House Bill 907 was approved and signed by Governor Crist on June 3, 2010. This bill made a number of changes to child support and alimony laws.
Changes:
1. Requires child support awards to end upon the child reaching the age of majority and, where appropriate, to account for revised child support guidelines based on remaining child support owed.
As a Florida divorce attorney, I find that many of my clients are unaware of the different types of child custody that can be considered as part of a Florida divorce settlement.
In a Florida divorce action that involves minor children, there are four different kinds of child custody to be considered:
Legal Custody – Legal custody means you have both the right and the obligation to make important decisions about your child. This includes education, religion and medical care. In many cases, both parents are awarded legal custody of minor children and share the decision-making responsibility. If joint legal custody is awarded and one parent continually excludes the other from decisions about the child, that parent can be taken back to court for enforcement of the joint legal custody order.
Florida divorce mediation is becoming increasingly popular because of its many benefits, including the fact that it takes less of a toll on a divorcing couple’s finances and emotions. But how do you know if divorce mediation will work in your particular case?
Years of experience as a Florida divorce lawyer has taught me that a couple may be a good candidate for divorce mediation if:
Both spouses want a divorce – if the decision to divorce had been made mutually, it is usually easier for a couple to successfully work together in mediation.
Due to high unemployment and other adverse economic factors, modifying an existing child support order is no longer as uncommon as it used to be. If you have lost your job or have had your income adversely impacted by recent economic conditions, there are two ways in which you can seek a change – either an increase or a decrease — in child support payments.
First, you should work with your ex-spouse to determine if they might be agreeable to a modification in child support terms. If you agree, then you only need to ask a judge to approve the modification.
If you and your spouse cannot agree on modified child support, you will need to go to court. The court can grant either a temporary or permanent modification, depending on your individual circumstances.
When couples decide to divorce – especially when the split is acrimonious – it is not uncommon for one or both to accuse the other of hiding assets. Certainly it is not unheard of for one spouse, anticipating an eventual divorce, to actively hide assets from the other in an effort to come out of the divorce with more financial benefits.
There are a number of common ways that a spouse may hide assets including:
• Hiding cash
If you are considering getting a divorce in Florida and using mediation, you may be wondering if you need an attorney. Legally, the answer is no. But if you’re smart, your answer is yes, you do need an attorney – as an advisor more than an advocate.
Before you begin your Florida divorce mediation, you should consult with a lawyer to be sure you are well educated on your legal rights and the mediation process. A Florida divorce lawyer with mediation experience can:
Explain your options – a mediation lawyer can help you with the mediation process, explain your options, help you find a mediator and help you persuade your spouse to use mediation if necessary.
The news that Al and Tipper Gore are divorcing after 40 years of marriage highlights some important considerations for those who divorce later in life. While the reasons for divorce may be the same as younger couples, the implications can be far different when it comes to dividing assets.
It is generally true that the older the couple, the more assets there are to divide. Florida is an equitable division state, which means that each spouse owns the property and income earned during the marriage. However, ownership is not the sole deciding factor when dividing property in a Florida divorce. A judge will usually assume that the property is to be divided fairly – and that doesn’t always mean equally.
Who gets the house takes on added meaning when a divorcing couple is older. The benefits for older people owning a home include tax exemptions and benefits, reverse mortgage eligibility and access to equity.
Florida divorces do not mean alimony payments. Myths can be cruel to the outside world that is interested in pursuing a divorce. In Florida, there is no such thing as alimony being a certain. Myths such as the following list are created as scare tactics and used to create fear, fear would be having to pay alimony no matter what, fear would also be that you are not entitled to alimony, which is also dependent on Florida divorce law.
1. Is counseling needed before you can get divorced.
2. It matters if I or my spouse had an affair.
Affairs during the marriage matter in a Florida divorce, another common myth tackled by a Jacksonville divorce lawyer. Yesterday, the counseling myth in divorces was discussed. Today, the myth that the affair will bring justice to the innocent spouse will be tackled. This week we will be focusing on the following myths and discuss the truth behind the myths:
1. Is counseling needed before you can get divorced.
2. It matters if I or my spouse had an affair.
Florida divorce myths and realities can be difficult to separate when emotions are involved. This week on this blog we will be looking into them and what the truth is behind the myth. The myths we most commonly hear as divorce lawyers are the following:
1. Divorce counseling is needed before you can get divorced.
2. It matters if I or my spouse had an affair.
