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. 

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. 

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. 

Orlando Female Attorney Beryl Thompson-McClary

The State of Florida determined that the best way to ascertain how much child support an individual should pay is to have a table within the child support statute that provides the guidelines for calculating the proper amount. Before these guidelines, there was no consistency, rhyme, or reason for the amount of child support that parents were required to pay.  

The child support guidelines are premised upon a specific mathematical formula that takes into consideration each parent’s respective income and the amount of children involved.  The guidelines include a worksheet that guides you through the parent’s health insurance costs and other things that are deducted from a parent’s income.  It also walks you through deducting income tax and takes into consideration the amount of alimony paid from one parent to another.  Furthermore, it takes into account the cost of day care, the child’s health insurance, and other miscellaneous factors to arrive at a proper child support amount that ensures that the child or children’s needs are sufficiently met.  

While the child support guidelines are surely a cost saving device by divorcing parents and attorneys alike, there are still areas that are contested.  For instance, if one parent isn’t working up to his or her potential, the court can impute income to that individual and determine a proper child support amount as if he or she is fully employed.

While the child support guidelines are meant to simplify the process of calculating child support in a Florida divorce, it is still important to work with Florida Family Law Attorney who will have a specific software program that ensures accuracy and streamlines the process.  Since child support is paid until the child or children of the divorcing couple reach the age of majority, it is critical to make sure that the amount of child support is accurate.  

If you are contemplating a divorce in Florida involving high-net-worth or high-value assets, you need a skilled Florida divorce lawyer who knows the system. Attorney Beryl Thompson-McClary has 28 years of litigation experience and is extremely dedicated to achieving the best results for her clients. Schedule a confidential consultation today at no cost to you by calling our Orlando office at (888) 640-2999. 

High net worth divorce attorney in Orlando, Florida

Over the past few years, Florida’s laws regarding child custody following a divorce has evolved dramatically.  Under Florida Statutes Section 61.13(2)(c)(1), it is the public policy in Florida for minors to have “frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved.”  The law further states that the presumption for or against the mother or father, as well as for or against any specific time-sharing schedules, when modifying or creating parenting plans for the parties’ children. 

Section 61.13 is important because it because it has changed the landscape of child custody arrangements in Florida in the following ways:

  • The “Tender Years Doctrine” has been Abolished

The “tender years doctrine” is a legal principal which has been in existence since the 19th century.  The doctrine presumes that a child during its “tender years” (typically from birth to age four) should reside with the mother.  In Florida, this doctrine has been abolished, and any custody arrangement premised upon it is grounds for reversal.

  • Time-Sharing and Parenting Plans Have Replaced Child Custody 

Back in 2008, the Florida Legislature did away with the concept of custody, choosing instead to implement the concept of time-sharing and parenting plans.  During a divorce case, the court will no longer award sole or joint custody and will impose majority or equal time-sharing.  

The parenting plan is a document that goes along with an arrangement for settlement that provides how the parents will parent the children after a divorce is effectuated. It can include such critical factors as a proper holiday time-sharing schedule, a time-sharing schedule, and provisions regarding child care, education, contact between the children and parents, travel, and extracurricular activities.  

Attorney Beryl Thompson-McClary has 28 years of child custody litigation experience in the State of Florida and she is extremely dedicated to achieving the 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. 

Orlando Attorney

Undoubtedly, nothing is more important that your children.  Oftentimes, when dealing with a paternity or divorce case, the most challenging issues involve the parenting arrangement, where people can spend nearly a fortune to battle the other parent regarding what is best for their children.

There are a number of different strategies and factors to consider during a dispute for child custody.  The first step is to act civilly and determine what common ground there is between you and the other parent.  Otherwise stated, it is best to focus on what you can agree upon, such as what pediatrician to use, what school will the child or children attend, what activities will they be involved in, and who will transport them in addition to the parents?    Overall, it is best to hammer out these details before getting to the contested issues such as which nights will the children of the marriage spend with each parent.

