Social media and mobile use have become so common that it’s almost impossible to meet someone who isn’t on at least one of the major social networking sites – Facebook, Instagram, or Twitter, or uses their mobile phone to communicate. But while using social media is primarily done to stay connected to family and friends, updated on pop culture, and for entertainment, what you share can be used to build a case against you in court. 

It only takes a few seconds to post on social media or send a text message. However, these actions could have long-lasting and unforeseen implications in divorce and child custody cases. Here’s how your social media use and texting behavior can be used against you in family law litigation. 

Used as Admissible Evidence 

In Florida, “relevant evidence is evidence tending to prove or disprove a material fact.” Therefore, internet use such as social media postings, direct messaging, or even text messaging can be used as evidence as long as they are relevant, authentic, and demonstrate that the posting “falls within a recognized exception to hearsay.” 

Influence a Child Custody Case 

What if you text your spouse claiming that you can’t pick up your child for your weekend because of a work-related retreat, but then your social media exposes a different story? 

The opposing side can use your social media posts and text messages against you in a child custody or child support case. Posts and texts from months or years ago may come back and haunt you, particularly if they reveal that you are an unfit parent or that you are living somewhere that may endanger your child’s safety. Your social media profile may even reveal romantic relations with someone who is not your spouse or frequent partying with drug and alcohol use. 

Because Florida judges use the best interest of the child as a primary consideration in ruling on parenting arrangements, social media posts and text messages that expose poor parenting may ultimately hurt you in court. 

Proof of Financial Standing 

What if your ex-spouse claimed in court that they didn’t have work, yet they posted online about their job? What if you claim to have low income, but your Instagram feed is full of all your expensive vacations and purchases? 

Florida law requires that assets and debts of the divorcing couple be divided in a fair and equitable manner. Because equitable doesn’t always result in an equal split, one or both of the spouses may not be so honest about their financial standing. 

But because relevant social media posts and other digital behavior can be used as evidence against you, anything you post that reveals the truth about your finances may be used by the opposing side. So if you’re in the middle of a divorce case, think twice before you post photos of you on a yacht you haven’t declared or show off how the luxurious lifestyle that you have no trouble affording. 

Before you post on Facebook, Instagram, Twitter, Snapchat, or whatever your favorite social networking channel is, think about how the contents of your posts may be introduced in a case against you someday, impacting alimony/spousal support, child custody, child support, and property division. 

If you need help with your divorce or child custody case, and you worry about your digital footprint and social media and texting history, 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, Esquire

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.

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.

Be prepared.  The more information and documentation you can provide your attorney at your very first conference, the easier it will be for your attorney to represent you efficiently in your divorce. When you make things easier for your attorney by providing detailed information at the very beginning, your attorney will be able to be more efficient and streamline the divorce process.  Divorce attorneys bill on an hourly basis.  This article outlines the type of information and documentation that you should be prepared to provide your attorney at your first meeting.  If you are unsure about providing something to your attorney, bring it.  It is better to provide your attorney with too much information than to leave something out.

1. Bring A List of All Assets, Including Both Marital and Non-Marital Property (With Each Asset Clearly Labeled)
2. Assets include property that you or your spouse own that has value. Assets can be either real assets or personal property. A complete list of assets includes your pots and pans, your linens, your vacation home or time share, all collections, jewelry, cars, boats, power tools, etc. Assets are divided between the parties either by agreement or by court order. It is important that your attorney is aware of all assets of the parties.
3. Assets are either marital or non-marital. Marital property is typically any property acquired during the marriage. This property is subject to division. Initially there is a presumption that all property owned by the parties is marital property, subject to division by agreement or by a court. If one of the parties claims an asset is non-marital property they bear the burden of proving that status.
4. Property can be held to be nonmarital property under a number of circumstances. Property that one spouse acquired prior to the marriage can be nonmarital, but the party making claim must be able to document the timing of the property acquisition. Property can be found to be nonmarital even if it is acquired during the marriage if it is an inheritance or gift to one spouse but not the other. Any increase in the value of nonmarital property is typically also considered nonmarital property. Any existing pre-nuptial agreement can affect the status of the property.
5. The issue of marital or nonmarital property can be complicated, but it is also very important. Bringing any and all property documentation to your first meeting will save you time and money.

     6.  Bring A List of All Debts

You will need a complete list of all debts. Debts include not only your mortgage and car loans, but also credit card debt, student loan debt, and past due child support.

7. Next, provide details of all debts for both parties. Documentation is very important. Do not leave out a debt just because it is only in your spouse’s name. All debts should be listed. Debts can also be marital or nonmarital.
8. In addition to identifying all debts, it is very important to document the date or dates the debt was incurred.

With appropriate information and documentation, your attorney can achieve the most favorable division of any debt.

Reach Out to Us for Help

Call Florida Divorce Lawyer Debora A. Diaz, Esq., today to discuss your family’s needs.

Know your rights.  I can help.  For a reduced fee consultation on child custody or other family law issues please call my office at 727-846-1802 or email me at deboradiazlaw@gmail.com

Written by Debora A. Diaz, Esq.

Divorce & Marital Law

How to Make Changes to a Parenting Plan or Support Order

Oftentimes when a couple has parted amicably and are trying to show their child or children that they can get along with each other, modifications and changes to child support and custody will occur outside the courtroom.  It may begin with someone getting a new job and needing to work more or different hours, perhaps someone lost a job and they want to have a temporary reprieve from child support. These types of agreements between exes can be useful if they are sporadic or a result of an emergency situation, but when they are performed too often patterns get set, expectations fall into place and before long the cooperation fades to irritation. Usually by the time a lawyer is involved in a modification or a return to court, both parties are unhappy with the other making it more difficult to develop a new plan or modification.

Know When to Involve Your Lawyer

Changes to alimony, or child custody can be informal when they are temporary.  Changes that extend past a one-time occurrence or involve a child’s parenting plan must require a court’s order to be binding. It is a form of contempt to violate the original terms of your agreement even if both parties agreed that it would be “OK”.  This is why it is important to work through your child custody lawyer and return the issue to the court so that everything is in writing, legal and recorded.

It may be that your changes are minor enough that attorneys for both parties can agree to note the agreement and file it without anyone returning to court.  Most attorneys look for ways to avoid going back into a courtroom, and minor changes rarely require trials. When it comes to child custody, most family law attorneys will defer to the path that makes the most sense for the child.

Major Modifications

When there are major modifications to the parenting plan, child support, or even alimony because of a job loss or job requirements then you absolutely have to work with your family law attorney to have a judge approve them. Judges render decisions based on the laws of the state. Child custody and child support laws of Florida are very strict, and it would be easy to get on the wrong side of the judicial system if you were to try and work around the rules. The court may issue a temporary modification or a permanent modification, but you will have to make a good argument for it based on the statute because they guidelines set by law.

As a family law attorney that specializes in child custody I try to work for the most reasonable and optimal solutions that provide the maximum benefits possible for the child and client.  I will evaluate your situation and advise you as to whether a modification is likely to be denied or granted.  When I can provide quick, effective solutions that benefits both child and parent I have done my job.

Know your rights.  I can help.  For a reduced fee consultation on child custody or other family law issues please call my office at 727-846-1802 or email me at deboradiazlaw@gmail.com

Written by Debora A. Diaz, Esq.

Divorce & Marital law