Articles Tagged with divorce

child support lawyerIf a couple has children, the Florida courts will ensure that their financial needs are met to the best of the parents’ abilities. Child support pays for things like food, health care, and shelter. You might be wondering about how child support is determined in Florida. This article provides a brief overview of what to expect. If you are looking for an experienced child support attorney in Jacksonville, call Parker & DuFresne today to set up a free consultation.

An Overview of Child Support in Florida

Raising children is expensive. When funds are coming from just one parent, the financial burden can be unbearable at times. Fortunately, in Florida, both parents are obligated to support their child financially. The “Income Shares Model” is used when calculating how much each parent pays in child support. This model is based on how the finances work in an intact household, where the parents money is pooled. The court uses a set of guidelines to determine how much of that money would be spent on supporting the child.

Custody AgreementSplitting up can incite a lot of emotions for all parties involved. When disputes arise an individual may unintentionally break their custody agreement. However, how does one know if they are violating a custody order? A Jacksonville child custody attorney can tell you whether or not you would be violating an agreement.

Frequent Custody Agreement Violations

Here are some common custody agreement violations:

A hand holds 3 burning billsGoing through a divorce is rarely easy and often stressful. A trusted Jacksonville divorce attorney can help guide you through the process, but the clients still have to keep certain things in mind. Divorce often brings up concerns about finances and children. It can be an emotional process that leads to many financial errors that make things difficult for everyone going forward. Here are 4 money mistakes to watch out for during a divorce.

Rushing Without Taking Everything into Account

No one wants to have to go through the hassle of a divorce. However, it is very important to avoid rushing, as it can cause you to miss important details such as:

woman hiding money behind her backUnfortunately, divorce can be a very difficult affair that sometimes brings out the worst in people. One of the ways this happens is when one spouse attempts to hide their assets. There are many reasons why someone would keep certain assets hidden. They may simply want to hide money, or they could be trying to protect certain property that they do not want to risk losing. Though it may not be a criminal offense, hiding assets in a divorce in Florida can still lead to serious legal consequences.

What Are the Consequences for Hiding Assets in a Divorce?

The state of Florida practices equitable division of assets in the cases of divorce. However, this does not always mean an even 50/50 split. In some cases, the court may rule in favor of one spouse receiving more than the other. If the court finds that your spouse has been hiding assets, they will face various penalties, including:

divoice-court-desk-300x200Joint debt is considered to be any debt created by one or both spouses during the marriage. Upon divorce in Florida, the court decides which spouse is responsible for which joint debt. However, divorce court orders do not affect creditors, who will likely hold both partners liable for joint debt regardless of which spouse the court deemed liable. Common joint debts may include car loans, mortgages, credit card debt or other lines of credit. Below we answer some common questions about how joint debts are handled after divorce.

What Happens if the Court Ordered Spouse Decides Not to Pay Their Debt?

When a couple goes through a divorce in Florida, problems may arise if the spouse that was required by the court to pay the debt does not do so. Even if the final judgment in a divorce decree requires one spouse to be fully responsible for joint debt, that order holds no jurisdiction over the creditor. The creditor is likely to seek payment from the other spouse if the one ordered to pay fails to.

a man circling the word facts over mythsThere are plenty of divorce-related myths circulating out there. Sometimes, it can be hard to know what to believe. The Jacksonville divorce attorneys at Parker & DuFresne want to help you separate the facts from the fiction. Here are some of the most common myths about divorce in the state of Florida.

1. The divorce rate is rising faster than ever.

It’s no longer true that the divorce rate in the United States in on the rise. In fact, divorce has been steadily declining since the 1980s, especially among college educated couples. Approximately 70% of marriages that began in the 1990s reached their 15th anniversary.

a woman looks sad over a body of water in JacksonvilleEnding a marriage is a hard choice to make, and unfortunately, it is not always a mutual decision. When one party wants a divorce, and the other does not, it can be an incredibly frustrating situation. In Florida, only one spouse has to want a divorce for a request to be granted, but it does create a few complications. If you find yourself in this position, here are the steps you and your Jacksonville divorce attorney will go through to complete the process.

Filing for divorce in Florida

In the state of Florida, if your spouse does not wish to sign a petition for an uncontested divorce, you will need to file for a contested divorce. You will then need to have your spouse served with papers. This should be done by a sheriff’s deputy in the county in which your spouse lives or by a professional process server. This way it is clearly documented that the petition has been delivered in case you need to request a default judgment after 20 days without a response. In a contested divorce, it is very wise to hire an attorney who specializes in divorce due to the complexities of the type of situation. The emotional and financial consequences are too high to risk not having professional representation.

a father and son sit on a hammockChild support can be a difficult and emotional issue to navigate. The main purpose of child support is to ensure that the needs of children of divorced parents are being met. If you’re going through a divorce you may be confused about how child support figures are calculated, and it may be a major source of conflict between you and your former spouse.

Parents facing a divorce are often concerned about the amount they should expect to pay or the amount which they will receive. It’s important to know that each state has its own guidelines, and your family law attorney in Jacksonville can help you understand these.

Florida law uses an “Income Shares Model” for determining child support, which attempts to calculate how much would have been spent on raising the child if the parents were not divorcing. That amount is then divided between the parents based on their income. To determine this, an income affidavit must be filed by each parent listing their gross income. Gross income includes but is not limited to:

the signature field on divorce papersDividing assets in a divorce can be a very difficult process. Things become even more complex when there are significant assets involved or if the couple divorcing is at all hostile. Since all states have different laws regarding the division of assets, it’s important that you thoroughly understand your state’s specific laws. You may want to seek the expertise of a Jacksonville divorce attorney to guide you through Florida’s specific laws.

In a divorce, only marital assets and liabilities are divided. This refers to all property acquired during the marriage, regardless of ownership or title. One of the first things you should do together is complete a list of all marital assets. If you can do so amicably, it makes the entire process faster and easier. Items that must be on this list include: your home, joint property such as land or vacation homes, any vehicles, valuables like jewelry and artwork, household belongings such as furniture and appliances, bank accounts, securities and retirement plans.

In the state of Florida, the law calls for an equitable distribution of marital assets and liabilities. A judge will set aside all non-marital property, also known as separate property. This is any property that each spouse previously owned and brought into the marriage. But be aware that this is not always so straight-forward, as some non-marital assets can become mixed with the marital property. An experienced Jacksonville divorce attorney can advise you on the technicalities of separate assets.

divorce disclosuresIn a divorce or family law case, people are often concerned that their former spouse or significant other will not be entirely straightforward with their financial information. Through a procedure called mandatory disclosure , the state of Florida mandates that each party is fully informed about the other party’s financial situation.

In simple terms, a mandatory disclosure means that the financial information of both parties in a divorce or other family law case are required to be disclosed. It specifically requires that financial affidavits be exchanged, and this requirement is not able to be waived. Mandatory disclosures must be filed within 45 days of the case being served. They must also be continually updated whenever there is a substantial change in one of the party’s financial circumstances.

On top of the financial affidavit, there are additional documents required which help demonstrate the debts and assets of each party. These documents are furnished as a way to support the numerical figures on the affidavit. Some of these documents may not always be necessary and can potentially be waived if agreed upon by both parties.