If there is a dispute where the communication between the parents have become heated, it may best to hire a child custody evaluator.  This is an individual with a mental health background who has special training in interviewing the children of the marriage and the parents in order to identify the problem areas between the parents that may cause harm to the children. Keep in mind that the court typically orders an evaluator to work with parents who contest child custody.    

If a child custody evaluator cannot seem to help the parents agree to a child custody arrangement, then a parenting coordinator may be of help.  This person not only has a mental health background, but is also trained in assisting parents to hash out the details of the day to day schedules of the children.

If you are facing a child custody dispute, it is critical to hire a skilled Florida Family Law Attorney experienced in the art of mediation to help you to fight for your rights and interests.  This individual will aid the parents in coming up with a suitable child custody arrangement, whether by negotiation or through trial.

Attorney Beryl Thompson-McClary has 28 years of child custody law litigation experience in the State of Florida and she is extremely dedicated to achieving the 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. 

Child Support Lawyer in Orlando Florida

In calculating child support, the first step is to determine the income of the mother and father to the divorce, which is determined by figuring out each party’s respective monthly gross income and subtracting out certain allowable deductions.  The needs of the children are derived by taking into account the combined net amount and the amount of children, and determining the correct amount from a child support table.  The children’s dental and health insurance costs plus 75% of the daycare costs are then added to the child support amount in order to determine the total needs of the children.

Each party’s obligation is then determined by taking the total need amount and multiplying it to each party’s percentage of the net amount.  For instance, if the mother’s net income is $2,000 per month and the father’s net income is $4,000 a month, then the mother would be required to pay 33.33 percent of child support and the father would be responsible for 66.67 percent.  Keep in mind however, that the costs either party pays for daycare and health/dental insurance is deducted from his or her share. 

The total amount of child support that the court orders may be influenced by the time-sharing agreement of the parties as well as other factors that suggest a divergence from the total child support amount awarded.

If you are involved in a dispute over child support and other aspects of your divorce case, contact a skilled Florida Family Law Attorney to learn more about your legal rights and options.  Only a seasoned child support attorney can advise you of your rights and keep you well-informed during each stage of your divorce case, including the child support phase.  

Attorney Beryl Thompson-McClary has 28 years of divorce and child custody 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. 

Orlando Divorce Attorney

It can be challenging in terms of calculating the income of a military parent, which causes inimitable child support issues to occur in Florida military divorce matters.  Income for Florida child support cases is much broader when compared to what the IRS deems as income.

Factors Included in the Calculation of Military Child Support 

  • BAH and BAS – a military parent is often shocked to find out that the State of Florida considers their Basic Allowance for Subsistence (BAS) and Basic Allowance for Housing (BAH) when determining an appropriate amount of child support.  While the IRS does not tax a person’s BAS and BAH, they may be considered in a child support calculation.  According to Florida law, food and housing are taken into account when coming up with a proper child support amount.   The parent who isn’t in the military should hire a Florida Military Divorce Attorney who understands BAS and BAH benefits and develop a valuation of same using of the methods below:
  • Real Estate Appraisal – the lawyer for the parent who is not in the military should consider working with a real estate appraiser who can come up with a fair value of the monthly rent of the property and the amount for utilities.  
    • A calculation of BAS and BAH foregone by the military parent – a Florida Military Divorce Attorney for a parent who is not in the military may come up with a BAS and BAH would have been if the military parent resides off of the base.
  • Per Diem – a parent who is in the military is also entitled to pay per diem, known as per-diem pay, which is a sum of money received each day to address certain costs.  Per-diem pay can also be taken into account when calculation a reasonable child support amount, so long as it decreases the military’s parents living costs.
  • Child Support and VA Benefits – when calculating child support, the recipient’s VA disability benefits are considered income in the State of Florida.  Keep in mind that the parent who is not in the military cannot obtain these benefits stemming from the property division state of the divorce matter.
  • Combat and hazard pay – the income of a military parent may rise due to his or her combat zone and hazard pay, which is not subject to federal income taxation.  This increase in the amount of pay may cause the child support amount to go up, especially if there a change in time-sharing as a result of deployment. 

