, maintaining good communication, and seeking counseling from a mental health professional if needed. 

Adjusting Estate Plans To Account for Adult Children Post-Divorce

One more consideration, if you have adult children, is that their role in your estate plans might change after the divorce. Your ex-spouse will likely no longer be a beneficiary, which means you may want to include provisions for what property your adult children will receive that previously would have gone to your spouse. 

Meet with an attorney to ensure that your estate plan reflects your wishes and accounts for parent-child relationships after divorce. 

The impact of divorce on adult children is just one of the many challenges that can arise during this process. Karen Ann Ulmer, P.C., helps clients navigate the complexities of divorce while advocating for their rights. Seek legal guidance with family law, estate planning, and more today by calling (866) 349-4117 for a consultation. 

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Is Your Child Having a Hard Time with Your Divorce?

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Realizing that your child is struggling during and after your divorce can be devastating. You wonder how the divorce impacted their mental health and whether you could have done anything differently. Now, the important thing is to focus on how you and your child’s other parent can support them in their struggles. 

Explore considerations for children coping with divorced parents from our legal team. 

Navigating New Health Needs in Children After Divorce

Your child may be facing behavioral or mental struggles due to the stress of the divorce. Or, they may be navigating developmental challenges that would have arisen regardless of your marital status. In either case, begin by determining whether you and your spouse agree or disagree on the diagnosis. 

Sometimes, a parent notices a change in a child that their non-custodial parent doesn’t realize. Sharing your thoughts on the matter and even seeking second opinions if needed can help you stay on the same page as you support your child. 

When one spouse does not agree, they may wonder whether the other parent can force therapy or seek treatment for the child without their consent. The answer depends on the terms of your parenting plan. Your plan should include details about who has decision-making authority for the child, whether that be one or both of you. 

How Do You Divide Therapy or Other Medical Costs? 

Helping kids after separation may involve taking them to therapy or an emotional support group. You and your spouse will need to understand how you will divide the costs of any new medical or support services they require. 

Pennsylvania law generally requires parents to contribute to the child’s financial needs equally. Your child custody and support orders should address this scenario. If not, contact your divorce attorney with questions or to seek updates to the order. 

If one parent does not agree with the new diagnosis or therapy needs, you may face additional challenges splitting the costs or responsibilities associated with this new challenge. Seek legal help to gain clarity around your roles and responsibilities. 

Can You Alter Your Parenting Plan?

Navigating the impact of divorce on your child may require you to adapt your parenting schedule or plans to better accommodate their needs. Your attorney can help you file a petition for modification with the court. 

If you and your child’s other parent agree on the changes and submit a joint proposal for the judge to approve, this process can be relatively fast. If one parent disagrees, you both may need to demonstrate to the judge why the modification is or is not in the child’s best interest. 

You may want to modify the parenting plan to:

  • Include provisions surrounding splitting therapy costs
  • Provide more or less custody to one parent to accommodate the child’s emotional needs
  • Seek sole decision-making responsibility

Knowing how to help struggling children after a divorce in the context of the law and your parenting plan can be challenging. Seek assistance from Karen Ann Ulmer, P.C., to gain clarity around your parenting plan, rights, and responsibilities. Call (866) 349-4117 for a consultation.

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Divorce and Your Health Insurance Options

Divorce may leave you wondering how you will access certain benefits you previously gained through your partner. For example, how will you navigate health insurance without your spousal benefits? Rest assured that you may have several options for securing health insurance after your divorce. 

Exploring your options can help you feel more confident starting the divorce process. Your attorney can also provide valuable advice as you learn to gain financial independence from your spouse. 

Other Options for Seeking Health Insurance

While sharing your spouse’s health insurance benefits may have been convenient during the marriage, this is not your only method of securing health coverage. There are other potential options for health insurance after divorce. 

