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.

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

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.

Florida’s Hurricane Preparedness Tax Free Weekend 2018 is scheduled for June 1st through June 7th, 2018.
Get prepared for Hurricane season which officially starts June 1st. (Although Tropical Storm Alberto arrive early!)
Things you can purchase tax free include:
• Under $10: reusable ice packs
• Under $20: candles, flashlights and lanterns
• Under $25: gas or diesel containers
• Under $30: AAA-cell, C-cell, AA-cell, D-cell, 6-volt and 9-volt batteries (not including car and boat batteries); coolers
• Under $50: bungee cords; ground anchor systems; radios (battery, solar or hand-crank); ratchet straps; tarps; tie-down kits; other flexible waterproof sheeting
• Under $750: portable generators.

Also start stocking up now in your weekly shopping on water and non-perishable foods such as canned meat and peanut butter rather that wait for a storm alert to be issued.

Florida families need to be prepared.
Everyone should have a family disaster kit with supplies and medications,
be prepared to evacuate if advised to do so by emergency management officials,
know your evacuation route and where you can take your pets if you have to shelter,and
have all of your important documents and some cash together to take with you if you have to evacuate. Don’t forget cell phones and chargers and games for the children.
Set up how you are going to communicate with friends and family before a storm hits.

Time-Sharing
If you have minor children and you have a time-sharing parenting plan in place, coordinate with the other parent as to where the children are going to be in the event you must evacuate with the children. Both parents have a right to know where the children will be and to have contact information.

Preparation can help avoid disaster.

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