Children add a layer of complexity to a divorce case, as child custody, parenting time, child support, and decision-making about the child are now involved and must be legally determined. The money involved in a divorce with children can be significant, with additional legal fees, court costs, and other expenses related to contested versus uncontested divorces.
While every divorce case is different, understanding what drives the cost of a divorce when children are involved can help you plan carefully and protect the future and well-being of your child. Hiring an experienced divorce attorney is the best way to get peace of mind when dealing with child custody, alimony, and asset division.
What is the Average Cost of Divorce With Children?
The average cost of divorce with children is typically higher than a divorce that does not involve children, as there are additional legal considerations. This means that there could be more court involvement, especially if parents do not agree on terms. The average length of divorce proceedings is one year.
On the other hand, if parents agree on custody and support terms early, the divorce process may become more streamlined, potentially lowering costs.
In child-related divorce cases, attorney time is often spent ensuring agreements are detailed and enforceable. While this may increase upfront costs, it often prevents expensive post-divorce litigation later.
It is important to create a post-divorce budget to understand your future financial needs and to negotiate a fair settlement. Creating a clear budget can help you plan for life after divorce and avoid unexpected financial challenges.
Factors That Increase the Cost of Child Custody and Child Support Cases
There are several factors that can influence how expensive a divorce with children involved can become.
Some examples are:
- Child Custody/Child Support
- Disagreements over Child Custody/Child Support
- Physical Custody
- Parenting Time Schedules
- Paternity
Additionally, if a parent disputes income, childcare costs, extracurricular expenses, or health insurance responsibilities, legal fees tend to increase.
High-conflict custody disputes may also involve custody evaluations, guardian ad litem appointments, or expert testimony, all of which increase the time and effort required for the divorce and lead to higher costs. When parents are unable to resolve disagreements, it often results in increased legal fees and prolonged proceedings.
Divorce With Children in Kansas vs. Missouri
While the laws within Kansas and Missouri surrounding divorce are very similar, there are some differences to note.
In Kansas, there is a mandatory 60-day waiting period before a divorce can be finalized, while in Missouri, there is a 30-day waiting period. However, custody and support issues are often extended beyond those timelines.
Both Kansas and Missouri prioritize the best interests of the child when determining child custody arrangements and share the same model for calculating child support: the income shares model. The Income Shares Model uses each parent’s combined gross income to calculate child support as if the parents still lived together.
However, it can be essential to work with a family law attorney in your specific jurisdiction to ensure accuracy and efficiency within your child support and custody plans.
Establishing Paternity and Its Impact on Divorce Costs
If paternity is a question in your case, it is essential that paternity is established in order to legally establish child support and child custody.
In Kansas and Missouri, paternity must be established before a court can issue any child support or child custody orders, especially if the couple is unmarried.
Paternity proceedings can also increase the overall cost of a divorce or custody case, as it may require additional filings, service of process, and possible genetic testing.
The “Best Interests of the Child” Standard and Legal Costs
In both Kansas and Missouri, courts make custody decisions based on the “Best interests of the child.”
The best interests of the child are considered in each parent’s involvement, stability, ability to co-parent, and the child’s physical and mental needs. So, when parents disagree about what arrangement serves the child’s best interest, the courts may need additional information, evaluations, or testimony.
The more contested the custody is, the longer it will take to iron out, and the more expensive the divorce will be. However, this level of care ensures the decisions are legally sound and protect the child’s future.
How Long Does Child Support Last After Divorce?
A follow-up question to how expensive a divorce involving children tends to be is at what age child support and child custody are no longer a factor.
In Missouri, child support typically ends when the child turns 18, but it can often continue until the child graduates from high school. There are some cases where child support can continue until the age of 21 if the child enrolls in college or vocational school by October of the same year of high school graduation.
In Kansas, child support typically ends when the child turns 18, but can continue until the end of June of the year they graduate from high school. Child support can also continue past 18 if there is a court order for it.
In both states, child support will end, or can be motioned to end, if the child enters active-duty military, marries, or passes away.
Is Divorce With Children Always More Expensive?
While divorce with children will often involve more legal work, it does not automatically mean the divorce process will be exceptionally more expensive. The level of conflict and the court’s schedule are often the greatest cost drivers. So, if terms are already agreed upon or the conversation has already begun, it could save time and expenses.
If your case is complex, especially if it involves significant assets or children, it is recommended to speak with a family law attorney to understand your rights and options.
If you have further questions or wish to begin your divorce process, contact the team at Fisher Law LLC.