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		<title>Modification of Parenting Plans in Florida</title>
		<link>https://deboradiazlaw.com/modification-of-parenting-plans-in-florida/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=modification-of-parenting-plans-in-florida</link>
		
		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Fri, 06 Sep 2019 18:36:06 +0000</pubDate>
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					<description><![CDATA[<p>Modification of Parenting Plans in Florida As time goes by and your child gets older, their needs and interests will change. With these new developments in their life come changes... <a href="https://deboradiazlaw.com/modification-of-parenting-plans-in-florida/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/modification-of-parenting-plans-in-florida/">Modification of Parenting Plans in Florida</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<p><span style="font-family: arial, helvetica, sans-serif;"><b>Modification of Parenting Plans in Florida</b></span></p>
<div id="attachment_776" style="width: 310px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-776" class="size-medium wp-image-776" src="https://deboradiazlaw.com/wp-content/uploads/2019/09/Parents-and-child-300x171.jpg" alt="Parenting Plan" width="300" height="171" srcset="https://deboradiazlaw.com/wp-content/uploads/2019/09/Parents-and-child-300x171.jpg 300w, https://deboradiazlaw.com/wp-content/uploads/2019/09/Parents-and-child.jpg 700w" sizes="(max-width: 300px) 100vw, 300px" /><p id="caption-attachment-776" class="wp-caption-text">Parenting Plan</p></div>
<p>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.</p>
<p>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.</p>
<p>Because life forces us to change, grow, and adapt, <a href="https://deboradiazlaw.com/creating-a-good-parenting-plan-for-your-kids-after-divorce/">parenting plans</a> can be modified to suit new circumstances, especially if the old custody arrangement is no longer in the child’s best interest.</p>
<p><strong>How to prepare for a parenting plan modification hearing</strong></p>
<p><strong> </strong>When the current parenting plan no longer works and needs to be amended to meet the best interests of the child, <a href="https://deboradiazlaw.com/the-top-5-co-parenting-apps-for-divorced-parents/">you and your co-parent</a> should discuss and try to agree to the modifications before you file a new parenting plan with the court.</p>
<p>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.</p>
<p>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:</p>
<ul>
<li>The child’s physical safety and emotional wellbeing are in immediate danger.</li>
<li>A parent remarries, and the new spouse is not a good role model (may be struggling with addiction or mental health issues).</li>
<li>Parental alienation by one parent.</li>
</ul>
<p>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.</p>
<p>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 <a href="https://deboradiazlaw.com/">Debora A. Diaz ,Esquire</a> at 727-846-1802.</p>
<p>Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is also available to mediate your case.</p>
<p>&nbsp;</p>
<p>Written by Debora A. Diaz, Esq.</p>The post <a href="https://deboradiazlaw.com/modification-of-parenting-plans-in-florida/">Modification of Parenting Plans in Florida</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>How Are Retirement Plan Assets Divided in a Divorce?</title>
		<link>https://deboradiazlaw.com/how-are-retirement-plan-assets-divided-in-a-divorce/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=how-are-retirement-plan-assets-divided-in-a-divorce</link>
		
		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Fri, 07 Jun 2019 19:07:26 +0000</pubDate>
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					<description><![CDATA[<p>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... <a href="https://deboradiazlaw.com/how-are-retirement-plan-assets-divided-in-a-divorce/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/how-are-retirement-plan-assets-divided-in-a-divorce/">How Are Retirement Plan Assets Divided in a Divorce?</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<div id="attachment_763" style="width: 310px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-763" class="size-medium wp-image-763" src="https://deboradiazlaw.com/wp-content/uploads/2019/06/Retirement-Assets-300x171.jpg" alt="" width="300" height="171" srcset="https://deboradiazlaw.com/wp-content/uploads/2019/06/Retirement-Assets-300x171.jpg 300w, https://deboradiazlaw.com/wp-content/uploads/2019/06/Retirement-Assets.jpg 700w" sizes="(max-width: 300px) 100vw, 300px" /><p id="caption-attachment-763" class="wp-caption-text">Dividing retirement assets</p></div>
<p>How Are Retirement Plan Assets Divided in a Divorce?<br />
Retirement assets such as IRAs, pension plans, and 401k plans are deferred compensation plans that are divisible as part of a property settlement in <a href="https://deboradiazlaw.com/25-things-not-to-do-during-a-divorce/">divorce</a>.<br />
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 <a href="https://money.usnews.com/money/retirement/articles/retirement-accounts-you-should-consider">retirement plans</a> in divorce:<br />
Types of Retirement Assets<br />
How retirement assets share will depend on factors such as the type of deferred compensation plan. The following are the two primary forms:<br />
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.<br />
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.<br />
Methods of Dividing a Retirement Account<br />
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.<br />
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.<br />
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.<br />
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.<br />
Qualified Domestic Relations Order (QDRO) Explained<br />
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.<br />
You do not need a QDRO for IRA’s as they can just be divided as necessary.<br />
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.<br />
Written by: <a href="https://deboradiazlaw.com/">Debora A. Diaz</a> Esquire</p>The post <a href="https://deboradiazlaw.com/how-are-retirement-plan-assets-divided-in-a-divorce/">How Are Retirement Plan Assets Divided in a Divorce?</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>Assets Versus Income in Florida Divorce</title>
		<link>https://deboradiazlaw.com/assets-versus-income-in-florida-divorce/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=assets-versus-income-in-florida-divorce</link>
		
