Tag: Florida Divorce and Family Attorneys

According to data from the federal Office of Child Support Enforcement, more than $100 billion is currently pending in back payments owed to parents with custody of their children. In 2011 alone, unpaid child support totaled more than $14 billion.

Many people do not realize just how big of an issue failure to pay child support actually is, and this issue is only compounded when your child’s parent not only fails to pay child support, but also is also unemployed, untraceable, and/or has additional children from a separate marriage. In circumstances like these, working with an experienced family law attorney is the best way to ensure that you remain protected. Below, we discuss some steps you can take if you are owed child support:

Know Your Rights

You and your attorney should discuss your legal rights and responsibilities, as well as the pros and cons of going to court or entering into a settlement. One thing that you absolutely cannot do is prevent your ex from seeing your child in retaliation for failing to pay child support.

On August 30, Fatherly published a heartwarming story submitted by a reader that many divorced or close-to-divorced fathers—and parents in general—would likely find it is an interesting and worthwhile read.

The submission chronicles the story of a father who was thrown off—or rather, immobilized—upon hearing that his wife and mother of his children wanted a divorce. As he describes, divorce especially crushed him because he himself did not have a father figure growing up, and his one goal in life was to be a good father.

Below, we discuss some of the “lessons learned” from fathers who describe becoming better fathers—and sometimes even men—due to their divorce.

Lessons Learned

Up front, the author directly addresses things he should have done differently in his marriage with his ex—talking more, being more affectionate, going on dates, taking vacations, each spouse putting each other first, etc., and what it was like to finally find a partner—a true connection—to share his life with after his divorce. Ultimately, he states that being divorced taught him to be a better father—to value the time he spends with his children even more—and to ultimately put family before work.

People tend to make a lot of assumptions when it comes to divorce, assumptions that can either leave you surprised and in a bind, or looking bad to a court, depending upon what activities you engaged in.

Below, we discuss some factors, issues, and behaviors that surprisingly do not impact divorce settlements.

Florida has what’s known as an “equitable distribution” policy; meaning that marital property is fairly divided between the divorcing parties. Therefore, even if you have been a stay-at-home parent or vice versa—you have been working more—this does not mean that the one earning the money ends up with a larger overall share.

Alimony is a sum of money, lump sum or over a period of time, which a husband or wife is required to pay to his or her former spouse after a divorce and ordered by the court. In fact, in deciding alimony, courts may consider the following:

Also keep in mind that not every inheritance that you receive during your marriage turns into fair game for your divorce negotiations; in fact, the law dictates that as long as this asset is kept separate and was not commingled with marital assets, it can be classified as a non-marital asset to which the non-owning spouse does not have access. If this is of concern, you will want to ensure that you work with an experienced divorce attorney to keep it separate from your shared accounts or assets, regardless of what stage you are at in thinking about or negotiating a divorce settlement.

It is easy to be bombarded by information here and there about how divorce leads to more complicated financial circumstances. However, if you do it right—and work with the right attorney—you can complete the process without placing a financial strain on your family. Below, we discuss some of the pointers to keep in mind as you approach the divorce process:

Interview Several Different Attorneys

 Make sure that you do your homework when it comes to selecting your divorce attorney. Don’t just take one person’s recommendation or work with the first person who comes up online; instead, interview several different attorneys and note who is paying attention, providing you with detailed information on how billing works, etc.

Trust your intuition when it comes to deciding who you are comfortable with. If you sign an engagement letter, make sure that you and your attorney are very clear on what the hourly rate will be. Also make sure to ask whether the attorney works with any junior attorneys and/or paralegals, as that can sometimes lower the overall costs.

Divorce has become more and more common for individuals who are 50 or older (sometimes called a “gray divorce”). The rate of divorce amongst this age group has roughly doubled since the 1990s, and for those 65 and older, it has tripled.

However, that doesn’t mean that there’s a ‘one-size-fits-all’ approach developing; because being comfortable after retirement is of paramount importance for those approaching retirement, there are some dos and don’ts when it comes to divorcing later in life, which we discuss in greater depth, below. In general, whatever funds a couple has accrued in their 401(k) plans, 403(b) or 457 accounts, individual retirement accounts, pensions, etc. will be divided, and therefore, there are some steps to take to protect yourself.

