The Holman Law FirmFamily Law Attorneys | Divorce Law Pensacola2024-03-01T06:19:09Zhttps://www.holmanfirm.com/feed/atom/WordPressOn Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540532024-02-27T06:19:23Z2024-03-01T06:19:09ZFiling a petition
The Florida Department of Revenue goes over steps parents can take to modify a child support order. First, either parent can file a petition with the court and provide evidence of the changed circumstances that warrant a modification. The court will review the petition and consider factors such as the parents' income and any other relevant information before making a decision on whether to modify the child support order.
It is important for parents to keep accurate records of their income, expenses and any changes that may affect their ability to pay child support.
Communication with the other parent
Open communication between the parents also helps to address any issues or concerns regarding child support payments and work towards a mutually agreeable solution. If both parents agree to a modification of the child support order, they can submit a written agreement to the court for approval. However, if the parents cannot reach an agreement, the court will intervene and make a decision based on the best interests of the child.
Understanding the process of modifying child support orders can help parents navigate this process and ensure that their children continue to receive the financial support they depend on.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540512024-02-12T06:53:52Z2024-02-15T06:53:41ZPrioritize your emotional and physical well-being
Allow yourself to grieve and process your emotions. According to a piece published by the University of Florida, seeking support from friends or family members who can listen is helpful during the divorce process. Engage in activities that bring you joy and help you relax, such as exercise, meditation or hobbies.
Divorce can take a toll on your physical well-being, so self-care in this area is also important. Maintain a healthy diet, get regular exercise and ensure that you are getting enough sleep. Taking care of your body can boost your mood and provide you with the energy you need to navigate through the divorce process.
Set boundaries
Establish clear boundaries with your ex-spouse to protect your emotional well-being. This may include limiting communication to specific topics or through a designated method, such as email or a co-parenting app. Setting boundaries can help reduce conflict and create a healthier environment for both parties.
Use this period as an opportunity for self-reflection and personal growth. Explore new interests, set goals and invest in activities that promote personal development. Rediscover your identity outside of the marriage and embrace the opportunity for positive change. Remember, self-care is crucial during divorce to help you heal, regain your strength and move forward with your life in a positive and healthy way.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540492024-01-31T06:17:57Z2024-02-05T06:17:39ZTip 1: Document your investments
An effective way to protect your investments during a divorce is to document them. This includes gathering records of all investment accounts. Some of this documentation might include brokerage statements, retirement account statements and any other documentation that demonstrates ownership and value. Maintaining clear records helps ensure that you account for and divide all assets fairly during the divorce.
Tip 2: Consider pre-nuptial or post-nuptial agreements
Pre-nuptial and post-nuptial agreements can also help protect investments in the event of a divorce. These legal agreements allow couples to establish their own terms regarding the division of assets, including investments, in the event of divorce. By addressing investment-related matters in advance, couples can mitigate potential conflicts. They can also reduce uncertainties during divorce proceedings.
Tip 3: Seek professional guidance
Navigating the complexities of investment protection in a divorce can be challenging. Financial advisors can provide invaluable insights and strategies for safeguarding your investments.
Divorce has significant financial implications, particularly when it comes to investments. With careful planning and strategic decision-making, you can navigate the divorce process with confidence and safeguard your financial future.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540472024-01-19T07:15:30Z2024-01-24T07:15:12ZThe impact on children
Children thrive when they have consistent and loving relationships with both parents. Parenting time violations can lead to emotional distress, anxiety and feelings of abandonment in children. It may also affect their academic performance, social interactions and overall well-being. By dealing with these violations, parents can prioritize the child's best interests.
Focusing on parenting time violations also helps foster healthy co-parenting relationships. By holding the violator accountable, both parents can respect the court's orders and work together.
Addressing violations
When informal attempts to address parenting time violations fail, going to court may be necessary. Documenting incidents, keeping a record of missed visitations and gathering evidence can be helpful in court proceedings. The Florida Legislature writes that parenting time violations can lead to various penalties, such as makeup time, paying costs and even contempt of court charges.
Taking action over parenting time violations is necessary to safeguard the emotional well-being and stability of children. When parents handle violations properly, children can maintain healthy relationships with each party, fostering their growth and happiness.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540452024-01-04T06:41:42Z2024-01-09T06:41:27Z1. Legal rights and responsibilities
Establishing paternity grants legal rights and responsibilities to the father. Without legal recognition, the father may find it challenging to make important decisions regarding the child's upbringing, education and healthcare. Paternity provides a legal framework for shared responsibilities between the parents, fostering a stable environment for the child.
