Dodgers owners divorce: You are not alone

Alex M. Neill  -  Mar 22, 2012  -  Posted in Uncategorized

Last year, the Dodgers owners made the news while they attempted to settle their divorce.  In January of 2012, a Judge signed off on the settlement agreement that they reached last fall, that calls for Frank McCourt to pay his ex-wife $131 million dollars by the end of April of this year.

I haven’t done a lot of research on their marriage and the terms of the McCourt settlement, as their divorce took place in California, and is therefore under California law.  I do not practice law in California, and do not know their divorce laws.

I do know, however, that high profile divorces demonstrate that you are not the only one going through a divorce.  A divorce is a high stress time for all of those involved, as you attempt to split up the life you have known, and attempt to begin anew.

The division of property and debts can be extremely stressful for both parties involved.  Montana divides property and debts according to “equitable distribution”- and you should discuss your particular questions regarding this division with your attorney.

It is important to keep in mind, that if you and your spouse cannot agree as to how to divide your things, you may get caught up in a divorce for several years (awaiting trial, and then awaiting a Judge’s decision).  Being in limbo for that long can be stressful and exhausting.  This is something to keep in mind in terms of potential settlement with your spouse when you are trying to reach an agreement to keep the matter out of court.

You can see part of the Dodgers Divorce story below:

http://espn.go.com/los-angeles/mlb/story/_/id/7481135/la-judge-signs-mccourt-divorce-agreement

 



Do I need to establish paternity in Montana?

Alex M. Neill  -  Oct 17, 2011  -  Posted in Child Custody, Child Support, Parenting Plans, Uncategorized

Paternity involves finding out whether a man is the father of a minor child.  Paternity can be presumed, but can be determined if necessary because one party disputes it.

Why can establishing paternity be important?

There are many important reasons.   Montana law requires both parents to support their child financially.  Therefore, it does not matter if you did not plan the pregnancy or the parents have never been married, child support will still be required.   Also, a child has the right to receive benefits from both parents.  So if one parent has insurance or inheritance or Social Security, a child has the right to receive these benefits.

The parents of a child can sign an acknowledgement of paternity.  This creates an irrebuttable presumption, which means it has the same effect as a district court order of paternity, and can be challenged only if the party can show that there was duress, fraud, or a material mistake of fact.

Montana law presumes that a child born of marriage is a child of that marriage.  However, if you are not married and one party disputes that they are the parent, paternity will need to be established to prove that that party is the parent of the child.

If you have questions regarding paternity, ask your lawyer.  You can set up an appointment with me to discuss any questions you may have as well.

 

 



Kalispell, Montana divorce mediation

Alex M. Neill  -  Oct 17, 2011  -  Posted in Child Custody, Divorce, Property Division, Uncategorized

What is mediation?

Mediation is a method used in divorce as a way to resolve disputes between two parties.  In mediation, a third party acts as a neutral mediator, assisting the parties in coming to a settlement on a disputed matter.  The process is completely confidential.

Sometimes you will attend mediation with a lawyer, and sometimes you will not.  Mediators charge by the hour (that will generally be divided equally between you and your spouse), and if your lawyer is there, you will also pay for them to be present as well.  A mediators’ hourly rate generally is similar to that of your lawyers.  You should ask any mediator you contact what their hourly rate is.  Mediation therefore can get expensive.  You will want to discuss with your lawyer whether they will also be present at mediation, but I would recommend to be sure to always speak to your lawyer before signing any agreement at mediation.

In Kalispell and Whitefish, Montana, (and all of Flathead County), there is a local rule that requires mediation before a case proceeds to trial.  This by no means means that mediation happens right away.  It only means that the parties are required to attend mediation prior to trial.  However, you can try mediation prior to even filing for divorce if you so choose.

Mediation is a great way to avoid court litigation.  If you and your spouse are in disagreement, a mediator will generally assist each party in realizing the strengths and weaknesses of their case, and the mediator will discuss what they believe will be the outcome if the case goes to court.

Remember, if you go to court, the judge will be making the decision.  Sometimes it’s worth compromising with your spouse, and reaching an agreement that you both feel is as equitable as possible.  A mediator is a great step to settlement outside of court.  Of course, whether or not you are able to settle your disputes through a mediator will depend on you and your spouse.  Disputes cannot always be resolved outside of the courtroom.

Who are some Kalispell, Montana, and Whitefish, Montana mediators?

