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Chapter 5: Handling Conflicts: Strategies For Resolving Parental Disputes

Fri, 04 Oct 2024 01:54:34 GMT

Common Sources Of Conflict In Parenting Plans

In Florida, conflicts in parenting plans often stem from several common issues. Understanding these potential sources of conflict can help you create a more effective and detailed parenting plan that reduces misunderstandings and disputes. In this section, I’ll discuss just some of the most frequent sources of conflict I’ve encountered during my career as a family law attorney.

Conflicts often arise when parents disagree on the specific times for picking up and dropping off the children. Differences in work schedules or other commitments can dramatically exacerbate these disputes. Parents may disagree on where the handoffs should occur if the parenting plan does not specify the exact locations for exchanges.

Parents may disagree on which extracurricular activities the children should participate in, especially if these activities interfere with the other parent’s time. Disputes can arise over who is responsible for paying for these activities, including equipment, uniforms, and travel expenses.

One parent may want to relocate for various reasons, such as a job opportunity or to be closer to family, which can disrupt the agreed-upon time-sharing schedule. Relocation can significantly impact the amount of time each parent gets to spend with the children and can lead to conflicts over adjusting the parenting plan.

Disagreements can occur over how holidays, birthdays, and other special occasions are divided between the parents. Holiday plans that deviate from the regular schedule can create tension if not clearly outlined in the parenting plan.

Conflicts can arise over major decisions regarding the child’s education, medical care, and religious upbringing if parents do not agree or if the plan lacks clarity on decision-making authority. Disputes can occur if one parent feels their input is not being valued or if there is confusion over who has the final say in important matters.

Ineffective or insufficient communication between parents can lead to misunderstandings and conflicts. Disagreements over the preferred method of communication (e.g., text, email, phone calls) can also be a source of tension.

Conflicts can arise over travel plans, especially if one parent wants to take the child out of state or country without the other parent’s consent. Parents may disagree on the timing and duration of vacations, particularly if they overlap with the other parent’s scheduled time.

Tensions can occur when one parent introduces a new partner into the child’s life, leading to disagreements over the appropriate timing and involvement of the new partner. Conflicts can also arise if one parent feels the new partner is having an undue influence on the child or on parenting decisions.

Resolving Conflict Through Mediation

Mediation is critical in resolving conflicts in parenting plans, providing a structured yet less formal setting for parents to discuss and settle their disputes. In fact, most new cases are referred to mediation before they go to court. This step is often mandatory, as the court prefers that parents try to resolve their issues outside of the courtroom.

But even without a court order, you can willingly choose to enter mediation to address and resolve conflicts in your parenting plan.

Mediation takes place in a more relaxed and less adversarial environment compared to court. This can help reduce stress and promote more productive discussions. A neutral mediator facilitates the sessions, helping both parties communicate effectively and focus on finding mutually acceptable solutions.

As a mediator, I help parents understand the relevant statutes and legal requirements. This ensures that any agreements made are in line with the law and the best interests of the children. I assist in clarifying the specific issues that need to be addressed, such as time-sharing schedules, holiday arrangements, and decision-making responsibilities.

Adhering To Parenting Plans

If your ex is not adhering to the parenting plan, it’s essential to speak with an attorney immediately to understand your rights and options. An attorney can provide guidance tailored to your specific situation. Trying to resolve the issue on your own can be time-consuming and may significantly complicate matters. Let your attorney handle the legal aspects to ensure everything is done correctly.

Managing Unresolved Parenting Conflicts

When parents cannot resolve conflicts regarding their parenting plan, Florida courts step in to make a decision based on the best interests of the child.

Here’s an overview of how the process works:

Setting A Hearing
If conflicts remain unresolved, either parent can file a motion with the court to address the specific issues. This motion sets the case for a hearing. The court will then schedule a hearing where both parties can present their arguments and evidence.
Applying The Statute
Florida courts apply the statute focused on the child’s best interests. This includes various factors such as the child’s age, health, emotional ties to each parent, and the ability of each parent to provide for the child’s needs.
Presentation Of Evidence
You’ll be able to present detailed evidence regarding your involvement and your child’s well-being. This includes school records, medical records, and any documentation showing each parent’s involvement in the child’s life. Witnesses, such as teachers, family members, or mental health professionals, may testify about the child’s best interests and each parent’s role.
Court Decision
The judge will use discretion based on the evidence and statutory guidelines. The court aims to make a decision that best supports the child’s overall well-being. The court’s ruling will address the specific conflicts and outline how parenting time and responsibilities will be allocated.
Enforcement And Compliance
Once the court issues an order, both parents must comply. Failure to adhere to the court order can result in legal consequences, including contempt of court charges. In some cases, follow-up hearings may be necessary to ensure compliance and address any new issues that arise.

For more information on Strategies For Resolving Parental Disputes, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 555-555-5556 today.

Bridge-The-Gap Alimony

Wed, 27 Sep 2023 01:48:20 GMT

In Florida, three forms of alimony are available: bridge-the gap, rehabilitative, or duration alimony.

A court determines whether or not to award alimony by determining whether the party seeking alimony has a need, and the paying spouse has the ability to pay.

Bridge-the-Gap alimony is awarded to help a party transition from being married, to being single. It is specifically awarded to assist a party with legitimate, short-term needs.

Bridge-the-Gap alimony may not exceed 2 years in length.

Bridge-the-Gap alimony terminates upon the death of either party, or upon the remarriage of the receiving spouse.

It is important to note that bridge-the-gap alimony is not modifiable in amount or duration.

Alimony Law Reform – Permanent Alimony Eliminated

Fri, 07 Jul 2023 01:44:57 GMT

As of July 1, 2023, permanent alimony is no more in Florida after Governor Ron DeSantis signed SB1416 into law on June 30, 2023.

Changes to the law governing alimony awards will apply to any final judgment entered on or after July 1, 2023 include:

The elimination of permanent alimony, leaving only bridge-the-gap, rehabilitative, and durational forms of alimony.
Rehabilitative alimony is limited to 5 years.
Durational alimony may not be awarded for any marriages less than 3 years in length.
An award of durational alimony is limited based on the length of the marriage, and may not exceed the receiving spouses reasonable need, or 35% of the difference between the parties’ net incomes.
Courts must make specific written findings if a paying spouse is required to purchase life insurance to secure the receiving spouse’s award of alimony.
A court must reduce or terminate an award of alimony if it makes specific written findings that a supportive relationship exists.
A paying spouse must prove by a preponderance of the evidence that a supportive relationship exists.
Once proven, the burden shifts to the obligee to prove by a preponderance of the evidence that the alimony award should not be reduced or terminated.
The new bill codifies standards and procedures related to retirement. If the paying spouse seeks to retire, they may apply for modification of the alimony award no sooner than 6 months prior to the planned retirement.

