Fox Law Firm Blog
Contacting a Family Law Attorney
Lawyers can be intimidating, and a lot of people feel reticent to contact an attorney because they do not know what to expect. I want to make the process of talking to me as easy and as non-intimidating as possible. My goal is to create a stressless scheduling experience and to be able to reduce your stress and anxiety about your case. Here is what to expect if you contact me via various methods: 1) Phone call (4062040757) - If you give me a call for your family law issue, my excellent paralegal Connie will give you a callback. She will get a...
How Does a Retainer Work?
Whenever I do a consultation with someone, I will quote a retainer for their case, if desired. But, a lot of times, people do not know what a “retainer” is when it comes to legal fees, even if they have had a lawyer before, or have talked to other lawyers. Time to learn! Now, how does a retainer work? A retainer, in the legal world, is a sum of money that the person hiring the lawyer deposits into the lawyer’s trust account. The lawyer holds the money for the person in their trust account, and may only withdraw the funds “as fees are earned...
Are You Ready For Summer Break?
As a parent, I know that summer break is a major gear shift for kids. It can also lead to parenting issues with your ex. On top of all the changes summer break can bring, the Courts typically are not in session as often and it can be harder to get issues in front of a judge. Here are my top family law tips for summer break parenting issues: Improve Communication Yes, this can be tough. It's probably a big reason you aren't with your co-parent anymore. But these days there are some helpful, actionable tools that can help. Our Family Wizard:...
Child Support Basics
If you are splitting up and there are children involved, you will likely be getting a parenting plan. And part of any parenting plan is child support. There are a couple of ways to do child support: 1) You can agree on an amount - if you and your ex agree on how much the child support obligation should be, you can put that into the parenting plan. It is helpful to be as specific as possible about the terms (frequency, date, payment method, etc.). 2) You can have the amount calculated and enforced by Child Support Services Division (CSSD) -...
Divorce: Not Just a Legal Issue
Divorce and child custody cases are difficult for all involved. Your lawyer cannot necessarily help you with all of the problems that divorce and child custody cases can cause. Here are some helpful recommendations that I give my clients: 1) Go see a counselor: Counseling is a wonderful tool for those going through the difficult life changes divorce and child custody battles can cause. Even the most balanced, centered individuals benefit from a visit or two to a counselor. Usually, a series of visits in the best for individuals dealing with...
Back to School
In this time of pandemics, the phrase "back to school" brings more anxiety than usual. However, divorces can pose a whole other basket of issues with back-to-school times. Oftentimes, a parenting plan will have a different schedule for summer vs. school year. So, oftentimes, when it is time for school to begin again, it is a time for big parenting changes too. This can pose issues for the children, and it can also cause conflict between the parties. A few simple things can ease the transition to back to school: 1) Review your parenting plan...
Property and Divorce in Montana
I get a lot of questions about how property will be divided in Montana. Many folks mistakenly believe that we are a "50/50" state when it comes to property, but this is not so. This post will leave out a discussion of maintenance (or alimony) as that is a separate topic in many regards. In Montana marital property is "equitably apportioned." This is a subjective determination made by a judge based on a variety of factors, such as "duration of the marriage and prior marriage of either party, the age, health, station, occupation, amount and...
Have You Been Served?
"You've been served." The words no one likes to hear. The party who was served has 21 days to file an official response to the initial paperwork. But what happens if that response is not filed? Default! If a party has not filed a response to initial court paperwork within 21 days after being served, plus three days for mailing, the party who filed the initial paperwork can enter default against the other party. To enter a default, the party who filed the lawsuit just has to file a "Request for Entry of Default" with the clerk of court in the...
Dogs and Divorce
Yes, you read that right. Dogs and divorces. I have gone to court more than once when the couple could not agree on who would get the dog in a divorce. I know an attorney who did a full day trial on who got the couple's pet parrot! Pets are important, and they can be a real issue in a divorce. While there is no set law on pets in divorces, this is my observation on what the court seemed to care about when ruling on where the dog would go: 1) Who primarily took care of the dog: Generally in a household, one person does more of the pet care....
Interim Parenting Plans
If you are getting a divorce in Montana, or pursuing a parenting plan in Montana, you might want to consider an interim parenting plan. Interim parenting plans are useful if you and your ex are not getting along, or if are there certain provisions regarding parenting that you want to be ordered by a court. It can take a while to get an interim parenting plan in place, so it is best to pursue it from the very beginning of your divorce or parenting action if you wish to have one. Also, if you want an interim parenting plan there are some rules...
Holidays and Parenting Plans
Co-parenting around holidays can cause major issues between parties, and for children. Chances are, if you are divorced or divorcing in the state of Montana, you have a parenting plan. Most parenting plans have provisions for how to handle various holidays. However, if these are not specific enough, or of one or both parties do not want to follow the holiday schedule, you can have problems. If you are having a problem on the actual holiday, you need a copy of your parenting plan AND the court order ordering your parenting plan in order to...
Free Montana Family Law Resources
Can't afford an attorney? You are not alone. Luckily, there are a few good resources that you can look into: 1) Montana Legal Services Association - this is a great starting point. You may financially qualify for free or reduced fee legal aid, you can fill out the application online. To be very honest with you, most people don't qualify, or if they do qualify for a reduced fee attorney (known as a "modest means" attorney) it is hard to find a lawyer who will take the case. But, it is a good place to start your search, and you might end up...