Parenting Plan

As time goes by and your child gets older, their needs and interests will change. With these new developments in their life come changes in their routine and schedule, which also impact parents. For example, pre-school age children will have a different schedule than school age children and time-sharing may have to be modified.  Big changes can happen for the parent, too; you may get a new job that means different hours, responsibilities, and a different commute. Any significant job changes may affect the time you or your ex-spouse have available for your child. Less time for you could mean your co-parent may have to step in to help, while more time may allow you to be with your child.

One of the parents may even get a job that requires them to move, which would be considered a substantial change. This relocation could mean a different school district for the parent who has custody of the child over the school year.  If relocation is anticipated the best interest of the children will be considered.  It may be appropriate for child to remain at their current school, so as not to disrupt their schedules, activities, and take them away from friends and favorite teachers. In this case, both parents may agree to modify the parenting plan rather than have the court do it through litigation.

Because life forces us to change, grow, and adapt, parenting plans can be modified to suit new circumstances, especially if the old custody arrangement is no longer in the child’s best interest.

How to prepare for a parenting plan modification hearing

 When the current parenting plan no longer works and needs to be amended to meet the best interests of the child, you and your co-parent should discuss and try to agree to the modifications before you file a new parenting plan with the court.

Once you have reached an agreement, draft a new parenting plan with the help of your attorneys. Each parent must sign the parenting plan in front of a notary or court clerk before it’s filed. At the final hearing if necessary, a judge will review the plan to determine if the current custody arrangements need to be modified.

A court will only agree to a modification of a parenting plan if the changes are “substantial, material, and unanticipated” and affect the best interests of the child. Florida legislature categorizes these changes under job change, family change, and removal of disability. Beyond a change in the child’s schedule or a parent moving, the following scenarios may warrant a parenting plan modification:

• The child’s physical safety and emotional wellbeing are in immediate danger.
• A parent remarries, and the new spouse is not a good role model (may be struggling with addiction or mental health issues).
• Parental alienation by one parent.

If you and your co-parent find it too challenging to create a new plan you both agree on, you may need to seek the help of a family counselor or attend custody mediation. You can also file a petition in court.

It is important to know your rights. If you would like to discuss the specifics of your custody case or need help with modifying your current parenting plan, call Debora A. Diaz ,Esquire at 727-846-1802.

Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is also available to mediate your case.

Written by Debora A. Diaz, Esq.

Dividing retirement assets

How Are Retirement Plan Assets Divided in a Divorce?
Retirement assets such as IRAs, pension plans, and 401k plans are deferred compensation plans that are divisible as part of a property settlement in divorce.
Because retirement benefits may be part of the division of marital assets regardless of who is named on the plan, it’s essential to know how they are valued and divided. Here’s what you should know about dividing retirement plans in divorce:
Types of Retirement Assets
How retirement assets share will depend on factors such as the type of deferred compensation plan. The following are the two primary forms:
Defined Benefit plans – A defined benefit plan is a company retirement plan such as a pension plan that is based on an employee’s years of service and salary history. At the beginning of retirement age, the employee is provided a monthly benefit with payment continuing for the rest of their life.
Defined Contribution plans – A defined contribution plan’s value is determined by the contribution amounts made into a retirement account, commonly a savings plan such as 401k, IRA, or ESOP.
Methods of Dividing a Retirement Account
Before dividing a retirement account, the present value of the benefits must first be determined. With a defined contribution plan, the present value is the current vested value and will divide the value between the two parties. A professional usually is required to obtain the correct value.
Dividing a defined benefit plan is a little more complicated. There are two different methods of sharing the pension; the present value calculation or the division of future benefit. The division of future benefit approach is also known as the “deferred distribution method;” in this case, the couple shares the future stream of monthly benefits.
With the present value calculation, also known as the “Immediate Offset Method,” the current value of the pension is divided at the time of the divorce. In this scenario, the non-pension holder gives up any rights to future pension payment, and the pension plan holder keeps 100% of all future pension benefits. It is usually the method for couples who do not want to have anything that ties them together, well into their retirement age. However, there are tax implications when dividing a pensions present value.
In a case of division of future benefit, a Qualified Domestic Relations Order (QDRO) is drafted to instruct how the pension plan is paid out to the non-plan-holder spouse.
Qualified Domestic Relations Order (QDRO) Explained
A QDRO is short for Qualified Domestic Relations Order. It can protect your interests in a situation where your spouse is the primary breadwinner, and you need to ensure your share of their retirement account. A QDRO is a court order or judgment that can guarantee you receive the benefits in which you are legally entitled. QDRO is used for private company pensions. A different tyro of order is required for Military pensions. Another order is required for federal civil pensions such as from the Post office. The document is typically written out by a divorce lawyer that specializes in preparing QDROs and other pension orders. It is then signed by a judge, outlining specific instructions to the administrator of the pension how future pension benefits will be divided between the plan holder and ex-spouse and submitted to the retirement plan administrator.
You do not need a QDRO for IRA’s as they can just be divided as necessary.
If you would like to discuss the specifics of your divorce case or need more information about protecting and dividing assets in the divorce, call Debora A. Diaz at 727-846-1802.
Written by: Debora A. Diaz Esquire

