Jacksonville Divorce Lawyer Blog

Housing issues are a problem in most Florida divorces right now because a number of homes are upside down or underwater and in Florida, properties, assets and debts are to be divided equally. The courts struggle with this situation because even if the home is underwater it must still be factored into the equal distribution process. In addition, courts are aware that many people are now walking away from their homes and surrendering them into the foreclosure world. However, as a Jacksonville divorce lawyer, I prepare my clients for the house payments and associated insurance and related expenses because it is a factor in determining the outcome of the divorce and what debts may client may assume. Many people, even today, are hesitant to walk away from a house due to the impact it will have on credit and future purchases while trying to rebuild after a divorce.

Recently, a Florida appellate court evaluated this situation in Byrne v. Byrne, 3D10-2323 (Fla. 3rd DCA January 18, 2012). In the case, the parties had a condo that was $76,000 underwater. Originally, the Wife wanted to keep the home and make payments towards the property so as not to ruin her credit. She was initially awarded the home in the divorce, but was given no consideration by the court regarding the negative equity that she was taking ($76,000 would be owed upon sale). The trial court, in its initial decision, noted that there was a presumption that the Wife would actually turn the keys over the bank in foreclosure and would subsequently not lose the $76,000.

An appeals court is where one takes his/her case if the outcome of the initial case is factually or legally incorrect based on the evidence that is presented at court. Often, a transcript of the original trial will be necessary to preserve the evidence for the appeals court because the court transcript provides a formally written account of all statements made in the courtroom. Typically, a transcript is typed by a court reporter and since all witnesses are sworn in, their statements in court are sworn to statements that can be typed up and presented to the appeals court for review of all evidence.

In this case, the third district court of appeals in Florida considered the order entered by the trial court in the divorce and ultimately found that while the court was rational in its thought that many people are walking away from their homes. However, the appellate court also determined that there still must be consideration for the debt in the equal distribution of assets and debts because the bank may still come after the Wife for a deficiency (Husband too if the mortgage still has his name on it.).

The reality is that the judges are limited in their knowledge of the case because they only get to hear what is presented at court. While the parties may negotiate outside of the court and go to mediation, those negotiations are confidential and cannot be used at trial. Therefore, the judge may hear that a party, like the Wife, wants to keep the home, while in negotiations the Wife tried to give the debt of the home to the Husband because she did not want to have to deal with the mortgage, repairs and the like on a money pit. Ultimately, the courts have a duty to err on the side of the law and in Florida the law is for equal distribution of assets and debts regardless of what the party will actually do with the debts after the divorce (e.g. bankruptcy of all credit cards).

An award of alimony or spousal support in a Florida divorce does not mean that the award will be valid under any and all circumstances or that it is not modifiable. Support obligations are, unless waived by agreement, always modifiable in Florida. As a Jacksonville divorce lawyer, clients have contacted me regarding their support obligation because their income has changed, the other party has remarried, or a variety of other things have arisen since the divorce. In Florida, if there is a substantial change in circumstance, alimony may be reduced or terminated based on that change (Florida Statute 61.14). If the receiving party is living in a new relationship setting and that relationship could be deemed supportive in nature, based on the Florida law, then the court may terminate or reduce alimony in accordance with that new support.

In order to reduce or terminate an alimony obligation, the State puts the burden of proof on the obligated paying party. The court may reduce or terminate, upon making findings that since the divorce was finalized, granting the alimony, receiving spouse has lived with another individual in what could be considered a supportive relationship. In determining whether such relationship is, in fact, supportive, the paying party is responsible for proving, beyond a preponderance of the evidence that the following relationship and supportive-like behaviors exist:

1. Whether the party receiving support is with another person and they are presenting their relationships to others a married couple by engaging in activities similar to that of a marriage or supportive relationship(e.g. referring to one another as “husband” and “wife”; taking the last name of the other; this is “our” family, etc.).

2. That the receiving party has lived with the other person in what could be argued to be a permanent living facility (e.g. a house) and the length of time in which they have been doing so.

3. That the party and the other person have joined income and assets and in essence, commingled their finances.

4. Whether the receiving party or the other person have supported each other and to what extent that support has existed (e.g. the other person is paying for all household expenses and has been doing so since moving into together.)

5. Whether they have worked together in creating something of value for themselves or their companies. This may mean that they have pulled their money together to invest in the others' company, created their own business together, etc.

