While the presence of children may make divorces more complicated, other factors may cause the divorce process to be a longer one than what may be anticipated. Financial aspects and the division of assets will also often prolong the process of divorce as both parties are trying to be awarded their fair share of what were once shared accounts or property. Divorce can be a process that is expensive, and it can often lead to both parties giving up half of what they may feel their assets may be; these financial aspects will often need to be sorted out.
The presence of a divorce attorney can help both parties to get exactly what assets they are entitled to in cases of divorce, as they are experienced in this field. This will help to ensure that both parties are treated fairly and receive their rightful portion of property or shared finances.
Courts in Florida have adopted the position that what is best for the children takes precedence over the desires of parents. In most family law cases, courts hold that having a strong relationship with both parents is in the best interests of a child. Florida courts achieve this by awarding parents with shared custody, where both parents are involved in major decisions such as decisions related to education and health care. While the child will have a single primary residence in most cases, with the parent awarded physical custody, the courts strive often for a fifty-fifty split of time and responsibility.
However, our office sees cases every day where one parent must fight to maintain sole custody over the children, and in these cases, you need our custody lawyers who know how to represent your interests and litigate on your behalf. Particularly in situations where there exists:
Child Abuse Including Emotional, Physical and Verbal
A Significant Criminal Record
A History of Neglect
In cases where there is reason to believe the child may be unsafe in the custody of one parent, having an effective Florida child custody lawyer on your side to protect your rights and the best interests of your children is critical. Even if you have a previous custody arrangement, we can explore child custody modification options to ensure that your kids are in the best hands.
Any time a relationship does not work out, whether it is a marriage that is dissolving or two people that just do not want to be together anymore, it can get very complicated if those two people share a child. Issues regarding child support are always some of the most difficult to deal with. Both sides need to be treated fairly financially while the child’s needs and welfare are also taken into consideration. It is always in your best interest to consult with a skilled and experienced Florida Child Support Lawyer when addressing any issues regarding child support.
At The Pistorio Law Firm we treat our clients with compassion and care. We understand how sensitive financial and child support issues can be. We will do our best to provide you with the best possible legal representation.
Calculating Child Support in Florida
In the 4th circuit county of Duval child support amounts are primarily determined by a Child Support Formula and Guidelines. Numerous factors such as each parent’s income and expenses related to the children are taken into consideration. Also, the percentage of custody each parent has may impact the amount of monthly child support. Lastly, the number of children involved also helps determine what amount will be paid in child support. Note that this formula is greatly used in other circuits and we can provide you with the skills needed to get what’s fair.
In the event of one parent being intentionally unemployed or underemployed we will do our best to get you and your child the full amount of child support you are entitled to per Florida law. Florida Courts have imputed an income in some situations where evidence has shown that one parent could be making more money but are choosing not to as to avoid paying more child support.
Florida Child Support Modification
Often times, child support amounts need to be modified. They can be either decreased or increased. If either parent experiences a change in lifestyle, income or employability, there may be a legitimate need to alter the current child support amounts. A substantial change in circumstances that was unanticipated at the time of setting the child support is proper grounds for a modification.
As a divorce attorney in Florida, the Pistorio Law Firm has extensive experience in assisting our clients with Alimony. When deciding on the matter of alimony, the court will look at several factors:
The standard of living that was developed during the marriage
The length of the marriage and the age of each spouse
The financial resources of the spouse seeking support
The mental, physical, and emotional condition of each spouse
Each spouse’s contribution to the marriage, including homemaking
The responsibilities each spouse will have for minor children
Any tax consequences a spousal support award could have
Required time for the recipient to secure additional education
There are several types of Alimony in Florida:
Rehabilitative alimony – The purpose of rehabilitative spousal support is to give a dependent spouse the resources necessary to develop skills and training that will make him or her financially independent. This could be by returning to college or vocational school, or obtaining a license. This type of alimony is usually accompanied by a plan for the recipient to achieve financial independence from the ex-spouse.
Bridge-the-gap alimony – This type of spousal support provides the recipient with immediate funds to acclimate to his or her new life after divorce. Bridge-the-gap alimony can either be awarded on a temporary basis, as to allow the dependent spouse to do things like secure an apartment or purchase a car, or it can be paid in one lump sum. If it is paid over time, however, the duration cannot exceed two years.
Durational alimony – Durational alimony is temporary spousal support that does not fall into the category of either rehabilitative or bridge-the-gap alimony. The court may choose to award durational alimony if other types of support are insufficient to meet the dependent spouse’s needs. Because it is temporary, the maximum duration for this type of alimony cannot exceed the actual length of the marriage.
Permanent alimony – Permanent alimony is support that is paid on a regular basis for an indefinite period of time. This type of alimony usually terminates upon the death of either spouse, the remarriage of the recipient, or the cohabitation (living with someone else) of the recipient. This type of alimony is intended to provide for the financial needs of a spouse who lacks the ability to support themselves.
A Lawyer Focused on Solutions
When you are working through the family law courts, you want an attorney on your side who is working toward providing you with the best possible outcome. You want solutions, not more problems. Our Florida child custody lawyer has built a strong reputation for providing answers, exploring options and building creative strategies. Whether litigating in court or negotiating with the other side, we can help.