Equitable Distribution — the dividing up of the assets and liabilities can be an area fraught with peril. Alimony is always an acrimonious issue between the parties and child support can be as well. With each issue, we will assess your goals and objectives and the facts of your case and then develop a strategy that is designed to help you pursue those goals. The focus these days in on the best interest of the children and the Court has a great many factors it must consider in determining what is in the best interest of the children.
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Most important of these factors is which parent will do the most to insure that the other parent has a good relationship with the children. Other factors involve the historical primary care giver, the stability of the parties, their economic circumstances and how they are going to be able to handle their child rearing responsibilities post-divorce.
During your case we will develop our proposed Parenting Plan, which is the document that describes how the parties are going to co-parent the children after their divorce is over. The primary component to the Parenting Plan is the Time-Sharing schedule, which determines when the children will be with each parent.
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Obviously, this schedule it vitally important to both parents. We work with our clients to develop a strategy to convince the Court that our client should have the time-sharing schedule that they seek. Extra-curricular activities and the cost of medical insurance, and uninsured medical expenses are addressed as well. Prior to any settlement negotiations, we make sure our client is aware of all of the options available in a Parenting Plan and Time-Sharing schedule so that they can make informed decisions about the Parenting Plan they are attempting to negotiate.
Accounting for all of the assets and liabilities and then equitably dividing them between the Parties can be complicated. What is a marital asset that is subject to distribution and what is a pre-marital or non-marital asset? What about the inheritance I got from my grandmother? What about the money from the house I owned before I got married that was used as a down payment on the house we live in?
What about the money I co-mingled into a common account? Sometimes equitable distribution is not as easy as it sounds. Qualified Domestic Relations Orders are used for this purpose and IF they are not done properly , many years into the future you may discover you are not entitled to the retirement money you thought you were going to get.
My MBA and 25 years of experience in finance give me the background you need to ensure you get the money, property and retirement funds that are owed to you.
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The marital home, and other real estate holdings, are also important issues. How will the house be handled? Saved for the kids? One party buying out the other and, if so, how does one party get off the note and mortgage on that home? These are all important issues as our stock options, pensions, military pensions, stock in closely held corporation and the valuation of businesses owned by one party or the other.
He has the education and experience to understand complex financial issues, such as the alimony capture rule of the IRS, the impact of capital gains taxes on various classes of assets, the impact of active appreciation on pre-marital assets, and the best way to divide assets so as to maximize your future investment returns.
Tampa Divorce Attorney | Sparkman Family & Divorce Lawyer
Even if you think you do not own anything to divide, you will be surprised how much personal property exists within your marriage. Automobiles, your furniture, jewelry, art work, and everything else in your home is subject to distribution by the Court. Using the proper method of valuing these items is essential to making sure that you receive a fair distribution of these assets. Chances are, between the two of you, debt exists in your marriage.
It is our duty to find out how much, who is responsible for it, and where the allocations of its future payments lie. At The Law Firm for Family Law , our goal is provide our clients with a commitment to their livelihood. We are more than divorce attorneys, we are partners in professionalism, integrity and compassion. Credit related issues and liability for various types of debt obligations are among the most challenging problems to resolve.
Grave legal issues are at stake, child custody, child visitation, alimony and more. Legally, it is up to you to protect your rights and to do so you need a legal advocate. Contested divorces need more time and cost than uncontested divorces. If you are still asking yourself; what is a simple divorce or what is an uncontested divorce, please contact us for a free divorce consultation for Clearwater or Clearwater Beach. In a contested divorce the most contentious issue usually involves child custody.
It is unfortunate that the person who suffers most in this angry and bitter dispute is the child.
Dating & Divorce: A Recipe for Disaster?
Our divorce attorneys know this and try to cut the effect your child might have to a long and drawn out custody battle. Custody comes in many flavors. There is joint custody, where the ex-spouses share in the child rearing equally. Time is split between Mom and Dad. There is sole custody, where one parent has sole responsibility for raising the child.
Physical custody may be awarded to one parent but decision-making for schooling, health care and the like is done by both parties accept when one parent is awarded both sole and physical custody. If joint custody is not the outcome, the parent who doesnt have custody will want visitation rights.
Florida’s Best Interest of the Child Factors
They may be awarded with or without supervision. At times, out of spite, one parent will accuse the other of child abuse or sexual abuse. The stigma attached to this is long-lasting. A family lawyer can help resolve custody and visitation issues before it reaches such a point. If however, your spouse really is guilty of such action, the divorce attorney you were referred to by Affordable Family Law will take every possible measure to protect your child and you.
Child support is a monthly sum of money that the parent who has physical custody of the child may be awarded by the court to pay for some of the expenses of raising a child. In a contested divorce, child support is likely to become an issue as the anger of the spouse has not had time to recede, money becomes a weapon. Affordable Legal Fees will look out for the rights of you and your child and be your advocate while not throwing oil on the fire.
Whether a divorce was harmonious or contest afterwards life goes on.
Sometimes, one spouse will move out of the immediate area. If timeshare, visitation or joint custody in Clearwater-Pinellas was agreed to, it might have to be changed.
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While this is very difficult for the child, it is also hard on the spouse who is moving. They will seek to change the visitation agreement so that they continue to have the ability to see their kid regularly. Any court cost or filing fees are not included. Sometimes circumstances change and one spouse wants to decrease the amount of child support they are paying or the parent with physical custody or that parent wants it increased.