Divorce and Custody
Divorce is never an easy or simple time in your life. Hopefully, you never have to go through one. If you must, however, DeFord Law has the resources and the knowledge to help you through this trying time.
In a divorce proceeding, you may deal with several issues, including: property and debt division; retirement plan division and qualified orders; tax refunds and liabilities; bankruptcy issues that coincide with divorce; custody and visitation of minor children; child support; health insurance and expenses for children; child care, if both parents work or attend school; educational and religious upbringing of the children; alimony (also called spousal maintenance in Idaho); domestic violence and protection orders to prevent it; and many other issues.
You may have custody and child support issues, either from a prior divorce or without a marriage. These matters can be as emotionally taxing as divorce.
You need an attorney wind your way through the maze. And you need an attorney who will listen to and counsel you and give you sound legal advice. We at DeFord Law will provide that for you. When you know what outcome is likely, you can make more informed decisions about your divorce or custody case, which will in turn allow you to maintain better control over the cost.
It doesn’t matter whether your overwhelming debt is caused by overspending, or by circumstances out of your control, like a job loss or unforeseen medical expenses, or by both. Bankruptcy should be your last option when dealing with your distressed finances. But, when your income is not enough to meet your living expenses, let alone the debt obligations thrust upon you, bankruptcy is probably your only option.
At DeFord Law, we know the law and can give you advice whether bankruptcy is a viable option and, if so, what type of bankruptcy is right for you.
Under Chapter 7 of the bankruptcy code, your non-exempt assets are auctioned off and the proceeds are used to pay a portion of your debts. For many of you, all of your assets are exempt, and the creditors will take nothing. After a few months, you are awarded a bankruptcy discharge. This is a court order that frees you from any further responsibility on your debts. You are then given a fresh start in your life, together with your exempt assets, or those necessary things that are not available to creditors.
Under Chapter 13 of the bankruptcy code, you generally retain your assets, even those that are not exempt. You must, however, pay a portion of your monthly income to a bankruptcy trustee for 36 to 60 months. These payments are used to pay a portion of your debts, or in rare situations, all of your debts without interest. Upon your completing your payment plan, you are awarded a bankruptcy discharge, just as you are under Chapter 7.
Every person has a different situation, and at DeFord Law, we give you personal attention and legal advice that makes the most sense for you. For some, bankruptcy is not an option, and we are not afraid to tell you. But, when bankruptcy is necessary, we work hard to get you relief from the unreasonable collection efforts of your creditors and the crushing debt burdens you carry.