A few choices for mediation are:  Randy Schwickert, of Schwickert Law Firm, of Whitefish, Montana; Shelly Brander of Kaufman, Vidal, Hileman P.C. of Kalispell, Montana; Brian Muldoon of Whitefish, Montana; Vanessa Ceravolo of Kalispell, Montana; and Mary Obermiller of Kalispell, Montana.  You can ask your lawyer for help choosing a mediator, and you should be sure to choose a mediator that you are comfortable with, just as you choose your lawyer.



Addressing some common divorce myths….

Alex M. Neill  -  Oct 17, 2011  -  Posted in Child Custody, Divorce, Uncategorized

In an online article entitled: “Debunking 10 Divorce Myths”  by David Popenoe, 10 common divorce myths are addressed.  While the information is interesting, and studies that have been completed on particular topics are discussed, it is information that each person can apply appropriate weight to, and take with a grain of salt.

Each person and marriage is different, and you never know what will happen in your own life.  If you have been wondering about particular myths you have heard, this is an article to consider.

Here is Myth #9 from the article:

“9: Marriage Ups and Downs”

“Divorce Myth: Being very unhappy at certain points in a marriage is a good sign that the marriage will eventually end in divorce.”

“Fact: All marriages have their ups and downs. Recent research using a large national sample found that 86 percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated when interviewed five years later that they were happier. Indeed, three fifths of the formerly unhappily married couples rated their marriages as either ‘very happy’ or ‘quite happy.’”



What is a Qualified Domestic Relations Order (QDRO) in divorce?

Alex M. Neill  -  Oct 05, 2011  -  Posted in Uncategorized

A qualified domestic relations order (hereinafter, “QDRO”), is a document used to divide retirement accounts.

This is a court order that the Judge will sign directing the plan administrator of the husband or wife’s pension or 401(k) to distribute a portion of those funds to the other spouse.  (In Montana, how much the portion being distributed will be depends on a number of factors you should discuss with your lawyer.)

Retirement benefits that are accumulated during a marriage are considered to be marital property.  Generally, retirement benefits that are accrued before the date of marriage will be considered non-marital property, which will not be divided between spouses during a divorce.

This allows the funds to be transferred to the other spouse without incurring a penalty or tax payment.

The receiving spouse will ultimately receive his or her own separate account.  If the participant spouse has a traditional pension, the plan administrator will need to establish a separate pension benefit for the receiving spouse. If the participant spouse has a retirement savings in a 401(k) plan, a portion of the plan funds will be rolled over to the receiving spouse, with no tax and no penalty.

Your lawyer will draft the QDRO for you, and the plan administrator for your retirement plan will review it.

Some benefits are not able to be distributed between divorcing spouses, including social security benefits.



How can I keep my lawyer costs and fees down in a Montana divorce?

Alex M. Neill  -  Sep 08, 2011  -  Posted in Child Custody, Child Support, Divorce, Parenting Plans, Property Division

I believe we are all looking for ways (and needing ways) to save money.  Especially in the current economy.

As much as I recommend having a lawyer to represent your interests in a divorce, I also recommend trying to keep those costs to as much of a minimum as possible.

So how do you go about doing that?

Of course you should first ask how much your lawyer charges per hour, and what a retainer may cost.  I would also ask for word-of-mouth from those you know on other lawyers they have used for their own family law issues.  Some lawyers bill more than others.

However, no matter how much you do, the main factor is that the cost of resolving your matters are very dependent on your spouse (or ex-spouse if that’s the case).  Spouses and ex-spouses who can agree can keep the process much more simple.

The more time spent arguing over things, and the more time spent in court, means the more you will have to pay your attorney.  Lawyers bill by the hour.  If you are able to agree with the other party, your lawyer can draft documents for you, and finalize these in court, and you can move on quickly with your life.

If at all possible, you should try to agree to the extent that you feel is fair and equitable to the both of you.  You don’t want to spend your life savings on a lawyer to argue over something that is going to be worth less than what you paid your lawyer in fees and costs.  Sometimes one should ask themselves, is it worth it?  Sometimes it is, sometimes it isn’t.  That’s a decision you have to make.  I recommend trying to come to the best agreement possible, and moving on with your life.  If you are forced to compromise, keep in mind the other party is most likely compromising too.



My ex-spouse has violated our parenting plan: how do I hold them in contempt in Montana?

Alex M. Neill  -  Sep 08, 2011  -  Posted in Uncategorized

If you and your ex-spouse have a Parenting Plan that has been ordered by a Court, and the other parent is not following the Parenting Plan or has violated the Plan in some way, then you should contact your lawyer.

