Child Custody
Child custody is usually one of the most heated areas of a divorce. Parents have stark opinions regarding how their children should be raised, and determining legal and physical custody is therefore of the absolute importance. Child support and timesharing tie in to custody as well, so there are many issues regarding these matters. We approach child custody disputes, modifications and enforcement with the utmost diligence, taking the time to fully understand our clients’ needs and concerns so we can develop a game plan that will assist them in reaching their goals. Although the Florida courts typically award shared custody, there are some circumstances where sole custody may be awarded to one parent because the other –parent’s history of domestic violence or a problem with alcohol or drug abuse. No matter the facts of your case, you can count on our firm to protect your parental rights and do what’s in the best interests of your children. Click here to learn more about child custody.
There are many post-divorce related matters our firm can help our clients with, such as the modification of child support, modification of child custody or modification of alimony and the relocation of children. If you are having trouble receiving the support you are entitled to or your ex-spouse is not complying with visitation or custody orders, we can assist with the enforcement of settlement agreements, enforcement of court orders and contempt of court proceedings.
Our expertise in this complex and highly emotional field, helps us to protect the rights of both civilian and military clients, mothers, fathers and step-parents in all family law related matters.
Divorce
Are you considering a much-needed divorce? Are you and your spouse in agreement on getting a divorce and need guidance in putting the paperwork in settlement? Have you been served with divorce papers and need to file an answer or response?
Having a lawsuit is emotionally draining and stressful enough. Especially if the nature of the case is very personal such as divorce. Just like legal separation, child custody, child support, paternity issues, alimony and domestic violence, divorce hits right at the heart and can get quite nasty and downright difficult. It can also be very expensive and negatively life altering, if not done correctly.
The Right Representation
In the unfortunate event that you need to seek a divorce lawyer, there are several things that are essential to look for:
He or she must be knowledgeable in the family law of your state
Must be compassionate and understanding of your situation
Aggressive enough to fight for your rights
Proactive in communication as you need to be kept in the loop of what is going on with your case
Divorce can be very confusing and can drag on for a long time unless you get a good divorce lawyer that can minimize the negative impact of the proceedings for your peace of mind. Choosing wisely is critical as he or she will not just be your legal representation but will also act as your counselor on the process. Getting a good divorce lawyer will save you and your family the additional confusion and heartaches during these trying time in your lives.
The Law Offices of Adam Franzen, LLC can represent you. We represent clients’ for uncontested, simplified and complex contested divorce cases.
Florida is a no-fault state. This means that it does not matter whose “fault” the divorce is. However, it may be a consideration in the distribution of assets if it can be established that one party dissipated a marital asset for a non-marital purpose. Additionally, if there are negative reasons or “fault” in a divorce, it may be relevant for a Judge to determine whether or not alimony is awarded. Usually though, a couple only needs to state that their marriage is irretrievably broken to have their divorce granted.
Divorce-Types of Divorce in Florida
Contested Divorce v. Uncontested Divorce
A contested divorce is a divorce in which the parties do not agree on exact terms of the divorce, whether that be a custody/visitation of minor children or division of property. If the case is contested, those matters will be presented to a Judge who will decide the payment of alimony, distribution of assets/liabilities, child support, parental responsibility, and custody/visitation of the minor children. Prior to getting to the Judge however, you are required to attend mediation. Mediation is where a neutral third party encourages the resolution of disputes through a non-adversarial process and helps the parties in reaching a mutually fair agreement. Additionally, mediation may save the parties money, time and emotion well being by helping to resolve the difficult issues early in your case.
An uncontested divorce is a divorce in which the parties agree on all terms of their divorce and have mutually agreed on a Marital Settlement Agreement which solidifies the parties’ agreement as to their liabilities and assets, minor children, child support, alimony, etc. The Marital Settlement Agreement or MSA will be incorporated into a Final Judgment of Dissolution of Marriage at a Final Judgment Hearing in front of the Judge.
