Complexities in Divorce with Children

By Michael J. Clonts, Esq.

In the middle of a divorce, it can be difficult to see eye to eye with your soon-to-be ex or arrive at compromises that work for both parties. But when children are involved, regardless of the custody arrangements, parties are going to be expected and forced to continue to deal with each other regarding their children on an ongoing basis for months, years and sometimes decades after the divorce. This month, our blog series will go over some of the complexities of going through a divorce with children.

We will present an overview of the best interest standard that the courts use when deciding on who should make legal decisions for the child and what parenting time is appropriate for each party.

We will then move on to discussing the intricacies of a divorce with children with special needs. There are many issues to consider when it comes to the custody and child support of a child with special needs that would not otherwise apply to a child with normal development. These issues can range from specialty medical care or equipment, to ongoing therapy, and additional educational concerns and costs to meet the needs of that child.

We also will discuss educational 529 savings plans and how they are effected by divorce. All too often, 529 plans become neglected in the divorce process because parties assume it is their child’s, but a 529 account is still considered a marital asset of the parents which means that it needs to be addressed in the dissolution process even if it is to be maintained for the benefit of the child.

Finally, we will address the Uniform Gift to Minors Act (UGMA) and the Uniform Transfer to Minors Act (UTMA) and how accounts set up under these acts are used to hold and protect assets for minors until they come of age.

Divorce with children can be a complicated and stressful process, but with the help of a law firm like Owens & Perkins, it can become more clear and manageable. If you find yourself, a friend or a loved one in need of a lawyer to assist with a divorce with children and you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at 480.630.2464 to schedule your free 30 minute consultation.

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