Can I Be Protected From Debts That My Spouse Accrued During Our Marriage And During The Separation Due To Addiction Or Other Poor Choices?
We’ll generally review a credit report for both spouses to determine which spouse spent what amount of money. Marital debt is debt that was accrued for the purposes of the marriage, such as to pay for the home or for something that the children needed. Marital debt is generally divided between the parties.
If one spouse accrued credit card debt, then it may be possible for the other spouse to be protected from responsibility for that debt. For example, the spouse who accrued the debt might agree to take full responsibility for it, or the court might order that the debt be paid only by the spouse who was responsible for accruing it, particularly if that spouse admits that it was accrued for their own purchases. A clause could be added to the stipulated agreement stating that one spouse is protected from the debts of the other spouse.
If A Mother Wishes To Have A Protection Order Kept In Place Against An Ex-Spouse, And If She Shares Custody With That Ex-Spouse, What Will Happen?
Legal custody, physical custody, and parenting time are three separate things. If parents share joint legal custody, then both parents have to communicate and make decisions about the children together. One of the best interest factors is the ability to make decisions together, and if the parties can’t do that, then joint legal custody may not be recommended and may not be put into place by the court.
Physical custody has to do with making day-to-day decisions for the child, whereas legal custody has to do with more serious decisions, such as where the child will go to school, what religion the child will practice, what medications the child will take, and what extracurricular activities the child will participate in.
If there is an order for protection against one parent, custody can be handled in a couple of different ways depending on the level of danger. For instance, if there is a very serious threat of danger against the mother, the order of protection needs to be taken seriously. There are apps like OurFamilyWizard with a Tone Meter which track and monitor communication between parents to ensure that it is strictly about the children. In a situation like this, there will usually be language in the order that dictates parameters for communicating about the children, such as on certain days and/or times. I had a case wherein the father would repeatedly call the mother during her time with the children; we obtained a harassment restraining order so that the father could only call once, and would then have to wait for a return call from the mother.
When it comes to transitioning for parenting time from one spouse to the other, my recommendation is to do it in a place where there are cameras, such as in a designated area for exchanges. Many police departments have places like this in order to protect people when they’re doing online exchanges. That way, both parties know that everything is being recorded. If one of the parties is so volatile that that’s not going to work, there are parenting centers that can be used. In some cases, the assistance of police may be needed during transition times, which is unfortunate, because police are busy and it’s hard to drop a priority case for a parent exchange. In addition, this can be frustrating for the parents. Ideally, the situation between parents is not bad enough to warrant this level of oversight.
Another option is supervised parenting time for the abusive parent. Both parties would need to agree on the supervisor for the parenting time, but it would give both parents the opportunity to have parenting time with the children, while ensuring the children are safe.
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