Divorce, Child Support and Custody, and the Effects on Your Will

Author: MatadorAdmin Posted on: . Filed in: Uncategorized.

Bloomington Family Lawyer

If you have been through a divorce and you have minor children, you no doubt remember the difficulty of making decisions about their support and custody. Often, child support, custody, and visitation issues are the most difficult and painful parts of a divorce proceeding. If you have been divorced for some time, you probably also understand that your carefully considered arrangements will likely change as your children age and as your life moves on. For example, you may get a new job and need to move out of state, or an older child may request a modification to his or her visitation or custody agreement. Even if these decisions have been relatively painless to this point, you likely have very specific preferences regarding where your children live and who will be responsible for their care.

Consider for a moment what may happen to your children in the event of your death. This is undoubtedly an unpleasant thing to think about, but it is important, particularly if you have been through a divorce from the father, mother, or other legal guardian of your children. Even if you are young and healthy, if you worried about who would assume care for your children if you are gone, it is important that you bring your concerns to a qualified and competent family law attorney who can help you put a plan in place to make sure that your wishes are upheld even if you are no longer around to see them through.

Creating a will is more than just distributing your assets after you die. A will can also propose a person who will assume guardianship for your minor children after your death or, perhaps more importantly, list who you would wish to not assume guardianship of your children in your absence. It is important to remember, however, that any designation you make in your will regarding the care and custody of your children must be approved by a court and will likely involve the amendment of any custody and child support order currently in place. You may want to consider setting aside money in your will to cover the costs of any legal proceedings necessary to affect your wishes.

You may also want to consider how your assets will be distributed to your minor children. An attorney specializing in wills and trusts can help you determine the best mechanism for protecting the money and other assets that you leave to your children and can also help you maximize their inheritance by avoiding unnecessary estate taxes. This may be especially important if you have concerns that your child’s guardian will not be a good steward of any inheritance they receive.

It is always important to have a plan for your assets in the event of your death. This is even more true and important if you must plan for the care of your children after a divorce from their co-parent or guardian. Consider reaching out to a competent Bloomington family lawyer at Pioletti & Pioletti today who will be able to advise you regarding how to best set up your will to make sure that your family is safe and well-cared for in the event of your death.