Will I be able to Remain as a Stay at Home Parent After My Divorce is Finalized?

Child Support Lawyer in Orlando Florida

A common concern of those who have been a stay at home parent is if they are able to continue in this role once their divorce case has been finalized. Nearly 20% of parents fulfill the stay at home parent role.  For a party to a marriage that stayed at home, he or she may have been out of work for a significant period of time, or he or she may not wish to obtain a job outside of the home.  In this view, they may be worried that they will be unable to support themselves financially once the divorce case is complete.  

In Florida, spousal support, also known as alimony, is awarded on a case-by-case basis after a consideration of a party’s needs and the other party’s ability to support their needs.  When a spouse has been a stay at home parent, he or she has been absent from the workforce, which is why it is clear why they would have a deficit between their income and necessary expenses.   With such a deficit, the court may find that there is an apparent need for spousal support.  However, the court must also establish that the other party has the means necessary to support this need.

If this initial threshold has been met, the court will then examine a number of different factors provided in Florida Statutes Section 61.08 which include the following:  the length of the marriage, the standard of living established, the age and health of the parties, earning capacities, and contribution of each individual to the marriage, which includes child care and homemaking.  

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

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The Types of Alimony in Florida Divorce Cases

How to Petition for Guardianship in Florida Courts

Without a prenuptial agreement providing for the terms of spousal support upon divorce, individuals need to contemplate the potential for paying alimony to their spouses. Under Florida Statutes Section 61.08, there are four types of alimony in Florida, which include:

  • Bridge-the-gap alimony – this is awarded to provide one spouse with support to enable him or her to transition from being married to being single.  It is payable to a spouse for legitimate, identifiable, short-term needs and may not exceed two years.
  • Rehabilitative alimony – this is awarded to help one spouse establish the ability to support themselves through the redevelopment of education, skills, work experience or training.  This is to be part of a specific and defined plan and is not intended to be a long-term obligation.
  • Durational alimony – this is awarded to a spouse when permanent alimony is unwarranted, given the specific set of circumstances.  This is paid to provide one spouse with economic assistance for a certain period of time following a marriage.
  • Permanent alimony – this is awarded to provide for the necessities and needs of life as they were established during a marriage to a spouse who does not have the financial ability to meet their needs following a divorce.  This type of support is typically awarded in cases involving long-term marriages (seventeen years or more). It is typically not appropriate in short-term marriages (less than seven years) and will be awarded only in a certain number of limited circumstances. 

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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What Can I Do If My Ex is Not Following Our Parenting Plan in Florida?

Child Support Lawyer in Orlando Florida

If you share a child with your former spouse, your parenting plan provides the guidance by which to direct the interactions between you and your coparent as well as between you and your child.  Hence, when this plan is violated, it can majority disrupt your life as well as the life of your child.  A violation of a parenting plan may come in various forms however, the most common is when one parents fails to adhere to the timesharing portion of the plan.  For examples, a parent may intentionally be late for a planned exchange, refuse to allow the child to communicate with the other parents, and continuously change the schedule.  Each of these can be in violation of a parenting plan, and additionally, may be harmful to the wellbeing of your child.  

The State of Florida has a clear stance on shared parenting, which believes that there needs to be active involvement of each parent in their child’s life.  This is why is one parent violates a parenting plan, it is considered very serious.  In this view, the compliant parent may work with an attorney to file a Motion for Contempt and Enforcement, which provides the court with the parenting plan, the facts surrounding the violations, and the remedies that are being pursued.  Keep in mind that the court does not allow a person to engage in self-help in terms of seeing compliance with the parenting plan (for instance, a party cannot withhold the child or child support payments in order to force the non-compliant spouse to follow the parenting plan).

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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What a Florida Court Considers as Income in a Divorce Case

Orlando Adult Guardianship Attorney

A common concern for divorcing spouses is the ability for each to afford a divorce and to be financially independent from their spouse.  There are many details of a divorce case that consider the income of each spouse, such as spousal support, equitable division, and child support.  Hence, it is highly recommended that you and your spouse accurately provide details as to your respective incomes.  

One of the key details to consider regarding the calculation of income is the difference between your gross and net income.  In a divorce case, the court is considers an individual’s net income, as provided in more detail below.  This includes your gross income minus deductions that are allowed per statutory law.  For instance, this net amount is provided on your tax return and can provide you with an accurate gross income along with each deduction to determine the proper net income amount.

