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Contempt as away to enforce an alimony order

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Contempt as away to enforce an alimony order

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In Florida, filing a motion for contempt may be your first option when choosing to enforce alimony. If the court reviews your case and finds that the spouse’s refusal topay alimony is intentional, he or she may be held in contempt of court. The court will then determine the appropriate punishment for the spouse in contempt, such as finesor even jailtime.

There are many ways to enforce alimony, what’s important is that you contact an expert lawyer in the field who will guide and tell you which course of action is best.

Visit https://www.jjlawfl.com/

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Top Mistakes to Avoid with Timesharing Child Custody in Florida

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Top Mistakes to Avoid with Timesharing Child Custody in Florida

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In Florida timesharing schedules, or custody schedules can become a contentious subject. There isn’t a presumption that parents will each spend equal time with their children, but it is presumed that each parent should get to spend as much time as possible with their children. Actions taken during the divorce or separation can impact the results when it comes to timesharing. Here are some pitfalls to avoid.

Not Understanding the Legal Standard

To ensure successful results with timesharing, it’s important for you to know what the courts will be considering. It is the responsibility of the court to consider the requests of both parents and ensure they are in the best interest of the child or children. The court’s main concern isn’t whether it’s convenient for one or both parents. The decision is made based on the circumstances of the family and the factors affecting the interests and welfare of the children.

Relocation Without the Court’s Permission

If you leave the state without the other parent’s permission or relocate with the minor child in tow, the judge will not view your situation favorably. According to Florida law, parents cannot move over 50 miles from their current address unless they get the permission of the court and the other parent. This will go into effect when the divorce is filed. This means that you cannot move more than 50 miles from your address at the time of the filing.

Filing False Reports with DCF

Sometimes, parents think if there is a pending report with the Department of Children and Family Services, they can leverage it to their favor during a custody or divorce case. However, filing a false report can have the opposite effect. Additionally, if a person knowingly makes a false report, they are guilty of a felony, which is punishable by up to five years in prison. Each violation can also carry a hefty fine, as much as $10,000.

Drug or Alcohol Abuse

If either of the parents makes allegations about drug or alcohol abuse, it must be addressed immediately. The courts will take this allegation seriously, especially if minor children are involved. Obtaining ongoing drug tests can help demonstrate to the court that the allegations are false. Having a history of clean drug tests is one of the easiest ways to negate these types of allegations.

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What are mandatory disclosures in Florida

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What are mandatory disclosures in Florida

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Mandatory disclosure is the process in which financial information is disclosed within both parties in a family law case. This procedure is established by the Florida Family Law Rule of Procedure 12.285, and the purpose of such rule is to ensure that each party will be fully informed about the financial circumstances of the other party, before any possible settlement of the case through mediation, negotiation, or trial.

Mandatory disclosure must be exchanged by the parties within 45 days after the initial case is served on the respondent. If there’s a material change in a party’s financial circumstances, it must be updated as there is a continuing duty to do so. If a party does not comply with Mandatory Disclosures, the opposing side can file a Motion to Compel the Disclosure or a Motion for Contempt for failure to disclose the required information. The party who fails to comply with the disclosure when it is within their power and control to do so can be held liable by the court for the other party’s flat fee divorce attorney fees incurred to bring these motions. The court even has the authority to orders actions against the party in non-compliance.

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| Child support modification Florida

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The Florida legislature has tried to overall the state’s alimony laws. Earlier this year, both chambers passed new legislation that would retroactively remove permanent alimony and make timesharing a priority across the state. However, Governor De Santis vetoed the bill in June. Undoing thousands of pre-existing custody and alimony settlements was thought to be unconstitutional and in violation of due process. Call Jacobs Law Firm at 407-335-8113 for the help you need.

How are Alimony Settlements Handled in Florida Courts?

If you already have an alimony agreement following your divorce, nothing changes at all. If you are presently working through the process of creating an alimony agreement, you can still move the court for a different alimony settlement. Once an alimony settlement has been reached, an alimony modification is generally only be requested due to major changes that were unanticipated in either spouse’s financial situation.

Does Alimony Continue Forever in Florida?