		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Fri, 03 May 2019 18:49:33 +0000</pubDate>
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					<description><![CDATA[<p>One of the main processes during a divorce is the division of assets and income. A court may have to go through volumes of financial records and other relevant information... <a href="https://deboradiazlaw.com/assets-versus-income-in-florida-divorce/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/assets-versus-income-in-florida-divorce/">Assets Versus Income in Florida Divorce</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<p>One of the main processes during a divorce is the division of assets and income. A court may have to go through volumes of financial records and other relevant information to decide on what the equitable division of the marital assets would be.</p>



<p>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 href="https://deboradiazlaw.com/ten-tips-to-consider-before-you-file-a-florida-divorce/">a divorce in Florida</a>, you might benefit from learning more about assets and income:</p>



<p><strong>What Are Assets?</strong></p>



<p>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.</p>



<p><strong>What Is Income?</strong></p>



<p>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.</p>



<p>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.</p>



<p><strong>How Are Assets and Income Divided?</strong></p>



<p>In Florida, courts strive to <a href="https://deboradiazlaw.com/florida-equitable-distributiondivorce/">divide all assets equitably</a>. 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.</p>



<p>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.</p>



<p><strong>What If an Item Is Both an Asset and Income?</strong></p>



<p>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.</p>



<p><a href="https://www.floridabar.org/the-florida-bar-journal/diffenderfer-revisited-is-the-double-dipping-quagmire-still-alive/">Sometimes courts can classify</a> 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.</p>



<p>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.</p>



<p>If you would like to discuss the specifics of your divorce case or need more information about assets and income in Florida divorce, call <a href="https://deboradiazlaw.com/">Debora A. Diaz</a> at 727-846-1802.</p>
<p>If you have questions about divorce, <a href="https://deboradiazlaw.com/child-support-agreements/">child support</a>, shared parental responsibility, time-sharing/parenting time, and parenting plans, <a href="https://deboradiazlaw.com/contact-us/">contact Debora A. Diaz Esquire </a>at 727-846-1802 to schedule a consultation or use the Scheduling Link:<a href="https://deboradiazlawscheduling.as.me/"> https://deboradiazlawscheduling.as.me/</a>.</p>
<p>At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.</p>
<p>Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a<a href="https://deboradiazlaw.com/mediator-vs-attorney-the-differences/"> <em><strong>Florida Supreme Court Certified Family Mediator.</strong></em></a></p>





<p>Written by: Debora A. Diaz Esquire</p>The post <a href="https://deboradiazlaw.com/assets-versus-income-in-florida-divorce/">Assets Versus Income in Florida Divorce</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>Creating a Good Parenting Plan for Your Kids after Divorce</title>
		<link>https://deboradiazlaw.com/creating-a-good-parenting-plan-for-your-kids-after-divorce/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=creating-a-good-parenting-plan-for-your-kids-after-divorce</link>
		
		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Fri, 01 Mar 2019 17:26:20 +0000</pubDate>
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					<description><![CDATA[<p>It is creating a good parenting plan for your kids after divorce that is the most desirable course of action when that is possible. It is the written document that... <a href="https://deboradiazlaw.com/creating-a-good-parenting-plan-for-your-kids-after-divorce/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/creating-a-good-parenting-plan-for-your-kids-after-divorce/">Creating a Good Parenting Plan for Your Kids after Divorce</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<p>It is creating a good
parenting plan for your kids after divorce that is the most desirable course of
action when that is possible. It is the written document that outlines how you
are going to continue to care for your child with the other parent after the
divorce finalized and it’s going to be crucial for child care.</p>



