Clark Law PLLCClark Law PLLC2024-03-13T05:03:28Zhttps://www.cindyclarklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200384/2019/12/cropped-favicon-min-32x32.jpgOn Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507522024-03-13T05:03:28Z2024-03-13T05:03:28ZTroubling signs
There are various indications that a marriage is starting to fail, with ambivalence being a top one. Ambivalence in a marriage would be a troubling sign because it shows that the parties are becoming indifferent to one another. Communication and support may dissolve amidst ambivalent attitudes.
Ambivalence may lead to troubling ripple effects that wear down the marriage, such as extending to responsibilities associated with marriage, such as meeting financial obligations. Disharmony in the marriage may expand to further conflicts. The marriage may collapse when partners cannot agree on things or fail to get along.
When the parties are drifting apart and unable to get along, a marriage might become unstable in several ways. Both spouses could begin to live separate lives, contributing to friction.
Marriage satisfaction
The odds of divorce could increase when neither party is satisfied with the marriage. Ambivalence, conflict, unhappiness, and confusion might all contribute to dissatisfaction. Marriage dissolution might be inevitable if the parties cannot address their problems.
Filing for divorce could eventually result in both spouses pursuing new lives that might make them happier. Amicable divorce settlements may address financial matters like asset distribution and support amounts without conflict.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507502024-03-01T20:27:54Z2024-03-05T20:26:57ZFinancial considerations in divorce settlements
In New Hampshire, divorce settlements aim to achieve an equitable distribution of marital assets. These assets can include bonuses earned during the marriage. The median household income in New Hampshire is $90,845. Work bonuses typically count as income.
However, the exact treatment of bonuses in divorce settlements may vary depending on several factors. They cover the timing of the bonus, the frequency of bonuses and the specific circumstances of the case.
Timing and frequency of bonuses
Bonuses received before the divorce filing may be marital property subject to division. Meanwhile, those received after the filing may get different treatment. Additionally, the frequency of bonuses, whether they are regular or sporadic, can influence their classification and division.
Equitable distribution
In New Hampshire, equitable distribution does not necessarily mean an equal division of marital assets. Instead, the court considers various factors to determine what is fair. Common considerations include the duration of the marriage, each spouse's contribution to the marital estate, the earning capacity of each spouse and their respective financial needs.
A fair settlement
When negotiating work bonuses, mediators or financial advisors can be helpful. It can be a good idea to consider alternative methods of compensation or offsetting assets to ensure both parties receive an equitable share of the marital estate.
Careful planning and consideration of the implications of work bonuses in divorce can help minimize conflicts and ensure a smoother separation process.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507492024-02-17T22:05:40Z2024-02-20T22:04:47ZDetermining child support
Child support is typically determined based on the parents' financial situation and the needs of the child. Courts consider a number of factors when deciding how much support the non-custodial parent owes. According to New Hampshire Statutes, guidelines used to calculate child support take into account the number of children, the income of both parents, medical costs and other factors. Online calculators and worksheets are available to help estimate child support amounts.
Child support orders can become modified if there are significant changes in circumstances, such as a change in income or the child's needs. It is important to follow the proper procedures to request a modification.
Enforcing child support
If a parent fails to pay child support as ordered, there are legal remedies available. These include wage garnishment, tax refund interception and the suspension of a driver's license or professional license. These penalties highlight the importance of staying current.
Parents approaching the divorce process should review their obligations and options with respect to child support. Remember, child support aims to provide for the child's needs and ensure their well-being. It is necessary for both parents to fulfill their financial responsibilities to support their child's upbringing.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507482024-02-07T23:47:39Z2024-02-07T23:47:39ZWhen should judges talk with children?
Instead of talking to children at the beginning of child custody proceedings, judges should wait until the children have had a sufficient amount of time living alone with each parent. While you'll find no specific timeline for this, these interviews should only occur after children can see how each parent acts differently from the other. In addition, experts agree that judges should not interview children before 11 as they cannot correctly discern a timeline before this age.
Helping your child before the interview
As a parent, you can help prepare your child for the judge's interview by indicating what the judge may ask. Avoid coaching children on what they should say, but focus on the kinds of questions the judge may ask. These can include:
What is your mom/dad like?
What does mom/dad say when you do something wrong?
Who helps you with schoolwork?
Who takes you to activities and sports?
What is your favorite thing to do with mom/dad?
Living with the judge's decision
Parenting plans are often difficult and sometimes virtually impossible to work out in some cases. When you can't reach an agreement, the courts have to decide for you, which means that you or the other parent will be fully satisfied with the decision. Judges interview children to get an idea of how each one relates to parents as individuals. They also look for patterns of emotional nurturing, psychological care and support, and whether a parent uses their children for emotional support.
