KANSAS, MI / ACCESSWIRE / June 12, 2024 / Judge Paul Burmaster, the 2nd most senior judge in the Family Division of the 10th Judicial District Court in Johnson County, Kansas, recently shared insights on the most common issues in divorce cases. Since his appointment in July 2019, Judge Burmaster has presided over more than 2000 cases, making him a pivotal figure in Family Court. During the chat, he emphasized how judges consider various factors to ensure children live comfortable lives post-divorce.
Discussing parenting time, Judge Burmaster noted that it is one of the most contentious issues in divorce cases. He emphasized that the primary concern is the child's best interest. Judges, Burmaster said, evaluate various factors, including each parent's relationship with the child, their ability to provide a stable home, and their willingness to foster a positive relationship between the child and the other parent. The goal, he noted, is to create a parenting arrangement that supports the child's emotional, mental, and physical well-being.
On the topic of child support, Judge Burmaster explained that child support is to ensure the children's financial needs are met after their parents' divorce. He explained that child support calculations are based on multiple complex factors including the parents' incomes and the child's needs at various ages. The intent, Judge Burmaster said, is to maintain the child's standard of living and cover expenses such as education, healthcare, and extracurricular activities. Judges, he noted, strive to ensure that support payments are fair and adequate, reflecting the child's best interests. But, he noted, both parents are often unhappy with the support. Those who receive often think it isn't enough, and those who pay often believe it is more than they can afford. Unfortunately, both positions may be fair. Divorce and living apart are costly to both parties.
Judge Burmaster also addressed the division of marital property, stating that judges aim to divide property equitably, considering each spouse's age, the duration of the marriage, property owned by the parties, and their financial needs post-divorce among other factors. He clarified that equitable distribution does not always mean equal but rather fair, ensuring both parties can maintain a reasonable standard of living.
Regarding the division of marital debts, Judge Burmaster emphasized that judges look at multiple factors including the type of debts, who incurred them and why, and each party's ability to repay as well as tax consequences and the future earning capacity of the parties. The goal is to divide debts in a just manner that does not disproportionately burden one spouse, ensuring both parties can move forward financially.
Judge Burmaster also discussed spousal support, formerly known as alimony, which is awarded to ensure that neither spouse faces undue financial hardship after the divorce. He explained that spousal maintenance decisions are based on factors such as the length of the marriage, each spouse's earning capacity, and the parties' needs. The intent is to provide temporary financial support to help the lower-earning spouse become self-sufficient as they transition to a new life.
Relocation requests, Judge Burmaster added, can significantly impact parenting time arrangements. He highlighted that judges carefully scrutinize these requests, considering a whole host of factors including the reasons for the move and the potential impact on the child's relationship with both parents and the child's best interests. To assist in this decision, the judge may order an investigation by appointing an attorney for the child (a GAL), ordering a custody evaluation, or appointing a CASA (Court Appointed Special Advocate). The objective, Burmaster said, is to balance the relocating parent's needs with the child's need for stability and continued contact with both parents.
Throughout the chat, Judge Burmaster emphasized that the overarching priority in divorce cases is first the well-being of the children involved and second the fair, just, and equitable division of assets and debt. By carefully considering parenting time, support, property division, debts, spousal support, and, sometimes, relocation, Judge Paul Burmaster said, judges aim to create a post-divorce environment where children can thrive. The goal, he said, is to minimize the disruption to their lives and ensure they receive the support and care they need.
CONTACT:
Judge Paul Burmaster
https://paulburmaster.com
Email: burmaster@paulburmaster.com
SOURCE: Judge Paul Burmaster
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