Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

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In Florida, to file for divorce, you must reside in the State for at least six (6) months prior to filing a petition with the court. The Florida residency requirement only requires one of the parties to have residence in Florida, to file here and actions can be brought against a party that resides outside of Florida.
An example would be if you and your spouse live in New York and decide to separate and during the separation you move to Florida for at least six (6) months, then you can file for divorce in Florida though your spouse still resides in New York. Typically, if there is an issue with children, the matters involving the children will be in the court where the children physically reside. However, the actual divorce, equitable distribution of assets, etc. can be decided by a Florida court.
The easiest method of proving your residence is by showing the Court a Florida drivers license. If you do not have one or it was not issued six months prior to your filing for divorce, then you can use the following: lease agreement that signed and dated; utility bill, in your name; or anything that may show the court that you have actually resided in Florida for six (6) months. If you do not have one of those available, then you may have a signed affidavit by someone that can attest that you have lived in Florida for the required time.

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Florida Statute 61.079 governs premarital agreements in Florida.The definition of a premarital agreement per the statute is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”. The agreement must be in writing and signed by both parties and is enforceable with no other consideration than the marriage itself.

The parties to a premarital agreement can contract with respect to property and its disposition, spousal support, the making of a will or trust to carry out the agreement, benefits from life insurance policies, the choice of law governing the agreement, and any other rights not in violation of law or public policy. Premarital agreements can be amended after the marriage with the consent of both parties.

Whether you need a premarital agreement in Florida is a personal decision. There is no right or wrong answer to the question posed in this article. However, you should take a careful look at your particular situation to decide if you need one. Some factors to consider are:
1) Disparity in income between the parties,
2) Whether one spouse has a number of family heirlooms that are valuable or a prior inheritance,
3) Prior marriages and debts,
4) Whether you are getting married for love or necessity (ie. unplanned pregnancy or immigration issue),
5) Extensive premarital assets including retirement benefits, or
6) One spouse owns a business and doesn’t want to risk the other spouse getting an interest in a divorce.

Failing to plan in any of the above scenarios could cost you a bundle should you go your separate ways.

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Written By: Lenorae C. Atter, Attorney

980848_not_talking_1.jpgIn Florida divorce, paternity, modification or other family law cases involving children, if the parents cannot agree on a parenting and time-sharing plan, then the Court may order a social investigation per Florida Statute 61.20.

A social investigation can be a helpful tool in deciding where the children will reside the majority of the time. When the court orders a social investigation, then the court may appoint the individual handling the investigation by the court’s own preference or by agreement of the parties. When the investigation is ordered by the court, the investigator is required to be a qualified staff of the court; an agency that works in child placement and licensed under Florida Statute 409.175; a licensed psychologist; or a licensed clinical social worker, marriage and family counselor, or mental health therapist.

Once the investigator is appointed, the parties and children will attend sessions with the individual and a final report with recommendations for a parenting and time-sharing plan will be provided to the parties and to the court. While the investigation is helpful and often relied upon, it is not a final statement of what will be ordered by the court. The parties can still discuss the parenting and time-sharing plan and may agree on terms that were not necessarily recommended in the report. The court may also review the report and deviate from the recommendations if the parties are still not able to reach an agreement. What the report does provide is a detailed analysis of the situation so that the court can ultimately rule in the best interest of the children, which is the standard in Florida for determining issues involving children.

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Jacksonville, Florida is in the Fourth Judicial Circuit of courts, prior to the 2007 legislative change from visitation to time-sharing, there was a standard visitation guidelines established by the court. Since time-sharing is a new concept for many people in Florida, the idea of the old “standard visitation schedule” seems to be used frequently in establishing a time-sharing plan. Because such schedules were developed by the court, each circuit court of Florida that used one had something different than the other. The difficulty I see with this issue is that often one parent will do research, find a schedule for visitation and try to apply it without court action. I often have clients call and ask me what “standard visitation,” is because the other parent told them that is what they have to do. Since there are different versions out there, often times my client does not know which one the other parent is even using. The legislative change to establish a time-sharing plan is designed to assist in this issue.

First, the Fourth Judicial Circuit visitation guidelines basically provided the minimum amount of visitation for the non-residential parent. According to this circuit, again each had their own standard; the non-residential parent received the following:
One day per week from after school got out until 8 p.m. one night per week, typically Wednesday; alternating weekends; alternating Thanksgiving from the day school got out until the day before returning to school; alternating Christmas break with one year from the day school got out until Christmas day at 3:00 p.m. and the next from 3:00 p.m. Christmas day through the day before school started; one-half summer and the other parent received alternating weekends; Mother’s Day with mom and Father’s day with dad; alternating birthdays; and other provisions.

