Tag Archive for: divorce

Vast Changes Proposed to Florida Alimony Statute

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Permanent Alimony?  A thing of the past.  Standard of living during the marriage?  That factor is so passe.  Payments past retirement?  Not any more.

These are just a few of the vast changes that will be made to section 61.08 of the Florida Statutes (the “Alimony Statute”) if the current version of House Bill 549 is passed and signed into law.  Below you will find the proposed changes to the Alimony Statute (proposed additional language is underlined while proposed deletions are stricken):

61.08 Alimony.—
(1) In a proceeding for dissolution of marriage under s. 61.052(1)(a), the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or long-term permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both, which may not exceed 20 percent of the payor’s monthly net income to include all sources of income averaged over the last 3 years of the marriage. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

Factors in Relocating with a Child

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If you are or have been involved in a child custody case and you wish to move with your child, you must make sure to follow the procedures of section 61.13001, Florida Statutes (the “Relocation Statute”).

Often times, parents are able to come to an agreement on relocation.  The Relocation Statute has specific requirements for the agreement, and the agreement must be filed with the court and ratified by a judge.

But what if you and the other parent cannot come to an agreement?  What specific factors does a judge look at to determine if relocation is in a child’s best interests?

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Video: Divorce Sale

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After a spouse gets a divorce, he or she may find it therapeutic on the mind and wallet to purge many of the items equitably distributed to him or her:

Keep in mind that (unless you are in agreement with the other spouse or have an order from the court) you should wait until the divorce is final prior to selling your items.  Otherwise, you may be accused of wasting or attempting to hide assets that would otherwise be eligible for the judge to split up during the equitable distribution phase of your case.

If you have questions regarding the division of assets and liabilities and you are seeking to hire a Tampa Bay divorce lawyer, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online form.

Potential Disadvantages of Collaborative Law

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Though I have advocated the use of the collaborative process in family law cases (for example, here, here, and here), it is only fair to note that there may be disadvantages to a collaborative law case.  Jon Crouch over at The Family Law New Blog explores some of those potential disadvantages:

1. In litigation, you can use the timing and immense stress and fear of impending trials to get people to sign settlements they never would agree to if they actually had time to consider them.

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Pew Report Observes Non-Resident Fathers

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A recent report conducted by the Pew Research Center’s Social and Demographics Trends project makes some interesting findings:

  • “Absent” or “non-resident” fathers are defined as those that do no live with their children;
  • The number of children not living with their father has doubled from 1960 to 2010;
  • Four in ten non-resident fathers communicate with their children several times a week, while one in five spend time with their children more than once a week;
  • One in three non-resident fathers report that they talk or exchange e-mail with their children less than once a month; and
  • Twenty-seven percent of absent fathers say they have not seen the children at all in the past year.

In Florida, generally speaking, each parent has a right to spend time with his or her children, and each parent has a responsibility to contribute financially to the child’s support.  If there is a court order pertaining to child custody, these rights and responsibilities can usually be enforced by contempt.

If you have questions regarding paternity or child custody and you wish to speak with a Florida family law lawyer, contact The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our online form.

Relocation With A Child Outside of Florida

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If your child has ever been subject to a custody proceeding (such as divorce, paternity, or temporary custody), then you are likely restricted in where you can move with the child under section 61.13001, Florida Statutes.  This law, known as the “Relocation Statute,” prevents a parent from moving a child more than 50 miles except under certain circumstances.

The first circumstance allowing relocation is if both parents agree.  However, strict requirements must be followed.  The agreement must:

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Updated Parenting Education and Stabilization Course Provider List

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Pursuant to section 61.21, Florida Statutes, all parties in a divorce or paternity matter in which custody is an issue are required to attend a 4-hour Parenting Education and Stabilization Course.  Periodically, the Department of Children and Family Services publish an updated list of approved parenting course providers.

You can find the latest list of approved parenting course providers (updated November 4, 2011) here.

If you have questions regarding child custody and you wish to schedule a consultation with a Tampa Bay custody lawyer, contact The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our online form.

What is Collaborative Divorce About?

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You may have heard of collaborative divorce, which is a new, innovative form of family law that puts people above process.  Courtesy of the International Academy of Collaborative Professionals, below you will find “Collaborative Practice at a Glance”:

  • Encourages mutual respect.
  • Emphasizes the needs of children.
  • Avoids going to court.

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Video: Confidential Information In Your Court File

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The Florida Association of Court Clerks provides the following video regarding confidential information in court files:

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Child Custody and “Best Interests”

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When a Florida family law judge makes a custody determination, the judge’s main concern is establishing a parenting plan that is in the best interests of a child.  The parenting plan will outline, among other things, parental responsibility (the authority to for a parent to make decisions regarding a child’s welfare) and a time-sharing (visitation) schedule.

A whole host of factors go into an analysis of where a child’s best interests lie.  The factors are laid out in section 61.13(3)(a)-(t), Florida Statutes:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.