Legal situations regarding the dissolution of marriages and the care and custody of children are perhaps the most important, and the most emotionally trying cases that a lawyer can handle. Unfortunately, the traditional model of legal services tends to create opposing incentives for the attorneys and the clients. When charging on an hourly basis, the fact is that an attorney benefits when a case becomes highly adversarial and contentious. We believe that most attorneys respect their duties and their ethical responsibilities to their clients and handle cases in the most direct and beneficial way possible. Unfortunately, clients often don’t feel that way.
The Mathews Group, LC handles these cases differently. Because we have no financial incentive to allow your case to drag on indefinitely, we work from the first day to resolve your issues and help your family to heal. What makes your case unique is the people involved. It is the emotional history, the family connections and the closing of a chapter in multiple lives. But the legal issues are easily defined. The statutes in Missouri and Kansas provide a framework for how each individual element of a case should be handled, and guides us on the appropriate resolution of disputes.
Don’t ever let an attorney scare you into thinking that you “have to file first,” or that if somebody else got a “bulldog” attorney, that you have to react in kind. You don’t. If you are honest and sincere in your desires, and if you have realistic expectations for how your family should move forward, there is no reason why you should fall into any traps, or why your family should suffer any unnecessary consequences. Family Law matters are difficult, but they are not unmanageable. The Mathews Group, LC is here to help.
Keep in mind that Courts in Missouri and Kansas will give priority consideration to any agreements that are reached between the parties, and that if the Court feels that those decisions are based on reasonable assumptions, and are reached without coercion, the Court will usually make any agreements reached between the parties the final Order of the Court.
Divorce/Dissolution
When a marriage ends legally in Missouri it is called a “dissolution.” In Kansas, it is simply a divorce. In either case, the grounds for ending a marriage are generally that at least one party assert that the marriage is over, or that the parties simply aren’t compatible. There is no secret formula, and no hurdles to jump in this regard. Keep in mind that lawyers and courts don’t end marriages. By the time you seek legal counsel, there is a very good chance that your marriage is already over. Our job is simply to protect your legal rights, and to modify your status with the State.
That being said, even when a marriage really is over, you’ll want to be certain that you’ve explored every option and discussed the matter with others. Some people look to professional counselors, others to clergy, family or friends. In any case, you shouldn’t file for divorce out of fear of what may happen to your assets or children if you don’t file fast enough. If your attorney is doing his or her job, then the law should prevail, and your life will continue.
Child Custody
When both parents are able and appropriate parents to their children, the Court will usually grant Joint Custody. Remember that joint custody doesn’t refer to where the children live, or how much parenting time each parent has with the children. Joint Custody refers to the right of both parents to act as parents to their children. This includes access to education and medical records and equal say in parenting decisions.
Child Support
Missouri and Kansas both have worksheets that are provided by the Courts that take into account the parents’ income and needs in determining whether or not child support is necessary, and if so, what the presumed correct child support will be. These are presumptions, not rules, and your own personal situation can affect the decisions that you and the other parent may make with regard to child support, and what orders a Court may enter. You can view these worksheets by searching for the Missouri Form 14 Child Support Worksheet, or the Kansas Presumed Child Support Worksheet on the internet. There are also online calculators that are not complete, but will usually give you a good starting point.
Of course, during your initial consultation with The Mathews Group, LC, we will run a full child support worksheet so that you’ll know what the presumed child support is in your case.
Parenting Time
Courts usually prefer that children spend more time at one home than another. This allows the child to have a “home base,” rather than simply living out of a suitcase constantly. In Kansas, this is referred to as Primary Residential Custody. Missouri no longer uses this term, but one home will be designated as the child’s address for educational and mailing purposes.
Beyond that, the best parenting plans are the ones that parents develop together. Your own particular situation and schedules will dictate what parenting time is best. It is important to remember that we are not talking about Mom’s time with the children and Dad’s time with the children. We are talking about the children’s time with Mom and Dad. It is their parenting time, and the Courts will do everything in their power to be certain that the parenting plan is, first and foremost, in the best interest of the kids.
Modifications
Often times, the original plan entered by a Court for custody, support or parenting time don’t work out as well as planned. Sometimes this is due to changes in circumstances for the parties, and sometimes it is the result of agreements entered into by parties that simply don’t work as well as planned. Whatever the reason, know that any case involving a child is an open case, until the child is emancipated. That means that the Court retains jurisdiction over the subject matter, and all of these things can be modified as necessary to best suit the interests of the child.
Whatever you are facing, The Mathews Group, LC can help you navigate the process, and help you make good decisions for moving forward. Our goal is to help mend the broken road, and to help your family heal.
Call us today at 913-660-0664 to arrange a No-Cost Consultation to discuss your options.