Attorney Beryl Thompson-McClary has 28 years of Florida Divorce Law experience 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. 

Orlando Female Attorney Beryl Thompson-McClary

An order for child support can be achieved through an agreement at the end of a divorce case or by agreement of the parties.  This order provides the obligations and rights of both parties.  If there are minor children involved, the order must include provisions for child support.  If the party ordered to pay child support does not pay in accordance with the order, he or she can be subject to a motion for contempt that seeks enforcement.  This usually occurs if monthly child support is not paid.  If alimony is not paid in accordance with an order, the process is the same.  Both an order for child support and an order for alimony are deemed “in the nature of support,” which is significant because the resources available to the court are very different when enforcing these orders.  Specifically, if a person does not pay an amount that is owed to another in civil law, he or she can have his or her assets seized or wages garnished.  However, it is important to realize that debtor’s prison has been long abolished, which means that a person cannot be thrown in jail if he or she does not pay his or her credit card bill.  This is not the case in support orders, as a judge can impose incarceration for a failure to pay. 

The law begins with the presumption that a person ordered to make support payments has the means to pay it, as the court found that ability.  The burden is on the payee to provide evidence to the court that he or she is unable to pay the support amount.   Even if jailtime is not ordered, the obligation still exists to pay.  Keep in mind that support that is not paid bears interest until it is paid and cannot be discharged in bankruptcy.  

There are additional ways in which support can be enforced.  For instance, the amount of money owed can be taken out of a tax refund.  In extreme cases, the driver’s license of the payee can be subject to suspension.  If a judge sees an individual repeatedly, he or she will be deemed in an unfavorable light.  If there are valid reasons for non-payment, such as the loss of employment or health problems, then the payee can file a motion to modify the support amount.  Accordingly, it is in your best interest to hire a skilled Florida Family Law Attorney to help you prosecute or defend an action to enforce a support order.

Attorney Beryl Thompson-McClary has 28 years of family law litigation experience in the State of Florida and she is extremely dedicated to achieving the 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. 

Orlando Divorce Attorney

While all couples going through a divorce will undoubtedly find the process stressful, high net worth individuals run into several issues that the average person usually does not need to consider. 

Division of Large Assets in Florida Divorces

One of the things that complicates high net worth divorces more than others is the presence of numerous large assets. High net worth individuals tend to have more than one home, land, multiple vehicles, and one or more businesses to consider when dividing their assets. Florida follows the law of equitable distribution, meaning courts will divide martial property (as opposed to nonmarital property) in the fairest — but not necessarily completely equal — way. 

Marital homes and vehicles will be divided in the same fashion as other divorces, but businesses take more time and require more work to resolve. Before you can start dividing a business, you have to place a value on it. The leading method for valuing a Florida business during a divorce is hiring a specialist. Most often, this task will be performed by a forensic certified public accountant (CPA), who will appraise the value of the business by examining a number of factors, including:

  1. Nature of the business
  2. Size of the business
  3. Properties owned by the business
  4. Financial records
  5. Business accounts
  6. Business reputation and good will

After examining all the relevant aspects of the business, the CPA can use a fair market valuation (based on what an everyday buyer might offer in a sale) or an investment valuation (based on what a knowledgeable industry buyer might offer in a sale). The CPA can rely predominately on the business’ present income, its potential for future earnings, the value of comparable business, and/or a straight calculation of the business’ assets minus its liabilities. 

Once the value has been assigned, the court overseeing your divorce will order a division of the business by liquidating it, awarded it solely to one spouse with a possible cash or property offset to the other spouse, or awarded an interest in the business to both spouses. Especially when a couple has multiple businesses to tackle in their divorce, this whole process can be extremely contentious. 