  • Check with your employer: If you are employed, your employer may offer health insurance benefits. Check with the Human Resources department to understand the insurance options available to you. Divorce counts as a Qualifying Life Event (QLE) for many insurance providers, offering a Special Enrollment Period (SEP) that could allow you to start coverage outside the typical enrollment window. 
  • Explore COBRA coverage: The Consolidated Omnibus Budget Reconciliation Act could allow you to stay on your ex-spouse’s employer-sponsored health insurance for up to 36 months as long as their employer has at least 20 employees. 
  • The Health Insurance Marketplace: If you are not eligible for coverage through an employer, you can explore marketplace insurance, which allows you to purchase coverage directly. Premiums depend on a range of factors, such as your age, health conditions, tobacco use, etc. 

Some couples choose to go through legal separation rather than divorce to maintain benefits like health insurance. While legal separation is not formally recognized in Pennsylvania or New Jersey, it is a lifestyle option to explore if staying on your partner’s health insurance is critical. 

Whose Insurance Will Cover Your Children? 

Divorcing couples also need to consider whose insurance will cover their children. It might make sense for the custodial parent to cover the children through their health insurance plan. This may be different from how you covered them previously. 

The birthday rule dictates which parent’s health insurance acts as primary coverage for the children. It states that the parent whose birthday falls earlier in the year generally uses their insurance as the primary plan for the children. You and your spouse may choose to still follow this method of determining dependent coverage. 

Will There Be a Lapse in Coverage? 

In Pennsylvania, it can be challenging to predict exactly what day your divorce decree will be finalized. It is up to the judge who is overseeing your case.

Setting up insurance to start on the day your shared coverage ends might not be doable. Consider whether there might be a lapse in coverage and whether you want to look for temporary coverage to fill the gap. 

Seek Divorce Assistance From Karen Ann Ulmer, P.C. 

Navigating health insurance after divorce is just one of the many challenges that often arise during this process. Karen Ann Ulmer, P.C., helps divorcees start moving forward. For a confidential consultation, contact us today at (866) 349-4117.

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Entrepreneurs Navigating Divorce: Tips for an Effective Divorce Process

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Dividing marital assets can be challenging in any divorce case. But if you are a business owner, you may be concerned about what percentage of the business your spouse might lay claim to. 

Entrepreneurs navigating divorce need experienced legal counsel to advocate for their rights. Here is what you need to know through this process. 

Is Your Business a Marital Asset? 

Pennsylvania law distinguishes between marital and separate property in a divorce. Marital property includes any assets and debts acquired during the marriage. The court would seek to divide these assets using an equitable distribution policy. 

Your business may be considered a marital asset if you launched it during the marriage. Even if you started it before the marriage, its increase in valuation during the time you were married may be considered a marital asset. 

If you have a prenuptial agreement stating that your business is your property alone, you may not need to be concerned. Otherwise, it will likely be subject to at least partial division. 

Protecting Your Business With No Prenup in Place 

Your attorney will help you strategize ways to protect your business in the absence of a prenuptial agreement. You may consider options such as:

  • Structured buy-outs, in which you buy out your spouse’s interest in the business. This would allow you to retain ownership of the business while compensating your spouse for their share of the business value.
  • Trading assets, or allowing your spouse to keep assets like retirement accounts or home equity in exchange for you keeping the business  

Business Valuation and Tax Implications 

You will need to understand the value of your business when navigating a divorce as an entrepreneur. Several valuation methods are common for this purpose. You might calculate the value of the business’s tangible and intangible assets, estimate its ability to generate earnings or cash flow in the future, or compare it to other, similar companies in the industry that have been sold recently. 

For your divorce, you will need to trace the revenue you received from the business and separate it from personal assets. This can help you avoid commingling your business with other marital assets and potentially losing more of its value in the divorce than you otherwise would. 

Also, consider the potential capital gains or other tax consequences you might face from dividing business interests. Working with forensic accountants and tax professionals can help you approach this process strategically. 

Planning for the Long-Term Potential of Your Business

Courts often consider future earning potential when determining the division of assets in a divorce. If your business is in a position to grow significantly in future years, the court may factor this into its valuation. 

