The Supreme Court form is  missing a few important lines of financial information.  Specifically, the child support obligation for combined net incomes from $2,600 to $2,800, which is five different levels of income on the Guideline Chart needed to calculate basic child support for one through six children.  The range of net monthly combined income  is $31,200 per year or $2,600 per month and $33,600 or $2,800 per month.

If you are using form 12.902(e) to calculate basic child support and earn between $31,200 and $33,600 you will not find the lines on the chart that you need to find your monthly child support obligation.  We have provided the missing information so you can find the basic child support amount in the chart below.

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Combined                     One                   Two              Three               Four               Five               Six

Monthly                     Child              Children       Children           Children       Children       Children

Available

$2600                       568                   880                     1101                 1242               1354             1447

2650                          578                  896                      1121                 1265               1379             1473

2700                         588                   912                       1141                 1287              1403             1500

2750                         597                   927                       1160                1308              1426             1524

2800                         607                   941                        1178                1328               1448            1549

If you and your spouse earn a combined net monthly income of $31,200 to $33,600, you will find these lines of information from the Child Support Guideline Chart useful in completing your Florida Child Support Guideline Worksheet, Florida Supreme Court approved form 12.902 (e).

You can double check the basic child support amount by visiting yourdivorce101.com and clicking the Rules and Statute on the side bar menu and scrolling to Florida Statute 61.30 and locating the Child Support Guideline Chart found in that section of the statute.  the chart of income and support amounts for one through six children are taken from that chart.

Should the reader need any legal questions answered, or legal advice such advice should be obtained by you from a licensed Florida attorney.  This blog is also not intended to serve as an advertisement or solicitation of legal or other business, in any nation or any state, particularly outside the State of Florida.  The authors also do not intend or desire to solicit through this blog the business of anyone in any other nation or state where this website, or the use thereof, may not be in compliance with any law or ethics rule.

Disclaimer

1.  Filing Fee – Will be paid to the Clerk of the Court, usually $410.00 (plus or minus).  It is paid at the time you officially begin your divorce in court.

2.  Summons Fee -Will be paid to the Clerk of the Court, usually $10.00 (plus or minus). It is also paid at the time you officially begin your divorce.

3.  Service of Process Fee – Is paid to the Sheriff’s Office, usually $40.00 (plus or minus).  It is also paid at the time you officially begin your divorce.  A respondent who files a Counter Petition will pay a Filing Fee but will not pay for a Summons.

There is no reason to issue another summons and you do not need the sheriff of private process server to deliver the Counter Petition because you only need to mail the Counter Petition to the other party.)

4.  Parenting Class -This is required if you have a minor child.  The cost is about $40.00 (plus or minus) (These are typical Litigation expenses)

5.  Court Reporter – Will attend a hearing, deposition or trial.  You are paying for their time to attend, nothing more.  This can be $65.00 per hour or higher.

6.  Transcript - This is the testimony previously taken down by the Court Reporter that has been transcribed, printed and published.  There is a charge for the time and service of a court reporter which is different than the attendance fee and an additional cost to you.  You will be charged for the preparation of a
transcript.

7.  Production – Reproducing documents ordered from third parties (spouses bank or insurance company).  There is a cost for this process.

8.  Witness Fees – (Non-experts) are paid to each witness you subpoena for deposition, hearing or trial.  A witness (non-expert) gets paid a set amount plus
mileage.

9.  Mediation Fee – All cases are required to Mediate before trial.  Some courts require it before a contested hearing.  Mediator’s charge about $250.00 per
hour, some more -some less.  There is usually a two (2) hour minimum.  Mediators expect to be paid  at the end of the Mediation whether this is a
settlement or no settlement.

10.  Expert Witness – Would be a doctor, accountant, psychologist, and mechanic (see Florida Rule of Evidence 701).  They will be paid for their time
and knowledge.  What an expert charges is up to the expert (although it can be brought to the judge to decide). It can be your expert charging
you or the other sides expert charging you when you take their deposition. Either way it is an expense.

This site is Florida specific in its content and point of view.  It is about you the Florida resident seeking information about a divorce.  We specialize in Florida divorces.

Use of the program will permit you to accurately complete your Florida  divorce filing or answer and file a counter petition without an attorney.

The process to do so is simple, quick and convenient.  If you have questions about the process or what the questions are asking, you can call us and we can help you understand.

The forms, papers and documents you need to complete are up to date and accurate.  The documents you file will be patterned after the Florida Supreme Court approved forms.

You are provided a REVIEW of your important information so you can check and verify your answers are correct before you have them completed.