Law Update: Greyson’s Law

Thu, 22 Jun 2023 01:43:16 GMT

In May 2023, Florida Governor Ron DeSantis Signed Into Law A Bill Coined “Greyson’s Law”. Read On For More On “Greyson’s Law.”

“Greyson’s Law” is a result of the tragic murder-suicide involving 4-year old Greyson Kessler and his Father, both residents of Broward County. Days before tragedy struck, Greyson’s Mother, Ali Kessler, had filed an emergency petition in Broward County outlining her fear of becoming a victim of domestic violence at the hand of Greyson’s father. Greyson’s father had, days prior, sent a number of disturbing and threatening communications to Ms. Kessler. However, these communications were not considered in protecting Greyson from his Father.

“Greyson’s Law” Now Provides Additional Safeguards And Protections For Children And Families.

Greyson’s Law amended Fla. Stat. §61.13, requiring courts to consider certain factors in deciding whether shared parental responsibility is detrimental to the child. In determining detriment to the child, the court shall now consider:

Evidence of domestic violence as defined in § 741.28
Whether either parent has or has had reasonable cause to believe that he or she or her minor child or children are or have been in imminent danger of becoming victims of an act of domestic violence… by the other parent against the parent or against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court;
Whether either parent has or has had the reasonable cause to believe that his or her minor child or children are or have been in imminent danger of becoming victims of an act of abuse as defined in § 39.01(2)…. by the other parent against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court; and
Any other relevant factors.

Greyson’s Law further amends Fla. Stat. §741.30 pertaining to domestic violence injunctions adding the following {mark all that apply} instances of domestic violence:

Whether Respondent “engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short.”

The Court is now able to consider whether the Respondent has or had engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however, short, which evidences a continuity of purpose and which reasonably causes the petitioner to believe that the petitioner, or his or her minor child or children are in imminent danger of becoming victims of any act of domestic violence when determining whether the entry of a domestic violence injunction is appropriate.

This new statutory language goes into effect July 1, 2023.

Imputing Income – What Does That Mean?

Fri, 02 Jun 2023 01:40:56 GMT

A common scenario during the initiation of child support proceedings is as follows: My child’s Mother/Father quit their job, or switched from full-time employment to part-time employment. What happens to child support now?

Fla. Stat. § 61.30(2)(b) provides that “monthly income shall be imputed to an unemployed or underemployed parent if the unemployment/underemployment is found by the court to be voluntary on the parent’s part, absent a finding of physical or mental incapacity or other circumstances over which the parent has no control.

How Is Income Imputed?

If the Court finds the parent is voluntarily unemployed or underemployed, the parent’s income shall be determined by the following:

The parent’s recent work history
The parent’s occupational qualifications
The income level within the community given the parent’s work history and qualifications.

If the parent fails to participate in a child support proceedings, income will be automatically imputed to the parent at the median income of year-round, full-time workers published by the United States Bureau of the Census.

However, to impute income higher than the median income, the party seeking to impute income must present evidence indicating that the unemployment/underemployment is voluntary, and identities the amount and source of the imputed income by providing information such as:

Party’s education
Party’s experience
Party’s current licensure
The geographic location of the party
The parties’ time sharing schedule

The evidence presented must not be more than 5 years old and income cannot be imputed at a level a party has never earned in the past, unless the party was recently degreed, licensed, certified, relicensed, or decertified.

Did your co-parent recently change jobs? Are you considering a job change? Seek out the advice of Counsel before doing so to discuss the impact your job change may have on the calculation of child support. Call our office today for more information.

Parenting Plan Must Haves

Tue, 18 Apr 2023 01:36:10 GMT

For those going through family law cases involving minor children, usually there are two big questions; what will timesharing look like, and what is child support going to be?

Before considering child support, it’s important to write out a Parenting Plan. A Parenting Plan is a document that outlines the relationship between the parents, and the minor child(ren). Elements of a Parenting Plan can differ family to family, including specifics about child(ren)’s education, health care, religion, etc.

Who Creates A Parenting Plan?

A Parenting Plan can be developed and agreed to by the parents through mediation to other means. A Parenting Plan created by parents (with or without the help of an attorney) must be presented to the Court, and ratified (approved) by the Judge. Family law cases are often settled by parents in mediation, after all, the people who know your family best is you!

If the parents are unable to agree to a Parenting Plan, or if the Court does not approve the Parenting Plan submitted by the Parents, then a Parenting Plan would be established by the Court. The Court does not know the intricacies of your family dynamic, they determine a Parenting Plan by applying the facts presented to the best interest factors in Fla. Stat. §61.13.

What Are The Minimum Elements Of A Parenting Plan?

At a minimum a Parenting Plan approved by the court must:

Describe how the parents will share and be responsible for the daily tasks associated with the upbringing of the child(ren).
Include a timesharing schedule that specifies the time the child(ren) will spend with each parent.
Designate who will be responsible for health care, including health insurance, dental insurance, and vision (if applicable).
School related matters, including the address to be used for school-boundary determination.
Dictates Parental Responsibility (shared, ultimate-decision making, sole).
Extra-curricular activities and the costs associated with them.
Describe the methods and technologies the parents will use to communicate with the child(ren).

Do you and your co-parent need a Parenting Plan? Have you been working on a Parenting Plan, but can’t agree on everything? We can help!

Parent Education And Family Stabilization

Wed, 05 Apr 2023 01:34:13 GMT

If you have a pending Dissolution of Marriage case, or pending Paternity action, you’ve likely received an Order requiring that you attend a “Parent Education and Family Stabilization Course.”

A large number of children going through the divorce or separation of their parents each year. Legal proceedings often cause conflicts between parents. Ultimately, children suffer from parental conflict. This could lead to short-term and/or long-term consequences.

Therefore, to limit the potential for negative consequences, the courts require a Parent Education and Family Stabilization Course be taken by both parents to provide information to each parent showing the “behind-the-scenes” process Judge’s complete when making decisions on issues affecting the children.

The Parent Education and Family Stabilization Course should be completed at the earliest stages of your pending legal matter, but must be completed before the conclusion of the same.

