How Changes in the Florida Retirement System will Affect Your Divorce

In May, Governor Rick Scott signed into law changes to the Florida Retirement System (FRS), which will take effect July 1, 2011. The changes will affect state and county employees who are divorcing in two ways:

1. Florida’s child support calculations allow you to deduct from your gross income mandatory contributions to retirement plans. Participants in FRS are now required to contribute 3%; therefore, their net income should be lowered in the child support calculations.
2. A retirement plan, including FRS, is an asset that needs to be divided in a divorce. FRS participants used to receive an annual 3% cost of living adjustment based on their years of service for their benefits, which increased the overall value of the retirement plan. The new law changes how the formula incorporates a participant’s years of service, which decreases the percentage below 3% and makes the percentage specific to each participant. The effect is a lower overall value.

     Posted on June 23, 2011 at 12:21 pm | No comment

3 Money Things to Consider for Your Divorce

Divorces are extremely difficult emotionally; they are also difficult financially. Most divorcing couples only consider their emotional need to end the relationship, and they don’t consider the financial challenges.

Here are 3 money things to consider for your divorce.

1. Do your budget. There’s that dreaded word… budget. You knew that as soon as you read the word “money” that “budget” would soon follow. You can’t escape the reality, though. Most families can’t support one household, and after the divorce, you’re expected to support two. Review every expense and know where your money is going. Reduce them as much as possible. There are plenty of good classes, books, articles, and internet resources. You have to figure out your budget.
2. Consider your house. You or your spouse may want to keep the house. Typically, that desire is either for the benefit of the children or because of an emotional attachment to the house. You need to take a hard look at the money part of that decision. Can you afford the carrying expenses? Can you afford to refinance? You both may be in a better financial position if you sell the house and purchase one that is more affordable.
3. Check Health Insurance. Most families have a family health insurance policy. When the marriage ends, so does the policy for one of the spouses. The spouse who is losing the insurance coverage needs to check on the costs of COBRA and of some other replacement policy. You need to know what you’re going to do before the divorce is final.

     Posted on June 5, 2011 at 11:38 am | No comment

If Divorce is the Answer, What’s the Question?

I often wonder if people know why they’re getting divorced. When my clients come into my office, a lot of times they talk about no longer being in love, cheating on each other, spending too much money, and one of them drinking or doing drugs again.

Aren’t these just symptoms?

After further discussion, I usually find that they never communicate, at least one of them won’t go to counseling, and they never discussed their goals and dreams at the beginning of the marriage. Perhaps these things can be fixed if they’re willing to put the necessary time and effort into dealing with them.

By the time they’re in my office, the symptoms are overwhelming and the underlying reasons are complex. Divorce probably seems like the easiest, maybe even the only, solution. I wonder if that’s truly the answer, however.

I encourage people who are considering divorce to consider the possibility of the underlying reasons for their divorce. If they are convinced that divorce is the answer, I then encourage them to dedicate themselves to working cooperatively through the divorce process. Most of the decisions divorcing couples make affect their future, and the focus needs to be on resolution that improves their future; otherwise, why divorce?

     Posted on May 20, 2011 at 12:54 pm | No comment

3.5 Ways to Keep Yourself Safe During a Divorce

Earlier this week, Catherine Scott-Gonzalez’ husband attacked her while in the Judge’s chambers in Broward County, Florida. They were at the courthouse for their final divorce hearing, and the husband became angry when the Judge said he would be ordered to pay child support.

It is not surprising to hear of violence occurring during a divorce. It is, of course, unusual to have violence erupt during a court proceeding. The most surprising aspect of the story, however, is that there was not a bailiff or deputy in the room.

This story sends a loud message that during a divorce, you have to keep yourself safe, even in the courthouse.

Apparently, Broward County does not automatically assign a deputy to every Judge. The Judge is responsible for notifying the Sheriff’s Office if they want a deputy. Furthermore, after the incident, the Sheriff’s Office representative said they have no plans to change their policy.

Here are 3.5 ways to keep yourself safe during a divorce:

1. Don’t assume that your attorney knows of the safety risk. Divorces are extremely emotional, and it is not uncommon to have threats made. Furthermore, many times clients do not even mention the threats or describe their fears. If you have an injunction/restraining order, ask your attorney if your contact information can be kept confidential in the divorce court file.
2. Don’t assume that the Judge knows of the safety risk. With huge caseloads, the Judge hasn’t necessarily read what information you have included in the documents you filed with the court. Even if you have attempted to obtain an injunction or restraining order, the Judge may not have been notified.
3. Discuss your safety plan with your attorney. If you have a fear for your safety, don’t just mention it to your attorney, and hope that the attorney then takes care of everything. Before any meeting with the person you are afraid of, you need to discuss with your attorney the steps that will be taken to protect you. Ask if the building requires all guests to go through security, and especially a metal detector. Ask to have a bailiff or deputy in the courtroom. Ask where the closest exits are to the hearing room. Ask if someone is available to escort you from the building. If you have an injunction/restraining order, make sure it is with you.

 3.5 Make sure you notify friends and family that you have a court hearing for your divorce, where you will be, and what time they can expect to hear from you after the hearing.

 http://www.miamiherald.com/2011/04/20/2177966/advocates-question-security-after.html

     Posted on April 22, 2011 at 3:35 pm | No comment

Collaborative Divorce Video Shows Value of Reducing Conflict

The IACP is a pioneering organization in the areas of promoting and training Collaborative Divorce as an alternative to the traditional divorce process.