If the standard visitation schedule was not working, often parents did not know what else to do because this was the court order and that is what they were going to follow. A time-sharing plan can still use these same ideas; however, it is designed to think through matters more intently so that parents can actually have time with the children greater than a minimum amount. Furthermore, some families celebrate different holidays than those accounted for in the above schedule, so the time-sharing plan takes those factors into consideration. The other thing that a time-sharing plan can assist with is developing a schedule that accommodates the parents and children since they often have more activities the older they get.

In dealing with any matter regarding children, the first step is to determine what the children’s needs are and go from there. Establishing a plan that makes sense on paper does not mean that it is going to be the right schedule in practice. Life is filled with the unexpected and having two households means that the unexpected can happen twice as often. Working through a time-sharing plan allows the parties to think through real issues before going in front of a judge and the plan can often be tweaked by agreement of the parties. In addition, it is an option to place in the plan that if the parties cannot agree on changes, then they will first go to mediation before filing for a modification of time-sharing with the court. This gives an opportunity for the parents to work through their disagreement with a neutral third party and hopefully, ultimately agree on a plan that will work.

It is not a good idea to inform the other party that you are making them go to guideline visitation because they will not understand and will not know to which set of guidelines you are referring. If you provide the parent with the guidelines that you wish to use, then allow him or her time to look over them and decide if they are agreeable. If you both have lawyers, then have yours provide your proposal to the other attorney. This can help in reaching the right time-sharing plan for both parties.

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Written by: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

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In Florida, Time-Sharing Plans have replaced the normal visitation schedules previously enforced by the courts. A Time-Sharing Plan is used in Florida divorce and paternity cases in order to assist the parents in scheduling visitation with their children. Visitation schedules, in the past, often provided for visits at times that were not practical for the children or parents. The idea of a Time-Sharing plan assists the parties in keeping the children first in developing the schedule.

Written by: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

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In Jacksonville, Florida family law matters, such as divorce, paternity actions, timesharing, and child support must go to mediation before a trial can be conducted. Mediation is a court ordered process that allows parties to reach an agreement, with the help of a neutral third party, without having all issues decided by a judge.

Written by: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

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Florida child support that has been ordered but gone unpaid may be collected through a Motion for Contempt or by the Department of Revenue’s Child Support Enforcement. A court order is enforceable, so if you have not received child support payments, you may want to look into both a private action of a Motion for Contempt and the State’s assistant with enforcement.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

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Florida child support is calculated using child support guidelines established in Florida Statute 61.30. If child support is not being determined until after the parties have separated, or later in the child’s life if the parents were not together, then there may be back child support owed. In accordance with Florida Statute 61.30(17), the court cannot order child support going back further than two (2) years from the date of filing a petition for support. The reason for this provision is to protect a parent from child support going back to the birth of the child, if the child is now much older. It also helps in determining the past support owed because a determination of the income of the parents would have to be made back to the birth of the child(ren) if the provision were not in place, since most individuals are not making the same today as they were 5 years ago.

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In Florida, going through a divorce involving children can be difficult on the parents and children alike. In determining where the children are going to live, often the parents have to put their wants and wishes to the side and consider the best place for the child. If the parents are unable to agree, then a Social Investigation may be necessary to determine the time-sharing (custody/visitation) and parenting plan to be used once the divorce is final. This is a helpful tool because it takes the arguing away from the parents and places it with a neutral third party, therefore, protecting the kids from a fight.
A Social Investigation in a divorce, is typically done by a non-related, neutral third party that is familiar with such situations and can determine the best time-sharing (visitation) schedule and parenting plan for the children. Sometimes these investigations are done by a licensed psychologist or mental health therapist. The individual chosen, generally agreed upon by both spouses, actually speaks with the mother, father and children to find out what the relationships and the structure of the home are like.
The evaluation is designed to help the Judge assess the family situation and what is in the best interest of the children. It is a helpful tool because it takes the fight away from the parties and places the matters in a professional’s hands.

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How is child support determined in Florida? Florida child support is based on Florida Statutes 61.29 and 61.30 , which provides the breakdown for calculating child support. The calculation is designed to put the child in the same position s/he would be if mom and dad lived in the same home. The idea is that mom’s income plus dad’s income equals the child’s net household income, so the calculation determines what percentage of the household each parent is contributing. Also, it gives consideration for the parent paying for daycare and the parent paying for the child’s health insurance.

Child support used to end on the child’s 18th birthday or upon his/her graduation from high school if the child would be 19 at expected date of graduation. It was recently changed and the law now requires that a real date be placed in the child support order so that it self terminates at that time.

Child support previously only provided compensation for time spent with each parent, if the non-primary parent spent over 146 overnights with the child(ren). The law recently changed to give compensation and credit to the non-primary timesharing parent, if that parent 73 overnights with the child, then that is considered “Substantial Time Sharing” and child support is calculated based on the amount of time the child(ren) spends with each parent.

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