6. If the other party and the other person have jointly purchased property.

7. That the other party and his/her significant other have an actual written agreement or an implied agreement regarding their property and the sharing of their finances.

8. The support of the others' child (e.g. paying for the kid’s clothes, helping with child support payments, etc.).

The party responsible for paying support can show any of the above factors, or anything else that may go to show that a supportive relationship exists for the other party in order to have a reduction or termination of spousal support. However, while certain aspects exist in these findings that could be construed as a “common law marriage,” the practice of such is still not recognized in Florida. Therefore, the argument may be made that though they are not married, the other party is in a relationship that has the makings of a marriage, thus decreasing or terminating the need for spousal support to continue.

In a divorce or paternity case involving issues with children including time-sharing/visitation, parental responsibility or child support, the court may refer the parties to mediation. Florida law provides for the judge in such a proceeding to send the parties to mediation over disputed matters to determine if such things can be settled out of court, Florida Statute 61.183. As a divorce and family lawyer in Jacksonville, it has been my experience that mediation can be beneficial to both parties without going to trial because the parties have more control over the outcome.

What is mediation? Mediation is a formal negotiation process involving the parties, their attorneys and a neutral third party (the mediator). The mediator’s role is to help facilitate the negotiation process by working with both parties to reach the best outcome. Mediation often starts with everyone in one room (e.g. a conference room) and the party’s attorney will give a brief overview of the case and what the client is looking to achieve. Once the attorneys have completed the opening statement to the mediator, the parties are divided into two separate rooms. The mediator will typically start the process by talking to the party that initiated or filed the court action and will then go in between the rooms to see what may be resolved. Everything that is shared with the mediator is confidential and everything that happens at mediation is confidential and cannot be used at trial if the case is not resolved.

While going through this process, the mediator can make suggestions to both parties about what his/her experience has been with the judge in the case and give recommendations for offers to each party in order to help facilitate an agreement. However, the mediator is not allowed to provide legal advice to either party, even if she/he is not represented.

In mediating the case, the parties may agree upon things that the court may not hear at trial, such as future children expenses (e.g. college tuition). The parties have a little more room to sift through issues that they find important for the children that stem away from simply determining who will have majority time-sharing to such things as where the kids will go to school, how that will be determined, how division of certain activities will be paid for, etc. It gives parents an opportunity to think through what they want for the children and not just leave it to the judge to decide what is in their children’s best interest.

If an agreement is reached at mediation, then the mediator may draft a consent agreement. The agreement may be in the form of a consent final judgment and both parties normally sign before leaving the mediation. The signing of the document not only formalizes it, but also makes it binding if one party were to later change his or mind. The consent agreement must be provided to the judge for approval and his/her signature and then entered with the court. Once the order has been entered, it is an enforceable order that the parties must abide by.

In a divorce, often one party may have more financial security than the other party, either by income, inheritance, or the like, thus putting the other party in a financial situation that makes it difficult to pay attorney’s fees. When hiring a lawyer for a divorce or modification action in Florida, the concern is the price for an attorney and whether she or he will have the ability to pay for an attorney. The other concern is that, knowing the financial situation, the other party will have the money available to pay for an attorney and that will require the party without disposable income to borrow money from family or represent himself or herself. As a Jacksonville family law and divorce attorney, I use the consultation to determine what the issues are and approximate the attorney fees associated with the action, also I educate the potential client about Florida law as it relates to attorney’s fees. Florida actually provides for the court to determine whether one other party will be responsible for the other party’s attorney’s fees and costs. Florida Statute 61.16 provides parameters for the court to use in determining the award of attorney’s fees and costs to the needing party.

When a party does not have the financial means to pay for his or her own attorney’s fees and associated costs (e.g. Filing fee; deposition costs, etc.), then the court may look at the financial resources of both parties to determine if the other party does have the financial ability to pay reasonable fees and costs for the other. For example, A has been a homemaker and cared for the children during the fifteen (15) year marriage and B has been the breadwinner and makes approximately $200,000 per year. When A decides to file for divorce, A does not have income available that is nonmarital at the time of filing for the divorce. A feels that an attorney is necessary in the divorce and hires an attorney and files for divorce, which has a cost of $409 in Jacksonville and a cost is associated with serving B the divorce papers. A’s attorney can request, in the petition for divorce and with a request and motion for temporary needs, that B pay for A’s reasonable attorney’s fees during the divorce and at the end. The court would look at the financial situation of both parties and determine if A is in need of B paying A’s attorney’s fees and costs and whether B has the financial ability to do so.

