Trust Is Good – To an Extent

It’s good to want to handle divorce as amicably as possible. However, it’s unwise to trust that your estranged spouse will always do the right thing. That is why many states require that parents come up with a parenting plan that spells out how children spend their time after the parents divorce. When it’s all spelled out, there’s a better chance that children will grow up with both parents in their lives.

The Future Is Unknowable

Parents move on, and sometimes they take jobs elsewhere or remarry, and this can affect the parenting plan. Even if you and your ex-spouse get along, it’s important to make changes involving child support and how children spend their time with the help of your divorce lawyer. This approach protects both parents and children.

Spend the Time Now to Avoid Problems Later

Informally agreeing to changes in how children spend their time may seem the easiest way, but it can lead to parents taking advantage of the situation. It can also lead to further court hearings and greater legal expenses. Develop a workable parenting plan before the divorce is granted, and only make changes with the help of your family lawyer.

You Don’t Have to Be Confrontational to Stand Up for Yourself

Standing up for your rights as a parent doesn’t require you to be confrontational. Your divorce lawyer knows how to handle these situations through the legal process, and as long as you’re honest with him or her, your rights will be considered at every step. At the law firm of Evan H. Baron & Associates, we help you and your children through divorce so you can have the best possible future.

Learn About Your Family’s Finances

If your spouse took care of the finances, it is time to educate yourself. Look at bank accounts, retirement accounts, and other investments and get an idea of how much they are worth. Obviously, bank account balances vary from day to day, but you can get a general idea. The more you know about your family’s financial situation the fairer a divorce settlement you can obtain.

How Your Children Spend Their Time

Are you a two-income family? Does one parent stay home to care for children? Who helps with extracurricular activities and homework? In most cases, joint custody is granted, but that doesn’t mean the children spend an exactly equal amount of time with each parent. You and your spouse will have to create a joint parenting plan you can agree to. Your divorce attorney can advise you on this process.

The Best Solution if You Own a Home Jointly

One spouse may buy out the other spouse’s half of ownership of a home, or a couple may decide to sell the house. There is no right answer to the question of how to deal with a jointly owned home. Your divorce attorney can speak with you about your options and which ones make most sense in your situation.

Your Career and Your Career Prospects

If you’re a stay-home parent, you need to plan for supporting yourself once child support is no longer a factor. On the other hand, if you have a career that requires travel or relocation, you need to be open with your family attorney about it. At the Law Firm of Evan H. Baron & Associates, we believe that candor and honesty are the keys to arriving at a fair divorce settlement.

Honesty and Communication Are Absolutely Essential

You must be absolutely honest with your divorce lawyer concerning assets and other critical factors. If he or she knows the situation exactly as it stands, you can be confident of a fairer settlement. However, if you withhold important details, your lawyer cannot protect your rights as well, and you could face a more complicated divorce process.

Children, Child Support, and Custody

Shared custody is now the general default position of the courts unless there is a clear and compelling reason why custody should not be shared. You and your estranged partner or spouse will have to work out an agreement about when children spend time with each parent. Child support is calculated based on the child’s living arrangements and each parent’s income and other obligations.

When Circumstances Change After Divorce

Unfortunately, even when both parties agree to a fair divorce settlement, things can change later. One ex-spouse may lose their job or accept a job far away. An ex-spouse may remarry, changing the situation significantly. A skilled divorce lawyer will be there for you if you find yourself in a situation that changes significantly after the divorce is final. Legal counsel is essential for working out these matters fairly.

Your Choice of Family Lawyer Is Critical to Your Future

Choose your family lawyer carefully if you’re going through a divorce, and choose someone you’re comfortable communicating with. Your choice of family attorney can have significant influence on your life post-divorce and should be chosen with care. At Evan H. Baron & Associates, our skill and experience in handling divorce and child custody cases makes our family lawyers valuable allies in helping you move on with your life.

Judges Aren’t Interested in Drama

Child custody and support cases are notorious for drama, but inside the courtroom, established laws prevail. Judges don’t care how much you hate your estranged spouse. He or she must ensure that all applicable laws are followed in regards to the time each parent spends with children, and how children are to be supported. Save the drama for your poker buddies or best friend.

Children’s Need Will Be Prioritized

The child support lawyer is primarily interested in ensuring that children’s suffering is minimized throughout the divorce process and that they are adequately supported based on parental assets after the divorce is finalized. Parents have to jointly agree to a time sharing program, and state laws are used to calculate each parent’s responsibility for providing child support based on income and time spent with children.

