Recent Posts in Flat Fee Divorce 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.

It is never too early to start thinking about where your children will spend their holidays.  Most parents wait until November to start dialoguing with their former spouse about scheduling their holidays for their children.  If they do not have a set schedule in place, they find themselves calling their family law attorney after Halloween to settle their disputes.  Unfortunately, the judges have dockets that are already crowded.  So, last minutes hearings are rarely granted and usually quite expensive to litigate.

I recommend that clients start around the beginning of the school year to set out their requests for a holiday schedule.  That way, if there is going to be a disagreement, it can set sorted out without a last minute rush to the courthouse that quite possibly might not get resolved in time.

If you find that you and your spouse are unable to work something out, going to a mediator may be helpful.  Many jurisdictions have mediation services available for divorce cases at the courthouse for a relatively low cost.

Additionally, it may be helpful to know that many jurisdictions have a holiday guideline schedule that may be found on the courthouse website.  Ask your expert Tampa family law attorney for ideas as to how to get this problem served early in the year and avoid unnecessary expense.

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 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.

A Florida child custody determination deals with the details of who is physically and legally responsible for the child and what timesharing rights other parties may have. 

If a determination is made in a Florida family law court, whether permanent or temporary, initial or modification, it is binding on all parties unless there is a subsequent modification.  

Persons inside the state of Florida will be served in accordance with Florida laws.  If a person resides outside of the state of Florida and they are served with a child custody determination, they must abide by the determination according to the Uniform Child Custody Jurisdiction and Enforcement Act.

Your expert Tampa family law attorney can advise you how each of the fifty states has passed exactly the same law with regard to which state has jurisdiction over child custody cases depending upon the contacts of the parents and the child with each particular state.  All of the other states will honor a child custody decision of any state which follows this statute.

Bottom line:  There are specific rules in place to determine which state has jurisdiction in any child custody jurisdiction dispute.

In every family law case involving parenting, there will be a timesharing plan ordered by the court.  That plan will include a time schedule for when each parent will be with the children.  What do you do if you find out that the other parent may be planning to take the children out of state, in violation of the plan?

The Florida statutes provide a way that you can ask for help before the other parent is already gone for parts unknown with your children.  They set up a procedure where you can present "substantial competent evidence" to the court that there is a risk of the other parent violating the court order by removing the child from the state.

If the court agrees that the risk exists, an order can be entered that the other parent may not remove the child without a notarized written permission statement from you.  In addition, the court can require the posting of a money bond which will be forfeited if the child is removed.  The court can also require the surrender of the child's passport.  Your expert Florida custody lawyer can help you through the process.

Bottom line:  Talk to your Florida divorce attorney about the steps you can take to ease the worry of your children being taken out of state without you knowing about it.

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.

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.

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.

Reaching these terms and conditions can be established in two primary ways.  Either the parties through the assistance of a Tampa divorce attorney can establish the parenting plan via their divorce settlement, or in cases where the parties are unable to reach an amicable agreement a judge will establish their respective rights in regard to the minor children by way of a court ordered parenting plan, which is contained in a Final Judgment of Dissolution of Marriage.  Once the Parties have reached, memorialized, and entered into a parenting plan the terms and conditions become binding on the parties and are subject to the enforcement powers of the court.  Similarly, in the event the parties are unable to come to terms on a parenting plan and the court has entered an order, that order concerning the minor children is subject to future enforcement by the court.

In an effort to help the resolution process and help the parties enter into a parenting plan many parties to a divorce use the assistance of mediation.  Additionally, in some uncontested divorce cases the parties are able to reach the terms and conditions regarding parental responsibility and timesharing with their children before filing for divorce and only need the assistance of the divorce attorney to properly draft the parenting plan and ensure that the terms are memorialized in the agreement.  In any event, because the conditions of your settlement regarding your minor children are of the upmost importance and will have a lasting affect, your Tampa divorce attorney should be skilled in the areas of not only negotiating, but drafting the parenting plan agreement.