Your attorney can help you address growth projections fairly and accurately during divorce proceedings. 

Going through a divorce as an entrepreneur can be complicated, especially if you have multiple businesses. Our attorneys at Karen Ann Ulmer, P.C., can advocate for your rights during this process. 

Contact us today at (866) 349-4117 for a confidential consultation.

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Seeking Spousal Support for Stay-at-Home Moms

Going through a divorce as a stay-at-home mom can be stress-inducing. How will you afford to stay home and care for your kids without your partner’s income supporting the family? 

Stay-at-home moms often qualify for spousal support or alimony in Bucks County divorce cases. But how much alimony can a stay-at-home mom receive, and how long does this benefit last? Here is what you need to know. 

How Long Do Alimony Payments Continue for Stay-at-Home Parents? 

In Pennsylvania, the court determines the amount and duration of alimony awarded to a stay-at-home parent on a case-by-case basis. A judge would consider the receiving spouse’s financial need and income potential, among many other factors.

However, alimony is often awarded for just three years, which can place financial hardship on stay-at-home parents and seem unfair. Working with an experienced divorce attorney can help you support your need for alimony and seek a fair payment duration. 

How Stay-at-Home Parents Can Prove a Need for Spousal Support

How much alimony you can receive as a stay-at-home mom depends on your financial needs, among other factors. Your divorce attorney can help you support a need for sufficient alimony by presenting a loss of income potential. 

Perhaps you left your career to stay home with the children. Or maybe you never started a career because you had kids at a young age. Your role as a stay-at-home parent can significantly affect your earning potential for some time. You may face challenges finding gainful employment, or you may be unable to work outside the home due to your role as your children’s caretaker. 

Your attorney can help you quantify the value of the care you provide for your children and factor in your loss of income potential to determine a fair spousal support amount. Often, the goal of spousal support is to help the receiving partner maintain a similar standard of living while they pursue financial independence. 

Other Options for Stay-at-Home Parents Facing Financial Dependency in a Divorce

While some marriages lead to a need for permanent spousal support in divorce, the court often prefers to award this benefit only for the amount of time necessary for the recipient to successfully reenter the workforce. Creating a plan for reentry can help you feel more confident facing the financial changes that arise during divorce. 

You might consider:

  • Taking online classes to work toward a degree
  • Seeking career coaching
  • Being open to different types of work that may allow for flexibility with childcare
  • Sharing child custody with your spouse to give you the opportunity to work part-time

In the divorce, you might request that the judge award you more marital assets to help make up for your financial needs. Taking a lump sum in the divorce settlement may sometimes be a good idea to give you a financial cushion. 

Seek Guidance and Support From a Divorce Attorney

At Karen Ann Ulmer, P.C., we often represent stay-at-home parents during the divorce process. We can help you understand how much alimony you might receive and advocate for your rights and interests throughout your divorce case. 

Contact us today at (866) 349-4117 for a confidential consultation.

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Divorcing and Your Spouse Just Spent All the Money

Divorce sometimes provokes adversarial actions in people. If you are going through a divorce and your spouse has intentionally spent a large sum of money from your shared accounts, you might be feeling hurt, betrayed, or angry. Understanding your options can help you navigate this situation and start rebuilding your finances. 

The most important factor here is the date of separation. If you and your spouse agreed to divorce and then they went on a spending spree, your case is much easier to prove.  

Proving Their Financial Behavior

Perhaps your spouse went on a “revenge spending spree” as a way to retaliate against you for initiating a divorce or taking other actions they find unfavorable. Perhaps they gambled away your shared assets or spent a substantial amount of money on a vacation. In any case, the money is gone, and you are likely wondering what steps you can take next. 

Again, we rely on the date of separation – and if your divorce is already filed, then even better.  

Gathering evidence that your spouse intentionally wasted your money is key. Request copies of all financial records showing these activities. For example, your credit card statement will show all the transactions that led to the card being maxed out, along with the dates of each transaction. 

These financial records will help you prove that the overspending was intentional and not part of your family’s normal spending habits. 

