How to Get a Motion for Temporary Relief in a Divorce During COVID Times

Our West Palm Beach Divorce Lawyer Explains Motions for Temporary Relief

The spread of COVID-19 is responsible for putting millions of Americans in a difficult financial situation. More than 50 million people have filed for unemployment since the start of the pandemic earlier this year. For people going through a divorce in Florida, their financial situation may be especially precarious.

Issues surrounding child support or alimony may exacerbate financial problems, such as paying a mortgage, rent or insurance premium. Fortunately, there are ways to obtain a motion for temporary relief in Florida. read more

The Link Between Coronavirus and Divorce

As more couples self-isolate to stop the spread of coronavirus, relationship experts expect an increase in divorces. When a relationship is already strained, prolonged periods of togetherness could result in explosive arguments and general trouble. For some, the time together might rekindle lost passion or help improve their marriage. However, for other couples, extensive time together could end in divorce. Seeking a divorce in Florida during a lockdown could be difficult, but not necessarily impossible. read more

Taxes and Divorce: When Do You File Alone?

Picture of woman calculating taxesFiling taxes can be a daunting task. In the United States, there are currently five filing options. These options include:

  • Single;
  • Married filing jointly;
  • Married filing separately;
  • Head of household; and
  • Qualifying widow(er) with dependent child.

Determining which filing status to use depends on many different factors. First, your marital status on the last day of December dictates your marital status for tax purposes for the entire year. If your divorce was finalized on or before December 31, then you cannot file jointly.

Consequently, if your divorce is not final, you may choose to file:

  • Married filing jointly
  • Married filing separately
  • Single under certain circumstances

According to U.S. Code § 7703 (a) (2), if you are legally separated from your spouse “under a decree of divorce or of separate maintenance” you are not considered married and may file as single.  However, do not presume you are “legally separated” because you are living apart and a divorce is in the works. read more

Is Florida a Community Property State for Divorce?

Picture of concept of divorce and property divisionDivorce is never easy. Dividing your assets and property can be stressful in even the best circumstances. During a divorce, property division often becomes a contentious issue. Who will get the marital home? How will the judge decide to divide your property? Is Florida a community property state?

What Is Community Property?

Community property states consider both spouses to co-own all marital assets and debts jointly. These states distribute marital property and debts in half. There are 10 community property states in the country. Florida is not a community property state. Florida follows the equitable distribution rule. read more

Ex-Spouse Filing For Bankruptcy? How This Affects Child Support

child custodyIt’s an unfortunate truth that often times ‘money problems’ are cited as the leading cause or contributing factor to divorce. Considering this, it’s not unusual for a post-divorce bankruptcy (or two) to play a part of the life after divorce.

In dealing with bankruptcy concerns, child support becomes a critical factor for Florida law cases. If you find yourself facing this situation with your ex-spouse, you need to be informed about how bankruptcy affects child support payments.

Often, one party files for bankruptcy under the impression that any and all financial obligation to the other party will be dischargeable in the bankruptcy. However, this is simply not the case with domestic support obligation(s). In response to the economic downturn and housing market decline, a bankruptcy law went into effect in 2005, titled ‘The Bankruptcy Abuse Prevention and Consumer Protection Act’ (BAPCPA ). This altered the relationship of debtors and creditors, and even altered the relationships between creditors. This new law changed many things in the bankruptcy code including how a “domestic support obligation” will be treated. read more

Tips for Working Through Time Sharing and Child Visitation Challenges

father son reading

Time-sharing and post-divorce family living isn’t as easy as it looks on paper. Once you and your ex-spouse complete the process of divorce and separate households, you may see and welcome this as a ‘fresh start’. However your children may experience a longer post-divorce  adjustment period and they may continue to feel a roller coaster of emotions as a result of  the change.

When this happens, even the most amicable of co-parenting arrangements can prove stressful.

Many, if not most, children have a difficult time comprehending and adapting to new life circumstances. Different living arrangements and unknown things, places and people can be unsettling to a child. There may be a new step-parent or partner in one (or both) households, the change in neighborhood and daily routine can lead a child to withdraw, throw tantrums, cry and act out in anger without cause. In essence, kids frequently respond to post-divorce change with feelings rather than reason. read more

5 Tips for Co-Parenting During Summer Break and Vacations

vacation

It’s that time of year again!  Summer time offers children a special time to look forward to fun, outdoor activities and freedom from school duties. While all that typically comes with summer break for kids, for post-divorce parents, it can be a challenging time.

What is typical in many co-parenting arrangements, children are with one parent or the other for longer periods of time over the summer than during the school year.

In summer time, regular schedules and habits change. It’s this change up in routine and scheduled parent time that can produces anxiety for children and concern for parents. read more

Limiting Child Visitation Rights aka Timesharing Rights

child visitation

As a divorced parent, you may find co-parenting and visitation rights to be one of the hardest challenges you will face post-divorce.

child visitation

In the best of cases, an agreement on a cohesive parenting plan allows both parents to work together to raise children in a healthy and loving manner.  Unfortunately, not every scenario works out so easily, and the child’s welfare is the Family Law Court’s primary concern with all custody and visitation matters.

Parents and relatives may be denied visitation rights for the following reasons: read more

Having Trouble Collecting Child Support From Your Ex-Spouse?

Having Trouble Collecting Child Support from Your Ex-Spouse

A key understanding in all divorce cases that involve children is both parents have an ongoing obligation to support their children.

Divorce or separation does not negate or minimize the level of obligation to support and properly care for the children.

The court’s primary goal is to establish post-divorce custody orders that are in the best interest of the child. In most cases, one parent receives custody of the child the majority of the time, as opposed to equal time.

To help that parent, the court orders the other parent to pay child support. The amount is usually based on the income of both parents and is made in light of what will be in the best interest of the children. Child Support  guidelines created by state law help arrive at the amount the other parent must pay. But what do you do if the other parent fails to pay you the required amount? read more

Disconnecting From Your Spouse Online

change passwords

Shared digital/online accounts is another tech-related area that may present concerns over privacy and trust during a divorce.

change passwords

The number of shared accounts, from family cell phone plans to streaming movie and entertainment accounts have skyrocketed in the past decade. At some point during a divorce proceeding, either you or your ex-spouse may insist on separating cell phone plans and such, but your accounts are still under contract for a period of time.

Mobile Phone/Tablet/Wireless Accounts

Many online accounts will be easier to separate, but some may require a complete disconnection of services. Take mobile phone/wireless plans for instance. These plans and contracts can be difficult to separate, since most plans are under contract for two years and you face penalty fees if you break the contract early.  Additionally with a shared mobile phone plan, it’s easy to access the shared account  minutes, text, data streaming and picture messaging – meaning each partner can monitor the other persons’ mobile activities. You have two options here: read more