2. Financial support
One of the primary reasons to establish paternity is to secure financial support for the child. After establishing paternity, the father can contribute to the child's well-being by providing financial support. This includes child support payments, helping to meet the child's basic needs, such as food, shelter and clothing.
3. Health benefits
Establishing paternity also opens the door to health benefits for the child. The child may receive the father's health insurance coverage, allowing access to necessary medical care. This can be especially important in emergencies or when the child requires ongoing medical attention.
4. Emotional connection and support
Beyond the legal and financial aspects, paternity establishes an emotional connection between the father and the child. It provides the child with a sense of identity and belonging, contributing to their emotional well-being. The father's involvement and support can positively impact the child's overall development.
While historically, mothers often received primary custody, the landscape is slowly changing. In 2019, the percentage of children living with their father only increased to 4.4%. The number of men gaining custody is on the rise, emphasizing the significance of establishing paternity in ensuring fathers play an active role in their children's upbringing and well-being.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540282023-12-21T06:16:37Z2023-12-26T06:15:51Z1. Sole custody
In a sole custody arrangement, one parent receives primary physical and legal custody of the child. The noncustodial parent may still have visitation rights, but major decisions rest with the custodial parent. This arrangement is suitable when one parent is more capable or available to provide a stable environment.
2. Joint custody
Joint custody involves shared responsibilities between both parents. Both parents may share physical custody equally, or one parent may have primary physical custody while both parents make legal decisions collaboratively. Communication and cooperation are vital for the success of joint custody arrangements.
3. Bird's nest custody
In a bird's nest custody arrangement, the child remains in one home, and the parents take turns living there. This approach minimizes disruption for the child, but it requires the parents to maintain separate living arrangements when not at the shared home. It is a unique option that can work well for some families.
4. Alternating weeks or months
This schedule involves the child spending extended periods with each parent, such as alternating weeks or months. This type of arrangement provides stability for the child in each household, and both parents have significant, continuous time with the child.
5. 2-2-3 schedule
The 2-2-3 schedule is a rotating pattern where one parent has the child for two days, the other parent has the child for two days, and then they both share a three-day weekend together. This schedule can offer consistency and frequent contact with both parents.
6. Holiday and vacation schedules
Some families opt for a primary custody schedule with specific arrangements for holidays and vacations. This allows for flexibility in the regular schedule while ensuring both parents have meaningful time with the child during special occasions.
Choosing the right child custody schedule is an important decision that requires careful consideration. It is important to prioritize the child's well-being and maintain open communication between parents. Each family is unique, and finding the right schedule may involve trial and error to discover what works best for everyone involved.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540262023-12-13T05:05:39Z2023-12-19T05:04:57ZUnderstanding alimony
Alimony, or spousal support, is financial assistance the courts require one ex-spouse to provide to the other after a divorce. Aimed at supporting children and assisting ex-wives, alimony has evolved with changing divorce trends.
Florida statutes previously recognized the following four types of alimony:
Bridge-the-gap - Short-term support for transitioning to single life
Rehabilitative - Support for gaining skills or credentials for employment
Durational - Payments for a specific period after a short or moderately long marriage
Permanent - Lifelong payments after a long-term marriage
The new law eliminates permanent alimony and makes changes to the other three types.
Florida's alimony overhaul
Besides doing away with permanent alimony, the new law, CS/SB 1416, introduces lump-sum payments and shifts the burden of proof to the person seeking support. It allows modifications based on factors such as the age and health of the payer, retirement age, economic impact, adultery and existence of a supportive relationship.
Other changes
The law redefines marriage lengths for durational alimony. Short-term marriages are those lasting less than 10 years, moderate-term are those lasting 10 to 20 years and long-term marriages are those lasting 20 years or more.
Rehabilitative alimony now has a 5-year limit. While rules regarding payments for Florida’s 879,000 children who receive child support remain mostly unchanged, the courts now consider moving within 50 miles to be a substantial and material change in circumstances.
The new law took effect on July 1, 2023 and will not retroactively affect non-modifiable agreements.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540242023-12-08T04:14:31Z2023-12-14T04:14:10Z1. Parenting plans and time-sharing arrangements
Many courts believe that divorced parents should get equal time with their children, but selecting a custody arrangement that works for everyone involved can be challenging. In Florida, fathers have a right to see their children regularly and maintain a deep and positive relationship. However, failure to cooperate with an agreed-upon custody schedule may raise red flags for the court and cause it to look at the father unfavorably.
