Recent Posts in Florida Board Certified 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.

The court system uses guardians ad litem to assist in cases involving children.  In order to be appointed by the court to perform this task, you must meet one of three qualifications.  You must be officially certified by the Florida Guardian Ad Litem Program, certified by a not-for-profit legal aid organization or be an attorney who is a member in good standing of The Florida Bar.

There are a number of specific criteria within the Florida Guardian Ad Litem Program and within any not-for-profit legal aid organization which we will discuss in a later blogpost.  All of the requirements are geared toward obtaining guardians ad litem who will dedicate their time to diligently representing the best interests of the children they are appointed to represent.

If you have questions about these qualifications, contact an expert Tampa family law attorney.

Bottom line:  A guardian ad litem can be appointed to represent a child in a child custody dispute.

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.

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.

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.

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 Tampa family law attorneys often refer client s 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 custody cases, 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.

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.

When there are minor children involved in your Florida divorce, you are required to take a parenting course before you can obtain a court ordered Final Judgment of Dissolution of Marriage.

Back in 1994, the Florida legislature decided that far too many parents were going through the entire divorce process without realizing some of the harm that they were doing to their children.  Judges were hearing many stories of one parent badmouthing the other parent in the presence of their children and otherwise doing and saying things which were unhealthy for the children to see and hear.

A parenting course lasts four hours and can be taken either separately or together by the divorcing parents.  The Florida family law rules allow that it may be taken in person or online, but judges in some parts of the state require that it be in person. 

For many people, the course serves as a reminder of things that you already know.  It deals with treating the other parent with respect in the presence of the children, keeping good communication lines open, the effect of domestic violence on children, being mindful of the stress that children are under during the separation process and other aspects of the family dynamic.  For some people, it is a wakeup call to start being the better parent that they never knew how to be.

Your expert Tampa family law attorney will have a list of the parenting courses near you.

Bottom line:  Early in the divorce process, it is a good idea to comply with the requirement that you attend a parenting course.  You just might learn something that will help you to be a better parent during this difficult time.

Child custody battles are the most stressful experiences that parents have in a Florida divorce.  Often the parents involved are so concerned with success or failure that their judgement gets clouded.  They sometimes take actions which they think will help their cause, but which actually have the opposite effect.

As you go through the process of arguing with the other parent over the children, there is sometimes a temptation to try to influence the children to take sides with you.  This often takes the form of saying negative things about the other parent in the presence of the children.  "I would love to buy that new television you want for your room, but your father is not giving us enough money to buy anything."  "I am so sad because your mother ruined my life.  She is interested in another man, you know."  "If you spend more time at my house, you will not be subjected to all of those ridiculous restrictions that you have to live with at your Mom's"

Those are just some of the many examples of how people try to win over the children by talking the other parent down.  This happens so often that the mental health community has given it a name, 'Parental Alienation Syndrome".

If you are the one engaging in this strategy to win a custody battle, you may just find yourself on the losing end of a child custody evaluation because you are not the parent who is most likely to "encourage a close and continuing parent-child relationship" when it come to the other parent.

Bottom line:  Be honest with your expert Tampa child custody attorney as to how you interact with your children and ask if you are in danger of being labeled a parental alienator.

© Copyright 2009 by Stann Givens