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Tag Archive for: child support

Freezing High Conflict Divorce Litigation for the Collaborative Process

March 1, 2015/1 Comment/in Collaborative Divorce, Divorce, Divorce Process //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, high conflict divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

I strongly suggest that any person who is in the initial stages of a Florida divorce consider engaging in the collaborative process from the very beginning.  This simply means that each spouses hires an attorney solely for the purpose of helping them reach a divorce agreement.

The attorneys are contractually prohibited from wasting time and money on preparing for trial (90% or so of all divorce cases settle, yet millions and millions of dollars are spent each year preparing for a trial that rarely happens).  Discussions are held in a private, respectful, and transparent atmosphere, and other professionals are brought in as needed to tend to the parties’ financial and emotional needs.

But some clients are resistant to the collaborative process because of perceived cost issues or they feel they need to have a gunslinger to take out their spouse.  And many attorneys will not engage in the collaborative process because litigation work is pretty profitable or they have not invested the time and money in taking an introductory collaborative training.

And so there are plenty of divorce battles going on in the Florida court system.  It is not uncommon for those battles to go on for two, three, four, or more years, and for the parties to spend hundreds of thousands of dollars in attorneys’ fees, expert witness fees, deposition fees, document production fees, forensic evaluation fees, court reporter fees, and so on, and feel no closer to a final resolution of their divorce.

But there is something that can be done to change the dynamics.

Read more →

https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2015-03-01 12:20:392017-07-12 21:59:02Freezing High Conflict Divorce Litigation for the Collaborative Process

Florida Collaborative Divorce: A Flowchart

November 8, 2014/1 Comment/in Collaborative Divorce //Tags: business valuation, child custody, child support, co-parenting, collaborative attorney, collaborative child specialist, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, equitable distribution, International Academy of Collaborative Professionals, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

Many people come to my Tampa office because they heard collaborative divorce is private, respectful, conducive to co-parenting, and usually quicker than the traditional courtroom divorce.  But they do not quite understand logistically how the collaborative process works.

The first thing to understand is that each party is represented by his or her own attorney whose sole purpose is to help the parties reach a settlement.  The attorneys are contractually barred from engaging in costly, damaging contested court battles.  If parties want to fight one another in the court system, they must choose different litigation attorneys.

A neutral facilitator, who usually is licensed in a mental health profession, is involved in most collaborative cases.  The facilitator not only helps the parties (and attorneys) focus on the future rather than rehash the arguments of the past, but he or she also teaches the parties communication and dispute resolution techniques that will help them and their families long after the divorce is finalized.

A neutral financial professional is also oftentimes used to efficiently ensure financial transparency between the parties, to develop personally-tailored options for support and the division of assets and debts, and to help the clients budget to give them the best chance for financial security once their divorce is finalized.

Some folks are visual learners, and so my firm has created a flowchart that shows how a collaborative case might proceed.  Please understand that, depending on the facts of your case and the needs of your family, your collaborative divorce process may be customized differently:

Read more →

https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-11-08 10:32:302016-03-11 10:55:55Florida Collaborative Divorce: A Flowchart

Florida Family Law: Mandatory Disclosure

August 23, 2014/0 Comments/in Florida Family Law Rules of Procedure, Divorce, Divorce Documents //Tags: alimony, bridge-the-gap alimony, child support, child support hearing officer, collaborative financial professional, dissolution of marriage, divorce, durational alimony, equitable distribution, family law, family law attorney, family law procedure, financial affidavit, Florida alimony, Florida alimony laws, Florida family law pleadings, Florida petition, long term alimony, lump sum alimony, mandatory disclosure, modification of final judgment, obligee, obligor, permanent periodic alimony, petition for dissolution of marriage, post-judgment modification, property division, rehabilitative alimony, separate maintenance, service of process, spousal support, support unconnected with dissolution of marriage, support unconnected with divorce, temporary alimonyby Adam B. Cordover, Attorney-at-Law

When you file and serve a petition in a Florida family law case that involves financial issues such as child support, alimony, or the division of property in debts, a clock starts ticking.  Within 45 days of the initial pleadings being served on the respondent, each party is required to provide the other party with a whole host of financial documents and information.

