Richard E. Fowlks, Attorney at Law

Portland Family Law And Estate Planning Blog

Understand how financial support works for your children

Parents who have a child custody order will also have a child support order that determines how the child's monetary needs are handled. This order usually covers which parent is responsible for making support payments to the other parent. It also covers other points, such as who will carry the children on their insurance, how extraordinary medical bills will be handled, and what happens if the child has daycare or other necessary bills.

If you are going through a divorce, make sure that you understand exactly what your duties are for support. You should also review your ex's responsibilities so that you know what to expect from them. Together, the goal is that your children will have what they need. We know that having to give the funds to the ex is hard for the paying parent, but children aren't responsible enough to ensure that things are getting paid.

A positive mindset can benefit you greatly in divorce

The emotional trauma you feel during a divorce is normal. After all, you are saying goodbye to one of the most important relationships in your life. Still, this isn't a time to focus on the negative aspects of the situation. Instead, adopting a positive mindset can help you remain strong and get what you need from the split.

One area to ficus your efforts is the property division process. When you and your ex are negotiating this facet of the divorce, you need to make sure that you aren't settling for less than what you are due. Sometimes, people accept settlements that aren't in their best interests just because they want to be done with their ex. Never allow this thought to overtake you.

Avoiding probate might be possible with planning

Thinking about having to go through probate when your loved one passes away might bring up feelings of fear and dread. It doesn't have to be this way. In some cases, a person's estate plan might make it possible to avoid probate.

There are several things that the probate process does. It is a court process that works to determine what the wishes of the decedent were. The court has to authenticate the will and determine who is going to serve as the executor of the estate. Heirs are identified during the process, as are the assets that are part of the estate.

Money matters and how they apply to divorce

Divorce can be one of them most challenging experiences of your life. No matter how much you may want to be done with your marriage and move on to a new lifestyle, the issues you and your spouse must work through in order to achieve a settlement can prompt intense emotions on both sides and also spark dispute if you happen to disagree on certain matters. Financial issues and those involving child custody tend to be most often prone toward contention.

However, just because you don't see eye-to-eye doesn't necessarily mean you won't be able to amicably resolve your differences and devise a fair and agreeable plan for your post-divorce future. Regarding financial issues, the more you learn ahead of time about state laws, your rights and how the family justice system works, the better.

Set realistic plans for your money and property after divorce

Property division involves splitting up everything from the silverware in the kitchen to the house and investments. Making sure that you go into the process prepared can help immensely when you are faced with having to do this during a divorce. We know that this might seem like a daunting task, but we are here to help you through it all.

One of the most important things you have to remember is that every asset you have can either help your future or harm it. You have to be able to think logically about what will happen with each one. For example, you might think that the house will be a great thing to fight for. But what if it needs repairs and the mortgage already eats up a good portion of your income? Your dream home might become a nightmare.

Divorce is full of emotions, even for the children

The end of a marriage is hard on the adults, but it might be even more difficult on the children. This is an upheaval of the only way of life they've known. They might be upset that their parents won't live in the same home. The fear of the unknown might be real for them. One way that you might be able to help them to cope with the situation is to help them learn how to express their feelings in an appropriate manner.

How you have to help your children depends largely upon their maturity and age. You won't have to coach a teen in the same way you do a preschooler. These factors can also have an impact on how affected they are by the split.

Find ways to make your divorce a positive experience

The end of your marriage can bring a range of intense emotions like stress and anxiety. This is perfectly normal, but it is also important to do all that you can to reduce their negative impact on your life and health.

Learning what to expect in the divorce process can reduce the uncertainty that you're feeling. We can help you prepare for the coming hearings and depositions so that you don't feel out of your element entirely. We will review your options in advance whenever possible so that there are few surprises when you get to court. This gives you time to consider everything and make decisions for your future without feeling rushed.

Uninsured medical expenses are usually included in support orders

When you think of child support, you might only think of the regularly occurring payments that go to your ex to pay for your child's needs. While these are a major chunk of what you will pay, there might be others too. For example, many child support orders require that both parents cover uninsured medical costs for the children.

Uninsured medical costs include co-pays and other expenses that come out-of-pocket for the medical care your children need. In order for you to have to help pay for these expenses, they have to be necessary and reasonable. This means your ex can't decide that your child needs a procedure that isn't really necessary and then demand that you pay for it.

Know what you can afford when dividing property

Dividing up the marital property is one of the main things that has to be done when you are going through a divorce.

For some, this is a simple process. In other cases, it is more complex. It is imperative that you consider all the options that are available for getting this done. We understand that you might have some questions about what's possible. We are here to help you find solutions to this situation.

Estate executors can benefit from attorney assistance

Your loved one likely chose you as executor of his or her estate because of the level of trust between the two of you. After all, it is a serious duty to carry out the final wishes of someone and to oversee the process that closes any open ends that person left behind. However, you may have realized immediately that along with the great honor of being estate executor comes a tremendous amount of responsibility and risk.

Unless you have previous experience handling the final affairs of someone who has recently died, you may not know where to begin. You may have to determine which are the priorities and how to avoid mistakes that could leave you liable. It is not as simple as reading the will and passing out the assets, and many executors find it is in their best interests to seek professional guidance for the task.

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Richard E. Fowlks, Attorney at Law
1607 N.E. 41st Avenue
Portland, OR 97232

Toll Free: 888-779-8837
Phone: 503-505-7941
Fax: 503-249-8500
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