Filing a Florida Parenting Plan
Published November 8, 2010
Parenting Plan.
If your case involves minor or dependent child(ren), you will be required to make decisions about how you will share your child(ren) time with the other parent. When you do so, keep in mind that the “best interest of the child(ren) is the primary consideration in the Parenting Plan.” You are Required to file a Parenting Plan.
The Parenting Plan shall be developed and agreed to by the parents and approved by a court or, if the parents cannot agree (even after mediation), the court will make the determinations about the parenting plan and time sharing schedule.
A Parenting Plan contains a time-sharing schedule and should address the issues regarding the child(ren)’s education, health care, and physical, social, and emotional well-being. Don’t skip over or treat the Parenting Plan lightly, the Florida Supreme Court holds that the “Parenting Plan should be as detailed as possible…”
You will be provided a Parenting Plan, Florida Supreme Court Approved Family Law Form, 12.995(a) as part of the Yourdivorce 101 documents. The Parenting Plan is very important and should receive your attention.
A Parenting Plan will affect the time and manner in which you and your child(ren) will share time together. You must consider time sharing routines, holidays, location for drop off and pick up and the times, means of communication, medical emergencies are only a few of the many matters that relate to how you will share the child’s time.
You should complete a Parenting Plan and file it with your petition or answer and counter petition. You can file your petition or answer and counter petition without filing a Parenting Plan but it is better practice to deal with this important matter before you file or respond.
If you complete the Parenting Plan after you file your divorce or file your answer and counter petition, file the original with the clerk of the court and you must provide a copy to your spouse by U.S. Mail .
IMPORTANT NOTE TO INDIVIDUALS USING THE PROGRAM TO COMPLETE THEIR ORIGINAL FILING DOCUMENTS-YOUR PETITION OR COUNTER PETITION: YOUR PETITION OR COUNTER PETITION STATES YOU ARE FILING THE PARENTING PLAN WITH YOUR PETITION OR ANSWER OR COUNTER PETITION.
IF YOU CHOSE NOT TO FILE THE PARENTING PLAN WITH YOUR PETITION OR COUNTER PETITION, YOU WILL NEED TO CHANGE THE WORDING ON THE FORM SO IT NO LONGER SAYS YOU HAVE FILED THE PARENTING PLAN WITH YOUR PETITION OR COUNTER PETITION TO “WILL BE FILED AT A LATER DATE.”
Florida Child Support, When Will it End?
Published November 8, 2010
In Florida, the easy answer to “when will my obligation to pay child support end?” is as each child turns eighteen (18) years old, Florida Statute 743.07(1). Eighteen (18) is the magic number. But your obligation to pay child support for the child who is eighteen (18) or older may not end automatically because the child turned eighteen(18). You may need to take some action in court to end your obligation to pay child support. Or your obligation to pay child support in Florida may continue because of other legal factors.
You may need to return to court to officially end your obligation to pay child support. Your marital settlement agreement may require you to return to court to end your support obligation.
The words you used to describe your obligation to pay child support may not be clear that the amount you are paying will be recalculation as each child becomes an adult (18 years of age). Another reason, might be your employer wants instructions from the court in the form of a new Order and Amended Income Deduction Order directing the employer to deduct a new amount of money from your pay check for a less number of children. The state agency that collects and distributes the child support may need additional instructions from the Florida court to officially change the amount of child support.
So it may be wiser for you to get an Order, even without someone asking, because the date you file the Motion to Recalculate Child Support will likely be the the date the court uses to reset the new child support amount. The longer you wait the later to file the Motion to Recalculate Child Support only sets back the effective date of the modification. Example – your son turns eighteen (18) on June 30th, he graduated high school ten days earlier on June 20th. For all purposes he is emancipated and his child supportshould stop. Unfortunately, the martial settlement agreement doesn’t talk about what should happen when your child turns eighteen (18). Your employer wants a new Order from the Court to change the amount they deduct from your paycheck. The state agency keeps telling you that you didn’t pay enough support because you just deducted what you thought was the right amount. The state agency records show you owe the full amount of child support and the state sent you a notice your driver’s license will be suspended.
It is not a bad idea to get an Order ending the obligation to pay child support. Not only would it be official and binding on everyone connected with the case, provide you with protection but it is an opportunity to get the child support amount recalculated.
This is important to understand too! Eighteen (18) may be a magic number for ending your obligation to pay child support but there are other reasons set out in Florida Statute 743.07(2) that would continue your obligation to pay support beyond the age of eighteen (18). There are two (20 reasons. First, if the child is mentally or physically handicapped before his or her eighteen birthday. Second, if the child is in high school when he or she turns eighteen (18) and is “performing in good faith with a reasonable expectation of graduation before the age of nineteen (19)”, then child support may go beyond the 18th birthday.
