worker in neck brace and arm bandage sitting at table and writing with pen in office, compensation

Is a Personal Injury Settlement a Marital Asset in Florida?

Various categories are involved in personal injury settlements, including lost wages, medical expenses, and emotional harm. In some cases, it may even be possible to receive compensation for the repair or replacement of any property that was involved in the accident. You may also seek additional losses in specific circumstances. A lump-sum settlement is the most common way that personal injury settlements are paid. But in some cases, the settlement may involve structured payments made over months or even years.

Questions about the Award?

If you receive a personal injury settlement, you may be wondering if the funds you receive will be considered marital assets.  If you receive the payout during your marriage the award could be considered marital. Florida is an “equitable distribution” state. This means that assets accumulated during the marriage should be divided equally during a divorce.

Is Award Marital?

Florida, like other states, generally does not consider personal injury awards as marital property. However, there are exceptions to the rule. If you are awarded a personal injury settlement and worry that it may be considered marital assets, pay attention to these exceptions if you want to protect the settlement.  If the award is considered marital your spouse may be entitled to a portion of the award.

Exceptions to the Rule

Generally, personal injury awards are not considered marital property because they are awarded to cover the injury. However, there are situations that can make personal injury settlements subject to property division during a divorce.

Commingled funds

This can happen when the funds are placed in a joint account and used for marital debts and expenses, such as general household expenses and bills. To avoid the money becoming communal funds, keep the funds in a separate account titled only in your name.  You should consider this if you believe that your marriage will ultimately end in divorce. Or if your spouse did not contribute to the household during your injury and recovery. It is a good idea to get legal advice on this issue.

Records are Important

To prevent the courts from viewing your decision to place the funds in a separate account to hide assets during the divorce process, be ready to prove that the funds are being spent for the purpose they were awarded, which is personal injury recovery. Keep a record of how the funds were spent, such as hospital and therapy bills.

Injury Related Expenses

Marital assets were used to pay for injury-related expenses – The process of claiming a personal injury settlement can be a long one. During the legal process, you may need immediate medical treatment and need to pay out of pocket. If marital funds were used to pay for medical services and other injury-related expenses, the amount spent may be taken from the settlement funds and considered marital assets.

Uninjured Spouses Supported the Household

Uninjured spouses supported the household – Personal injury settlements typically include lost wages during the period that the injured party could not work. If the uninjured spouse worked and supported the household, the funds awarded for lost wages may be placed into the marital estate.

Keeping the personal injury compensation separate is the key to protecting your funds from becoming marital assets and subject to division during a divorce. However, you also have to consider whether your spouse supported the household while you recovered from your injury or if marital funds were used to pay for your medical expenses.

Whether you are the injured party or the uninjured spouse who may be entitled to a portion of the personal injury award, you should seek the advice of an experienced divorce lawyer.

Call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. All consultations are by telephone or video conferencing for efficiency and convenience.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Social Security Benefits for Divorced Spouses in Florida

As a divorced spouse, you may be eligible to receive Social Security benefits from your ex-spouse’s work record. However, before you can receive any help, there are requirements and criteria to meet. Here is what you need to know about social security benefits for divorced spouses in Florida.

Collecting Social Security from your Ex’s Work Record

If your ex-spouse is entitled to collect Social Security retirement or disability benefits, you may also be eligible to collect spousal benefits on their earning record. However, you can only collect spousal benefits from your ex-spouse’s social security if you meet specific criteria.

First of all, the marriage should have lasted at least ten years. Following your divorce, you should not have remarried. You don’t necessarily have to be single: you just can’t be legally married. You will lose eligibility to collect benefits if you remarry while receiving benefits based on your ex-spouse’s entitlement. Lastly, you must be 62 years old when you apply for spousal benefits.

At the minimum required age of 62, you may be able to receive 32.5% of your ex-spouse’s benefits, regardless of whether or not they applied for benefits as well. The highest you can receive is 50% of their benefits, as long as you’ve reached retirement age, which will be at some point 67 years old. Social Security benefit rules are complex.