The Department of Children and Family Services (DCF) approves parenting courses with the following minimum requirements:

4 hour minimum length
Information regarding spousal and child abuse and neglect
Educational in nature, not therapeutic

What Do These Classes Cover?

Approved Parenting Courses can cover a wide range of topics, but primarily covers issues related to custody, care, time-sharing, and support of a child or children including, but not limited to:

Legal aspects of deciding child-related issues between parents
Emotional aspects of separation and divorce on adults
Emotional aspects of separation and divorce on children
Family relationships and family dynamics
Financial responsibilities to a child or children
Issues regarding spousal or child abuse and neglect
Skill-based relationship education that may be generalized to parenting, workplace, school, neighborhood, and civic relationships

I Took My Course, Now What?

If you’ve completed your course, please submit your certificate of completion to our office via email and we will ensure the Certificate is properly filed with the Court.

Provider List

Please follow this link to find a list of providers based on your respective circuit. Parent Education and Family Stabilization Courses (LIST)

Additionally, please reach out to our office to confirm if an online course is acceptable in your particular matter.

Thank you!

Administrative Support Proceedings – What The Heck Is That?

Tue, 14 Mar 2023 01:31:23 GMT

The Florida Department of Revenue (otherwise known as “DOR”) is authorized to administratively establish child support obligations. The DOR does not have the ability to determine issues related to a divorce, separation, alimony, spousal support, termination of parental rights, dependency, disputed paternity, or change of time-sharing.

What does that mean?

First, it’s important to note that the Florida Division of Administrative Hearings (DOAH) is not the same as the circuit court. These two court systems have concurrent jurisdiction. This means that both court systems may enter court orders related to child support at the same time if there is no existing court order of child support.

This is important to note because the DOR is limited to issues only related to the establishment or modification of child support.

The DOR cannot implement a parenting plan that is not agreed upon by the parties. While the DOR can establish and modify child support, they may not establish a Parenting Plan when the parties cannot agree.

Additionally, the DOR and DOAH cannot enforce a parenting plan, even if it is one that is agreed upon by the Parties.

Initiation Of Administrative Support Proceedings

Have you received a certified letter in the mail titled “NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER” from the Florida Department of Revenue? If so, a proceeding to administratively establish child support has begun. Service of this Notice is established pursuant to § 409.2563(4) Fla. Stat. and does not always require formal service of process.

Opting Out Of The Administrative Support Proceedings

As the obligor, you can opt out of the administrative support proceedings. Upon receipt of the initial Notice of Proceeding to Establish Administrative Support Order, the obligor must 1) request in writing that DOR proceed in circuit court, or 2) state in writing intent to address time sharing and/or parental rights issues in circuit court.

The obligo may also file a support action in circuit court and serve DOR with a copy of the Petition within the same 20-day time frame.

Doing Nothing – Does More Harm Than Good

If you choose to ignore the initial Notice, and any documents thereafter, the DOR may proceed without your participation. If you’ve received a Notice from the Florida Department of Revenue, contact our office right away for assistance

Prenuptial Agreements

Thu, 09 Feb 2023 02:29:29 GMT

Prenuptial agreements are contracts entered into by parties in contemplation of marriage. Prenuptial agreements typically outline the rights and obligations of each spouse.

Prenuptial agreements are governed by the law of contracts. For prenuptial agreements, the parties’ marriage is the only consideration required. If the parties execute a prenuptial agreement, and do not marry, then the prenuptial agreement is not valid.

What Are Things That May Be Waived In A Prenuptial Agreement?

Prenuptial agreements allow parties to waive certain rights and interests in the event of a divorce.

For instance, alimony may be waived. Parties may include a provision in their prenuptial agreement outlining their obligation or right to alimony. However, an alimony waived must specifically be waived.

The right to certain marital property may also be waived. For example, one party may outline their “non-marital asset” shall remain their individual asset according to the terms of the prenuptial agreement. However, the other spouse is nevertheless entitled to an equitable distribution of the increase in value or appreciation that results from the efforts of the parties or from marital funds or both during the marriage. However, the parties can specifically waive this in their prenuptial agreement.

Parties may also waive the right to post-dissolution attorney’s fees, costs, and suit monies.

What Are Things That May Not Be Waived In A Prenuptial Agreement?

While prenuptial agreements are governed by contract law, Florida public policy prohibits some rights and interests from being waived.

A party cannot waive the right to temporary support. Temporary support includes both pre-dissolution alimony and attorney’s fees, costs, and suit monies. Although the parties may waive spousal support in a prenuptial agreement, a party may still be elegible to receive support on a temporary basis, until the entry of a Final Judgment dissolving their marriage.

Parties cannot waive the right to pre-dissolution attorney’s fees, costs, and suit monies. A prenuptial agreement waiving or limited attorney’s fees to a spouse who needs them in a pending dissolution action violates public policy.

The right to child support cannot be waived. Child support is a right that belongs to the child. That right cannot be contract away by the parents. The parties also cannot waive the best interest standard as it pertains to child custody. The best interest standard must be applied when determining timesharing. However, parties can waive the substantial change in circumstance standard for any future modification case.

Approximately 40-50% of first-time marriages ultimately end in divorce. Prenuptial agreements may be seen as taboo, but a prenuptial agreement should instead be seen (and used) as a safety precaution. Having a prenuptial agreement prior to marriage may save you time and money. Executing a prenuptial agreement does not guarantee divorce.

Before you get married, contact our office to discuss a prenuptial agreement and how marriage will effect your personal property, investment accounts, real estate.

Mediation – How Does That Go?

Tue, 17 Jan 2023 02:26:46 GMT

If you haven’t had a chance to read our prior post Mediation – What is That? stop here and take a moment to read prior to continuing here!

There are two types of mediation – court-ordered mediation, and mediation by agreement of the parties. Typically, regardless if the mediation is court-ordered or by agreement of the parties, you will have a Supreme Court certified mediator nonetheless.

Mediation can occur either in person, or virtually. The court may order in-person mediation. However, most mediations take place virtually, via Zoom. Many of my clients attend mediation from the comfort of their home. Statistically, mediations that occur virtually have shown to be more successful than those that occur in-person. Why? When you mediate from home or your place of comfort, there are less nerves and stress surrounding the mediation. While there should be no other parties present in your mediation space, you have the ability to make yourself coffee, get more water, and even engage with your animals/pets during the course of mediation.