<p>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 <a href="https://deboradiazlaw.com/5-things-to-consider-before-telling-your-children-about-the-divorce/">best for the
children</a>:</p>



<p><strong>What’s a Parenting Plan
and What Should It Contain?</strong></p>



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



<ul class="wp-block-list"><li><a href="https://deboradiazlaw.com/co-parenting-time-sharing-issues-during-summer-break/">Time-sharing</a> schedule;</li><li>Information about which
parent will be responsible for health care;</li><li>Written description and
provisions about how the parents are going to share the responsibility for
raising the child;</li><li>Information about which
parent will be in charge of the school and extracurricular activities;</li><li>Information about whose
address will be listed and used for school-boundary determination as well as
registration;</li><li>Information about the
technologies that the parents intend to use for communication with the child.</li></ul>



<p><strong>Florida Terminology
Related to Parenting Plans</strong></p>



<p>You might be familiar
with terms such as custody and visitation, but in <a href="https://flafcc.org/wp-content/uploads/2018/03/Bench-Bar-Supplement.pdf">Florida law</a>, they are replaced with parental responsibility and time-sharing.
</p>



<p>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.</p>



<p>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.</p>



<p><strong>Creating a Parenting
Plan with the Other Parent</strong></p>



<p>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 <a href="https://www.ninthcircuit.org/about/programs/parenting-coordination">parenting
coordination program</a> 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.</p>



<p>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:</p>



<ul class="wp-block-list"><li>Whether the parents live
close to one another or not;</li><li>The ability of each
parent to maintain a good relationship with the child and provide them with a
stable and safe environment;</li><li>How stable each of the
parents is when it comes to their physical, emotional and mental well-being.</li></ul>



<p>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.</p>



<p>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 <a href="https://deboradiazlaw.com">Debora A. Diaz Esquire</a> at 727-846-1802. </p>



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



<p>Written by Debora A. Diaz, Esq.</p>The post <a href="https://deboradiazlaw.com/creating-a-good-parenting-plan-for-your-kids-after-divorce/">Creating a Good Parenting Plan for Your Kids after Divorce</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>Factors to Review on Whether to Seek Alimony in Your Divorce</title>
		<link>https://deboradiazlaw.com/factors-to-review-on-whether-to-seek-alimony-in-your-divorce/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=factors-to-review-on-whether-to-seek-alimony-in-your-divorce</link>
		
		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Tue, 01 Jan 2019 21:03:45 +0000</pubDate>
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					<description><![CDATA[<p>In the event of a divorce, one of the things that may affect the future of one of the former spouses is alimony. Especially in marriages where one of the... <a href="https://deboradiazlaw.com/factors-to-review-on-whether-to-seek-alimony-in-your-divorce/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/factors-to-review-on-whether-to-seek-alimony-in-your-divorce/">Factors to Review on Whether to Seek Alimony in Your Divorce</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<p>In the event of a <a href="https://deboradiazlaw.com/dealing-with-divorce-through-the-holidays/">divorce</a>, one of the things that may affect the future of one of the former spouses is alimony. Especially in marriages where one of the spouses has been a stay-at-home parent, alimony might be necessary for the lower-income spouse to transition to a single-person household.</p>
<p>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.<br />
Approaching the issue of <a href="https://deboradiazlaw.com/alimony-no-longer-tax-deductible-looming-deadline/">alimony</a> 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:<br />
What Is <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0000-0099/0061/Sections/0061.08.html">Alimony</a>?<br />
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.<br />
Types of Alimony in Florida<br />
• 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;<br />
• 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;<br />
• 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;<br />
• 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;<br />
• 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).<br />
Factors to Consider When Requesting Alimony<br />
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.<br />
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.<br />
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.<br />
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, <a href="http://deboradiazlaw.com/" target="_blank" rel="noopener noreferrer">Debora A. Diaz</a> at 727-846-1802 to schedule a consultation. It is important to know your rights!</p>
<p>Written by Debora A. Diaz, Esq.</p>The post <a href="https://deboradiazlaw.com/factors-to-review-on-whether-to-seek-alimony-in-your-divorce/">Factors to Review on Whether to Seek Alimony in Your Divorce</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>Dealing with Divorce Through the Holidays</title>
		<link>https://deboradiazlaw.com/dealing-with-divorce-through-the-holidays/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=dealing-with-divorce-through-the-holidays</link>
		
