www.deboradiazlaw.com   How to Change My Name in Florida After Divorce

Going through a divorce is always a tough thing to handle, and it is probably one of the most stressful events you will ever go through in your life. Even after the divorce is finalized, you still have to deal with restoring your maiden name if you desire, and the process can be tedious. Here are a few steps to take to change your name and make the process a bit easier:

1. Name Change Order

If you decide to legally change your name in the state of Florida, make sure you request that your name be restored in your Petition for Dissolution of Marriage. Even if it was not requested in the initial pleadings the Petition may be able to be amended to request the restoration of your former name.  At the Final Hearing, the court will ask some statutory questions to ensure that the request for the name change is not for an illegal purpose.  Once the name change is granted your restored name will be in your Final Judgment (Order).  The Final Judgment serves as proof of identification and proof of age to be able to change and use your restored name. You will need several certified copies of the Final Judgment to provide government entities, banks, and other institutions.

2. Social Security Card

Changing your name with the Social Security Administration is one of the most important steps of this process. Make sure to take a certified copy of the Name Change Order you were given from the court. After this, you only have to wait for your new Social Security Card to arrive in the mail. Once you receive it, you can continue with your name change process.

3.Other Documents

You will have to let other institutions and agencies know of your name change. Every institution will have its own procedure to follow. To name a few:

Driver’s License – One of the most important documents to acquire is your driver’s license. You will have to physically go to the Tax Collector’s Office and bring proper identification to get everything done.

Voter Registration Card – Make sure you can vote when needed by changing your voter registration. To update the name on your existing voter registration, you will have to submit a certified copy of the Court Order.

Insurance – Make sure to notify all of your insurance companies (life, auto, home, health, dental, etc.). For some, you can start the process over the phone or online, and you will need a copy of the Court Order.

Your Employer – You will have to provide a copy of the Court Order to your employer so they can make the necessary changes to your logins, email, paychecks, and other information with your name.

Financial Institutions – Don’t forget that you need to inform your financial institutions ( bank, credit card company, IRA, and 401k) of your name change, so call, contact them online, or go complete this process in person.

Housing – If you rent, you will have to notify your landlord, and if you own your place, you will have to update your mortgage information. A copy of the Court Order may be necessary, so have it with you.

Service Providers – This can be a long list of people to inform of your name change and may include doctors, dentists, pharmacists, veterinarians, utilities, magazines, and more.

If you would like to discuss the specifics of your divorce or paternity case or need help with changing your name, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.  Attorney Diaz practices exclusively in divorce and family law in Florida.

www.deboradiazlaw.com
Florida Frequently Asked Questions

Frequently Asked Questions About Florida Divorce

Divorce can be a sensitive issue for anyone, especially those who are going through it.

As Florida’s divorce rates increase, many families, unfortunately, have to deal with the gruesome reality of separation and dividing the family unit.

If you are preparing for this process, you probably have several questions you would like to have answered – answers that can help you understand the problems you are about to face and how to deal with them.

1. What steps should I have to take before getting a divorce?

When you decide to get a divorce, you should keep in mind a couple of issues. First, you must determine if you meet all the legal requirements to go through the process. To file for divorce, one of the spouses has to be a resident of Florida for at least six months prior to the filing. Also, one or both of the spouses must believe that marriage is irretrievably broken beyond repair.

2. How do I file for divorce?

If the marriage is irreparable, you can file for a petition for dissolution of marriage, which includes your terms of the divorce. There are four types of petitions that you can file, depending on your situation:

• Petition for Simplified Dissolution of Marriage
• Petition for Dissolution of Marriage with a Dependent or Minor Child
• Petition for Dissolution of Marriage with Property but No Dependent
• Petition for Dissolution of Marriage with No Property or Dependent

The other spouse has to be personally served with the Petition for Dissolution of Marriage and will have to respond within 20 days. Both spouses also may have to provide several financial documents referred to as mandatory disclosure and a financial affidavit. If the spouses cannot agree upon the division of their assets, they will have to first go to mediation.  If parties still do not reach an agreement then a trial will be scheduled.

3. How long will my divorce take?

Even though every couple has to follow Florida’s state laws pertaining to dissolution, the amount of time that any specific divorce will take depends entirely on that couple and the type of divorce they are filing. The quickest and easiest process is an uncontested divorce.

