Marriage

May 29, 2020

Cam Unemployment Lower Your Child Support?

There are cases where a non-custodial parent is unemployed and has little or no income. Even a person with little or no income can still have an obligation to pay child support. This is because a parent’s child support obligation can be calculated based upon his or her imputed income, as opposed to actual income. Imputed income is income that the court determines an individual should be making with a reasonable effort.

When child support is calculated a number of factors are used to determine each party’s obligation. The parents’ income, the number of children, and insurance expenses are the major elements in determining one’s obligation. It is not infrequent that a parent will manipulate the system in an attempt to lower his or her income which is aimed at reducing that parent’s child support obligation. This is accomplished in a number of ways. People that own their own business have found numerous ways to receive what would otherwise be income through creative accounting. One way that the court system counter’s this is through the use of imputed income. Sometimes this involves imputing minimum wage. Other times, it is much more complicated and a vocational evaluator may be used.

Although unemployment can no doubt affect one’s income adversely, it may not necessarily affect his or her child support obligation. The courts do not always use imputed income to determine one’s child support obligation. Most situations where it is used involve a parent that is unemployed or underemployed voluntarily. In my practice, I have primarily seen imputed income used where a parent is unemployed and the court will impute minimum wage. There are situations in which much higher income has been attempted to be imputed. In one divorce case with no children that I handled, a Wife of an attorney, requested a vocational evaluation to determine the attorney’s true earning capabilities. A court will usually inquire as to why a parent is unemployed or underemployed and whether or not there is justification for it. A case in which unemployment is caused by an accidental injury would be a likely example of one that may be justifiable. A layoff or company downsizing could also account for why an Obligor is unemployed. Trying to prove that someone is underemployed can be difficult and expensive. One has to prove that there is work available and that the Obligor turned it down. Most of the cases I have handled involving the Dept. of Revenue are examples of situations where it is impractical or not economically feasible for the Dept. of Revenue to pay to have a vocational evaluation. One example of a recent case I came across where there is little doubt that a father has a legitimate excuse (arguably) for not working is where a father must stay home to care for a young child with Cerebral Palsy.

May 15, 2020

HOW IS CHILD SUPPORT TIED TO TIMESHARING?

by Neil Weinreb

Child support is essentially a payment from the higher income parent to the lower income parent. Child support and timesharing have an interesting relationship. The law values the child and parent relationship. A parent’s right to timesharing is not dependent upon being current in child support. It is a frequent mistake among individuals to assume that timesharing can be denied if an Obligor parent fails to keep up with his or her child support. Such has no such relationship to Florida law.

Another misconception is that child support must go to the child specifically. However, it is a general purpose reimbursement which covers the cost of living in a household with children. The amount of child support paid by each parent is dependent upon the amount the Florida child support guidelines determine. The number of overnights the child or children spend with each parent is one of the factors used to decide a parent’s child support under Florida’s guidelines. There is a chart that is published within the Florida Statutes that shows the amount of child support a child is entitled to.

Florida law requires that generally, where there are minor children then child support should be paid. The principle behind this general rule is that entitlement to support belongs to the children and parents cannot decide not to pay support. There are situations in which a parent does not have a child support obligation. In Florida, this must either be because the amount of support owed is very minimal, as determined by the guidelines, or the specific reasons must be enumerated in the child support order. The law allows up to a 5% deviation from the guidelines without further enumeration. Florida has a form known as a Child Support Guideline Worksheet which is required to be filed in every divorce and paternity case where child support is determined. The guidelines account for some of the specific costs of supporting a child, such as health insurance and uncovered medical expenses. As long as a parent is awarded at least 20 percent of the overnights, overnights are a specific factor used to determine a parent’s support. Items like rent, electricity, water, and food are essential items that are not specifically accounted for in the guidelines. Other items that are specifically accounted for under the guidelines are taxes, daycare, and medical costs.

May 6, 2020

Is Adultery a Factor in a Florida Divorce?

by Neil Weinreb

Adultery can certainly be a factor in a divorce. However, adultery is only relevant for limited purposes. Florida is sometimes referred to as a no-fault divorce state. This only means that proving fault is not required to obtain a divorce. There are only two reasons that are acceptable in Florida to obtain a divorce. The most common reason is that the parties have irreconcilable differences. The other is that a spouse is mentally incompetent.

A Court can consider adultery from either spouse, as well as the circumstances involved in making a determination concerning alimony. A considerable amount of discretion is placed in a judge’s hands in determining if alimony should be paid and if so, how much should be paid. F.S. 61.13(3)(f).