However, if the reason for the case is the inaction or failure to comply with the court’s prior order by the needing party, and the court rules against the needing party, then often times the other party will not be required to pay attorney fee’s and costs for defending the action. For example: A is awarded child support in the original divorce order to be paid by B. A has more money than B due to an inheritance of $100,000.00, which is and was nonmarital, and B makes $30,000 per year. A hires an attorney and files a Motion for Contempt against B for failure to comply with the court order. B requests attorney’s fees and costs to defend against the action. The court finds that B has not complied with the order and is, therefore, in contempt of court. The court does not have to award B attorney’s fees since B’s own actions lead to the hearing and need for attorneys. In fact, B could be on the hook, if shown that B has the ability to contribute to A’s attorney’s fees, to pay back to reasonable attorney’s fees incurred as a result of B’s actions.

You should speak with an attorney about your rights and options in a divorce or other family law proceeding to make certain that you request the court provide you with reasonable fees and costs or defend against the request.

Florida recognizes the use of premarital and post marital agreements when deciding the outcome or possible outcome of a divorce. In some cases, during the marriage the parties may find themselves thinking of divorcing and may enter into a marital settlement agreement, but ultimately not have the agreement entered with the court because they are able to reconcile the marriage, this too is valid in Florida. When parties decide to divorce any agreement between the parties, whether premarital agreement, post marital agreement or a prior marital settlement agreement that allows for enforcement later if the parties reconcile, can be construed as an enforceable contract in the divorce proceedings. As a Jacksonville divorce lawyer, issues can arise regarding the enforceability of the agreement and in order to fight the document, the parties may need to hire separate attorneys, potentially leaving one of the parties needing financial assistance during the contest of the divorce. Therefore, Florida case law allows for temporary support to be awarded for temporary alimony and attorney fees.

Enforcing or contesting a premarital agreement, post marital agreement, or a marital settlement agreement may require attorney time and costs. In order for an agreement to be contested, the issues that come to question are laid out in Florida Statute 61.079. Premarital agreements are enforceable unless it can be shown that one or more of the following occurred:

1. The agreement was not entered into voluntarily by both parties;
2. The agreement is the result of fraud, duress, coercion or overreaching (e.g. Hiding a bank account with thousands of dollars.)
3. The agreement was not done in good conscience and before the signing:
a. There was not a true disclosure of assets of debts;
b. There was no waiver of such a disclosure by either party; and
c. The other party could not have known of the hidden asset or debt.

The same provisions would be necessary in any agreement such post marital or marital settlement agreements. The court ultimately has to decide whether an agreement was reach in an unconscionable manner.

The real trick to most agreements is that the parties have to be in full disclosure of assets and liabilities so that they know what is being agreed upon. The reality is that full disclosure leads the parties to more open conversation about the future wants and needs and the ability to provide for such. Not doing so would lead the possibility of entering in an agreement that benefits only one party and ultimately leaves the other in a worse position than had the agreement not been signed. Communication and understanding of a contract and its related terms goes directly the enforceability of said contract and helps in future litigation. If the parties do not meet all criteria for such an agreement, then the agreement may be put aside and the court could make the parties proceed as if an agreement never existed. Again, agreement cannot waive a party’s right to spousal support and attorney fees that may be necessary temporarily while the validity of the agreement is contested in the Court. However, both parties can work at reducing the length of time necessary to contest such agreements.

Divorce cases in Florida often have an alimony component, which husband and wife do not always understand. As a Jacksonville divorce lawyer, I often educate my clients on how alimony is determined and calculated based on their case facts and whether the alimony can be changed or modified in the future. Florida does not have a formula for divorce, but the Florida statutes along with prior Florida cases provide a format by which alimony may be determined. For example, alimony may be awarded in a divorce case where the parties have been married for 20 years and the wife has not worked full-time in 15 of the 20 years because she has been homemaker, mother and wife. If the husband makes roughly $150,000 per year and the division of assets still leaves the wife with a need to pay her bills and living expenses, then the court may award the wife permanent periodic alimony (i.e. permanent and paid monthly) if the husband has the ability to pay, which he most likely would based on the above example. The question then becomes, if alimony is awarded and the husband loses his job, then how does that impact his financial obligation to pay alimony? Can alimony be modified? The simple answer is yes, but a substantial and involuntary change in circumstance must be presented to the court along with new financial information.

