Daniel J. Lounsbury Attorney at Law Willamette Valley Legal
Local: 503.967.3119
Toll Free: 800.615.7072

Salem Family Law Blog

Divorce and intimate partner violence

When it comes to divorce, there are many different issues that need to be taken into consideration by those who have decided to bring their marriage to an end, such as the custody of their children and the division of marital property. Unfortunately, some people find themselves in especially difficult situations when they split up with their marital partner, such as those who are subjected to intimate partner violence or threats of physical harm. If you are experiencing these challenges personally, it is pivotal to protect yourself and your children from any threats.

Intimate partner violence can impact a divorce case in many ways. First of all, some people may decide to file for a divorce solely because of domestic violence, while others may have an additional amount of stress as a result of their concerns about being subjected to further intimate partner violence or the well-being of their children. Moreover, it may be important to bring these issues up in court, especially if certain matters such as the determination of child custody are being reviewed.

Negative emotions that arise due to child support

When a couple separates, all sorts of difficulties may come into their lives, but this is especially true for those who have children. As if issues such as child custody and explaining the separation to kids are not challenging enough, other matters, such as child support, can further complicate a couple’s decision to split up. There are many hurdles that may need to be overcome with respect to child support, whether a parent is unable to pay what they owe or provide for their child because they are not receiving what they are owed. Moreover, child support issues can bring up very strong emotions.

On the one hand, a parent that cannot pay child support for whatever reason (losing their job, suffering from a costly medical condition, etc.) may experience high levels of stress. Stress can be so severe that it interferes with their work, which may create additional financial strain. Other emotions, such as feeling depressed and hopeless, may also arise and can also generate problems. On the other hand, a parent who is not receiving the child support they are owed may also struggle with severe stress because they worry about providing their child with food, school supplies, and other essentials. Furthermore, they may be angry with their child’s other parent for failing to pay child support.

What should you do when you cannot rely on child support?

Your divorce is finally over and you are beginning to pick up the pieces and move forward. Your children live with you and you have assumed all of the responsibilities of the custodial parent. The only issue is that your ex is not in the position financially to be able to pay child support. Fortunately, when you plan responsibly and acknowledge the problem before it is too late, you can continue to provide for your children without letting your ex feel like he or she is permanently relieved of all financial obligations in Oregon.

According to U.S. News, you will benefit from continuing to keep your ex involved, even if he or she is currently unable to make payments. If your ex is simply unable to afford payments right now, using your children as leverage to force him or her to pay is often more counterproductive. You may find that your ex becomes increasingly bitter and even more adamant to refuse to make payments even if a point is reached where finances allow contribution. However, if you let your ex continue to see and build a relationship with your children, he or she may be much more willing and even eager to contribute funds when that position is reached from a financial standpoint. 

Protecting your family business during your divorce

When you decide to go through with your decision to divorce your spouse, you immediately begin to analyze the impact this choice could have on your family business and its success. Allowing your emotions to take over or making irrational decisions in an effort to stay in control, can have detrimental effects on your company's future. At Daniel J. Lounsbury Attorney at Law, we have helped many individuals in Oregon to navigate the difficult legal process of divorcing their spouse without compromising their business or its success. 

The Chicago Business shared a survival guide that you may wish to implement as you face the uncertainty of your organization's future pending the outcome of your divorce. Here are some of the things you can do: 

  • Rely on your personal advisors: With a talented team of advisors at the helm of all business operations, you can avoid making irrational decisions simply because you are mentally distracted. Rely on your advisors to keep the company running smoothly and working towards organizational goals while you tend to personal matters. 
  • Understand the value of compromise: Your business will need to be evaluated in order for the courts to make decisions regarding you and your ex's future in the organization. If a valuation cannot be agreed upon, do your best to compromise to reach a solution with your former spouse. Breaking the business into two equal parts will put your company's future at risk of failing. 
  • Prepare for the future: Recognize that your divorce will have a lasting impact on your company but do your best to look to the future with optimism. Focus on your mission and what you can do to maintain existing organizational practices despite the changes that have taken place. 

Find the value of personal property before a settlement

When a marriage ends in Oregon, the couple must follow the state's plan for property division. According to the Oregon Judicial Branch, property includes much more than the home and other real estate. The couple must also divide their personal property, such as vehicles, furniture, jewelry and other objects.