IRA Transfers

First and foremost, any and all IRA transfers need to be done properly, and with the assistance of an attorney who has experience in Qualified Domestic Relations Orders (QDROs), specifically. If they are not done properly, you can be subject to significant penalties and taxes.

As posting on social media becomes more and more popular, it also becomes relevant to divorce proceedings. Specifically, social media activities often either contribute to the cause of the divorce, or can be used against individuals in divorce proceedings.

A study recently published in the Journal of Cyberpsychology, Behavior and Social Networking found that people who use Facebook specifically more than once per hour are more likely to experience conflict with their romantic partners. Often, jealousy or instability stems from people being able to reconnect with old partners, or “emotionally cheat” with others.

In addition, social media posts can absolutely be used against you in divorce proceedings: According to a survey conducted by the American Association of Matrimonial Lawyers, two-thirds of divorce lawyers use Facebook as a primary source of evidence in divorce cases. Below, we discuss some of the most common types of evidence gathered from social media sites for divorce cases:

No divorce is the same as another—each one is unique based upon the relationship and the unique circumstances involved. Still, all divorces have at least one thing in common: the need to make intelligent financial decisions if you’re going through it. Below, we provide some guidance on how to ensure that you are “financially free” after divorce:

Think Of Debt & Credit Scores

While many people contemplating divorce are instinctively concerned about the division of assets, many do not realize that a court also divides financial responsibilities as well, such as debt. Most married couples share accounts, and it can be difficult to maintain your credit if your ex stops paying the bills on a shared account—even if you both agree to take responsibility for this or that credit card or bill. Remember if your name is on something, you are responsible for it—regardless of what the court documents indicate.

When couples are contemplating or going through divorce, they already have too much to worry about: Depending upon their particular circumstances, that often includes the family home, the children, assets, and more. The last thing that most couples anticipate is also having to tackle an insurance dispute.

And yet, life insurance policies are one of the most important aspects of the divorce, but without ensuring that the proper documentation is in place, divorcing couples could be setting themselves out for a serious battle.

Support in Perpetuity

Life insurance policies can provide support and assurance where other payments—such as alimony—cannot, as they terminate upon death. Under the law, former spouses can remain named beneficiaries to life insurance policies even after the divorce has long been finalized.

Carefully Craft Your Divorce Settlement

A recent decision out of the United States Court of Appeals for Sixth Circuit upheld the importance of divorce decrees (i.e. settlements) even over later changes in named beneficiaries in terms of what qualifies for a qualified domestic relations order under the Employment Retirement Security Act. This decision reinforces the importance of carefully crafting settlement agreements.

As highlighted by this CNBC coverage, taking financial missteps during divorce can leave you in bad shape, especially if you and your ex’s finances are closely intertwined. It is crucial that you understand the implications of all the financial decisions being made, even if you are working with an attorney and/or financial advisor.

Below, we discuss some of the mistakes you’ll want to ensure that you avoid:

The Family Home & Liquid Assets

Many people going through divorce think about whether they should keep the family home for the sake of their kids and providing consistency and routine. However, it is important to note that the mortgage that you could once afford with two incomes may no longer be sustainable to stay in.

In addition, if you are offered the family home in exchange for your ex obtaining particular investments (such as the brokerage count or retirement savings), remember how costly keeping the house could be. It may not behoove you to take that trade.

The payment of child support after divorce is very important to families for a variety of reasons, the most obvious being that the monies are used in furtherance of the child’s well being and to establish an appropriate quality of life for the child.

Unfortunately, Florida ranks fairly poor among U.S. states, as it relates to social and economic conditions for children, making child support payments that much more important in our state. For example, in 2016, Florida was ranked 39^th in the nation in the Best & Worst States for Underprivileged Children report.  

Child Support Guidelines in Florida

Florida, like other states, has a set formula (or guidelines) for determining child support. Under Florida state law, the judge may vary this plus or minus five percent from the guideline amount after considering all relevant factors, including the needs of the child, age, standard of living, and the financial status and ability of each parent. If the amount varies more than five percent, there must be a written finding explaining why staying within the five percent guideline would be unjust or inappropriate. This can also be the case whenever the child spends a substantial amount of time with either parent, whether temporary or permanent.