Simplified Divorce
Florida has a procedure for a Simplified Dissolution of Marriage. To qualify to use this procedure, the spouses shall certify that:
(I) there are no minor or dependent children of the spouses and the wife is not pregnant;
(II) the spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations;
(III) that one of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage; and lastly
(IV) that their marriage is irretrievably broken. Spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each party must also attach a financial affidavit to the Simplified Dissolution Petition.
If you are facing a divorce or need more information on filing for a divorce, contact a knowledgeable Family Law Attorney for legal representation. Don’t make the mistake in trying to do it yourself and do not retain an inexperienced family law attorney. The consequences can be grave. It is more difficult to modify a final judgment of dissolution of marriage than having it done correctly in the first place by Attorney Franzen.
The Law Offices of Adam Franzen, LLC uses an aggressive and common sense approach to representing its client’s throughout South Florida and surrounding areas.
Call for a confidential consultation (954 )462-5790
Child Custody/Visitation & Parental Responsibility
“Custody” is no longer a term used by the courts and “Time-Sharing” is the proper term used to mean the sharing of time with the minor children by both parents or parties.
“Shared parental responsibility” means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their children. Both parents confer with each other in good faith and with cooperation, so that major decisions such as education, religion or medical needs affecting the welfare of the children will be determined jointly.
“Sole parental responsibility” means a court-ordered relationship in which one parent makes the decisions regarding the minor children. This is only awarded if shared parental responsibility would be detrimental to the child. Evidence of domestic violence or child abuse can be considered by a judge in assessing detriment.
It is the public policy of the State of Florida to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities of child rearing.
Here are factors the court considers:
Florida Statute 61.13 (3) Parenting and time-sharing.
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the minor child, including, but not limited to:
(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.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule. A parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.
If you are facing a divorce or need more information on filing for a divorce, contact a knowledgeable Family Law Attorney for legal representation. Don’t make the mistake in trying to do it yourself and do not retain an inexperienced family law attorney. The consequences can be grave. It is more difficult to modify a final judgment of dissolution of marriage than having it done correctly in the first place by Attorney Franzen.
The Law Offices of Adam Franzen, LLC uses an aggressive and common sense approach to representing its client’s throughout South Florida and surrounding areas.
Call for a confidential consultation (954 )462-5790
Child Support
Are you considering a divorce? Are you already involved in a divorce? Do you have a minor child(ren) but are not married? The court has the power to establish either or both parents of a minor child to pay child support. The amount of child support depends upon the needs of the minor child(ren) and the ability of the parties to pay in addition to time sharing or over nights had by both parties with the child(ren). Courts consider the age of the minor child(ren), the earning ability of each party involved, the standard of living for the minor child(ren) if this is a divorce case, and the emotion and physical health of the minor child(ren).
In the State of Florida, Child support guidelines are used in calculating child support. The Florida child support guidelines are a formula to calculate a reasonable amount of child support. It’s based upon the parents’ incomes, the needs of the minor children and the number of minor children. If a parent is unemployed, or under employed, a court has the ability to “impute” income to that parent based upon criteria as education, experience, skills and prior employment. Click Here for 2011 Child Support Guidelines.
The court can also deviate from the Florida Child Support Guidelines by using the following factors as consideration:
Florida Statutes 61.30(11)
(a) The court may adjust the minimum child support award, or either or both parents’ share of the minimum child support award, based upon the following considerations:
1. Extraordinary medical, psychological, educational, or dental expenses.
2. Independent income of the child, not to include moneys received by a child from supplemental security income.
3. The payment of support for a parent which regularly has been paid and for which there is a demonstrated need.
4. Seasonal variations in one or both parents’ incomes or expenses.
5. The age of the child, taking into account the greater needs of older children.
6. Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.
7. Total available assets of the obligee, obligor, and the child.
8. The impact of the Internal Revenue Service dependency exemption and waiver of that exemption. The court may order the primary residential parent to execute a waiver of the Internal Revenue Service dependency exemption if the noncustodial parent is current in support payments.
9. When application of the child support guidelines requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order.
10. The particular shared parental arrangement, such as where the child spends a significant amount of time, but less than 20 percent of the overnights, with the noncustodial parent, thereby reducing the financial expenditures incurred by the primary residential parent; or the refusal of the noncustodial parent to become involved in the activities of the child.
11. Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt which the parties jointly incurred during the marriage.
(b) Whenever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support, as follows:
1. In accordance with subsections (9) and (10), calculate the amount of support obligation apportioned to the noncustodial parent without including day care and health insurance costs in the calculation and multiply the amount by 1.5.
2. In accordance with subsections (9) and (10), calculate the amount of support obligation apportioned to the custodial parent without including day care and health insurance costs in the calculation and multiply the amount by 1.5.
3. Calculate the percentage of overnight stays the child spends with each parent.
4. Multiply the noncustodial parent’s support obligation as calculated in subparagraph 1. by the percentage of the custodial parent’s overnight stays with the child as calculated in subparagraph 3.
5. Multiply the custodial parent’s support obligation as calculated in subparagraph 2. by the percentage of the noncustodial parent’s overnight stays with the child as calculated in subparagraph 3.
6. The difference between the amounts calculated in subparagraphs 4. and 5. shall be the monetary transfer necessary between the custodial and noncustodial parents for the care of the child, subject to an adjustment for day care and health insurance expenses.
7. Pursuant to subsections (7) and (8), calculate the net amounts owed by the custodial and noncustodial parents for the expenses incurred for day care and health insurance coverage for the child. Day care shall be calculated without regard to the 25-percent reduction applied by subsection (7).
8. Adjust the support obligation owed by the custodial or noncustodial parent pursuant to subparagraph 6. by crediting or debiting the amount calculated in subparagraph 7. This amount represents the child support which must be exchanged between the custodial and noncustodial parents.
9. The court may deviate from the child support amount calculated pursuant to subparagraph 8. based upon the considerations set forth in paragraph (a), as well as the custodial parent’s low income and ability to maintain the basic necessities of the home for the child, the likelihood that the noncustodial parent will actually exercise the visitation granted by the court, and whether all of the children are exercising the same shared parental arrangement.
10. For purposes of adjusting any award of child support under this paragraph, “substantial amount of time” means that the noncustodial parent exercises visitation at least 20 percent of the overnights of the year.
(c) A noncustodial parent’s failure to regularly exercise court-ordered or agreed visitation not caused by the custodial parent which resulted in the adjustment of the amount of child support pursuant to subparagraph (a)10. or paragraph (b) shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph shall be retroactive to the date the noncustodial parent first failed to regularly exercise court-ordered or agreed visitation.
As a part of child support, some things the court may order are that the payor spouse/parent maintain health insurance for the minor child, maintain a life insurance policy to guarantee the continued payment of child support in the event of the payor’s untimely death, require the payor to make child support payments into a central depository, and have an income deduction ordered on the payor spouse to his or her employer.
If you are in need of representation on child support matters, contact an aggressive South Florida Family Law Attorney for immediate legal representation. The Law Offices of Adam Franzen, LLC uses an aggressive but common sense approach to client representation throughout South Florida and surrounding communities of Florida.
Call for a confidential consultation (954) 462-5790
Modifications
Have you finished your divorce? Is there now a child support order in place? Do you have a parenting plan you want changed or modified because circumstances have changed since the divorce?
Divorce and child support orders along with parenting plans are based on the circumstances of the situation that existed at the time they were agreed upon. Those circumstances may have changed. If you would like to change a divorce decree, change an existing order of child support or modify a child custody/visitation modification, the Law Offices of Adam Franzen LLC, can represent you family legal needs.
The standard you must prove in a modification request is that a “substantial change in circumstances has occurred”. These examples of substantial changes in circumstances are: lower income on your part and/or a higher income on the other party; required relocation to maintain employment; increase in the minor child’s needs because of medical problems; child abuse; drug abuse; and any substantial change in circumstance that was not contemplated at the time of the final order.
If you are in need of representation on a modification request, contact an aggressive South Florida Family Law Attorney for immediate legal representation. The Law Offices of Adam Franzen, LLC., uses common senses approach to client representation throughout South Florida and surrounding communities of Florida.
