Recent Posts in Child Support Category

With the onslaught of celebrity coverage surrounding Mel Gibson's recorded telephone rants, many divorce clients have asked whether it is legal to record their spouse or ex-spouse's telephone conversations.  The answer depends on several different factors and often varies on a case by case basis.

The general rule is, no, unless you obtain express consent.  Florida wiretapping laws are complex and can carry criminal or civil punishments if violated.  In situations where your spouse would have a reasonable expectation of privacy, it is not proper to record your spouse's telephone conversations without permission.  I typically recommend always obtaining permission from your spouse or ex-spouse before recording any telephone call or communication.

However, there are several exceptions to this general rule, that would require an in-depth analysis of the facts and circumstances of your family law case. 

Contact your expert Tampa family law attorney to discuss whether these exceptions apply to you and your case.

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 case, there will be a child support guideline calculation to determine how much will be paid from one parent to the other.  These calculations are pretty precise and inflexible.

What if you are one of the many people in this country who are financially subsidizing an elderly parent who does not have sufficient funds to meet the monthly bills?  You should contact the best child support lawyer in Tampa to ask what the effect of that situation is on your child support obligation.

Florida law allows for certain exceptions to the child support guideline calculation.  One of these is for just such a situation as we just described.  If you can show that the payments for your parent have been regularly paid and that they are legitimately an ongoing necessity, the court may deviate from the Florida child support guidelines.

Bottom line:  Ask your expert Florida custody lawyer how this exception applies to you.

In a Florida child custody case, if the court sets a parenting plan designating timesharing rights for each parent and there is a reasonable and foreseeable risk that one parent may violate this plan or remove the child from the state or country, the court can take certain measures to ensure that this does not happen.

One of these measures is requiring the parent who is presenting the threat of violation to put forth a security or a bond.  This bond can be cashed in, either in part or in whole, upon the parent's violation of the parenting plan, depending on the decision of the court.  A family law court will first determine whether or not there is a need for a bond.  If there is a need, then the court will set the amount for the bond.   In Florida, a number of factors are taken into consideration when deciding this. 

One of these considerations is whether or not a parent has taken or threatened to take a child out of Florida or any other state in violation of an agreement.  For example, if a parent has previously violated a parenting plan by taking a child out of Alabama in a previous custody matter, there is a good chance that a judge may require a bond in the current Florida case.

Bottom line:  Your expert Florida family law attorney can guide you through the process of requiring a bond to protect your children.

In determining the amount of child support to be paid in a Florida divorce case, courts have established a precise numerical formula for calculating those payments.  The Florida child support guidelines are based on factors such as the children's health care expenses and the number of days the child stays overnight at each parent's house.  Ultimately, Florida family law courts are confined to this formula to establish payments. 

However, a parent can request that the court deviate from this formula as detailed by the Florida Child Support Guideline Statute.  One of these reasons is if the child earns an independent income.

For example, a child may possibly hold a job as a hostess or a bus boy at a local restaurant.  If this child is earning enough income to purchase his or her own clothes, or pay for his or her own car insurance or medical expenses, child support payments may be lower than the formula establishes.

A board certified Tampa family law attorney can guide you through court proceedings in this scenario.  While a modification or deviation from the formula is not guaranteed, the court will take your situation into consideration when calculating payments.

A dispute over child custody in a Florida divorce or paternity case can often become very emotional and divisive.  The more animosity there is, the more it hurts the children involved.  The Florida family law system has a way to try to ease some of the tension that is placed on the children.

In a Florida divorce where there is a request for creation or modification of a parenting plan, the court may appoint a guardian ad litem to act as "next friend of the children, investigator or evaluator, not as attorney or advocate."  This is typically done when a judge feels that it would be appropriate to hear what the child has to say about the proposed parenting plans, but wants to keep the child from feeling alone in the process.

If there are allegations of abuse, abandonment or neglect, the court has no alternative.  It must appoint a guardian ad litem.

The guardian ad litem will typically meet with the children and make them feel more at ease with the idea that their parents are divorcing.  The guardian ad litem will assure them that the breakup of the marriage is not because of anything that they have done.  Then the children will be asked what they would like to see the parenting plan look like.  Finally, the guardian ad litem will inform the court of the thoughts of the children.