Your can change the information on your form at no additional during the REVIEW.

This site protects your privacy and your information is secure using 128-bit encryption.   Your information will not be released to anyone except you.

We do not store your credit card information.

As a divorce case goes along you and your spouse may not agree on all things.  The Disagreements can be resolved in a hearing where a judge will enter an order that sets out in writing how he or she wants the dispute resolved.  Sometimes a judge will order the parties to mediation (check out the site for a discussion of mediation topic) before he or she will hear a motion.  Go on to your county circuit court website, find your judge and determine if he or she has anything about setting a hearing and the requirements, if any.

An order usually decides temporary issues before trial, like time sharing, support, attorneys fees, enforcing discovery requests to name a few.

A judgment is usually named “Final Judgment of Dissolution”.  A judgment is the written decision signed by the judge.

In a “Final Judgment of Dissolution” the judge will detail his or her finding of facts, conclusion of law and how each issue or claim is decided – property division, debt division, alimony, time sharing with minor children, attorney fees, support arrearages, etc.

Orders and judgments are enforced by contempt.  Final Judgments of Divorce can be appealed.

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.”

When you hear the word ” jurisdiction”, think about power and authority.  A court’s power is granted in the Florida Constitution and the Florida Statutes.  A Circuit Court (a trial court) has the power to rule upon claims raised in a divorce. So a circuit court has jurisdiction (power) over the subject matter of a divorce. Divorces have several subjects like the dissolution, division of the assets and liabilities acquired during the marriage, alimony, parental responsibility, time sharing and child support to name a few.

How does a trial court get subject matter jurisdiction over a divorce?  Obviously one of the parties must file a petition for divorce.  In the petition the party must state he or she is a resident of Florida for six (6) months or more before the divorce is filed.  This is the residential requirement for subject matter jurisdiction.   Read the Petition for Dissolution and you will see that the petition actual says at least one of the parties is a resident of Florida six (6) months or more prior to filing for divorce.  Even if you file a petition for divorce and pay the fees,  you must plead and prove the residential requirement or the court will not have power to rule on the subjects brought up in the divorce proceedings. You can’t even agree to waive the residency requirement, it must exist in fact and be provable.

The other part of jurisdiction is called  personal jurisdiction.  Think in terms of authority the court has over the people who are part of the divorce.  A court cannot carry out its power over the divorce subject matter unless it gained authority over the parties named in the divorce petition.  A person filing the divorce submits themselves to the authority of the court because they filed the suit seeking the use of the court’s power (jurisdiction) over the divorce action.  The court perfects its authority over the other party to the divorce (personal jurisdiction) when the other party is served the papers for the divorce or by other means known as constructive service or long arm service.  Constructive service and long arm service are discussed under their own topic.

The extent to which a court can exercise its power  over the subject matter of a divorce is affected by the  authority part of personal jurisdiction.

Lets look at an example:  a wife moves to Florida from California.  She moved to Florida two (2) years ago.  The husband never lived in Florida.  The husband and wife have two children who are with the mother and living in Florida.  The wife lived in Florida for more than six (6) months and submitted herself to the jurisdiction of the court when she filed for the divorce.  No problem.  But, even after the wife has the husband served with the Florida divorce papers in California, the husband’s lack of contact with Florida will reduce the courts power over some of the subject matter raised in the claims and issues of the divorce.  Florida court can grant the divorce but can’t grant a judgment against the husband for alimony, unless the husband also seeks affirmative help from the Florida court too.

Jurisdiction can become an involved topic. This is only meant to help you get an idea of the terminology.  You will need to do more research at the law library or consult with an attorney for a more indepth explanation and application of jurisdiction.

We are considering both; which should we do first? In today’s world, couples are under more financial stress than ever before. Unfortunately, a dire financial condition is often the final straw in a troubled marriage. Many couples today are considering not just a divorce, but also the possibility of a personal bankruptcy. While it is difficult for couples at such a stressful time to focus on long term strategy, it is important for them to consider timing of the divorce and the bankruptcy so that the already difficult process is not complicated by additional problems.

With divorce affecting half of all marriages, and bankruptcy losing its stigma, it has become common for couples to contemplate both at the same time. Bankruptcy has become simply a tool of financial survival and an option that makes good business sense in an era of great economic hardship.

Why Filing Bankruptcy Before Divorce Usually Makes the Most Sense

These days I see more and more situations where couples have resorted to using credit card debt to fill the gap during times of unemployment or illness. In many marriages, both husband and wife have credit cards where they are separately responsible and also  credit card debt where they are jointly responsible for the payments. Couples discussing divorce sometimes make agreements regarding such debt which does not take into consideration which party originally signed for the debt. Whose credit was used to obtain the card?