Payment of Alimony

High net worth individuals have a greater likelihood of having orders to paying alimony in their divorce agreements. Florida law provides for four different types of alimony, which the court will order based on the particular circumstances of the marriage. 

  1. Bridge-the-gap alimony – Bridge-the-gap alimony is awarded to assist one spouse by providing support to allow him or her to make a transition from being married to being single. It is paid for the purpose of legitimate, identifiable short-term needs and may not exceed two years in duration.
  • Rehabilitative alimony – Rehabilitative alimony is awarded to assist one spouse in establishing the capacity for self-support through redevelopment of skills, education, training, or work experience. It must be part of a specific and defined plan and is intended to be short-term in nature.
  • Durational alimony – Durational alimony is awarded when permanent alimony might not be appropriate. It is paid to provide a spouse with economic assistance for a set period of time following a marriage. 
  • Permanent alimony – Permanent alimony is awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a spouse who lacks the financial ability to meet his or her needs and necessities of life following a divorce. Permanent alimony is generally reserved for long-term marriages (17 years or longer) and will be awarded for short-term marriages (less than 7 years) only in exceptional circumstances. 

In considering whether one spouse needs to pay alimony to the other, the court will look at several aspects of the marriage, including:

  1. The duration of the marriage;
  2. The standard of living established during the marriage;
  3. Any infidelity in the marriage;
  4. The age and physical/emotional condition of each spouse;
  5. The financial resources of each party, including BOTH marital and nonmarital assets;
  6. The earning capacity, education, vocational skills, and employability of each spouse;
  7. The contribution of each spouse to the marriage, including homemaking services, child care, education, and career building of the other spouse;
  8. The responsibilities each spouse will bear with regard to any minor children;
  9. The tax treatment and consequences to both spouses of any alimony;
  10. All sources of income available to both spouses, including income from investments and assets.

Payment of Child Support

Any couple with minor children will have to consider payment of child support upon their divorce. But in high net worth divorces, support and custody agreements can become a more complicated issue because of the parents’ substantial resources and the unique opportunities present to the children. 

Child support is ordered for minor children based on the needs of the children, including any special needs a child might have, the resources of parents, and the standard of living the children would have enjoyed if the marriage remained in tact. Courts do not want children to experience an economic disadvantage because of their parents’ decision to divorce.

Florida has guidelines set out in Statute 61.30 that determine a presumptive amount of child support based on the combined income of the parents. The scale ranges from a combined income of $800 per month to $10,000 per month, and courts have some leeway in stepping outside these guidelines (usually only by 5 percent), depending on the circumstances. For parents whose income exceeds the guidelines, the court will have to calculate child support based on a statutory formula, which makes things a little trickier. 

Potential Media Involvement

When high net worth individuals divorce, another thing that tends to complicate matters is the media following these people might have. Celebrities, athletes, and high-profile business owners will have to try to resolve their marital disputes under a camera lens, dodging articles that try to shed light on what happened and who is getting what.

In a media-intense divorce, it is more important than ever to maintain transparency between the spouses and confidentiality as to the rest of the world. The last thing you need during this time is to read on the internet that your spouse has more assets than you thought, or your spouse was unfaithful during the marriage. Being honest and proactive will help you avoid a frustrating run with the media. 

The Importance of Hiring Counsel 

The best thing you can do for yourself during this stressful time is hiring an experienced attorney who will protect you, your assets, your family, and your privacy. This is not a time to go it alone, especially if you end up requiring a trial to completely sort things out. 

If you are contemplating a divorce in Florida involving high-value assets, you need a skilled lawyer who knows the system. Attorney Beryl Thompson-McClary has 28 years of litigation experience and is extremely dedicated to achieving the best results for her clients. Schedule a confidential consultation today at no cost to you by calling our Orlando office at (888) 640-2999.