4. How is property divided?

In Florida, all assets and debts are divided by ‘equitable distribution,‘ meaning fair division and usually a 50/50 split. Spouses are free to agree on how to divide their property themselves, or if they cannot come to an agreement, the court will have to make a decision for them. Some assets or property can be considered non-marital and will not be divided because it belongs only to one spouse.

5. How is child support determined?

Once the time-sharing is determined, child support is calculated. To determine the amount of child support, the court will look at several factors, including the income of both parents, time-sharing with each parent, and what is best for the child.

6. How can I change my name?

You can request for your name to be changed back to what it was before the marriage in your petition or counter-petition for the dissolution of marriage. The judge will order this change in the Final Judgment of Dissolution of Marriage.

If you would like to discuss the specifics of your divorce or paternity case or need help with understanding custody and time-sharing, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.  Attorney Diaz practices exclusively in divorce and family law in Florida.

Written by Debora A. Diaz, Esq.

Per Florida Statute the court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.

It is the public policy of Florida that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.  Contrary to what some parties believe, there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.

Florida custody laws and courts always hold the best interests of the children involved before their parents’ interests. Aside from the custody laws determined by the state, this is the most significant factor in deciding who will get the custody, and what type of custody will that be.

Time-Sharing

Time-sharing refers to a parent’s time with the child. When a judge determines a time-sharing child custody schedule in Florida, the court establishes the parents’ visitation and custody schedule with the child.  Parents can have 50/50 time-sharing in Florida if it is determined to be in the child’s best interest. There are many other ratios of time-sharing. The amount of time-sharing is outlined in the parties’ Parenting Plan.

In other states, this schedule might be called “joint custody”. Alternatively, a judge may award one parent far more time sharing than the other – sometimes called “sole custody” or “majority time-sharing”. Parents may lose time sharing or visitation rights if there’s evidence of domestic violence, child abuse, abandonment, or neglect.  It is also possible for a judge to order supervised time-sharing if a child’s safety is at issue.

Types of Custody

Custody refers to the decision-making for the child.

Shared Parental Responsibility

Shared Parental responsibility is each parent’s right to make major medical, educational, religious, or legal decisions on the child’s behalf.  Florida custody laws favor shared parental responsibility.

Shared Parental Responsibility with the ultimate decision- making authority awarded to one parent

In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility for specific aspects of the child’s welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include education, health care, and any other responsibilities that the court finds unique to a particular family. If the parents have a pattern of discord over the child the court may award one parent ultimate decision making authority over one of these decisions or all of them.

Sole Parental responsibility

The court shall order sole parental responsibility for a minor child to one parent, with or without time-sharing with the other parent if it is in the best interests of the minor child.

Consider Hiring an Attorney

While representing yourself is always an option, custody, and time-sharing are important issues. Family law in Florida can be complicated, and a competent attorney can help guide you through the process while protecting your rights.

If you would like to discuss the specifics of your divorce or paternity case or need help with understanding custody and time-sharing, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.  Attorney Diaz practices exclusively in divorce and family law in Florida.

Written by Debora A. Diaz, Esq.

Time-sharing Parenting Plans

How Can I Fight for Visitation Rights?

Child custody issues are never simple or easy, and visitation is often a primary concern of spouses going through a divorce. It is vital to know Florida’s child custody laws and get answers to common questions about parental visitation rights after a separation or a divorce.

In 2011, the Florida legislature changed the custody law to eliminate the terms ‘custody’ or ‘visitation.’  Instead, the law now acknowledges time-sharing and parental responsibility.

Time-sharing refers to a parent’s time with the child, while Parental Responsibility refers to a parent’s authority on any issue that affects the child’s health, education, activities and well-being.

The court can grant one parent majority time-sharing or both parents equal time-sharing, allowing both parents to spend the same amount of time with the children or some other combination of time. As far as parental responsibility goes, Florida courts presume that it is in the child’s best interest for parents to share responsibility unless one parent poses a risk to the child’s physical, mental, or emotional welfare or if there has been a history of domestic violence.

Establishing Visitation Rights and Parenting Plans

Before filing for visitation, it is important to understand how visitation works in the Sunshine State and what your rights are as a parent.

