FLORIDA FAMILY LAW ATTORNEY
We often receive phone calls from clients asking a variety of questions. The following questions and answers demonstrate some common concerns of clients who are involved in family cases. If you would like to request further information about any of the topics below, please call the Law Offices of Alyssa D. Honickman at 954-761-2522.
This list was written and approved by Alyssa D. Honickman, Esq. The following is for informational purposes only.
This answer depends on how many issues your case involves. If you have minor children and are unable to amicably resolve the issues involving the children including time sharing, parental responsibility, and child support, then your case will typically take longer to resolve than a case without minor children. However, cases can be presented as uncontested or contested. If your case is contested and you are unable to resolve the issues on your own, then you will be required to attend mediation. There is no magical number of how long it will take for your case to resolve. Each case has its own unique facts and you never want an attorney to rush through the process. This is a time in your life to be patient and careful in your decision-making.
If you plan to hire the Law Offices of Alyssa D. Honickman, we will provide a list of all the documents you will be required to present to the other side. Here is a list of some documents to get you started on the right track: last three years of tax returns, last three months of bank statements, including checking and savings accounts, last year of any statements showing your liabilities including credit cards and other debts, last three months of pay stubs, last three years of statements from your retirement account, stock accounts, or profit sharing accounts. You will also need to file a financial affidavit. It will be helpful to make a list of your monthly expenses.
The client hiring the attorney must pay the attorney’s fees up front. However, the spouse or party that makes a significantly higher income may be required by the court to pay the other spouse’s attorney’s fees. However, if you plan to hire an attorney to represent you in your family case, then you need to be prepared to pay your own fees at the beginning of the case. An award of attorney’s fees can be made for temporary fees or permanent fees at the closure of your case. The court will consider the amount of fees your attorney has charged, the difficulty of the issues involved in your case, the reasonableness of the fees charged by the attorney, and each party’s conduct in proceeding forward on the case. Any award of attorney’s fees is no guarantee on any case.
Many people assume that the court will divide all assets and liabilities equally between the parties. This is a myth in family law cases. There is no statute that requires the court to split assets and liabilities equally. The court is required to conduct an equitable distribution between the parties. But this is no way means “equal.” The court will consider when the liability was incurred and what each party contributed to the liability. The same goes for assets. The court will look at when the asset was obtained and what each party contributed to create this asset. The court will consider each asset and each liability and conduct an individual analysis before calculating equitable distribution.
Effective as of July 1, 2023, Florida Statute provides that, “Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence, that equal time-sharing is not in the best interests of the minor child. Except when a time-sharing schedule is agreed to by the parties and approved by the court, the court must evaluate all of the factors set forth in subsection (3) and make specific written findings of fact when creating or modifying a time-sharing schedule.” In other words, the Court will evaluate each case beginning with the presumption that the parties will have equal timesharing with the child(ren), unless there are findings to show that it is not in the best interests of the child(ren). There are many factors in a given case that would dictate one parent having majority time with the children. For example, depending on the distance between the parents’ homes, it is often difficult for the children to spend overnights during the weekdays with both parents. Please call our office to schedule a consultation to discuss the unique facts of your case.
As of July 1, 2023, SB 130, also known as “Greyson’s Law,” resulted in new statutory language) that expands the factors that the Court must consider when determining whether shared parental responsibility would be detrimental to a child. The expansion includes evidence that a parent has or has had reasonable cause to believe that he or she or his or her minor children are in imminent danger of becoming victims of an act of domestic violence.
In determining detriment to the child, the court shall consider:
a. Evidence of domestic violence, as defined in s. 741.28;
b. Whether either parent has or has had a reasonable cause to believe that he or she or his or her minor child or children are or have been in imminent danger of becoming victims of an act of domestic violence as defined by 741.28 or sexual violence as defined in s. 784.046(1)(c) 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.
c. Whether either parent has or has had 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 s. 39.01(2), abandoned as defined in s. 39.01(1), or neglect as defined in s. 39.01(50) 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
d. Any other relevant factors.
Child support is a legal duty both parents are responsible for. The child support is not for the personal use of the receiving parent. It is the child(ren)’s money and is to be used for their purposes only.
The amount of child support that the one parent pays to the other parent is determined by the Florida Child Support Guidelines. There is a formula that is used to calculate the amount of child support to be paid by the payor spouse. The child(ren) have the right to be supported by both parents. It is important that the proper numbers are utilized so that the correct child support amount is calculated.
Often times parents attempt to calculate child support on their own. There are apps on the internet that allow for the calculation without taking into account the legal requirements of child support. Please do not use online apps to calculate child support. It is important that you contact a licensed Florida Attorney to calculate child support based on the current law.
When calculating the proper child support amount there are a number of factors to consider that affect the child support actually ordered by the court. Some of those issues are: the amount of overnights that each parent has with the child(ren); the financial needs of the child(ren) such as day care expenses, medical/dental insurance, uninsured medical payments, and the net income of both parents.
One of the main issues to consider regarding child support is the amount of overnights that each parent keeps the children. If one parent exercises 20% or more of the overnights each year, then that parent will receive a credit on the child support guidelines toward the final child support amount owed.
The issues of child support and child visitation (time sharing) are two separate and distinct matters. If a parent is not paying his/her child support as ordered, this is not a legal reason to suspend or end time sharing with the payor spouse. Often parties believe that if they do not receive child support, then that parent has the right to stop all time sharing. The proper action to take in this case is to contact a family law attorney skilled in the rules of family law and procedure and file a Motion for Contempt of Court for violating the child support order. The Court will immediately take into consideration the time-sharing agreement and the order in place at the time the payor spouse stops paying the child support. An affidavit can be issued from the clerk of the court showing the exact amount of child support arrears accumulated by the payor spouse.
If you lived in the home during the marriage and have no other place to live or have no financial ability to obtain a place to live during the pendency of the case, the court has the authority to enter an order giving you temporary exclusive use and possession of the marital home. This order can be awarded on a temporary or permanent basis. A motion must be filed requesting temporary support.
This type of support is called alimony. Evidence must be presented to show you have a need for the support and the other spouse has the ability to pay. Both factors must be proven before the court will award support. Support can be awarded on a temporary or permanent basis based on the length of the marriage, and the lifestyle maintained by the parties during the marriage. Alimony is awarded separate and apart from child support.
The statute on relocation requires advance notice of your intent to move and must be provided to both parents. You must follow the statute and file a petition to relocate with the children providing reasons that are in the best interest of the children for you to move with them, and a parenting plan with the time sharing schedule you intend to follow. The other party must respond to the petition within 20 days of being served. If the other party does not respond within the time frame, you can move forward on a motion for default and ask the court to grant your relocation petition and adopt the parenting plan within the petition. You can also request a temporary relocation hearing to allow you to move pending the determination of the case. This is often a difficult process for parents to understand. The relocation statute must be strictly followed or the parent will be denied the right to relocate with the children.
Please consult an attorney prior to filing a petition to relocate. You will need a skilled, professional attorney to prepare this type of pleading on your behalf. At the Law Offices of Alyssa D. Honickman, we have successfully litigated relocation petitions and received orders allowing our clients to relocate with their children. On the other hand, we have also defended petitions and legally argued that the relocation did not meet the best interest of the child standard.
Please contact the law offices of Alyssa D. Honickman to obtain additional information about your case.
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