How Is Child Support Calculated In Florida?

When making decisions on child support during a divorce case, there is no one fixed number a judge will use. Instead, many different factors are considered when the amount of support is being decided. Below, our Tampa child support attorney explains some of the main factors a judge will consider when trying to resolve a dispute.  In essence, Florida uses a worksheet to determine the amount of child support for which each parent will be responsible.  It is called the Florida Child Support Guidelines Worksheet.  It incorporates many of the aspects listed below and normally the Worksheet will control how much child support is paid.

The Income of Each Parent

One of the main deciding factors in any child support case is the income each parent earns. The court will consider the gross income of each parent, including wages, salaries, bonuses, commissions, and overtime pay. Profits from a corporation or partnership, disability payments, and social security income can all be used to determine the income each parent earns. When one parent is unemployed, or underemployed, the court may use the current minimum wage to impute, or accurately evaluate, the income for that party.

The Child’s Standard of Living During the Marriage

The standard of living the child enjoyed during the marriage and prior to the divorce is another factor considered by the courts when determining child support. The court will try to award enough support to ensure the child’s standard of living before the divorce is maintained afterward, too.

The Needs of the Custodial Parent

The court will start with the presumption that the parent who spends more time with the child will incur additional expenses for their needs. If the non-custodial parent earns a higher income than the parent with the majority of parenting time, the non-custodial parent will likely be ordered to pay more to cover the child’s expenses.

The Amount of Overnight Visits

The number of overnight visits each parent spends with the child is also a factor considered when determining the amount of overnight visits. When a child is in one parent’s custody, that parent is financially responsible for them. If the non-custodial parent spends one overnight visit with the child and the other parent spends the rest of overnights with the child during the week, the court may award the parent with a larger amount of child support.

Special Needs Children

A very common factor considered when determining the amount of child support are any special needs the child may have. For example, if the child has special educational needs or medical needs, it is not uncommon for the court to require the higher-income earner to pay more in child support payments.

How Our Child Support Attorneys in Tampa Can Help with Your Case

If you are going through a divorce that involves children, determining the amount of support, as well as the parent who will pay it, will be a very big factor in your divorce. At All Family Law Group, P.A., our Tampa child support attorney can answer your questions, and help you determine how much you may receive or be ordered to pay. Call us now at 813-672-1900 or contact us online to schedule a free consultation of your case and to learn more about how we can help.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

flsenate.gov/laws/statutes/2012/61.30

Figuring Out Where to File for Divorce

Many people think the hardest part of getting divorced is making the decision to end the relationship, but this step is just the first in a complicated and technical process to legally sever ties with a spouse. To initiate a divorce, a petition must be filed with a court that has jurisdiction, or authority, to hear the case. Deciding which courthouse is the appropriate location depends on a combination of residency and venue. To file for divorce in Florida, at least one of the parties must be a resident of the state for at least six months. What counts as residency is not always straightforward, especially if a couple only lives here part time or recently moved to another area following separation. Further, once residency is settled, a person must then determine in which county courthouse to file the petition. Filing it in the wrong place can cause the case to be dismissed, and require the person petitioning for divorce to accrue additional expenses associated with re-filing in the correct county. As an example of the potential complications of jurisdiction, a professional baseball player in the middle of a stalled divorce case, due in part to competing petitions filed in two different states, is seeking to move the divorce to Florida, his home state and where his wife and child currently live. These issues may seem like technical rules that have little effect on the outcome on the case, but they can be important if another state has the right to grant the divorce, as laws differ, or the parties live in different counties or ends of the state. Some of the complications that can arise with residency and venue will be explored below.

What Makes Someone a Resident?

Courts do not want to make decisions in cases where a party lives far away because the interests and property underlying the case are distant, making it more difficult for the court to hear all relevant evidence and enforce any orders issued. Thus, a prerequisite to divorce is at least a six month residency of one or both spouses during the time period immediately preceding filing for divorce, and this requirement cannot be waived by agreement. However, residency is more than just where a person is physically located – there must also be intent to remain in Florida as a resident. However, a party to divorce does not have to be in the State during the prior six months if he/she is temporarily living elsewhere. If there is a dispute over where a person’s principal place of residence is, such as in the case of “snowbirds,” a fact-based analysis must be used to decide where a person’s chief place of household interests or affairs is located. To make this determination courts will look at:

• how many months during the year a party lives in a particular state;
• where the party holds a valid driver’s license;
• where the party is registered to vote;
• where taxes are paid; and
• where cars are registered.