Although technically, adultery is not a factor that the court considers in making custody (now know as timesharing) decisions, adultery can be a factor regarding custody issues. The Florida Statutes do allow the court to consider the moral fitness of a party in making a custody determination. F.S. 61.13(3)(f). If a parent can show the court that a parent’s adultery will affect the child, the trier of the fact can consider whether a party’s adultery impacts the best interest of the child or children. In the case Jacoby v. Jacoby, the court determined that the mere possibility of adultery having a negative impact regarding timesharing is not sufficient to make the adultery a consideration. Packard v. Packard, 697 So.2d 1292 (1^st DCA 1997). The important dynamic is whether a party’s adultery will have a direct effect on the welfare of a child. Dinkel v. Dinkel, 322 So.2d (Fla. 1975).

June 28, 2018

Rudy Giuliani Divorce: Why Asset Protection is So Important Prior to Marriage

by David M. Goldman

Former New York City Mayor Rudy Giuliani and his third wife, Judith, are currently involved in a heated divorce. A day after filing for divorce on April 4, 2018, the parties filed for each other to produce a statement of net worth to determine assets. The Giulianis have been married for 15 years and they do not have a prenuptial agreement.

In 2007, when Rudy Giuliani submitted his financial disclosure to the Federal Election Commission while running for president, he was worth an estimated $30 million. The couple own properties in Manhattan and Palm Beach, Florida. It is estimated that there is currently an estimated $60 million in assets at stake. When he married Judith, Rudy was pretty much insolvent and the money he has now was earned while he was married to Judith. New York is a separate property state, but her participation in his success could be a factor for the assets to be split 50/50.

In Florida, mandatory disclosure applies so the Giulianis would not need to file for a statement of net worth. Mandatory Disclosure is the procedure where financial information is automatically disclosed by the parties upon the filing of a divorce. The parties must exchange financial information in the form of a financial affidavit and additional documents such as tax returns, bank statements, credit card statements, deeds, vehicle titles, insurance policies, etc. Mandatory disclosure must be completed within 45 days after service on the respondent.

May 17, 2018

Lessons to be Learned Regarding Interspousal Gifts During a Marriage

by David M. Goldman

The Florida Supreme Court, on March 30, 2017, issued an opinion in Hooker v. Hooker, 220 So.3d 397 (Fla. 2017) finding a Florida horse farm and a New York summer home interspousal gifts and, therefore, subject to equitable distribution as marital property despite a prenuptial agreement in existence. The prenuptial agreement provided that, upon divorce, each party would retain his or her premarital assets and any appreciation of those assets. Both parties had independent sources of income from family inheritances and they maintained separate finances throughout the marriage. The parties were married for 23 years.

The Florida horse farm, “Hickstead,” was purchased in 1989 and the Hickstead deed listed “Alice I. Hooker Trust FBO, for the benefit of, Timothy I. Hooker” as the grantee. Husband and Wife signed the mortgage on Hickstead. When Hickstead was purchased, it was vacant land and it later became through the course of the marriage a working horse farm with 16 stalls, etc. and the marital home in one wing upstairs and the other wing was the staff apartment. Wife was “extremely and directly involved in all aspects of the Hickstead residence which was the family’s primary home for approximately 20 years,” according to the findings of the trial court. Wife was not limited or restricted in any way from incurring the costs and expenses of maintaining and operating a family home at Hickstead, from the Husband’s assets. Wife was provided unfettered access to the stables and horses to pursue her lifelong passion.

The New York summer home, “Lake George,” was purchased in 1997 and was titled only in the Husband’s name and only Husband signed the mortgage. It was purchased, built and maintained as a summer residence for the family. The Husband paid the expenses for Lake George with his independent funds and Wife was never a signatory on that account and never had access to that account. However, the Husband sent Wife a card for their tenth wedding anniversary with a picture of the property after the Wife had expressed a desire to have a home up north and both parties searched for a suitable property.

April 26, 2017

Attorney Fees, Divorces

by David M. Goldman

As a Jacksonville divorce attorney, I understand that attorney fees in divorce cases is an issue that comes up in every case. Whether each person will pay his or her own attorney fees, or whether the other side will be forced to contribute must be decided in every case. This can be done by agreement or a judge will decide. Payment of attorney fees in divorces cases is primarily controlled by Florida Statute 61.16. F.S. 61.16 in its simplest form bases attorney fees on one person’s need and the other person’s ability to pay. The court has the ability to assess fees on a temporary basis, at the end of the case, and even on to an appeal.

The purpose behind F.S. 61.16 in granting attorney fees in some situations, is to level the playing field. The courts would rather family law cases be resolved on the merits of the case rather than based on who has the most money to fight. There are circumstances where a court can order attorney fees based on other considerations that go past ability to pay. For example, the inequitable conduct doctrine can be used to punish an individual who as acted in bad faith throughout the case. Simply refusing to settle a case by itself cannot be considered egregious conduct or bad faith. In cases where one person purposefully frustrates the legal process throughout the case, or intentionally goes against a court’s prior ruling, the inequitable conduct doctrine can be used. Appellate courts have ruled that it should be reserved for the most egregious of cases.

