Lee March Grayson, Attorney At Law
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Plan for your Post-Divorce Economic Independence
Many people do not pay their court-mandated child and spousal support obligations. Non-payment of support could be the result of willful non-support or the unintended consequence of unanticipated corporate downsizing or cutbacks within an ex-spouse's field. Regardless of the reason, you must prepare for this possibility.
Upwards of half of all cases in which divorce judgements have been entered end up back in court. Many of these cases seek to enforce various aspects of " 'amicably' " agreed-upon support provisions, whether negotiated in a property settlement agreement or as part of an in-court resolution. This is particularly true in the case of child support.
True, there are many laws designed to enforce and promote payment of these obligations. Collection of child support through the county probation department and state and federal willful non-support laws are some examples. However, these laws have limited success.
Many people simply do not honor their support agreements. Courts have limited resources with which to enforce these agreements. Sadly, in many cases, only part, or sometimes none, of the required child support ever gets paid.
So what does this mean for you? When planning your divorce, understand the reality that you cannot rely on receiving anticipated child or spousal support payments. Try not to plan your budget around anticipated child support. Your soon-to-be former spouse may pay for a little while, but those payments are not guaranteed, despite court orders to the contrary.
This does not mean that you should ever abandon your efforts to enforce collection of support. Be aware that you could - and some people do - spend large sums of money trying to enforce support obligations with little or no success. Remember, no attorney can ethically guaranteed a successful outcome in your case.
Keep in mind that some ex-spouses die. Some die without ever having secured the required court-ordered life insurance or Qualified domestic Relations Order (QDRO) to allocate a portion of their pension plan to the ex-spouse. Some former spouses stop looking for work or even refuse to get a job - any job!
So what should you do? With this reality in mind, you must develop a plan for your economic independence. This is very hard to do and requires considerable perseverance, but it is essential in today's difficult economy.
Where do you see yourself one, three, and five years from now? Do you have a job? How secure is your job? Can you advance to a better paying position within the corporation? Or can you network yourself into a better paying job with another company?
What are your job skills and work history? Are you returning to the job market? Do you need to finish your degree or attend school to get a certificate of training in a specific field?
What types of financial aid are available to help pay for your continuing education or job retraining? Do you qualify for a scholarship or grant? Can you get a loan from family or friends?
Seek out a job counselor. Develop a powerful resume. Go to the Women's Center at County College of Morris for guidance.
This is a process that takes time, dedication, and focus. Almost certainly, you will feel as if you are being pulled in many directions. However, by focusing on your plan for economic independence and with hard work, you can create a much better future for yourself and your children
Prepared for the Women's Center at County College of Morris, copyright 2011 by Lee March Grayson, Esq.
Other articles include: In a Divorce Action: What Should You Do If He Files First?