Alimony reform in Florida was aimed at changing the concept of permanent alimony. But not all alimony agreements set forth by the courts are permanent. Permanent alimony settlements that are already in place, will continue. If the marriage lasted longer than 17 years, lifetime alimony may be statutorily appropriate. Lifetime alimony lasts until one former spouse dies, or until the recipient of the alimony remarries. Lifetime alimony continues even if the payer remarries, but the alimony recipient doesn’t remarry.

Is timesharing in Florida Changing?

Timesharing agreements are not changing. If parents need to change their current agreement, a child support modification orlando can be filed with the courts. Timesharing, 50/50, or joint custody arrangements provides both parents with shared physical custody of their children. They must agree on major decisions that affect the children. Currently, the courts consider many factors and render a decision based on the best interests of the children. Timesharing is not automatic in custody cases.

Current State of Florida’s Alimony Reform

Had the bill passed Governor DeSantis’ approval, it would have done away with permanent alimony settlements. Instead, alimony would have been determined by how long the couple had been married. The bill would have also presumed that all child custody agreements should be split equally between the two parents. It is not likely that this will be the final attempt at alimony reform in Florida.

Can Custody and Alimony Agreements be Changed?

Yes. If you are unhappy with a custody or alimony settlement, a modification can be requested. An experienced family law attorney Clermont FL can help you modify custody and alimony agreements as needed.

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A father’s rights in Florida can be a complex and difficult subject to attend to, considering that both parents often engage in no-quarter battles to obtain the custody at all costs, making it an overwhelming, expensive, and emotionally exhaustive experience. Luckily, we’re here to guide you.

In Florida, an unmarried father has no legal rights to timesharing or custody until paternity is established. This means that until said paternity is legally established by the courts, the mother has sole, legal, and physical custody of the child or children.

This may seem at first like the law favors the mother in child custody cases, but the truth is that Florida law does not incline for either parent when it comes to custody and parental rights.

How can I establish Paternity?

In Florida, the law provides various ways in which a father can establish paternity of his child or children, such as through:

-          Marriage of the parents. Paternity is established in the husband if the parents of a child get married.

-          If both parents agree, they can sign a “Voluntary Acknowledgment of Paternity” form and file it with the court. It is important to know that either party could revoke said acknowledgment within 60 days.

Parents do not always come to an agreement. In that case, the biological father can request the court to establish paternity by ordering a DNA test.

Florida Laws regarding Custody Arrangements

Florida Law requires the courts to make their decisions based on the child’s best interest. In that regard, in order to establish Custody Arrangements, the court will consider the following:

-          The parents’ mental and physical health

-          Each parent’s capacity to provide a consistent routine

-          The Parents’ history of domestic or substance abuse

-          The parents’ plan to divide responsibility

If the court determines that a parent is responsible for substance or domestic abuse, its decision may award custody to only one parent.

Can Custody Rights be modified?

It is possible to modify Custody Rights after a decision has been pronounced by the court. To do so, the parent has to prove that the original circumstances that existed during the last court order have significantly and materially changed.

As with most things regarding legal procedures, it is most important that you contact your family law attorney florida as these are highly technical areas of the law, so make sure to understand your legal rights before entering any postnuptial agreement florida regarding the custody of  your child or children.

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Brief Look at Same $ex Marriage in Florida

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Brief Look at Same $ex Marriage in Florida

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Same-$ex Marriage in Florida is now legal, after a ruling in 2015. But did you know that wasn’t always the case?

Previously, Florida has banned same-$ex Marriage by statute in 1977 and added a prohibition on the recognition of marriages from other jurisdictions in 1997, which meant that if a same-$ex couple came from outside Florida, the state would not legally recognize it so.

Then, in 2008, voters approved a constitutional amendment that not only banned same-$ex marriage but also civil unions, modifying the state constitution to define marriage as between a man and a woman. Also, it must be noted that Florida imposed criminal penalties on any country clerk who issued marriage licenses to same-$ex couples, as a way to impose and solidify the state legislature.

It wasn’t until 2014, in Brenner v. Scott, where a U.S. district court ruled the same-$ex marriage ban unconstitutional, on the basis that the right to marry is a fundamental right and Florida’s ban on same $ex marriage was a violation not only of the Due Process but also the Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution. The order was stayed temporarily, but the stay expired in January of 2015, and has recognized same-$ex marriage ever since.

