Knowing Your Rights and the Rights of Your Children During a Divorce
November 19, 2011 by Karen In Category Divorce & Breakup
Do you know your own rights during that of a divorce? It’s important to consider this issue as many people assume they know something about the law because of what they’ve heard repeated to them by friends and relatives, or assume the law should work a particular way because it sounds logical to them. They may also know about how laws worked years ago, but may be surprised to find that things have changed since that time.
As an example, when one spouse has been ordered to pay child support, he or she may threaten their ex-spouse by saying they can have that amount reduced. It is true that the one that has been ordered to pay support can petition the court to have this amount changed, however, only the court can agree to that change and only if the judge agrees with that person’s reasons. If the person paying support has a reduction in their employment and salary, they may have their support reduced, but being angry at your ex-spouse is no reason for the court to allow them to pay less. If the judge does not agree with their petition, the amount they’ve been ordered to pay remains in force.
There are also many misunderstandings and assumptions about each spouse’s rights with children and property, such as who has the right to determine the religion in which they’re raised, the school they attend, and so on. Because most of these beliefs are based on assumptions and misinformation, it’s always good for those with children to consult with an attorney during a divorce so that everyone’s rights are protected, including those of the children.