However, if you need to perform a present calculation of your net income during a divorce case, which is highly recommended, you must determine your gross income. This includes anything that provides you with a source of monetary benefit. Under Florida law, gross income includes any form of salary, bonuses, hourly wages, overtime pay, commissions, or tips received by a parent, whether employed outside of the home, self-employed or contracted.  Benefits received from worker’s compensation, pensions, annuities, disability, or social security are also included as income for purposes of a Florida divorce case. Income also includes rental income, spousal support payments, interest, royalties, dividends, trusts, or any other type of gain or reimbursement.  

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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Deciding What to do with a Marital Home in a Florida Divorce Case

High net worth divorce attorney in Orlando, Florida

When undergoing a divorce, there is likely a concern as to how to handle the marital home, should this apply in your case.  Many people feel that when they are divorcing, that there are only two options available when dealing with the marital home – one spouse retains the home or the house must be sold.  However, there are a variety of things to think about when choosing to divide a home.  For example, these are contingent upon whether there is a financial encumbrance of the home.  If the home has no mortgage, which vastly decreases the spouse’s monthly expenses, which in turn decreases other financial needs such as spousal support while increasing the value of the asset.  Hence, if you believe you will be required to pay spousal support, you may choose to offer your spouse to remain in the marital home so as to decrease their monthly expenses and decrease the amount of spousal support that you will have to pay.  

Conversely, if the home does have a mortgage, the couple should think about the balance of the mortgage in comparison to the value of the house. If the value of the home is less than the outstanding mortgage balance, then there will be no proceeds available to split between the parties and they will owe an outstanding debt that must be paid.  Furthermore, in the event of a mortgage balance and you wish to keep the home, you will need to determine whether you will be able to support the payments and upkeep of the home without financial assistance by your spouse.  If not, then you should consider selling the home.

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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Is there a Relationship Between Divorces and Prenuptial Agreements?

Contact Orlando Attorney Beryl Thompson-McClary

Many people scoff at the thought of a prenuptial agreement, which is associated with many less than positive thoughts and feelings. Specifically, they believe that a prenuptial agreement means that they will likely get divorced.  However, research provides that the manner in which each spouse views a prenuptial agreement is actually a more consistent factor in a couple’s ability to stay married. 

Pursuant to research examining marriages, one consistent factor that can predict a couple’s likelihood of divorce is how each individual views marriage and divorce and the role of a prenuptial agreement.   For example, if your partner believes that marriage is for the long haul that requires work each day, and that divorce is the last resort, they are more likely to look upon a prenuptial agreement in a more favorable light.  However, if divorce is viewed as a method of resolving conflict and that a marriage is simply a title that can easily be removed, they may view a prenuptial agreement as something that should provide a detailed guideline for their divorce.  

In light of the above, it is important for both partners to share the same ideas on these topics, which is critical to the development of a prenuptial agreement and ultimately your marriage.  That is why it is highly recommended that the above topics are discussed with your partner before the marriage takes place, as even the slightest difference of opinion in the early stage of your relationship may become a point of contention later on.

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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The Necessity of Depositions in Florida Divorce Cases

Orlando Divorce Attorney

If you are facing a divorce matter, you may be faced with a discovery tactic known as a deposition.  These are conducted by your attorney as well as your spouse’s attorney, where testimony is provided by experts, witnesses, or the parties, under oath. This tool is documented by a court reporter, and may be used later in court.  The purpose of a deposition is to obtain additional details that relate to your divorce case.  Keep in mind however, depositions can be time consuming and may significantly increase your costs.  This is why some question the necessity of depositions in divorce cases.

There are a number of instances where almost everyone would admit that depositions are necessary.  This includes where a party did not fully disclose all relevant information through other discovery means such as requests for production or interrogatories. As noted above, you are placed under oath during a deposition, and the party being deposed must answer every question.  Attorneys may raise objections where the court will rule on them later on, however, each party subject to a deposition must respond to the questions being asked of them.  

Another reason why a deposition may be necessary is when there are several experts with differing opinions.  For example, if one party is stating that he or she is unable to work, or there are questions as to what is in a child’s best interest, each spouse can rely on experts to testify as to their respective positions.  Overall, a deposition allows your lawyer to obtain a full picture of the qualifications and analysis of each expert in order to prepare for trial. 

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801
Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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The Modification of Child Custody/Visitation in Florida

Orlando Attorney

Attorney for Modification of Child Custody or Visitation in Florida

If children who are minors are a part of a divorce matter, the case is not actually over until they become adults.  During a divorce matter, the visitation and custody issues may be set forth by the presiding judge in litigation or pursuant to an agreement among the parties.  The factors that go into that decision depend upon the specific set of circumstances in one’s case.  However, a child custody arrangement and visitation may be amended if there is a “substantial change of circumstances” that takes place warranting a modification of the judge’s original order. 

