October 2022 - Penrod Swenson PLLC

October 28, 2022in Alimony, Divorce

What Is Alimony And Why Do I Have To Pay It?

Divorce is stressful. Sometimes when thinking about divorce, you forget to factor in what or how your ex-partner will survive. This is where alimony comes in. There are many reasons why a spouse may be required to pay alimony after a divorce. In some cases, it may be necessary to help the other spouse maintain their standard of living. In other cases, it may be ordered by the court as part of a property settlement.

What Is Alimony?

Alimony, also called spousal support or maintenance, is a payment from one ex-spouse to another following a divorce. In most cases, alimony is paid by the husband to the wife, although in some cases it may be paid by the wife to the husband. Alimony is usually paid monthly but can also be paid in a lump sum or as periodic payments. The duration of alimony payments varies depending on the marriage’s length and each spouse’s financial needs.

To determine whether alimony will be awarded and how much for how long, courts will consider several factors, including:

-The length of the marriage

-Each spouse’s age, health, and earning capacity

-The standard of living established during the marriage

-Each spouse’s financial needs and resources

-The contribution of each spouse to the marriage, including homemaking and childrearing contributions

-The relative earnings and earning capacities of each spouse

-The relative education and training of each spouse

-The relative assets and liabilities of each spouse

-The property division ordered the divorce

-The relative parenting time and responsibilities for any minor children

-Tax consequences of alimony payments

Alimony may be awarded temporarily (known as “rehabilitative alimony”) to allow a spouse time to gain education or training to become self-sufficient, or it may be awarded permanently (known as “indefinite alimony”). The court will also consider the marriage’s length when deciding whether to award indefinite alimony. Generally, marriages of shorter duration will result in shorter alimony, while marriages of longer duration will result in longer alimony.

Suppose you are considering divorce or have been served with divorce papers. In that case, it is important to seek the advice of an experienced family law attorney who can advise you of your rights and options concerning alimony. An attorney can also help you negotiate a fair and equitable settlement agreement with your spouse that considers all relevant factors, including those listed above.

What If Someone Refuses To Pay Spousal Support?

If you refuse to pay alimony, there can be serious consequences. The court can order you to pay a lump sum, known as retroactive alimony, or it can require you to make regular payments until the full amount is paid. Sometimes, the court may even garnish your wages or seize your assets. If you still fail to pay, you could be held in contempt of court and face fines or even jail time.

So, if you’re ordered to pay alimony and don’t think you can afford it, it’s important to talk to your attorney about your options. There may be alternatives that can help you avoid these serious penalties.

Another option is to negotiate a new payment plan with your ex-spouse. If you can agree, you can ask the court to approve it. This can be a good solution if you’re having financial difficulties, but it’s important to ensure that you can still meet your obligations under the new plan.

Do I Have To Pay Alimony Forever?

Alimony is often considered long-term payments from one ex-spouse to another following a divorce. While this is sometimes the case, alimony can also be short-term or lump sum payments. The duration and amount of alimony payments are determined by many factors, including the length of the marriage, each spouse’s earning capacity, and the needs of each spouse. Alimony can be modified or terminated if circumstances change, such as remarriage or cohabitation by the recipient’s spouse.

If you have any questions about alimony or divorce, please get in touch with us. We would be happy to discuss your case and help you understand your rights and options.

October 21, 2022in Divorce

Surviving Holidays During A Divorce

The holiday season is here. As Halloween passes, you may worry about the following holidays. Will the following holidays go as poorly as this one did? Will the communication get better? Divorce is not easy, but going through a divorce during the holidays can be challenging. Some things can help improve this tough time if you’re facing a holiday divorce.

The holidays are difficult for divorced parents. You may feel pulled in different directions or have to choose between spending time with your children or giving that time to your ex. But there are ways to navigate the holidays as divorced parents and make the best of a difficult situation.

Here are some tips:

1. Communicate with your ex: If you’re both on the same page about how you’ll handle the holidays, it will make things much easier. Talk about which days you will have the kids and how you’ll handle transportation. This will help avoid any last-minute conflict. Regardless of who your ex is, make sure to document your conversation somewhere. Documentation will help to remember what was said and the plan. If an ex gets upset or blows up over the pre-determined schedule, it will also help show the court that an agreement was already made.

2. Be flexible: If your holiday plans need to change at the last minute, be flexible. Although holiday times can be stressful, not working together will worsen situations. The most important thing is that your children can spend time with both of you. Remember that this is just a phase in your life. The holidays will eventually end, and you’ll be able to move on with your life. Try to focus on the positive aspects of your life and the future.

3. Make new traditions: Just because you’re divorced doesn’t mean you can’t create new traditions as a family. If your kids are old enough, involve them in the planning process. This can help them feel like they’re a part of something, even though their family is now divided.

4. Seek support: If you’re struggling to cope with the holidays as a divorced parent, seek help from friends or family. There’s no shame in admitting that this time of year is tough for you, and it’s important to have people you can rely on. Navigating the holidays as a divorced parent can be tough, but it’s not impossible. You can make the best of a difficult situation by communicating with your ex, being flexible, and making new traditions. And if you’re struggling, don’t be afraid to seek support from those around you. Also, make sure to focus on taking care of yourself. Focus on how you feel and do what you need to be okay. Take extra time to ensure you are in a good headspace for yourself and your children. If it has become too hard to cope or perform daily duties or tasks, consider talking to a therapist or counselor. These professionals can help you work through your feelings and cope with the stress of divorce.

