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Syracuse Family Law Blog

The process of getting a child support modification

Paying child support after a divorce is something that many men and women must do. While this can change your financial situation, it's nice to know that making these payments goes a long way in helping your child live a good life.

Unfortunately, there could come a time when your financial situation changes. If this happens, you may need to think about requesting a child support modification.

Mother fights for son, claiming radicalization of son

A mother in New York is fighting against her child's father claiming that he is radicalizing their son. The mother, who is a practicing Muslim and American citizen believes that her ex-husband has been feeding their son extreme ideologies, which could have negative implications for his future.

The mother is now seeking sole custody of the 11-year-old child. She claims that their marriage ended because of her ex-husband getting too extreme when it came to their religion; she said he wanted her to stop exercising and sought to bring home another wife. He demanded that she dress more modestly as well. She stated that he was physically abusive when she told him she knew about his communication with another woman.

A prenuptial agreement protects you and your spouse

You are getting married to the love of your life, and you don't want to do anything that could jeopardize that relationship. People have been telling you that you need to get a prenuptial agreement, but you think that might insult your partner and that your relationship will suffer as a result.

While a prenuptial agreement could be insulting in some cases, it doesn't have to be. It can be a good way to talk about finances with your soon-to-be-spouse and to get your thoughts and feelings out in the open. The prenuptial agreement can also benefit both of you, depending on how it's drafted.

An economy of short-term gigs limits child support options

Today's world is one with a gig economy. What's meant by that? It's one where people can live by completing small gigs here and there instead of working a traditional 9-to-5 job. Contracted employees are paid per job, and with that, have a potential to have child support withheld from those paychecks. The difficulty is that it's hard to find out what those individuals make and could be next to impossible to get the companies to cooperate.

Since contracted workers aren't employees, employers (or clients) don't have the same obligations to them. Employers of traditional full- or part-time workers have to report when they hire or fire them for the purposes of child support. That's not the same for contracted employees. In Texas, the state has started to include contracted employees in child support reporting, but not all states have followed suit.

How can you have the best chance of obtaining sole custody?

After you decide that you want to end your marriage, one of your main concerns is what happens to your children. If you don't believe that your spouse has their best interests at heart, you may want to try to obtain sole custody.

In most cases, the courts would like to see both parents participate in a child's life. In some cases, that's not in the child's best interests. For example, if your ex was abusive to you and you feel that he or she may have been abusive to your children as well, it would be a good idea to seek sole custody to protect your children from ongoing harm.

Ready for divorce? Talk to your spouse first

Before people get a divorce, there are usually questions and signs that there is trouble in the relationship. If you've ever talked to someone who got a divorce, he or she will be quick to tell you the moment he or she knew the relationship was over. They can tell you the factors that made their decisions for them.

While some people encourage open discussion to talk about your issues, others find that it's impossible to break through their spouse's distain or resentment. It's important to talk to your spouse if you can before you have a discussion about divorce. Talk about the issues in your relationship and what, if anything, you can do to resolve them.

3 ways to enable your child love a new home

When your child has to move into two homes, it becomes a matter of buying the items he or she needs. One thing that you should remember is that it's hard for a child to move into two homes and to not have the consistency he or she once had.

Making your child comfortable in two homes is about more than just having the basics. Here are a few tips for helping your child adjust after divorce.

The right custody plan matters for your child

There are several kinds of child custody parents can seek when they're separated or going through divorce. Starting with the most basic is physical custody. Physical custody is what you think of when you think about seeking custody. It's physically having your child with you. Parents can share physical custody, or one parent can seek primary or sole physical custody.

Joint custody, or shared custody, means that both parents spend time with their child. In many instances, courts aim to have each parent spend a similar amount of time with the child. With sole physical custody, a parent may have complete custody of a child without the other parent being active in the child's life. With primary custody, the other parent may have visitation rights during a portion of the week or on another schedule.

Adoption and divorce: You can help your child get through it

Adopting your child was the most important decision you and your spouse made together. Unfortunately, now that your marriage is ending, you're not sure how to address your child's needs. You know that your child already lost his parents once, so imagining putting him through that again is heartbreaking.

Being adopted and then going through a divorce does add a layer of complications to a child's relationship with his parents. Adoption issues are difficult on their own, but combined with the loss of a divorce, children may act out or feel they're abandoned by the people who said they wanted them so badly.

It's your right to pursue child support if it's not being paid

When your spouse left, you were awarded child support. Over time, the checks have stopped coming, but since you make enough money, you haven't made a big deal out of not receiving what you're owed.

Other people tell you that it's important to let the courts know. Why? Does it really matter as long as your child is cared for?