		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Sat, 08 Dec 2018 17:23:58 +0000</pubDate>
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					<description><![CDATA[<p>Dealing with Divorce Through the Holidays Holidays can be a difficult time for everyone. If we add the hardships of a break up of a relationship or a recent divorce... <a href="https://deboradiazlaw.com/dealing-with-divorce-through-the-holidays/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/dealing-with-divorce-through-the-holidays/">Dealing with Divorce Through the Holidays</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<p>Dealing with Divorce Through the Holidays</p>
<p>Holidays can be a difficult time for everyone. If we add the hardships of a break up of a relationship or a recent <a href="https://deboradiazlaw.com/top-5-questions-to-ask-divorce-family-law-">divorce </a>into the mix, it can be an emotional nightmare to navigate. Remember the end of a relationship even if it was a bad relationship can be similar to a death. Sometimes people are just mourning the end of the relationship not necessarily the end of a relationship with a particular person. When everyone around you seems to be enjoying and basking in the holiday glow, and there is pressure to be joyous and grateful, grief can strike harder than usual. Here is how to survive the holiday season during a relationship breakup or divorce:</p>
<p>Take It One Day at a Time<br />
Even though you might want to plan when it comes to the holidays, it is important to take those plans one day at a time. Break things down. You will not be able to adjust to your new life in a day, or a week, or even a month. It is perfectly natural to struggle with change, especially one so substantial such as the end of relationship or a divorce. Do not be too hard on yourself. Rely on your support system to carry you through the holiday season, and you will feel a lot better when it’s over.</p>
<p>Anticipate Problems<br />
There might be divorce-related problems that will seem more aggravating by the holiday season, such as money or timesharing if there are children involved. If you have gone from two incomes to one, you might experience some financial difficulties, especially during Christmas time because of the pressure to buy gifts. Your family and friends are likely to be understanding if you cannot afford to go into debt to buy gifts.</p>
<p>Additionally, <a href="https://deboradiazlaw.com/how-to-make-changes-to-a-parenting-plan-or-support-order/">timesharing</a> is something you will have to consider. If the children are with you during the holidays, think about the other parent in that situation. Consider letting the children call your ex-spouse or buy them a gift. Ultimately, it is in the child’s best interests to not feel like they have lost one of their parents with the divorce. It is never pleasant spending holidays alone, and it might be a good practice to treat your former spouse the way you would want to be treated.</p>
<p>Create an Agenda<br />
Having a plan for all the activities and tasks you want to accomplish for the holiday season can be helpful. Do not put a lot of pressure on yourself. Try to let go of <a href="https://livelytable.com/7-tips-for-a-stress-free-holiday-season/">stress</a>. Review what you want to accomplish and remove things that you really do not want to do. What is important? Time is one of the greatest gifts that you can give someone.</p>
<p>Make New Traditions<br />
Perhaps the most challenging aspect of the holidays are the <a href="https://www.cozi.com/blog/50-holiday-traditions-for-families/">traditions</a> you took part in as a family. After the breakup, the family unit doesn’t exist as it once did — but this gives you an opportunity to create new traditions with those that remain. Ask your children for input on what they would like to do for the holidays from now on and reassure them that the holidays can still be fun and heartwarming.</p>
<p>Replace Guilt with Taking Care of Yourself<br />
Going through a divorce is challenging, so it’s imperative to take care of yourself. Try to avoid isolating yourself and spend some time with people you love. Let go of any guilt you may feel, whatever its cause may be. If you are feeling happy despite the circumstances, don’t fight it; if you’re feeling down, do something that improves your mood.</p>
<p>Holidays can make a problematic divorce worse, but they can also make it better. If you stay as positive as you can with the support of your extended family and friends, you can forge new traditions and pave the way to happier times.</p>
<p>Know your rights. To discuss divorce or other family law matters call 727-846-1802.</p>
<p>Written by Debora A. Diaz, Esq.</p>The post <a href="https://deboradiazlaw.com/dealing-with-divorce-through-the-holidays/">Dealing with Divorce Through the Holidays</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>Alimony No Longer Tax- Deductible: Looming Deadline</title>
		<link>https://deboradiazlaw.com/alimony-no-longer-tax-deductible-looming-deadline/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=alimony-no-longer-tax-deductible-looming-deadline</link>
		
