Getting a divorce will require spouses and their children to make many different types of changes to their lives. These changes may continue in the years after the end of a marriage, and they may include plans to move to a new home in a different city, or even a major relocation to a different state or region. These plans can introduce a number of complications into the lives of ex-spouses, and in cases where divorced parents share custody of their children, certain procedures will need to be followed to make any necessary adjustments to custody orders.

In cases involving parental relocation, a parent will want to work with an attorney who can help them understand their rights, the issues that may affect them and their children, and the steps they can take to resolve any disputes that may arise. The law firm of Weiss-Kunz & Oliver, LLC provides legal representation in a wide variety of cases involving divorce, child custody, and family law, and we have a comprehensive knowledge of the laws that affect these cases. We work to ensure that our clients are prepared to address these issues effectively, and we provide them with legal help and representation when negotiating agreements, filing petitions, and appearing in hearings in court.

Common Reasons for Post-Divorce Relocation

There are many valid reasons why an ex-spouse may wish to move to a new home or community following their divorce, including:

Even at the best of times, a divorce is likely to involve conflict between spouses. While a couple may be able to negotiate with each other and come to agreements in some areas, they may reach an impasse when addressing certain issues. In many cases, disagreements involving a couple’s children can be especially difficult to resolve. To address these matters, outside experts may become involved in a case, and a judge may appoint a guardian ad litem or child custody evaluator. When dealing with these types of experts, parents will need to make sure to understand their rights and the ways they can protect their children’s best interests.

The attorneys of Weiss-Kunz & Oliver, LLC have represented clients in a wide variety of complex divorce and family law cases involving child-related issues. With our experience in these matters, which includes serving as guardians ad litem and legal representatives for children, we can help divorcing parents understand the best ways to proceed in these matters. We work to help our clients resolve disputes related to their children and other aspects of divorce as effectively as possible, ensuring that they will be able to move forward with their lives and maintain positive family relationships after completing the divorce process.

When Are Outside Experts Appointed to Address Child Custody?

When divorcing parents disagree about the allocation of parental responsibilities or how parenting time should be divided, it may be difficult for a family court judge to gain a full understanding of the issues involved in the case. While the arguments made by each parent will address the parents’ desires and their beliefs about what is best for their children, this may not provide a complete picture of the family’s situation. Since a judge will be looking to find solutions that will protect the children’s best interests, they may need assistance from other parties to gain information about the case and determine how child-related issues should be resolved.

Of the many complex financial issues that spouses may need to address during the divorce process, tax considerations can be among the most confusing. These issues can be a major concern for parents since the ability to claim children as dependents can affect the amount of taxes that a person will pay, the tax credits they can claim, and the tax refunds they will receive when filing their annual tax returns. Parents will need to be sure to understand how to address child-related tax issues both during the divorce process and after their divorce is complete. They will also need to understand how they will be affected by changes in tax laws, including the ability to receive advance child tax credits.

Advance Child Tax Credits for 2021

The American Rescue Plan Act, which was signed into law in March of 2021, allows parents to receive advance payments during the year for child tax credits that will be claimed on their tax returns for that year. For 2021, the child tax credit is $3,000 for a child under the age of 18 or $3,600 for a child under the age of six. Parents may receive monthly payments from the IRS between July and December of 2021, adding up to half of the total amount of the child tax credit. The remaining amount may be claimed on the parent’s tax return for 2021.

Children who will be 17 years old or younger as of December 31, 2021, will qualify for the advance child tax credit, and a parent may receive payments of up to $250 per month. For children who will be five years old or younger as of December 31, 2021, payments will be up to $300 per month. To qualify for the child tax credit, a child must have a valid Social Security number, and a parent must be able to claim the child as a dependent on their 2021 tax return. The tax credit is fully refundable, meaning that even if the amount of the credit exceeds the total taxes owed by a parent, the parent can receive a refund for the full amount of the credit. Even if a parent has an income of $0, they will be eligible to receive advance child tax credit payments, as long as they are eligible to claim tax credits for the child in 2021.

Coming to the realization that divorce is in your near future is no easy task. Going into your marriage, you likely did not even consider that divorce would be a possibility. Whether you have been married for a few years or a few decades, the pain that comes along with an ending relationship can be like no other. The emotional turmoil can be even greater for divorcing parents. Not only does the decision to divorce involve you and your spouse, but you also have to consider the implications that ending your marriage will have on your kids.

Rarely does anyone come to the conclusion of divorce lightly. Perhaps you have had a challenging relationship for years on end, and you are finally realizing that being apart might actually be better for everyone involved—children included. While watching your parents get divorced is undoubtedly difficult for kids of any age, seeing your parents happier as the dust settles can be an even more important lesson for children: Your happiness in life matters. While the early stages and legal process of your divorce will be challenging as a parent, with the following information in hand, you can enter into the process fully prepared for what is to come.

All areas of divorce are difficult: The decision-making, the legal process, and adjusting to a new lifestyle. For couples without children, divorce is a life change that happens on an individual level. However, once children are involved, the ending of a marriage involves your own healing as well as your children’s emotions about the decision. Telling your children about the split is half the battle.

What Do I Say (and Not Say)?

The way you present the news is almost as important as what you say. The following tips provide help on what you should say to your children when having the difficult conversation and how you should say it.