The Brenner v. Scott ruling was appealed to the Eleventh Circuit, which raised some uncertainty on whether or not the same-$ex marriage would remain legal in Florida. However, because the Supreme Court has ruled in favor of same-$ex marriage, it really looks like it will remain legal in the state of Florida.

It should be noted that this not only meant that Florida residents can now marry their same-$ex partners, but also that the state recognizes same- $ex couples that were legally married in another state or country.

The importance of these rulings are not to be taken lightly, as it granted same-$ex couples all the rights and responsibilities of marriage previously recognized and afforded only to hetero$exual couples, making Florida a state of inclusion were all citizens are treated truly equal under the family  law Orlando.

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Florida is a no-fault divorce state,along with 16 other states. Either spouse can dissolve a marriage for any reason. No-fault applies to contested and uncontested divorces in Florida. A specific cause doesn’t need to be listed as to why the marriage failed. There are only two options available for the dissolution. Many couples list “irretrievably broken” grounds on their divorce filings. Each partner has the right to retain an attorney in Florida. Both partners reach an initial agreement in an uncontested no-fault divorce. The couple may have a generalidea of splitting property and assets. If children are involved, the spouses reach an understanding for custody and support. Jacobs Law Firm is a divorce attorney who practices in Orange County, Florida. Please schedule a consultation with our Orlando or Winter Park, FL office.

The second ground of an uncontested no-fault divorce is mental incapacitation. This circumstance means that one partner can’t independently make legal decisions. The incapacitation must be ongoing for three years. Proper medical documentation needs to be included with the divorce filing in Florida. Our Orange County attorneys can assist you in these cases. Contact our Orlando or Winter Park office to set up a time to discuss your situation.

Here are the benefits of an uncontested no-fault divorce in Florida:

·         More Privacy: The marriage dissolution will not go to trial before a judge. All details of uncontested no-fault divorces aren’t available to the public. For complete confidentiality, our attorneys specialize in collaborative law. All issuesare kept private, but the cost of divorce increases.

·         Less Time: Proceedings to dissolve the marriage take less time than fighting in court. A skilled Florida divorce attorney will see that you receive a fair settlement. The process will not be drawn out.

·         Lower Costs: The shorter timeframe of uncontested no-fault divorces reduces legal fees. Both spouses will have fewer expenses overall to dissolve the marriage.

·         No Court Appearance: In some uncontested divorce in Florida, you may not have to go to court. Consult with an attorney to see if you can avoid an appearance before a judge.

·         More Control: Choosing not to litigate doesn’t put the fate of your future in the hands of a judge. Florida requires an equitable division of marital property for both spouses.

·         Better for Children: Uncontested no-fault divorces are healthier for couples with kids. Co-parenting and amicable relationships are encouraged in Florida. Your children won’t be placed in the middle of a heated battle.

·         Fewer Stresses: Uncontested no-fault divorces save time and money, so the process isn’t as exhausting. The proceedings will not be as emotionally taxing as one that goes to court.

·         Communication: Civil and amicable spouses can reach an agreement easier. Having open lines of communication makes proceedings run more smoothly.

A disadvantage of an uncontested no-fault divorce is that it may turn into a contested one. One spouse can change their position regarding assets, property, or custody. In Florida, a partner legally has the right to litigate the proceedings. A change of heart increases divorce costs with more court and attorney fees. Also, more time and stress can take an emotional toll on the family. To prevent litigation, you can consider a collaborative divorce Florida. The spouses and attorneys first sign a participation agreement. Contact Jacobs Law Firm in Orange County to learn more about marriage dissolution. We have offices in Orlando and Winter Park, Florida.

Visit https://www.jjlawfl.com/

Jacobs Law Firm

331 S. Wymore Rd., Winter Park, Florida

32789

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(407) 335-8113

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About divorce attorney in Orlando Florida

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About divorce attorney in Orlando Florida

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Once the petition has been filed, both spouses will need to disclose their financial information to each other. This includes income, debts, assets, and liabilities. Each spouse will also need to provide a list of their monthly expenses.