Bottom line:  Your expert Tampa family law attorney can assist you in seeking a guardian ad litem to assist your children.

As we have discussed in this space many times, Florida has a guideline mathematical formula which determines the amount of child support which will be paid in Florida divorce and paternity matters.  These guidelines are more than just suggestions as to what the support might be.  They are absolutely binding on the parents unless there is a justifiable reason to vary from the formula.

The Florida Child Support Guideline Statute has a list of reasons why the court can deviate from the normal calculation.  Among them are extraordinary medical, psychological, educational and dental expenses.

If a child has any sort of extraordinary need in this regard, it would be unfair to impose the normal child support guidelines upon the parents.  For example, if you have a child who needs constant treatment and this requires continuing payments to healthcare or educational professionals, it would be unfair to treat this situation like the typical child support scenario.

Your expert Tampa family law attorney can tell you how to present this situation to the court for a review.

Although it does not happen in every case, the court will listen to evidence as to child support guideline deviations.

Bottom line:  Not every Florida family law case involving child support goes strictly by the child support guideline statute formula.

When the court calculates how much child support will be paid in a Florida Divorce or a Florida Paternity case, there are many factors which are taken into account.  One of these is the cost of childcare.

First, your expert Tampa Family Law Attorney will assist the court in determining how much basic child support should be paid based upon the net incomes of the parents under the Florida Child Support Guidelines.  Then the court will add the cost of health insurance for the children. 

Many people pay some sort of childcare for their children.  This will be considered in the child support calculation, but only if it is necessary to enable one parent or the other to get to work.  The next step, then, would be to add this cost to the required full child support of the children after deducting a straight 25% amount.  The reason for the deduction is that the Internal Revenue Service allows a tax credit for a portion of health insurance attributable to the children.

Once this is added to the basic child support amount, the court is closer to giving the final Florida child support amount to the parents.

Bottom line:  The mathematical child support calculation includes the cost of childcare for the children and your expert Florida Family Law lawyer can assist in this calculation.

Before the court finishes calculating how much child support will be paid in a Florida divorce or a Florida Paternity case, the court will take into account the amount of health insurance premiums for the children.

First, your expert Tampa family law attorney will assist the court in determining how much basic child support should be paid based upon the net incomes of the parents under the Florida Child Support Guidelines.  Many people pay some sort of health insurance for their children, so the court will next add the cost of those health insurance premiums. 

Once this is added to the basic child support amount, the court is closer to giving the final Florida child support amount to the parents.

Bottom line:  The mathematical child support calculation includes the cost of health insurance for the children and your expert Florida family law attorney can assist in this calculation.

When calculating child support in your Florida custody case, your income is the most important factor.  Just about anything that you earn will be considered as income.

Before child support is calculated, however, there are certain things that are subtracted from your income.  They include: income taxes (federal, state and local), federal insurance contributions or self-employment tax, mandatory union dues, mandatory retirement payments, health insurance coverage (excluding children), court-ordered child support which is actually paid and alimony paid to a previous spouse or the spouse in the current divorce.

Only after these reductions are made will the child support guidelines be calculated to determine just how much each spouse should contribute to the support of each child.

The child support guideline calculations take up several pages in the actual Florida Statutes.  The best Tampa divorce lawyers will have a computer program which will make for an easier calculation of the amount to be paid.

Bottom line:  Consult with your expert Florida family law attorney to arrive at a precise calculation for the amount of child support which is appropriate in your situation.

When child custody is arranged in a divorce or paternity case in Florida, there is a requirement that a child support calculation be made.  This calculation is based upon the Florida Child Support Guidelines and ensures that all families with similar incomes are treated the same with regard to child support.

The guidelines base child support on the income of both parents.  The income includes a number of things:  income from employment (including bonuses, commissions, overtime and tips), business income, disability benefits, workers' compensation, unemployment compensation, pension and annuity payments, social security, alimony, interest and dividends, net rental income, income from royalties and trusts and estates, reimbursed expenses that reduce living expenses and recurring gains from dealing  in property.

Basically if you get paid from any source, it will be considered as income for purposes of calculating child support. 

The court can even impute income to you if you are underemployed.  That is, if you could make more money but are not because you are not trying to earn to your highest potential, the court can treat you as if you are fully employed and require you to pay child support based upon the income that you could be making.