What a Restraining Order Is and Isn’t

Divorcing parents often throw the term “restraining order” around any time the other spouse does something they don’t like. The truth is, injunctions are granted when there is a history of domestic violence, or when actions lead the court to believe that violence is a real possibility. You cannot get a restraining order against someone for being a jerk.

You Don’t Lose Parental Rights After Divorce; Neither Does Your Spouse

You’re still a parent after divorce, and so is your ex-spouse, whether you like it or not. Listen to your child support attorney and don’t rise to the bait if your estranged spouse turns to theatrics. At The Law Firm of Evan H. Baron & Associates, our family law specialists can guide you through the divorce and custody processes with real answers and real help.

What Is a Divorce Trial Like?

Divorce trials do not involve juries, but are held by a Circuit Court Judge in the judge’s chamber. The judge hears evidence from each spouse, your divorce lawyer, and your spouse’s, and renders a decision based on evidence. Once the judge gives a ruling, you should consider the case over, because successful appeals in family court cases are extremely rare.

Children and Other Witnesses

If your divorce case goes to trial, your children will probably not be witnesses, even though the judge will be making decisions regarding their future. During the trial, expect several hours of testimony, and you will be subject to questions from both your own child support attorney and that of your spouse. Other witnesses will only be called to testify if their testimony is relevant to the divorce case.

Trials Are Expensive

Divorces can be very expensive, but divorces that go to trial are even more expensive. They take more time to prepare for, and the court date is usually scheduled for a time several months into the future. Financially, most people almost always fare better when they are able to settle the dissolution of the marriage without a trial, if for no other reason than the higher child support attorney fees and court costs associated with a trial.

You Have Other Options

Ideally, you and your estranged spouse would be able to work out a mutually agreeable settlement, but this can take time. Mediation is another possibility that is less of an ordeal than a trial, but which is still expensive and time-consuming. Speaking with a skilled divorce lawyer like the ones at the law firm of Evan H. Baron & Associates about your options is a smart move as soon as you know your marriage is in serious trouble.

The Other Parent Wants to Move Away with My Children. Can I Prevent This?

If the other parent wants to move more than 50 miles away with your children, they must file notice with the court and propose a revised child sharing schedule. You then have 30 days to file an objection with the court. In court, a judge will render a decision about relocating with the children based primarily on the children’s best interests.

What Should I Do if I Haven’t Been Receiving Child Support That Was Ordered?

If you’re not receiving child support, don’t let this slide. Contact your child support lawyer and explain the situation. He or she will know the best way to proceed in getting the child support your children were promised. If the parent who is in arrears refuses to pay, there are several legal mechanisms for compelling him or her to pay.

Do I Still Have to Pay Child Support if the Other Parent Gets a Lucrative Job?

If you’re paying child support and the other parent’s income increases significantly, it’s possible to modify the child support order, but there are no guarantees. You need to explain the situation to your child support lawyer, and he or she will advise you on whether it’s likely you’ll be able to modify the support order and how to proceed if so.

Do My Rights Change When the Other Parent Remarries?

You retain all your parental rights when the other parent remarries. If the other parent’s income changes significantly, or if the other parent wants to move away with your children, changes may be made to child support orders or the parental sharing schedule. If you expect the other parent to make a significant life change, speak with your child custody attorney for advice.

When Alimony Is Appropriate

A skilled divorce lawyer in Weston can gauge whether alimony is appropriate in your particular divorce case. Before alimony is granted a court must find that the spouse requesting alimony needs it. This is shown with an affidavit listing the spouse’s expenses and showing that the spouse is unable to pay these expenses. The court must also find that the other spouse has the ability to pay this support.

Parental Relocation

Parents of minor children who want to relocate cannot simply pack up and leave, whether the children live with that parent or with the other parent. In Florida, other parties with visitation rights (like grandparents who have been granted visitation rights) can contest parental relocation. Parents who want to relocate must come to a written agreement with all involved parties, or petition the court for relocation permission.

Mediation in Divorce Cases

Mediation works when both spouses are able to agree to divorce terms, and can be beneficial in these cases. By avoiding a court battle, all parties, including children, are less likely to be traumatized by the divorce. The Weston family lawyer at Evan H. Baron & Associates can advise you if it looks like mediation may be a possibility in your case. The terms of a mediated settlement are just as binding as terms ordered by a court.