On the day of mediation, the mediator will begin with a brief introduction, introducing themselves and discussing the process and role they play in mediation. They will offer an opportunity for the parties to ask any questions, should you have any. After, the mediation will usually allow the Petitioner/Moving Party to voice their concerns. Then, they will hear the other side’s concerns. Sometimes, the mediator will meet with both parties. More often, the mediator will split the parties (and their respective attorney, if they have one) into “breakout rooms” to hear each side’s position in confidence. The mediator cannot share everything discussed during this time. The mediator will only present to the other side what you give them permission to.

Mediation may have quite a bit of downtime. While the mediator is having discussions with the other party, it’s a short opportunity to chat with your lawyer, run to the bathroom, or grab a snack! The flexibility allowed during mediation is another reason that many clients prefer to attend from the comfort of their own home.

Mediations are typically scheduled either for a half-day, or a full day. A half-day mediation is usually 3 hours long, while a full day mediation can be eight hours or longer. Mediation can end in a couple of different ways: 1) an agreement was reached, 2) there is no agreement reached and the mediation is declared an “impasse” 3) mediation is continued for another day.

Mediation? What Is That?

Tue, 10 Jan 2023 02:24:43 GMT

What Is Mediation?

A mediation is not a court hearing, and Judge’s are not present at mediation. Mediation is an opportunity for the parties to sit (either in person or virtually) to discuss the issues surrounding their case. A mediator is a neutral third party. They have no interest in your case, they are simply there to try to help the parties reach a settlement!

A mediator will not say who is right or wrong. They will not take sides. However, a mediator will work with the parties to understand the other side’s perspective. A mediator cannot force you to enter into an agreement.

How Is Mediation Beneficial?

There are numerous benefits to mediation. These benefits play a huge role in family law cases, most of which are settled outside of court. Some of the benefits to mediation are discussed below:

First, the mediator provides a set of skills specifically aimed towards helping you reach a resolution in your dispute. These special skills may help both parties overcome certain obstacles by suggesting certain solutions that neither previously considered. In mediation, your input does matter. You have the power to choose to agree (or disagree) throughout the process. The choice to enter into an agreement is solely in your hands. Although a mediator can make suggestions, a mediator cannot make you agree to anything.

Second, everything shared in mediation is confidential. Prior to mediation beginning, the mediator will reiterate this to you. Mediation is like Vegas, what happens and is discussed in mediation, stays there. This provides a “safe space” to make certain suggestions to try to reach a deal that you wouldn’t otherwise discuss. There are some exceptions to the confidentiality rule such as child abuse, elder/vulnerable adult abuse, and any suggesting of a party intending to commit a crime.

Mediation agreements are enforceable. If a deal is reached, the agreement will be put into writing and signed by the parties. That signed writing is then a contract, and becomes a legally binding document. Should a party not follow the terms of the mediation agreement, they can be held in contempt of court.

Mediation saves parties time and money. In a trial, both sides present evidence and arguments, and a judge decides the outcome of the dispute. A substantial amount of time (and therefore money) must be invested by both sides so that their attorney’s may properly prepare for trial. Mediation will also resolve your case more quickly than a formal trial process, which can include Case Management Conferences, Pre-Trial Conferences, Depositions, Trial Preparations, and more.

Reached an agreement at mediation is your opportunity to have input in the resolution to your case. Presenting your case to the Judge puts the power in the Judge’s hand to make decisions for you and your family. While you may not know what decision the Judge will make at trial, you’ll be bound by that ruling whether you like it or not.

In most family law cases, the Courts will refer parties to mediation prior to any temporary relief hearings. Accordingly, mediation is an extremely important part of your case. If your case is set for mediation, and you need a game plan, contact our office today!

I Got Served But Didn’t Answer… What Now?

Thu, 03 Nov 2022 01:23:21 GMT

Being served can be a scary feeling. Seeing your name on legal documents and reading “A lawsuit has been filed against you” just might be one of your Top 10 scary moments. Unfortunately, pretending you didn’t receive the papers served on you won’t make the case go away.

What Happens If I Don’t Respond?

If you’ve been served any documents, you have twenty calendar days to file responsive documents and serve them on the other side. Contrary to popular belief, twenty days does include weekends and holidays.

If you fail to file or serve any documents within twenty days of being served, the other party may file a “Motion for Entry of Clerk’s Default,” requesting the Clerk of the Circuit Court enter a default against you. Generally speaking, a default will grant the moving party whatever relief they’ve request.

In the alternative, the Court may also enter a default against a party if the Court finds that one party failed to file or serve any document in the action. This is a “judicial” default.

The Other Side Didn’t Respond, How Do I Get A Default Entered Against Them?

To obtain the entry of a default, you’ll need to fill out and file a Motion for Default, along with the Default. If the Clerk finds your Motion is proper, the Clerk of the Circuit Court may enter the default.

After the default has been entered, you may ask for a hearing on your Petition/Motion, so that the Judge can consider your Petition/Motion.

A Default Was Entered Against Me. How Can I Fix This?

If you notice that a Default has not yet been entered against you, you can answer or file any responsive documents before the Clerk enters it. If the default has already been entered, and you attempt to file any documents, the Clerk will alert you of the Default.

There is hope, however. The Court may set aside a default or default judgment that has been entered against you. If you believe, because of a mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud, that is should not have been entered against you, you can file a Motion to Set Aside Default or Default Judgment.

Filing a Motion to Set Aside Default or Default Judgment does not guarantee that a default or default judgment will be set aside.

If a default has been entered against you, or if the other side has failed to respond to your Petition/Motion, contact our office today to discuss your options!

60/40 Time Sharing

Tue, 25 Oct 2022 01:21:12 GMT

The Courts find that it is in the best interests of minor children to have frequent and ongoing communication and contact with both of their parents. However, that doesn’t always mean that it’s in the children’s best interest to have equal timesharing with both parents, especially for school-aged children.

Enter The 60/40 Schedule

A 60/40 schedule works well for parents that still want to exercise substantial time with the child(ren), but aren’t able to figure out a 50/50 time sharing schedule with fewer exchanges. Perhaps alternating weeks is too long to be away, and all other options lead to too much bouncing back and forth between homes, then a 60/40 time sharing schedule might be for you!

Here are some different variations of the 60/40 schedule:

While a 60/40 might work well for children during the school year, spring, summer, and holiday breaks are a great opportunity for Parent B to make up additional time. For parents who want 50/50 time sharing, but know a 50/50 schedule is not feasible during the school year, keep in mind that days can always be allocated during those breaks!

50/50 Time-Sharing – Breaking It Down

Fri, 21 Oct 2022 01:16:45 GMT

Divorce, separation, and/or a breakup is hard enough on parties emotionally, mentally, and physically, but when you throw children into the mix, it only gets more complicated.

