Visitation Issues

March 9, 2009

Putting Down the Boxing Gloves: Florida Divorce

boxing%20gloves.jpg
In Florida, when going through a divorce or separation, it is important to get a lawyer that understands the importance of putting down the boxing gloves.

You are ending a marriage and going from love to shuttering at the sounds of her voice or the site of his face, an experienced divorce attorney should take control and guide the client through a constructive not destructive approach. Even though the client may want to “take him for all he’s worth” or “destroy her”, its the lawyer’s responsibility to provide a workable solution especially if there are children involved.

The members of the American Academy of Matrimonial Lawyers have proven that resolutions are often reached without the need for trial. In a 2007 poll, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. In this present economy, it has been shown that there is a clear preference among middle-income clients to reach agreements without a trial to cut down on the costs of the litigation.

March 6, 2009

Child Support and Bankruptcy: Florida Divorce, Paternity and Child Support

By Wood, Atter & Wolf, P.A.

money%20man.jpg
In dealing with Florida family law cases with children, child support is an obvious factor. When going through a Florida divorce or paternity action child support will most likely be ordered by the court. In today’s economic times, many more Floridians are facing bankruptcy and how that affects their Florida child support obligations.

Often, one party files for bankruptcy believing that any financial obligation to the other party will be dischargeable in the bankruptcy. On October 1, 2005, the new bankruptcy law went into effect and is entitled BAPCPA. The new law changed many things in the bankruptcy code including how a “domestic support obligation” will be treated. The support obligation can come in many forms such as alimony, child support, money owed to a spouse, or a money obligation incurred during a divorce agreement. Before BAPCPA, the bankruptcy law stated that you could NOT discharge a child support obligation or alimony in a Chapter 7 but you could discharge any money owed to a spouse under a divorce agreement as long as the money wasn’t a part of the child support or alimony obligation. This is usually termed as an “equalizing payment” in the final agreement or judgment

Under the old law, if the spouse filing for bankruptcy couldn’t pay the debt or if discharging the debt would be less detrimental to the spouse receiving the funds, it could be listed and discharged. Not so with the new law. In a Chapter 7 bankruptcy, the spouse will still have to pay and will not be able to discharge the debt so when the bankruptcy is over, the spouse will still owe the debt to the other spouse

March 2, 2009

Jacksonville, Florida’s New Parenting Plan Requirements

By Wood, Atter & Wolf, P.A.

In Jacksonville, Florida, Family Law and Visitation took on a new role on October 1, 2008 and the way custody and family law has been practiced in Florida is no more. With the new parenting plan statute, judges are no longer to use taboo words such as custody, visitation, custody litigation, primary residence or access and contact. The words will now be replaced with the terms “parenting”, “parenting plan litigation” or “time sharing schedule litigation”, “time sharing majority of the time”, and “time sharing”.When dealing with visitation and parent-relations, “best interests” of the child factors have now changed and new factors have been implemented in Florida Family Law. The Florida parenting plan statute is designed to isolate the children from the divorce proceedings as much as possible and to emphasize drafting a plan to help parents in divorce meet the child’s needs.
The following factors are now considered when parents are divorcing and custody and children are at issue:
(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the child is of sufficient age.

February 23, 2009

Florida Divorce and Injunctions, What’s Your Function?

By Wood, Atter & Wolf, P.A.

Stop%20Sign.jpg
In Florida divorces, Injunctions are prevalent. A Florida Injunction can be handled by your Florida Divorce Lawyer. There are specific criteria that must be met before a court can enter a permanent injunction. Section 741.30 of the Florida Statutes lays out exactly what must be argued to have a temporary injunction entered as a permanent injunction. The statute says that the petitioner must have been a victim of domestic violence OR have reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence. The Elements which must be proven at a hearing before the Circuit Court are as follows:

1. Must be between family or household members.

2. The petitioner must claim to have been the victim of DV or is in fear of imminent DV attack. 3. The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances.

February 20, 2009

Managing Divorce and Finances

By Wood, Atter & Wolf, P.A.

Navigating your way through unchartered divorce territory can lead to trouble. Often, paying for a divorce can be difficult, especially when one of you makes little to no money. Normally, one spouse ends up footing the bill and incurring extra expenses while the other spouse pays for very little. What can you do when you’re waiting for the divorce to be finalized??? TEMPORARY NEEDS HEARING is the answer!

In a temporary needs hearing, a judge will look at each party’s income to debt ratio and order a temporary spousal support, child support and marital debt payments. The temporary needs hearing is probably the most important hearing during the dissolution process before finalization occurs. It helps to set the tone for the rest of the divorce process and it also identifies the responsibilities of each party regarding the marital liabilities.

