Generally, it is the financial negotiations that tie up the divorce process, Frey-Bitzas said. “The custodial issue is generally one of the primary focus of attorneys. ‘Let’s make sure the children are settled,’” Frey-Bitzas said. “It’s the financial issue that carries on in court.”
She said her clients are usually surprised by the financial negotiations. She attributes it to the fact that people are still reeling from the divorce. “They are emotionally crippled people who need to think clearly. I find initially people underestimate what is going to happen,” Frey-Bitzas said. “They fail to recognize that the children are going to get older, and there are going to be additional expenses.”
When custodial parents are not receiving the support they need, they must go back to the court system. It may be financially difficult, Frey-Bitzas said, because they will need an attorney and will pay more legal fees. But it may be beneficial to have the court reevaluate the situation. “If financial circumstance changes, you can go back to the court and have it revisited, and the income can be adjusted, be it upward or downward,” Frey-Bitzas said.
She said she is not surprised at the number of people who reported that they are not receiving child support. She said it is common for a noncustodial parent to disregard the support order. “The piece of paper is worth nothing unless it is followed through on,” Frey-Bitzas said. “I think there is a big crack in the system.’
Michele Bush Kimball has a Ph.D. in mass communication with a specialization in media law. She has spent almost 15 years in the field of journalism, and she teaches at American University in Washington, D.C. She recently won a national research award for her work. She can be reached at m.kimball@divorce360.com.