Exploring Solutions for Wasteful Spending 

Your divorce attorney can help you explore your options after your spouse intentionally wastes money in your shared accounts or shared assets. They can also petition the court to mandate that your spouse return the funds they spent, and we will work with you to ensure that any available funds are used to compensate you.  

During the divorce proceedings, your attorney can help you request an equitable distribution of assets that accounts for the money spent by your spouse. In some cases, the court may adjust the division of marital assets to reflect one party’s excessive spending. 

Preventing Future Spending and Rebuilding

Taking steps to safeguard your assets can help you prevent your spouse from further unauthorized withdrawals. 

  • Freeze all shared accounts and credit cards to prevent any unauthorized transactions. 
  • Monitor financial activity closely and notify your bank if you suspect any wasteful or extravagant spending by your spouse.
  • Open a separate bank account and start transferring your income into it. Take caution when transferring funds from your existing accounts, as such actions could be scrutinized during your divorce proceedings. 
  • Have our team put clear agreements in place regarding all financial matters as we work to finalize your divorce.  

Divorce has financial implications even when both spouses cooperate fully. You may want to consider taking steps to start rebuilding your financial situation now. For example, you might want to explore a part-time job or a higher-paying career path. It may also be helpful to start calculating whether you can afford major expenses, such as a mortgage or car payments, on your own. 

Turn to Karen Ann Ulmer, P.C., for Assistance 

If your spouse has spent an excessive amount of money from shared accounts, there may be additional challenges to prepare for during the divorce process. Having a legal professional on your side can help you respond to your spouse’s behaviors appropriately while protecting your interests. 

Whether you are encountering a custody battle, alimony disputes, or other elements of a contested divorce, turn to Karen Ann Ulmer, P.C., for assistance. Call (866) 311-4783 to request a consultation. 

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Can You Negotiate Your Divorce Yourself?

When you picture going through a divorce, you may envision you and your spouse each retaining your own attorney and passing much of the responsibility over to these legal professionals. But you may wonder: Can you negotiate your divorce yourself?

Negotiating the division of assets without a legal professional might make sense in certain cases. However, we highly recommend that you have an attorney review your final agreements.  And, if you have any reason to head to court, a Bucks County divorce attorney should be by your side. You want to protect your rights, and with self-representation, you might risk overlooking important legal considerations that could have financial implications. 

Benefits of Negotiating Your Divorce Yourself

For divorcing couples wanting to save money, it can be helpful to make preliminary agreements.  

This may save you a significant amount of time, especially if you and your spouse can reach a consensus fairly quickly.

  • It gives you and your spouse full control over certain outcomes in your divorce case without involving outside parties.
  • It saves you money on attorney’s fees. 

If you and your spouse are filing for an uncontested divorce, meaning you agree on all matters in the divorce case, you might be able to navigate the process without an attorney. 

However, we also caution you to really think through what you are agreeing to. The plan your spouse presents to you might seem equal and fair, but if your spouse had help with it, there may be an imbalance of knowledge or power. 

Potential Downsides of Negotiating Your Own Divorce

Sometimes, a pro se divorce, a divorce in which you represent yourself, could prevent you from achieving a favorable outcome. It could also lead you to overlook potential issues that might cause negative financial consequences. 

For example, perhaps your spouse agrees to give you the family home, but she is going to keep her entire retirement savings, including pension benefits.  

While you may be thrilled with the idea of keeping the home, you would walk away with an asset that requires maintenance, and you would have to ensure you can refinance the mortgage in your name. These details are critical to unpack before you sign on the dotted line.  

Your spouse may also ask that you split any debt, including car loans, student loans, and credit cards. However, we want to make sure that the debt is assigned to the spouse who will hold the asset.  

How a Divorce Attorney Can Assist

Attempting to work through ALL of the agreements on your own may only lead to further tensions and consume more time during your divorce process. With the help of a legal professional, you can use tools like divorce mediation to reach decisions on key issues. 