You can see the video, “Collaborative Divorce: A Safe Place” here:

http://video.collaborativepractice.com/video/default.html

     Posted on April 14, 2011 at 2:51 am | No comment

Florida’s New Child Support Law

I discovered recently that not everyone who works within the area of Divorce & Family Law realizes that Florida has a new child support law as of January 1, 2011. It seems to me that if not everyone who works within the field realizes there’s a new law, many of you may not be aware of it either.

One of the biggest changes is that you now receive a credit for substantial parenting time if you have your children for at least 20% of the overnights during the year, which is 73 overnights. If your children are with you every other weekend from Friday to Monday (three overnights), you will reach the 20% threshhold without problem. The old law only provided the credit if your children were with you at least 40% of the overnights.

This change in the law is intended to address the conflict about money. It is widely believed that many parents would fight for more overnights with their children so they would be entitled to the substantial parenting time reduction. Now that a parenting time schedule that is minimal for most families triggers the reduction, we should see less fighting over the parenting time.

If you have any questions about how the new law affects you, please contact my office at 239-542-4733

     Posted on March 28, 2011 at 7:50 am | No comment

3 No-Conflict Gifts for Your Co-Parent on Valentine’s Day

Although Valentine’s Day is really just a Hallmark holiday, it has become important for many people, and can be source of stress. Where should I make dinner reservations? Should I just buy flowers and chocolate, or do I buy something more expensive, like jewelry?

It can be even more complicated if you are no longer in a relationship with your children’s other parent. Your children are learning from you and your co-parent about life, relationships, and parenting; therefore, Valentine’s Day is the perfect time to show that you can be civil and cooperative with your co-parent because of your love for your greatest gift together – your children.

Here are 3 no-conflict gifts for your co-parent:

1. Give yourself a gift. If you are still upset and depressed about the breakdown of your relationship, your emotions may be dictating your actions. In order to co-parent, you need to appreciate yourself and recognize your abilities. Recognize that you are able to move on with new opportunities. Show yourself some love. Get some flowers and put them in a place where you will enjoy them. Dance and sing to a new CD. Buy a DVD or book, and enjoy the solitude. Pick up dinner so you don’t have to cook.
2. Offer your co-parent more parenting time with the children. You may spend the rest of the year fighting over parenting time. Why not surprise him/her with an unsolicited offer to have more parenting time, no strings attached (and I don’t mean for Valentine’s Day, when they’ve already made plans to spend time with the new person in their lives). It shows your children that you support and encourage your children to have a relationship with both parents, and your co-parent should appreciate the gesture – after he/she passes out, of course.
3. Make a list of the reasons why your co-parent is a good parent. You can probably fill a book with a list of reasons why your co-parent is a jerk and a loser. Once a year, dig a little deeper within yourself, and put together some of his/her positive qualities. Next time something happens, before you react, give some thought to this list. You may even want to share it with your co-parent. Now that’s just crazy!

     Posted on February 14, 2011 at 5:30 am | No comment

Are You Thinking About Divorce During the Holidays?

Are you thinking about divorce during the holidays?

The holiday season can be an extremely stressful time for a family. You may have been thinking about a divorce before the holiday, and decided to put everything on hold and just make it past New Year’s.

That can be easier said than done. When you are questioning your marriage, you tend to look at everything your spouse does as being wrong. Every day, you can list a number of things that he or she does that is selfish, inconsiderate, and the reason why you can no longer stay married.

Rather than get caught up in that emotional rollercoaster, maybe you should focus on more constructive thoughts. First, you should consider whether you have done everything to save your marriage. Are your lines of communication open? Would counseling help?

If your marriage is really over, and you believe divorce is your only option, think about how you would want the divorce to proceed. You do have options, and you don’t have to fight about every little detail. Consider these questions:

• What is the history leading to the possible separation?
• What are your children’s immediate and long-term needs?
• What is your family’s history of resolving disputes?
• What do you assume are your spouse’s immediate needs?
• How much money are you willing to spend on the legal proceedings?

     Posted on December 20, 2010 at 2:24 pm | No comment

Changes In Florida’s Child Support Benefit You

There are new changes in Florida’s child support laws, which are intended to benefit you.

Child support obligations in Florida end when a child reaches 18-years-old, or high school graduation if the child turns 18 beforehand and has a reasonable expectation of graduation before turning 19-years-old.

Typically, a parent would have to file a Petition with the Court to formally end their child support obligation. If there were multiple children, the Court would recalculate the new child support obligation for the remaining children. The process could create a real financial hardship for the parent.

Florida’s child support orders now have to list the date the child support will self-terminate. If there are multiple children, the order must contain the dates showing when the child support for each child ends along with the new amounts for the remaining children.

     Posted on December 6, 2010 at 5:54 pm | No comment

Families Fighting Foreclosure

If you want more information for your family to fight a foreclosure, my law partner, Rex Powell, can help you. See his recent interview with Fox News here:

http://www.fox4now.com/global/story.asp?s=13385133

     Posted on October 26, 2010 at 9:27 pm | No comment