Articles Posted in Child Support

Mediation is an alternative dispute resolution that is mandatory in a Florida divorce, paternity, or modification case, but many people do not see the process as the benefit it is.  During mediation, the two parties will meet with a mediator who is an unbiased and uninterested person in the case.  The mediator will try and help the parties resolve all disputes related to the family law case.  If an agreement is reached, it is drafted and submitted to the Court for approval so the case can be closed.  While the process is straightforward, there are still many myths related to the process.  Your Jacksonville family attorney can assist you in understanding the mediation process.  Below are the biggest myths about family law mediation in Florida, and the truth behind them.

The Mediator Will Make All the Decisions

This is simply untrue.  Mediators do not make any of the decisions when they meet with parties going through a divorce, paternity, or modification case.  They cannot force either party to do, or not do, anything.  Instead, they are only there to help you and facilitate you and your spouse, ex-spouse, or co-parent to reach an agreement.  If you cannot reach an agreement and your case requires litigation, it is the Judge that will make all the decisions.  Your Jacksonville family attorney is here to assist you in mediation and to represent you in any litigation should you not reach agreement.

Your domicile is the place upon which an individual has voluntarily decided to reside permanently.  In the ordinary sense, a persons domicile is the place where he lives and where he has his or her home.  However, the legal definition is more specific.  The plan in which a person has his or her permanent home and principal establishment upon which he intends to return whenever he is absent would fit the legal definition of domicile.

Why is it Important to Determine Domicile?

The domicile that one chooses has legal consequences. One’s domicile determines which state can probate a will.  It also determines which state can collect estate taxes when someone dies.  One’s domicile establishes where an individual may exercise certain legal rights and privileges.  Where one has the privilege to vote is determined by domicile.

It is no secret that going through a divorce is expensive.  Although there is very little that you can do about certain costs of your divorce, such as what you may or may not lose during property division hearings, there is one area of expenses you can control.  That is your legal fees and costs.  All divorce attorneys in Jacksonville will charge something to legally represent you during the process, and the advice and counsel they bring to your case is invaluable.  Still, there are some ways that you can keep the legal costs down, so you do not face unexpected charges in the future.  Your Jacksonville divorce lawyer can explain to you in your initial consultation how to keep your legal costs down but here are some basic tips.

Call and Email Only When You Have To

            Most divorce lawyers in Jacksonville will charge you for every time they devote to answering your phone calls and emails.  However, you likely want them to spend this time preparing for your trial, mediation, or other aspects of your case.  You will have may questions during the divorce process, and you deserve to have them answered.  Instead of incurring fees every time you have a question, prepare a list of questions, and ask them all at once.  Your Jacksonville divorce lawyer will still charge you, but you will likely incur fewer legal fees.

Do You Know Your Rights in Child Support Court?

In a child support case, one cannot be incarcerated if they do not have the present ability to pay.  Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985).  Although this case is binding on Florida courts, the author believes that self represented individuals do not get the benefit of legal protections against incarceration or cancellation of a driver’s license or professional license.  The author believes that one reason for this is because laymen tend to believe that an administrative agency must take a neutral position (similar to a judge).  This is not the case when it comes to collection of child support by the Florida Department of Revenue.  The author, in the next paragraph is going to summarize the case of Bowen v. Bowen to give readers a clearer understanding of child support issues when the Florida Department of Revenue is involved.

The Case of Bowen v. Bowen.

It is not uncommon in a divorce case for one of the spouse’s not to want to end the marriage.  One partner may think that there is a chance of working things out and resolving their differences, or they may not want to legally dissolve the marriage for other reasons.  If your spouse has started divorce proceedings, and you really don’t want a divorce, your options may be limited but there is something you can do.  Florida is one of seventeen states that follow No-Fault laws in divorce cases.  The Petitioner only has to allege that the marriage is irretrievably broken. If you really do not want a divorce you should answer the Petition for Dissolution by alleging you do not believe the marriage is irretrievably broken.  Florida Statute §61.052(2)(b)1 allows you to request the Court to Order you and your spouse to marriage counseling.  It is rarely done and there are specific requirements that must be met.  Your Jacksonville Family Lawyer can assist you in understanding this law and representing you in Court.

In order for a spouse to utilize this statute, the parties must have a child together.  If the Court grants the request for marriage counseling, psychiatrist, priest, minister, rabbi, or any other professional the divorce will be placed on hold for approximately three months to allow the counseling to take place.  Florida Statute §61.052(2)(b)2 allows the Court to continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation.  During any period of continuance, the Court has jurisdiction to make appropriate orders for the support and alimony of the parties; a parenting plan, support, maintenance, and education of any minor children of the marriage; attorney’s fees; and the preservation of the property of the parties.  Consult your Jacksonville Family Lawyer for assistance with your case.

As previously stated, the above statute is rarely used.  This is because if one person wants to end the marriage, counseling is usually not effective.  By the time a person has made the decision to start the divorce process, they have usually given it a lot of thought and intend to go through with it.

What is Support without Dissolution?

Section 61.09 allows a married individual to file for support (child support and alimony) where a person does not seek a dissolution.  This statute allows a party to seek alimony or child support.  However, that party may or may not request the entry of a parenting plan.  A final judgment of support does not include distribution of marital assets.  This type of action is sometimes referred to as separate maintenance.

“If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.”  F.S. 61.09.

If Your License is suspended for Child Support Obligations, What Can You Do?

Florida law allows one’s driver’s license to be suspended when they fail to meet their support obligation.  If your license is suspended as a result of child support obligations that are not satisfied, you should understand the law.  If one truly cannot pay their obligation because they simply do not have the financial resources to do so, your license cannot be suspended, but you must act promptly.

Your License Can Be Suspended for Child Support Failures

Why Timesharing is Important?

A dissolution can be a very emotional experience for some.  This is especially true when a divorce involves children.  The current rules require that when parties have children, a parenting plan must be developed.  The parenting plan details parental responsibility, timesharing (formally referred to as visitation), and child support.  It may also include additional details unique to a particular child or children, or it may address a unique family situation.  Although the Court system attempts to equalize timesharing between parents, this is not always possible.  Parents may work or live so far apart that a 50% timesharing schedule would be impractical.

What Are the Different Types of Timesharing?

What is a Prenuptial Agreement?

A prenuptial agreement is a contract between two persons that are contemplating marriage that predetermines how property and other issues are to be dealt with upon divorce.  Prenuptial agreements require full disclosure by both parties.  This means that each party should be ready and willing to provide their present financial picture to the other.  Without such disclosure, the agreement may be susceptible to legal challenge.

What are the advantages of such an agreement?

Jacksonville Adoption Attorney, Neil Weinreb helps clients understand what is an adoption under Florida Law?

In Florida an adoption is a process whereby an individual can become the legal parent of a child.  It can result in a greater level of fulfillment to the lives of adoptive parents.  It can also provide a loving and stable home to a child suffering from poverty or neglect.

What types of adoption are available in Florida?

There are three (3) categories of adoption.

  1. There are non-relative adoptions,
  2. there are adoptions that occur as a result of a dependency case, and
  3. there are step parent adoptions.

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