There is no preference either for the father or the mother of the child when determining which parent should have more time than the other. Florida law is based on the policy that the child should have frequent and continuing contact with both parents. When determining the child’s best interest, the judge will evaluate the child’s developmental needs and the parent’s capacity to meet those needs. All of the factors the court will consider are listed in Florida Statutes.

Petition

In order to establish time-sharing with the child, the parent must file a Petition to Establish Time-sharing and Shared Parental Responsibility. The petition needs to include a parenting plan, which describes how the parents will share their responsibilities.

Aside from the petition, there are other forms that the court requires you to fill out in order to establish your right to time-sharing, such as the Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.

Once you have your forms filled out, they need to be filed in the family court with jurisdiction over your case. When this is done, you must have them legally served to the other parent.

Attend a Court Hearing

The parent has to attend a court hearing on his or her petition for a judge to award the time-sharing of a child. This is an especially important step for which you need to be prepared. Make sure you have copies of everything you have filed with the court and be ready to discuss the issues or concerns that you think need to be addressed.

Consider Hiring an Attorney

While representing yourself is always an option, time-sharing is an important issue. Family law in Florida can be complicated, and a competent attorney can help guide you through the process while protecting your rights.

If you would like to discuss the specifics of your divorce case or need help with understanding time-sharing and Parenting Plans, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.  Attorney Diaz practices exclusively in divorce and family law issues in Florida.

Written by Debora A. Diaz, Esq.

How Different Is the Divorce Process In Florida?

Newlyweds often think that their love will last a lifetime. Unfortunately, as statistics show, that isn’t always true. Many unions end in divorce, which is naturally difficult on an emotional level, but it can also cause financial and legal problems.

In Florida, legal separation is called a “dissolution of marriage.” More commonly known as divorce, marriage dissolution is a legal proceeding in which a married couple legally ends their union. In the Sunshine State, there are four different types of divorce processes. But before we focus on them, here are the Florida divorce law basics.

Grounds for Divorce

Florida is a no-fault divorce state. This means that either spouse can file for divorce if the marriage is irretrievably broken. In other words, the spouse has to show that their relationship is over, and it cannot be repaired. The other prerequisite for a no-fault divorce is if one of the spouses has been mentally incapacitated for at least three years.

Residency Requirement

In order to file a dissolution of marriage, at least one spouse must reside in the state for six months prior to filing the petition. The court can enter a final judgment for divorce as soon as 20 days after the petition is filed, but usually, this is unrealistic. The parties need time to exchange financial information in a contested divorce.

Marital Assets and Dividing of Marital Property

All assets and debts amassed during the marriage will be divided equitably upon divorce. But, assets that any of the spouses had before marriage can be considered “non-marital” if they were kept separated from property obtained during the marriage.

At trial after the presentation of evidence, the judge will split assets equally, unless there is a basis for an unequal distribution. In that case, the judge will consider both parties’ economic circumstances and their contributions to the marriage.

Alimony and Custody

According to Florida divorce laws, the judge can order alimony if it is well-founded. Factors that the judge will look at are the standard of living throughout the marriage, the duration of the marriage, as well as the age and physical condition of each party.

As far as custody goes, if the parties cannot reach an agreement on child custody, the judge will make a decision based on what is in the child’s best interest. The state of Florida determines child support obligations via the Income Shares Model. This model estimates the incomes of both parents, minus allowable deductions, tax filing status, and time-sharing.

Types of Divorce Processes in Florida

The four types of divorce include:

• Simplified dissolution of marriage
• Dissolution of marriage without children or property
• Dissolution of marriage with property but no children
• Dissolution of marriage with children

Uncontested Divorce

In Florida, any of these divorce types can become uncontested. An uncontested divorce means the spouses agree on all their issues relating to separation. This type of divorce process is typically less expensive since the couple is in agreement.

Contested Divorce

If the spouses cannot agree on any of their issues related to the divorce, they can file for divorce and follow the contested divorce process. The contested approach to divorce requires that couples attend mediation before a judge hears their case. If they cannot move to the uncontested process after mediation, the couple can file their case for trial.

No matter where you live, going through a separation or divorce can be tough. There are many things to consider, and having a competent and professional attorney by your side can make all the difference in divorce proceedings.