Recently, a Florida appellate court heard a case involving a husband that made $175,000 per year at the time of the divorce and the wife was awarded $5,000 per month in spousal support after all necessary factors were determined by the court. The husband later was laid off from his job and eventually found a new job that paid $66,000. The husband attempted to modify his alimony payment based on his involuntary change in circumstance. However, the trial court found that he should have saved during the time that he knew he was getting laid off (approximately 16 months) in order to pay for his alimony obligation. Also, the trial court found that the husband was using his savings to pay his living expenses while he looked for a new job and the court found that he also could have used his savings to pay his alimony obligation. The trial court ultimately reduced his alimony to $3,500 per month, which constituted 81% of his net income. The appellate court heard the case and reversed the decision based on prior Florida case precedents.

The appellate court basically found, based on Florida law, that the husband could not pay an amount of support that does not allow him to support himself. This goes to the basic ability for alimony, which is not only a need for alimony, but an ability to pay. Second, the appellate court found that the husband could not be required to incur debt in order to pay alimony. Also, the appellate court found that the husband could not be required to deplete or sell his assets to pay alimony to the wife. Furthermore, they found that the husband did not have an obligation to save money to meet his future alimony obligations.

When a case is reversed by the appellate court, the case is then transferred back to the trial court that originally heard it with direction from the appellate court, which is called a remand.

A concern regarding child support and alimony, in Florida, is that once it is ordered, the other party will not pay. As a Jacksonville, Florida divorce and family law attorney, my advice is to clients is generally the same regarding this issue, once alimony and/or child support are ordered by the court, we should do an income deduction order. Such orders can be done only after the order establishing support is entered by the court. Once that is done, the court can enter an income deduction order, which lays out the payment schedule for the paying party. In addition, the income deduction order is sent directly to the employer of the responsible party so that the wages can be garnished.

Establishing child support and alimony in Florida is based on statutory guidelines. The calculation for child support is based on the income of both parties and their pro rata share of the total income of both. Credits may be given for such things as the child’s health insurance and daycare or if a parent has a prior child support obligation. Alimony does not have such a calculation in Florida, but is based on need and ability to pay.

Once the court determines how much will be owed in child support or alimony, the court may enter an income deduction order at the request of a party. The payments made by garnishment are not made directly to the receiving party, but to the State depository. In addition to the employer receiving the income deduction, the State is also provided a copy so that an account may be set-up for both the paying and receiving parties. The money is then garnished each month, in accordance with the order, for the length of time established in the order.

The income deduction order will give figures for the amount to be garnished and for what purpose. If child support and alimony are required, then each will have their own paragraph, but may be on the same order. The order will have specifics for each payment, including the monthly amount and for how long the deduction order is valid. For example, child support may end on July 1, 2013, if a child is going to be 18 and has an expected date of graduation of June, 2013. Alimony may be ordered for the length of time necessary, like rehabilitation alimony, which may be for 2 years.

The income deduction can be done on the pay schedule of the paying party, so while child support is $500 per month, it may come out at $230.77 biweekly if that is the pay schedule for the responsible party. If alimony is ordered, then it will be based on the same type of schedule. Once the employer takes the money out, the money is transferred or sent to the State depository. The State has separate accounts for each party and the receiving party can choose how to receive payments, either by a check or debit card that is reloaded upon each payment.

In addition to making certain that the payments are made each month, the income deduction order also helps keep track of payments. If the responsible party fails to make payments, then the State can provide a print out that indicates payments made and whether there are any arrearages owed.

As a Jacksonville divorce and family law attorney, I often have clients ask me if they can have the other party’s parental rights terminated due to the lack of participation in the child’s life. In child support cases, when a parent has not paid child support nor attempted to contact the child or have any visitation with the child, the primary parent grows weary of tracking down the other and tired of explaining to the child why the other parent is not involved in the child’s life. Other times that this topic arises is when a parent remarries and the stepparent wants to adopt the child. However, terminate the rights of a parent, without consent, is not as easy as 1, 2, 3 because it is a big deal to give up rights to the child and for the child to give up rights to the other parent. The Florida legislature has given provisions that protect children, but ultimately, if the other parent does not respond to the court action, then by default his/her parental rights may be terminated regardless of the provisions.