If the only way to get your ex-spouse to abide by the Parenting Plan is by getting the Court’s help, your lawyer can file a Petition for Contempt.  A petition for contempt asks the court to force the other parent to follow your Plan and to punish the other parent for failing to follow the court’s order.

Your lawyer will ask you to write an Affidavit, with their help, that will demonstrate to the court how the other parent is failing to abide by your final Parenting Plan.

The other parent will be given the opportunity to show up in court and tell the court why that parent should not be held in contempt.  This opportunity for the other parent is called an Order to Show Cause.



Eureka, Montana, divorce lawyer, and Libby, Montana, divorce lawyer

Alex M. Neill  -  Sep 08, 2011  -  Posted in Uncategorized

Do you need a family law lawyer to help with your divorce, or parenting action?

Do you live in Lincoln County?

Keep in mind that you can contact a divorce lawyer in Flathead County, including Kalispell and Whitefish to handle your case.

Myself and my firm are getting many cases from Eureka, Montana and Libby, Montana, for people who need help with family law issues.  Montana lawyers can help people all over the state.  The drive time can be minimized, as a lot of work can be done over the telephone and by mail.  The most amount of time you may be billed is if your case is filed in Lincoln County and your lawyer has to make a couple trips up there.  Keep in mind that your lawyer will also bill you for court time in Flathead County if the case is filed in Kalispell.

So it doesn’t necessarily mean that it will cost that much more if your lawyer is located in Whitefish or Kalispell.

Out of convenience, a majority of our divorce and child custody cases are from Columbia Falls, Bigfork, Whitefish, Kalispell, Libby, and Eureka, but we can also help people all over the state of Montana.  The only real difference between counties is what rules apply locally, for different courts have different local rules, which your lawyer will research for you.



Advice from a Whitefish Divorce lawyer: Listen to your lawyer

Alex M. Neill  -  Aug 30, 2011  -  Posted in Child Custody, Child Support, Divorce, Parenting Plans, Property Division, Spousal Maintenance

The number one piece of advice that I can give is to listen to your lawyer.

Your lawyer is there to help represent your best interests.  If they recommend you do or don’t do something, then follow their advice.

Your lawyer will know what will and what won’t help your case, and can try to minimize the damage when something is not in your favor.

This especially applies to people with children and parenting issues.  Your lawyer is on your side, and is there to look out for you.

If your lawyer asks you to complete documents by a certain date, that means your lawyer needs these completed. Remember that your lawyer has to abide by the dates required by law for filing documents.  This means that you need to get the paperwork done in the time frame that they ask.

Allow your lawyer to guide you, and you will be much better off at the end of your case.



How is child support calculated in Montana?

Alex M. Neill  -  Aug 18, 2011  -  Posted in Child Custody, Child Support, Divorce, Parenting Plans

Child support is calculated the same in the state of Montana, no matter where you live.  I mainly do calculations for the Flathead Valley, including Whitefish, Kalispell, and Bigfork, but can do calculations for anyone in Montana.

So how is child support calculated in Montana?  Courts in Montana decide what amount is reasonable or necessary to raise a child or children by looking at several factors:

1) The financial resources available to the child;

2) The financial resources available to each parent (income, pensions, etc.)

3) The standard of living the child would have had if the parents were still together

4) The child’s emotional, educational, and medical needs

5) The age of the child

6) The cost of day-care, and

7) How much time the child spends with each parent.

These are all considered in calculating child support.  I would recommend you speak to your family law attorney about how child support is calculated for your specific situation and needs.  It is also possible for your family law lawyer to write up your parenting plan and have MT Child Support Enforcement Division calculate child support.



  • Phone: 406-862-3920

  • Alex M. Neill, Esq.

  • Alex M. Neill is a family law attorney with Johnson-Gilchrist Law Firm, P.C. in Whitefish, Montana. She practices family law in the state of Montana, representing clients in divorce, child custody, child support modifications, adoptions, orders of protection, guardianships, and wills and trusts.

    Call (406) 862-3920 to schedule an appointment.

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    The information on this blog is published for general educational and news reporting purposes only and should not be construed as, and is not intended to be, legal advice. This blog should not be used as a substitute for personalized legal advice from an appropriate licensed attorney in your jurisdiction. No attorney-client relationship with Alex Neill or Johnson-Gilchrist Law Firm is formed by your use of this blog.