Call for a confidential consultation (954) 462-5790
Property Division/Split
Florida is an equitable distribution state. This means that all marital assets and liabilities will be “equitably” divided or split. You start with the premise that everything is 50/50 but that does not necessarily mean that all property will be divided exactly in half. Equity means fairness in the eyes of the law.
Any asset acquired and any liability incurred during the marriage through the use of marital funds or marital labor is a marital asset or marital liability. Checking and savings accounts, pensions, 401(k)s, mutual funds, airline miles, credit card accounts, mortgages, IRAs, vacation homes, stocks and bonds, HELOCs, automobiles and auto loans, etc. are all examples of marital liabilities and assets.
Typically, there is a marital home that needs to be distributed in a divorce. Since real estate can’t be divided, it must either be sold and the proceeds if any divided among the parties, or one spouse has to buy out the other spouse’s interest. In some circumstances where there are minor children, an award of exclusive use and possession of the marital home until the youngest child reaches emancipation (18 or graduates from high school under most circumstances) is appropriate. That would permit the parent who spends the majority of the time with the children to stay in the marital home without having to sell it or buy out the other spouse’s interest. Alternatively, the residence would be sold and the proceeds divided after the youngest child graduates from high school.
Non-marital property, is property that was acquired outside the marriage; either before the parties were married, by inheritance, or by exclusion from a pre-nuptial agreement. However, in order to remain non-marital property, such assets must not have been commingled with marital assets (i.e., put your spouse’ name on your non-marital home or used non-marital account to pay marital bills).
Florida Statutes 61.075 Equitable distribution of marital assets and liabilities.–
(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:
(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.
(2) If the court awards a cash payment for the purpose of equitable distribution of marital assets, to be paid in full or in installments, the full amount ordered shall vest when the judgment is awarded and the award shall not terminate upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt owed from the obligor or the obligor’s estate to the obligee or the obligee’s estate, unless otherwise agreed to by the parties.
(3) In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:
(a) Clear identification of nonmarital assets and ownership interests;
(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;
(c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;
(d) Any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities.
(4) The judgment distributing assets shall have the effect of a duly executed instrument of conveyance, transfer, release, or acquisition which is recorded in the county where the property is located when the judgment, or a certified copy of the judgment, is recorded in the official records of the county in which the property is located.
(5) As used in this section:
(a) “Marital assets and liabilities” include:
1. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them;
2. The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both;
3. Interspousal gifts during the marriage;
4. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs; and
5. All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim for a special equity.
(b) “Nonmarital assets and liabilities” include:
1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;
2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;
3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset;
4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and
5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a nonmarital liability only of the party having committed the forgery or having affixed the unauthorized signature. In determining an award of attorney’s fees and costs pursuant to s. 61.16, the court may consider forgery or an unauthorized signature by a party and may make a separate award for attorney’s fees and costs occasioned by the forgery or unauthorized signature. This subparagraph does not apply to any forged or unauthorized signature that was subsequently ratified by the other spouse.
(6) The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage. The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.
(7) All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities. Such presumption is overcome by a showing that the assets and liabilities are nonmarital assets and liabilities. The presumption is only for evidentiary purposes in the dissolution proceeding and does not vest title. Title to disputed assets shall vest only by the judgment of a court. This section does not require the joinder of spouses in the conveyance, transfer, or hypothecation of a spouse’s individual property; affect the laws of descent and distribution; or establish community property in this state.
(8) The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party. After the determination of an equitable distribution of the marital assets and liabilities, the court shall consider whether a judgment for alimony shall be made.
(9) To do equity between the parties, the court may, in lieu of or to supplement, facilitate, or effectuate the equitable division of marital assets and liabilities, order a monetary payment in a lump sum or in installments paid over a fixed period of time.
If you are in need of representation on equitable distribution, contact a experienced and aggressive South Florida Family Law Attorney for immediate representation. The Law Offices of Adam Franzen, LLC. uses an common sense approach to client representation throughout South Florida and the surrounding communities.
Call for a confidential consultation (954) 462-5790.