Attempt to work out child custody through mediation or another form of negotiation. By avoiding court, you may be able to come to a more equitable child custody agreement.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507462024-02-07T02:17:32Z2024-02-07T02:17:32ZNew Hampshire's approach to parental relocation
The state places a high value on the best interests of the child when determining custody arrangements. When a parent proposes to move out of state, the court examines various factors to ensure the child's well-being remains a top priority. The court scrutinizes the impact of the relocation on the child's relationships, schooling and overall stability.
Modification of custody orders
If a parent with primary physical custody decides to relocate, it may lead to the modification of existing custody orders. The non-relocating parent can petition the court for a modification based on the change in circumstances. The court will assess whether the move is in the child's best interests. It will consider factors like the child's age, adjustment to the new environment and the ability of both parents to foster a positive relationship.
Communication and co-parenting plans
Maintaining open communication between parents is important during relocation. Co-parenting plans may need adjustments to accommodate the physical distance between households. The court may encourage parents to create a detailed plan addressing visitation schedules, transportation arrangements and methods of communication to ensure the continued involvement of both parents in the child's life.
While post-divorce life is a fresh start that may mean relocating for a job opportunity or to be closer to family, a big move can have negative effects on some children. As childhood depression is on the rise, with approximately 2.7 million dealing with severe depression, parents considering relocation should take into account its potential long-term impact.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507442024-01-25T18:48:58Z2024-01-26T18:48:51ZTax consequences of asset division
In 2022, 989,518 couples received divorces and many of these involved significant assets that required division. When high-asset couples decide to part ways, the division of property can be tricky. However, individuals should understand that different types of assets may have different tax consequences. For example, the sale of certain assets may result in capital gains taxes.
Alimony and taxation
Alimony, or spousal support, is another area plagued by tax laws. In the past, alimony payments were tax-deductible for the paying spouse and considered taxable income for the receiving spouse. However, recent changes in tax laws have eliminated this deduction. This change impacts alimony negotiation arrangements.
Retirement accounts and tax considerations
High-asset couples often have substantial retirement savings. Withdrawals from certain retirement accounts may be subject to income taxes. Dividing retirement assets requires knowledge of the tax implications to ensure a fair and equitable distribution.
Business ownership and taxes
If one or both spouses own businesses, the couple needs to conduct the valuation and division of these assets carefully to minimize tax liabilities. Understanding how different business structures impact taxes helps the couple make sound decisions during divorce proceedings.
Estate tax planning
High-asset couples often engage in estate planning to preserve wealth for future generations. However, divorce can impact existing estate plans. The couple should review and update these plans to reflect the changed circumstances. Failing to do so may lead to unintended tax consequences for both parties and their heirs.
Both parties in a high-asset divorce should seek professional financial advice to navigate the complexities of tax implications during the asset division process.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507452024-01-25T18:51:25Z2024-01-25T18:51:25ZUnderstand your feelings
The first step in dealing with tough emotions during a divorce is to recognize and understand what you are feeling. Remember that it is normal to experience a range of emotions, including sadness, anger and confusion. Allow yourself to feel these emotions without judgment.
Communicate with others
Avoid bottling up your emotions. Instead, talk to friends and family members about what you are going through. Sharing your feelings can provide support and help you process your emotions.
Establish boundaries
During a divorce, you must establish boundaries to protect your emotional well-being. If certain conversations or situations are overwhelming, communicate your needs to those involved. Creating a safe space for yourself is very helpful as you navigate this challenging time.
Focus on self-care
Taking care of physical health is equally important when dealing with the emotional toll of divorce. Make sure to get enough sleep, eat healthily and engage in activities you enjoy. There are links between physical and mental well-being, so prioritize self-care to help maintain a sense of balance.
Seek professional support
If your emotions become overwhelming, consider seeking professional help. A mental health professional can offer guidance and support. Therapy provides a confidential space to express your feelings and develop coping mechanisms.
Stay connected
Maintaining connections with friends and family is also important during a divorce. Surround yourself with positive influences and people who genuinely care about your well-being. Having a support system can provide comfort and encouragement during challenging times.