		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Thu, 11 Oct 2018 20:00:28 +0000</pubDate>
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					<description><![CDATA[<p>Alimony No Longer Tax- Deductible: Looming Deadline This article is of interest for those who are paying alimony or who may have to pay it soon. We know that laws... <a href="https://deboradiazlaw.com/alimony-no-longer-tax-deductible-looming-deadline/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/alimony-no-longer-tax-deductible-looming-deadline/">Alimony No Longer Tax- Deductible: Looming Deadline</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<p><div id="attachment_695" style="width: 310px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-695" class="size-medium wp-image-695" src="https://deboradiazlaw.com/wp-content/uploads/2018/10/Alimony-pic-300x182.jpg" alt="" width="300" height="182" srcset="https://deboradiazlaw.com/wp-content/uploads/2018/10/Alimony-pic-300x182.jpg 300w, https://deboradiazlaw.com/wp-content/uploads/2018/10/Alimony-pic.jpg 700w" sizes="(max-width: 300px) 100vw, 300px" /><p id="caption-attachment-695" class="wp-caption-text">Alimony Deadline looming</p></div></p>
<p><a href="https://www.marketwatch.com/story/new-tax-law-eliminates-alimony-deductions-but-not-for-everybody-2018-01-23">Alimony No Longer Tax- Deductible: Looming Deadline</a></p>
<p>This article is of interest for those who are paying alimony or who may have to pay it soon. We know that laws change quickly and the deadline for the ability to deduct alimony payments from your taxes will end this December 31, 2018.</p>
<p>New Rules of the Game</p>
<p>The new rules are making it difficult for some spouses to settle their business before the deadline arrives. The spouse paying alimony will no longer be able to deduct this from their yearly taxes, but that’s not all. The party receiving maintenance will no longer have to pay taxes on the money collected.</p>
<p>Because the deadline is looming, hopefully you have started your divorce process earlier this year. If you have a pending divorce, you will want to get moving to finalize things before it is too late.</p>
<p><a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0000-0099/0061/Sections/0061.08.html">What Exactly is Alimony?</a></p>
<p>For those of you who will soon start paying alimony, let’s clarify exactly what it is and what it isn’t. Alimony is an amount of money paid to a spouse which ensures that the other spouse can maintain a standard of life similar to the one they held while being married. Eligibility for receiving alimony requires evaluation which takes into account many things. For example, the duration of the marriage, how each spouse contributed to the household, the status of life acquired during the marriage, etc. See <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0000-0099/0061/Sections/0061.08.html">Florida Statutes section 61.08.</a> For a thorough discussion of alimony issues schedule a consultation with an experienced attorney to discuss all the factors that determine alimony.</p>
<p>One Big Pay Out of Lump Sum</p>
<p>For those who can pay one large sum of money instead of yearly alimony payments, it could be a better option. It becomes an option for the alimony payer if they have Access to the cash. But it is beneficial for both spouses in the sense that it is a way to sever ties to the relationship. In case there is not enough liquidity, the payer may choose to sell their assets, and in turn, the receiver is then responsible for making sound financial decisions to ensure a steady flow of income.</p>
<p>Reestablishing New Agreements</p>
<p>All divorce agreements involving alimony that are final prior to Jan. 1, 2019 are grandfathered in, so they are not affected by the new laws. However, just because divorces prior to 2019 are grandfathered it is important to note that if there are modifications to an established alimony order, attorneys can state that they want to follow the new tax rules versus the old rules.</p>
<p>Thus, the new tax law could affect these new documents in the future.<br />
Because the new law can sharply affect old agreements made under the assumption that alimony payments would remain tax-deductible it is important to seek legal counsel if contemplating a change to an alimony agreement. This change to the deductibility of alimony brings on new terms and issues that will need to be evaluated and agreed upon once again. Any changes to a prior alimony agreement could open up new tax questions.</p>
<p>Adapting</p>
<p>Whether you are new to the alimony process or have been paying alimony for years, and have questions it is important to know what the impact of the law may be. The new tax laws will definitely impact spouses, families, and households across the United States. With December 31, 2018, around the corner there is an urgency of finalizing your divorce before 2019.</p>
<p>For help on this and other legal advice related to divorce and family law call Debora A. Diaz, Esq. at 727-846-1802 or visit www.deboradiazlaw.com.</p>
<p>Written by Debora A. Diaz, Esq.</p>The post <a href="https://deboradiazlaw.com/alimony-no-longer-tax-deductible-looming-deadline/">Alimony No Longer Tax- Deductible: Looming Deadline</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>HOW SOCIAL MEDIA AFFECTS DIVORCE</title>
		<link>https://deboradiazlaw.com/how-social-media-affects-divorce/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=how-social-media-affects-divorce</link>
		
