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What Can I Do if I Think My Spouse is Hiding Assets During a Divorce?

That’s a good question. The answer lies in the factors upon which child support is calculated in Florida. Although many factors go into the determination of who pays child support and how much, the two primary considerations are (1) the relative incomes of the parents and (2) the relative number of overnights each parent has the children. Thus, if the parents’ incomes are relatively equal, and they split the number of overnights 50-50, then generally neither parent will owe child support to the other. If the incomes are relatively equal, but one parent has more overnights than the other, then the parent with more overnights will generally receive child support from the other parent. If the overnights are split 50-50, but one parent has greater income than the other, then the parent with greater income will generally owe child support to the other parent. There are situations, however, where one parent’s income is so much greater than the other parent’s income, that the parent with greater income will still end up owing child support to the lesser income parent even though the parent with greater income has the majority of the overnights! The reason is because the relative difference in the parents’ incomes overcomes the relative difference in each parent’s number of overnights. On the flip side, there are situations where the greater income parent has so many more overnights than the lesser income parent, that the lesser income parent will still end up owing child support. This is because the relative difference in the number of overnights each parent has overcomes the relative difference in their income levels. These are very fact-intensive issues, and all the factors must be evaluated on a case-by-case basis. It is always a good idea to seek out the advice of an attorney who practices this area of law to learn what your rights are -- for both you and your children!

The Benefits of Having A Prenuptial Agreement

Divorce proceedings can be a difficult and emotional process for everyone involved, especially when there is an issue of adultery. Adultery is one of the most common reasons for divorce in the United States, and Florida is no exception. In Florida, adultery can have a significant impact on the divorce proceedings, including property division, alimony, and even child custody. So, it's important to understand how adultery can affect your divorce case and what you can do about it. In this blog post, we will discuss the impact of adultery on divorce proceedings in Florida and how an attorney can help. What is a no-fault divorce? Florida is a "no-fault" divorce state, meaning that a spouse does not have to prove fault in order to file for divorce. This means that adultery is not grounds for divorce in Florida. Instead, a spouse can simply state that the marriage is "irretrievably broken" and seek a divorce. However, even though adultery is not a requirement for divorce, it may still impact the case in other ways. Is adultery grounds for divorce? No. As mentioned before, Florida is a no-fault divorce state, and adultery is not a requirement for divorce. However, if a spouse does file for divorce because of adultery, it may impact the outcome of other aspects of the case. What is the impact of adultery on property division? In Florida, property division in a divorce is based on the principle of equitable distribution, meaning that the court will divide assets and debts based on what is fair and just under the circumstances. If one spouse spent marital assets on an extramarital affair, the other spouse may be entitled to a larger share of the marital property. However, this is not always the case, and it is up to the court to decide what is fair and just on a case-by-case basis. How does it impact spousal support and alimony? Adultery may also impact spousal support and alimony in Florida. In general, one spouse may be entitled to alimony if he or she has a need for financial support and the other spouse has the ability to pay. If the paying spouse spent marital assets on an affair, the court may consider this when deciding on the amount and duration of the alimony award. However, this is not always the case, and the court will consider multiple factors when making a decision about spousal support and alimony. How does it impact child custody and visitation? Adultery may also have an impact on child custody and visitation. In Florida, the court will consider what is in the best interests of the child when making a decision about custody and visitation. If a spouse's extramarital affair had a negative impact on the child, the court may consider this when making a decision about custody and visitation. However, the court will consider multiple factors when making a decision about child custody and visitation, and adultery is just one of many factors that may be considered. How can an attorney help? If you are going through a divorce and adultery is an issue, it's important to have an experienced attorney on your side. An attorney can help you understand your rights and options under Florida law and help you navigate the complex divorce process. An attorney can also help you gather evidence to support your case and negotiate a favorable settlement or represent you in court if necessary. In conclusion, adultery may impact various aspects of divorce proceedings in Florida, including property division, alimony, and child custody. While it is not a requirement for divorce, it may still be an issue that needs to be addressed during the divorce process. If you are going through a divorce that involves adultery, it's important to consult with an experienced attorney who can help you navigate the legal system and protect your rights. An attorney can provide valuable guidance and representation throughout the divorce process. 

Parenting time guidelines are a set of rules and recommendations that help divorced or separated parents determine how much time their children will spend with each of them. These guidelines can be confusing, and it can be challenging for parents to agree on a plan that works for everyone. In this post, we will discuss what factors affect the decision-making process, how parents can come to an agreement, and how an attorney can help.  1. What factors affect decision-making? Several factors can influence a parenting time agreement, including the age and developmental needs of the child, the parents' work schedules, and the child's school schedule. Other things to consider include the parents' geographic location, the child's extracurricular activities, and any special needs the child may have. When creating a parenting time plan, parents must take all these factors into consideration and put their child's best interests first. 2. How do parents come to an agreement? Parents can agree on a parenting time plan through mediation, a collaborative process, or by going to court. Mediation is a voluntary process where a neutral third party helps the parents create a plan that works for everyone. This can save parents a lot of time and money, as they don't have to go to court. In a collaborative process, each parent hires an attorney who works together to create a plan that everyone agrees on. Lastly, if parents can't agree, they may have to go to court where a judge will decide the parenting plan. 3. What are the parenting time guidelines in Florida? In Florida, parenting time guidelines state that children should have frequent and continuing contact with both parents, and the parenting plan must be in the best interest of the child. Parents must create a plan based on the child's developmental needs, and the plan should be as specific as possible. For example, the plan should detail where the child will be on weekends, holidays, and school vacations, and include information on how the parents will share decision-making responsibilities. 4. How can an attorney help? An attorney can assist parents in developing a parenting time plan that works for everyone involved. They can offer advice and guidance on what factors to consider and help parents negotiate a plan that meets the child's needs and the parents' schedules. An attorney can also represent a parent's interests in court and help parents navigate the legal process. Creating a parenting time plan can be a challenging and emotional process for parents, but it's essential to put the child's best interests first. By considering the child's needs, work schedules, and other relevant factors, parents can come to a mutual agreement that works for everyone involved. An attorney can help parents navigate the legal process and negotiate a plan that meets everyone's needs. At the end of the day, it's important to remember that parenting time guidelines are in place to ensure that children have a stable and healthy relationship with both parents.

What Happened To Alimony?

The Inside Scoop on How Alimony is Determined in Florida

In this blog post, we delve into the complexities of alimony and child support when a spouse decides to quit their job or intentionally reduce their income to avoid financial responsibilities. The legal provisions allow for the imputation of income to a party voluntarily unemployed or underemployed without valid reasons, based on their employment potential and qualifications. To do so successfully, one must demonstrate the current job market conditions and job availability. These are highly case-specific issues that demand professional legal guidance, not only to protect your financial interests but also to ensure the well-being of your children. In this blog post, we navigate the legal landscape when your spouse quits their job, helping you understand your rights and options in these challenging situations.