Bottom line:  Ask the best Tampa family law attorney you can find to explain to you the specific ins and outs of income that is considered in the calculation of child support.

Many people are in a hurry to get a divorce in Florida.  The reasons vary.  Some people are anxious to marry someone else.  Some want to stop sharing their large incomes with their lower income spouses.  Some just want out of the relationship.  For whatever the reason, many are hopeful of getting the speediest divorce possible.

In Florida, as in all states, divorces can last for many months and sometimes even years.  There are times, however, when each person in the marriage wishes to get on with things and an agreement on all issues is not a long, drawn out process.  When that occurs, it is possible to obtain a quick Florida divorce.

Once you and your spouse have decided that you want to get things over with and move on with your lives, you can contact your expert Tampa family law attorney and find out just how quickly the process can be completed.

Florida family law allows that, once you have reached an agreement on all issues, you can get a dissolution of marriage in as few as 20 days from the filing of the petition for dissolution of marriage.  You can even get it done more quickly if you can show the court that an injustice would occur by waiting the required 20 days.

Bottom line:  If you are anxious to finalize your Florida divorce, you can accomplish this in as few as  20 days from the filing the petition for dissolution of marriage once you and your spouse have resolved all of your differences regarding parenting issues, distribution of property, spousal support and reimbursement of attorney's fees.

Suppose that a Florida family law court has ordered that the other parent of your child must pay child support to you until your child reaches the eighteenth birthday.  What if the other parent, over the years, has steadily become farther and farther behind in payments and your child is approaching age eighteen?  Is it time to worry that you will never get your money?

In Florida, the law allows you to continue to collect child support from the other parent if there is a delinquency in the support due when the normal child support period ends.  Your expert Tampa family law attorney can ask the court to order the full amount to be paid from funds available to the other parent or order that the monthly regular payments must continue.

If there is a court order that the regular child support payments should be paid out of the other parent’s paycheck, the court can even order that the paycheck deduction continue until the child support arrearage is made up.

Bottom line:  Just because your child reaches age eighteen before all of the child support is paid doesn’t mean that you can’t collect it.

When there is a court order requiring someone to pay child support or alimony in a Florida divorce or paternity case, there are consequences for non-payment.  If you are involved in a court proceeding of this type, the first thing to keep in mind is that a court order is not just a suggestion.  It is a binding obligation requiring that the order be followed or that consequences shall occur.

If there is a delinquency in the payment of court ordered child support or alimony in your court proceeding, a paper will typically be filed with the court asking that the delinquent person be required to live up to the obligation or face those consequences.  If the person is not paying, the court will typically order the person to pay or to suffer a punishment.  If the person still does not pay, then the court can order that the person funds be garnished or that the person go to jail until the delinquent amount is paid.  In addition, the court can assess a further penalty against the person by requiring that the attorney’s fees of the enforcing party be paid.

Not all cases are subject to incarceration, however.  In order to send someone to jail for non-payment, the court must have proof that the person actually has the money to pay the amounts ordered.  So if someone is required to pay, but has no income or assets from which the order can be paid, then the court will fashion an enforcement order that persuades the delinquent person to pay what is available but which falls short of jail time.

Bottom line:  If there are alimony or child support payments which have not been made, contact your expert Florida family law attorney to ask what can be done in your case.

In a Florida divorce or paternity case, sometimes the person required to pay child support fails to pay.   When that happens there are a number of ways to punish the non-paying parent and inspire that parent to resume payments and make up any past missed payments.

In previous blog posts, we have discussed suspension of driver’s licenses and suspension of professional licenses as a means of punishing someone for non-payment of child support.   Of course, the most direct influence to pay child support is an order of contempt of court and requirement that the non-paying spouse go to jail by a certain date if the arrearages are unpaid.

The Florida Statutes provide that someone who is behind in child support payments may have that reported to a credit reporting agency.   It provides that, before reporting it to such an agency, the state would give the delinquent parent notice ahead of time and an opportunity to pay the delinquency current.   If it is not then paid current, then the agency of the state which keeps track of child support arrearages is free to notify all credit reporting agencies.

As with any unpaid debt, notification to a credit reporting agency has the effect of changing your credit rating and reducing your chances of obtaining a loan of any kind.   Before that happens, you may wish to consult your Tampa family law attorney to find out what you can do to avoid the harm you may be causing yourself.