The main factor in terminating parental rights is whether the other parent agrees to the termination. Termination of parental rights may be accomplished by consent of both parties. However, if there is no one there to step-in as the other parent (e.g. stepparent adoption), then the court may require financial information for the remaining parent to show that the parent is financially capable of independently providing for the child. The reason for this is that parents that do not have financial means to provide for the child may request some type of government assistance, such as Medicaid for the child’s healthcare. The State then has an interest in the case and the Court needs to protect the State from the remaining parent presently asking for such assistance from the government and voluntarily relieving the other parent of financial support.

If the other parent’s whereabouts are unknown, then a diligent search must be completed. If the missing parent is the father, then the search must include the Florida Putative Father Registry. The Putative Father Registry is a place where men should register their name and identifying information if there is any chance that he may be the father of a child in Florida. Once the registry search is completed, that notice of search is filed with the court. In addition, regardless of mother or father, the requesting party must also publish notice of the case in a local newspaper in the city of the last known address of the parent. If no answer or reply is ever received, then parental rights may be terminated by default. Once a clerk’s default is entered, a final default hearing must be held with the Judge to determine whether it is in the best interest of the child for the parent’s rights to be terminated.

If the absent parent does reply and objects to the termination of his/her rights, then a different form of the case must be pursued. This type of case requires evidence for the court to find that the absent parent has, in essence, abandoned the child or acted in a way that warrants termination of his/her rights.

In some circuits in Florida, like Jacksonville, St. Augustine and other surrounding areas, cases involving divorce, paternity, child support or other family law matters may be heard in front of a magistrate instead of a judge, if the parties do not object. The magistrate is given the power to hear cases and make rulings based on the facts and evidence presented. Once a magistrate makes a ruling, the order is submitted to the Judge to sign-off. If a party disagrees with a magistrate’s findings, then that party can file for exceptions to the magistrate’s report based on the evidence versus the decision contained in the report. In so doing, the judge will then hold a hearing for the parties to argue why the court should accept or deny the magistrate’s report.

When the hearing is held regarding the exceptions, the party that filed the exceptions is required to provide the Judge and the other party with a transcript of the hearing. At the hearing, there is a presumption, in accordance with Florida case law that the court must accept the magistrate’s report if the findings are supported by competent and substantial evidence. When issues of credibility arise, such as the credibility of a witness’s testimony, the court should reject the magistrate’s findings if the findings are stated in error to the testimony evidenced in the transcript.

Basically, a court is required to give discretion to the magistrate’s findings and report unless the report seems to be wrong on its face. The court does not get to change the ruling simply because it disagrees with the magistrate’s conclusions, if those conclusions are based on the evidence reflected in the transcript.

If the court finds that the evidence does not support the report, then it may send the case back to the magistrate for reconsideration. Once the magistrate writes a report, even the second time, the parties still have a right to file for exceptions and start the process over again. Ultimately, however, the court is tied to the magistrate’s report if the report has findings that can and are substantiated by the evidence reflected in the transcript.

Continue reading " Disputing a Magistrate's Report in a Divorce, Paternity or Other Family Law Case " »

Florida divorces involving alimony issues have given rise to new legislation over the last few years and will continue into the near future. The alimony debate in Florida is based on a number of factors, including the lack of an alimony calculation that is state mandated in determining the amount of alimony to be paid. According to a press release on Market Watch, Anderson Cooper is reportedly doing a show on Monday, January 9, 2012 highlighting the issues of Florida alimony; however, the report that came out about the show seems to have things reported incorrectly and in an effort to decrease emotional responses, I thought, as a Florida divorce lawyer, that I would debunk some of the myths that allegedly will be reported on the show.

First, the idea that men are the ones that suffer from alimony payments. In Florida, like most of the country, men and women work. If a woman makes reportedly more money than her husband and they divorce, then she may be on the hook for paying alimony.

Second, alimony is awarded without regards any provisions other than a party makes more money than the other spouse. Again, this is not true. In Florida, the factors used in determining alimony include, but are not limited to, the length of the marriage, the contribution of both parties to the marriage, the marital lifestyle, the ability for the asking party to earn relatively similar income to that of the paying spouse, the employment history of the parties, the education history of the parties, the NEED for alimony, and the ABILITY to pay alimony. The court does not arbitrarily and without regard for incomes and expenses simply declare that a Husband will pay the Wife permanent alimony at 70% of the Husband’s income until he dies. In Florida, getting permanent alimony requires the asking party to show that the marriage is a long-term marriage (over 17 years); that the asking party has an ongoing need for permanent alimony (e.g. disability, lack of education, inability to earn, etc.); etc.

