Child Custody and the Role of a Guardian ad Litem, HG.ORG LEGAL RESOURCES
(last visited on Aug. 5, 2021).
Article Provided by: Floridarevenue.com
Children deserve to have a legal father. When you establish paternity, you identify the legal father of the child. Paternity gives rights and benefits to the mother, the father and the child.
Some of the rights and benefits for the child are:
- Information on family medical history
- The child will know the identity of his or her father
- The father’s name is on the birth certificate
- Health or life insurance from either parent, if available
- Support from both parents, like child support and medical support
- Get Social Security or veteran’s benefits, military allowances and inheritances
Written by: Aaron Thomas; Article posted on: Divorcenet.com
When a custody dispute involves very young children, either the parents or a court will decide where they live. As children get older, however, they may prefer to live with one parent or the other.
Overview of Custody Decisions in Florida. When separating parents can’t agree how to split parenting responsibilities and visitation time, the judge makes the decision for them. After hearing evidence from both parents, the court will develop a parenting plan, including a time-sharing schedule, based on what is in the child’s best interest.
Article posted on: marriage.com
Child support is the duty you have to support a biological child, whether you are married to the other parent or not. Each state follows a specific set of guidelines for calculating child support.
These guidelines vary a great deal from state to state but typically rely on factors similar to those used to determine spousal support and child custody, such as:
- Each parent’s net income;
- The time the children spend with each parent;
- The number, ages, and needs of the children—including health insurance, education, day care, and special needs;
- The family’s pre-divorce standard of living; and
- Hardship factors that affect a parent’s ability to pay support.
Article Written By: Deborah Anderson Bialis
How will divorce impact your children? Fear of harming your children might have even been a reason you stayed in an unhappy marriage for longer than you wanted to. During this time, there are concrete ways to minimize negative impacts divorce might have on your kids and to make the transition more positive.
(1) Try an amicable alternative to litigation
Choosing to mediate or take a collaborative approach will decrease contentiousness and will likely make the process faster, meaning your children will be exposed to less acrimony and uncertainty.
(2) Insulate your children from the drama
Adjusting to life in two separate households can be very difficult for children. When they are with you, you can help them by focusing on having fun together and doing the activities they love, rather than dwelling on the divorce or pushing for details about their “other home.”
Written by: Karen Covy; Article provided by: huffingtonpost.com
Here are 3 common mistakes that you can avoid by having a simple divorce checklist:
- Having to Be Responsible for Debts You Forgot About (or Didn’t Know Existed) — There is nothing worse than finding out months (or years) after your divorce is over that you have a credit card bill in your name that was never dealt with in your divorce.
- Having Your Spouse Read Your Personal Mail — While your spouse has a right to open mail directed jointly to the two of you, as you separate you are going to start getting mail (for example, letters from your attorney) that you won’t want your spouse to read.
- Having Your Spouse Cyber-Spy On You — In the flurry of changing everything in your life when you divorce, it is easy to forget that your spouse probably knows (or can figure out) the passwords to all of your email, social media and other online accounts.
Written by: Maryalene LaPonsie; Article posted on: money.us.news.com
- Easier budgeting and greater control over money. The end of a marriage can mean the end of fights over money. There is no more struggle over which categories get priority in the budget; no more evenings spent cajoling or pleading with a spouse to rein in spending.
- Early access to a retirement fund, penalty-free. A divorce is one of the few times a person can pull money out of a retirement account early and not pay an early withdrawal penalty. When an agreement known as a qualified domestic relations order is reached as part of a divorce, it allows for an early withdrawal from the account.
- Potentially better investment returns. Divorce could mean better investment returns.
If you’re getting divorced, you’re probably worried about your child or children. So you’ll be heartened to know that the research shows that kids can cope with a divorce and come out ok.
Unfortunately, though, they sometimes don’t. In fact, many children whose parents make the decision to divorce are emotionally wounded in a way that lingers throughout their lives.
Click the link below for tips on how you can protect your child during divorce.
Social media has become irrevocably tied to modern lifestyle, and most people currently considering or dealing with divorce have at least one active social network account. While there’s nothing wrong with remaining active on Facebook, Twitter, Instagram or other platforms during and following your divorce, if you’re hoping for an easy divorce process, take time to consider a few things related to your online profiles.
Click the link below for tips on approaching social media Before, During and After Divorce.
If you’re going through a divorce, taxes may be the last thing on your mind. So, here are some tips for you on which filing status to choose after the divorce, who can claim the exemptions for the kids, and how payments to an ex-spouse are treated for tax purposes.
Couples who are splitting up but not yet divorced before the end of the year have the option of filing a joint return. The alternative is to file as married filing separately. It’s the year when your divorce decree becomes final that you lose the joint return option. In other words, your marital status as of December 31 of each year controls your filing status for that entire year.
Click the link below for more information on Exemptions for Dependents, Medical Expenses, Payments to an Ex-Spouse, Asset Transfers, etc.
Article provided by: stateless.findlaw.com
What is stalking? Stalking is characterized as a pattern of malicious and willful behavior that occurs over a period of time — and more than once. While we often associate stalking with someone lurking in the bushes outside someone’s house, stalking can also refer to various other forms of harassment, such as: repeatedly calling someone’s home or place of business, vandalizing personal property, or even leaving someone unwanted written notes or gifts.
