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Salem Family Law Blog

Understand how medical care costs are handled in child custody

Child support payments are meant to help provide for the children. As part of this order, one parent is usually responsible for providing medical insurance for the kids. While this will cover some of the medical care the kids need, it won't cover everything. There has to be a plan for paying the uninsured expenses that come with some medical care.

The child support order will likely dictate how this is split. There are several ways that might be managed. One option is for each parent to be assigned a percentage of these expenses. Another is that one parent be responsible for a specific dollar amount and then the other parent covers the balance.

2 primary concerns to address in divorce

Ending a marriage takes a lot of work, especially if you have shared assets and children. Working through everything can take time, so you should be prepared to go through the process. Remember that protecting your interests is one of the priorities you have during this time. We know that you might have a lot on your plate, so we're here to help you with the legal aspects of your case.

There are two primary aspects of these cases that we know are stressful to many clients – child custody and property division. The outcome of these two aspects of the split can have a big impact on your future. We can help you to evaluate the options that you have in both.

Cover all the facets of child custody in the parenting plan

A child custody case must take the best interests of the children into account. It might be difficult for parents to come to the terms necessary, but taking the time to work things out can greatly benefit the children. There are many facets of custody that you should think about when you and your child's other parent are splitting up.

One of the most important things to do in these cases is to ensure that both parents have parenting time. This is the chance to build the relationship with your child and to have an influence on how they're being raised. You'll probably have considerably less time with them now than what you had in the past, so you need to focus on making it quality time.

Utilize these tips to de-stress your divorce

Going through a divorce can be a tumultuous experience. When you decide to call quits on the marriage, you need to make sure that you're ready for the process. It doesn't have to be a stressful time, but exactly what happens depends on how well you and your ex are able to work together. Typically, people who decide to compromise fare better than those who choose to battle things out in a trial.

One of the most important things that you can do in these cases is ensure that you remain respectful. It's all too easy to get caught up in the negative thoughts that led to the divorce, but doing this can make things much more difficult. The court will likely frown on badmouthing from either party and there is a chance that this could impact the outcome of the divorce.

Divorce comes with unexpected losses

The emotional toll of a divorce can impact every aspect of your life. Some people assume that they aren't going to have to deal with this in their divorce -- especially if they initiated it -- but some unexpected losses that come with the end of a marriage can take even those people by surprise.

Most people feel a loss of companionship when a marriage is over. You're probably accustomed to having someone home when you get back from a trying day at work. Once you divorce, you won't have that other adult in the picture to talk things over with when you get home.

Set a positive platform for your child custody relationship

Working through child custody matters can be a challenging situation. There are several things that you can do to try to take the stress out of these cases. Developing a plan ahead of time can help you keep your focus as you're moving through the process.

One of the most important things to do is to take care of yourself. You can't care for your kids or make decisions in your best interests if you aren't in the best place possible. Eating a healthy diet, getting some exercise and taking time to rest are beneficial. Your children can see you taking care of yourself and look up to you as a role model.

Why mistreating a spouse in divorce is a mistake

People in Oregon who are going through a divorce may make the process and outcome even worse by treating a spouse badly. Giving in to the temptation to be rude or unpleasant to the spouse may feel good in the moment, but over time, it will make the divorce more stressful and difficult. In particular, parents should try to get along for the sake of their children.

Some people may phone the other spouse at work or even go to their workplace and make accusations or start a fight. This could start to affect the other spouse's ability to work and their standing among professional colleagues. While it may seem like the other spouse deserves it, people should keep in mind that this could also affect the spouse's earning potential and in turn what happens with property division.

The rise of gray divorce

Couples in Oregon may be surprised to learn that gray divorce - which refers to divorces involving couples over the age of 50 - is on the rise in the United States, according to one study. Although the divorce rate has dropped overall, the rate of gray divorce doubled from 1990 to 2010.

Some people over 50 who are filing for divorce have already been divorced before, meaning they were statistically more likely to go through another divorce. However, there are times when couples have been together for decades and simply grow apart emotionally. It can be easier to notice an emotional divide once children have left the house (and are no longer the center of attention) or after one of the spouses has retired.

Social Security benefits on a spouse's record after divorce

One element of divorce for people in Oregon may be dividing retirement savings. In some cases, people may also be able to claim retirement on an ex-spouse's work record.

The Social Security office does not necessarily keep track of this, so individuals may need to follow up on this themselves. A few conditions must be in place. The marriage must have lasted for at least 10 years. The individual must be at least 62 years old although waiting for retirement age will make the checks bigger. The ex-spouse must have begun claiming benefits or the marriage must have been over for at least two years and the ex-spouse must be eligible for benefits. The individual must also not have remarried. Benefits are unaffected by the ex-spouse's remarriage.

How 72(t) distributions may complicate IRA division

Oregon couples who are going through a divorce may need to split a retirement account as part of their agreement about property division. An IRA can be divided with a separation agreement or a divorce decree, but this can be more complex if the IRA owner has begun taking 72(t) distributions before the age of 59 1/2.

While IRA distributions prior to reaching this age are usually subject to a 10% penalty, there are circumstances in which they are allowed. However, IRS regulations also say that if there are modifications to the account, the person will be required to pay the 10% penalty on the distributions taken. While it does not specifically say that dividing an account in case of divorce would be considered a modification, under IRS regulations, it appears to qualify as one.

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