Your attorney can also find problems in your divorce settlement agreement before you file it. For example, how are you dividing assets? Which party will claim the children as dependents for tax purposes? How long will you or your spouse owe alimony?

Working with a legal professional could help clarify complex issues and streamline the divorce or legal separation process. 

Seek Guidance From Karen Ann Ulmer, P.C.

Can you negotiate your divorce yourself? You can, but we don’t recommend it. Working with an experienced legal professional such as Karen Ann Ulmer, P.C., can help protect your interests, reduce stress, and lead to a better outcome. Contact us today at (866) 311-4783 for a consultation.

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Can You Terminate Alimony?

Being under legal obligation to pay alimony or spousal support can present financial challenges, especially when your circumstances change. You may wonder: Can you terminate alimony?

You may be able to seek an alimony modification or termination if you have a valid reason for doing so. Consult an experienced divorce attorney for assistance navigating this process. 

Is Alimony Permanent? 

Many alimony arrangements are temporary, not permanent. Often, the court awards alimony temporarily to give the receiving spouse time to resolve their financial hardship after the divorce. Consult your divorce attorney to understand the intended length of your alimony payments. 

If your alimony is considered long-term or permanent and you can no longer reasonably afford these payments, you may be able to petition the court for a modification based on significant changes in your financial circumstances. Your attorney will help you understand spousal support termination laws and your potential eligibility to modify this agreement. 

Common Grounds for Seeking Alimony Modification or Termination

The court may consider granting an alimony modification or termination for a few reasons. 

  • Your ex-spouse has started making more money: If your ex-spouse has resolved their financial hardship and your alimony payments are no longer necessary to support them financially, the court may agree to terminate alimony. 
  • You have lost your job and cannot find a comparable salary: The court generally bases alimony payments on both spouses’ income at the time of the divorce. If you lose your job and cannot find a position with a comparable salary, the judge may be willing to terminate future alimony payments. However, if you still earn more than your spouse, they may be more likely to modify the payments to reflect your current financial situation. 
  • Your financial circumstances have changed significantly: If you have recently experienced significant financial changes due to factors outside your control, the court may agree to terminate or modify the alimony order. 
  • Your spouse is remarried: In many cases, the court agrees to terminate alimony when the receiving spouse remarries. Remarriage could indicate that the spouse is no longer in financial hardship. 

What Factors Does the Court Consider in an Alimony Modification?

Modifying or terminating alimony requires you and your attorney to submit a court petition requesting a change to the existing alimony order, along with evidence of changes in your circumstances. These are a few factors the court considers when reviewing the petition: 

  • Why your income changed: Did you choose to leave your job, or were you fired? 
  • Whether you tried to find a new job with a comparable salary: If you have not put reasonable effort into finding a new job with comparable pay, the judge may claim you are “underemployed,” meaning you are making less money than your financial potential. 
  • The recipient’s financial situation: If the recipient’s financial situation has not changed, the court may hesitate to decrease their alimony payments and potentially place a financial burden on them. 

Can you terminate alimony? Karen Ann Ulmer, P.C., can review your alimony agreement and help you understand whether a modification or termination may be appropriate. Request a confidential consultation today by calling (866) 349-4117.

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Should You Move Out of the Marital Home During a Divorce?

If you and your spouse have begun the divorce process, you may be considering moving out of the marital home. This would give you space from each other and allow you to start building your new life.

But before moving out during divorce, consult an attorney about whether this makes sense for your case. These are a few potential repercussions to be aware of. 

Moving Out Can Have Child Custody Implications

You may feel that moving out of the family home is a considerate step, giving you and your spouse space from each other. But in some cases, the court may view this as evidence that you are not involved in daily parenting responsibilities. It may even flag you for “spousal abandonment,” which means you left the marital home without your spouse’s consent. 

You do not want the court to view you as the “non-custodial parent” from the beginning. Staying in the family home demonstrates that you contribute to your children’s upbringing, making it more likely that the court would award custody to you or shared custody to both parents. In contrast, the court may view you moving out as abandoning your parental obligations. 