If a court decides neither party qualifies as a Florida resident, the matter will be dismissed, and the party petitioning for divorce will need to re-file in his/her home state.

Choosing the Right County

Venue, or which county to file the petition, can be another tricky issue. Florida law says that venue is determined by the county in which the couple last lived together. The problem comes when spouses disagree over where that place is, which can happen if there were frequent moves. For example, if a couple owned a home in Hillsborough County for 10 years, but then separated, sold the house, and moved to different counties, under the law, the appropriate venue is in Hillsborough regardless of the fact neither party lives there any longer. However, the parties can agree to a particular venue that is more agreeable, as long as the court will accept the case.

Talk to a Florida Divorce Attorney

Divorces are often more complicated than they seem at first, which is why an experienced divorce attorney is the best resource you can use to obtain the results you want. The Tampa Bay law firm All Family Law Group, P.A. is dedicated to promoting your rights, and tailoring their approach to your needs.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Paternity – Child Support and Timesharing

Parenting brings many pleasures as well as responsibilities. When parents are married to each other when the child is born, paternity is not typically an issue. However, when a baby is born to unmarried parents, paternity is not definite until it is established legally. If both parents agree, they can sign a form called a voluntary acknowledgment of paternity. This form, once properly completed and notarized, must be submitted to the court. If parents are not able to agree as to this solution, either parent may take the matter to court to establish paternity.

Establishing Paternity

The mother, alleged father, a legal representative, or the Florida Department of Child Support Services may start the legal process of establishing paternity. The process begins by filling out and filing a petition to determine paternity. When a case is started the court will order DNA testing for the mother, father, and child. In a situation where the child is not yet born, the case can be started but cannot be completed until after the birth. Once paternity is established the court may also make decisions regarding other issues such as custody, child support, visitation, and health insurance.

Paternity Rights and Responsibilities

Both parents have the right to spend time with their children, unless there is some situation preventing it. In addition to spending time with the children, parents are able to make important decisions regarding such things as medical care, education, and religion. Additionally, both parents must provide for their children. Under Florida law, when a paternity case is settled in court the judge has the ability decide issues related to custody and visitation. If these are not part of the order the mother has full legal custody of the child. For this reason it is important for fathers to take part in these proceedings and gain visitation and the ability to make decisions for the child.

Child Support and Timesharing

Once paternity is established it comes with obligations by both the mother and father.  Child support and timesharing are two separate issues that must be resolved either by the agreement of the parties or by order of the court.  A Parenting Plan must be filed in all cases involving children.   Furthermore, it is important to initially set up a timesharing arrangement that allows both parents time to spend with the child, as modification of a timesharing schedule may be difficult once a final judgment is entered.

Paternity Disputes

With today’s technology, paternity can be more easily established and is less likely to be wrong. Sometimes, fatherhood may be disputed. When this occurs it is usually necessary to seek guidance from a qualified paternity attorney. The court requires DNA testing be done according to strict standards and if not properly followed, the case could become lengthy and expensive. If you are not certain that you are the father of a child it is best to find out as soon as possible. You will be required to respond and provide proof in court, if the mother disputes that you are the father. These issues can be complex and emotional so they are best handled quickly and as early in the life as possible.

If you need to establish paternity or defend claims of paternity it is helpful to seek guidance from a qualified attorney. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Florida Military Divorce

The decision to divorce is never an easy and it may be even more difficult when one or both spouses are members of the military service. Divorce can be stressful and confusing, but it is especially complicated for members of the military. There are a number of concerns and considerations that can make divorce more complex in these situations. If you have decided to divorce it is best to speak with a reputable Tampa military divorce attorney as soon as possible.

Jurisdiction Concerns

One of the first questions that may come up in a military divorce is jurisdiction. Jurisdiction refers to the location that governs the divorce case. While a military member may be stationed in Florida, the actual residence may be in another state. Conversely, military members may be Florida residents but are stationed elsewhere. It is important to note that Florida has special rules in place to handle these types of situations.

When the couple has minor children, issues that have to do with them are handled in the state where they have been residing for the past six months. Since service members may be deployed to another location after a divorce proceeding begins, the matter can become more complicated. Under the Soldiers and Sailors Civil Relief Act, a divorce may be postponed while one spouse is actively deployed out of the country. These issues must be discussed with a competent military divorce attorney.

