Category: Blog

If you have been through a divorce or modification, what happens if the other party does not do what the settlement agreement or what the Court has ordered them to do? If you are reading this blog, you are probably waiting on an overdue child support payment. If this is the case, the first thing to do is read the settlement agreement or Court’s order carefully to make sure the other party is in willfull non-compliance. If found in willfull contempt, the other party can be punished by the Court and forced to comply with the Order.

Usually, child support payments must be thirty (30) days late. There are exceptions, such as if the non-paying parent has a history of being late. You should consult an attorney to determine whether the other party is in willfull contempt and how to prevent late payments in the future.

What if you cannot make health-care decisions for yourself?

It’s a conversation that is unpleasant and easily put off until you see a well publicized dispute such as Teri Schiavo’s case. However, its is imperative that you consider the quality of life you would want if you were incapaciated and unable to communicate. Making these decisions now can ensure that your wishes are carried out and prevent future legal battles between loved ones. Executing an Advance Healthcare Directive and Living Will allows you to designate a Health Care Agent who will have authority to act according to your wishes.

Anyone can complete an Advance Healthcare Directive but to be effective, it must be witnessed properly. Additionally, the directive is taken from the statute and can be easily misinterpreted by a layperson. We can walk you through the directive, answer your questions and make sure you wishes are properly designated.

Whatever your wishes are, its important to also consider how they will impact your loved ones financially. You may ask yourself how you are going to pay for life-extending measures and whether this will impact your estate planning.

We have experience helping people plan for the worst. Call us today to set up an appointment for an Advance Healthcare Directive consultation.

Who would be our children’s guardians?

Once you become a parent, your priority is doing what’s best for your children. What would happen if you were not there to care for your children? Who would you want to raise your children? While this can be an overwhelming decision to make, it’s vital to take the time to sit down with your spouse or co-parent and have this conversation.

When choosing a guardian, some factors to consider are parenting style, financial situation, religious beliefs, location and future physical ability. Once you have a list of candidates, talk to them and see if they are willing to be your children’s guardian.

After you have made your decision, an attorney can draft your designation into your will. If circumstances change, you can always change your designation. In fact, it’s a good idea to review your will every few years to reassess your options.

If my child’s other parent is not coming to get the child for vistation, can I sue him?

One of the many challenges of being a single parent is not being able to control the actions of the other parent. When a parent consistenly does not choose to visit with a child, it causes hurt to the child and leaves the other parent to explain why the visit did not take place. However, one parent cannot sue the other for missing visitation. In a way, visitation is like the right to vote. One has the right to vote, but does not get penalized for not voting.

If you have questions about Court Ordered vistation, an attorney can help interpret the order for you.