Tuesday, September 9, 2014

WHAT MISTAKES SHOULD DIVORCING FATHERS AVOID?

On behalf of Askvig & Johnson, PLLP

Readers of this blog may have seen previous postings discussing child support determinations and which parent is more likely to receive the majority of physical custody. Some may believe that the courts always favor the mother over the father. While this is not a proven statistic in the present day, there are certain mistakes that are often made by fathers that could make them less likely to obtain custody of their children when going through a divorce.

First of all, it is important that the father does not purposely drive an increase in the cost of litigation. In some states, this type of behavior is punishable by law. The circumstances leading up to the frivolous behavior do not necessarily matter. Therefore, it is very important that couples going through a marital dissolution choose their legal counsel wisely so they are advised appropriately.

Second, it is important that fathers do not stretch themselves too thin financially. It is often helpful to meet with a lawyer who can help the parent budget for the upcoming divorce proceeding and also help them understand the different financial obligations that may arise, some of which the parent may not be aware.

Third, fathers sometimes give in on custody proceedings hoping that they will become successful later. However, this action of putting their children on the back burner and not making them a priority is actually a huge mistake. It is important that children have both parents present in their lives.

Fourth, fathers will often use their children as leverage to decrease their child support payments. They will fight for more time with their children so that they are not stuck making large child support payments. However, oftentimes when all is said and done then this time is not actually spent with the children. This type of behavior can put a father right back where they started, in the courtroom.

Lastly, it is important not to let unpaid child support add up. If a modification is needed due to changed circumstances, then it is important to seek that modification as soon as possible. Back due child support can be extremely financially detrimental to a divorced or divorcing parent.


Source: The Huffington Post, "5 Dumb Mistakes DadsMake During Divorce and How to Avoid Them," B. Robert Farzad, Feb. 13, 2014.

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