It can be a complicated issue, further exacerbated by one or both of the spouses attempting to hide their assets from the court in order to be favored in the court’s decision. If you’re going through a divorce in Florida, you might benefit from learning more about assets and income:

What Are Assets?

Assets are certain pieces of property which have a measurable present value. More often than not, they are material possessions such as real estate properties, vehicles, valuable collectibles, etc. However, trademarks, copyrights, patents and other things without a tangible value can also be considered assets.

What Is Income?

On the other hand, income streams differ slightly from assets as they classify as anything that can yield regular income. Some examples include income from renting a property, income from a retirement account, as well as income from home business.

The significance of income streams in divorce proceedings is tied to the court’s decision on whether one of the spouses should have alimony awarded. Additionally, if the ex-spouses have children together, income streams are essential for the court to be able to determine the appropriate amount of child support.

How Are Assets and Income Divided?

In Florida, courts strive to divide all assets equitably. It does not imply a 50-50 division, but rather that each of the spouses will be treated fairly. For example, if one of the spouses wishes to retain an asset of higher value as it holds a specific significance to them, the other person will likely be rewarded with additional assets to keep the division balanced.

When it comes to income streams, the division is a little more complicated, but still done honoring the principles of equity. An ongoing source of income is usually divided based on a percentage that one spouse should pay to another, and the court sets that amount.

What If an Item Is Both an Asset and Income?

In some rare cases, an item is considered both an asset and income, and it does happen that the line gets blurry between the two. For example, in the case of a property that the ex-spouses renovated and turned into a rental property which yielded regular income, it can be unclear whether the property should be considered an asset or an income stream.

Sometimes courts can classify an item as both, although this practice was not used until recently. The main concern of allowing this practice is that it may enable the spouses benefiting from asset division to have double benefits from a single item. However, the courts are permitted to consider income streams coming from assets that were previously equitably divided, to determine whether to award alimony and how much it should be.

Divorce can get quite complicated, and it’s crucial to know your rights and consult with a family law professional to make the process as smooth as possible.

If you would like to discuss the specifics of your divorce case or need more information about assets and income in Florida divorce, call Debora A. Diaz at 727-846-1802.

If you have questions about divorce, child support, shared parental responsibility, time-sharing/parenting time, and parenting plans, contact Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation 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 in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Written by: Debora A. Diaz Esquire

However, in Florida law, there is specific terminology and legal concepts that you should be acquainted with before creating a parenting plan. Let’s have a closer look at what parenting plans are, and what you can do to ensure that yours will cover what is best for the children:

What’s a Parenting Plan and What Should It Contain?

Since a parenting plan is supposed to outline your childcare arrangements with the other parent, there is specific information it has to include:

• Time-sharing schedule;
• Information about which parent will be responsible for health care;
• Written description and provisions about how the parents are going to share the responsibility for raising the child;
• Information about which parent will be in charge of the school and extracurricular activities;
• Information about whose address will be listed and used for school-boundary determination as well as registration;
• Information about the technologies that the parents intend to use for communication with the child.

