Category: Family Law

Alimony Isn’t as Rare as You Think

Alimony isn’t as rare as you think. Growing up, when I heard the word “Alimony”, I thought of all the celebrity divorces that made headlines. Movies and TV shows always made it seem that alimony was only an option when there was a substantial amount of money in the marital estate. I always believed that if both parties in a divorce could or did work for a living, that alimony would not be an option. I held this belief up until law school. Even when I took my first Family Law class, and I was told Alimony was rarely granted and there had to be good reason for it.

It wasn’t until I started working in Family law that I realized this was not true. Alimony is an option for a lot of situations regardless of wealth level. Alimony, also known as maintenance or spousal support, is court ordered financial support that can be awarded in the divorce process. There are a few different types of Alimony, and the type is awarded based on the timing and need for the award. After a divorce complaint has been filed, a Court can award Alimony Pendente Lite (APL), which is temporary alimony awarded with the intent of helping the financially dependent spouse litigate the divorce. Spousal support can be awarded after parties separate but before a divorce is finalized to help the financially dependent spouse with living costs that they may not be able to shoulder themselves upon separating. Long term Alimony is a permanent or specified term of financial support that is awarded when the divorce is final. Courts consider a lot of factors when determining financial support for the dependent spouse, including the income difference and earning capacity between spouses, cost of living, need for support, and more!

Many people stay in unhappy relationships because they are worried about the financial strain of separation and litigating a divorce. If you’re like I was and think alimony is more of a myth than a real tool to help financially-dependent spouses, you may have more options than you think. Often, a family law attorney can advise you if you are a candidate for receiving support and help determine estimates of what a court may order. At the Law Offices of Jennifer J. Riley, we are proud to help our clients make informed decisions and pursue all support options that can help them through these difficult life transitions. Alimony isn’t as rare as you think.

Alimony isn't as rare as you think.

What’s This Every Other Weekend Thing Even All About? A Song About Separated Parents from the Perspective of the Child. – By Tyler E. Kaestner, Esq.

By Tyler E. Kaestner, Esq.

Country music singer Luke Combs’ new song “Take Me Out to the Ballgame” delivers a rare perspective. Written from the point of view of a child, the song describes the emotions and desires of coming to terms with his parent’s separation, and that his Dad is no longer living with him and his Mom.

The song begins by the Child recalling how he caught a foul ball at a baseball game, had it autographed by a player, and cherished it. He then shifts to talking about having to play ball with himself, and calling his dad to tell him he misses him, before asking if his Dad will take him out to the ballgame. The Chorus and second verse leave all pretenses behind – asking “what’s this every other weekend thing even all about?” – representing a common partial custody schedule that this Child is seemingly experiencing with his dad.

The Child in the song goes on to say that his Mom says she still loves his Dad, and in some way always will, and blames himself for his parents not being together: “I’m so sorry I was bad, I promise I’ll be better.” At the end of the second verse, the Child negotiates with his Dad: “cause I just wanna see you, and if you’ll come back, you don’t have to… take me out to the ballgame.”

The Child in this song clearly does not understand the adult complications in his parent’s relationship, he does not understand why his dad can not just pick him up from the house at any time, and ultimately, he just wants to be a kid and go see a baseball game.

Certainly, there are plenty of valid reasons and circumstances as to why the Child can not see his Dad regularly, and why the Child should not know about adult topics. However, what his song reveals is the innocence, confusion, and insecurity of a Child dealing with his world turning upside down. Sometimes, that perspective is lost in the middle of custody litigation.

While a lawyer’s duty is to advocate for his client, first and foremost, courts must consider the best interests of the child in determining a custody schedule. A family lawyer can help connect these interests, to ensure that the parent he represents, and the child, have a strong, loving relationship – which may be best served by allowing the other parent to come by for an extra visit if it helps the child transition to a new normal.

This is such an impactful song that I think every parent going through a custody dispute should listen to. It might just make your Child’s whole week if they could go to that ballgame with their other parent.