Don’t expect to receive combined benefits. You can still claim ex-spousal benefits even if you already receive retirement benefits on your work records. However, if you file for ex-spousal benefits, Social Security will only pay whichever of the two amounts are higher.

Survivor Benefits

If your ex-spouse is deceased, you may be entitled to survivor benefits, which involve receiving 100% of the amount your ex-spouse was eligible to receive if they never claimed benefits. It’s worth noting that any benefits you receive from your ex’s work record will not affect the benefits paid out to them by Social Security; it will also have no impact on their current spouse, assuming they remarried.

How to Apply for Social Security Benefits

To file for spousal benefits, you can visit the Social Security Administration (SSA) office or file online on their official website. You are not required to inform your ex-spouse of the application, as it will not affect any of their social security credits. You will have to provide the following requirements:

• Birth Certificate or any legitimate confirmations of your birth details
• Official proof of citizenship or legal immigration status
• Ex-Spouse’s Social Security Number
• Marriage Certificate
• Divorce Decree

During the filing process, you will include your work record and ex-spouses. Because this ensures they can seek a higher benefit percentage from both of you, you will only receive the highest one.

To learn more about what you may be entitled to receive even after a divorce, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. Consultations are by telephone or video conferencing.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

High Conflict Divorce Florida

Divorce can be bitter and even more intense when the divorcing couple shares a child or children and cannot agree regarding their child’s future. There may be arguments about what school their child will attend or what sport they play. They may argue about which of them will become the custodial parent. They may fight over time-sharing schedules and may not agree on how much time the child will spend with each parent. One parent may insist on more time.

Emotions are a Key Component of a High Conflict Divorce

When emotions become too intense, or one or both parents become verbally or even physically aggressive, the custody case is considered “high conflict.” Generally, high conflict scenarios can happen when one or both parents are too emotional to communicate reasonably. This inhibits the parties’ ability to come to a peaceful and mutual understanding. One parent may be a narcissist. In high-conflict divorce custody cases, expect bad mouthing, inability to let go, refusal to compromise, constant blaming, lying, and a desire for revenge.  The parties will also use the child or children as pawns.

High conflict divorce custody cases can have detrimental effects on the kids, hurting them emotionally, mentally, and psychologically. These traumas can have short-term and long-term effects. Therefore, the goal should be to eliminate the conflict and de-escalate the situation.

Solutions that can help in negotiating high conflict custody cases

High conflict divorce custody cases are not only messy and emotionally and mentally damaging but also the most expensive. When co-parents cannot agree, the divorce and custody battle gets drawn out. This potentially costs you more money in the long run. The litigation battle can last years in high conflict cases. If you find yourself in a high conflict custody battle, you may want to seek the help of trained professionals, such as:

Family Therapist

Family therapists or mediators help create a communicative and safe environment for the entire family. They allow for both the parents and the children to find a peaceful resolution to the high conflict issue between the parents.

However, family therapy will only work if both parents agree to it. In many high conflict cases, one parent is unwilling to compromise because they believe they are right about everything. Most likely they won’t want to attend family therapy out of fear that someone other than their ex-spouse will point out their faults.

However, most likely both parents, despite their bickering, share a deep love for their child and are willing to do whatever it takes to ensure their child’s best interests. The parties may at least agree to attend family therapy or parenting counseling to help them reach a compromise.

Family Mediation

Family mediation programs help disputing parties find and explore acceptable resolutions in child custody conflicts, including parenting responsibility, child support, and parenting plans. It can help de-escalate high conflict cases by encouraging discussion between parties. The Florida Supreme Court can provide trained family mediators, often in law and healthcare.

Family Divorce Lawyer

Custody cases can get ugly. If you find yourself in a high-conflict custody battle with an ex-partner who is being unreasonable, it may be time to seek the help of an experienced family divorce lawyer. The right family lawyer can help ensure you will not be bullied, threatened, or manipulated by an aggressive spouse. Your lawyer will also look out for you, ensuring that your behavior doesn’t hurt your case and cause you to lose custody or certain parental rights.

Parenting Coordinator

Parenting coordinators help parents talk through differences and make child-related decisions. The process typically begins after the court issues the final custody order, but parents can also use coordination to negotiate a settlement.

For more help on high conflict divorce custody cases, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. All consultations are by telephone or video conferencing.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

In Florida, the courts believe that both parents should take responsibility for their child’s best interests. While the goal is to achieve equal time-sharing, one parent may have the majority of time-sharing.  This is known as “sole custody” in other states. There are also scenarios when one parent is designated as the “custodial parent”. The custodial parent has more parenting time with the child. In this case, the other parent is the “noncustodial parent.”

The judge can make a decision such as who gets sole custody, becomes the secondary parent, or how to divide time-sharing equally. However, the courts can also revoke child custody without hesitation, especially if a parent endangers their child or there is substantial evidence that the terms of the agreement have been violated. Here are the top 3 reasons why a parent may lose their child custody rights:

1.   Parental Alienation

If the parents got along, they probably would not have divorced in the first place. Therefore, it’s understandable that ex-partners will not have good things to say about one another. However, when a parent engages in a consistent pattern of behavior that intentionally hurts their child’s relationship with the other parent, this is could be “parental alienation.” One parent may do this to turn their child against the parent. The parent engaging in this behavior is hoping to deprive their ex-spouse of a relationship with the child. Other parents may think this is a good strategy to “win” as the custodial parent may receive more financial support.

These acts of manipulation are far too common, and the courts have created protections against these behaviors. In Florida child custody cases, acts of parental alienation may be reason enough for the courts to reduce parenting time.  The court may also order supervised visitations.  In extreme circumstances, the offending parent could or lose all custodial rights.

2.   Unsafe Environment

A parent living in a home that poses safety hazard risks may lose custody rights. Allowing a child to live in an unhealthy and dangerous environment is a form of neglect. This doesn’t only apply to the parent’s house but also the neighborhood or the building since the child will be exposed to the surroundings beyond their home. Filthy and unsanitary living conditions infested with vermin or mold are examples of environments to which no child should be exposed. Substance abuse by a parent that endangers a child is also unsafe. Custodial rights may be revoked or limited for these reasons.

3.   Unfit Parent

Florida Statute 751.05 describes a parent as unfit if they have “abused, abandoned, or neglected the child.” Parents that are deemed unfit by Florida courts can lose child custody for not only failing to meet the child’s best interest but also endangering the child. Parents that have a severe mental illness or substance abuse fall under this category, along with parents proven to abuse their child physically and mentally. The courts will revoke child custody to distance the child from erratic behavior that puts their health, wellness, and life in danger.

If you have any more questions about child custody in Florida, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.  For efficiency, all consultations are by telephone or video conferencing to protect our staff and clients.

Attorney Diaz exclusively practices divorce and family law in Florida. She has been providing legal services since 1995.  She has extensive experience in high conflict cases. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Divorce and child custody scissors cutting family apart

Child support is a court-ordered obligation of the financial responsibilities for a child’s care.  Child support in Florida is the obligation of both parents, regardless of their relationship status (single/married/divorced).  It includes maintenance, training, and education. How is child support determined in Florida? We answer the most frequently asked questions about child support.

How is child support calculated?

Child support in Florida follows a child support guidelines worksheet and an Income Shares Model of Support. This model is based on individual incomes and an estimate of what the parents would have likely spent on their child had they not divorced. The amount of child support payable is also based on the time-sharing schedule. It also includes the number of children involved.  Another issue in calculating the amount of support is children from another relationship.  Sometimes the parents can agree to a child support amount that falls within the guideline amount.  The court will likely approve the amount if it is within the Florida guidelines. However, the judge has the authority to vary from the Guidelines in certain circumstances.