This is what is known as Mandatory Disclosure, and it is governed by Rule 12.285, Florida Family Law Rules of Procedure.

The following are a list of documents that are required to be exchanged:

(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than $50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of
Procedure Form 12.902(c).

(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past 3 years.

(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared. Read more →

https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-08-23 08:59:522017-07-12 22:11:59Florida Family Law: Mandatory Disclosure

“Next Generation Divorce” Takes On A New Meaning At St. Pete Pride

July 6, 2014/0 Comments/in Collaborative Divorce, LGBT Family Law Matters //Tags: alimony, bisexual parental rights, child custody, child support, collaborative attorney, collaborative divorce, dissolution of marriage, divorce, equitable distribution, gay parental rights, lesbian parental rights, LGBT custody rights, LGBT family law, same sex divorce, same-sex parentsby Adam B. Cordover, Attorney-at-Law

Last Sunday, I met a lot of people who had a lot of questions regarding their parental and family law rights.  My law firm sponsored a booth at the St. Pete Pride festival in St. Petersburg, Florida, where I discussed topics such as adoptions, name changes, and LGBT child custody rights.  I also had the chance to talk about collaborative family law, a private form of dispute resolution which I have used to help same sex partners amicably separate.

20140706-153645-56205458.JpgAt the pride festival, I was wearing a metal name tag that I received from my collaborative family law practice group, Next Generation Divorce.  Next Generation Divorce is comprised of over 100 caring attorneys, mental health professionals, and financial professionals dedicated to helping parents and divorcing spouses handle difficult issues amicably and with their dignity intact.  I happen to be Next Generation Divorce’s current president and, needless to say, I strongly support the organization’s drive to help folks resolve disputes respectfully through the collaborative process.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-07-06 16:46:312016-03-11 11:39:38“Next Generation Divorce” Takes On A New Meaning At St. Pete Pride

What Your Florida Divorce Lawyer May Not Be Telling You

June 22, 2014/0 Comments/in Collaborative Divorce, Divorce, Divorce Court //Tags: child custody, child custody case, child support, co-parenting, collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, contested divorce, divorce, Florida child custody, florida divorce, Hillsborough County, International Academy of Collaborative Professionals, Manatee County, Next Generation Divorce, no fault divorce, parenting plan, Pasco County, Pinellas County, Sarasota County, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

The vast majority of divorce attorneys in Tampa Bay and around Florida are good, hardworking people with their clients’ best interests always at mind.  However, there is one divorce option that more and more financial and mental health professionals agree is the best way to handle a family law matter, and yet many attorneys will not tell their clients about it:  collaborative divorce.

Collaborative divorce is a private form of dispute resolution where each spouse hires their own attorney only for the purposes of helping to negotiate a marital settlement agreement. Collaborative attorneys are contractually prohibited from going to trial or bringing any contested issues to be decided by a judge.

Trial Divorce = Big $$ for Attorneys

This is one reason why there are a lot of divorce trial lawyers who are against collaborative divorce:  attorneys make a lot of money billing time for trial-related activities such as depositions, interrogatories, witness preparation, exhibit analysis and selection, and trial itself.  Trial attorneys bill this time even though they know that 95% of all divorce cases end in settlement, even sometimes after trial but right before a judge issues a ruling.   Read more →

https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-06-22 12:53:302017-07-12 21:55:51What Your Florida Divorce Lawyer May Not Be Telling You

Consequences of Not Paying Florida Child Support

May 27, 2014/0 Comments/in Collaborative Divorce, Florida Family Law Rules of Procedure, Florida Statutes //Tags: child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, contempt, enforcement, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

If a court orders you to pay child support, I have two words for you: Pay It.  Child support is taken so seriously by the Florida and federal government that it is one of the few types of debts that cannot be discharged in bankruptcy proceedings, and it can be enforced against you no matter which state in this country you live in or move to.