A big issue to tackle during any Divorce or Child Custody/Support matters is time-sharing. The Florida Courts utilize the word time-sharing, instead of using “custody.” However, time-sharing is the amount of time that the child, or children, are spending with each parent.

Recently, there has been a push towards normalizing parents sharing 50/50 time-sharing with their children. In fact, there has been a trend towards creating a rebuttable presumption that 50/50 time-sharing is in children’s best interests. What does this mean? Although this “rebuttable presumption” has not yet been codified by the Florida Legislature, generally speaking, Courts are leaning more towards both parents spending equal amounts of time with their parents.

A customary version of 50/50 time-sharing is the “one week on, one week off” schedule. However, there are many other variations of 50/50 that have become popular for parents who believe that seven days is just too long to go without seeing their children. Below are some of the common 50/50 timesharing arrangements that stray from one week on, one week off.

The 3-4-4-3 Schedule

A 3-4-4-3 schedule has your child spend 3 overnights with Parent A, then 4 overnights with Parent B. The child then spends 4 overnights with the Parent A in week two, then 3 overnights with Parent B. The schedule then restarts. It looks something like this:

Pros: Typically, parents will have three days that remain consistent at their respective homes. Parents often like this schedule because the children know they will spend x, y, and z days at Parent A’s house, and a, b, and c days at Parent B’s house. The child(ren) spend significant amounts of time with both parents, and neither parent goes very long without seeing the children.

Cons: Depending on the Parent’s “flip” day, Parent’s may not get a full weekend with the children, or one Parent may have the child(ren) every weekend. The child(ren) also experience exchange in the middle of the school week, and parents must maintain good communication regarding school work.

The 2-2-5-5 Schedule

A 2-2-5-5 Schedule has your child spend 2 overnights with Parent A followed by 2 overnights with Parent B. The child then spends 5 overnights with Parent A, followed by 5 overnights with Parent B. The schedule then restarts. It looks something like this:

Pros: Similar to the 3-4-4-3, the child(ren) are consistently at the same home for two specific days. So children are at Parent A’s home each week on a, and b days, and with Parent B on y, and z days. Typically, this schedule allows parents to alternate having an entire weekend with the child(ren).

Cons: The 2-2 schedule means there are more frequent exchanges between the parents. These frequent exchanges may make it difficult for children to adapt. Depending on the “flip” day, one parent may have the child(ren) every weekend.

The 2-2-3 Schedule

The 2-2-3 schedule has the child(ren) spending 2 days with Parent A, then 2 days with Parent B, then 3 days with Parent A. The following week, it switches, spending 2 days with Parent B, then 2 days with Parent A, and 3 days with Parent B thereafter. This schedule looks like this:

Pros: The child(ren) spend time with both parents, and don’t go very long without seeing either parent. The schedule is easy to implement and allows parents to alternate weekends.

Cons: There are frequent exchanges, which may make it difficult for child(ren) to adapt to living in two households. Parents must maintain good communication to stay on top of schoolwork and extra-curricular activities due to frequent exchanges.

Mandatory Disclosures – What Are Those?

Wed, 19 Oct 2022 01:10:42 GMT

Florida Family Law Rule of Procedure 12.285, Mandatory Disclosure, establishes all of the financial documents that must be provided to the other side/the other sides attorney in initial and supplemental family law cases.

Why Are These Documents Required?

Mandatory Disclosure requires parties to disclose certain financial information and documents to the other side in order to paint a clear and accurate picture of each party’s finances. This disclosure can either aid the parties in reaching a fair agreement, or assist a judge in dividing assets between the two parties fairly and equitably.

What Documents Are Required To Be Produced?

The following is a brief synopsis of some of the documents required.

A Family Law Financial Affidavit
Short Form Financial Affidavit (individual annual gross income of $50,000 or less)
Long Form Financial Affidavit (individual annual gross income of $50,000 or greater)
Tax Returns for last three years
Pay Stubs for last 6 months
Loan Applications, Financial Statements, Credit Reports or other form of financial disclosure within 24 months of the date of production.
Deeds to real estate in which an interest is or was owned for past 3 years.
Any promissory notes or other documents evidencing money owed to you or your spouse at any time within the last 24 months.
Any and all leases, in your name individually or jointly with another.
Statements for the last 12 months for the following:
Checking accounts
Savings accounts
Money Market Funds
CD’s
Brokerage accounts
Pensions
Profit Sharing
Retirement Plans
Virtual Currency transactions
Declaration page, last period statement, 12 months of statements and the certificate for any group insurance for all life insurance policies for you or your spouse
Dental and Health insurance cards
Corporate, partnership, and trust tax returns for last 3 years
Statements for the last 24 months for the following:
Credit Card and Charge Accounts
Promissory Notes you presently owe on or owed on.
Lease agreements in which you presently owe
All premarital and/or marital agreements between the parties to this case
Any affidavits and declaration of non-paternity or judgments of disestablishment of paternity for any minor or dependent children
Any and all documents related to a claim for unequal distribution of marital property, enhancement or appreciation in non-marital property, or non-marital status of an asset or debt.
Any court order directing you to pay or receive alimony or child support.

Whew! That’s A Lot Of Stuff!

It is! The purpose of these disclosures is to allow both parties to come to the table with most, if not all of the information they need to reach an agreement. If, for some reason, the parties are unable to reach an agreement, the Judge will utilize the documents each party provides to equitably distribute the marital property between the party’s.

Call The Family Law Firm Of Tampa Bay today for a Mandatory Disclosure Checklist! We’ll make it easy for you.

Child Custody And Timesharing – Put It In Writing!

Tue, 11 Oct 2022 01:07:05 GMT

If You Have A Timesharing Agreement For Your Child(ren), Put It In Writing, And File It With The Court!

In 2020, over 47% of all births in the State of Florida were children born to unwed Mothers. Why is this important? Florida Statutes have not caught up with the realities of our modern day society – more children are born to parents who are unwed.

Pursuant to § 744.301(1) Florida Statutes, a mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the Court enters an order stating otherwise.

What Does This Mean?

The mother of a child or children born out of wedlock that is/are not subject to a parenting plan or timesharing schedule has all of the timesharing and sole parental responsibility of the minor child(ren) in question. The Mother is allowed to exercise all of the timesharing with the child(ren) and make all decisions on behalf of the child(ren) until a Court order indicating otherwise is entered.

How Do I Get A Court Order?