Support Issues

Military branches each have their own guidelines regarding support, which would take effect in cases where there is no other agreement or court order. In addition to support, there are special issues that must be considered regarding military pay and allowances. While military allowances are often tax-free, military pay is not.

There are many types of pay and allowances. Some of the common types of pay include basic, combat, hazardous duty, and flight. Allowances may be made for housing, subsistence, disability, and per diem, among others. Your attorney needs to review the military member’s pay for support and other requirements.

Equitable Distribution of Property

In Florida, as in other states, marital property must be distributed equitably between partners in a divorce. This can be more complicated when it comes to members of the military. The spouse of a service member may be eligible for direct government payment if they meet the 10/10 rule. This states that payment is made if the spouse has 10 years of marriage that overlap with 10 years of active duty service.

Another important calculation must be made in regards to division of retirement pay. Since these issues can be complex they require an experienced military divorce attorney in order to be sure that the matter is properly handled. Otherwise, the circumstances could end up costing you quite a large sum of money.

Help from a Skilled Military Divorce Attorney

If you are interested in a military divorce, it is likely that you have many questions. Meet with a qualified divorce attorney with experience in military divorces. This can be essential in achieving an equitable divorce. Your attorney will guide you through the process from start to finish, ensuring that your rights are protected.

Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

What Amount Child Support Can I Expect to Receive?

Recently, divorcing couple Kenneth Griffin and Anne Dias Griffin of Illinois gained some measure of notoriety after Dias Griffin’s recent court filings were made public. Those filings include a request from Ms. Dias Griffin for over $1 million per month in alimony and child support to support herself, the couple’s three children, and four nannies. The request includes $300,000 for a private jet, $160,000 for vacation accommodations and hotels, $60,000 for office space and a professional staff, and $14,000 for groceries and meals. (Each of these amounts represents monthly amounts requested.) Lawyers for Mr. Griffin claim that Ms. Dias Griffin had unsuccessfully attempted to obtain a similar amount as an alimony award and is now attempting to obtain the amount as a child support award.

Can I Get $1 Million in Child Support?

Most divorced parents who are the primary caregivers for their children do not expect $1 million per month in child support. But some such parents depend on the monthly child support check in order to make ends meet for themselves and their families. Budget-conscious and newly-divorced parents in particular may be unfamiliar with how a Florida court establishes a child support order.

Courts in Florida are required to follow the Florida Child Support Guidelines when calculating a child support order. These guidelines direct the court to consider the net income of the parents as well as the number of children and the healthcare and childcare costs of the child. Florida law sets out a formula that must be used by the court to calculate the child support amount based on this information. The resulting child support amount is a presumed amount, meaning that a court is obligated to order that specific amount unless special circumstances exist. If no such special circumstances exist, the amount is presumed to be enough to support the parties’ children.

What if the Presumed Amount is Not Enough to Cover My Child’s Expenses?

Sometimes the costs of raising a child are greater than the presumed amount of child support. For instance, a child with a medical condition may require routine and expensive procedures or medicines. In such cases, the parent providing care for the child can ask the court to award more support than the presumed amount. A court is able to do so only if it makes specific written findings that show why the court believes the presumed amount of child support is not enough to provide for the care of the child.

We Can Help You Make Sense of Florida Child Support

There is no such thing as a “typical” child support calculation, as each calculation needs to take into account the specific situation of the parties. The experienced divorce and family law attorneys at All Family Law Group can evaluate your particular facts and circumstances and help you understand what child support amount is presumed in your case. Where this presumed amount is inadequate, we will aggressively fight for the child support you need to provide for your children. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Divorce Does Not Have to be Difficult

Earlier this year, a “selfie” of a smiling Florida couple’s photo went viral after it was posted on Instagram. At first glance, the photo seems rather ordinary, though its popularity likely came from the caption, which explained that the couple’s divorce had just been finalized. You would generally not expect two people whose marriage was just dissolved to be posing together with excited looks on their faces. However, Keith Hinson–the former husband in the photo–explained that theirs was the “most friendly, respectful, and loving split imaginable.”

This photo demonstrated that divorce does not have to be a painful battle and that it is possible for two people to dissolve their marriage in relative peace. This kind of amicable split is rare, however, often because of the number of issues that need to be settled before a court will grant a divorce. Such issues commonly include debt and property division, alimony, child support, child time-sharing, parenting plans, and more. Too often, by the time one spouse files for divorce, there is substantial discord between the couple. This can cause bitter disagreements over many issues, which can lead to lengthy and acrimonious battles in court.