The Florida Statutes and Florida Family Law Rules of Procedure provide several consequences of not paying support.

Read more →

https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-05-27 20:00:032016-03-11 15:51:59Consequences of Not Paying Florida Child Support

Powers of Hillsborough County Child Support Enforcement Hearing Officers

January 12, 2014/0 Comments/in Administrative Orders //Tags: 13th Judicial Circuit, administrative order, alimony, arrearages, child support, child support hearing officer, Hillsborough County, spousal support, support unconnected with dissolution of marriage, support unconnected with divorceby Adam B. Cordover, Attorney-at-Law

If you are involved in a support matter involving the Florida Department of Revenue, then your case will be heard by a Child Support Hearing Officer, rather than a judge.  But what are the powers of the Hearing Officer?

Hillsborough County Chief Judge Manuel Menendez, Jr., recently updated procedures for cases involving Child Support Hearing Officers, and 13th Judicial Circuit Administrative Order S-2014-002 designates to them the following powers:

A. Hear contested income deduction orders and recommend entry of appropriate orders in accordance with section 61.1301, Florida Statutes;

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-01-12 18:02:402016-03-11 16:27:22Powers of Hillsborough County Child Support Enforcement Hearing Officers

Changing Your Tampa Bay Child Support Obligation

January 8, 2014/0 Comments/in Divorce //Tags: child support, child support guidelines, modification of final judgment, post-judgment modification, substantial change in circumstancesby Adam B. Cordover, Attorney-at-Law

It is a new year, and oftentimes that means many changes.  You may have changed jobs or been laid off from work.  You may have been transferred to a different office, or you may have received a promotion.

Any of these occurrences, or other substantial changes in circumstances, may be the basis for a modification of your Florida child support obligation.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-01-08 10:47:372016-03-11 16:35:24Changing Your Tampa Bay Child Support Obligation

The Military, Florida Divorce, and Residency Requirements

November 11, 2013/0 Comments/in Case Law Update, Florida Statutes //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, Collaborative Law, collaborative practice, divorce, equitable distribution, Florida, florida divorce, Florida family, Florida Statutes, military divorce, property division, residency requirementby Adam B. Cordover, Attorney-at-Law

Florida Statutes Section 61.021 imposes a residency requirement for divorce cases:  One of the parties must have lived in Florida for at least 6 months prior to the filing of the petition for dissolution of marriage.  This generally means that a spouse will have to be physically present in Florida fort six months and have the intent to remain a permanent resident of Florida.

However, Florida does provide exceptions for members of the military.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-11-11 11:12:012016-03-11 16:50:30The Military, Florida Divorce, and Residency Requirements

Florida Divorce, Financial Affidavits, and Privacy

November 5, 2013/0 Comments/in Collaborative Divorce, Divorce, Florida Family Law Rules of Procedure, Private Divorce //Tags: alimony, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, financial affidavit, Florida alimony, International Academy of Collaborative Professionals, paternity, post-judgment modification, postmarital agreement, postnuptial agreement, premarital agreement, prenuptial agreement, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

In almost any Florida family law matter that involves financial issues, such as child support, alimony, division of property and debt, or attorney’s fees, parties are required to exchange and file Florida Family Law Financial Affidavits.  Financial Affidavits outline each party’s source(s) of income, as well as expenses, assets, and liabilities.

And, when they are filed, they become part of the public record, accessible by anyone.

Most people, for any number reasons, do not want their financial profile to become public.  And yet, when people go through the traditional litigated divorce, that’s exactly what happens.

But it does not need to be that way.

Read more →

https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-11-05 21:47:372019-04-03 09:27:28Florida Divorce, Financial Affidavits, and Privacy
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