Relationships and family matters are one of the greatest joys we can have in life, and they can be one of the biggest stressors when things go wrong. Once a marriage stops working, people begin looking for ways to settle matters and move on with their lives. The problem is that making a clean break is not always that simple, especially when children are involved. Legal disputes are a stressful period in one’s life. 

Stress can only be enhanced when confusion is mixed in. One of the biggest questions that clients can have is whether they should opt for an attorney or a mediator. Some even believe that the two roles are synonymous, while others think that only one is an option. People that are new to the legal system can easily become confused by the roles of an attorney and a mediator. Before deciding which one meets your needs, it is vital to know the difference between the two roles.

Mediator

Mediators can be attorneys, but it is not a requirement. The mediator’s role is to provide mediation to parties in a dispute. This means helping the people involved communicate their issues and concerns, along with helping them reach an agreement around the dispute. Mediators are not supposed to decide who is “right” and who is “wrong” or tell people what steps to take to make things right. Mediation is about talking to both parties and actively working on a solution that makes sense to the mediator and the parties in the dispute. Mediators can assist in making communication more manageable, but they have to be neutral at all times. They are also not allowed to provide therapy, legal advice, or counseling to clients.

While mediation is centered around working things out and coming to an agreement, this isn’t always possible. Oftentimes, people in such sensitive disputes can be very emotional and un-agreeable. In such situations, it can be challenging to find common ground that works for everyone involved. In a situation where an agreement is reached, that agreement must be put in writing and signed by the parties involved, making it a legally binding document.

Attorney

The role of an attorney is quite different in these types of disputes. They are there to stand by their clients’ side and advocate for them. They have one goal, and that is to get the best possible result for their clients. Your attorney will enter into negotiations with the other party’s attorney and try to negotiate on your behalf. If these disputes cannot be settled, the issue will carry on through the family court system. Here, attorneys will present their case to the court in a trial, after which a judge will ultimately decide on the outcome. It is important to note that, unlike a mediator, an attorney cannot represent both parties in such disputes because it is a conflict of interest.

Knowing where to turn in these stressful times will help you get through the proceedings more easily. Ultimately, both attorneys and mediators are looking to help you resolve the problem and help you move forward. Mediators aim to do it through communication with the other party, while attorneys represent you and advocate for you as well as look out for your best interest. 

Debora A. Diaz is an attorney concentrating only on divorce and family law cases. She is a Supreme Court Certified Family Mediator and is also available to mediate your case.

Written by Debora A. Diaz, Esq.

A significant determining factor in child custody and visitation decisions in Florida involves the living accommodations of each parent. Where each parent lives and how this may impact the child’s best interest will both be taken into consideration. 

It is an antiquated notion that children of divorced parents automatically live with their mother. Today, many fathers fight to be the primary custodian of their children. In cases where there is a child custody dispute, the child will most likely live with the parent who can provide the most stable living situation. The judge will want to know where the children will sleep and how much space you have in your home. Here are a few other things the judge will consider when it comes to your living situation: 

Safety 

The court’s duty is to ensure that the child’s emotional and social development are maintained. This can be achieved by ensuring they live primarily with the parent that can provide their basic needs and ensure their health and safety. Therefore, allowing them to live in an unsafe house, environment, or neighborhood would be a violation of that duty. Unsafe environments may expose the child to convicted sex offenders, substance abusers, poisonous materials, drugs, and weapons, or extreme temperatures.

Enough Space to Accommodate the Child 

The court will expect that the parent’s accommodations provide enough space for all the children involved. This also impacts overnight visitation decisions. If you have four children spending the weekends with you, they should not have to cramp together in one bed. The courts may require proper and distinct sleeping accommodations for each child, particularly for infants and toddlers. 

School and Extracurricular Activities 

It is usually in the child’s best interest to not disrupt their lives and pull them out of their school, separating them from their friends, favorite teachers, and extracurricular activities. A parent may insist that they will live in a district that has better schools. This will be taken into consideration along with the child’s ability to adjust to change, particularly if that parent’s home will provide the child with more safety and security. 

The Child’s Age 

Older kids will need more space and privacy. You may be required by the court to provide a teen child with their own bedroom, specifically a private place for them to get dressed. Sharing of rooms between siblings is typically not an issue as long as the children have adequate space to maintain their health and safety.  The people who are going to be around the children during time-sharing is also another important consideration.

Whether your children live with you or you enjoy regular overnight visitations, your goal should be to provide your kids with safe accommodations. To learn more about what qualifies as an adequate living accommodation in Florida that will help you with a custody dispute, consult a lawyer specializing in divorce and family law. 

Family Law Attorney Debora A. Diaz offers a consultation at a reduced rate to discuss the facts of a particular situation and to inform the client of the applicable laws. Be informed. Contact Debora A. Diaz at 727-846-1802.

