Frequently Asked Questions About Family Law
Click on a question to read the answer to the frequently asked question.CHILD SUPPORT QUESTIONS:
How is child support calculated in Florida?
There is a fairly complex formula for calculating child support in Florida law, which is known as the Child Support Guidelines, or the "Guidelines". The total support need for the children is calculated from a formula based on the combined net income of both parents and the number of children. Each parent bears a pro-rata responsibility for providing the support amount for the children.
Can the Courts deviate from the Child Support Guidelines?
Courts have the discretion to deviate upward or downward 5%. A greater deviation is possible but not typical.
What if the children spend a lot of time with the paying parent?
When the the children stay with the paying parent more than 40% of the time the Guidelines provide for a significant reduction in the support amount.
Do I get credit for support paid for children by a previous relationship?
If a parent paying child support paying court ordered support for a child from a previous relationship, the Guidelines call for a reduction in current support calculation. Note, the support must be court ordered to qualify as a deduction from current support.
What affect do subsequent children have on child support?
If a parent paying child support has another child by another mother, the amount necessary to support the subsequent child may be justification for the Court to reduce child support.
How are health insurance and day care addressed by the Guidelines?
The Guidelines factor in which parent is paying for these expenses in computing the final support amount.
Should I trust online child support estimation programs?
There are many online programs that claim to correctly calculate child support.
The better idea is to set a free consultation with an attorney at Byrd & Barnhill so that a trained professional can analyze your case.
The better idea is to set a free consultation with an attorney at Byrd & Barnhill so that a trained professional can analyze your case.
What about parents who are paid 'under the table' or who are unemployed?
Courts can "impute" income to a parent who is hiding his or her income or who is not earning up to his or her full earning capacity. Of course, it is always a challenge to prove 'under the table' income or the fact that a parent is able to earn more.
Where do I go for more answers?
The attorneys at Byrd & Barnhill are ready to answer your questions with a free in person consultation. Just contact us for an appointment.
DIVORCE QUESTIONS:
What do I have to show in order to obtain a divorce in Florida?
First, you must have been a resident of Florida for more than six months immediately prior to filing for a divorce in Florida. Second, since Florida is a no-fault state the only question is whether the marriage is irretrievably broken. So, basically if one party wants out of the relationship the other party cannot prevent it.
Is a lawyer required to obtain a divorce?
No, but as with all important legal decisions, it is always better to have a trained and experienced divorce professional at your side during the stressful time of a marital separation and dissolution.
What if my divorce is uncontested?
In a divorce the Court has to resolve multiple legal issues, such as division of property and debts, parenting plan and time sharing for minor children, and entitlement to alimony. If the parties can reach a complete agreement as to how each of these issues is handled, then the case is considered to be "uncontested" and the parties agreement is reduced to writing in a marital settlement agreement.
What if my spouse and I cannot agree on the terms of a divorce?
If you cannot agree on how to resolve all of the issues, then the case is 'contested' and must be resolved by the judge. This means that one of the parties will have to take the step to file a petition for dissolution and have the other party served with a summons to court where the issues will be resolved by the judge. This does not mean that the case cannot be amicably settled during the contested divorce proceedings as the attorneys for the parties will continue to negotiate for an amicable settlement and the Court will require the parties to attend mediation in order to attempt a settlement.
How long does divorce take?
Every contested case is different. If the case is uncontested the case can usually be finalized within 60 days after the marital settlement agreement is signed by both parties, if not sooner.
What are the court costs for filing a divorce?
Court costs in Hillsborough County are about $425 for the filing fee. If the other spouse has to be served with process the fee for having a process server or deputy sheriff serve the papers is usually another $50. So, the costs are about $500 for filing for a divorce.
How much are attorney's fees for a divorce?
Lawyers are professionals who charge for the time they spend helping their clients. Obviously, an uncontested case takes less time than a contested case. Thus, lawyers are usually able to quote a 'flat fee' for an uncontested case because the amount of time to complete an uncontested case can be predicted by the attorney. Contested cases are a different story altogether because there is no real way to predict how much time an attorney will have to spend on the case. Therefore, most attorneys required a retainer fee up front to become engaged in a contested divorce and bill by the hour against the retainer fee. When and if the retainer fee is exhausted a replenishing retainer fee is required to continue the litigation.