Who is granted child support?

The custodial parent, or the parent legally determined to be the majority time-sharing parent, usually receives child support from the non-custodial parent. But this depends on the income. Because usually, the custodial parent spends more time with the child, they will be the one providing direct financial support to the child. However, because the income of the parties is part of the calculation of child support this may not always be the case.

What if the parents have joint custody or equal time-sharing?

When parents share joint custody and time-sharing is equal, child support is still determined by the parents’ resources.  The parent’s current assets and income from all sources are also considered. Even in an equal time-sharing arrangement child support may still be owed by one parent.

What does child support cover?

Child support aims to ensure that the child continues to be provided with an acceptable standard of living.  This is based on what the parents may have spent on their child had they not divorced. Therefore, child support typically covers food, clothing, educational expenses, medical costs, hobbies, activities, and entertainment. Child support can also include household costs, such as utility bills. Child support is paid to the parent, not the child. Note that in Florida the child support guidelines have not changed in many years!

How is child support paid?

Child support may be paid by direct deposit, bank transfer, or state-issued debit card. If the parties agree child support can be paid directly to the receiving parent. In some circumstances, an Income Deduction Order for wage garnishment may be used to retrieve child support payments.

How long does a parent have to pay child support?

Under most circumstances, child support ends when the child reaches their 18^th birthday. However, support may be required to continue beyond the child’s 18^th birthday. When the child turns 18 while they are still in high school but will graduate child support will continue.  If there is a special needs child there also may be a basis for the continuation of child support.

What if I can’t locate the parent who owes support?

Florida’s Child Support Program sometimes can help locate a parent that owes child support by using local, state, and federal resources. If you are finding a man that is not considered the child’s legal father, DNA testing will be required to establish paternity. Once paternity has been established after the administrative process child support will become the father’s court-ordered obligation.

Can child support be enforced?

Child support orders can be enforced to ensure that you receive child support payments regularly. Some methods used to enforce child support include income deductions, IRS intercepts, freezing bank accounts, real estate or personal property liens, lottery intercepts, passport denial, and suspension of licenses. The paying parent who fails to pay child support may be referred for contempt at court and potentially face penalties such as jail time.

Can child support be modified?

Circumstances can change; a parent may lose their job and source of income, or the parent may get a substantial raise. Anytime a parent experiences an increase or decrease in income, their child support obligation will be impacted, and child support payment amounts may need to be recalculated.

If you have any more questions about child support in Florida, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.  For efficiency, all consultations are by telephone or video conferencing to protect our staff and clients.

Attorney Diaz exclusively practices divorce and family law in Florida. She has been providing legal services since 1995.  She has extensive experience in high conflict cases. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

www.deboradiazlaw.com Know your rights

Unmarried But Fathered a Child: What Are My Rights?

Under Florida law, an unwed mother is automatically the child’s legal custodian. Therefore, the mother has the legal right to deny the father the right to visit their child. Even if the father’s name is on the child’s birth certificate, the father is not automatically awarded legal rights. The mother can allow the father visitation if she wants to.  The mother has the right to decide visitation limits and restrictions.

If the father and the mother decide to get married the father automatically becomes the child’s legal father. Upon marriage, the father shares the same parental rights as the mother.  The father will not have to file a paternity action because the marriage legitimizes the child.

What if I have no plans to marry the mother of my child?

If you fathered a child but are not married to the mother and have no plans to marry the mother in the future, you can assert your parental rights by first establishing paternity. By establishing paternity and filing a paternity action, you can be named the child’s legal father. With parental rights, you will be able to seek parental rights, time-sharing, and decision-making rights.

How do I establish paternity?

If you agree

If you and the mother of the child agree, you can sign a “Voluntary Acknowledgment of Paternity form and file it with the court. If neither of you revokes the acknowledgment form within 60 days, Florida courts will recognize you as the legal father and be awarded parental rights.