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

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.

However, in Florida law, there is specific terminology and legal concepts that you should be acquainted with before creating a parenting plan. Let’s have a closer look at what parenting plans are, and what you can do to ensure that yours will cover what is best for the children:

What’s a Parenting Plan and What Should It Contain?

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

• Time-sharing schedule;
• Information about which parent will be responsible for health care;
• Written description and provisions about how the parents are going to share the responsibility for raising the child;
• Information about which parent will be in charge of the school and extracurricular activities;
• Information about whose address will be listed and used for school-boundary determination as well as registration;
• Information about the technologies that the parents intend to use for communication with the child.

Florida Terminology Related to Parenting Plans

You might be familiar with terms such as custody and visitation, but in Florida law, they are replaced with parental responsibility and time-sharing.

When it comes to parental responsibility, it can share with the other parent, or one parent could have the sole obligation. It refers to the authority each parent has to make decisions about, and, for the child, including matters such as health care, education, discipline, etc. It’s up to the parents to agree how they are going to divide their parental duties. Courts prefer they shared parental responsibility unless it is not in the child’s best interests.

Time-sharing outlines how much time each parent will spend with the child. In case you have sole parental responsibility, it can be with or without time-sharing with the other parent.

Creating a Parenting Plan with the Other Parent

To create a good parenting plan for your kids, you and the other parent should cooperate and consider the child’s best interests. It might be necessary to go through the parenting coordination program to attain an agreement. If you fail to reach an agreement with the other parent regarding the parenting plan even with the help of the coordinator, then it will be up to the court to determine your parenting plan and order it.

It is best if the parents can settle on a plan which they both agree. In that case, once the program is complete, it is submitted to the court and accepted by the judge. When creating a parenting plan, it’s important to consider different factors:

• Whether the parents live close to one another or not;
• The ability of each parent to maintain a good relationship with the child and provide them with a stable and safe environment;
• How stable each of the parents is when it comes to their physical, emotional and mental well-being.

Divorce is never easy, but with some effort, you might avoid it negatively impacting your children by creating a good parenting plan with the other parent.

It is important to know your rights. If you would like to discuss the specifics of your divorce case or need help with creating a parenting plan, call 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, Esq.

Although there have been many attempts to modify alimony and there is pending legislation to change alimony it currently is still an option in Florida.  Do not listen to people that say no alimony in Florida.  Talk to an attorney.
Approaching the issue of alimony can be tricky, and there are some factors to review when deciding whether to seek alimony in your divorce. Let’s have a closer look at what alimony in Florida entails by law and what you should consider when requesting maintenance:
What Is Alimony?
Alimony is the legal mechanism through which the spouse with greater financial capabilities makes an allowance to the other spouse after a divorce. There are different types of alimony available under Florida law.
Types of Alimony in Florida
• Temporary alimony — this type of maintenance is also known as alimony pendente lite, and it’s terminated automatically as soon as the divorce finalizes, when a different kind of alimony may replace it;
• Bridge-the-gap alimony — a transitional form of alimony that helps the recipient spouse adjust from being in a marriage to becoming single, and it’s meant to cover their short-term needs, so it usually cannot last more than two years;
• Rehabilitative alimony — this type of alimony is intended to help the recipient spouse become self-supporting by assisting them in payment for developing new skills or further training that helps them build their credentials;
• Durational alimony — a type of maintenance which has a specified duration, usually following marriages that lasted less than 17 years, and it cannot continue longer than the length of the marriage;
• Permanent alimony — if a party can’t fulfill their practical needs that were established during the marriage on their own, permanent alimony can be awarded to assist with that, usually in long or medium-length marriages (between 7 and 17 years).
Factors to Consider When Requesting Alimony
Determining what would be an appropriate alimony amount can be complicated under the Florida law. There are different things that a judge may consider, and you should be aware of them before requesting alimony. The factors that affect the amount to award include the recipient spouse’s need, which provides for their current standard of living.
Another critical factor is the duration of the marriage, where long-term marriages may suggest that the recipient spouse has given many years of their total life to the union. In those cases, permanent alimony might be the most appropriate. It’s also important to consider each party’s financial resources and their contribution to the marriage, which doesn’t exclude childcare and support of the other party’s career. There are several other factors that the court will look to in determining whether alimony is appropriate.
Every case is different and fact-specific, so it is essential to understand the underlying principles of alimony in Florida to know what you might expect.
If you are interested in learning more about the factors that affect alimony in Florida or if you wish to discuss the specifics of your case, call divorce attorney, Debora A. Diaz at 727-846-1802 to schedule a consultation. It is important to know your rights!

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.