Custody / Visitation – general information

Archive for May, 2009

Custody / Visitation – general information

This may come as a surprise to some people, but the terms custody and visitation are no longer used in Florida law. For years, the term custody (or primary physical residence) was synonymous with the parent who had the children the majority of time. The other party (known as the non-residential parent) would have visitation […]

Tax Exemption – general information

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The question of which party gets to claim the children for tax purposes comes up often. If the issue is not addressed in the Final Judgment of Dissolution of Marriage, then the party who has the majority of overnights with the children pursuant to the Parenting Plan and Timesharing arrangement will get to claim them. […]

Mediation – general information

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Mediation is a great process to help facilitate with the settlement of cases. The majority of cases that we are unable to resolve by way of voluntary settlement agreement are later resolved at mediation. As a former mediator, I am a strong proponent of the mediation process. At mediation, there is a mediator, who is […]

Health Insurance – general information

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Maintaining health insurance for children during and after a divorce is an important issue for most divorcing parties. Most parties are in agreement that when health insurance coverage is reasonably available then coverage should be maintained. The cost of its coverage for the children is factored into the child support guideline amount paid. If the […]

Life insurance – general information

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Life insurance is sometimes used to secure an award of child support or alimony. Under Florida law it is not an automatic that it will be ordered solely on the basis that support has been ordered. There are several factors that the court looks at in determining whether a paying party shall maintain life insurance. […]

Uncontested Divorce – general information

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There are only two ways that a divorce can be handled in Florida, contested or uncontested. It is no secret which path I think is best and that is uncontested divorce. When a matter is uncontested, both parties have chosen to work out their issues amicably without unnecessary fighting and without incurring unnecessary attorney fees. […]

Attorney Fees – general information

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The court considers the financial resources (income and assets) of both parties in determining whether there should be an award of attorney’s fees. Generally speaking, the court wants there to be a level playing field when it comes to both parties having representation. In determining temporary attorney fees, if one party does not have the […]

Archive for May, 2009