I Already Paid For A Divorce Lawyer; Do I Have To Spend Money On An Attorney For A Modification?
Depending on the circumstances, it is not always necessary to hire an attorney to modify something. For example, if the parents agreed on a schedule, and they all now agree that they’re just changing a day or two, it’s not necessary to hire an attorney. If the change is minor and the parents get along with each other, there may be no need to involve an attorney. The parties can have something in writing that everybody can refer to. What makes most people seek legal counsel is when the other parent isn’t being cooperative. While everybody hopes that they don’t have to consult with an attorney after getting a divorce, when there’s a child, maintenance, or property matters that needs to get resolved after the marriage has ended, an attorney may need to get involved if the parties cannot agree on terms. Even more so if the parties initially represented themselves or hired somebody that was not competent to handle their case. They could receive results that reflect that.
If your situation consists of a simple change, and you get along with the other parent, you’ll likely be able to resolve the matter without an attorney or going to court. Unfortunately, many people don’t have that type of relationship with each other after a divorce. That’s why we continue to help people years after their divorce.
Are People Currently Trying To Modify Tax Provisions?
Currently, a lot of people are trying to modify tax provisions as it relates to the child tax credit and stimulus payments. Our firm has been dealing with many modifications of this kind that also intertwines with child support. For example, if one parent loses insurance or the child is now primarily living with the other parent, the parents are petitioning modifications that reflect those circumstances. Many people are looking for guidance on how to change their agreements when they’re receiving a $3,600 child tax credit. This issue sort of falls under the topic of child support.
One Of The Main Things That Divorced Couples Are Wondering Is Who Gets The Child Tax Credit? Who Gets The Stimulus Payments?
In Kentucky, the parent who has the child most of the time should be the one to get the child tax credit and the child portion of the stimulus checks. The IRS envisions that all of that money is meant to help support the children during this time. If one parent has the child most of the time, they will either get all of it or the majority of it. In Indiana, however, they presume that the parents are going to split the tax credit every other year. For example, one parent gets the stimulus that went out in 2020, while the other parent gets the stimulus that went out in 2021.
Some courts are being consistent with splitting the stimulus according to the amount of time each parent has with their child. For instance, if one parent has the child two-thirds of the time while the other parent has the child one-third of the time, they would split the stimulus by two-thirds and one-third. The theory being that the stimulus money is helping to support the child. If you look at the time-sharing arrangement, that could answer who gets what. Sometimes, it’s unfair. If you have two stimulus payments in one year and one in another year, you have to look at it as all of the money that has come in on behalf of the child over the past year.
It’s a fact-sensitive issue. There are no states passing laws about how to deal with this circumstance. Our firm notices that keeping an eye on who’s actually providing care for the child during the week is a guiding principle that the courts are relying on.
For more information on Family Law In Kentucky, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (812) 302-0539 today.
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