Posted on January 10, 2022 in Trusts

Pretty much every parent wants the best for their children. Meeting their daily needs and instilling good virtues are excellent steps, of course. But, do you have contingency measures in place to ensure that your little one will continue receiving amazing care should something happen to you?

Understandably, it is never easy thinking about your own mortality. However, the arrival of children into your life has a way of bringing this subject to the forefront. Of course, no one knows what the future holds. However, with a little foresight and planning, you can have peace of mind knowing that all will be well with your assets and loved ones should you pass on or become incapacitated.

Here are two important estate planning considerations that you should take seriously if you have children.

Including a guardian designation in your will

Who will take care of your kids when you and your spouse pass on or become incapacitated? If you are yet to make arrangements to ensure your little ones will end up in proper households, you are doing them a great disservice. Designating a guardian in your last will and testament gives you peace of mind knowing that your child will be cared for in the event of your demise.

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 Posted on December 29, 2021 in Divorce

Nothing is a guarantee of divorce, including getting married young. However, statistical analysis of marriages and divorces has shown that those who get married at an exceptionally young age have a higher likelihood of getting divorced.

In fact, there are those who recommend not getting married until your 30s, if you want to lower your odds of divorce. But why is it that getting married in your early 20s or even your teens may increase your divorce odds?

You have more time to drift apart

One reason is simply that you and your new spouse may drift apart as you grow up. You have more time to do so, and your teens and early twenties are a time when you are going through a lot of mental and emotional changes. You’re developing as a person, and you’re turning into someone who is very different than who you were when you were younger. If you and your spouse change in different ways, you may realize that the marriage no longer works.

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 Posted on December 22, 2021 in Wills

If you’re preparing to get married for the second (or subsequent) time, you’ve likely got a lot on your mind. Don’t forget the importance of updating your estate plan. If you don’t have one, now is the time to get one. This is particularly crucial if you have children from your previous marriage(s).

If you already had an estate plan when you divorced, you likely removed your former spouse as your beneficiary on retirement and investment accounts and removed their power of attorney (POA) over your finances and health care. (If you didn’t, now’s probably the time to do that.)

Let’s look at some key items that may require further revision as you remarry.

Your will

You’ll likely want to change that to reflect the fact that your new spouse will get a portion of your assets. Remember that if you don’t have a will, all of your assets will likely go to your surviving spouse who can do with them as they choose – potentially cutting your children and other family members out completely.

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 Posted on December 08, 2021 in Trusts

When it comes time to devise your estate plan, everything may not be cut and dried. You may have some potential beneficiaries you do not want to have unfettered access to the funds. You fear that they might spend excessively, use their legacy to drink or drug their life away or even have the funds diminished by a spouse’s influence.

In those and other related circumstances, one estate planning option to consider is funding a spendthrift trust. Below are some important things to know about these types of trusts.

How are spendthrift trusts structured?

When you set up a spendthrift trust, you appoint one or more trustees to oversee the management of the trust and make scheduled disbursements to your beneficiary. The key here is that the beneficiary does not have access to the trust’s principal.

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 Posted on November 22, 2021 in Child Custody

Child custody is not always cast on stone. When Ashburn parents divorce or separate, the court will always issue an order that outlines the custody as well as visitation arrangements. However, the court is always open to a review and modification of this order based on the prevailing circumstances and the state’s family code. 

All it takes is for one or both parents to petition for modification and the court will review and grant or decline the request. Basically, the court will modify the custody order if the judge establishes the following:

• There has been a substantial change of circumstances affecting the child’s welfare; and
• The modification serves the child’s best interest

Here are two possible examples that warrant a modification of a custody order:

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 Posted on November 10, 2021 in Divorce

Divorcing as a parent comes with additional responsibilities. One of those is keeping your children informed of what is happening.

Talking about divorce can be hard. You may be unsure about your feelings, as well as uncertain of how things are going to turn out. While you can share your uncertainty and confusion with a good friend over coffee in Ashburn, doing so with your children may not be so easy or wise.

The good news is your children do not care about a lot of the stuff you are worried about. The younger they are, the more true that will be. No ten-year-old cares what percentage of the marital debts you take on. No one-year-old knows what health insurance is, let alone thinks about how divorcing will remove your entitlement to health care through your spouse’s employer.

Kids want to know how divorce will affect them

It is not that children are selfish and do not care about you. Rather, it is that many adult concepts are beyond them or their sphere of interest. Keep things simple and tell them how life will change for them. Here are some things they definitely will want to know:

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 Posted on November 10, 2021 in Divorce

Once an Oak Hill judge has signed off on your child custody agreement, they would prefer not to hear from you again. They hope that you, as parents, will be able to work minor issues out between you.

You should generally aim to stick to the custody agreement you draw up, especially if there are problems between you. If you veer from the agreed routine, a bitter co-parent could try to use that against you. Yet, sometimes there are valid reasons to deviate.

Sometimes you need to adjust parenting schedules to benefit your child

Remember the overall goal in custody agreements, and as parents should be to do the best for your child. Here are two times sticking rigidly to the plan would not be in the best interests of your child:

• One of you is ill: Taking care of a child can be hard enough when you feel at your best. When you become sick, you may not have the energy. If you help your co-parent by taking your child when they are ill, they are more likely to do the same for you. It means your child will get a better quality of care.

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 Posted on October 29, 2021 in Divorce

During a divorce, former spouses have to completely separate their legal and financial lives from one another. Often, the focus is on splitting property and sharing custody, but there is also estate planning to consider.

Spouses typically include one another in their end-of-life plans, a decision that necessitates timely estate planning updates when either spouse files for divorce. There are numerous changes that you may need to make to your estate planning documents when your marriage ends, including the three below.

Removing your spouse as a beneficiary

You likely named your spouse as the recipient of any proceeds for your life insurance policy. They are also likely the main beneficiary of your estate planning documents. Obviously, now that two of you have decided to go your separate ways, you won’t want your ex inheriting the majority of your property. You will need to consider how you want to update your beneficiary designations and legacy to reflect your new family circumstances.

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 Posted on October 16, 2021 in Family Law

Most parents are eager to participate in the care and raising of their kids, even if they are divorced. Unfortunately, some noncustodial parents fail to comply with court orders concerning child support. 

Some reasons that they do are more common than others, as described below.

Why do parents stop paying child support?

Three common reasons for non-compliance with child support orders here in Herndon, Virginia include a parent:

• Cannot afford child support
• Disputes the amount of support ordered
• Plan to catch up on payments later

Unfortunately, you cannot change or make decisions about child support after a family law court has issued an order. If you do, the Virginia Division of Child Support Enforcement (DCSE) will take action against you to collect past due payments.

How do the authorities enforce child support orders?

Several different techniques exist that enable courts and the DCSE to collect past due child support. Examples of effective enforcement methods include the following.

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 Posted on October 05, 2021 in Divorce

Often, during a divorce, spouses’ decision-making is clouded by emotions. People who have never been on the wrong side of the law often find themselves doing and saying things that are completely out of character. Pain and disappointment can manifest themselves in a variety of ways. 

Mistakes made during divorce proceedings can have drastic consequences. Divorce is difficult for anyone, but it becomes even more complicated when one or both parties make mistakes that could potentially result in criminal charges. 

Actions to avoid in a divorce

Divorcing spouses make mistakes all the time, but you can avoid them by knowing about them and doing the following:

• Property damage: The emotional pain of separation and divorce has led many to retaliate out of revenge. If tempted to damage your soon-to-be ex’s personal property, don’t. Criminal charges will not help the situation. 

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