February 16, 2009

How Does Florida Determine Child Support Payments?

By Wood, Atter & Wolf, P.A.

Florida law requires that all divorcing couples with children have a parenting plan, which includes support obligations for both parents. How do the courts in Florida determine a parent’s child support responsibility? The formula, outlined in Florida Statute 61.30, uses the parents monthly income to figure the total child support payment amount. Then each parent is assigned a percentage of responsibility based on their income as a percentage of the total income of both parents. There are some other factors that come into play as well.

Child care: 100% of child care costs due to employment must be added to the support amount.

Health insurance: Any premiums and ongoing medical expenses not covered by insurance must be added in.

February 13, 2009

Visitation Rights in Florida: Can My Former Spouse Leave the State of Florida With My Child?

By Wood, Atter & Wolf, P.A.

In a majority of Florida visitation cases, stopping the relocation of a custodial parent is difficult. After a divorce, determining paternity, or separating, relocating or moving with a child is not as easy as hiring a moving van. In Florida, there is a relocation statute requiring the relocating parent to inform the other parent of his or her intention to relocate and file that notice with the courts.

Once notice is provided, the parent that is not relocating has the option to file an objection to the move, with the court. Once that objection is filed, the judge must have a hearing to determine if the move will be permitted.

At the hearing, the parent that is relocating must show the court that the move is in the child’s best interest and that it will not infringe on the non-relocating parent’s visitation and relationship with the minor child. Also, there has to be a showing that the parties are able to afford travel expenses involved in continuing that visitation.

February 2, 2009

A Florida Divorce Makes Yankee Fans Happy

By Wood, Atter & Wolf, P.A.

baseball%20glove.jpg

New York Yankee fans can rest assured that Alex Rodriguez (A-Rod) will be able to focus on baseball this year. His Florida divorce is over after less than a year battling with his (ex) wife, Cynthia Rodriguez. The couple was able to reach a settlement agreement, trumping the need to go to court.

Cynthia Rodriguez filed for divorce in Miami, Florida in July, 2008. The petition filed with the court stated, “The marriage of the parties is irretrievably broken because of the husband’s extramarital affairs and other marital misconduct.” Florida is a “no-fault” divorce state, meaning that the affairs really held no legal bearing on alimony. However, any money A-Rod used in advancing the relationships could come back to pad the pocket of Mrs. A-Rod. For example, a trip to England to visit a certain pop star could be fully reimbursed depending on the settlement reached by the couple.

January 30, 2009

How Often Can I See My Child? Florida Visitation and Timesharing

By Wood, Atter & Wolf, P.A.

In Florida, the parent that does not have the child the majority of the time does have rights. The court’s main objective is to foster a good relationship between children and parents. In Jacksonville, Florida, the Court has developed the 4th Judicial Circuit Visitation/Timesharing Guidelines to help institute a satisfying schedule for both parents. These guidelines are suggested for parents that cannot reach a satisfying agreement regarding timesharing (visitation). If you and the other parent are able to agree on a schedule, then you can have a more liberal plan in place. Factors in determining the proper timesharing/visitation is also different when the child is under the ageto attend school and it changes if the child lives in a different city or state, depending on the distance.

Parental time sharing is considered important in Florida because it is in the best interest of the child to have a relationship with both parents, if possible. Florida Statute 61.13 details some of the aspects of handling visitation, but typically the courts in your area will have certain guidelines they follow. It’s important to know what rights you have as a parent and to implement those rights with the court.

Written by: Lenorae C. Atter

January 28, 2009

A Divided Home – Florida Timesharing and Visitation

By Wood, Atter & Wolf, P.A.

divided%20house.jpg
Having grown up in Florida, in a divided home. this is something I know a lot about. As a family law attorney in Jacksonville, Florida, I utilize what I learned as a child in dealing with similar situations. Dividing holidays, birthdays, special occasions and family vacations are a concern for any parent going through a divorce or paternity action. In Jacksonville, FL, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement.

Development of a timesharing and parneting plan assists the parents in formulating their schedule for the youth of the child, not just year-to-year. For instance, in accordance with the Jacksonville-area guidelines, holidays are alternated between the parents. In odd numbered years Thanksgiving will be with one and Christmas will be with the other and it will switch for the following,even-numbered year. If you are fortunate to all live in the same city, then it is alternated a little differently.

In approaching the subject with your children, it’s important to keep a positive attitude about the changes. Remembering the “silver lining” ideas, such as more presents and twice the celebrations. I remember having two birthday parties, which seemed like the coolest thing in the world when I was a kid.