In summary, in Florida your child support obligation for each child should end as each child reaches eighteen (18). But as you read, it is not automatically done. Your employer or state agency may need an Order from the Court to end and or change the amount of your child support for the children who are still younger than eighteen (18). You will need to file a Supplemental Petition for Modification of Child Support, attach updated Financial Affidavit and Minimum Mandatory Financial Disclosure documents.
Children in a Florida Divorce
Published November 8, 2010
Obviously, where children are involved there is still some interaction among the parties. Significant amounts of money are spent on lawyers simply because the parties cannot get along even during the few moments it takes to pick up or drop off a child for visitation. Judges will sometimes have to lay out in great detail how exchanges regarding children shall take place. Third parties may be asked to assist in the situation, especially where supervised visitation is ordered. Supervised visitation may be necessary where one party proves that it is unsafe for the child to be alone with the other parent.
One of the most fertile grounds for legal battles involves child custody. (a term no longer used in Florida, the issue is about timesharing with the minor children) These contests can be as inexpensive or costly as the parties cause them to be. There is no presumption in favor of women in Florida with regard to timesharing with the minor children. In determining who is the more appropriate parent for the child to live with, Court’s apply a “best interest” test. Occasionally, depending on age, the child may spend an equal portion of each week/month/year with each parent, although Courts do not particularly favor this arrangement. When timesharing battles concerning the minor children really heat up, psychologists, psychiatrists, and other experts may be brought in to examine all concerned and to help the Court in determining what is in the best interest of the child.
In general, Florida law utilizes a concept called Shared Parental Responsibility. Thus, even though the child may live with one parent, the other parent has equal say in how the child is brought up. Each party has input for example on issues relating to education, health, religion, discipline, etc, and as always, if the parties can’t agree, the Judge will decide for them. Visitation issues can also arise. Many parents will want to spend as much time as they can with their children. Courts generally try to strike a balance between the work schedule of the parents and the needs of the child. The goal of course is to foster a close and loving relationship with both parents. In this regard, attendance at a children and divorce seminar is required for parties with children.
Florida law also contemplates parenting coordination. The purpose is to provide a dispute resolution process whereby a parenting coordinator assists the parents in creating a parenting plan by facilitating the resolution of disputes between the parents by providing education, making reccomendations, and with prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral. In any action in which a judgment or order has been sought or entered adopting, establishing or modifying a parenting plan, (except for certain domestic violence proceedings) and upon agreement of the parties, or the court’s own motion or motion of a party, the court may appoint a parenting coordinator and refer the parties to parenting coordination to assist in the resolution of disputes concerning their parenting plan. Note that the court will determine the allocation of fees and costs for parenting coordination between the parties. The court may not order the parties to parenting coordination without their consent unless it determines that the parties have the financial ability to pay the parenting coordination fees and costs.
Note that parenting plans are mandatory. They are a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time sharing schedule for the parents and child. The issues concerning the minor child may include but not be limited to the child’s education, health care, and physical, social and emotional wellbeing. The parenting plan must be developed and agreed to by the parents and approved by the court, or established by the court if the parents cannot agree to a plan. (or the parents agreed to a plan that is not approved by the court)
A parenting plan reccomendation means a non binding reccomendation concerning one or more elements of a parenting plan made by a court appointed mental health practitioner or other professional designated under law. In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study, The agency, staff or person conducting the investigation must furnish the court and all parties a written study containing reccomendations.
Another important issue arises when a parent wishes to relocate to another geographic area with the parties’ minor child or children. There are some very specific rules that apply in this situation. Relocation basically means a move of more than fifty miles for a period of sixty consecutive days or more. Parents may agree to a relocation. Unless there has been such an agreement to the relocation, a parent wishing to relocate must notify the other parent of the proposed relocation in the form and with the information required by the statute. There is then a deadline for filing an objection to the relocation in the form required by the statute. Once an objection is filed, the party wishing to relocate must institute an action in court to get permission to relocate. Relocation with the child or children without following the notice and other requirements may subject the party to contempt, an order for return of the child, and other consequences.
The court may also, prior to the final hearing in the case, temporarily restrain a parent from relocating, or temporarily allow the relocation. In assessing a request for either a temporary or permanent relocation, there are numerous factors in the statute which the court must consider in deciding whether the move is in the best interest of the children. If the relocation is granted, the court can of course order contact with the nonrelocating parent, including access, visitation, telephone, internet, webcam and other arrangements sufficient to ensure frequent and meaningful contact with the non relocating parent. The court will also specify how transportation costs will be allocated between the parents.
Child Support in the State of Florida
Published November 8, 2010
The amount of child support should not be an area of dispute because in a majority of the cases the amount of child support can be determined using the Florida Statute 61.30. This area is governed by Florida Statute and the Courts are bound to this law. In your petition, counter petition or by motion you can request temporary child support. If one of parties isn’t paying his or her fair share of child support you should apply immediately to the court for a hearing and get an order for child support.