A Petition to Establish Paternity and Other Relief may be filed. If both parties agree that paternity is a non-issue, then an affidavit acknowledging paternity or a stipulation of paternity may be executed by both parties and filed with the Clerk of Court pursuant to § 742.10 Florida Statutes. Once Paternity is established, either party may seek to establish a Parenting Plan.

Preserve Your Appeal! Read On For Rule Changes…

Fri, 09 Sep 2022 01:05:34 GMT

On August 25, 2022, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530. The Supreme Court of Florida finds that filing a Motion for Rehearing is required to preserve an objection to insufficient trial court findings in a final judgment.

Supreme Court of Florida No. SC22-756 IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.530 AND FLORIDA FAMILY LAW RULE OF PROCEDURE 12.530

What Is A Motion For Rehearing? Fla. Fam. Law. R. P. 12.530

A Motion for Rehearing is a Motion filed by a moving party that allows the trial court the opportunity to consider matters it did not yet consider, or those that were overlooked at trial. A new trial or rehearing may be granted to all or any of the parties and on all or part of the issues.

A Motion for Rehearing must be served no later than 15 days after the date the Final Order/Judgment was filed.

When a Motion for Rehearing is filed, the Court must determine if a hearing on the Motion is required. If so, the Court provides a Notice of Hearing. A Court may enter an Order granting or denying the Motion without a hearing if the Court determines a hearing is not needed.

Any Order granting a rehearing must specify the grounds for it.

What Does This Mean For Me?

Prior to August 25, 2022, there was no need for a Motion for Rehearing to be filed to preserve an appeal to challenge the sufficiency of a trial court’s findings in a final judgment.

As of August 25, 2022, Fla. Fam. L. R. P. 12.530(a), the following has been added: To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule.

This rule is effective immediately. Please keep these changes in mind if you are nearing the end of your case!

Equitable Distribution – What Does This Mean?

Wed, 29 Jun 2022 01:03:27 GMT

Equitable Distribution is the “formal” term to describe the process of dividing marital and non-marital assets and liabilities (debts) of the parties. The Court strives to create an equal distribution between the parties, unless there is a justification for an unequal distribution.

What Would Justify An Unequal Distribution Of Assets And Liabilities?

In awarding an unequal distribution of assets and liabilities, the Court considers the following:

What did each party contribute to their union?
Is either party a stay-at-home dad or stay-at-home mom?
What are the economic circumstances of these parties?
What are the respective salaries of each of the parties?
Consider the Financial Affidavits of both parties
How long were these parties married?
Did either party interrupt their personal career or educational opportunities for the other?
Did one spouse contribute to the other spouse’s personal career or education?
Does either party wish to retain a particular asset free of any claims by the other?
What did each spouse contribute to the asset to enhance said asset, or, in the alternative, did either spouse incur a majority of the liabilities?
Do the parties wish to maintain the marital residence for their children? Is it in the best interests of the child(ren) to continue to reside in the marital residence?
Did either party intentionally waste, deplete, or destroy any of the marital assets after filing for divorce or within two years prior to filing?

While this is not an exhaustive list, the Court may consider the answers to the inquiries above. To avoid leaving distribution of marital assets and liabilities in the hands of a Judge, parties may enter into a stipulation or agreement at any time.

Should the parties be unable to reach an agreement on equitable distribution, the Court must make specific findings of fact based on competent, substantial evidence, considering the answers to the inquiries discussed above.

If you have questions or are concerned about dividing your marital assets and debts, call our office to schedule an initial consultation today at 555-555-5556 . Our legal team will discuss the facts of your case and create a plan of action to protect you and your interests.

Child Support – Why Do I Have To Pay, And How Is It Calculated?

Wed, 11 May 2022 01:00:52 GMT

In the State of Florida, each parent has a fundamental obligation to support his or her child, whether their child is a minor or a legally dependent child. Fla. Stat. §61.29. This child support obligation is impose by the state not one parent to the other.

Fla. Stat §61.30 – Child Support Guidelines

Child Support Guidelines is the starting point used to determine a child support award. The following are amounts used when calculating Child Support Guidelines:

Gross Income
Gross income for child support purposes includes: one’s salary/wages, bonuses, commissions, allowances, overtime, and tips, business income from self-employment, partnership, close corporations, and independent contracts, disability benefits, worker’s compensation benefits and settlements, unemployment compensation, pension/retirement/annuity payments, social security/veteran benefits, spousal support (alimony), interest and dividends, rental income, income from royalties, trusts, and estates, reimbursed expenses or in-kind payments that reduce living expenses, and any secondary employment.
Net Income
Net income calculated for the purposes of Child Support is not the same as Net Income for Federal Tax Purposes.
To calculate net income for child support guidelines, net income is determined by subtracting the following allowable deductions from gross income:
Federal, state, and local income taxes.
FICA and Medicare taxes.
Mandatory Union Dues.
Mandatory Retirement Payments
Health Insurance (not inclusive of health insurance payments for child(ren).
Court-ordered child support for other children that is actually paid.Child Support Guidelines Worksheet

Once the gross monthly income is determined for each parent, and the appropriate deductions allowable by statute are subtracted, the net income of each parent is derived. Child Support Guidelines are then calculated by the following formula:

Child Support Guidelines Worksheet

Each Parent’s net monthly incomes are combined to determine the total available net income for child support purposes.

The child support guideline schedule is applied to the combined net incomes of the parents to determine the basic or minimum child support needed.

Each Parent’s payor percentage is determined by diving each Parent’s monthly net income by the combined monthly net income.

Each Parent’s percentage found above is applied to the guideline amount found in Row #2.

Child care costs are costs must actually be paid before they can be added into a child support obligation. The total Child Care costs are included in Row 5a.

Each Order for Child Support shall contain a provision for health insurance coverage for the minor child(ren) when health insurance is reasonable in costs and accessibility. The total health insurance costs for the child(ren) only is provided in Row 5b.

Row 5c includes the total monthly noncovered medical, dental and prescription costs. These costs should also be split in the same percentage as the child support.

Adjustments and credits are given to Parents for child care, health insurance, and uncovered medical expenses which are actually paid. The final calculations will reflect credits and adjustments for payments actually made. The total child support obligation owed from Father to Mother based on each Parents obligation amount and subtracting any adjustments or credits.

The smaller sum of the Child Support amount owed is subtracted from the other, and the resulting number is the child support to be paid by the Parent with the larger financial obligation.

The Court has the ability to modify the award by a 5% increase or decrease without additional findings.

Have questions about calculating child support? Do you want to establish child support? Have you received a Notice of Initiation of Child Support from the Department of Administration? Call our office today at 555-555-5556 to schedule an initial consultation to discuss. Our experienced legal team is here to help!

I Want To Modify Our Parenting Plan – How Can We Accomplish This?

Sat, 02 Apr 2022 00:56:45 GMT

Consider the Best Interest(s) of the Child(ren):

When establishing or modifying parental responsibility and/or a parenting plan, including a timesharing schedule, the best interest of the child remains the primary consideration.

A presumption that an established timesharing schedule is in the best interest of the child(ren) is created when ratified by the Court. In order to modify that which is already in existence, there must be a showing of substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interest of the child(ren). This is an extraordinary burden to meet.

What Does Not Constitute A Substantial Change In Circumstances?

The following are holdings in cases that were found not to meet the “extraordinary burden” in prove a substantial change in circumstances:

An “acrimonious relationship” between parents and a “lack of effective communication” does not rise to a substantial change in circumstances. Sanchez v. Hernandez
Inability of parents to communicate does not amount to a substantial change in circumstances. McKinnon v. Staats
Relocation of 45 miles does not meet a substantial change of circumstances for modification. Hollis v. Hollis

If you are wanting to modify and existing Parenting Plan or Parental Responsibility because of a change in circumstances, call our office today at 555-555-5556 to schedule an initial consultation to discuss. We are here to help!

Florida Alimony – What Kinds Of Alimony Am I Eligible For?

Wed, 23 Mar 2022 00:54:01 GMT

Florida Statute Section 61.08

Since 1980, Section 61.08 Florida Statutes has provided the statutory authority for a court to award a spouse alimony in a divorce proceeding. Most recently amended in 2012, Florida’s alimony laws provide five distinct forms of alimony that may be awarded. The Statute additionally provides specific language identifying appropriate alimony remedies.

Today, (03.22.2022) the types of alimony available are temporary, bridge-the-gap, rehabilitative, durational, and permanent. Alimony awards can be paid periodically, as a lump sum payment, or both.

How Will The Court Determine My Eligibility For Alimony?

Section 61.08(2) Florida Statutes instructs Courts to a multi-step analysis in determining whether an alimony award is appropriate. First, the Court must make a specific, factual determination as to whether there is an actual need for alimony, and whether the paying spouse has the ability to pay alimony.

If the Court finds there is both a need for alimony and the payor spouse has the ability to pay, then the Court considers all relevant factors (can be found here) to help determine the proper type and amount of alimony to be awarded. After consideration of all relevant factors, the Court then determines the type of alimony, if any, should be awarded.

Types Of Alimony

Bridge-the-Gap Alimony:
Bridge-the-Gap alimony is as it sounds… this alimony is awarded to assist a spouse in their transition from married life, to single life. To make a finding of bridge-the-gap alimony, evidence must be presented that shows a receiving spouse has an identifiable short-term need.
The length of an award of bridge-the-gap alimony shall not exceed two years. Additionally, an award of bridge-the-gap alimony shall not be modifiable, neither in amount, nor duration.
Rehabilitative Alimony:
Rehabilitative alimony is awarded to assist the receiving spouse establish their ability to support oneself financially. Usually, a receiving spouse is awarded rehabilitative alimony to redevelop skills previously had, or to complete schooling/training to develop new skills that would aid their financial self-support. For an order of rehabilitative alimony, there must be a specific and defined rehabilitative plan to be included in any order awarding rehabilitative alimony.
Unlike bridge-the-gap alimony, rehabilitative alimony may be modified or terminated based on the following scenarios:
A substantial change in circumstances has occurred
If the recipient is noncompliant with the rehabilitative plan, or
If the rehabilitative plan has been completed.
Durational Alimony:
Durational alimony is awarded to provide the receiving spouse with economic assistance for a set period of time following a marriage of short (less than 7 years) or moderate length (greater than 7 years, less than 17). An award of durational alimony may not exceed the length of the marriage.
Durational alimony awards are only partially modifiable. The amount of a durational alimony award may be modified or terminated based on a substantial change in circumstances.
Permanent Alimony: SUBJECT TO CHANGE
In ordering permanent alimony, the Court must first make two findings. First, that no other form of alimony is fair and reasonable under the circumstances. Second, that the length of the marriage (17 years or more) indicates a presumption either for or against the requesting spouse. For now, a long term marriage creates a rebuttable presumption in favor of awarding permanent alimony to a requesting spouse.
As Of July 1, 2023, Permanent Alimony Is No Longer Available And Has Been Eliminated.

Parenting Plan: What Is A “Parenting Plan?” And Discussing Parental Responsibility

Fri, 10 Dec 2021 01:51:23 GMT

Parenting Plan: What Is A “Parenting Plan?” And Discussing Parental Responsibility

Parenting Plan – Defined

Florida Statute § 61.046(14) defines a “Parenting Plan” to mean a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child(ren). A Parenting Plan must contain a timesharing schedule for the parents and child(ren).

Does The Judge Or Court Create Our Parenting Plan?

Although the Court must approve of the Parties Parenting Plan, the Court/Judge may not be the creator of the Parenting Plan in its entirety. A Parenting Plan can be developed and agreed to by the Parties either before or at mediation. If a Parenting Plan is agreed upon by the Parties, it is then submitted to the Court for review and approval.

If the Parties are unable to come to an agreement on a Parenting Plan, or if the Proposed Parenting Plan is not approved by the Court, then the Court may establish a Parenting Plan with or without recommendations by the Parties or other professionals, such as a Guardian ad Litem.

What Must Be Included In A Parenting Plan?

Florida Statute § 61.13(2)(b) establishes the minimum elements necessary to create a Parenting Plan that may be approved by the Court. Here are examples of the minimum requirements needed for approval:

Describe how the parents will share and be responsible for daily tasks associated with the upbringing of the minor child(ren).
Designate with specificity the amount of time the minor child(ren) will spend with each parent.
Discuss health care costs and responsibilities. Who will provide health insurance for the minor child(ren)? How will the costs of uncovered medical expenses be split between the parties?
Whose address will be used for the designation of the minor child(ren)’s school?
How will the parties determine whether the minor child(ren) should participate in extracurricular activities? How will the costs of those activities be split?
How will the Parties communicate with the child(ren)?

How Does The Court Determine Parental Responsibility?