How does the couple divide the diamond necklace, the vintage car and the painting from a local artist who has become famous? The American Academy of Matrimonial Lawyers explains that each of these items must have a dollar amount placed on it so that the total of all assets can be calculated, and the couple can reach a fair settlement.

Examining some of the other consequences of back child support

Those who have become delinquent on the child support they owe often face various problems and we have discussed many of them on this blog. From the interception of a tax refund to problems with passport applications, back child support is not to be taken lightly. However, we would like to point out that people who fall behind on their child support payments may face many other difficulties as well, some of which may not seem serious to an outsider but could disrupt a non-custodial parent's life tremendously.

For example, back child support can lead to significant emotional distress. For starters, parents who cannot pay child support for whatever reason may have high levels of anxiety, which could have a negative impact on their performance and work and lead to sleep disturbances, among other problems. Between financial penalties, an inability to pursue certain interests, and even the threat of arrest, there are various reasons why those who owe unpaid child support suffer from anxiety. Moreover, it should be pointed out that failing to pay child support can result in depression and some parents may be upset with the fact that they are not able to fulfill their duties.

Can back child support interfere with travel?

People may run into all sorts of issues when they fall behind on child support payments, from financial penalties and a damaged reputation to the threat of arrest. However, some people do not realize that falling behind on child support can affect their lives in many other ways as well. For example, those with back child support may not be able to leave the country, which can be especially upsetting for someone who has been looking forward to a trip for business or leisurely purposes.

According to information presented by the U.S. Department of State, those who owe over $2,500 in unpaid child support are not eligible to receive a passport in the U.S. People in this position are advised to pay arrears prior to applying for their passport. Furthermore, you should keep in mind that it can take weeks for your application to be approved even after you have set up a payment plan. For some people, such as those who were planning on leaving the country on a particular date due to a business event or a wedding, this can be especially difficult.

Filing for divorce as a pro athlete

Divorce can be hard for many reasons, regardless of a person’s background. Dealing with legal matters involving children is not only emotional but can have a significant impact on a child’s future. Likewise, property division and other financial aspects involving divorce can be very tough. While this is true for most people going through divorce, it can be even more challenging for professional athletes, who may not only have a high net worth but also have to deal with media attention and the high demands of their profession.

Whether you play basketball, football, or any other sport professionally, it is vital to carefully go over your divorce. As a pro athlete, you might have to travel regularly, which can create additional complications if you are working your way through divorce. In fact, you might have reporters asking you personal questions or have to deal with other stressors that can make it particularly challenging for you to split up with your spouse.

Child custody and seasonal affective disorder

For any parent, a child custody dispute can be difficult for a wide variety of reasons. Not only do these disagreements often result in courtroom stress and uncertainty about one’s future relationship with his or her child, but they can even lead to depression. For some people, such as those who suffer from seasonal affective disorder, this can be particularly difficult during the winter months. If you are preparing for a custody dispute or are already in the middle of one, it may be helpful to focus on reducing the emotional impact of the issues you are working through.

With cold weather and less sunlight, the winter can be a hard time of year for some people. Unfortunately, adding stress and emotional issues due to a dispute over custody can further complicate things for someone with this disorder. However, parents should always try to remain strong and do their best to prevent depression from interfering with their ability to secure healthy outcomes for their children. In the long run, custody rulings can have a major impact on an entire family, whereas seasonal affective disorder and depression may only be temporary, in some instances.

Divorce in the digital era

Technology has changed lives in a plethora of ways, many of which are positive. For example, people are able to gain access to information like never before. However, it is crucial to make sure that this information is accurate and relevant, especially with something as important as legal issues and divorce. Moreover, our law office knows that with increased communication and the sharing of information, certain problems may arise. For example, someone dealing with family law matters may face problems related to gossip and slander on social media.

If you are stressed out about your divorce or upset with your spouse, it is important to try to maintain your emotions and avoid sharing anything online that could be damaging. On the other hand, if your former partner has posted something about you that is damaging and untrue, you should look into your options and how this activity could potentially affect your case. Although technology can present some challenges, there are many reasons why it has made the divorce process easier. For example, certain forms can be accessed and completed online, while other facets of divorce can be simplified via the internet. Unfortunately, there is also misleading or false information across the web, so it is critical to be careful with divorce-related pages you may come across.

Back to Top