Wisconsin is one of the states that does not have a set formula for determining alimony in divorce proceedings.
A new report says that without that predictability, some people might not get a fair shot.
Custody X Change, an online company that helps families navigate divorce, releases a new analysis of child support laws across the country.
The company's managing editor, Shea Drefs, said only about a third of states have a formula on the books.
The remaining states, including Wisconsin, essentially allow judges to approve an amount without a guideline.
Settlement agreements are often made in advance, but Drefs said that is not always the case.
“If you can't reach an agreement, because a lot of people who get divorced don't have very good terms,” Drefs said, “and they go to a judge and say, 'Okay, you decide what the alimony should be. ' .' When you go in there you have no idea what to expect.
Drefs said this can be particularly problematic for those who cannot afford an attorney to guide them through the negotiations.
The report also notes that of the states that have a formula, only 10 have guidelines for how long the payments should continue.
The authors recommend implementing guidelines in states where none exist and for ongoing evaluation of existing formulas.
Drefs said in cases where someone is unable to enforce fair terms, be it the person receiving the payments or the other half who is responsible for them, it can have a lasting impact.
“Poor alimony arrangements can have an impact on all ex-spouses,” Drefs said, “on their children – and it can have far-reaching effects.”
This may include housing instability or other forms of financial difficulty.
Drefs said that while existing guidelines can help a judge make a decision, there is still an opportunity to consider traditional factors such as the income levels of both spouses, their age and the length of the marriage.
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Virginia lawyers are collaborating on a program to keep families together.
The Family Preservation Project is a collaboration between the Virginia Poverty Law Center and the Virginia Legal Aid Justice Center. The aim is to create a better approach to family separation cases and improve the entire system.
A report from the Annie E. Casey Foundation found that neglect is a growing reason children in Virginia are placed in foster care.
Valerie L'Herrou, deputy director of the Center for Family Advocacy at the Virginia Poverty Law Center, said sometimes it's a different story.
“Something like an eviction or other legal matter can result in children being placed in foster care even though their families have done nothing wrong,” L'Herrou emphasized.
The two organizations say they take a holistic approach to legal work, providing comprehensive legal services for evictions and family separations, along with parent advocates who know the system and guide others through separations.
Virginia's Safe and Stable Families Program also helps connect families and children to the services they need to survive a crisis.
One sticking point that L'Herrou and others want to change is the price lawyers are paid to take on family separation cases. The flat rate of $120 per case has proven to be a deterrent to those who charge much higher rates for hourly services. She said this results in a lack of adequate legal representation for families.
“Lawyers just don't take the cases because they basically can't afford it,” admitted L'Herrou. “Even if they do, they don’t do anything – they don’t put in the time – because in their opinion, just showing up in court is enough. So one of the recommendations is to raise the $120 flat fee to $445.
For the first time in 20 years, the Virginia State Bar Association will advocate on this issue at the Virginia General Assembly and seek methods to improve the quality of legal services in certain child addiction cases. The association's application will be presented to the state Supreme Court for approval.
Disclosure: The Virginia Poverty Law Center contributes to our fund for reporting on civil rights, housing/homelessness, poverty issues and social justice. If you would like to support news in the public interest, click here.
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As the opioid crisis continues, more New Hampshire grandparents are seeking financial help to raise their grandchildren.
Grandparents who are already dealing with the emotional loss of their own child due to an overdose often foster multiple grandchildren who are themselves struggling with physical and mental health issues.
Denyse Richter, founder and executive director of Step Up Parents, a group that helps caregivers meet immediate financial needs, said grandparents help both their families and their communities.
“If these children have a better start, live in a loving home and can maintain family contact, that is the next best thing,” explained Richter.
Richter noted that an estimated 12,000 grandparents are raising their grandchildren as New Hampshire continues to have one of the highest rates of drug overdose deaths in the country.
Step Up Parents was founded in 2018 after Richter witnessed her own friend struggling with the daily challenges of raising grandchildren. Since then, Step Up has helped more than 500 families with more than 800 children cover unexpected medical bills, car payments and more.
Richter called the grandparents “unsung heroes” who never expected to care for children in their golden years, especially if they have a fixed income.
“I think it just means so much,” Richter emphasized. “To let them know that they are not alone and that we understand that this is really difficult and we want to help.”
While New Hampshire has dealt with the full brunt of the opioid crisis, Richter says the country also serves as a model for other states to help families get the resources they need during this crisis.
With the holiday season already underway, she added, it's important to show these families and caregivers how much they are valued.
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Many parents complete their families through adoption, and November was the month to raise awareness, recognize those still waiting to adopt, and celebrate those who have grown through the process.
About 20 families completed their adoptions in Missouri's St. Louis County Family Court this year, while more than 75,000 did so in 400 communities nationwide.
Julia Hampton, a Missouri Walmart employee and adoptive parent, said it's important to examine the benefits companies offer when you expand your family through adoption.
“Look into the programs offered by the company that employs you because they may have a program in place to reimburse you for adoption legal fees,” Hampton recommended. “Then you still have time to socialize and just spend some one-on-one time with them.”
Walmart ranks 46th in the Dave Thomas Foundation for Adoption's annual ranking of the 100 Most Adoption-Friendly Employers. It also ranks second for “Best Impact Breakout” among companies with more than 1,000 employees that offer the largest financial reimbursement for adoption to the most workers.
Alyssa Harp and husband Jason Harp completed a rare older teen adoption at an Adoption Day ceremony in Michigan this year. Alyssa said expanding her family with two teenage brothers has been rewarding and fulfilling.
“Their hearts are good. They want a family. They bring so much into our lives. “They are such good siblings,” Alyssa explained. “We’re just really excited to help them find a safe place where they can become great adults.”
Rebekka Krul, adoption specialist at Legacy Adoption Services, said National Adoption Month is a time to raise awareness of the many children in foster care waiting for their forever families and that should not end when the month is over.
“You don’t have to be rich, you don’t have to be married, you don’t even have to have a house,” Krul emphasized. “As long as you have a safe place and love children, we welcome you.”
Nationwide, more than 113,000 children from foster care are waiting to be adopted. That includes more than 12,600 in Missouri.
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