While
the Court recognizes that you are no longer husband
and wife, you are responsible to notify other people
that
you are divorced, and you should take steps to change your
official records and
important papers. The following
checklist is not exhaustive of all persons to notify, but
can
be used as a guide.
Employer: Notify your employer to change your company
records and the beneficiaries on your group life insurance,
health and hospitalization insurance,
or disability plan,
as well as your retirement benefits, including any profit
sharing,
401(k), pension, retirement, or deferred
compensation benefits, or your ex-spouse may receive
benefits
you do not want HIM/HER to have. This must be
done in conformity with your Property Settlement Agreement.
If you are receiving a share of your spouse’s retirement,
pension, or 401(k) benefits,
make sure you receive a copy
of the Qualified Domestic Relations Order (QDRO) awarding
those
benefits.
Bank/Investment Clubs: Notify banks, investment clubs, and
credit
unions of marital status changes, and close out
joint accounts in conformity with your Property Settlement
Agreement. Change beneficiary on savings, IRAs, KEOGH
plans, money market, or mutual fund
accounts. Destroy old
joint checks.
Life/Disability Insurance:
Contact all companies with whom
you have insurance of any kind. Change names of “insured”
and “beneficiaries” to reflect your new marital status.
Make sure your health,
hospitalization, and life insurance
at work is changed. Also notify your automobile and
homeowners
insurance carriers.
Health/Hospitalization Insurance: If you are carrying
family members on your policy who you are no longer
required to carry after your divorce,
notify your company
and send it a copy of your divorce papers so that you will
not be
charged an extra premium. If you are covered on
your spouse’s health and hospitalization insurance
and you
want to continue the coverage at your own expense, contact
your ex-spouse’s
employer or insurance carrier and ask
about COBRA rights which entitle you to purchase insurance
through them for additional months at your own cost.
Tax Preparer:
Contact your tax preparer to discuss new tax
status, right to claim exemptions, necessity of changes in
withholding on paychecks, and effect on your taxes for the
year.
Charge/Credit/Debit
Cards, Accounts and Creditors: Notify
companies of marital status changes, and close out joint
accounts or have the accounts transferred to your name
alone, making sure you do so in conformity
with your
Property Settlement Agreement. Verify ending balances and
destroy joint credit
cards.
Important Documents: Review all deeds to real estate,
titles
to motor vehicles, bills of sale to personal
property, stock certificates, bonds, treasury notes,
certificates of deposit, checking accounts and savings
accounts to verify correct names on
the documents and
accounts and the proper ownership after divorce. Make
arrangements
to transfer items or change them as necessary.
Will: A divorce does not automatically
change your Will.
Discuss the legal effect of your divorce upon your Will
with an attorney.
Make the necessary changes to update
your Will to reflect your divorce and child custody
arrangements.
Power of Attorney: If you gave your spouse a power or
attorney over
your legal affairs, health care or other
matters, you need to revoke that power of attorney in
writing.
Discuss with an attorney what you need to do.
Name Change: If you changed your
name as a part of your
divorce, you are required to notify the following to change
the
listed items:
1. Circuit Court Clerk-driver’s license
2. Social Security Administration-social
security card
3. Employer-W-2 form
4. Bank/Financial Institution-W-4 form and accounts
5. Credit Cards/Charge Accounts-cards and accounts
Social Security Benefits:
If you were married ten (10) or
more years, you have the right upon retirement to claim
your
ex-spouse’s social security benefits. Keep a copy of
your marriage license and your divorce papers
and contact
the Social Security Administration when you are eligible to
file. If your
ex-spouse dies while paying child support to
you for your children, you can file with Social Security
for benefits for yourself and your children until they
reach the age of 18 years.
Child
Support: If you are awarded child support, make sure
the County Attorney’s office has
your correct address and
social security number so that wage assignment payments
will
come to you. Keep an accurate list of the dates and
amounts of each child support payment. You are entitled
to
receive child support until the child reaches the age of 18
years or graduates from
high school, whichever last occurs.
If you have a disabled child, your right to collect child
support
continues past this time period throughout the
child’s disability. If your ex-spouse fails to pay
the
child support, medical bills, or other required expenses by
court order, you can
contact the County Attorney’s office
for assistance with collection of these amounts. Make sure
you have followed the terms of your Property Settlement
Agreement to give your ex-spouse written
notice of the
failure to pay, and copies of any medical bills you are
requesting to
be reimbursed, together with the statement
from the insurance company showing what was not paid.
If you are required to pay child support, make sure the
wage assignment is in place at your
place of employment,
and the child support is being taken out of your paycheck
so that
you have an accurate record of what was paid. If
you change jobs, it is your responsibility to put a new
wage assignment into place at your new place of employment.
This can be done by calling the
County Attorney’s office or
contacting our law firm. If you have to pay your spouse
directly
until the wage assignment goes into effect, then
obtain receipts for all payments so that your records
will
reflect the amount you actually paid. Until the wage
assignment goes into effect,
you should pay your child
support with a money order or check, made payable to your
ex-spouse
(not the children), with “child support” written
on the memo line. Never pay your child support
with cash.
Child support can change until your child reaches age 18 or
graduates from
high school, whichever last occurs. You can
request a change in child support any time there is a
change of circumstances. Examples of changes of
circumstances include: (1) Either spouse receiving
more or
less income; (2) Either spouse is no longer able to work
due to injury, disability,
layoff, or firing; (3) The
amount of your health and hospitalization insurance premium
changes;
(4) Day care expenses change. To be legally
entitled to a change in the child support you are receiving
or paying, the child support must increase or decrease
twenty-five percent (25%) during the
first year after the
child support order, or at least fifteen percent (15%) in
years
thereafter, based upon the new information. The
County Attorney’s office can review your child support
with
you, or you may contact our office for a review.
Conclusion:
Keep a copy of your divorce papers, including
the Decree of Dissolution of Marriage, Property Settlement
Agreement, Qualified Domestic Relations Orders, or any
other relevant court orders in a secure
location with other
valuable papers, as you will need a copy of them in years
to come.
You can obtain another copy of your divorce
papers from the Family Court Clerk’s Office in the Judicial
Center at 700 W. Jefferson Street if your divorce papers
are lost, destroyed, or damaged.
The above list is not intended to include all possible
persons and companies to contact, but
to make suggestions
as to person who typically should be contacted.
It was our pleasure
to represent you in this matter. If
you have any questions or concerns, please do not hesitate
to
contact our office.