Fathers Need To Protect Their Rights During A Divorce

During a divorce, many fathers feel displaced from their life and the lives of the children. In order for a father to gain custody of their child, they often have to prove that the mother is unfit to take care of their children. The non-custodial parent always ends up paying child support and many fathers feel heartbroken over the loss of their children and financially strained.

The courts have been changing their attitude towards fathers in recent years and awarding more custodial or visitation time with fathers. Each state and county has their own set of rules, but the majority of them follow the best interest of the child standard. The court is concerned about the child having frequent and continuing contact with both parents for a more well-rounded child.

Property Settlements

In addition to concern over their children, property settlements are often a point a couple cannot agree on. If a father used pre-marital assets to purchase a marital home, that amount could be exempted from the equity in a home. The money a father used could have been from a 401K, inheritance, savings, or the sale of another asset. Calculating the correct amount can be complicated and a father should consult an experienced family law attorney.

Child Support

The parent who has custody of the child usually receives child support. There are exceptions to this rule. If the custodial parent makes more money than the non-custodial parent, the custodial parent could end up paying instead.

Medical Payments Or Daycare Expenses

If the father is the main wage-earner in a marriage and pays for the health insurance for their children, this should be calculated into the child support payment. The courts usually deduct the amount a father pays from their monthly obligation to the custodial parent. If the father is currently paying for daycare expenses, this will also be used in calculating the monthly child support payment.

Fathers rights in divorce should be protected by an experienced attorney. The outcome of a property settlement, possible spousal support payments, the loss of a portion of their retirement, and child support payments can set an individual back financially for many years.