If you do not agree

If you and the mother do not agree, you can file a Petition to Determine Paternity and Related Relief form. By filing the petition you are asking the court to establish paternity, a time-sharing schedule, and child support. The court may ask you to undergo a scientific paternity test or DNA test to prove that you are the child’s biological father. Once it’s been established that you are the child’s biological father, the court will create a custody plan, time-sharing schedule, and calculate child support.

How court decides

Florida courts make custody decisions based on the best interests of the child. In establishing timesharing the courts look to several factors to make a determination. The courts will consider both the physical and mental health of you and the child’s mother. Another factor the courts will consider is each parent’s ability to provide a consistent routine for their child. The court will look at your plan to divide parental responsibility. The court will also take into consideration any history of domestic violence or substance abuse.

As the father of the child who is not married to the child’s mother, it’s natural to feel that you may not be awarded fair time-sharing. It’s also possible that you may want full custody of your child. Before you decide to represent yourself to assert your parental rights, consider having an experienced family lawyer to guide you and help protect your rights.

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

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

For convenience, all consultations are by telephone or video conferencing. Attorney Diaz practices exclusively in divorce and family law issues in Florida.

www.deboradiazlaw.com

The Importance of Legal Representation for a Divorce If You Have Assets and Children

Dissolving a marriage can be a stressful experience regardless of whether you’re the one receiving papers filed by your spouse or you are the one initiating the divorce process. Florida recognizes three types of divorce: simplified dissolution of marriage, uncontested divorce, and contested divorce. A simplified dissolution of marriage sounds ideal; it’s straightforward and only typically takes 30 days. However, if you have assets and children, you’re not eligible for a “quick” divorce.  You will need to prepare yourself for an uncontested or contested divorce.  It is highly recommended in order to protect your interests during a divorce and ensure the best outcome to seek the representation of an experienced family law attorney.

Here’s why:

Experience

For most people, the extent of what they know about the law, including divorce law, is what they see on television or what they find on the internet. However, courtroom dramas are not real life. You likely have a basic idea of the language used to discuss alimony, child support, settlement agreements, modifications, parenting plans, and division of assets. An experienced family lawyer will support and guide you throughout the divorce process, ensuring that your minimal or lack of knowledge in divorce law is not taken advantage of.

Avoid future conflict

You may agree to something because it sounds reasonable at the moment, not realizing that it may result in a conflict later on. An experienced lawyer will cover all aspects of your divorce thoroughly and try to ensure that no new problems will arise in the future.  Getting legal advice early on can prevent issues later.

Meet deadlines

Divorce that involves assets and children involves a lot of other processes to prepare for, such as preparing all your assets documentation, parenting plans, alimony, child support, and so on. For your divorce to go smoothly and be resolved in the quickest time possible, you need to stay on track. Your lawyer can help ensure that you meet all your requirements and deadlines so that there are no delays. The divorce process will involve a lot of paperwork, and incorrect filing can delay your timeline. Your lawyer will help ensure you have all the necessary paperwork and file it correctly and on time.

Objective decision-making

Emotions run high during a divorce, especially when children are involved. Florida is a no-fault state. However, your actions during the divorce process may impact time-sharing or custody decisions, potentially affecting your time-sharing with your children. While your divorce lawyer is there to support and guide you, they will follow the rules of law.  They will provide unbiased and practical advice to help you make sound decisions and avoid actions that may hurt your case.

Save money 

All the moving parts in a divorce cost time and money. Without a lawyer, you may not be approaching your divorce in the most efficient way possible. Mistakes and lack of legal experience can cause delays and cost money. And what’s worse, you may end up without your fair share. 

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

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

For convenience, all consultations are by telephone or video conferencing. Attorney Diaz practices exclusively in divorce and family law issues in Florida. 

Alimony Florida
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How Does the Judge Determine Alimony in a Divorce?

