Holidays can be a difficult time for everyone. If we add the hardships of a break up of a relationship or a recent divorce 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:

Take It One Day at a Time
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.

Anticipate Problems
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.

Additionally, timesharing 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.

Create an Agenda
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 stress. 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.

Make New Traditions
Perhaps the most challenging aspect of the holidays are the traditions 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.

Replace Guilt with Taking Care of Yourself
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.

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.

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

Written by Debora A. Diaz, Esq.

Alimony Deadline looming

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 change quickly and the deadline for the ability to deduct alimony payments from your taxes will end this December 31, 2018.

New Rules of the Game

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.

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.

What Exactly is Alimony?

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 Florida Statutes section 61.08. For a thorough discussion of alimony issues schedule a consultation with an experienced attorney to discuss all the factors that determine alimony.

One Big Pay Out of Lump Sum

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.

Reestablishing New Agreements

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.

Thus, the new tax law could affect these new documents in the future.
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.

Adapting

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.

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.

Written by Debora A. Diaz, Esq.

Divorce and Social Media

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.

1. Pictures, Text, and E-mails

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.

2. Money Matters

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’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.

3. Child Support

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.

4. Custody

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.

Conclusion

The best advice, even if you have nothing to hide, is to stay away from social media until the divorce is over. Just don’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.

Written by Debora A. Diaz, Esq.

www.deboradiazlaw.com

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 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.
Here are a few things to consider before telling your children about the divorce:

1. Talk about it with your soon to be ex-spouse first
The talk with your child about the divorce 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.

2. Make time for the conversation
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.

3. Don’t tell it before it’s real
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).

4. Routine is important
At a confusing time such as a parents’ divorce, 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.

5. Be honest with your child
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.
Divorce is never easy, but you can make it as bearable as possible for your child if you do the talk correctly.

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

Co-parenting Time-Sharing Issues During Summer Break

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 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.
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.

Plan Ahead Whenever Possible
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.

Transitioning Between Households
It is essential to make the child feel welcome in the home of the parent they are visiting for the summer. The transition between households needs to be as smooth as possible for the child.
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.
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.

Let the Children Have a Say
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.
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.
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.

If you have any questions or concerns about your time-sharing and or parenting plan, know your rights. Call Debora A. Diaz, Esq. Family and Marital law Attorney at 727-846-1802.

Written by Debora A. Diaz, Esq.
Family and Marital Law Attorney

www.deboradiazlaw.com

What You Should Consider When Relocating with Children After Divorce

After a divorce, one of the parents may decide to move to a distant location. With children involved, relocating needs to be approved by the court and it requires several steps.
If the child moves out of state, it’s highly unlikely that the same time-sharing schedule will work with both parents. In Florida, the courts have to balance the right of the custodial parent to move for reasonable and legitimate reasons with the right of the parent who doesn’t relocate to maintain meaningful and steady contact with the children.

Relocation Defined
According to Florida laws, relocation is defined as moving 50 miles or more away from the current residence, for a minimum of 60 days. Temporary residential changes for vacation, medical care, or education of the child are not considered relocation.
The state allows parents to agree on relocation by signing a written agreement that contains all the terms of the relocation and newly defined custody agreements. This agreement has to:
● Present that both parents agree to relocation
● Distinguish a time-sharing schedule for the non-relocating parent
● State the way parents intend to handle transportation of the child for visitations
After the parents decide, they can file their signed contract with the court with a request for ratification without having to attend a formal hearing.

Filing a Petition
In cases where parents don’t agree on the relocation, the parent who wishes to move needs to file a petition to relocate to the court, and serve it on the non-relocating parent, according to Florida Relocation Statute (Fla. Stat. § 61.13001).
This petition must be signed under oath under penalty of perjury and include the following:
● The exact address and phone number of the location where the parent wants to move
● The date of the proposed relocation
● Strong reasons for relocation, including copies of a job offer, if applicable
● A proposed time-sharing schedule for the non-relocating parent
● A proposed transportation plan for the child for time-sharing; and
● Notice in all caps to the other party that a response is required.

After this notice gets served to the non-relocating parent, he/she has 20 days to file a response. In case the non-relocating parent does not respond within 20 days, the court can approve the relocation without a formal hearing. It is imperative for the non-relocating parent to act quickly and prepare a response. The response must include rational reasons why the relocation shouldn’t be allowed and a clear statement about the level of involvement the non-relocating parent has in the child’s life.
In case a parent relocates a child without court’s approval, this unapproved move will be taken into account when the judge decides whether to order returning of the child, pay the other parent’s attorney costs, or modify the initial custody arrangement in favor of the other parent.

How Courts Decide Whether to Allow Relocation
When deciding whether to approve child relocation among the factors the court shall consider is the duration of the child’s relationship with both parents, the age and developmental stage of the child, the feasibility of preserving the relationship between the child and both parents, and reasons given for the relocation. When evaluating the factors, the court is looking to the child’s best interest. A parent who has a relocation plan needs to prove to the court that this relocation is in the child’s best interest, as opposed to the parent’s best interests alone. If you are thinking about relocating after a divorce please seek legal advice before you relocate.

Know your rights. If you are considering relocating with a minor child seek advice. To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

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.

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