		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Fri, 07 Sep 2018 19:00:04 +0000</pubDate>
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					<description><![CDATA[<p>How Social Media Affects Divorce Privacy is not what it used to be. On a daily basis, we know more about a stranger than we care to, because of social... <a href="https://deboradiazlaw.com/how-social-media-affects-divorce/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/how-social-media-affects-divorce/">HOW SOCIAL MEDIA AFFECTS DIVORCE</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<p><div id="attachment_679" style="width: 310px" class="wp-caption alignnone"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-679" src="https://deboradiazlaw.com/wp-content/uploads/2018/08/Social-media-couple-300x182.jpg" alt="" width="300" height="182" class="size-medium wp-image-679" srcset="https://deboradiazlaw.com/wp-content/uploads/2018/08/Social-media-couple-300x182.jpg 300w, https://deboradiazlaw.com/wp-content/uploads/2018/08/Social-media-couple.jpg 700w" sizes="auto, (max-width: 300px) 100vw, 300px" /><p id="caption-attachment-679" class="wp-caption-text">Divorce and Social Media</p></div><br />
How Social Media Affects Divorce</p>
<p>Privacy is not what it used to be.  On a daily basis, we know more about a stranger than we care to, because of social media. While the things that people will share online can be comical at times; like what they ate for lunch or if they argued with a friend; more pressing matters are being affected because of social media. Such is the case with divorce.</p>
<p>1.	Pictures, Text, and E-mails</p>
<p>Digital information most likely will be admissible in court and now forms part of the evidence in a wide variety of court cases. People may not make the connection automatically, but what is shared and posted from their personal lives can significantly affect their divorce trial, especially if they have something to hide. Things posted on the internet are there forever. I advise clients not to post on social media while case is pending but if they do at the very least they should think how whatever is posted will be interpreted in court.</p>
<p>2.	Money Matters</p>
<p>For example, when it comes to money, a clear picture can be painted and constructed through social media. If one party in the divorce is shopping, traveling, and dining in expensive restaurants, having this registered through photos online, may not go over well in court. Of course, there is nothing wrong with any of those activities, but if it doesn&#8217;t line up with what is said in court, then we may have trouble. People often try to hide their income, wealth or affluence to avoid paying more substantial amounts of child support or alimony.</p>
<p>3.	<a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&#038;URL=0000-0099/0061/Sections/0061.13.html">Child Support</a></p>
<p>Both parents are responsible for the support of their children.  Thus, the obligation to pay child support is part of the effect of a divorce with minor children.  A side business might be something either party would consider hiding.  With technology being what it is today, this is more difficult than some might imagine.  It would be done to decrease reported income in order to not to have to pay a higher amount of money, in child support. Recently a man was discovered to be hiding the fact that he owned a business. A search of LinkedIn revealed the man’s company.</p>
<p>4.	<a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&#038;URL=0000-0099/0061/Sections/0061.13.html">Custody</a></p>
<p>If pictures are shared of either party staying out late, drinking alcohol to excess, or using drugs these posts could be used against the party engaging in that behavior.  In all likeliness, this will not be helpful to be awarded majority time-sharing of children who need responsible parental care.  Any social media posts that can be authenticated potential is evidence that will be admissible in court. The digital age has made the world smaller and privacy limited if we choose to engage in social media.  </p>
<p>Conclusion</p>
<p>The best advice, even if you have nothing to hide, is to stay away from social media until the divorce is over.  Just don&#8217;t do it! It will avoid assumptions about how you spend your time, money and resources. If by chance throughout the separation you meet someone and start dating, it would be smart as well, not to have this information available to your ex-partner.  I advise my clients to not post or flaunt new relationships on social media.  If the goal is to get the divorce resolved as amicable and as inexpensive as possible it is best not to inflame the emotions of the other party.  Know your rights.  To discuss divorce or other family law matters call 727-846-1802. </p>
<p>Written by Debora A. Diaz, Esq.</p>The post <a href="https://deboradiazlaw.com/how-social-media-affects-divorce/">HOW SOCIAL MEDIA AFFECTS DIVORCE</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>5 Things To Consider Before Telling Your Children About The Divorce</title>
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		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Fri, 20 Jul 2018 18:56:11 +0000</pubDate>