It may take some time to get into court after filing your petition so the Court can make a decision about child support. The petition, counter petition or motion should ask the court to make the award of child support retroactive to the date the other party stopped paying support for the child. Usually that happens when the parties separate but the court can award retroactive support up to 24 months prior to filing for divorce and request for child support. Whatever the court decides on a temporary basis for child support will continue until changed by the court. Normally that change happens in the final hearing/trial when the judge enters the final judgment. at that time the amount of child support becomes “permanent”. The word “permanent” is in quotes because the amount of child support is always modifiable by the court . Modifiable because financial circumstances of the parties change, the father loses his job, the child gets sick and has special medical needs are just a few of the reasons why a court could modify child support amount.
In Florida, failure to pay court ordered child support can be enforced by a motion for contempt. The parent that should be receiving child support moves for contempt against the parent who should but isn’t paying child support. In some instances, the person failing to pay support can lose his or her drivers’ license or other licenses. If the non-paying parent has the ability to pay and doesn’t, the court could even order the non-paying parent be taken to jail.
If the parent ordered to pay child support is employed, upon request, the court can enter an income deduction order and have the child support taken out of his or her salary. The income deduction order will instruct the employer and the employer to pay the money to Support Enforcement who will distribute the support to the other party. This same process of enforcement applies to permanent child support awarded in a final judgment.
As state earlier, Florida has child support guidelines which are contained in Florida Statute 61.30. There are a few you need to know about child support. The Florida legislature created a child support chart that uses the combined net income of the parents to determine the basic amount of child support. Generally speaking, the parents combined net income and the total number of children common to the parents are the two facts used to determine basic child support.
Lets look at an example to help understand the workings of the child support chart. If dad earns a net of $3,500.00 per month and mom earns $1,500.00 per month the combined net income is $5,000.00 ($3,500. + $1,500.= $5,000.00). If there are three (3) children common to the dad and mom, then the child support chart would show the basis child support is $1939,00 per month. Next, you need to figure out how much each parents share of the $1939.00 basic child support. Each parents share is figured on the percentage their monthly income is of the combined income. The dad’s percentage of the basic child support would be figured this way: he earns $3,500.00 per month and you divide his earning by the $5,000.00 combined incomes. ($3,500.00 divided by $5,000.00 is 70%) So the dad’s share of the basic child support is $1939.00 x .70%= $1357.30 per month. the mom’s share is determined the same way. But for practice lets calculate it. She earns $1,500.00 per month and to determine her percentage share of basic child support you would divide her monthly income by the same $5,000.00 combined income figure ($1,500.00 divided by $5,000.00 is 30%) So mom’s share of basic child support is $1939.00 x .30%= $581.70 per month. There are other child expenses that get added to basic child support like child care (day care) expenses are added onto the basic guideline amount. Another child expense that gets added to basic child support is health insurance and uncovered health care costs. There is a formula to determine how much of day care gets added to basic child support and the additional expenses(day care/health insurance and uncovered health costs) can be ordered to be paid by only one of the parents or split evenly or divided based upon the percentages each parent must pay for basic child support.
The child support guidelines have helped to make the award of child support more predictable and consistent and the child support guidelines work best shen the parties are being honest about what they earn. Some parents try to hide income by not reporting it, or the second the divorce suit is filed lose their job or take a job paying much less money. the only person being hurt by such actions are the children! Make sure you do your discovery and get all the financial documents you need to prove the right amount of income so the children are not cheated.
A Florida court has a little wiggle room when it determines the amount of support and how much each parent will pay. Florida statute 61.30 (1)(a) allows a court to vary up to 5% from the guidelines without the need of a written finding of fact to support the deviation from the guideline. If you want a Florida court to award more support or less support you will need to file a motion to deviate from guideline support. Florida courts will follow the law and use Florida Statute 61.30(11) and the reasons for deviation listed in that part of the law. If you seek a deviation greater than 5% you must present evidence and convince the judge of the need to deviate. Some of the reasons for deviation is extraordinary medical, psychological, educational, or dental expenses, age of the child-older kids cost more money, special needs associated with the disability of a child usually met within the family’s budget; SUBSTANTIAL TIME SHARING which means one parent has the children at least 40% of the time and the other parent 60% of less. Who gets the child tax credit can influence the amount of support paid too.
A downward deviation can be sought, if as a result of a single support order, one person is required to pay the other person more than 55% of their gross income. There is another page dedicated to explaining line by line how to calculate and complete a Child Support Guideline Worksheet. Before you visit that page get yourself a cup of coffee, paper and a sharp pencil. If you have children, you must file a Child Support Guideline Worksheet so it is important that you learn how to do the calculations and complete the form.