If you would like to discuss the specifics of your divorce case or need help with understanding the stimulus check, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.  Attorney Diaz practices exclusively in divorce and family law issues in Florida.

Written by Debora A. Diaz, Esq.

The post How Different Is the Divorce Process In Florida? first appeared on Law Office of Debora A Diaz.]]> https://deboradiazlaw.com/how-will-stimulus-checks-be-divided-between-divorcing-couples/?utm_source=rss&utm_medium=rss&utm_campaign=how-will-stimulus-checks-be-divided-between-divorcing-couples Wed, 03 Jun 2020 22:36:52 +0000 https://deboradiazlaw.com/?p=954 How Will Stimulus Checks Be Divided Between Divorcing Couples? The United States Congress passed an economic relief package providing stimulus checks to many Americans. Spouses who find themselves in the... Read more »

Stimulus check and divorce

How Will Stimulus Checks Be Divided Between Divorcing Couples?

The United States Congress passed an economic relief package providing stimulus checks to many Americans. Spouses who find themselves in the middle of a divorce or who have recently divorced may not be sure about how to divide the amount, or the check may be deposited into the former spouse’s account. The payments will be based on each individual’s most recently filed tax return.

The amounts will automatically be deposited into the account linked to the most recent tax return if the person used an automatic deposit. If the divorce is still pending, you are entitled to a part of the stimulus check, but you will need to agree with your ex-spouse about the division of the amount. This especially applies if the check will be deposited into an account owned by your spouse or delivered to your formal mutual residence. Please seek professional advice from a counsel.

What if my Ex-spouse Took My Stimulus Check Money?

The IRS sends the stimulus check to the bank account that is listed on the last tax return for the head of the household, so they may not know if you filed for divorce or were recently divorced. If you think or know that a stimulus check was sent to your ex-spouse and they received a portion of the aid that you should have received, talk to an attorney about your options.

I Got My Ex-Spouse’s Stimulus Check, What Should I Do?

If you have filed for divorce or have been divorced since you last filed your tax return, and at that time, you were the head of household, you might get your ex-spouse’s share of the stimulus check. If this occurs, you need to send them their share of the amount received. Not returning another person’s stimulus check could be a violation of federal law.

Do Stimulus Checks Affect Child Support Obligations?

If the spouse owing child support is past due, the stimulus check can be intercepted and used to return the past-due balance. A different situation could be a divorce that is still pending, where the children live with one spouse, and the other spouse was the head of the household and is receiving all of the stimulus check money, including the amount that is meant for the expenses of the children. If this is the case, you need to contact a lawyer. There are different ways to address the division of stimulus checks, and finding reasonable agreement can be done by phone, email, or video chat, without going to court.

However, a parent who owes child support may not get a stimulus check if the Florida Department of Revenue has previously reported the delinquency to the federal Treasury Offset Program. Although The stimulus check stops almost all federal administrative offsets, for now, the Treasury Offset Program’s child support offset is an exception. This is why the Treasury Department will withhold stimulus checks from those who owe child support.

A stimulus check offset against child support delinquency will be sent to the person to whom it is owed or to the government for public benefits that the parent got instead of the child support.

If you would like to discuss the specifics of your divorce case or need help with understanding the stimulus check, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

At this time all consultations are by telephone or video conferencing in order to protect our staff and clients.  Attorney Diaz practices exclusively in divorce and family law issues in Florida.

Written by Debora A. Diaz, Esq.

The post How Will Stimulus Checks Be Divided Between Divorcing Couples? first appeared on Law Office of Debora A Diaz.]]>

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How to achieve co-parenting success during these uncertain times?

As people around the world practice social distancing, they are separated from everyone else but their immediate family members. However, for divorced partners who share custody of their children, the term “immediate family” isn’t so clear.

Even as the country opens up slowly experts are recommending limiting social circles to help stop the spread of coronavirus.

This is not the time for parents to keep a record of how many overnights the other person has had. The pandemic is stressful enough for everyone – both for parents and children, so they don’t need the added pressure of parental fights. They desperately need more stability in their lives – especially from their relationships with those who love them the most. Some couples might be used to resolving things in court if they can’t reach an agreement, but that is currently not possible.