How an Attorney Can Help Keep the Peace

If you wish to have a peaceful and respectful divorce, the assistance of an experienced divorce lawyer is imperative. An attorney can help you explore numerous options that can assist you in solving problems and settling issues outside of a courtroom. These can include:

• Negotiation;
• Mediation;
• Collaborative divorce; and
• Simplified dissolution of marriage.

Often, such solutions can involve a team of professionals, including attorneys for each spouse, financial advisors, business advisors if applicable, psychologists, child specialists, and more. An experienced lawyer will have access to these and other resources that can assist in coming to a peaceful and swift resolution. If successful, such dispute resolution options can not only save you peace of mind but may also be significantly more efficient in both time and money.

Having a Tampa divorce attorney who understands your goals is extremely important. Too many lawyers head straight to the courtroom without considering alternative dispute resolution (ADR) options. For this reason, you should always question a potential attorney about their philosophies and approaches to divorce and ADR. If you are capable of resolving your divorce issues in a civil and efficient manner, everyone–you, your former spouse, and your children–will surely benefit. Preserving a friendly relationship will also help you co-parent in the future.

Contact an Experienced Tampa Divorce Attorney Today

While divorce can be a difficult process, the assistance of an attorney can make it much easier. A family law attorney will understand the issues that you are going through and has an ethical duty to represent your best interests in all matters related to your divorce. The Tampa lawyers of All Family Law Group are dedicated to helping people with a variety of legal issues resolve them as favorably as possible while keeping legal costs low. Anyone seeking a divorce or need help with any other family law issue should  not hesitate to call All Family Law Group in Tampa Bay at 813-756-4857 for a consultation at no charge.

By Lynette Silon-Laguna Google+

What Factors does a Court Consider when Awarding Florida Alimony?

The end of a marriage can be a trying time, both emotionally and financially. For many people, fundamental aspects of their daily life will change dramatically, including where they live, how often they see their children, their day-to-day routine, and even whether or not they have a job. In some cases, one of the parties to a marriage has forgone pursuing a career in order to support his or her spouse, or may have left the workforce early in order to raise a family or manage the marital home.

Florida Alimony

Of course, the parties to a marriage both have financial needs, both during the marriage and afterwards, should it end. The law that governs the way marriages end recognize this fact, and provide for an equitable distribution of the marital assets upon dissolution. Additionally, Florida Courts are authorized by law to award additional financial support based on one party’s need and the other party’s ability to pay. This type of arrangement is referred to as “alimony” by Florida law, but can also be called “spousal support” or “maintenance.” There are several types of alimony that may be awarded, including bridge-the-gap, rehabilitative, permanent, durational, or lump-sum alimony.

Several Factors Considered

In determining whether or how much alimony to award, Florida courts are specifically authorized to consider the adultery and the circumstances under which it occurred. If the court decides to award alimony to either party, it can consider all relevant factors, including the following:

• The standard of living the couple enjoyed during the marriage;
• How long the marriage lasted;
• Each party’s age and physical condition;
• Each party’s financial resources, including the distribution of the marital and non-marital assets and debts;
• Each party’s contribution to the marriage, including caring for children, caring for the home, education, and career building of the other party;
• The earning potential, education, job skills, and employability of both parties and the time it would take either to obtain education or training that would allow either party to obtain employment;
• Each party’s responsibility with respect to children;
• The tax consequences of an alimony award;
• All sources of income available to either party; and
• Any other factor necessary to achieve equity and justice between the parties.

As one can see, courts have significant discretion in Florida in determining whether and how much alimony to award. As a result, it is important for anyone seeking alimony to present their case in the strongest light possible. An attorney who understands how Florida family courts operate can help collect and present evidence on your behalf in a way that will maximize your chances of obtaining a favorable result. In some cases, an attorney may even be able to negotiate an alimony settlement with your spouse without intervention by the court.

Contact a Tampa Family Attorney Today to Schedule a Free Consultation

Anyone who is seeking to obtain or avoid an alimony payment should discuss their situation with an experienced family law attorney as soon as possible. Contact an experienced Tampa Bay alimony attorney at All Family Law Group, P.A. by calling 813.321.3421 for a consultation at no charge.

By Lynette Silon-Laguna Google