Recently, in the case of Myrick v. Myrick, Florida’s Second District Court of Appeals reversed a judge’s ruling that granted nearly a six-figure attorney fee award to the former husband. The former wife refused to settle the case and apparently gave the former husband a hard time in certain aspects of the case. The second DCA stated that her conduct was not enough to justify the award of attorney fees.

October 8, 2015

Divorce

by David M. Goldman

Florida divorce rates are declining, while marriage rates are increasing, according to a recent article by WCTV. This has been the case for the past year, according to a Department of Health report. Jacksonville divorce lawyers are familiar with the fact that divorces are tough. It is a wonderful thing for the numbers to decrease, even if only by a small amount. Divorces cases are emotionally taxing on families. Divorces are also financially harmful to families.

In Florida, the divorce process is a simple one. It may not always be easy to actually go through it, but the concept is simple. If one person out of the couple believes that the marriage is broken, then there is grounds for a divorce. Some other states require a bit more. This could be one of the reasons why Florida’s divorce rate is slightly higher than the national average.

The major issues that come up in divorce cases are (1) child custody and visitation, referred to as parental responsibility and time-sharing; (2) child support; (3) alimony or spousal support; and (4) the division of assets and liabilities. At the Law Office of David M. Goldman, PPLC, we have experienced Jacksonville divorce lawyers that can help you navigate through the simple, but stressful process of divorce in Florida. Call us today for a free consultation. Our experienced Jacksonville divorce lawyers can help you understand your rights and obligations regarding your divorce. As much as we wish you a long healthy marriage, we realize that things happen and plans change. Let our divorce lawyers get you on the right track. Call today.

August 5, 2015

Divorce Happens

by David M. Goldman

Divorce is an unfortunate reality. It happens to people of all walks of life from the average Joe to household names like celebrity couple Gwen Steffani and Gavin Rossdale. According to TMZ.com, Gwen filed for divorce on Monday. Gwen and Gavin are both successful musicians and have been married for over 13 years, but sources report that Gwen complained that Gavin was a cheater and was on tour with his band too often. Gavin claims that Gwen spent time on the road, as well. Reasons for divorce vary as much as the couples that get them, but there are a few reoccurring themes in divorce cases. Financial issues, cheating, domestic violence, substance abuse, and simply growing apart are the ones I hear most often. Whatever the reason, divorces are common, but knowledge about the process and rights each person has is not common.

The process of getting divorced is legally simple. What is complicated at times, is accomplishing the task. The emotions that go along with the process can make matters difficult, especially where one party is being spiteful or is suffering from emotional pain that enhances the legal battle. Pushing aside the emotions that come along with a divorce, the major issues to be decided are:

Child child custody and visitation (referred to as “time-sharing” in Florida)

December 31, 2013

THE NEW YEARS RESOLUTION OF DIVORCE: INSTEAD OF RESOLVING TO SHED POUNDS, MANY COUPLES OPTING TO SHED THEIR SPOUSE

by David M. Goldman

There are numerous reasons that spouses cite when filing for divorce. These reasons vary greatly. However no matter what the reason, in recent years a new trend has developed on when spouses actually file for divorce- and it is right after New Years Day.

The most common time of year for filing for divorce is the month of January, which is now nicknamed divorce month. In the month of January, the most popular day to file is January 2nd and January 3rd, which is right after the New Years’s Day holiday.

There are probably many reasons why divorce filings double during this period of time. Many spouses report wanting to stick it through the holidays because they feel it will be easier on the family and/or the children. Some couples believe that the togetherness and emphasis on family that comes with the holidays of Thanksgiving and Christmas will solve all of the preceding year’s problems. Sometimes the stress of the holidays makes an already declining marriage much worse.

Since the New Year’s Holiday seems to bring with it a period of reflection and review of the previous year, it may be the last reflection that a spouse needs in order to get them to file. No matter what the reason for the split is, divorce filings double in January. Statistics show that approximately 10 percent of couples don’t make it to their fifth wedding anniversary and roughly 25 percent divorce before they make it to their tenth wedding anniversary.
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November 15, 2013

Why Do Good People Cheat?

by David M. Goldman

Dan Marino, probably the greatest quarterback the NFL ever produced, and champion of autism awareness, cheated on his wife of 28 years and fathered a child with an attractive television personality. Always seen as a clean cut family man and all around good guy, he’s had four children with his wife and adopted two children, and inspired by his autistic son developed the Dan Marino Autism Center with his fortune.

How could someone everyone sees as so good do something so bad? Generally 50 percent of men are assumed to cheat on their significant others and in a study of 400 women, 39 percent admitted to physically cheating on their husbands.

So why is cheating so rampant? It may be that we crave emotional connection. In study after study only around 7 percent of cheating men said all they were after was sex as compared to 48 percent who reported it was the desire to have an emotional connection. Eighty Eight percent of cheaters said the object of their carnal desires was not more attractive than their spouses. It seems that most cheating occurs after someone has formed some close friendship with the person they eventually have an affair with.