First, it is important to note that Florida is neither a Pro-Mother, nor a Pro-Father state. Rather, the State of Florida strongly believes that each minor child of this state shall have frequent and continuing contact with both parents after the parents separate or divorce. The Courts encourage Parents share the rights and responsibilities of raising children.

Based on the above, it makes sense that, per Florida Statute § 61.13(2)(c)(2), the Courts must order Parents retain shared parental responsibility over their child(ren), unless the Court finds that shared parental responsibility would be detrimental to the child(ren).

Shared parental responsibility is defined as a “court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child.” When the Court orders shared parental responsibility, both parents should confer with one another to make decisions that would affect the welfare of the child. It is the Court’s desire that shared parental responsibility would allow the Parents to make decisions in the best interest of the child(ren) jointly.

Sole-Parental Responsibility means a court-ordered relationship in which one parent makes decisions regarding the minor child. Sole-parental responsibility does not mean that the parent without parental responsibility will exercise no timesharing. Even with an Order of sole-parental responsibility, the Court may still allow for timesharing between parent and child(ren). Although a Court may make a finding that shared parental responsibility is detrimental to the minor child(ren), the Court may nonetheless find timesharing, supervised or unsupervised, is in the best interests of the minor child(ren).

Ultimate Responsibility, in conjunction with shared parental responsibility, may also be ordered by the Court. A Court may consider the expressed desires of the parents and may grant one party ultimate decision-making authority over one or more specific aspects of a child’s life, such as school or health care decisions.

I Want Sole Parental Responsibility. What Evidence Can I Show The Court To Help Determine That Shared Parental Responsibility Would Be Detrimental To My Child(Ren)?

Evidence that a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence creates a rebuttable presumption of detriment to the child. However, the Court may advise the convicted parent to provide evidence that would indicate shared parental responsibility would not be detrimental to the child(ren).

Additionally, it is important to note an order of sole parental responsibility does not eliminate the non-custodial parent’s financial obligation.

What Is The Difference Between Sole-Parental Responsibility And Ultimate Decision-Making Responsibility?

Ultimate decision-making responsibility requires parents to first confer with one another to attempt to reach a joint decision. However, at the time that the parties cannot make a joint decision, the parent with ultimate decision-making responsibility has the option to unilaterally decide for the minor child(ren). If a parent is awarded sole parental responsibility, there is no requirement for that parent to confer with the other prior to making a decision that would affect the minor child(ren).

Asking The Court For Sole-Parental Responsibility Or Ultimate Decision-Making Authority

A parent requesting the Court order either sole-parental responsibility or ultimate decision-making authority must specifically plead for said relief either in a pleading or at trial. Additionally, if a parent is requesting ultimate decision-making authority, that parent must designate in their pleadings which, if any, aspects of the child(ren)’s lives that parent wishes to have ultimate decision-making authority for.

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Chapter 5: Handling Conflicts: Strategies For Resolving Parental Disputes

Common Sources Of Conflict In Parenting Plans

Resolving Conflict Through Mediation

Adhering To Parenting Plans

Managing Unresolved Parenting Conflicts

Bridge-The-Gap Alimony

Alimony Law Reform – Permanent Alimony Eliminated

Law Update: Greyson’s Law

In May 2023, Florida Governor Ron DeSantis Signed Into Law A Bill Coined “Greyson’s Law”. Read On For More On “Greyson’s Law.”

“Greyson’s Law” Now Provides Additional Safeguards And Protections For Children And Families.

Imputing Income – What Does That Mean?

How Is Income Imputed?

Parenting Plan Must Haves

Who Creates A Parenting Plan?

What Are The Minimum Elements Of A Parenting Plan?

Parent Education And Family Stabilization

What Do These Classes Cover?

I Took My Course, Now What?

Provider List

Administrative Support Proceedings – What The Heck Is That?

What does that mean?

Initiation Of Administrative Support Proceedings

Opting Out Of The Administrative Support Proceedings

Doing Nothing – Does More Harm Than Good

Prenuptial Agreements

What Are Things That May Be Waived In A Prenuptial Agreement?

What Are Things That May Not Be Waived In A Prenuptial Agreement?

Mediation – How Does That Go?

Mediation? What Is That?

What Is Mediation?

How Is Mediation Beneficial?

I Got Served But Didn’t Answer… What Now?

What Happens If I Don’t Respond?

The Other Side Didn’t Respond, How Do I Get A Default Entered Against Them?

A Default Was Entered Against Me. How Can I Fix This?

60/40 Time Sharing

*Enter The 60/40 Schedule*

50/50 Time-Sharing – Breaking It Down

The 3-4-4-3 Schedule

The 2-2-5-5 Schedule

The 2-2-3 Schedule

Mandatory Disclosures – What Are Those?

Why Are These Documents Required?

What Documents Are Required To Be Produced?

Whew! That’s A Lot Of Stuff!

Child Custody And Timesharing – Put It In Writing!

If You Have A Timesharing Agreement For Your Child(ren), Put It In Writing, And File It With The Court!

What Does This Mean?

How Do I Get A Court Order?

Preserve Your Appeal! Read On For Rule Changes…

What Is A Motion For Rehearing? Fla. Fam. Law. R. P. 12.530

What Does This Mean For Me?

Equitable Distribution – What Does This Mean?

What Would Justify An Unequal Distribution Of Assets And Liabilities?

Child Support – Why Do I Have To Pay, And How Is It Calculated?

Fla. Stat §61.30 – Child Support Guidelines

Child Support Guidelines Worksheet

I Want To Modify Our Parenting Plan – How Can We Accomplish This?

Consider the Best Interest(s) of the Child(ren):

What Does Not Constitute A Substantial Change In Circumstances?

Florida Alimony – What Kinds Of Alimony Am I Eligible For?

Florida Statute Section 61.08

How Will The Court Determine My Eligibility For Alimony?

Types Of Alimony

Parenting Plan: What Is A “Parenting Plan?” And Discussing Parental Responsibility

Parenting Plan: What Is A “Parenting Plan?” And Discussing Parental Responsibility

Parenting Plan – Defined

Does The Judge Or Court Create Our Parenting Plan?

What Must Be Included In A Parenting Plan?

How Does The Court Determine Parental Responsibility?

I Want Sole Parental Responsibility. What Evidence Can I Show The Court To Help Determine That Shared Parental Responsibility Would Be Detrimental To My Child(Ren)?

What Is The Difference Between Sole-Parental Responsibility And Ultimate Decision-Making Responsibility?

Asking The Court For Sole-Parental Responsibility Or Ultimate Decision-Making Authority

Enter The 60/40 Schedule