Bottom line:   Failure to pay child support can seriously affect your lifestyle and may affect your freedom and your ability to borrow money.

After a domestic violence injunction has been granted, it remains in effect according to the terms and conditions of the judge’s ruling.  These terms and conditions of a domestic violence injunction can have a severe impact on person’s daily life.  The impact can be felt in the following areas; timesharing schedules with their children, imposition of child support obligations, restrictions on a person’s ability to visit certain people and places, and conditions on attending counseling sessions.

Often times a party fails to abide by the judge’s ruling and a violation occurs.  Florida Statute § 741.30(9)(a) provides that a violation of the protective provisions of an injunction against domestic violence may be prosecuted in a contempt hearing before the domestic violence judge or as a criminal violation.  Many people are unaware of the significance of a violation and the criminal prosecution which may follow.

A person may be charged with a misdemeanor in the event they have violated the terms and conditions of their domestic violence injunction.  The most common type of violation leading to a criminal prosecution includes a scenario where the Respondent (whom the injunction has been entered against) has illegally contacted or interfered with the Petitioner (whom the injunction was designed to protect).  In this case, the State Attorney’s Office would have the discretion to file a criminal domestic violence charge against the Respondent. 

In the event the State Attorney’s Office filed a criminal charge, the Respondent would face additional criminal sanctions.  These sanctions include a jail sentence, probation, fines, community service, and other restrictions imposed by the criminal judge.  It is important to note that while the criminal case is pending, the original conditions of the domestic violence injunction remain in place and the Respondent is still subject to the civil court’s contempt powers.

Because of the criminal charges a violation may bring, it is important for a party to work with his or her attorney in order to ensure that they understand the conditions of the injunction, the severity of a violation, and what is required by the court in regard to the terms and conditions of their particular injunction.  If you have been served with a domestic violence injunction, seek the representation of a skilled and experienced Tampa domestic violence attorney immediately.

If the other parent of your child fails to make timely child support payments, there are several ways that you can try to persuade them to pay.   The first thing that you can do is speak to your expert Florida divorce lawyer about filing a motion for contempt where you ask the court to hold the other parent in contempt of court.   There are a number of things that a court can do in that setting.   The first thing the court can do is require the delinquent parent to pay within a certain set period of time or else go to jail.  

After that, the court can also require that the various state licenses issued to the delinquent parent be suspended until the parent pays the child support current.   The most damaging penalty for most parents would be the loss of a driver’s license.   The court can go even further.   The state issues many other types of licenses.   The parent could have a license to practice medicine or law, a license to be an engineer or a contractor or school teacher.

A very inspiring penalty to persuade a parent to pay child support current is to take away the parent’s ability to earn a living.   In our experience, these types of orders are very persuasive and result in immediate payment of past child support amounts due.   Just imagine being faced with a choice of paying your child support obligation or losing your ability to make a living.   The choice is pretty clear.   Most people are not going to risk their livelihood when they can simply borrow some money to pay the support obligation up to date.

Bottom line:   If the other parent is behind in payment of child support, ask your expert Tampa divorce lawyer how to take the proper steps to make sure that the support is paid up to date.

At the end of almost every divorce consultation, a Florida family law attorney is posed with the same question. How much is my divorce going to cost?   While this question appears to be straightforward, the unknown factors of divorce make it almost impossible to answer.   Your Florida divorce attorney should, however, be able to analyze the issues of each particular case and address the related expenses.

In the State of Florida, there are two primary types of divorce cases, the first of which is an uncontested divorce.   In an uncontested divorce, the parties have been able to work through all issues even before filing the divorce petition.   In this scenario, all that remains is for the parties to complete and file the required pleadings.   Due to the limited nature of work involved, the divorce attorney’s role is to assist the client rather than advocate a legal position.   Thus, the attorney’s role in an uncontested divorce is typically limited to the preparation of the pleadings, drafting the applicable marital settlement agreement and parenting plan, and scheduling and attending an uncontested final hearing in order to obtain the final judgment of divorce.   Because the attorney’s role is limited the expense a party faces is reduced.