Florida Terminology Related to Parenting Plans

You might be familiar with terms such as custody and visitation, but in Florida law, they are replaced with parental responsibility and time-sharing.

When it comes to parental responsibility, it can share with the other parent, or one parent could have the sole obligation. It refers to the authority each parent has to make decisions about, and, for the child, including matters such as health care, education, discipline, etc. It’s up to the parents to agree how they are going to divide their parental duties. Courts prefer they shared parental responsibility unless it is not in the child’s best interests.

Time-sharing outlines how much time each parent will spend with the child. In case you have sole parental responsibility, it can be with or without time-sharing with the other parent.

Creating a Parenting Plan with the Other Parent

To create a good parenting plan for your kids, you and the other parent should cooperate and consider the child’s best interests. It might be necessary to go through the parenting coordination program to attain an agreement. If you fail to reach an agreement with the other parent regarding the parenting plan even with the help of the coordinator, then it will be up to the court to determine your parenting plan and order it.

It is best if the parents can settle on a plan which they both agree. In that case, once the program is complete, it is submitted to the court and accepted by the judge. When creating a parenting plan, it’s important to consider different factors:

• Whether the parents live close to one another or not;
• The ability of each parent to maintain a good relationship with the child and provide them with a stable and safe environment;
• How stable each of the parents is when it comes to their physical, emotional and mental well-being.

Divorce is never easy, but with some effort, you might avoid it negatively impacting your children by creating a good parenting plan with the other parent.

It is important to know your rights. If you would like to discuss the specifics of your divorce case or need help with creating a parenting plan, call Debora A. Diaz Esquire at 727-846-1802.

Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is available to mediate your case.

Written by Debora A. Diaz, Esq.

Although there have been many attempts to modify alimony and there is pending legislation to change alimony it currently is still an option in Florida.  Do not listen to people that say no alimony in Florida.  Talk to an attorney.
Approaching the issue of alimony can be tricky, and there are some factors to review when deciding whether to seek alimony in your divorce. Let’s have a closer look at what alimony in Florida entails by law and what you should consider when requesting maintenance:
What Is Alimony?
Alimony is the legal mechanism through which the spouse with greater financial capabilities makes an allowance to the other spouse after a divorce. There are different types of alimony available under Florida law.
Types of Alimony in Florida
• Temporary alimony — this type of maintenance is also known as alimony pendente lite, and it’s terminated automatically as soon as the divorce finalizes, when a different kind of alimony may replace it;
• Bridge-the-gap alimony — a transitional form of alimony that helps the recipient spouse adjust from being in a marriage to becoming single, and it’s meant to cover their short-term needs, so it usually cannot last more than two years;
• Rehabilitative alimony — this type of alimony is intended to help the recipient spouse become self-supporting by assisting them in payment for developing new skills or further training that helps them build their credentials;
• Durational alimony — a type of maintenance which has a specified duration, usually following marriages that lasted less than 17 years, and it cannot continue longer than the length of the marriage;
• Permanent alimony — if a party can’t fulfill their practical needs that were established during the marriage on their own, permanent alimony can be awarded to assist with that, usually in long or medium-length marriages (between 7 and 17 years).
Factors to Consider When Requesting Alimony
Determining what would be an appropriate alimony amount can be complicated under the Florida law. There are different things that a judge may consider, and you should be aware of them before requesting alimony. The factors that affect the amount to award include the recipient spouse’s need, which provides for their current standard of living.
Another critical factor is the duration of the marriage, where long-term marriages may suggest that the recipient spouse has given many years of their total life to the union. In those cases, permanent alimony might be the most appropriate. It’s also important to consider each party’s financial resources and their contribution to the marriage, which doesn’t exclude childcare and support of the other party’s career. There are several other factors that the court will look to in determining whether alimony is appropriate.
Every case is different and fact-specific, so it is essential to understand the underlying principles of alimony in Florida to know what you might expect.
If you are interested in learning more about the factors that affect alimony in Florida or if you wish to discuss the specifics of your case, call divorce attorney, Debora A. Diaz at 727-846-1802 to schedule a consultation. It is important to know your rights!