Most jurisdictions have decided that the partners’ regular parenting time schedule should continue, and contact with the children should not be affected by school closures. The parents can adjust the schedule in agreement with the children’s best interests, and they must not act in a way that would harm their physical health, such as unnecessary travel.

If a child is in another state, then that parent should arrange for the child to meet with the other parent via FaceTime or a similar platform on a regular and more frequent basis while they are apart. It is essential for children that their communication with both parents remains constant throughout these difficult times.

Think about Your Family’s Safety and Health

Now that you and your spouse are no longer a single entity, it is essential that you make the social distancing decisions together. If your children are split between two homes and become infected, both households would be exposed.

You will have to keep an open line of communication to be sure you are acting in everyone’s best interests. While it’s normal to have separate rules for each partner’s home, safety during the Coronavirus pandemic is vital.

If neither of you has been exposed to the virus, and both are healthy, the parenting time can continue as it is. However, if one of the parties has been exposed to the virus, then you should decide on how to stay in contact with children (via video calls, phone, etc.) while the exposed parent is in quarantine or in treatment. 

The crucial thing is, to be honest with the other party – if one parent becomes ill, they may want to conceal it so that the contact with the child doesn’t stop, but it is not in anyone’s best interests to risk spreading the virus. This could mean that the child ends up staying with the parent who is showing symptoms to prevent spreading infection in the other home, or it could mean that child needs to stay with the other parent to avoid the risk of becoming ill. You need to think about others in both homes and be extra careful if there is anyone at risk. Be honest about whether you think you are well enough to care for the child and, if not, who should do so. 

Remember that attorneys are still available to help you decide the best course of action for you concerning the current situation. 

If you would like to discuss your specific situation in this time of crisis, call Debora A. Diaz Esquire at 727-846-1802 or use the  Scheduling Link:  https://deboradiazlawscheduling.as.me/.

At this time all consultations are by telephone or video conferencing in order to protect our staff and clients.

Attorney Diaz practices exclusively in divorce and family law issues in Florida.

Written by Debora A. Diaz, Esq.

CORONAVIRUS WILL AFFECT CHILD SUPPORT IN FLORIDA

CORONAVIRUS WILL AFFECT CHILD SUPPORT IN FLORIDA

The coronavirus has caused Hospitality and tourism industry closures, major job losses and shutdowns which will trigger reductions in child support in Florida and across the United States.

Treasury Secretary Steven Mnuchin has warned that the US unemployment rate may jump to 20% due to the coronavirus.  Florida Department of Economic Opportunity Executive Director Ken Lawson said Wednesday that unemployment claims are already spiking.
“Since last Thursday, we have seen over a 100% increase in unemployment claims,” Lawson said.

For individuals paying (or receiving) child support or alimony, a parent becoming unemployed represents a huge financial blow. Unfortunately, with the coronavirus causing shutdowns, social distancing and stay in place orders across the country, a massive jump in unemployment appears inevitable. With the massive layoffs and job loss comes an increasing demand for reductions in child support orders across the country.

When A Parent Paying Child Support or Alimony is Laid Off or Loses His or Her Job

In normal times, the child support paying parent who experiences a substantial loss in income will file a Modification for Child Support in Family Court, often in conjunction with a Motion for Temporary Order seeking an immediate reduction in support. However, the coronavirus crisis has effectively closed Family Courthouses to routine motions in Florida. The Florida Supreme Court’s Standing Order AOSC20-15 provides that most non-essential motions and hearings have been suspended through March 27, 2020.  This is a fluid situation and can change.

Florida is an on-line e-filing state. This means all case pleadings and motions are filed online.  The Florida e-filing portal is still open and active.  Although, immediate court access for relief is affected motions for modification and other pleadings can still be filed.  This lack of immediate access to the courts should not discourage child-support paying parents from taking some action following job loss.

If you are the child payor best practices suggest that a child-support paying parent who is laid off should file a Motion for Modification of Child Support as soon as possible.

Addressing Layoffs and Job Loss with the Recipient Parent

As I have noted elsewhere in my blogs, litigants should always be careful about what they state in text messages, emails, co-parenting apps, and social media. In the context of a Motion for Modification to reduce child support, any statements made to the opposing party may be used as evidence in an upcoming hearing.  Nevertheless, there may be a greater price to pay for support payors who fail to offer respectful, accurate information to the support recipient following a job loss. To the extent that the loss of child support could be financially catastrophic to the recipient, many judges expect support paying parties to act with decency, compassion, and clarity by informing the recipient of the job loss and the impending financial difficulty.