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					<description><![CDATA[<p>5 Things To Consider Before Telling Your Children About The Divorce Ending a marriage or a long-term relationship is never easy, even when it’s the right path to take. For... <a href="https://deboradiazlaw.com/5-things-to-consider-before-telling-your-children-about-the-divorce/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/5-things-to-consider-before-telling-your-children-about-the-divorce/">5 Things To Consider Before Telling Your Children About The Divorce</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
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<p>5 Things To Consider Before Telling Your Children About The Divorce</p>
<p>Ending a marriage or a long-term relationship is never easy, even when it’s the right path to take. For kids, however, the separation of their parents can be devastating. It is the end of the world as they know it, and it is critical for parents to be careful when they break the news.<br />
Here are a few things to consider before telling your children about the divorce: </p>
<p>1.	Talk about it with your soon to be ex-spouse first<br />
The <a href="http://lisaherrick.com/separation-and-divorce-work/guide-to-telling-the-children-about-the-divorce/">talk with your child about the divorce</a> is not a talk you should leave to chance. Regardless of the circumstances of the breakup, whose fault it is or who initiated it, your soon-to-be-ex and you are still a team, and you are both responsible for the news delivery. Sit down and work on some ground rules before you tell the kids. Agree on what you will say and how you will say it. Agree not to blame each other, not to fight with each other in front of the kids, and not to pressure your children to choose sides. In case the two of you can’t stand being in the same place at the same time, you can have separate conversations with your children, but make sure you both follow the same rules. </p>
<p>2.	Make time for the conversation<br />
While you can never tell exactly how much time the discussion will take, make sure you have at least an hour locked out of your schedule, so you can give your kids time to react and ask questions. Don’t try the easy way out by doing it in the car on the way to daycare or school, or minutes before you go off to work. Don’t do it over bedtime, either. Give your child plenty of time to contemplate on the news and be there for them to show support. </p>
<p>3.	Don&#8217;t tell it before it&#8217;s real<br />
If you think you and your spouse might still work things out and if you feel that the two of you might even have a chance, don’t tell your children about the divorce. It will only scare them. When someone files then it is time to tell the children.  Preferably tell them together.  Assure the children that you are not divorcing them, and that you both love the children. (I know that this is easier said than done).</p>
<p>4.	Routine is important<br />
At a confusing time such as a <a href="https://www.divorcemag.com/articles/how-to-tell-your-kids-about-your-divorce/">parents’ divorce</a>, children need to have substantial grounds they can stick to and feel stable. Maintaining routine is vital. Keep the kids enrolled at the same school, take them to the same sports and after-school activities, keep encouraging play dates with the same children they always play with, etc. It will help them understand that their world is still the same, and not tumbling down. </p>
<p>5.	Be honest with your child<br />
If you are sad about the divorce, it’s okay to let your kids see your sadness. However, don’t put the child in a position of having to comfort you. You are supposed to reassure them. You are the grown up here. Never badmouth your ex-spouse in front of the kids and never use the kids to spy on them or to pass messages to them.<br />
Divorce is never easy, but you can make it as bearable as possible for your child if you do the talk correctly. </p>
<p>Know your rights.  To discuss divorce or other family law matters call <a href="https://deboradiazlaw.com/" rel="noopener" target="_blank">Debora A. Diaz</a> at 727-846-1802.</p>The post <a href="https://deboradiazlaw.com/5-things-to-consider-before-telling-your-children-about-the-divorce/">5 Things To Consider Before Telling Your Children About The Divorce</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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		<title>Co-parenting Time-Sharing Issues During Summer Break</title>
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		<dc:creator><![CDATA[Debora Diaz]]></dc:creator>
		<pubDate>Fri, 29 Jun 2018 17:04:29 +0000</pubDate>
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					<description><![CDATA[<p>Co-parenting Time-Sharing Issues During Summer Break The summer break is hectic for all families and even more so for divorced parents with time-sharing schedules. Additional difficulties may emerge as summertime... <a href="https://deboradiazlaw.com/co-parenting-time-sharing-issues-during-summer-break/">Read more &#187;</a></p>
