Post-Dissolution Issues
by: Montana Legal Services Association (MLSA)
These are things to think about after your dissolution (divorce) is done.
Remember to follow the decree!
The court will give you a decree of dissolution. This officially ends the marriage. It ends all issues brought up during the dissolution. If you have kids, it could include a parenting plan. You should keep a copy of the decree in a safe place. You need to follow all orders in the decree. This may include:
- Paying your share of the marital debts; and
- Making sure car titles and other titles are signed over to the right person.
If you get support payments directly from the other parent:
- Keep a written record of all payments; and
- Make copies of all checks and keep them in a safe place.
If you changed your name:
- Keep your conformed copy of the decree as proof of the name change;
- Notify the Social Security Administration (SSA) and complete the forms to get a new identification card;
- Update your driver's license with the Department of Motor Vehicles;
- Change your name on other important legal papers (e.g, powers of attorney, living wills, trusts, and contracts); and
- Notify other people and institutions who you deal with (e.g. friends and family, employers, schools, post office, banks, creditors, telephone and utility companies, insurance agencies, the Public Assistance office, etc.).
Some tax issues to keep in mind:
- The IRS generally assumes that the parent who has the children most of the time gets the child tax exemptions. But that parent can let the other parent claim the exemptions by using IRS Form 8332.
- Your marital status for tax filing is set as of the last day of the year. If you are still married on December 31 (and you file based on a calendar year, as most people do), you must file as married. You can do this jointly or separately. If you are divorced by December 31, you must file as single (either as head of household or not).
- Contact a tax professional if you have further questions or think you may be eligible for other tax credits.
Can I get the parenting plan changed later?
You can ask the court to change the original plan if:
- There has been a change of circumstances
- Changing the plan will be in the best interests of the children
The court may consider other factors, too. These may include:
- Whether both parents agree to the change,
- Whether one parent plans on moving and taking the child,
- Whether one parent has refused to allow the other parent to see the child, and
- If a child who is 14 or older wants the change.
What do I do if I want to change the parenting plan?
First, look at your parenting plan to see if there is a section about dispute resolution. This means a section on how to proceed if you and the other parent cannot agree. You should follow what it tells you.
If there is no section about dispute resolution, you can try mediation first before going back to court. Mediation is a chance for you and the other parent to try to work out your disagreement with a trained, neutral professional.
What do I do if I decide to move?
First, ask yourself if the move will "significantly affect" the other parent's contact with your kids. If yes, than you must give the other parent 30 days written notice. You must:
· Give the 30 days notice before you move,
· Include a proposed new parenting plan,
· Give the notice to the other parent by certified mail or personal service, and
· Give the court proof that you notified the other parent.
If the other parent disagrees with your proposed new parenting plan, you may have to go to mediation and/or court before you move. Please be aware that there are crimes against disallowing the other parent from having contact with the kids. You want to be sure that you have followed the law. You want to make sure you have a new parenting plan that allows you to move with your children.
Where can I get more information?
MLSA HelpLine: (800) 666-6899
Need legal help? Call the HelpLine. Open Monday-Friday from 9 am to 4 pm.
MLSA staff will help you apply over the telephone. If you qualify, you could:
- get an appointment with an MLSA advocate, or
- be referred to a free attorney, or
- get signed up for a self-help class, or
- get self-help materials.
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