The second type of divorce is referred to as a contested case.   A contested divorce means the parties are unable to agree or settle all of the issues of their divorce and need the assistance of an attorney to help bring about a final resolution.   This final resolution can come in the form of a settlement during the course of the divorce or at a trial.   The expenses involved in a contested case derive from the issues the parties are facing, and the time involved in resolving those issues.

Examples of contested, and sometimes expensive, issues include timesharing plans with minor children, support provisions, including child support and alimony, the division of assets, including homes and marital businesses, and a spouse’s request for an attorney fees contribution.   All of the above case issues can require extensive work not only by an attorney but also an expert who assists the client and attorney in advancing their particular position.   With the complexity of each case issue and with each additional contested issue, the cost of the divorce grows.

It is important for each client to discuss and address all possible case issues with their Florida divorce attorney during the initial consult.   At that time, the client can be fully aware of what issues they may face and thus can have a better understanding of what expenses lie ahead.   One constant will remain: the sooner the parties can settle, the less expensive the divorce will be.

Child support in Florida does not always end when you think it will.   Florida law requires that, in general, the obligation to pay child support ends when the child reaches the age of eighteen.   That is not, however, always the case.

Any expert Tampa divorce lawyer will tell you that the most notable exception to that rule applies to situations where a child is scheduled to celebrate the eighteenth birthday while still in high school.   The law gives the courts the option to extend the child support obligation to when the child graduates.   In my opinion, this part of the law is poorly written.   It allows the child support to continue until graduation only if the child is expected to graduate before the age of nineteen.  If a child turns eighteen the week before the end of her junior year and is expected to turn nineteen the week before the end of her senior year, the child support will stop at her eighteenth birthday because she has no expectation of graduating before age nineteen.   It would seem more fair to allow child support to continue to high school graduation or age nineteen whichever occurs first.

Child support will also end when a child becomes emancipated.   There are certain situations where a court will order the emancipation of a child in order to remove the child from the control of the parents before the age of eighteen if it is in the best interests of the child.

The other ways that child support will end before age eighteen is if the child marries, joins the armed services or dies.

Finally, if a child is dependent, (for example, because of mental retardation or some other debilitating condition), the court may extend the requirement to support the child indefinitely.

Bottom line:   Ask your expert Florida divorce lawyer if any of these exceptions to the rule apply in your situation.

In cases where one parent is activated to military service, and timesharing and child support are at issue, the activated parent may worry about parental rights.  What will happen to the children during my time away?  Does the activation alter my rights to my children permanently?

The Florida divorce courts will not permanently alter timesharing or child support while one parent is deplo yed on active duty in the military.  The courts are specifically not allowed to modify any issues relating to the parties' minor children, except on a temporary basis.  If the court does temporarily modify timesharing or child support, the court is obligated to reinstate the previous time sharing order when the parent returns from active duty or deployment.

The rules of Florida divorces regarding temporary changes to timesharing or child support, as stated above, do not apply to permanent change of station moves by military personnel.

Bottom line:  If you, or your ex-spouse is facing a move due to military reasons, you should contact an expert Tampa divorce attorney to discuss your issues.

It is often difficult for parents to agree on a timesharing schedule for the children in a Florida divorce.   After all, it is difficult to reach agreement on many things as you dissolve your relationship.   When you consider that nothing is more important to a parent than the welfare of the children, the pressure surrounding the negotiation process becomes even greater.

To be a parenting coordinator, a person must either be licensed as a Florida mental health professional, psychiatrist or lawyer or be certified as a family law mediator with a master’s degree in a mental health field.   Expert St. Petersburg divorce lawyers often refer clients to parent coordinators for assistance in creating a timesharing plan because of the education and experience in dealing with children that comes with these qualifications.

The parent coordinator will meet with the parents both together and individually to discuss the needs of the children.   In some cases, the parent coordinator will contact teachers or others who have information regarding the children or, in certain circumstances, speak with the children themselves.

The primary goal of the parent coordinator will be to reach an agreement between the parents on all aspects of their future timesharing arrangement.   Not only will the parents decide which days the children will spend at each home, but also agree upon rules for telephone contact, exceptions to the usual schedule, responsibility for transporting the children, systems for selection of doctors, schools, extracurricular activities and all other choices you will make as your children mature.

Parent coordinators are fairly new to the divorce process in Florida, but have proven to be quite valuable in helping to reduce the bickering and reach agreements that divorcing parents can accept.