The divorce process can be difficult for many people, but it can also be confusing. One aspect of divorce that is often misunderstood is alimony. What does the judge look at when determining alimony? How much will you get if you are awarded alimony, and what are some things to consider as part of divorce negotiations? To better understand how judges in Florida determine alimony, let’s discuss the different types of alimony and the factors affecting the court’s decision.

Types of Alimony

There are different types of alimony. Temporary alimony covers the time between divorce or separation, as well as divorce proceedings. There will need to be an end date when negotiating your settlement agreement; it can only last up until one party remarries or cohabits with someone else (in other words, they may get less money) unless the parties agree otherwise.

You might want temporary alimony if you do not have any means of supporting yourself while going through divorce proceedings and need more time to find a job following divorce. Alimony will often favor the spouse with lower earning potential because of caregiving duties—such as childcare and eldercare.

Another type of alimony is rehabilitative alimony. This can be awarded to someone who needs time and financial support to get back on their feet following divorce or separation. It’s typically only granted for three years, but it might last another five if the person receiving payment continues getting better during that time frame. This also depends upon whether they have family members or friends helping them out with day-to-day living expenses.

There is also permanent alimony. Florida permanent alimony is periodic payments of financial support paid to an ex-spouse for an indefinite duration. The purpose of Florida’s permanent alimony law is not to divide future income. Instead, it is to provide for the needs of a former spouse, as they were established during the marriage. Permanent alimony is only proper when the evidence shows a permanent inability of the ex-spouse to become self-sustaining. Permanent alimony is typically only awarded upon the divorce of a long-term marriage which is defined as a marriage lasting 17 years or more.

Factors That Determine Alimony

Florida divorce laws are not as rigid as some other states, and the judge will have a lot of discretion in awarding alimony. Many factors determine how much alimony one party should be awarded to the other, such as length of the marriage, health, work history, and age.

For example, if one spouse is significantly older than the other, then they might get more alimony because they will need it for their retirement. Healthy spouses might not need alimony as much.

Which spouse has custody of the children is also taken into account when deciding alimony. A parent who spends more hours taking care of their child may get less help from an ex-spouse’s support payments than someone with fewer dependents to take care of.

A divorce case can have many different outcomes depending on how much money either party makes, what property they own together or individually, and other factors such as adultery in the relationship, among others. The divorce courts in Florida will also consider how much time a person has spent in the workforce and what their earning potential might be.

Attorney Diaz has served the Tampa area since 1995 and can answer your child support questions, including how to enforce child support. Attorney Diaz practices exclusively in divorce and family law in Florida.

If you would like to discuss the specifics of filing a petition or modifying an order for alimony call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.   For convenience, all consultations are by telephone or video conferencing.

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

Divorce Assets
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It’s hard to think about the worst-case scenario when you plan to get married. After all, thinking about the possibility of you or your spouse asking for a divorce someday can dampen the mood of marital bliss and romance. This refusal to recognize the possibility of divorce and the fear it will ruin the romance is why many couples refuse to consider prenuptial agreements.

But what if you acquired property and saved a significant amount of money? Or what if you made potentially high-yielding investments before you got married? The reality is that being unprepared for this possibility of divorce may leave you worrying about how to protect your assets someday.

Plan Ahead to Protect Your Assets

It can be easy for one spouse to take advantage of the other. It is important to plan ahead of the divorce. That is why divorcing couples should consider taking legal steps before anything goes wrong with their relationship and all assets become shared property. Ways you can protect your assets include prenuptial agreements and estate planning.

If you are preparing for a divorce and have no prenuptial agreement in place, there are still things you can do to protect your assets from your soon-to-be-ex.

Tip: If you are going to receive an inheritance it is a good idea to consult an attorney if you wish to keep the inheritance protected in a divorce.

Understand the Basics of Division of Marital Assets: Know what you are entitled to.

In Florida, divorce proceedings are equitable.  This means that spouses will not be entitled to more than they would receive if the divorce had occurred without fault. 

The law on the division of marital assets means that divorce courts will not favor one spouse over another. The divorce proceedings are more or less a 50/50 split with some wiggle room for exceptions based on factors like adultery, mental abuse, etc.

