Tuesday, April 19, 2016

Florida laws are enforcing child support payments.

Modifications of the original support order can be requested when financial circumstances change.
Florida laws are very stringent when it comes to enforcing child support payments. Non-payment or delinquency may result in contempt fines, the suspension of driver’s license or a county jail sentence. If you have been bound to a child support agreement that you cannot afford or have had a change in your financial situation, a low cost child support attorney can petition for a child support modification order, before the situation gets out of control.

For parents who have fallen behind in their child support payments or are at risk of being ordered to pay retroactive child support shortly after paternity has been established for a child, a Florida child support attorney can help negotiate a settlement. If left to chance, a child support arrears order can date back to day the child was born, regardless of their age at the time the order is given. This could result in up to 18 years of child support arrears. These types of settlements can often be reduced to a lower amount by utilizing the strong negotiating skills of Justin P. Schafer.

The Florida Child Support Guidelines govern the amount of child support paid, basing child support payments primarily on the net income of both parents, and the amount of time each parent spends with the child(ren). The cost of daycare, health insurance and un-reimbursed medical expenses are also factored into the Guideline amounts. However, a departure from the Guidelines is possible if there are significant travel costs for visitation, or by agreement between the parties.

Proudly serving Winter Springs & all of Central Florida

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Tuesday, April 5, 2016

Alimony

Under Florida law, an individual may be able to obtain support from their ex-spouse following their divorce. This is known as alimony or spousal support. The amount and duration of time that this support is provided depends on a number of different factors. These factors can range anywhere from the financial standing of the dependent spouse to the salary of the supportive spouse.

An alimony agreement can be reached by spouses prior to divorce, however, if they cannot reach mutual terms, a judge will have to decide on alimony. The family law court will take several factors into consideration when trying to determine the appropriate alimony agreement.
For example, the judge may review the following:
-How long the couple was married
-The contribution each spouse made to their marriage
-Each spouse’s role in the marriage
-The available financial resources for each spouse
-The physical, emotional, and mental health of each spouse
-The standard of living provided during marriage
While the court has the power to craft an alimony agreement they think is best for the situation, having a skilled divorce lawyer on your side can help ensure your rights and best interests are protected.

Florida allows for several different types of alimony to be awarded in a divorce. Our legal team at Givens Givens Sparks has a firm grasp on all types of spousal support available to our clients. When you come to us, we can assess your situation and help you understand the alimony options available to you. Our goal is to guide you through the alimony agreement in a smooth manner, whether you case must go to trial or not. We also ensure you are given the appropriate type of alimony.

The following are the types of alimony that can be ordered in a divorce:
-Permanent Period Alimony – Often paid on a monthly basis, this type of alimony helps one individual maintain their standard of living enjoyed during this marriage. This is typically ordered when a longer marriage comes to an end.
-Rehabilitative Alimony – Awarded when one individual had to sacrifice their career or professional standing due to their marriage. It allows them a window of time to regain their footing.
-Transitional Alimony – This can be a one-time payment or last several months as an ex-spouse adjusts to their new living status.
-Durational Alimony – After a shorter marriage, this type of alimony may be awarded for a set period of time to help the dependent spouse adjust and get back on their feet.
-Lump Sum Alimony – If a spouse prefers a one-time payment, a lump sum may be awarded (often done through a distribution of assets).
-Temporary Alimony – During the divorce, one spouse may be awarded temporary alimony to help them get through the financial strain of the divorce. Permanent alimony may still be awarded.

Proudly serving Winter Springs & all of Central Florida
 | (407) 790-4858 | twitter.com/JustinSchaferPA | justinschaferpa.tumblr.com | plus.google.com/117429461800797568866/posts