Parenting and Your Weston Child Support Lawyer

A Weston child support lawyer is valuable even if you and your spouse are able to agree on shared parenting and child support. Children grow, parents change jobs, and sometimes parents remarry. Having a child support lawyer to advise you can help you make these transitions as smoothly as possible as your children grow up.  We’ll help ease the transition and make the process as stress-free as possible.

·          Each parent’s ability to put the child’s needs first

·          Geographic viability of time sharing

·          Each parent’s physical and mental health

·          Children’s preferences (once they’re old enough)

·          Each parent’s moral fitness

Must Disputes Always Be Settled in Court?

While some cases cannot be settled outside of a courtroom, alternative dispute resolution is appropriate in many cases. A child custody attorney can advise you on whether alternative dispute resolution is a good choice in your situation. Mediation and Parental Coordination are two forms of alternative dispute resolution.

When Is Supervised Visitation Considered?

Where there is evidence of domestic abuse or child abuse, abandonment, or neglect, a judge will order time sharing that protects the child or abused spouse. In some cases, no time sharing with the abusive party is ordered. If you are not currently involved in a court case with the abusive party, speak with a lawyer before asking for supervised visitation. He or she can advise you on how to proceed based on facts of your case.

What Happens When One Parent Wants to Relocate?

If one parent wants to move with the child more than 50 miles away for longer than 60 days, the other parent must be notified. If the other parent agrees to the move, parents need to file a written agreement with the court. If the other parent objects to the move, a hearing is held to determine whether the child should be allowed to move.

When Should I Contact a Child Custody Attorney?

The law offices of Evan H. Baron and Associates can advise you as soon as you believe a divorce or split with the other parent is a real possibility. Starting the process with legal counsel is smart and can help you develop a realistic parenting plan you can commit to.

Change in Circumstances and Child Support

It’s not possible to list every change in circumstances that could lead to modification of child support. However, some fairly common situations indicate a “substantial change in circumstances” which could lead to modification, such as:

·          Increased income for the receiving party

·          A decrease in child expenses (such as a child leaving daycare and entering public schools)

·          Loss of paying party’s job

·          Long term loss of paying party’s income

Modification of Out-of-State Child Support Orders

The Uniform Interstate Family Support Act (UIFSA) says that the state that originally issued a child support order retains jurisdiction in the case. Only when neither parent lives in the original state can child support orders be modified in another state.

Florida Law and Parental Relocation

When a custodial parent wants to move more than 50 miles away, he or she must notify the other parent. If the other parent doesn’t object to the move, they must file an agreement with the court. If the other parent does object, either parent may petition the court and have a judge decide whether the child’s move is approved. Parents usually need to modify their time sharing agreement when one parent moves.

Don’t Wait to Contact a Child Custody Attorney

At Evan H. Baron and Associates, we are ready to assist you when you need a child custody attorney. As soon as you anticipate a change in your or the other parent’s circumstances, speak with a child custody lawyer about your options. Don’t wait until problems arise. Your children are better served when you obtain legal counsel early in the process of establishing or modifying a parenting plan.

Eligibility for Filing for Divorce in Florida

To be eligible to file for divorce in Florida, at least one spouse must have lived in Florida for at least six months leading up to the filing of divorce papers. You can prove Florida residency with a valid Florida driver’s license showing residency of at least six months, with a voter registration card, or with a sworn affidavit from someone who can verify residency.

Costs Associated with Divorce in Florida

Filing fees run between $400 and $500. If you hire a Broward or Weston lawyer to represent you, your lawyer will bill you on an hourly basis. The more complicated your divorce is (if it includes numerous marital assets, children, or one spouse who deliberately tries to complicate things), the more expensive the divorce will ultimately be. We offer expert services at a reasonable rate.

Division of Marital Property

Both assets and debts acquired during the marriage are divided in a divorce. While Florida requires “equitable” distribution, this does not necessarily mean “exactly equal” distribution of either assets or debts. Assets include things like real estate, furniture, cars, bank accounts, and also retirement accounts and other financial assets. Debts may include mortgages, auto loans, credit card debt, and other consumer debt.

Parenting Agreement

The concepts of “custody” and “visitation” are being phased out in Florida in favor of shared parenting. Sole custody is not granted unless there is a clear and compelling reason why one parent should not be involved in the children’s lives. Divorcing parents must come to an agreement on where children live most of the time, where holidays and weekends are spent, and how decisions on education, medical care, and other important life events are made. The Broward or Weston lawyer at our firm can advise you on your rights and responsibilities as a divorcing parent.