Division of marital assets includes things such as property acquired during the marriage. These often include the house, car, investments, retirement accounts, and anything else acquired during the marriage. These are typically split evenly between spouses.  There are some exceptions for things like divorce settlements or agreements reached before divorce proceedings began.

The divorce process also includes other assets, such as pension plans and retirement accounts. That said, it is essential to know what you’re entitled to in a divorce before negotiating the terms of such with your spouse. In Florida, both parties must agree about how to divide these types of assets.

Therefore, one of the first steps when going through a divorce is to classify property into marital and separate properties. Only marital assets and debt are subject to equitable distribution. So if you have assets that qualify as individual property, your spouse is not entitled to it.

Differentiating marital properties from separate assets is usually a straightforward process. However, it can become complicated in high-asset divorces.  Sometimes spouses demand more than they are entitled to. If you have separate assets and worry about your spouse fighting to take a portion of it, hire an experienced divorce attorney who will represent your interests. All cases are fact-specific.

Attorney Diaz has served the Tampa area since 1995 and can answer your questions regarding the division of assets.  Attorney Diaz practices exclusively in divorce and family law in Florida.

If you would like to discuss the specifics of your assets and the impact of a divorce call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.   All consultations are by telephone or video conferencing in order to protect our staff and clients.

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

Child Support Florida
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Definition Child Support

Child support refers to the court-ordered payments that parents must pay to support their child’s essential needs financially. Parents pay child support whether they are the non-custodial parent or the custodial parent. When people think of child support, they tend to believe it is always the obligation of the parent that doesn’t live with the child. This is not the case in Florida. Especially if the custodial parent earns more or if there is an equal time-sharing agreement. The exact child support obligation depends on many factors and it is wise to consult an attorney when doing child support calculations.

In cases of equal time-sharing, if the parties cannot agree the courts will determine child support. The court will follow the Florida Child Support Guidelines.

How Child Support Is Calculated in Florida

Divorced or not, child support is the legal and moral responsibility of every parent. Therefore, the amount of child support is calculated so that each parent provides their child with support based on income. The court will require each parent to complete financial affidavits detailing their earned and unearned income, such as salary, commissions, pension, benefits, and business income.

Determine Child Support

To determine child support, Florida follows an “Income Shares Model,” based on individual incomes and an estimate of what the parents would have spent on their child had they not divorced. While there are guidelines for the calculation of child support, determining an exact amount can be challenging and depends on many factors. The court uses its discretion and the guidelines to determine what is appropriate. Some flexibility is allowed.

If both parties agree to a child support amount that falls within the guideline amount the court will approve the amount.  A child support guidelines worksheet is required in every case when there are minor children.

What Does Child Support Cover?

In Florida, a parent cannot waive their child support obligations. When parties divorce, each parent has a legal obligation to ensure that a child has the essentials.  Essentials include shelter, food, and clothing.  Child support also covers the household’s costs, including electric bills.

What Child Support Includes

Child support can include education costs, medical support, and other necessities. If the child goes to a private school, child support can include educational expenses like tuition, school supplies, books, fees, and uniforms.

Child support can also cover the child’s extracurricular activities such as sports, travel, entertainment, and hobbies.  Child support does not have to go directly to the child.

 How to Establish Child Support in Florida

For child support to be enforced, a judge must sign a child support order.  A child support order may be modified if circumstances change, such as the time-sharing arrangement. Changes can occur if a parent encounters a substantial change in their income. If there is an increase or decrease in income it may affect the child support obligation. If a party loses their job it is imperative to speak with an attorney to discuss all options. Calculating child support can be complex.

Attorney Diaz has served the Tampa area since 1995 and can answer your child support questions, including how to enforce child support. Attorney Diaz practices exclusively in divorce and family law in Florida.

If you would like to discuss the specifics of filing a petition or modifying an order for child support or divorce call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.   At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.

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