Written by Debora A. Diaz, Esq.

HOW DOES DOMESTIC VIOLENCE AFFECT FLORIDA DIVORCE?

Many divorces are affected by various complex issues; however, they tend to get extraordinarily complicated when domestic violence is involved. In many cases, domestic violence incidents may be recent, and sometimes they are the very cause of the divorce filing. But, even if the violence was not recent, a history of abusive and violent actions may play a significant role in the divorce proceedings in Florida.

Domestic violence is against the law in Florida, and many violent spouses face criminal charges. However, a majority of the offenders are not aware of the impact their violent actions might have on divorce determinations.
You do not have to cite or prove domestic violence in Florida to have your dissolution of marriage because the state law recognizes “no-fault” divorces. However, if you have been a victim of domestic violence, you may want to bring up the issue as part of your case. Safety is always a concern and a priority. An experienced attorney will know how and when to use evidence of domestic violence to help you in the divorce proceedings.

Domestic violence may impact the following divorce determinations:

Child Custody
Domestic violence can play a significant role in child custody and time-sharing division. In some cases, the court can decide that it is not in the child’s best interest to spend substantial time with a parent who has a history of domestic violence and abusive behavior. The judge may even award full custody to one parent and require supervised visits for the other parent if judge suspects the child might be in danger when alone with the potentially abusive parent.
If a parent has a criminal conviction for first-degree domestic violence, Florida custody law requires the court to assume the child is in danger with this parent, unless the parent shows otherwise. For these reasons, parents with a domestic violence history or convictions need to have an experienced attorney who knows how to fight for a favorable time-sharing decision. If you are a victim of domestic violence your attorney needs to know this.

Property Division
When it comes to property division, Florida law favors an equitable division of all assets and debts. However, it doesn’t mean property division has to be equal – the court can distribute property in a manner they find fair and just. The law requires courts to consider a fair number of specific factors in making this determination. Domestic violence may be one of the factors considered in these determinations, and it may affect the court to order property division that is favorable to the victim, at the loss of the abuser.

Spousal Support
When figuring out the amount to award for spousal support in Florida, the judges can consider a large number of factors that they find relevant to reaching an equitable solution. Even though in most cases the judges do not consider the fault grounds, abuse included, there still are some situations where domestic violence impacts this settlement indirectly.
Because it is a no-fault state for divorce, Florida laws don’t require a petitioner to cite marital misconduct when filing for a divorce. But if there is a history of domestic violence, the court may consider it when ruling on several aspects of the divorce. Domestic violence is a serious issue for spouses and children. Please seek legal counsel if domestic violence is involved in your family law issue or divorce.

Know your rights. To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Filing for Divorce: How to Prepare Yourself

What is Mandatory Disclosure in Florida Divorce?

Mandatory Disclosure is the process whereby financial information is supposed to be automatically disclosed by the parties when filing a divorce or other family law case.  The procedure is mandated by Florida Family Law Rule of Procedure 12.285.  The purpose of Rule 12.285 is to ensure that each party will be fully informed about the financial circumstances of the other party prior to settlement of the case through mediation, negotiation or trial.

Rule 12.285 specifically requires the exchange of financial affidavits, and this exchange cannot be waived.  There are two types of financial affidavits: a short form for those who have an annual gross income of under $50,000 (see Family Law Financial Affidavit 12.902 b) and a long form (see Family Law Financial Affidavit 12.902c) for those who have an annual gross income of $50,000 or greater. Rule 12.285 also requires exchange of additional documents, including tax returns, bank statements, credit card statements, mortgage statement, deeds, business information, vehicle titles, insurance policies, etc.  The parties can agree to waive the exchange of all of these additional documents. If the parties agree to waive the exchange of mandatory disclosure documents (except the financial affidavit), a waiver of mandatory disclosure must be executed by the parties and filed with the Court.