The appropriate level of detail to share with a support recipient will vary from case to case. However, what almost never varies is the need for support-paying parents and former spouses to share this kind of difficult information with respect and compassion, even if the parties have had strained relations over the years. With the coronavirus crisis leaving Family Court judges uniquely powerless to influence most cases, it is likely that judges will pay close attention to how parents and former spouses behaved during the crisis, once regular hearings resume. A party who acts with decency and sensitivity towards the extremely difficult circumstances faced by the other party is far more likely to receive the benefit of the doubt from a judge in a future hearing.

In many instances, it will make sense for support-paying parents to inform recipients that they have to file a Modification for Child Support because of the job loss.  Remember the recipient parent is counting on support for the child and the child still has needs and expenses.  Moreover, the recipient parent may be suffering a job reduction or job loss too.

What Happens if Child Support Was Deducted from the Payor’s Paycheck?

In Florida, many parents pay child support through “income wage deduction” administered through the Florida Department of Revenue (“DOR”). If the support-paying parent is laid off or otherwise loses his or her job, DOR-collected child support payments are likely to stop immediately. However, it is important for child support-paying parents to recognize that their child support obligation does not go away just because DOR no longer has a paycheck to draw from. Child support arrears will continue to accrue for the parent – with continued exposure for a Motion for Contempt – until and unless a court orders a reduction.

In Florida, child support paying parents can generally only obtain a retroactive reduction in child support going back to the date the party served his or her Motion for Modification on the recipient. This is why it is so important for child support paying parents to file a Motion for Modification immediately after losing their job. Although retroactive relief from child support is not automatically available going back to the date of the modification, the lack of immediate access to courthouses during the coronavirus crisis is likely to result in more judges ordering retroactive relief once courts re-open. Perhaps more importantly, parents who fail to file a Motion for Modification may lose the opportunity to seek retroactive relief at all.

Are Unemployment Benefits Subject to Child Support?

The Florida Child Support Guidelines Florida Statute Section 61.30 include unemployment benefits as a source of income from which child support can be paid. Indeed, in many cases in which a parent becomes unemployed, child support is simply re-calculated under the Guidelines based on the amount of weekly unemployment the paying parent receives.

It is important to note that the federal government, as well as individual states, appear to be reacting quickly to the impending employment crisis by beefing up unemployment benefits in a variety of ways. This might mean larger unemployment checks or faster processing time. As noted above, it is important for support paying parents to remember that their child support obligation is not automatically reduced because they begin receiving unemployment.

Don’t Pay Nothing: Avoiding Pitfalls and Traps After Job Loss

Litigants often ask attorneys, “how much support should I pay?” after experiencing a decrease in income. The right answer to this question varies from case to case. If a parent truly has no income or cash resources, then paying any amount of child support may be impossible following a job loss. If a parent is receiving unemployment, continuing to pay the prior child support order may be impossible, but voluntarily paying an appropriate amount of his or her unemployment benefits as child support based on the Guidelines formula is often advisable.

What is almost never advisable for parents who have lost a job is to pay nothing to the other parent (unless the paying party can demonstrate through financial records that he or she is truly broke). Even a small weekly or monthly payment is almost always better than paying no child support at all when it comes to gaining the favor of your judge. Moreover, a child support recipient is much more likely cooperate if he or she feels that the paying party acted fairly following his or her job loss.

It is impossible to speak in absolutes when it comes to what steps support paying parties should take following a job loss. Every case has its own history, unique personalities, and judge. In many cases, it will make sense for a parent who experiences job loss to be transparent with the recipient about when the employment ended, when unemployment is likely to start, and how much of the unemployment benefit the recipient will receive as child support. In other cases, parties will need to be cautious about over-sharing detailed information.

In this time of a crisis that has never been seen before try to be kind and mindful of what people are experiencing.

To discuss child support or other family law issues contact Debora A. Diaz, Esq., at 727-846-1802.  Attorney Diaz concentrates only on Divorce and Family Law matters. She is also a Supreme Court Certified Family Mediator.

Written by Debora A. Diaz, Esq.