Contempt and Enforcement
Do you have a parenting plan in place or a child support order? What about a property settlement agreement? Is alimony ordered in your case? The terms of a divorce settlement represent binding legal obligations on both parties.
Any aspects of a paternity or final order of divorce can be enforced. A typical problem that people face with post divorce, is child support. For instance, if the parent who is to pay child support declines to make payment(s), the parent entitled to receive support may enforce the child support order by petitioning the court for enforcement of that order. Child support enforcement includes: contempt of court, driver’s license and motor vehicle registration suspension, withholding a refund due on a motor vehicle impact fee and withholding refunds on federal income taxes. Lastly, once all remedies have been depleted, professional licenses or certificates can be sought to be suspended or denied.
Failing to pay court-ordered obligations may also result in contempt charges. The judge may place the violator in jail for willfully withholding these payments, but before doing so must provide a purge amount that gives the violator an opportunity to pay the monies that is owed.
Another problem people face post divorce is with visitation conflicts in which parents seek enforcement or contempt. Failing to turn over minor children at the assigned time or place and interfering with a parent’s visitation, and repeated violations may lead to contempt and enforcement. Additionally, if a parent relocates with a minor child or children without a court order, this is considered contempt as well.
Lastly, “Out of State” final divorce decrees can usually be enforced in Florida under the Florida Statutes. For instance, if the parties lived in South Carolina and were divorced there, and the former husband was ordered to pay alimony but moved to Florida, the former wife could have the final judgment from South Carolina enforced here by obtaining a certified copy of the final judgment and filing a Petition to Domesticate and Enforce the Out of State Final Judgment. Once the Florida court enters a final judgment domesticating the South Carolina final judgment as a Florida decree, the judge in Florida could enforce the South Carolina final judgment as if it had been entered here in Florida.
If you are accused of violating a court order or if you are accusing a spouse or parent of violating a divorce or paternity decree, contact an experienced South Florida Family Law Attorney for immediate legal advice. The Law Offices of Adam Franzen, LLC, uses a common sense approach to client representation throughout South Florida and surrounding communities.
Call for a confidential consultation (954) 462-5790.
Relocation
Under Florida Statute 61.13001, relocation is defined as moving at least 50 miles from your current place of principle residence. For instance, a move from Fort Lauderdale to Orlando would qualify as relocation. If you relocate more than 50 miles and take your minor child with you, then you are removing the minor child from the jurisdiction. Both parents may voluntarily enter into an agreement by themselves which allows for relocation of one parent from the jurisdiction and taking the child with them. If this is not likely, then the court is allowed to grant permission for removal of a minor child from the current jurisdiction. Under the Florida Statutes, in making a determination as to whether the primary residential parent may relocate with a minor child, the court must consider the following factors:
(a) The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
(b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
(d) The child’s preference, taking into consideration the age and maturity of the child.
(e) Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
(f) The reasons each parent or other person is seeking or opposing the relocation.
(g) The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
(h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
(i) The career and other opportunities available to the objecting parent or other person if the relocation occurs.
(j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
(k) Any other factor affecting the best interest of the child or as set forth in s. 61.13.
If you need to relocate to another jurisdiction and want to take your minor child with you or you want to fight for your child to remain in their current jurisdiction, contact an experienced South Florida Family Law Attorney for immediate legal advice. The Law Offices of Adam Franzen, LLC, uses a common sense approach to client representation throughout South Florida and the surrounding communities.
Call for a confidential consultation (954) 462-5790.
Paternity
Any woman who is pregnant or has a child; or any man who has reason to believe that he is the father of a child; or any child may bring proceedings to determine the paternity of the child when paternity has not been established by the law.
Paternity and parental rights must be established before you can file a claim for custody/timesharing, child support, or parental responsibility. Even if you’re not married, once paternity is established, you should have the same rights as though you are a divorced parent.
If you know you are the father of your minor child and you want to be involved in that child’s life, you should be able to gain access to your child once you have established paternity. If you are a mother who needs child support from your minor child’s father, establishing paternity allows you to obtain a child support as well as life insurance on the father for child support.