If the parties are able to reach an agreement on all issues, they can file a marital settlement agreement with the court. If the parties are not able to reach an agreement, the case will go to trial and a judge will make the decisions.

Divorce is a complicated process, and it is important to understand all of the laws and requirements before beginning the process. If you have any questions about divorce attorney in Orlando Florida, it is best to consult with an experienced family law attorney at the Jacobs Law Firm.

Visit https://www.jjlawfl.com/

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The first thing you need to do is find a good Florida divorce lawyer who can help you with your case. Jacobs Law Firm, divorce attorney Orlando, divorce attorney Clermont FL can help you file for divorce in the county where you live. You will need to fill out some paperwork and pay a filing fee, but it is worth it to get the divorce over with quickly.

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Motion to Deviate From Child Support Guidelines in Florida

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Motion to Deviate From Child Support Guidelines in Florida

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Motion to Deviate From Child Support Guidelines in Florida

Visit https://www.jjlawfl.com/motion-to-deviate-from-child-support-guidelines-in-florida

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Did you know that according to Florida Statute 61.30(11)(a), upon motion from your counsel or a pro se litigant, the court may agree to increase or lower the amount of child support owed by one or both parties? This is known as a Motion to Deviate from Child Support Guidelines in Florida. Similar to other aspects of Florida family law, the family circuit court will base its decision to deviate (change the amount) upon arguments from counsel and/or the litigants by relying on the statutory factors. In an effort to make these factors the court considers more understandable, we will paraphrase them and provide examples where appropriate. This is not an exhaustive list, and there are many other scenarios where a motion to deviate from child support guidelines in Florida may be appropriate for you. This article is only part one in the series, and specifically covers Florida Statute 61.30(11)(a)(1). Call 407-335-8113 today to speak with an experienced child support attorney.

Motion to Deviate From Child Support Guidelines in Florida

The first reason the court may decide adjust the child support amount owed, specifically by increasing the minimum amount owed, is when there are "extraordinary" medical, dental, educational, or psychological expenses. For example, if the minor child requires corrective jaw surgery, orthodontic braces (Invisalign, braces, etc.), or needs significant tooth intervention because of gum decay or cavities, the court will likely see this as a necessary ongoing expense and order the support amount increased upon a showing of medical estimates or bills and orthodontic evaluations.

Medical and Dental

If the minor child has a serious medical condition such as a heart condition, asthma, bone disorders, or some other rare disease, medical expenses may increase causing the court to order the child support to be increased. Who would want to file this particular motion to deviate from child support guidelines in Florida by asking for the support amount to be increased? The parent that pays for health and/or dental insurance and will be responsible for paying the health care provider(s) for the additional costs associated with medical or dental, or psychological care will ask the court for this baseline increase. Child support in Florida is based on shared responsibility, which is why the court generally requires the Child Support Guidelines Worksheet itself to include medical and dental insurance and uncovered medical and dental costs.

As pertains to education, arguments are frequently heard by the court regarding the alleged necessity of private or charter schools, and regarding the alleged necessity of private tutoring for the minor child. For instance, is the public school in your child's district rated an F? Is there a nearby charter or private school available at a reasonable cost? Is attendance at that school affordable for the parties and in the best interests of the minor child? Again, this is a question of fact.

When psychological issues are involved, those can range from (and are NOT limited to) depression (sometimes resulting from the parents' own behavior and arguing), anti-social behavior, etc. Whether the support amount should be increased under the aforementioned circumstances is a question of fact presented by the parties and/or their family law attorneys, and factors applied by the court. Thank you for reading part 1 of this ongoing series, Motion to Deviate From Child Support Guidelines in Florida.

For more information please continue reading.

Jonathan Jacobs is a Divorce Attorney In Clermont Florida, a Divorce Attorney in Orlando Florida, and helps his clients in the surrounding counties. Call the Jacobs Law Firm today for a consultation in your family law case. (407) 335-8113, or e-mail us to schedule an appointment to speak about child support. Admin@JJLawFL.com

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Motion to Deviate From Child Support Guidelines in Florida

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Did you know that according to Florida Statute 61.30(11)(a), upon motion from your counsel or a pro se litigant, the court may agree to increase or lower the amount of child support owed by one or both parties? This is known as a Motion to Deviate from Child Support Guidelines in Florida.