Article provided by: divorcenet.com, “Alimony in Florida: Introduction to alimony and the basics in Florida.”
The purpose of alimony is to provide financial assistance to the economically weaker spouse. In order to be entitled to alimony, there has to be a legal marriage, as Florida does not recognize common law marriage; there has to be a need for assistance on the part of the requesting spouse; and the other spouse has to have an ability to pay the alimony. This is typically referred to as “need and ability to pay.”
Unlike child support, there is no mathematical formula to calculate alimony. The amount and type of alimony is determined by your individual situation, is fact sensitive, and often depends on the judge hearing your case – one judge’s order may drastically differ from another judge’s order.
Article provided by: divorcesource.com
A prenuptial agreement, antenuptial agreement, or premarital agreement, (commonly abbreviated to prenup) is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement of partners intending to marry. The content of a prenuptial agreement varies, but commonly includes provisions for division of property and spousal support in the event of divorce.
- The prenuptial agreement protects one spouse from the other’s debts. Without a prenup, creditors can go after the marital property even though only one spouse is the debtor. To avoid this, spouses limit debt liability in a prenuptial agreement.
- The prenuptial agreement protects children from previous relationships, and keeps family property in the family. A family heirloom, family business, even a future inheritance, or other piece of property can be kept within a birth family in a well-crafted prenup.
Written by: Aaron Thomas
After parents divorce, one parent may want to move to another location. But what are the rules for moving when a child is involved? What Constitutes a Relocation?
Florida law defines a relocation as a parent moving 50 miles or more from the current residence, for at least 60 days. A relocation is not a temporary change for the purposes of vacation, education, or providing the child with medical care. In Florida, parents may come to an agreement regarding a relocation by signing a written agreement that spells out the terms of the move and new custody arrangements.
Article provided by: divorcesource.com
The Military Retirement System provides benefits to members of the uniformed forces. When a Retired Pay Court Order is drafted, monthly benefits will commence to the Alternate Payee when the Member retires, and will continue for the lifetime of the Member. If the Alternate Payee is entitled to a Survivor Benefit Plan Annuity (SBP), such monthly annuity shall commence upon the Member’s death, and continue for the lifetime of the Alternate Payee.
Some Key Facts to Remember:
To draft an order to effectuate a division of a benefit for purposes of equitable distribution, the parties must have been married for 10 years while the member was in active duty. If they have not been married for 10 years of active duty service, the order must be structured to effectuate support payments.
Article provided by: divorcesource.com
1. Unless I have “custody”, I will only see my child on the weekend: Regardless of whether there is a primary residence for children, the parties, except under extraordinary circumstances, enjoy shared parental responsibility of their children. This means that both share equally not only in decisions affecting their children, but in their childrens’ lives.
2. Scorched Earth a/k/a I want everything: This happens in many cases where a spouse feels severely wronged by the actions of the other and thinks that he/she will receive the house, children, etc., while the other spouse will be awarded nothing.. This is not the case as Florida is a no fault divorce state.
3. The wife always keeps the house: If the home is the only significant asset, allowing one spouse to keep it is an unlikely outcome. Also, in situations where it is not financially possible for either spouse to maintain the home, the judge will likely order the home to be sold.
Article provided by: HuffingtonPost.com
1. Create New Traditions: “Every Christmas my girls and I selected the day we would celebrate Christmas. We planned new traditions together while they kept the Christmas Day routine at their dad’s.” – Claire N. Barnes.
2. Keep the Family Intact: “Forget the holiday hype and the pressure to create the “perfect” holiday — whether with decorations, gifts or gatherings — and find more meaningful ways to be together as a family while remaining true to the spirit of the holiday.” – Vicki Larson.
3. Be Flexible: “If you don’t have the kids on Thanksgiving or Christmas days themselves, celebrate on another day. Do it up! Flexibility is the key to successful co-parenting.” – Micki McWade.
Written by: Margaret Wadsworth
Each state has its own laws governing divorce, child support, and alimony. But there are also federal laws governing the distribution of veterans benefits, and state family law courts are required to adhere to these laws. Federal law provides certain protections for veterans benefits. Under the Uniformed Services Former Spouses’ Protection Act, VA disability payments are exempt from being treated as marital property and cannot be divided as part of a divorce.
If you fail to make alimony (spousal support) and child support benefits, the state can sometimes order your VA benefits to be garnished. Typically between 20% and 50% of your benefits can be garnished.
by: Laurie Futterman, www.miamiherald.com
A child learns to be responsible or entitled according to what he or she is rewarded for. To teach responsibility, reward for accomplished behavior. To teach entitlement, reward for something other than accomplished behavior. Divorce also begets entitlement, as warring parents assuage their guilt and vie for their child’s love with material goods.
How do parents create responsible children who learn that their behavior determines their life and that continuous responsible behavior brings positive rewards and freedom? They allow natural consequences to occur as the result of a child being irresponsible. They provide rewards only after repeated consistent behavior rather than after one good deed.
Written by Carrie Johnson, npr.org.
The U.S. Supreme Court ruled today in a 6-2 vote that domestic abusers convicted of misdemeanors can be barred from owning firearms. The majority opinion, written by Justice Elena Kagan, concludes that misdemeanor assault convictions for domestic violence are sufficient to invoke a federal ban on firearms possession.