Bottom line:   Ask your expert Florida divorce lawyer if a parent coordinator could be helpful in your situation.

If you contact the best divorce lawyer in Tampa, you will learn that there is a very effective way of guaranteeing that you receive the alimony and child support on a timely basis.  In Florida, the courts are allowed to order that the money be taken out of the paycheck of the person ordered to pay.

The judge simply enters an Income Deduction Order.  This order requires the employer of the person owing the alimony or child support to deduct enough money out of each paycheck to cover the amounts owed.  The employer is then required to pay the money to the court through the Support Department.  The Support Department then sends the money on to the person who is supposed to receive the alimony or child support.  The employer has no choice.  The court can hold that business or that person in contempt of court and assess a fine or jail time if the order is ignored and the money is not deducted and sent in.

In fairness to the employee, the law allows that the employer would also be in contempt of court if the employer takes any disciplinary action against the employee just because the employer has to bother with the administrative hassle of deducting the funds and sending them in.

Unless there is some strong reason to do otherwise, these Income Deduction Orders are being entered in every case involving Florida alimony or child support payments.

Bottom line:  If a court orders someone to pay you alimony or child support, make sure that your expert St. Petersburg divorce lawyer provides the court an Income Deduction Order to sign that would require the money to be taken out of every paycheck.

If you consulted an expert Tampa divorce attorney, you would find out that, even though you are not going to ask a court to give you a Florida divorce, you can still get support for yourself and your children.  Back in the 1950s, the state of Florida decided that support for spouses and for children was so important that there should not be a restriction requiring you to file for divorce in order to receive support.  There is not even a requirement that you be separated.

All the rules are the same as if you are asking for a divorce.  You must show the court the incomes of the two spouses and your need for support in order to get alimony.  You must also show the amount of child support required under the Florida child support guidelines.  The only difference is that you don’t have to show or even say that the marriage is irretrievably broken.

The court will follow the same rules and procedures as if you are doing this as part of the divorce process.  Once awarded, the court will enforce the award with possible contempt of court for non-payment and with garnishment of funds as if it were done as part of a Florida dissolution of marriage.

Bottom line:  If you don’t want to get a divorce, but you need support for yourself or your child, contact an expert Florida divorce lawyer and you will learn that there is a solution to your problem.

Often times a challenging issue for parents to understand is how the court will assess the decision making or parental responsibility roles of the parties in regard to their children.  Florida Statute 61.13 provides that “the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.”  Thus, in most circumstances the parents will share the decision making responsibilities for the children. 

When moving through the divorce process and creating a parenting plan, the parties, along with their family law attorney, work to reach an amicable settlement on the terms of parental responsibility.  Areas of responsibility may include education, health care, and any other responsibilities that are unique to a particular family.  Florida law provides a presumption that the parental responsibility for minor children should be shared by both parents.  As such, this area of the divorce has high probability of the parties reaching an amicable settlement.

In the event the parents cannot reach a settlement on the terms of parental responsibility than the court will make the final decision.  Pursuant to Florida Statute 61.13, the court, at a final hearing, may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child.  Further, if it is in the best interests of the minor child, the court has the discretion to order sole parental responsibility for a minor child to one parent.

By understanding the analysis of the parental responsibility aspect early in a Florida divorce, a party can begin to create one aspect of a parenting plan and hopefully avoid any undue stress and expense of unnecessary litigation.

There are many factors which affect a Florida divorce: the length of the marriage, the number of children, the amount of the assets and liabilities, the income of the parties and many more.  Since the country’s economy has been in an economic recession, we now need to add that factor to the list.

In recent months, our Tampa divorce law office has experienced an increase in delinquent child support, domestic violence, but a decrease in the number of filed divorces.  It reminds us of stories that we heard about the Great Depression.  Back then, it was said that people delayed divorcing until the economy turned around so that they could better afford the cost of filing fees, divorce lawyers and expert witnesses.  The quirkiest story I heard was of a couple that shared the same bed but hung a shower curtain down the middle of the bed.  They wanted to remain physically separate while they waited for the economy to change so that they could afford a divorce.