The post <a href="https://deboradiazlaw.com/co-parenting-time-sharing-issues-during-summer-break/">Co-parenting Time-Sharing Issues During Summer Break</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></description>
										<content:encoded><![CDATA[<p><div id="attachment_655" style="width: 310px" class="wp-caption alignnone"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-655" src="https://deboradiazlaw.com/wp-content/uploads/2018/06/Co-parents-child-300x182.jpg" alt="" width="300" height="182" class="size-medium wp-image-655" srcset="https://deboradiazlaw.com/wp-content/uploads/2018/06/Co-parents-child-300x182.jpg 300w, https://deboradiazlaw.com/wp-content/uploads/2018/06/Co-parents-child.jpg 700w" sizes="auto, (max-width: 300px) 100vw, 300px" /><p id="caption-attachment-655" class="wp-caption-text">Co-parenting Time-Sharing Issues During Summer Break</p></div></p>
<p>Co-parenting Time-Sharing Issues During Summer Break</p>
<p>The summer break is hectic for all families and even more so for divorced parents with <a href="http://bit.ly/2tG0alY">time-sharing schedules</a>.  Additional difficulties may emerge as summertime co-parenting can be in itself a difficult experience. For many parents, summer break time-sharing means long distance time-sharing, and this frequently equates to one of the parents being away from the children for an extended period, which can be very stressful.<br />
With years of experience in child custody and time-sharing resolution in Florida behind me, I want to help you combat some of the summertime co-parenting issues before and during the summer, so let’s get started.  </p>
<p>Plan Ahead Whenever Possible<br />
Planning doesn’t only mean planning the time of the vacation or the visit. Ex-spouses should be open with each other about what the child will be doing while in their care. If the child is going away to camp this summer, it’s essential to establish what your child needs for the trip and who is going to be the supplier. For example, if the child needs a beach towel or a swimsuit, it’s essential to establish at which household the child will keep their belongings. Planning the financial part is also crucial. Summer camps, along with increased child care during summertime will cost money. Always make a plan about covering the costs to ensure both parents know who’s in charge of what. </p>
<p>Transitioning Between Households<br />
It is essential to make the child feel welcome in the home of the parent they are visiting for the summer. The <a href="http://bit.ly/2KvAa2U">transition between households</a> needs to be as smooth as possible for the child.<br />
Children need to feel they have a space to call their own in every household, so setting up a personal space for a child is crucial for a successful transition. If the child doesn’t have their room at the house they’re going to be spending the summer at; the parent should at least make sure to empty some drawers or closet space before the child arrives.<br />
Setting similar rules for each household is the key to smooth transitioning: if one parent limits computer time and doesn’t allow the child to play video games more than twice a week, the other parent needs to ensure similar rules in their household. The child will be less confused and will not compare their parents, nor will they attempt to manipulate one parent into activities the other parent wouldn’t agree to in the first place. Co-parenting will work better if the parents can put aside their difference and be united in the rules for the children.</p>
<p>Let the Children Have a Say<br />
It’s easy to get caught up in arranging what works best for you and your ex-spouse while planning for the summer – and to forget to ask the children what they want.<br />
Let the children have a say in their summer plans, even if that means twisting the original idea a little bit. If your child participates in sports, fit their games and practice into the schedule. Older children can stress out over being away from “home,” especially during long-distance time-sharing. Teenagers often want to come home early because they miss their friends. Talk to your children about what they want and try to develop a strategy with your ex-spouse for any possible problem that may occur.<br />
Always keep in mind that this isn’t about the two of you, it’s about your children. No matter how the divorce might have affected your feelings and no matter how angry you might be, remember that this is not the time to set scores. Try to be a good co-parent for the benefit of children.</p>
<p>If you have any questions or concerns about your time-sharing and or parenting plan, know your rights.  Call <a href="https://deboradiazlaw.com/">Debora A. Diaz, Esq.</a> Family and Marital law Attorney at 727-846-1802.</p>
<p>Written by Debora A. Diaz, Esq.<br />
Family and Marital Law Attorney</p>The post <a href="https://deboradiazlaw.com/co-parenting-time-sharing-issues-during-summer-break/">Co-parenting Time-Sharing Issues During Summer Break</a> first appeared on <a href="https://deboradiazlaw.com">Law Office of Debora A Diaz</a>.]]></content:encoded>
					
		
		
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