There are countless examples of the kind of changes necessary to establish a substantial change of circumstances necessary to amend a child support/visitation order.  For example, there are times when a parent will be remarried or reside with another individual and the children do not have a good relationship with him or her.   Evidence that may warrant a modification of custody/visitation is if the children of the marriage are having trouble with behavior at school, getting poor grades, have issues involving law enforcement, and consuming drugs or alcohol (by the children or parent). Actions seeking a modification of child custody/visitation can be complex and emotionally exhausting.  Many times, during a modification action, one parent accuses the other parent for why the children are having problems.  Sometimes therapists and other mental health professionals are necessary to conduct evaluations and provide counseling to address the issues.

If you or someone you love is involved in a modification of visitation or child support action (whether you are subject to an unwarranted modification or are seeking to obtain a modification), it is critical that you contact a skilled Florida Family Law Attorney today to learn more about your legal rights and interests.  Only a seasoned Florida Divorce Attorney can advise you of your legal rights and keep you well-informed during each phase of your modification action.  Don’t wait, as your legal rights and interests are at stake!

Attorney Beryl Thompson-McClary has 28 years of experience in modification of child visitation and child support actions in Florida and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999. 

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Mediation vs. Collaborative Divorce in the State of Florida

High net worth divorce attorney in Orlando, Florida

Collaborative divorce is a new concept for many individuals.  It is a process that functions as early intervention in disputes and is pursued to avoid costly litigation of a Florida divorce case.  Due to its similarities with mediation, many people assume that it is the same thing as collaborative divorce.  While the two are similar and both are used to resolve contested issues in a divorce case, there are a number of key differences.

The most fundamental difference is that with a collaborative divorce, both parties are present and accompanied by legal counsel during the process.  The attorney serves to manage conflicts and ensure that that his or her client have knowledge of his or her rights and obligations.  In mediation, however, the parties are typically not represented by legal counsel and are therefore negotiating their divorce case without the benefit of a Florida Family Law Attorney’s knowledge and advice,

Also, mediation is a singular event, which means that the process is completed in one day, whether it is successful or not.  Collaborative law allows for numerous sessions and is flexible if the parties’ strategies chance. Otherwise stated, there is the opportunity for the parties to fine tune their agenda during a collaborative divorce case rather than through mediation.  

Lastly, the timing of the event is a major difference where the parties to a divorce case choose mediation right before going to trial.  They have already spent a significant amount of money to prepare for litigation and are pursuing mediation as a last ditch effort to avoid having a judge determine the outcome.  This often makes the parties reluctant to compromise.  Accordingly, a collaborative divorce focuses on resolution and settlement rather than litigation and can aid the parties in coming up with an appropriate agreement and settlement.  It ca also help the parties maintain a working relationship which is civil and not adversarial.  This is essential when children are involved.

Attorney Beryl Thompson-McClary has more than 28 years of divorce law experience in Florida and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999. 

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An Overview of Paternity Actions in the State of Florida

Orlando Divorce Attorney

A paternity action in Florida seeks a legal declaration as to the identity of the father.  It is often necessary when the parents of the child or children never got married.  In such as case, once the court determines who the father is, the court will then address timesharing and child support issues.  In the past, blood tests were used to determine paternity however, with the onset of DNA testing, the results are 99% accurate.  Otherwise stated, blood tests were not fully accurate in determining paternity.  There is also legal provisions that call for a second DNA test if the first test is contested.

In the past, only women could file a paternity action.  Hence, if a woman decided to forego child support, the father had no recourse and could be prevented from visiting with his or her child or children.  Nowadays, however, the statute has been amended to allow for men to file a paternity action.  This allows men to fight for their parental rights and seek child support, if the circumstances warrant.  Since the parties were never married,  neither alimony can be awarded nor property issues resolved, if any.  

The same standards apply to resolving parenting issues and child support in paternity cases akin to divorce actions.   Keep in mind that mothers have no more rights and fathers have no lesser rights given the fact that the parties were not married to each other at the time their child is born.

There may be challenges that arise when a child is born and the mother is married to another individual who is not the father of her child or children.   If the biological father does not fight for his or her rights in this regard, there could be an issue of forfeiture down the road if he tries to assert his rights at a later time.  This could psychologically damage a child, which the courts try to prevent in handling paternity matters.  

Likewise, if a mother does not seek a paternity action for several years after the birth of her child before she files a lawsuit against the person she thinks is the father and then pursues child support retroactively, there are waiver defenses that the father can raise in this situation.

Attorney Beryl Thompson-McClary has 28 years of Family law experience in Florida and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999. 

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