Domestic Violence & Divorce in Florida
Published November 8, 2010
Zero Tolerance… Victim Advocacy?
Domestic abuse should never be tolerated. Who would disagree with such a statement? Few people, if any, I hope. Of course, this view is the reason America now embraces widespread zero-tolerance/pro-arrest/ no drop policies as the answer to domestic violence. Reasonable people believe these are good, defensible policies. They represent our desire to protect and provide active support to victims of abuse.
But, while zero-tolerance policies reflect a noble aim, they should never be the stage on which injustice parades as altruism. Could it be that our policies have opened the door to judicial abuse? Could they have made it too easy for false allegations of abuse to succeed in the courts? I believe they have. In my new book, I tell the story of my own encounter with the courts after my wife of thirty years decided to obtain a restraining order during our divorce.
Divorce. It is hard to imagine a more disruptive or more distressing human event. Two people must face the task of putting to an end some of the deepest aspirations for personal happiness they have ever had the courage to acknowledge. Unfulfilled yearnings for attachment and intimacy must be faced and grieved. The desire for social, emotional, and financial security will be stopped in its tracks.
And if there are children? Add to this picture, feelings of guilt and remorse for having failed to provide what parents everywhere strive to provide their children the security of a home, the stability of a certain relationship, the model of a loving, reliable set of parents.
And if domestic abuse is the reason for divorce? It is doubtful anyone can understand completely the torment of an abused partner: the doubts, the fears, the courage, the uncertainty, the vulnerability, the mind-wracking, heart-breaking, soul-wrenching pain of such a betrayal.
And if a false accusation of abuse is made during the divorce? It is doubtful anyone can understand completely the torment of the falsely accused partner: the doubts, the fears, the courage, the uncertainty, the vulnerability, the mind-wracking, heart-breaking, soul-wrenching pain of such a betrayal.
The personal cost of these events is overwhelming.
In the past thirty years, America has attempted to deal effectively with domestic violence. In the early 1970’s when I first began my career, we called our state’s program, “Services to Battered Women”. It was a start. It was a “patch-something-together” program. The women who operated the program felt inadequate in their efforts to reach the state’s abused women. This was a cause of moral pain. There wasn’t much administrative or financial support for their services.
Thirty years later, much has changed. Across the country, every state now places the highest priority on services to abused women. Each state has come to regard domestic assault as a crime, and not simply a problem of the couple. Every state has instituted abuse prevention statutes calling for the issuance of protective, or restraining, orders as the tool of choice for local courts and police to protect a victim. In 1992, the federal government passed major legislation to provide funding and policy initiatives to combat domestic violence. Now, thousands of agencies and shelters offer help to abused women. Services to battered women don’t look at all they way they looked 30 years ago. Across America, states have run a zero tolerance flag up the flagpole. This has been to signal the country’s seriousness about combating domestic violence. On the surface, these have been important and noble reforms.
But…
Ask someone on the street what he knows about abused men in the United States, and you are likely to get a blank stare in return. Then ask this person if he thinks men who are accused of domestic violence should be offered legal protections, and you are likely to see an appalled expression on this person’s face. He is likely to say, “Why should I care about the rights of men, when we’re talking about domestic violence? After all, women are the victims of domestic violence, right? And, if I care about an accused man, wouldn’t that simply mean that I’m soft on fighting domestic violence?”
This is a common response. Few people realize that each year more than 800,000 men fit the criteria for domestic violence victim. Further, nobody wants to acknowledge publicly that each year almost 500,000 men are falsely accused of domestic abuse. And, because these numbers are not part of the public consciousness, it is little matter to us that women’s shelters don’t provide protection for abused men. Nor is it a concern that there are now, in the United States, only two shelters for battered men. It’s hard to imagine fitting 800,000 men into two little shelters.
Maybe it’s because the experience of abuse is so overwhelming, that we can’t take in a full understanding of the problem all at once. Maybe we should be content that we’ve made the progress we’ve made in the last 30 years. At least now we’re able to lend credibility to the women who report their abuse. Thirty years ago, we used to blame women for their abuse… we used to say they were masochistic… we behaved as if we believed women wanted to be abused.
“At least, we’re not doing that any more,” our man on the street might say. “That should count for something, shouldn’t it?”
“Yes, of course,” I would answer. “But we’ve made these gains at great expense. We’ve said, effectively, that in order to open our eyes to the rights of women, we need to close our eyes to the rights of men. What makes us behave as if social justice were a scarce commodity, and that men and women must be in competition for the little that is available? Why is it that one must win, while the other loses? Who set up this artificial contest?”
At this point, my brief exchange with the man on the street would likely end. He would go his way, and I would go mine. I would find myself reflecting that we’re not at the point yet when we can entertain a solution to the problem of abuse without insisting that for A to prevail, B must be defeated. I would find myself thinking that in America, someone must pay…