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Omaha Fathers' Rights Legal Blog

Helping men protect their interests

Several previous posts on this blog talked about mistakes men commonly make during the course of a divorce or legal separation, and, to some extent, other family law matters.

For instance, some men might use the occasion as a time to get a new, lower paying job, but that can create bad legal fallout as well as financial problems. Likewise, another post discussed how a man may not want to try to hang on to the house, as doing so can turn out to be a bad financial move, particularly if one cannot afford the upkeep.

It might not be a good time to quit that job

Many fathers and soon-to-be fathers have jobs that, less face it, they do because it brings in a paycheck. Many men in Omaha and the other communities of Eastern Nebraska probably would like at some point to change professions and do something they truly find fulfilling, even if it means taking a significant pay cut.

This is certainly not a bad thing per se, and fathers have a right to do this. However, a dad who is in the midst of establishing paternity or going through a divorce or separation may want to think long and hard about his timing if he wants to make a shift to his dream job.

Why unmarried fathers should establish paternity

Many children are born to unmarried parents. While a mother is automatically considered the parent of her child through giving birth, Nebraska laws make it harder for unmarried fathers to assert their rights. Although it doesn't take much more than a DNA test to prove that you are the biological father, your unmarried status will still prevent you from participating in many aspects of your child's life.

No matter how strong of a relationship you have with your child and the birth mother, it is still important to legally establish your paternity in court. Even if your relationship with the birth mother is strong, circumstances may change down the road, and you could lose access to your child. Here are a few ways your child may benefit from your legal status:

Is it always a good idea to fight for the house?

Like other marital property, the home where an Omaha couple lived during their marriage will have to be divided as part of a Nebraska divorce or legal separation.

In the case of a couple who made a lot of money, this house can be a valuable asset worth hundreds of thousands or even millions of dollars. However, in a high-asset divorce, as in the case of all splits, is important for men to keep their heads about them when deciding how they want to handle the home that they may have worked very hard both to purchase and maintain.

The tax consequences of alimony will change soon

To follow up on this blog's previous overview of how alimony works in Nebraska, dads in the Omaha area may want to think about whether it is to their advantage to come to an agreement about alimony quickly.

This is because, in about two months, after the end of the year, men who pay alimony will no longer enjoy the benefit of a deduction on their federal income taxes for those payments.

Overview of alimony on Nebraska

Like other states, Nebraska allows its courts to award what are called alimony payments to either spouse following a divorce.

Nebraska courts have broad discretion to decide whether and how much alimony to award. The courts must consider a range of factors the ultimately boil down to deciding whether alimony is needed in order to fairly balance the wealth and earning potential of the parties.

Is separate parenting still the norm?

There is an old stereotype about divorced dads and their children. The trend of the weekend dad, taking their kids to breakfast on Saturday morning and spending short weekends together. Movies like “Mrs. Doubtfire” reinforce the idea of distant fathers who do not get to spend enough time with their children. But is this stereotype still true?

What are current trends in child custody?

What exactly is shared custody?

Many parents in Omaha may either have what is commonly referred to as a shared custody arrangement or may at least know someone who does. However, dads who are new to the world of figuring out child custody and parenting time may not fully understand exactly what shared custody entails.

Shared custody in of itself is not a legal term but is instead a phrase used to describe one, or both, type of joint custody.

Am I allowed to keep my offshore account?

In cases involving divorce or, for that matter, other types of separation, especially when the couple splitting has a lot of assets, there is always a concern that one of them will try to conceal wealth outside the reach of the other party. The plan in this case would be to wait until a more convenient time when they can access the money for themselves without having to share it.

It is of course improper to conceal assets in a high-asset divorce, or even when a couple only has a modest amount of wealth between them.

Technology can help fathers in strained co-parenting situations

Co-parenting with a former spouse can be a challenging aspect of your life after divorce. Particularly in cases where a former couple does not easily maintain civil discourse, it can be difficult for fathers and mothers to have a cooperative relationship as co-parents. Fortunately, there are tools and resources available for all parents in Nebraska who need some assistance with their strained co-parenting dynamic.

Parents with a shared or joint custody arrangement need to find a way to work collaboratively even after a difficult or hurtful divorce process. No matter the dynamics or drama of the past marriage, the two of you are still co-parents. To simplify and streamline the responsibilities of shared parenting, consider some technological tools.

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The Law Offices of James A. Adams, P.C., L.L.O.
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Omaha, NE 68137

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