The most common of the changes is that of the increase in child support delinquencies and modifications of child support orders.  Unemployment is now at the highest in most of our lifetimes.  Many people paying child support have lost their jobs.  This results in one of two things: reduced child support payments or no child support payments at all.  The best way to handle this situation is immediately to seek a change in the child support order to reduce the amount of the monthly child support payments.  Since the courts generally don’t modify child support back earlier than you ask for it, it is very important to file a pleading with the court asking for the change as soon as the circumstances call for it.

The worst thing to do is just to stop paying your child support obligation.  Judges don’t like it when you ignore their orders.  They can punish you in your wallet or by jail time.  The worst recent story involved a man who was so stressed by his mounting child support delinquency and his ex wife’s attempts to collect the money that he murdered her, drove to the peak of the Sunshine Skyway Bridge over Tampa Bay, lit her body on fire in the trunk of his car and dove to his death.  Thankfully, most problems of this nature are handled before the emotions reach that level.

If there is a delinquency in support payments, contact an expert Tampa divorce lawyer immediately to discuss the most effect and least costly methods of solving the problem.

There was a time in history when the mother of a young child had an absolute right to be the full-time, custodial parent of the child.  The father would see the child now and then and would pay child support.  The mother made all the decisions regarding the child.

Then times changed and the mother no longer was considered to be the presumed custodial parent.  The Florida legislature created the umbrella of “Shared Parental Responsibility” which covers all child custody matters.  Under that umbrella, there is no presumption in favor of moms and the parents jointly make the major decisions regarding the child (Who will the pediatrician be?  Where will the child go to school?, etc.).  Also under that umbrella, one parent would be named the “Primary Residential Parent” and the other would be the “Secondary Residential Parent”.  On rare occasions, there would be an order by the court naming them “Joint Primary Residential Parents”, but it was very rare.

Times changed again very recently.  Now we still have “Shared Parental Responsibility”.  There, however, are no longer designations of “Primary Residential Parent” and “Secondary Residential Parent”.  Today, we merely have a “Parenting Plan” in each Florida child custody case which has either been worked out by the parents or ordered by the judge.  No one gets to leave the courthouse and brag to friends about being named the “Primary Residential Parent” while the other parent leaves with a title that says that parent is second best.  The idea was that the parents will work together better for the benefit of the child if the divisive titles were removed.

Bottom line:  Talk to your expert Tampa divorce lawyer about the standards for determining what should be in a Florida divorce parenting plan.

In many Florida divorces, part of the property division that occurs involves college funds which have been set aside for the benefit of the children.

Unless these funds are owned by one spouse alone as a result of money from before the marriage or as a result of a gift from someone other than the other parent, the funds will be divided along with all of the other assets and debts of the parties.

If the plan procedures allow both parents to exercise joint control, the solution is fairly simple.  You merely request that the plan confirm in writing that neither spouse can withdraw or otherwise move the money without the written consent of the other.

Sometimes that is difficult to do.  Many plans, including the state operated Florida Prepaid College Plan, require that the accounts be opened in one name only.  When that is the situation, your expert Tampa divorce lawyer will merely place a paragraph in the Marital Settlement Agreement or ask the judge to place a paragraph in the Final Judgment of Dissolution of Marriage which states that neither spouse can make any decisions regarding that money without the written consent of the other spouse.

Bottom line:  Don’t assume that the children’s college funds will be handled the way that you want them to be.  Have your Florida divorce lawyer obtain clear rules for withdrawing the funds.

In your Florida divorce, one spouse may receive alimony or child support from the other.  When that happens, you need to be aware of the tax consequences.  Wouldn’t it be great if we all got to take home all of the money we earn at work?  Of course we can’t because income tax is taken out.

While there are no income taxes to be paid for receipt of child support, there are income taxes to be paid on alimony.

There are many technical rules involved (after all, we are talking about the Internal Revenue Code), but basically you can count on treating monthly payments of alimony as taxable income to the receiving spouse and tax deductible to the paying spouse.  That makes a huge difference in the amount of money involved.  If you are in the twenty percent tax bracket, $1,000 per month becomes $800.  If you were planning your future based on the entire $1,000, you are in for a surprise.

It is very important to get the advice of an expert Florida divorce lawyer when there is alimony involved.

Bottom line:  Ask your Tampa divorce lawyer about the tax consequences of paying or receiving alimony.

© Copyright 2009 by Stann Givens

© Copyright 2009 by Stann Givens

© Copyright 2009 by Stann Givens