Continue reading " Florida Divorce and Alimony Issues to be Heard on National Television Show " »

Florida divorce and custody battles can impact the parent-child relationship and often raise concerns for both mother and father. Often, parties are concerned that since they may not see their child on a daily basis that the relationship with their child will lessen over time. While telephone communication is vital to maintaining the relationship with the parent and child, a parent that lives long distance from the child, especially, may miss the face-to-face interaction and want more than simple phone calls. With the invention of webcams and communication availability through things such as Skype, the courts have had to evolve to include such mechanisms. As a Jacksonville, Florida divorce and family lawyer I often ask my clients if they have access to the internet and whether the computer has webcam accessibility because I want to make certain that if video conferencing is available, that we request the court enter an order for electronic communication.

In accordance with Florida statute 61.13003, the Court may look at a number of factors before ruling on the use of electronic communication. Some of the factors include but are not limited to the availability of the equipment to both parties; whether the parties can afford the electronics necessary; the incomes of the parties to determine who should be responsible and how for the costs; whether telephone communication; whether there is a substance abuse issue of a parent; and if it is in the best interest of the child to have such communication.

If the court finds that electronic communication is in the best interest of the child, then the court also may impose safeguards to protect the parent and child from abuse of the electronic communication. There are concerns for safety online, so the Court has the discretion to impose rules on where the communication may occur, what time, etc.

So as not to be tricked into an issue with the courts, the Florida legislature went one step further with Florida Statute 61.13003(7), which states, “The extent or amount of time that electronic communication with the child is ordered under s. 61.13 may not be used as a factor when the court calculates child support.” This is to prevent a parent from interpreting time on the Internet, which may be by webcam, as time-sharing or visitation for purposes of child support calculations. Electronic communication is simply a tool that can be used to help facilitate the parent-child relationship when that parent cannot be with the child physically, it is not meant to replace or substitute for visitation.

If the court orders electronic communication, then the parent that sets up the child’s account must provide the other with all contact information for the child. The other parent must also provide all access information to his or her account for the benefit of the child. Utilizing these tools can helpful in the parent-child relationship, especially in long distance situations or when a parent is deployed or on active military duty. However, if you do not request that the court enter such an order, it is not automatic. If you have a prior order that does not allow for such communication, the court will allow you to request it without having to show a substantial change in circumstance like you would normally for a modification of a prior order.

As a military town, Jacksonville divorce and family law attorneys, along with the courts, must understand that military duty may impact a divorce proceeding or other court matter, but also will most likely impact child custody and visitation matters at some point. Florida laws have made provisions for those in the military when it comes to custody; visitation; time-sharing; and child support matters if the servicemember is on active duty and set for deployment. Florida does not punish members of the military for serving their country by assuming that is in the best interest of the children to be with the nonmilitary parent. In fact, the law provides that if a servicemember is set for deployment, then the time-sharing plan may be modified in a couple of ways:

1. The court may grant a temporary modification of time-sharing and child support and upon the return of the servicemember parent, the prior order will go back into effect. Also, the court may grant extended time-sharing for periods when the servicemember is on leave. This way there are no permanent changes to custody or time-sharing, but simply an order to get from the time of deployment to returning home; or

2. If the deployment will be for more than 90 consecutive days, then the servicemember can actually designate a third party to have time-sharing in accordance with the original order. However, that individual must be a family member or stepparent. If the other parent objects, then that parent must show why it is not in the best interest of the children to have time-sharing with the designated family member of the serving parent.

The Court’s position is not to punish individuals for serving their country, but to look after the best interest of the children while that parent is on active duty. Upon returning home, Florida Statute 61.13002 provides for the prior order to go back into effect so as not to impose a permanent change in time-sharing simply because duty to country exists. However, the statute also recommends that the provisions that will be in place during times of deployment be placed in the original order as to avoid future necessity of the court’s intervention since there may be significant time issues with notice of deployment and actually leaving. The State has also provided that such matters are to be heard on an expedited basis by the Court and the servicemember may appear by telephone if she or he is unable to appear in person due to their military orders.

Continue reading " How Can Military Duty Impact Time-Sharing or Visitation with Children in Florida? " »