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For  | Groveland Florida Divorce attorney
Visit https://www.jjlawfl.com/groveland-florida-divorce-attorney

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Jacobs Family Law Firm is ready to help you achieve your goals in your divorce and paternity cases. Call 407-335-8113 today. As a Groveland Florida Divorce Attorney, and a Davenport divorce attorney FL, we know how difficult divorce and paternity can be for you personally, professionally, and for your family. During our first consultation with you, we will discuss the legal issues your case presents, listen to your story to find out how best we can help, answer your most important questions, and determine how much we would charge for those services ( payment plans are welcome, we accept cash, credit card, and flat fee agreements). Generally, our clients are interested on achieving amicable solutions. Our experience with family law can make a substantial difference for the outcome of your case. If you have done your best to resolve your issues, and the other side has been uncooperative or unfair to you, we want to help you! Call your Davenport Florida divorce attorney and Groveland Florida divorce attorney today at 407-335-8113. We practice uncontested divorce, collaborative divorce, and contested divorce and paternity.

Davenport Divorce Attorney FL, Groveland Divorce Attorney

When you are petitioning for divorce of paternity in Groveland, it is likely your case will be litigated in Lake County. For those of you living in Davenport, you will likely litigate in Polk County. Every case involves issues with jurisdiction (does the family court have the authority to hear your case) and venue (what is the right county for your divorce or paternity action). It is important to resolve at the beginning whether the Florida court can decide your case, and where your case should be filed or moved to if necessary.

Here at the Jacobs Family Law Firm you may expect courtesy and professionalism, as well as caring and compassionate representation. Attorney Jacobs is a former educator. He enjoys explaining the ins and outs of the law to make family law understandable and relatable. It is important that our clients know what to expect during their divorce. Whether your case involves divorce, paternity, child custody/timesharing, child support, alimony, property and asset division, or otherwise, please call us at 407-335-8113 and ask if we will be your Davenport divorce attorney FL or Groveland Divorce Attorney.

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Groveland Florida Divorce Attorney and Davenport Divorce Attorney FL

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Jacobs Family Law Firm is ready to help you achieve your goals in your divorce and paternity cases. Call 407-335-8113 today. As a Groveland Florida Divorce Attorney, and a Davenport divorce attorney FL, we know how difficult divorce and paternity can be for you personally, professionally, and for your family.

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Florida Uncontested Divorce No Court Appearance

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Florida Uncontested Divorce No Court Appearance

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A divorce is stressful enough, and a court appearance may make it feel more overwhelming. Florida allows couples to dissolve their marriage without going before a judge. Both parties must agree on all terms of the settlement. Only one party needs to retain an uncontested divorce attorney. Spouses with or without children can avoid a court appearance by hiring the right lawyer. Before filing for divorce, partners agree on property division and debt settlement. A custody and support arrangement needs to be agreed upon if you have children. Jacobs Law Firm has experience handling uncontested divorces with no court appearance. Our attorneys are based in Orlando but work in several Florida counties.

Even a seemingly simply divorce can get legally complex. Hiring an uncontested divorce attorney helps the process move along faster. Marital property needs to be split and differentiated from non-marital in Florida. Also, debts, like credit cards or taxes owed, factor into the settlement. Experienced uncontested divorce attorneys know how to split assets and liabilities equitably. If you have a retirement plan or pension, often, a QDRO needs to be filed in FL. Jacobs Law Firm sees that every detail gets covered when dissolving the marriage.

Representing yourself in an uncontested divorce takes longer than hiring an attorney. Also, self-filing will add to the stress and may even cost more money if you make a mistake. Having a lawyer ensures that everything is fairly split among both spouses. You also can file for an uncontested divorce with no court appearance in Florida. The state allows your lawyer to appear before the judge on your behalf. Jacobs Law Firm can draft, write, and file a settlement arrangement for you. Our uncontested divorce attorney then go before the Florida courts for you. We serve Orange County, Lake County, Polk County, Pasco County, Osceola County, Sumter County, Marion County, Volusia County, and Seminole County. Our attorneys can file your uncontested divorce if one spouse resides in these areas. Jacobs Law Firm will handle the proceedings, so you have no court appearance in Florida. Reach out to our Orlando or Clermont office to discuss your case and learn about the process.