Remember that dealing with emotions during a divorce is a gradual process. By implementing healthy coping strategies, you can navigate your divorce with resilience and strength.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507282024-01-11T19:48:54Z2024-01-11T19:48:54ZSigns
One indicator of parentification is when a child takes on the role of a parent. This may include being responsible for caring for younger siblings in most or all areas and performing all household tasks. Beyond occasionally watching younger brothers and sisters on date nights or doing normal chores, parentified children fully take the place of parents. They may do all the cooking and cleaning, get their siblings ready for school, watch them immediately after school and ensure they have their homework done and any needed paperwork filled out.
Parentified children may also take on an adult role emotionally. They may be the ones parents pour out their worries to, look to for support and even place financial burdens on. Parentification may occur after a divorce because a new stepparent with stepchildren enters children's lives and needs help with them or any new children. It may also happen because suddenly single parents may not be able to handle the new changes and persuade themselves it is just the children helping out for a little while.
Impact
Parentification can have serious emotional consequences for the children involved. The burden of adult responsibilities at a young age can lead to feelings of stress, anxiety and a sense of inadequacy. These emotions may persist into adulthood, affecting their ability to form healthy relationships (including with their siblings) and navigate life challenges. They may not get to experience childhood, discover their interests or develop their identity beyond being a caretaker for the family. Their social skills may suffer since they may not have time for outside activities.
According to the University of Illinois Urbana-Champaign's College of Agricultural, Consumer and Environmental Sciences, the percentage of parentified youths may be anywhere from a few percent to up to 30%. Parentification is a role reversal that can be hard to spot because many view it as having natural expectations of children. However, it can have short- and long-term negative consequences for children, and parents who see signs that their children may experience it at their other parent's house may need to investigate.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507272024-01-09T20:15:01Z2024-01-09T20:15:01ZEffect on children
First, if there are children involved, it is critical to focus on what is in their best interests. High-conflict divorces can be particularly hard on kids, and the other parent may be more concerned with their own feelings than on the children. Try to protect the kids from witnessing conflict, but discuss these issues with your attorney and other professionals that you are working with. If the other parent is being unreasonable, more explicit language in the parenting agreement, such as specifying not just days but exact times for visitation, can prevent them picking up or returning the children at inconvenient times.
Help from professionals
You may need to prepare for a process that lasts much longer than is typical. A high-conflict divorce can drag on for years if the other person is determined to keep introducing obstacles. This is another reason that professionals you work with need to be fully informed about the situation. A family law judge who is involved in the case may see the dynamics and take steps to address them, including ensuring that child support is paid.
Protecting yourself
Division of assets can also be more fraught in a toxic divorce. The other spouse may try to hide assets or take more than their share and may attempt to wear you down over time. It is usually not possible to negotiate property division in this environment, and you may need to go to court to have a judge decide. Divorcing an uncooperative spouse is never easy, but by understanding what you are dealing with and using the resources available to you, you can protect yourself and your children.]]>On Behalf of Clark Law PLLChttps://www.cindyclarklaw.com/?p=507262023-12-28T20:50:54Z2023-12-28T20:50:54Z1. Real estate
Real property, including the marital home, vacation homes and investment properties, is a significant asset. Deciding who retains ownership or how to divide proceeds requires careful consideration. Consider the current market value, mortgage obligations and any potential tax consequences.
2. Financial accounts
Bank accounts, savings and investments fall under this category. It is important to review joint and individual accounts, take note of balances, and determine equitable distribution. Be aware of potential tax implications related to investment accounts.
3. Retirement accounts
401(k)s, pensions and IRAs accumulated during the marriage are subject to division. Understand the implications of dividing retirement assets, including tax consequences and potential penalties. A qualified domestic relations order may be necessary for certain retirement accounts.
4. Personal property
Household items, furniture and personal belongings hold sentimental value. While dividing these assets can be emotionally challenging, a fair distribution is important. Make a comprehensive list of items and engage in open communication to reach an agreement.
5. Business interests
If one or both spouses own a business, determining its value and deciding how to handle ownership is important. Options include selling the business, one spouse buying out the other or maintaining joint ownership with clear guidelines.
6. Debts
Alongside assets, it is important to address shared debts. Mortgages, loans and credit card balances need to be fairly distributed. Understanding the responsibility for each debt is important to avoid financial complications post-divorce.
7. Insurance policies
Review life insurance policies, health insurance and other coverage types. Determine if changes are necessary post-divorce, such as updating beneficiaries or securing individual policies.
8. Automobiles and vehicles
You must address ownership of vehicles, including cars, motorcycles and recreational vehicles. Consider the value, outstanding loans and insurance coverage associated with each vehicle.
Navigating the division of assets during a divorce requires careful consideration of various financial elements. Open communication and a clear understanding of the implications of each decision are important for a fair resolution.]]>