Choosing a divorce attorney can be a difficult process. Not only are you going through one of the most difficult and emotional times in your life, but now you don’t feel your attorney is giving you the best representation possible. You feel as if your divorce attorney just doesn’t care. He or she has continually told you not to worry. Now you are asking yourself if it makes sense to change attorneys during the divorce process. This can be just as scary as the divorce itself.

Although we are not tax professionals nor do we claim to be experts on the subject, we at Kevin Hickey Law Partners can tell you how the new tax laws approved by Congress as part of Tax Cuts and Jobs Act (TCJA) will affect you. These new tax laws will have an effect on millions of Americans. In addition to the standard yearly adjustments for things like cost of living, retirement savings and inflation, the new tax reform impacts couples initiating divorce now or in the future, those that pay and receive alimony/spousal support and those that have utilized child exemptions. Remember, spousal support/alimony is when regular payments are made or received after a divorce that are agreed upon by both spouses or determined by the court. Spousal support has tax implications that affect both parties when filing yearly tax returns. The new tax laws also affect child support as personal/dependent exemptions for federal taxes have been eliminated.

Divorce entails the loss of more than future family goals and material things. Divorce can affect your professional life as well. Couples involved in a family business find themselves battling over the division of assets and labor that threaten the security of all involved. If you are divorcing and you own a business with your spouse, keep reading.

It’s the new year, and you are getting divorced. The good thing is that you both recognized the need to begin afresh. Your divorce might be considered amicable, which is rare, but if you have children this begins a new relationship with a different structure for your family. Restructuring and learning the boundaries of this new relationship becomes the next big focus. Here are four ways to begin the process:

Remember to the keep the children first in order to avoid resentment over finances and settlements. Even when the decision to split is mutual, heated debates over assets or alimony can affect decisions about custody or visitation. Don’t let the inevitable arguments steal from your children’s sense of security or their futures. Be the bigger person, even if it hurts your pride.

Have a conversation about your parenting philosophies. This conversation potentially curbs future misunderstandings, arguments, and miscommunications. Understanding how you will parent separately is vital to raising children in a healthy environment. You can learn from one another, make sure the child/children’s mental and emotional health won’t suffer from dysfunction, and you can support one another.

Decide how to tell your children about the split. When telling the kids about a divorce, it’s important to remember they need love and security. Structure the change in a way that meets these needs. As long as they understand the differences between the old family and the new family, but know they are still part of a family, they will be able to cope with the loss and move forward into their new lifestyle.

Respect the boundaries of the new family. When a family divides into two households, this means that rules and schedules change. Each parent must respect the healthy (notice I did specify the word “healthy”) parameters set about bedtime, dinner time, screen time, discipline, etc.

Knowing you both want to work together towards a new kind of family does mean establishing good communication and it will take effort, but the reward of seeing your children thriving makes the extra time and energy worth it. Here’s to the new in 2019!

These days it is not uncommon for a parent to need to relocate for a job. While today’s global economy has allowed some to work remotely, it has also required moves out of state or even out of the country. These job changes can be exciting and help catapult your career to the next level, but they can and often do create a big problem regarding child custody and whether or not the child is allowed to move with the custodial parent. Rightfully so, the non-custodial parent is concerned that they will not be able to see their children as often and it will be virtually impossible for them to be involved in the children’s day-to-day activities like ballgames, school plays, dance, the list goes on and on. Modifying a child custody agreement can seem daunting and, admittedly, can be difficult, but not impossible. Your first step is calling your attorney to discuss the matter; therefore, allowing the two of you to gather the appropriate evidence to support the move with your children. Then, we at, Kevin Hickey Law Partners, always recommend trying discussing the matter with your ex before taking it to court if you have any communication at all with your ex. Anything settled out of court is always the preferred method, but, unfortunately, often can’t be settled that way leaving you with the only other option of filing for a child custody agreement modification.

Most child custody agreements state that the custodial parent must get permission for moving with the children if outside the parameters set forth. There will often be a specified distance or described geographically. For instance, permission from the other parent must be received to move more than 30 miles or you may not be allowed to move out of the city. These agreed upon distance parameters are another reason it is important to have an attorney when making the initial agreement, because our firm will help you determine on the front end if a job relocation might be necessary in the future for you and your career. If we are able to discern this in the beginning, then we can build an exception to the custody agreement that a career move may be required. Even if this was built into the original custody agreement, we always recommend you discuss a move with the other parent, to keep the peace and to avoid your ex filing a modification request. Remember, the same as you can ask for a modification to move, the other parent can ask for a modification to prevent you from moving even if it is built into the original custody agreement.

If an agreement can’t be reached out of court, the first step in modifying a child custody agreement is doing your homework to prove your position in court. It is crucial for you and your attorney to prepare beforehand to gather strong evidence and arguments in support of your need to relocate. A court is looking specifically for:

1. A legitimate reason for the move, i.e., a career change, remarriage or medical issue.
2. The move is reasonable in light of its purpose. In other words, you’re not moving just because you feel like it.
3. The move is in your children’s best interests. As unfortunate as it is, many parents make a move just to spite the other parent and make life difficult for them. If a judge discovers this, it will not reflect kindly upon you.

After the evidence is presented, to decide if the relocation is in fact in the best interest of the children they will consider many factors including, but not limit to:

1. The children’s relationships with both parents.
2. The impact of the move regarding the children’s ability to spend meaningful time with both parents.
3. The feasibility of making alternative parenting time arrangements to accommodate the move.
4. Economic, emotional and educational benefits received from the move.
5. If the children are old enough, the court will consider their preferences when making their decision.

Family law matters involving children and a parent’s ability to see his or her children are complex and difficult to maneuver. We at Kevin Hickey Law Partners have helped many parents work through relocation and custodial agreement modifications. Let our experience and expertise work for you. Call today.