Are you considering divorce?
Florida is a non fault divorce state. Either spouse can file for dissolution when the marriage is irretrievably broken. It is not necessary that both parties agree on that the marriage is irretrievably broken. The issues that normally arise during the divorce proceedings are: parental responsibility, time sharing, equitable distribution of the assets, alimony and child support. In the face of these important decisions, it is crucial that each spouse retains independent legal counsel.
Alimony Requirements
Under some circumstances, one spouse can be ordered to pay support to the other spouse. These payments can be temporary, permanent or rehabilitative. Spousal support can be waived by the spouse entitled to it. Each spouse considering divorce should discuss with an attorney beforehand if she or he may be entitled to some type of alimony. Some of the factors that the court will consider for an alimony award are: the length of the marriage, age, health, education, need and ability to pay of each spouse.
Once the Court determines that there is a “need” for alimony and an “ability to pay” alimony, then the question becomes what type of alimony should be awarded and in what amount. Recently the Florida Legislature modified the statutes to give exact definitions for what constitutes a short term, moderate term and a long term marriage.
Based upon the consideration of all of these factors and issues:
Alimony can take many forms including:
- Permanent Period provides for ongoing monthly payments until the death or remarriage of recipient. Recent changes in the law allow modifications in cases of “cohabitation in a financially supportive relationship,” even without remarriage.
- Durational Alimony is awarded to provide the party with financial assistance during a period of time following the marriage, and may be modified or terminated. Durational alimony may not be awarded for a period of time exceeding the length of the marriage.
- Rehabilitative Alimony is alimony paid to allow the spouse to gain new educational and/or employment skills so that they can support themselves. Rehabilitative alimony awards require that a specific “plan” be submitted to the Court for the nature, length and costs of the education or employment training necessary.
- Bridge the Gap Alimony is alimony designed to carry a spouse over for a shorter period of time so that they can reestablish themselves. The new statute now specific limits the period of time that Bridge the Gap Alimony can be awarded to two years.
- Lump-Sum Alimony is awarded by a Court when ongoing monthly payments are not possible or are not likely to be made in a timely manner.
Child Support
In Florida, the child support is calculated based on statutory guidelines, taking into consideration the combined net income of the parents. Child support cannot be waived by the parents, because it belongs to the child. An attorney can help you calculate how much, approximately, the child support will be.
It is important to know that Child Support belongs to the children and cannot be waived by the Parents. Child Support is statutory in Florida, meaning that the statute or law itself determines the amount of child support based on the net monthly income of the parents.
The most critical aspect in the preparation of the Child Support Guideline Worksheets is determining the net monthly income of the parents.
Another important aspect of child support is determining who gets the tax deductions for the minor children. This is an important aspect of negotiating a settlement or taking a case to trial.
Parents have an obligation to support their children financially. If you are having trouble with unpaid child support, we can help you take the correct legal steps to try and enforce your award, collect past due child support, and make sure future child support is collected promptly. Similarly, if you are still paying child support for a child who is an adult, then call our office to discuss what our family law lawyers in Miami-Dade, Broward, and Palm Beach Counties can do to assist you with this problem.
Are you considering parental relocation?
In Florida, the standard for relocation is the best interest of the child. There is no presumption for or against relocation. If the non custodial parent feels that his or her relationship with the child will be affected by the relocation, he or she should talk to an attorney to consider all the factors in detail and the possibility of filing an action in court.
Are you considering marriage?
Florida allows for prenuptial agreements. These are very useful tools when the spouses to be want to plan in advance how things will be handled between them after marriage and in the event of dissolution. Prenuptial agreements are especially useful in the case of second or subsequent weddings and when there are children of previous marriages.
Do you have other family law matters ?
Duane A. Crooks is an experienced and caring attorney. He understands that divorce is one of the most stressful times in the life of a person. His firm is committed to provide excellent and cost effective representation to his clients, and at the same time, to maintain a personal relationship with them. Mr. Crooks believes that communication between attorney and client is a key factor to obtain the best possible results for each particular individual.