Typically, if a paternity action is contested, the parties will undergo scientific tests that are generally acceptable within the scientific community to show a probability of paternity. Test results are admissible in evidence, and a statistical probability of paternity of 95% percent or more creates a rebuttable presumption that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of 95% percent or more, the Court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.
If paternity is established, the Court will then decide child support, (including health insurance, day care expenses, and uncovered medical/dental bills) along with a time-sharing schedule.
In Florida, a man is presumed to be the biological father if:
* The minor was conceived or born while the father was married to the mother;
* The minor is his child by adoption;
* The minor had been established by court proceeding to be his child;
* He has filed an affidavit of paternity by acknowledging paternity in conjunction with the child’s mother at the hospital at the time of child’s birth or by subsequently filing an acknowledgement of paternity in conjunction with the child’s mother with the State Office of Vital Statistics both of which constitutes the establishment of paternity as provided for in section 742.10, Florida Statutes.
If you are in need of representation on a paternity case, contact an experienced South Florida Family Law Attorney for immediate legal advice. The Law Offices of Adam Franzen, LLC. uses an aggressive and common sense approach to client representation throughout South Florida and surrounding communities.
Call for a confidential consultation (954) 462-5790.
Domestic Violence Injunctions
Have you been served or threatened with a domestic violence injunction (also known as a restraining order)? Don’t think that you can handle this by yourself. You could receive a permanent injunction, be required to take and complete a 26 week Batterer’s Intervention Class, be required to take and successfully complete alcohol and drug treatment, and can also receive significant jail time if the petitioner claims that you violated the domestic violence injunction and is able to prove that allegation.
However, if you need an injunction to protect yourself or your children from domestic violence, you cannot afford to make a mistake in getting this done correctly. You need an experienced and knowledgeable attorney on your side to make sure you present all of the evidence effectively in getting an injunction granted and protecting your family.
If you are in need of getting an injunction for protection or need representation in defending an injunction petition, contact a knowledgeable South Florida Domestic Violence Attorney for immediate legal advice. The Law Offices of Adam Franzen, LLC uses a common sense approach to client representation throughout South Florida and surrounding communities.
Call for a confidential consultation (954) 462-5790
Alimony
Are you pursuing spousal support? Are you troubled about potentially paying spousal support? The court typcially uses the standard of “need” on the payee spouse and “ability to pay” by the payor spouse as the court’s evaluation standard.
See below for the current 2012 Alimony Statute.
61.08 Alimony
(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or 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. 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.
(2) In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
(3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.
(4) For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
(5) Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration.
(6)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:
1. The redevelopment of previous skills or credentials; or
2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.
(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.
(c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.
(7) Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.
(8) Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with
s. 61.14.
(9) The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.
(10)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s. 61.181.
(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the subsequent appearance, on or after that date, of one or both parties before the court having jurisdiction for the purpose of modifying or enforcing the order or in any other proceeding related to the order, or upon the application of either party, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall modify the terms of the order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s. 61.181.
(c) If there is no minor child, alimony payments need not be directed through the depository.
(d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository. In this case, the order of support shall provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository.
2. If the provisions of subparagraph 1. apply, either party may subsequently file with the depository an affidavit alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.
3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made through the depository.
History.—ss. 7, 12, Oct. 31, 1828; RS 1484; GS 1932; RGS 3195; CGL 4987; s. 1, ch. 23894, 1947; s. 1, ch. 63-145; s. 16, ch. 67-254; s. 10, ch. 71-241; s. 1, ch. 78-339; s. 1, ch. 84-110; s. 115, ch. 86-220; s. 2. ch. 88-98; s. 3, ch. 91-246; s. 1, ch. 2010-199; s. 79, ch. 2011-92.
Note.—Former s. 65.08.
If you are in need of representation on alimony issues, contact an experienced South Florida Family Law Attorney for immediate legal advice. The Law Offices of Adam Franzen, LLC., uses a common sense approach to client representation throughout South Florida and the surrounding communities.
Call now for a confidential consultation (954) 462-5790.