Visitation Issues

January 19, 2011

How is Child Support Determined in Florida?

How is child support determined in Florida? Florida child support is based on Florida Statutes 61.29 and 61.30 , which provides the breakdown for calculating child support. The calculation is designed to put the child in the same position s/he would be if mom and dad lived in the same home. The idea is that mom’s income plus dad’s income equals the child’s net household income, so the calculation determines what percentage of the household each parent is contributing. Also, it gives consideration for the parent paying for daycare and the parent paying for the child’s health insurance.

Child support used to end on the child’s 18th birthday or upon his/her graduation from high school if the child would be 19 at expected date of graduation. It was recently changed and the law now requires that a real date be placed in the child support order so that it self terminates at that time.

Child support previously only provided compensation for time spent with each parent, if the non-primary parent spent over 146 overnights with the child(ren). The law recently changed to give compensation and credit to the non-primary timesharing parent, if that parent 73 overnights with the child, then that is considered “Substantial Time Sharing” and child support is calculated based on the amount of time the child(ren) spends with each parent.

November 16, 2010

What Are Your Rights to Visitation in Florida?

By Erlinger Family Law

Like every other state, Florida family law courts prefer that both parents be involved in the lives of their children, so they are predisposed to liberal visitation – also known as time sharing – for the noncustodial parent.

However, there are some instances where the courts may not grant visitation at all, or impose supervised visitation. These include instances where a parent has:

• Been convicted of a drug crime or DUI

July 6, 2010

Florida Family Law: About Visitation Rights

By Erlinger Family Law

In some divorces, visitation rights and other custody issues can be highly charged points of contention. If divorcing spouses cannot agree on these issues, a court will decide the matter for them.

However, as a Jacksonville child custody lawyer, I always advise couples to try to work out an equitable visitation schedule themselves rather than having a judge decide it for them. But in some cases where there is domestic violence or substance abuse, this may not be possible.

Florida courts give great weight to the notion that both parents should be involved in the lives of their children. However, the following behaviors can impact whether or not visitation is allowed only in a supervised situation or at all:

June 18, 2010

Florida Divorce: How to Enjoy Father’s Day as a Divorced Dad

By Erlinger Family Law

Father’s Day can be a tough holiday for many divorced dads, especially in the first year following a divorce. But as the family starts to adjust to a new way of life, there are things that divorced dads can do to make it easier on everyone, especially themselves:

Plan Ahead – Be sure to plan any outings in advance and be sure your ex-wife is aware of those plans. You can avoid a lot of confusion and hurt feelings by doing a little advanced planning. Be sure to include your kids in the planning as well.

Be Generous With Your Time – Many divorced fathers feel they must compensate their children with gifts and money for the pain a divorce may have caused them. Don’t make this mistake. Your children want your time more than anything.

June 14, 2010

Florida Alimony and Child Support – House Bill 907

By Erlinger Family Law

House Bill 907 was approved and signed by Governor Crist on June 3, 2010. This bill made a number of changes to child support and alimony laws.

Changes:

1. Requires child support awards to end upon the child reaching the age of majority and, where appropriate, to account for revised child support guidelines based on remaining child support owed.

June 11, 2010

Florida Divorce Law: Understanding the Different Types of Child Custody

By Erlinger Family Law

As a Florida divorce attorney, I find that many of my clients are unaware of the different types of child custody that can be considered as part of a Florida divorce settlement.

In a Florida divorce action that involves minor children, there are four different kinds of child custody to be considered:

Legal Custody – Legal custody means you have both the right and the obligation to make important decisions about your child. This includes education, religion and medical care. In many cases, both parents are awarded legal custody of minor children and share the decision-making responsibility. If joint legal custody is awarded and one parent continually excludes the other from decisions about the child, that parent can be taken back to court for enforcement of the joint legal custody order.

May 31, 2010

Florida Divorce Common Myth of Counseling

By Erlinger Family Law

Florida divorce myths and realities can be difficult to separate when emotions are involved. This week on this blog we will be looking into them and what the truth is behind the myth. The myths we most commonly hear as divorce lawyers are the following:

1. Divorce counseling is needed before you can get divorced.

2. It matters if I or my spouse had an affair.

May 22, 2010

The Cost of a Florida Divorce

By Erlinger Family Law

Shopping for a Jacksonville divorce attorney can be challenging. The first concern people often have is the price of a family law attorney. However, the legal ramifications of a divorce are just as important, if not more so, than those that involve actually getting married. So, why do we choose to spend thousands of dollars on a wedding dress, but want to count pennies on the divorce?

First, you should know that the cost of your divorce is determined by the complexity of your case and the issues that will need to be taken care of throughout the process. Also, attorneys that practice family law a.k.a. divorce law, charge by the hour. So, a retainer secures a certain amount of hours of their time and saves you from being billed once per week for the hours they have worked. Knowing your bills makes them easier to manage. Also, you have a right to know and you should know what your attorney charges per hour and how they bill that time.

The reality is that we, as a socially, are more willing to spend money on the “fun” things in life than the “necessary” things. Women spend thousands on their dress and men spend thousands on the engagement ring because we are excited about the end result. Divorce does not hold the same excitement, so neither does paying the bill. If you are in a position where divorce has become a necessity, do not start your search for a lawyer based on the negative and worrying about the cost, but try focusing on the outcome, which will ultimately place you in a position not to worry about the next argument every time you open your eyes in the morning.

May 12, 2010

Florida’s Alimony May Be Getting a Facelift

By Erlinger Family Law

Florida alimony is due for a facelift and this year’s legislation has decided to do the work. Currently, Florida House Bill 907 is sitting on Governor Crist’s desk for a signature. What does this mean for those who may receive or pay alimony?

Well the main change will be that “Bridge-the-Gap” alimony, which historically is designed for a determinable (by the Court) period of time to provide for support from married to single life. Now, the time-frame will be defined with a stroke of Governor Crist’s pen.

According to the intent of Florida HB 907, “Bridge-the-Gap” alimony will no longer be dependent on issues surrounding the divorce, but simply a two (2) year time frame. This type of support will be available for no more than two (2) years. While some who are recipients of this type of alimony may be cringing as they read, the reality is that this may not be a bad thing for either party. The reason is, if you become too reliant on money that is only there for a short period of time, previously 1 – 5 years, then it will make the inevitable transition that much more difficult. Knowing that you only have, no matter what, 2 years to rehabilitate yourself from married to single life, actually gives you a timeframe to see where you’re going and when you need to get there.

May 11, 2010

Florida Child Support – How is it calculated?

By Erlinger Family Law

Florida child support is not designed to hurt your bank account. In Florida, child support guidelines use the incomes of the parties with a few credits given: childcare costs (who is paying?) and health insurance (who is paying?).

First, the income of the parties and their percentage to the overall household is how guideline support is determined. For instance, if you W makes $50,000 per year and H makes $50,000 per year, then the combined income is $100,000 per year and each is contributing 50%. So, if the child support calculation is $1000.00, then the parent without the majority of time with the child will pay $500.00.

The cost of child care is factored in, and the person paying gets a 75% credit of the money paid. Therefore, if childcare is $100 per month paid by W, W will get a credit of $75.00. The same is true with insurance payments.