Under the rule, Mandatory disclosure must be exchanged by the parties within 45 days after the initial case is served on the respondent. There is a continuing duty to update mandatory disclosure (including the financial affidavit) whenever there is a material change in a party’s financial circumstances, and a party may object to mandatory disclosure anytime up to 5 days before disclosure is due.  You cannot complete the form and be done.  If there are financial changes an amended financial affidavit must be filed.  To comply with mandatory disclosure, a party must certify by notarized signature that all of the required records are being disclosed to the other party.

If a party does not comply with Mandatory Disclosure the remedy is to file Motion to Compel the Disclosure and/ or a Motion for Contempt for failure to disclose the required information.  A party can be held liable by the court for the other party’s attorney fees incurred to bring these Motions, if the violating party failed to provide disclosure that is within their power and control to provide.  The court also has authority to order sanctions against the party in non-compliance.

Divorce and Family law can be a complex process, with many factors and aspects to consider.  I can help you navigate through this process. With over 24 years of experience, I have the knowledge and skills to assist with even the most contentious of cases. Schedule your reduced fee consultation with Debora A. Diaz, Esq.

Know your rights.  To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Written by Debora A. Diaz, Esq.

Practicing Divorce and Marital Law since 1995.  Serving New Port Richey, Trinity, Wesley Chapel in Pasco, Pinellas, Hernando and surrounding counties.

Although there are exceptions, most married couples fall under the same insurance plan.

What happens to insurance if the couple then goes through a divorce?

Is each party then responsible for their own insurance, or is there a way to continue coverage on a spouse’s plan?

Are there other alternatives for disadvantaged spouses who may not have access to insurance?

Here is some advice on how to manage your insurance plans after divorce, including when and how to find new insurance if you will no longer be covered after divorce.

Health Insurance After Divorce

If you were covered under your spouse’s insurance plan during the marriage, you can attempt to maintain coverage under your spouse’s workplace plan through COBRA.  This means that you can continue the employer group insurance but you have to pay the premium plus an administrative fee to the insurance plan.  This may be costly. You may be better off paying for private health insurance.  Alternatively, you can seek insurance through your own employer, the health insurance plan marketplace, or you can apply for Medicare or Medicaid (depending on your age). Note that your children may still be covered under your spouse’s plan, but you may be required to help cover a portion of it as part of child support.

Homeowners Insurance After Divorce

If you and your spouse are both planning to stay on the title for your home until after the kids grown, it is recommended that you both remain listed on the homeowner’s insurance policy. However, if you will be taking ownership of the home, then your spouse would be removed from the plan.  Alternatively, if you are renting and your spouse is taking ownership of the home (or it is being sold), you might want to consider renter’s insurance to protect your property in the event of a fire or another catastrophic event.

Life Insurance After Divorce

Life insurance is one of the most commonly overlooked insurance types, but it can also be the most critical – especially if you and your spouse share minor children.  An important aspect to consider is whether your spouse should have a life insurance policy to cover child support or alimony payments that may go unpaid, should something happen to your spouse before the term of the agreement has ended or the children reach majority.  I always discuss these options with my clients that are receiving child support and/or spousal support.  It is better for the beneficiary to hold the policy, that way it is protected from accidental (or intentional) lapses.

Divorce is a complex process, with many factors and aspects to consider.  I can help you navigate through this process. With over 24 years of experience, I have the knowledge and skills to assist with even the most contentious of cases. Schedule your consultation with Debora A. Diaz, Esq.

Know your rights.  To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Written by Debora A. Diaz, Esq.

Practicing Divorce and Marital Law since 1995.  Serving New Port Richey, Trinity, Wesley Chapel in Pasco, Pinellas, Hernando and surrounding counties.

If you are considering a divorce, there are a several things about divorce for Florida residents that you should know before consulting your attorney.  These tips will save you both time and money.