Can the judge make me pay for my spouse's attorney's fees?
The Court can require that a spouse with substantially more income than the other spouse pay for the attorney for the needy spouse. This is done to make sure that both parties have equal access to competent legal advise during the divorce case.
What is a temporary hearing?
In a contested divorce case the Court will allow either party to set a temporary hearing wherein the Court will make a temporary order regarding payment of bills during the litigation, a temporary parenting plan and time sharing, temporary alimony, temporary exclusive use of the marital residence, and any other orders that are necessary to preserve the status quo during the case. The temporary order are just that - temporary. At the conclusion of the case the judge will enter a final judgment which may or may not resemble the temporary order.
MODIFICATION QUESTIONS:
Can I change my Final Judgment?
If there has been a substantial change in the circumstances existing at the time the last final order was entered, the Court can modify an existing court order or judgment.
Is an increase in the other parents income a substantial change in circumstances?
Yes, typically. Child support and alimony are based upon the need of the receiving party and the financial ability of the paying party. So, a substantial increase in pay will generally be enough for a modification of support.
Can a time sharing plan be modified?
If there has been a substantial change in the circumstances and it is in the best interest of the children, the Court will adjust the time sharing schedule.
ALIMONY QUESTIONS:
What is alimony?
Alimony is support for adults. There are different forms of alimony, such as permanent periodic alimony, rehabilitative alimony, lump sum alimony, etc.
What is Permanent Alimony?
Permanent alimony is paid monthly or some other interval until terminated by certain conditions, such as death, remarriage of either party. It is based upon the need of the receiving spouse and financial ability of the paying spouse. It is typically awarded in long-term marriages of over ten years duration.
What is Rehabilitative Alimony?
Rehabilitative alimony is of a set duration that is intended to allow the receiving spouse to become self-supporting. It is usually awarded to enable the receiving spouse to attend school in order to acquire or refresh skills for employment.
What is lump sum alimony?
As the name implies, lump sum alimony is a fixed amount that may be paid in one or more installments.
How do I know if I am entitled to receive or will be required to pay alimony?
First, contact an attorney at Byrd & Barnhill for a free consultation and case evaluation. Alimony is a complex area of the law and you should not try to negotiate an alimony issue without the aid of a seasoned alimony attorney.
PATERNITY QUESTIONS:
What is Paternity?
The parent of a child born to parties who are not married can be established by the Court through an action known as a petition to establish paternity. Either the mother or the man who believes that he is the father of the child can file the petition. The case is treated very similarly to a petition for dissolution of marriage, except that only issues regarding the children are addressed by the Court.
Are the other ways to establish paternity?
Yes. Florida law provides that placing the father's name on the birth certificate through the proper execution of a Florida birth certificate establishes paternity. There are other ways to establish paternity provided by Florida law.
Can the Court order a paternity test?
Yes. Either parent can ask for a genetic test to establish paternity.
DOMESTIC VIOLENCE QUESTIONS:
What protections against domestic violence are available in Florida?
Florida law provides that a victim of domestic violence can apple for an injunction against a person who commits or threatens to commit domestic violence. Acts of domestic violence include stalking, assault, battery, false imprisonment, sexual assault, sexual battery and similar acts of violence.
What do I do in case of domestic violence?
First, call law enforcement immediately. Law enforcement officers are trained to deal with domestic violence situations. They will advise you of your rights as a victim. There are also shelters available in the Tampa Bay area where victims can go for temporary protection.
How do I obtain a domestic violence injunction?
The Clerk of the Court will help you file a petition for an injunction against future domestic violence. Typically, the Court will issue a temporary injunction that sets a court date for the Court to hear from all parties regarding whether the Court will enter a long term injunction against the abuser.
Conveniently located just two blocks from the Plant City Courthouse
Byrd & Barnhill, P.L., 206 North Collins Street, Plant City, Florida 33563
Telephone (813) 759-1224 Fax (813) 759-1101
Email: johnnie@byrd-law.com
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