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Fort Lauderdale Family Law Attorney Blog

More divorced women are ordered to pay child support, alimony

As women in Florida and across the country have become more independent over the last several years, achieving higher education and high-paying jobs, it makes seems natural they are becoming responsible for making child support and alimony payments in divorce.

According to a recent survey of the American Association of Matrimonial Lawyers, 56 percent of divorce attorneys responding have seen an increase in the numbers of women paying child support over the past three years. Additionally, 47 percent report that there has also been an increase in the number of women paying alimony.

Domestic spying in divorce becomes increasingly prevalent

Any number of factors can contribute to a couple's decision to file for divorce. Spouses can have irresolute conflicts and desire to obtain the best possible settlement from the other party. In order to ensure that this happens, sometimes an individual resorts to domestic spying in order to gain leverage against their spouse. This activity is becoming more popular in Florida, and the rest of the country, as retail technology continues to improve.

Spy gadgets are readily available in stores and on the Internet, often at an inexpensive price. These devices are quite often just as easy to use as they are to obtain. While "teddy bear nanny cams" have become widely-known over the last several years, domestic spying technology has evolved considerably since that product was first made available.

Can "speed divorcing" events be beneficial for Florida residents?

An emerging trend in divorce is quite similar to the process of speed dating. However, rather than meeting a potential date, those contemplating divorce sit down and meet potential attorneys, therapists, financial advisers and other professionals who may be able to assist in the process.

For Florida couples looking to divorce, though, is a quick fifteen-minute sit-down with one of these professionals enough time to form an accurate assessment of how these professionals can provide assistance?

Equitable division is difficult even for divorcing celebrities

During Florida divorce proceedings, equitable division of marital property can be a very difficult challenge to resolve, especially in conjunction with all the other issues that divorce can bring. But this is especially true when couples must decide the equitable division of debt incurred during their marriage. In such cases, it is especially vital to put animosity aside and to work with each other to ensure that the burden of debt is distributed fairly.

One well-known couple is learning the lessons of property division the hard way. Tareq and Michaele Salahi, who grabbed the nation's attention when they crashed a presidential dinner at the White House in 2009 are involved in litigation surrounding their widely-publicized divorce. This past fall, Michaele separated from her husband and reportedly started a relationship with the guitarist from Journey. In December, Michaele filed for divorce. Since then, the former couple has been struggling with several financial issues.

How do child custody arrangements affect income taxes?

For many Florida parents, settling child custody, child support and related decisions can be a daunting and often confusing process. One of the decisions that comes along with deciding child custody is which parent will be able to claim a child as a dependent on their annual income taxes. Though the tax filing deadline just passed, this a question that divorcing parents should consider any time of year.

The custodial parent, the parent who the children spend a majority of the year living with, is typically the parent who is able to claim their child as a dependent for tax purposes. This may not be the most intuitive situation, especially if the non-custodial parent provides significant child support.

Divorce rates spike among baby boomers

While overall divorce rates in Florida and nationwide are declining, the rate of divorce among couples aged fifty and older is on a dramatic increase. According to new census data, as well as recent research, it has been found that people aged fifty and over in 2009 were twice as likely to divorce as couples of the same age in 1990. Even so, researchers are now trying to understand why this is happening.

In today's world, the expectations of marriage have changed, including the traditional roles for men and women, from what they once were. A lot of stay-at-home parents were never given the chance to really utilize their skills in a workplace environment and may harbor some desire to explore their professional options. Those affected may feel their marriage simply isn't supporting them in the way they believe it should, and consequently they seek a change.

Bill solidifies child custody rights for military parents

Some Florida residents may know that raising a family while serving in the military is sometimes a difficult endeavor. These are hard circumstances that can place undue stress on relationships due to long times spent apart during deployments. While it can be a challenge to maintain relationships with a military husband or father, many believe it is unfair when military service and deployments are used against divorced parents to determine child custody arrangements in light of a dispute.

Currently, courts may consider military deployments a reason to rule against a parent who is a service member when determining what sort of custody arrangement will prevail. A new bill is under consideration in the U.S. House of Representatives that would prohibit courts from using military deployment against a service member in these circumstances. To qualify, the service member's orders would have to prohibit bringing the family along, and the deployment would have to last between 60 days and 18 months. Additionally, if a child were transferred to the custody of another while the service member was deployed, the pre-deployment custody arrangement would have to be reinstated upon the service member's return.

Unwed couples show increased interest in cohabitation agreements

In Florida and other states across the country, there has been a noticeable increase in the number of couples putting off marriage until later in life, or not marrying at all, but still living together just as if they were married and raising a family. Consistent with this phenomenon, the American Academy of Matrimonial Lawyers has seen a rise in the number of cohabitation agreements between unmarried couples who are living together. This type of agreement is essentially a prenuptial agreement without the formality of a marriage factoring into the equation. The contracts account for things like protecting assets as well as setting up systems for child custody and support should the couple break up after having a child.

Cohabitation agreements can help to avoid often lengthy and expensive disputes by establishing a clear framework as to how a long-term couple's shared assets should be divided and other important arrangements will be made. Additionally, this type of arrangement provides several benefits. An agreement like this can help support one of the members of the couple should they have quit work to take care of children before a break up occurs. In the same vein, a cohabitation agreement could address situations where one member of the couple has a significant amount of debt that could potentially be left on the shoulders of their partner.

Even after Senate defeat, Florida group vows to reform alimony

The Florida Alimony Reform advocacy group is still seeking changes to the state's alimony laws, despite a recent setback when the Senate failed to pass an already House-approved bill that would begin to bring about the reform. This group seeks to end permanent alimony payments, replacing it with a system focused on making each party self-sufficient post-divorce. Their hope is that the current lifetime alimony requirements will be adjusted to become more in line with other states, where alimony is typically a shorter-term requirement.

As we reported last month, advocates and opponents of alimony reform have been working to make their viewpoints understood. In addition to Florida, other states have considered reforming their alimony requirements, or have already passed changes, to be based on the length of the marriage as well as the income of the parties involved. There are currently reported cases, under laws viewed as outdated, where alimony payers face bankruptcy because they cannot afford to make these lifelong payments. Some obligations may also prevent payers from retiring, as they are forced to work to pay support during the lifetime of the ex-spouse. According to reform supporters, these financial issues not only affect the payer, but their families as well and can have lasting consequences, so that is why they will continue urge legislators to reform the current statutes.

Florida Revenue Department a "deadbeat" payer?

When child support payments are included in the terms of a divorce settlement, one spouse becomes responsible for consistently making payments. Yet there are parents in the Fort Lauderdale area dealing with an uncooperative ex-spouse who is unreliable in meeting their monthly financial obligation. However, what if it is not an irresponsible parent, but the state officials that are in charge of collecting and distributing these court-ordered support payments that are holding out? Such has been the case, recently, when the Florida Department of Revenue's new computer system made a few missteps in carrying through payments for approximately for a small portion of those receiving payments.

While this problem was not necessarily widespread, not receiving these needed support payments is a serious problem for families that rely on them. The state Department of Revenue claims the issues center around the installation of a new federally mandated computer system and the "learning curve" that comes with it, and that the problems should be resolved soon. However, at least one person owed support payments claims the problems date back to 2007 and was not actually resolved until news reports recently highlighted the agency's apparent gaffe.

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