Tag: Florida Family Law Attorneys

One of the biggest concerns that many couples who share children have is how divorce could possibly affect their children; specifically, whether pursuing a divorce could interfere with their child’s ability to afford a college education. Below, we discuss how you can prevent your divorce from interfering with this important aspect of your family’s life.

Everyone Should Have a Plan

According to a recent study by Ameritrade, two-thirds of married couples do not have a financial plan in place, even in the event of a spouse’s death. With college costs increasing approximately three percent per year and four out of 10 marriages ending in divorce, this is beyond shocking. The average cost to attend a public, in-state school is $20,770 per year, and a private college costs approximately $46,950. Thus, even without the prospect of divorce, parents need to plan in order to afford college, especially because immediate family costs usually trump saving funds for a college education.

The new tax bill has received a lot of attention in the media. However, many do not realize that it will have implications on divorce and alimony payments (in addition to tax deductions).

Below, we discuss some of the ramifications of the law in greater detail, with a focus on how it complicates divorce.

Perhaps most notably, the Tax Cuts and Jobs Act made significant changes to alimony, eliminating the ability for the alimony payer to deduct the payments from his or taxes, and the mandate for the receiver to pay taxes on alimony payments as income, as applied to divorces entered into after 2018.

Being able to deduct alimony payments was helpful to many families, as it allowed the spouse in the higher tax bracket to transfer money to the spouse in the lower tax bracket, thus allowing for settlements that would pave the way for each party to receive a benefit.

Under the new law, because the alimony payer’s income will be taxed at a higher rate, there will be less money to divide overall between spouses, with more money in general going to the government in the form of taxes.

Child custody and visitation issues post-divorce can get messy and complicated. Violating custody agreements can even be considered a crime when they affect future custody and visitation arrangements, often to the detriment of the involved parties.

For these reasons, you always want to ensure that you are working with an attorney experienced in child custody and visitation matters. This can allow for the establishment of an arrangement that better fits the needs of the particular individuals and families involved, sometimes even preventing future conflict.

Under the law in Florida, anyone—including a parent—who commits interference with custody can be found guilty of a third degree felony. That being said, the law also provides for some defenses, such as when:

Rather than taking the risk of violating a child custody order or agreement, speaking with an attorney as a first step is the best way to ensure that you and your loved ones are protected. An attorney can help protect your rights as a parent and address any concerns you may have regarding child custody arrangements/visitation. An attorney may also assist with any necessary emergency relief, especially if you and/or your child are in danger or feel threatened. For example, working with an attorney to obtain a restraining order and/or emergency custody order from a judge.

Paternity rights can be an important element of a child’s (and family’s) life, and help ensure that not only will the child receive the financial support needed in order to succeed, but also have access to certain benefits and information that could be helpful for the sake of their health and future.

While the law assumes that, when a couple is married, the mother’s husband is the father of the child, things can become more complicated when it comes to children born out of wedlock.

Paternity Law in Florida

Under Florida law, 1) any woman who is pregnant or has a child, 2) the man who believes he is the father of a child, or 3) the child may initiate court action to determine the paternity of the child; particularly, when the paternity has not been established by the law or any other means. Specifically, in order to preserve the right to notice and consent to the adoption of the child, the unmarried biological father must file a notarized claim of paternity form with the Putative Father Registry that deems him the “registrant” and confirms his willingness and intent to support the child. This claim may be filed before the child’s birth, but not after any petition for termination of parental rights has been filed.

Going through a divorce is difficult enough without also taking into account the potential impact that it could have on your children and your ability to spend time with them. There is a significant amount of debate amongst everyone involved—from policymakers, to judges and mental health professionals—on what is best for children. As a result, it is crucial that you educate yourself about Florida state child visitation laws and regulations so that you are prepared to do what’s best to protect you and your family—both by doing the research, and working with an experienced family law attorney.

As in other states, the primary consideration of the law in Florida is what is in the best interest of the child. After divorce, parents in Florida come up with a parenting plan which includes a time-sharing schedule, and that schedule governs each parent’s relationship with the minor child. Once established, the determination or schedule cannot be modified without a showing of substantial, material, and unanticipated change in circumstances (as well as a determination that the modification is in the best interests of the child, of course).