Paying Double Bills Can Impact Your Financial Position

As long as you are still on the lease or mortgage for your shared home, you are likely financially responsible for half of the monthly housing costs. Moving into a new apartment or home will require you to pay double housing costs during the divorce process. This can harm your financial position. 

Your finances affect several aspects of the divorce process. The judge will scrutinize your transactions when considering child custody, spousal support obligations, division of assets, and more. Generally, you should avoid any behaviors that hurt your finances during this process. 

Moving Out Might Make It More Challenging To Keep the Home

If you voluntarily move out of the marital home during the divorce process, you risk being unable to keep the home after the divorce. 

The court may grant exclusive occupancy rights to your spouse, especially if they have primary custody of shared children. If you have already moved out voluntarily, the court may assume that you are in favor of these occupancy rights. 

Carefully consider housing and custody before making any decisions early in the divorce process. While you may initially feel okay about your spouse keeping the family home, you may change your mind later. Moving out could influence how the court approaches decisions about property ownership or use during the divorce. 

Consult Karen Ann Ulmer, P.C., Before Moving Out

Before moving out during divorce, consult an experienced attorney and create a detailed plan for custody and housing costs. In some instances, moving out is the right choice, such as if you feel unsafe in the home. However, it’s important to understand the potential repercussions and seek an attorney’s advice before doing so. 

At Karen Ann Ulmer, P.C., we advise clients on how to protect their marital property rights. Schedule a confidential consultation with our divorce attorneys by calling (866) 349-4117.

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Approaching Big Financial Decisions During Divorce

If you and your spouse have decided to divorce, you might feel eager to begin moving forward and start your new life. However, caution is recommended when making big decisions, especially those involving finances. Here are a few reasons to consider postponing major financial changes until after the divorce is finalized. 

Making Big Purchases Might Impact Your Eligibility for Refinancing the Mortgage

The property division process often requires couples to purchase new vehicles to replace the ones they previously shared. However, before you buy a new car, consider whether you will need to refinance your mortgage after the divorce.

For example, perhaps you and your spouse are both on the mortgage now, but you plan to keep the family home. You might refinance the mortgage to seek a better rate and account for your new sole ownership. Purchasing a vehicle immediately before applying for a mortgage can significantly impact your eligibility and rates. 

Your lender determines your loan eligibility based on your current assets and income. If either of these changes, they may need to reconsider the loan, adding time to the refinancing process and potentially leaving you with worse interest rates. 

Selling Assets Could Lead to Disputes During Property Division 

Pennsylvania follows an equitable distribution policy for divorce, which means the court seeks to divide assets fairly between spouses. Selling assets or making major investments immediately before the divorce could lead to disputes during the property division process.

A judge may assume you were trying to devalue the estate or hide assets. It may be better to delay big financial decisions until after the divorce, when the property division is finalized. 

The Court Could Impute Income for Alimony or Child Support

When a spouse is “underemployed” in a divorce, meaning they work below their skill level and potential earnings, the court may impute income. This means the court would base spousal support and child support on their earning potential rather than actual earnings. 

If you are currently underemployed, consider exploring other employment opportunities to increase your income. Otherwise, the court may base support obligations on imputed income, which could lead to higher payments than you can reasonably afford. 

Your Financial Habits Could Affect Child Custody Choices

Showing that you are financially responsible is important when navigating the child custody process. Remember, your financial decisions leading up to the divorce can affect your reputation in the eyes of the court. 

The judge may scrutinize your transactions to look for signs that you are financially unstable or irresponsible. Even if you can justify the major purchases you made, a judge may not view them the same way you do. 

Consult With Karen Ann Ulmer, P.C., Before You Make Big Divorce Decisions 

Seeking counsel from an experienced divorce attorney can help you determine which financial decisions and transactions might impact your divorce process. Karen Ann Ulmer, P.C., advises clients throughout the asset protection process, divorce mediation, and child custody negotiations. Schedule a confidential phone consultation with our divorce attorneys by calling (866) 349-4117. 

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