If you’re going through a holiday divorce, these tips can help you get through it. Remember to care for yourself, spend time with supportive people, and seek professional help. Most importantly, focus on the positive aspects of your life and the future.

October 10, 2022in Contempt

What exactly is Contempt of Court?

If you are facing a contempt of court charge, it is important to have an attorney who understands the law and can help you build a strong defense. Contempt of court is a serious offense that can result in jail time, so it needs to be taken seriously. An experienced contempt attorney can help you navigate the legal system and protect your rights.

Contempt of court is a criminal offense when someone willfully disobeys a court order or violates the court’s dignity. There are two types of contempt: civil and criminal. Civil contempt occurs when someone breaks a court order, such as failing to pay child support or not showing up for jury duty. Criminal contempt occurs when someone interrupts a court proceeding or commits a crime in the presence of a judge.

Civil Contempt:

A civil contempt case is a legal proceeding in which someone who has been ordered to do something fails to do it. The court can find the person in contempt and impose fines or other penalties.

The purpose of a civil contempt proceeding is to enforce an order of the court. It is not to punish the person who has been found in contempt.

A civil contempt proceeding is usually initiated by the party seeking to enforce the court order. That party must file a motion with the court, asking that the other party be found in contempt.

The court will then set a hearing for both parties to present evidence and arguments. After considering all of the evidence, the court will decide whether or not the person who has been accused of contempt has violated the court order.

If the court finds that the person has indeed violated the order, it can impose a variety of penalties, including a fine, jail time, or both. The court will also usually order the person to take whatever action is necessary to comply with the original order.

Criminal Contempt:

A finding of contempt of court is a judgment that a person has disobeyed or disregarded a court order. It can also be found where a person has interfered with the administration of justice, or where they have acted in a way that shows disrespect for the court. A finding of contempt can result in a range of penalties, including a fine, imprisonment, or both.

The consequences of a finding of contempt depend on the severity of the offence and the jurisdiction in which it is made. In some jurisdictions, a finding of contempt is a criminal offense, while it is treated as a civil matter in others.

In most jurisdictions, there are two types of contempt: direct and constructive. Direct contempt occurs when someone disobeys a court order or commits an act of disrespect in the presence of a judge. Constructive contempt occurs when someone violates a court order without being present in court.

If you are guilty of contempt of court, you may be fined and/or sent to prison. The maximum sentence for contempt of court is usually two years imprisonment, but it can be longer in some cases. In some jurisdictions, a fine is the only penalty for contempt of court.

If you are facing contempt of court charges, you should seek legal advice as soon as possible. Our experienced lawyers can advise you on the best course of action and represent you in court if necessary.

Contempt of court is punishable by a fine or imprisonment. In some cases, the offender may be required to perform community service. If you are facing a contempt of court charge, it is important to have an attorney who understands the law and can help you build a strong defense. Our experienced contempt attorneys can help you navigate the legal system and protect your rights.

October 3, 2022in Wills

Wills 101- A plan for after you’re gone

What is a will?

A will is a document that establishes your wishes regarding what should happen to your property and assets after you die. A will can also appoint a guardian for minor children.

Why do I need a will?

A will ensures that your assets and property are distributed according to your desires. Without a will, the laws of intestacy in your state will determine how your property is distributed. Additionally, if you have minor children, a will allows you to appoint a guardian for them in the event of your death. The court will decide who should care for your children if you do not have a will.

What should I include in my will?

Your will should list all of your property and assets and how you wish for them to be distributed. It would be beneficial if you also named an executor for your will, who will be responsible for carrying out your requests after you have passed. Additionally, if you have minor children, you should appoint a guardian for them in your will.

How do I make a will?

You can either draft your own will or hire an attorney to help you. If you draft your own will, it is important to ensure that the document is properly executed and witnessed. If you hire an attorney to assist you with your will, they can help ensure that the document is adequately managed and witnessed.

Can I change my will?

You have the ability to change your will at any time. However, ensuring that any changes you make are correctly executed and witnessed is important. Otherwise, the court may not recognize the differences.

What happens if I die without a will?

When passing without a will, your property and assets will be distributed according to the laws of intestacy in your state. If you have children, the court will still appoint a guardian for them. Therefore, having a valid will in place is important to ensure that your property and assets are distributed to your child(ren) and that your children are taken care of by the guardian of your

What is not covered in a will?

Many things are not covered in your will. The first thing that is not covered is your retirement accounts. Retirement accounts have beneficiary designations that control who gets the money in the account when you die. Your life insurance policy is also not covered. Life insurance policies have beneficiary designations that control who gets the death benefit when you die. Bank accounts often have payable-on-death (POD) or transfer-on-death (TOD) beneficiaries that control who gets the money in the account when you die. Brokerage accounts often have transfer-on-death (TOD) beneficiaries that control who gets the money in the account when you die. Property that is held in joint tenancy with someone else will also not be covered solely on your will. Jointly owned property passes to the surviving owner(s) when one of the owners dies. This also includes property that is held in a living trust. Property held in a living trust passes to the trust’s beneficiaries when you die.

A will is a valuable document that can help tie up loose ends when you’re gone. A will should not be procrastinated if you want to ensure security for the people you leave behind. Please get in touch with our office about wills or estate planning. We would be happy to assist you.