Recent Blog Posts in June 2010

We previously discussed in this space that, under Florida family law, the court can order one or both parties to a child time-sharing plan post a surety bond.  The purpose of this is to prevent one of the parties from fleeing the state with the children in an attempt to hide them.  We outlined some of the circumstances under which the court might order a bond.  What happens once one party posts a bond and what are the funds used for if the court orders the bond forfeited?

Florida family law states that the court can order the bond forfeited once it finds a material violation of the time-sharing plan by removing the child or children from the state or otherwise attempting to conceal their whereabouts.  It then gives three specific examples of how these funds are to be used:  1) to reimburse the non-violating parent costs associated with enforcing the terms of the plan, 2) to locate and return the children, and 3) to reimburse reasonable fees and costs as determined by the court.  This last item seems to give the court fairly wide discretion in covering expenses incurred by the non-violating parent.

Bottom line:  Always consult with an expert Tampa family law attorney to make sure the terms of your time-sharing plan are enforced as provided by Florida divorce law.

In a Florida divorce or a Florida paternity case, the law sets out a specific schedule that determines how much child support each party is responsible for based on the income of both parents and the number of children in the family.  However, we have previously discussed that Florida family law provides for certain exceptions from these guidelines, such as the demonstrated need for one party to financially support an elderly parent or certain extraordinary medical or educational expenses.

Another exception is seasonal variations in one or both parents' income.  What does this mean and how would a court interpret this provision?  One example might be a teacher who gets paid his salary during the school year when he's in class teaching but not over the summer.  Another example could be a salesman who gets paid mostly on commission and sees larger paychecks around the holiday shopping season. These are only two circumstances for which the court could deviate from the established guidelines - there are many others.

Bottom line:  If you find yourself having trouble meeting your child support obligations due to changes in your income from month-to-month, consult with the best Tampa family law attorney to make sure you receive the reasonable accommodation as provided by law.

Florida family law is very clear on how much each party will be responsible for in child support based on both parents' income and the number of children.  However, we have recently discussed that the court can deviate from the normal payment schedule for certain unusual circumstances like the care of an elderly parent.

What if the children are enrolled in private schools which can cost thousands of dollars per school year these days?  Are these expenses meant to be shared using the normal child support schedule laid out in the law?  Expert Florida divorce lawyers know that the answer is, "Not necessarily."

While the guidelines for payment are calculated using a clearly defined formula, the law states that the court can adjust one or both parents' share for a number of factors, one of which is extraordinary "medical, psychological, educational, or dental expenses".  Private school tuition fits under this exception and should be handled outside the normal guidelines.

Bottom line:  Speak with the best Tampa family law attorney you can find if your children are subject to expensive private school tuition costs and you are involved in a divorce or paternity case.

In a Florida divorce or paternity proceeding, the best Tampa family law attorneys often use guardians ad litem for the benefit of the children.  A guardian ad litem should not act as an attorney or advocate for the child, but rather as next friend of the child in seeking the child's best interests.  Once appointed, this person has fairly wide-ranging powers, many of which require the assistance of a lawyer.  For example, the guardian ad litem has investigatory powers that allow the interview of the child, witnesses, or any other person having information concerning the welfare of the child.  The guardian ad litem may also assist in seeking impartial expert examinations as necessary or, with the assistance of counsel, may ask the court to compel examination of the child or the parents by doctors or mental health professionals.   

A guardian ad litem is entitled to attend any court proceedings that affect the child and also must submit a written report containing recommendations to the court within 10 days of any stipulation or agreement.  The guardian is able to make oral or written recommendations directly to the court.

While these are some of the powers and duties specifically laid out in Florida family law, the law is also clear that this list of powers is not meant to be exhaustive. 

Bottom line:  The best St. Petersburg child custody lawyer will tell you that the purpose of a guardian ad litem is to act in the best interests of a child and that the law provides fairly extensive authority to assist in the pursuit of this goal.