Filing on your own requires proper knowledge of documentation and procedures. Our Florida uncontested divorce attorneys have years of experience. We help clients with and without children, including those in same-sex marriages. An amicable or uncontested divorce prevents having to go through a court trial. Retaining a Florida lawyer is recommended and offers several advantages. Not having a court appearance provides privacy and gives clients a fast, clean break. Couples with children spare a drawn-out ordeal and stress among the entire family. Our attorneys will save you time and make the process less burdensome.

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About collaborative divorce attorney Florida

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About collaborative divorce attorney Florida

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Couples in Florida can work together civilly by retaining collaborative divorce attorney Florida. In these cases, the spouses are unable to reach an agreement but want to avoid a court battle. There are no hearings held when partners decide on collaborative divorce.

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|For  Divorce Attorney Tavares visit https://www.jjlawfl.com/tavares-divorce-attorney

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Tavares Divorce Attorney and Leesburg divorce attorney Jonathan Jacobs welcomes divorce and family law clients in Lake County, Florida.

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About Lake County Florida Divorce Lawyer

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About Lake County Florida Divorce Lawyer

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Lake County Florida Divorce Lawyer

Visit https://www.jjlawfl.com/family-law-attorney

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Divorce can be full of turmoil and trauma. The fact is that when you need a Winter Park Divorce Attorney, it is likely because you are in a legal fight over finances. It is common that people say they want to protect their assets in a divorce. Visit https://www.jjlawfl.com/winter-park-divorce-attorney

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Divorce can be full of turmoil and trauma. The fact is that when you need a Winter Park Divorce Attorney, it is likely because you are in a legal fight over finances. It is common that people say they want to protect their assets in a divorce. It is equally as probable the other side is seeking the maximum possible financial award given their marital sacrifices and financial needs beyond the marriage. There is great value in hiring a Winter Park Divorce Lawyer when your financial future is under litigation. Call the Jacobs Law Firm today at 407-335-8113.

A primary benefit of retaining a Winter Park Divorce Attorney is they are experienced legal drafters. Your attorney will prepare your pleadings and your motions in such a manner as to encompass the critical factual allegations that frame and outline your unique case. Your Winter Park Divorce Lawyer will ensure your case involves the necessary assets and liabilities and therefore tells the court the financial and parental issues that should be focused on. Call now to speak with a family law and divorce attorney at (407) 335-8113.

Winter Park Divorce Lawyer : How We Can Help You Win

Your family law attorney will also assist clients in assembling their mandatory financial disclosures, and in turn, help verify the accuracy of their financial affidavit to protect clients from impeachment at deposition, hearings or trial. Your Winter Park Divorce Attorney will perform discovery to ensure the other side has provided their full financial portfolio and not hidden any assets or liabilities that should be equitably distributed. If clients do not have as much information as they are entitled to by law, a divorce will likely overlook important financial aspects that could negatively impact their case.

Retaining a Winter Park Divorce Lawyer will show the other litigant that you are well-represented and are approaching your divorce carefully. Often, pro se or self-represented litigants, will not know what is reasonable based on the facts and circumstances of their case. This could lead a party to an agreement on a settlement that is far too low to be reasonable, or a settlement agreement that offers a great deal more to the other party than is reasonable.

Finances in a contested divorce are not just about a spouse's financial well-being, they are also about their children's future comfort and stability. Your Winter Park Divorce Attorney will know how to advise you regarding alimony and child support calculations. Negotiating a settlement often comes from a position of strength and knowledge. When you need to hire us, the Jacobs Law Firm is ready to help you achieve a successful resolution to your divorce case. Call now to speak with a family law and divorce attorney at (407) 335-8113.

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Divorce can be full of turmoil and trauma. The fact is that when you need a Winter Park Divorce Attorney, it is likely because you are in a legal fight over finances. It is common that people say they want to protect their assets in a divorce.