One: Requirements for Florida Divorces

If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state. If both you and your spouse agree that the “marriage is irretrievably broken,” and there should be a divorce, you can agree in writing to end the marriage.  If one of you denies that the marriage is broken beyond repair or you have a child, the court has the authority to order counseling with a marriage counselor, priest or rabbi, or psychologist for up to three months.  Although it is rare that the court orders counseling.

Two: How to Begin the Process of Divorce for Florida Residents

Also called a “dissolution” of the marriage, Florida divorces legally begin when you or your spouse files a “Petition for Dissolution of Marriage” with the local circuit court.  After the other spouse is served with the summons and paperwork the spouse has 20 days to respond.  If both you and your spouse agree on how to divide property and debt the divorce can be finalized without a trial.  If you have minor children the parties also must agree on child-support, time-sharing and a Parenting Plan.  The agreement and Parenting Plan must be in writing and signed by both parties.  The Court must approve the Parenting Plan.  If the parties cannot agree, the court will assign a time for a hearing.

Three: Marital Assets

Any assets and debts acquired during the marriage are referred to as “marital assets,” and will be divided “equitably,” or fairly, upon divorce.  Any assets you had prior to the marriage may be considered “non-marital assets” if they were kept separated from property acquired during the marriage.  You and your spouse can each retain your non-marital assets.  Note that sometimes non-marital assets can have a marital component if they were co-mingled and/or used as collateral in the marriage.

Four: Dividing of Marital Property

Judges will divide assets equally, unless there is a basis for unequal distribution. The judge will consider both you and your spouse’s economic circumstances and the contributions each of you made to the marriage (including care for children and your marital home). If either you or your spouse wants to keep your marital home to live in with a child from the marriage, that may also be a factor for unequal distribution.

Five: Alimony

Alimony is an extension of the obligation for spouses to support each other financially during the marriage.  Under divorce laws in Florida, a court can order alimony based on factors under Florida Statutes. Factors the courts will look at include: the standard of living during the marriage; the length of the marriage; and the age, physical condition and emotional condition of each spouse; the financial resources of each party; the earning capacities, educational levels and employability of the parties; the contribution of each party to the marriage; the responsibilities each party will have with regard to any minor children; the tax treatment and consequences of any alimony award; all sources of income available to each party; and any other factor to do equity and justice between the parties.

Six: Primary Residence

If you and your spouse cannot come to an agreement on the primary residence of the child, the court will make a decision based on what is in the “best interests” of the child. Unless there is a reason that it would be detrimental to your child’s upbringing, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility over specific aspects of a child’s welfare, such as primary residence, education or medical care. The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child, the mental and physical health of the parents, the home, school and community record of the child, and the length of time the child has lived in a stable, satisfactory environment among several other factors.

Seven: Child Support

Divorce laws in Florida include child support guidelines that judges use to figure out the support needed for a child and how much each parent has to pay. The court looks at both parents’ incomes and the child’s health and child care costs.  Florida’s standard needs table lists support amounts based on the child’s age and the parents income.

Eight: Documents You Will Need

The court will need to know about all of your assets in order to divide them.  Both parties are required to file financial affidavits listing all income, assets and liabilities.  Make copies of tax returns, bank statements, mortgage documents and any other financial information that you have access to.   This will save you time and money down the road.  You should also take inventory of your major household and family possessions. A detailed household budget will help your lawyer as well as the court determine how much temporary support can be paid.

Nine: Debts

Any debt incurred before the marriage, such as educational debt, is not considered while dividing debts. Like assets, the debts will be divided equitably. If you have a mortgage, the court may order both of you to split the debt; if one spouse stays in the home, the mortgage may be restructured to make that spouse the sole owner and borrower.  Note that educational debt incurred during the marriage is marital!

Ten: Taxes

It is important to think about how a divorce, for Florida residents, will change your taxes. Property transfers, taxability of alimony payments and dependency deductions for children may all affect your tax filing status. Working with an accountant along with your lawyer will help you avoid making mistakes you may not be able to fix after the divorce.

Know your rights.  To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Written by Debora A. Diaz, Esq.

Practicing Divorce and Marital Law since 1995.  Serving Pasco, Pinellas, Hernando and surrounding counties.