If you’ve made the decision to seek a divorce, you probably have plenty of questions. One that our Florida divorce clients often ask us is whether there are legal consequences to moving out of their marital home before their divorce is finalized. Once one partner files for a divorce, it is common for at least one partner to want to leave the marital home to mitigate further conflict or for their emotional or mental health. However, leaving the marital home is a decision that should be undertaken only after you have carefully considered its potential implications upon your divorce.Read More
If you are interested in seeking or are currently seeking a divorce, you have probably fantasized about your post-divorce life. You likely have a vision for your home, things you will do with your children, and things you will do to improve your quality of life. While most people seeking a divorce have an idea of what their new life will look like, they usually have no idea what their life looks like while they are waiting for their divorce to be finalized? Who gets the house? Who has custody of the children? Read on to learn more about these and other important questions.Read More
Divorce is emotionally, mentally, financially, and sometimes physically difficult. No one gets a divorce because their marriage has gone the way they expected it to, and it can be hard to see your divorce as anything but a failure. However, there are plenty of reasons you should reframe the way you think about your divorce! Read on to learn why a divorce is anything but a failure.Read More
One aspect of divorce many couples do not give much thought to is what happens to their estates after the divorce. Once a divorce is complete, many people suddenly realize their spouse is provided for in their will, or begin to worry about whether their ex will receive any assets from their estate after they pass. An experienced Florida divorce attorney can help you prevent these problems in the first place! Read on to learn more about how Florida handles this situation, as well has how the knowledgeable family law attorneys at Blair H. Chan, III, PLLC can help you prevent this problem from happening in the first place.Read More
For many of us, pets are more than just cute animals, and are rather part of the family. They bring so much into our lives and many of us truly couldn’t imagine life without them. That is exactly what pet owners going through a divorce have to do, however, and the thought of never seeing your beloved pet again, let alone them living with someone who may have caused you significant emotional pain, can be an especially difficult one. When a couple with pets gets a divorce, who gets custody of the pets can be an extremely difficult conversation. Read on to learn more about custody of pets.Read More
Determining custody of a child in a divorce is usually one of the most emotionally fraught parts of a divorce. Unfortunately, it is also a necessary part of a divorce, as it is important the child’s best interests be upheld and the best living arrangement possible for them to be provided. If you are going through a divorce and you have children, it is important you understand what goes into child custody decisions.Read More
Divorces can be complicated, especially when children are involved. While determining the amount and type of child support can be one of the most difficult conversations you will have during the divorce process, it is a necessary one. Going into this conversation with an understanding of what child support is and how it works can save you, your spouse, and your children time and legal trouble.
Is Child Support Required?
Florida law obligates parents to support their children, holding that a child has a legal right to a parent’s financial support. This means that, when parents divorce, providing child support is mandatory. Because the right to be supported is the child’s, neither the custodial nor noncustodial parent can waive this obligation. When parents do not follow the law and do not pay child support, the Florida Department of Revenue will step in to provide the noncontributing parent with late notices and will send income tax withholding notices to employers or other sources of income to ensure that the child support is accounted for. In extreme circumstances where these enforcement mechanisms have no effect upon the noncontributing spouse, a driver’s license suspension may be implemented upon the nonpaying spouse.
How Is the Amount of Child Support Determined?
Courts take a variety of factors into consideration when determining how much child support is required. Generally, courts first look at how much income the contributing spouse is earning, and make adjustments for child care expenses, health insurance expenses, and how many overnights a child spends with either parent. Courts may also consider factors like standard of living when calculating this amount.
What Does Child Support Pay For?
Child support generally provides for a child’s basic needs. This includes food, shelter, and clothing, and also includes education and sports activities the child is involved with. It can also cover the child’s travel and even their “just-for-fun” expenses. Child support also covers health insurance for the child.
What Should Spouses Be Prepared to Provide When Determining Child Support?
Spouses should be prepared to completely divulge all of their financial assets and information. This includes tax returns, paychecks, and financial records detailing trusts and other income. While most people consider this to be highly personal information, it is necessary that both parties provide an honest accounting of their financial means. Otherwise, the court is within its rights to make its own determination of how much money a supporting spouse needs to pay. Courts will look at the supporting spouse’s work history to estimate how much support the spouse will pay.
What Do I Do if My Spouse Refuses to Pay Child Support?
If your spouse refuses to pay child support, your first step should be contacting an experienced family law attorney. Your child has a right to be supported by their parent, and this right does not terminate because of a divorce. The attorneys at Blair H. Chan III, PLLC, have experience securing child support payments from nonpaying spouses, and are ready to fight for you and your family. Missing child support can have a significant impact upon you and your children, so do not let this problem go unchecked. Contact the experienced attorneys at Blair H. Chan III, PLLC, today.
Divorce is a difficult enough process on its own, as separating spouses find themselves dealing with feelings of failure, anger, and sadness. Unfortunately, it is all too common for one divorcing spouse to take their feelings out on the other spouse, and this can make an already tough situation even harder. What can you do when your soon-to-be-ex makes your divorce hostile or as hard for you as possible?Read More
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