Co-Parenting - What Should I Focus On?

When you are faced with a divorce and you have children, it is essential to learn to co-parent with the other parent. Your children depend on this to be secure and healthy individuals. You don’t have to like each other, but it is important to respect each other as parents so that you can raise your children together. It is not always easy, but usually, it can be done. Here are a few tips:

· Be civil to the other parent. You don’t have to hang out or engage in everyday conversation, but try and communicate nicely, when necessary.

· Encourage your children to have a relationship with the other parent. Allow your children to have free access to the other parent. It will help your children and they will thank you for not making them feel like they are in the middle.

· Discuss the other parent in a way that is supportive and/or complimentary. Your children want your approval in everything. Hearing you speak highly of the other parent will give your children a sense of security and allow them to have positive feelings for both parents.

· Try to avoid talking on the telephone. If it is not an emergency situation, limit your communication to e-mail. If you feel yourself getting angry, step away from the computer. Remember that anything you putting in writing could potentially be used against you in future litigation!

However, even if you make every effort to co-parent, it may not work if the other parent doesn’t want it to work. In this case, the Huffington Post has some ideas on how to parent effectively when co-parenting isn’t an option for you.

http://www.huffingtonpost.com/virginia-gilbert-mft/co-parenting_b_1540479.html?ref=divorce

At Hollingsworth& Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com.

Custody Involving Active Duty Military Personnel

At Hollingsworth & Zivitz, P.C. our attorneys often work with members of the United States armed services.  Indiana is home to several national guard units.  These brave soldiers who have left so much on the battlefield and who have given so much of themselves in training and drill on the state-side can find themselves involved in divorce and child custody actions.

Fortunately for these individuals, the Indiana legislature has paid special attention to custody proceedings when military personnel are involved and have crafted specific language for active duty and reserve members of the military.

One common issue child-related issue for military personnel involves parenting time during their scheduled drill.  Indiana code has a specific provision to deal with these instances, allowing the guardsman specific mandatory make up time provisions for them to not miss out in the quantity of time with their children.

Additionally, the Indiana legislature has codified law specifically prohibiting courts from factoring in a military members service or relocation in making a custody determination.

If you are a member of the United States military or a national guardsman, and are going through a family law issue such as divorce, paternity, or child custody, the attorneys at Hollingsworth & Zivitz, P.C. are eager to assist you.

If you are considering a divorce or currently face a divorce, it is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.

To discuss your divorce or family law issue with a Hollingsworth & Zivitz, PC attorney, call 317.DIVORCE or click here to contact us online.

Divorce is Possible - What Should I Look Out For Regarding Assets?

In anticipation of a divorce, a party may choose to hide assets.  This is stating the obvious, but not everyone is interested in being fair in a divorce.  There are a myriad of ways to attempt to hide assets, including buying expensive items or collectibles with an eye towards selling the property after the divorce.  Another option is to transfer assets to friends or family members with an agreement that the assets will be returned once the divorce is finalized.

How does one guard against this sort of behavior?  First, utilize information to which you have access.  If you can retrieve account statements or online information, check those records periodically to determine if any unusual spending has occurred.   Second, be aware.  Has jewelry or other expensive items around the house gone missing?  If so, perhaps it is being hidden.

This may sound a bit paranoid, but if you sense a divorce filing may be on the horizon, the more information you can provide to your attorney, the better prepared you will be.

The following article has additional items to be on the lookout for.  While this particular author’s audience is women facing a divorce, the advice set forth in the column contains helpful advice to all individuals.

http://www.forbes.com/sites/jefflanders/2012/03/14/divorcing-women-heres-where-husbands-typically-hide-assets/

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com

Health Insurance and Divorce

            A question many clients ask is the impact a divorce will have on their family’s medical insurance coverage.  The answer depends on the status of the case. During the pendency of the divorce, a court can, and often will, order that the spouse providing the medical insurance maintain that coverage for the other spouse and the children while the case is pending.  After a divorce is final however, the spouse providing coverage will only be ordered to provide the children with continued health insurance coverage so long as it remains available through his or her employer at a reasonable cost.  In addition, it is standard that a company will no longer allow coverage for an ex-spouse.

Therefore, if both spouses are capable to providing coverage for the children, the two should agree upon the plan which is most beneficial. The party providing insurance should receive a credit on their child support obligation.  This issue can be revisited if circumstances change such as the employment status of the parent providing coverage.  Therefore, if the terms of a policy or cost of coverage change, the parties may agree to another arrangement a later date or a court may order a different arrangement based on a change of circumstances. In the event neither party has health insurance, the court may still order that the parties obtain health insurance for the child(ren).  Parties in such a circumstance can apply for coverage through the state.

            For a spouse who is does not have health insurance available through their employer, it is highly recommended to research options and costs to obtain coverage once the divorce is finalized. COBRA is an option for a spouse looking for coverage however, this can very expensive and is only available for up to 36 months.  Parties going through divorce should make arrangements prior to the finalization of their divorce to ensure there is no period they are without medical insurance.

The following article has additional information and discussion on this topic:  http://www.huffingtonpost.com/2012/05/07/divorce-questions-health-insurance_n_1480138.html

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com

With Property Settlements, There are no Do-Overs

           In the vast majority of divorce cases, a settlement is reached prior to a final hearing. 

            In doing so, an integral and necessary part of reaching a settlement is agreeing on the value of assets and liabilities of the marital estate. There are numerous ways to value marital assets, but ultimately the parties must agree on the value if they wish to reach an out-of-court settlement.  Most assets (such as bank accounts) are valued at the date of filing of the Petition for Dissolution.

            So, what happens if the value of the asset you agreed to take in settlement loses significant value at a later date?  You are stuck with it.  There are risks associated with taking certain assets such as real estate or stocks due to the fact that the values are subject to change.  The value may decrease and there may be additional expenses associated with the maintenance and upkeep of the real estate.  Such was the case in a recent divorce for a couple of high net worth.  The link provided below discusses a New York divorce wherein the husband’s share of the settlement was largely comprised of Bernie Madoff investments.  We all know how that turned out.  Well, after being defrauded, the now ex-husband went back to his ex-wife seeking to modify the settlement agreement.  Understandably, she was not open to that proposal. 

The New York courts determined that the ex-husband could not re-open the marital estate.  While New York law is not controlling in Indiana, the lesson set forth in the article is instructive.   

http://www.forbes.com/sites/jefflanders/2012/05/01/divorce-is-final-no-do-overs-allowed/

            New York and Indiana courts (and presumably every other state) prefer finality to a divorce matter.  If divorced individuals were permitted to return to court years later seeking to change the terms of a property settlement, our already stressed judicial system could be overrun.  Thus, absent a showing of some manifest unfairness or fraud, property divisions are not modifiable.  Therefore, parties should have counsel that advise of any risks that may be associated with a settlement agreement as once the agreement is finalized, it are division may not be modified at a later date.   

            It should be noted that this finality does not apply to child-related matters.  Issues related to custody and support are always subject to review upon the request of a party. 

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com.