2. Establishment of paternity
Establishing paternity is an important step for fathers looking to assert their rights. Without legally recognized paternity, a father may face hurdles in gaining access to time-sharing and decision-making authority. Establishing paternity ensures that fathers have a legal foundation for asserting their rights and responsibilities.
3. Child support considerations
Child support is another significant factor influencing fathers' rights in Florida. While it is a financial obligation to support the child's well-being, the amount and frequency of payments can impact a father's financial stability. Striking the right balance in child support arrangements is important for both parents to maintain active roles in their children's lives.
4. Domestic violence concerns
Cases involving domestic violence can have a profound impact on fathers' rights. Courts prioritize the safety and well-being of children, and allegations of domestic violence can influence time-sharing arrangements and parental responsibilities. Fathers must navigate these situations carefully to protect their rights while ensuring the child's safety.
5. Relocation issues
While fathers in the Sunshine State have an automatic right to see their children, relocation may hinder time-sharing abilities. The state requires parents to obtain a court order if they wish to move with a child. Having a child live in another state may impact fathers' rights for men living in Florida.
Various factors influence fathers' rights. By addressing these key factors, fathers can better position themselves to assert their rights and play active roles in their children's lives.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=539962023-11-30T03:52:09Z2023-12-05T09:27:38ZLength of marriage
One primary factor in spousal support cases is the length of the marriage. In Florida, marriages fall into short-term (less than 10 years), moderate-term (10 to 20 years) and long-term categories (20 years or more). Shorter marriages may result in lower alimony payments whereas longer marriages may lead to more substantial alimony awards.
Need and ability to pay
The court evaluates the financial situation of both the paying spouse and the recipient spouse. If one spouse requires financial support to maintain a similar standard of living post-divorce, and the other spouse has the financial capacity to provide that support, an alimony award is more likely.
Contributions during the marriage
The court takes into account the non-financial contributions, such as homemaking and child-rearing, as well as financial contributions to the marriage. These contributions can play a vital role in spousal support decisions, especially when one spouse significantly supported the other's career or education.
Age and health
A spouse who is significantly older or in poor mental or physical health and is less likely to re-enter the workforce may have a stronger claim for alimony. This is especially true if they have been financially dependent on their spouse throughout the marriage.
Child custody
The financial responsibilities associated with raising children can impact alimony decisions. If one parent has primary custody and incurs most of the childcare expenses, it may influence the amount and duration of alimony payments.
Some reforms to Florida spousal support laws went into effect in the summer of 2023. These reforms included getting rid of the option for permanent alimony. The courts take into account several different factors to determine a fair and equitable amount of spousal support. However, if financial or personal circumstances change, individuals have the option to seek modifications to their court-ordered payments.]]>On Behalf of The Holman Law Firmhttps://www.holmanfirm.com/?p=540192023-11-21T06:37:46Z2023-11-24T19:47:02ZCustody considerations
Florida bases its custody decisions on the best interests of the child. Both parents have the right to seek custody. The court considers factors such as:
The child's relationship with each parent
The physical well-being of each party
The mental health of each spouse
Each party's ability to provide a stable environment
Demonstrating your involvement in your child's life can strengthen your case.
Financial implications
Divorce involves the division of assets and liabilities. Florida follows equitable distribution and divides marital property fairly, but not necessarily equally. You have the right to assert your financial interests and ensure a fair share of the assets. Provide documentation of your contributions and financial standing to achieve an equitable settlement.
Alimony considerations
A court awards alimony, or spousal support, based on several factors. A judge looks at the length of the marriage, the standard of living and each spouse's financial resources. Men in Florida have the right to request or contest alimony payments. Present a clear picture of your financial situation and any potential challenges you may face.
Protective orders
Knowing your rights regarding protective orders is important if you face false accusations or feel threatened. The court can issue restraining orders to ensure the safety of both parties. If you believe your spouse unfairly targets you, gather evidence and present your case to protect your rights and reputation.
Legal procedures
The divorce rate in Florida is among the highest in the U.S. at 13%. Understanding the legal procedures is essential. Respond to court documents promptly and attend hearings as required. Failure to participate can result in unfavorable rulings. Familiarize yourself with the legal requirements and seek professional guidance if needed.
Knowing your rights in a Florida divorce empowers you to advocate for your interests. Staying informed and being proactive can improve the outcome of your divorce proceedings.]]>