While agreements like the one above might be binding on the parties in a divorce, such agreements are not binding on the lenders involved. For example, the husband agrees to pay the wife’s Mastercard bill, but fails to do so. The bank does not care that the husband agreed with the wife to pay the bill, they only care that the wife originally agreed to pay them, and they will come after the wife for payment.

It is important to remind yourself of the following:

• Debts incurred jointly during the marriage are the responsibility of both parties.
• If your ex-spouse fails to pay joint debts that he or she agreed to pay according to the divorce,  you will be stuck with them.
• If your ex-spouse files bankruptcy and you do not, you will be liable for the joint debt, no matter who agreed to pay it in the divorce settlement.
• •If your ex-spouse agreed to pay one of your debts and does not pay it, the bank will come looking for you, no matter what the divorce settlement says.

Part of the strategy is trying to figure out if the couple can jointly qualify for a Chapter 7 bankruptcy, which is a liquidation. To determine eligibility for Chapter 7, a financial calculation is performed, which is known as the “Means Test.” If the couple is still living together, even if the divorce is imminent, the income of both spouses, will need to be included in the calculation of the Means Test to determine if a Chapter 7 bankruptcy is a viable alternative. Therefore, if the combined income is too high, it might be better to wait until you have separated before filing bankruptcy. You can be living separately, but still married, and should still file prior to the divorce.

To avoid a post-divorce financial mess, it is usually best to file bankruptcy before you file for divorce. There are a number of advantages to this strategy. First, it saves you money and makes your divorce less complicated and more straightforward. Filing jointly is less expensive than each party filing separately. Sometimes the difficult part of doing this is that it requires that you and your spouse cooperate. Dividing marital property after a divorce is a much easier task.

Advantages of Filing Bankruptcy

Figuring out who owes which debt, and negotiating with your soon to be ex-spouse as to who is going to pay those debts, can be a messy, expensive and frustrating process. One of the great advantages of filing bankruptcy before the divorce is to know how your debts will be handled.  Another benefit is that the automatic stay connected to all bankruptcies will eliminate dunning calls and letters from bill collectors.  There is nothing worse than trying to work through the frustration, pain and  agony of a divorce and getting five calls a day from Bank of America asking when you can send that credit card payment. By the fifth call, you want to jump through the phone and rip the lender’s head off. When you file the bankruptcy, all collection efforts must cease, immediately. Banks and other lenders know that if they call you, it violates the automatic stay issued by the federal court, and they can, and will, be held in contempt of court if they continue. Rarely, if ever, do they continue to call, and those that do are very sorry that they were so stupid.

While bankruptcy will make things easier when you divide up the marital property, there are a number of things it will not do, including, but not limited to:

• Keep you from paying alimony;
• Stop you from having to pay child support;
• Eliminate student loans

Kinds of Bankruptcy

For individuals, there are two primary types of bankruptcies, Chapter 7 and Chapter 13 bankruptcies. The major difference between them is in the amount and type of debt that is discharged and what property the debtor is able to keep.

Chapter 7

This is also called a “straight bankruptcy” or “liquidation bankruptcy” since it eliminates all debt, with the exception of items such as alimony and student loans. All property that is not “exempt” is liquidated to pay off the debt. This kind of bankruptcy is available to individuals if they meet certain income levels, and as long as the court doesn’t determine that the filer is trying to abuse the system.

Chapter 13

This type of bankruptcy is a “reorganization”, and for strategic purposes can be entered into voluntarily, or can be required if the debtor’s income exceeds certain levels. Depending upon the circumstances, the reorganization lasts between three and five years.

Other Forms of Bankruptcy

If you have more than $1,081,400 in secured debt or $360,475 in unsecured debt, you cannot file for Chapter 13, but must file for restructuring like a business under Chapter 11. Farmers may file under Chapter 12.

If you are contemplating a divorce, and your financial situation is precarious, you need to check into a bankruptcy filing before the divorce. Too many times we see couples who go forward with a divorce and then contemplate a bankruptcy, when a filing before the divorce would have simplified their situation.

For an uncontested divorce, the attorney draws up a Marital Settlement Agreement and the parties go to Court for a very short final hearing. (it is not always necessary for both parties to attend the final uncontested divorce hearing) The cost should be minimal and the case can usually be wrapped up within thirty days of the time that the parties come to an agreement.