Want to know more about Florida divorce? The DIY Divorce TeleTest Drive is a great way to learn more about Florida divorce law. It is also a great way to sample our tele-classes.
To accommodate those who cannot make it to an evening class, we will have a Basic Divorce Law class this Saturday, October 4th at noon. To sign up click here.
The Basic Florida Divorce Law class is FREE. Here are the topics we cover:
Types of Divorce Proceedings
The Court Process
Child Issues - Parenting Plans
Equitable Distribution of Property & Debt
Alimony
Procedural Issues in Florida Divorce
Join us this Saturday for Basic Florida Divorce Law.
Divorce court is not an uncommon place to find a couple after one of them has had a failed business
venture. Financial pressure is often cited as a factor in filing for divorce. When one spouse's business goes under during the marriage and owes taxes, that tax debt is a marital debt. And since Florida is a "no-fault" state, the court will not punish one spouse for poor business decisions.
During your Florida divorce, the court will equitably distribute
marital assets and marital debts. The issue of when a debt will be classified as marital is one of timing. If the debt was incurred
during the marriage, it will be classified as marital debt even if the debt is only
in the name of one spouse and even if the debt is a result of one spouse's poor business decisions. So, if the tax debt covers the period of the marriage, it will be a marital debt and divided by the court.
Bottom line: a tax debt incurred during the marriage is a marital debt that will be divided between the spouses - even if incurred only by one spouse - in the Florida divorce process.
Florida's equitable distribution process divides marital assets, but when non-marital assets are combined or "co-mingled" with marital assets, at least part of the asset becomes marital. It happens more easily than people realize.
Florida courts routinely rule that
when marital money is used to pay the mortgage on non-marital property, the increase in equity is marital (Remember: during marriage your earnings are marital, so unless you pay from a non-marital account, the increase in equity is marital).
when marital effort results in increased value of a non-marital, that increase is marital.
when someone else manages non-marital investments and they increase in value, it is not marital
when non-marital money is deposited into a joint account, it becomes marital
If you have non-marital assets and have used marital money to improve them, realize that the increased value will be considered marital. If your spouse had a non-marital asset, like a house, and earnings or other marital funds were used to pay the mortgage you are entitled to half of the increased value. It is tricky to work through this issue and you will need to agree to a value or have an expert testify in your Florida divorce trial.
Child support was awarded, but payments are not being made. Sound familiar? Unfortunately, you are not
alone. Enforcing child support orders can be an intimidating process, but you do not have to go it alone. This is one situation when the government CAN help you. The Florida Department of Revenue is responsible for child support enforcement. You can apply for DOR services by filing an application and paying a small ($25) fee.
Here are the actions that DOR can take on your behalf:
Suspend licenses - driver's, hunting, professional
Put a lien on the non-paying parent's property
Intercept payments
federal tax refunds (and stimulus checks)
unemployment benefits
worker's compensation awards
lottery winnings over $600
File motions for contempt
In Florida, both parents have a duty to support their children. If child support payments are being made as ordered, get help through the Florida Department of Revenue Child Support Enforcement Unit.
Florida parenting plans will need to cover some basic areas. Of course, the primary area will be the
timesharing schedule of the plan. When will each of you have the children with you? Holidays, school vacation days, special occasions, illnesses, and travel logistics all need to be considered when developing your schedule. An economical software program can help you see how the schedule looks on a color-coded calendar.
Some other areas related to the timesharing schedule include:
Pick up & drop off arrangements
Right of first refusal
Telephone, email and webcam contact
Transfer of clothing, toys and other child accessories
Time with extended family members on both sides
Keep in mind your family's unique situation when developing the timesharing schedule. Each family must now develop a timesharing schedule for their Florida Parenting Plan.
DIYDivorce now offers a downloadable Comprehensive Florida Parenting Plan. In Word 2003 format, the Parenting Plan is easy to customize for your family. Simply check the boxes in each section according to your agreement. The plan covers:
