When do the new Alimony laws start?The new alimony laws will apply to cases decided starting this summer. The new laws make it harder to get an award of alimony. Many of the basic types of alimony will still apply, but the court will take a harder look at cases that require permanent, periodic alimony. To learn more about the law, now and what it will be contact a Tampa Divorce Attorney. UPDATE- Governor Rick Scott vetoed the new alimony bill. It is currently dead. The state legislature has an ability to revive the bill but for the time there will not be a change in the alimony structure and permanent alimony will remain a part of Florida Family and Divorce Cases.
Is it true that the law changed as to custody and that the parents will now have to have split or 50/50 custody?No. In fact some local judges are against 50/50 time sharing so much that even when the parents agree to 50-50 time, you still must go out of your way to convince the judge that it is in the best interest of the child to have 50-50 time sharing. The Changes in the Child time Sharing law from 2008-2012 take away the term primary residential parent in an attempt to help people understand that they must co-parent. But even with the significant law change in regard to child custody and timesharing that took effect on October 1, 2008, the law does not necessarily translate to equal time. The Court is looking to remove the fight over primary residential rights and now wants people to focus on how they will share time with the child. This is different from mandatory 50/50 time. The Court must still look to the best interest of the child to determine how time will be shared between the parents. Moreover, the Divorce Court will want you to work with your co-parent to develop a time sharing parenting plan. To evaluate the specifics of your case contact your Tampa Divorce Attorney. The two biggest factors that the Courts seem to have been focusing, when most everything else seemed equal, is the parents’ work schedule and the history of the parents division of parental responsibilities. First if the work schedule just does not allow the parent to be there daily, the other parent should be with the Child. This almost seems to punish a parent as if they chose work over the Child. Second, if the Child calls Daddy every time they fall, than it may be that the Father has the history as the primary care giver, and the Father should maintain as the primary care giver of the Child. If it was the Mother that sacrificed her time to care for the kids, the kids should remain with the mother for the bulk of the week. Typically the Court will break the year in to 2 week blocks and decide how many nights of each 14 day period each parent spends with the Child. Some Courts start with equal time and work out other start with minimums such as every other weekend and fill in the week days for each parent. We typically attempt to get the parents to fill out there own schedule and work to co-parent so they can control their own time with the Child. Most judges will state that the parents know what is best for their Child better than any court does.
I am up-side-down or have negative equity in my home, how do we divide the property?If you owe more than your house is worth, the court will typically agree with any agreement that you and your spouse may decide upon. Options that have worked are that the property is treated as an asset and the mortgage is treated as a liability and each item is divided accordingly. Other times the property is sold and each side will pay a portion of the loss at closing. More often than not, the property will be either paid by one spouse that will continue to live in the home, or the house will be sold via short sale, where the bank will work with the parties and cover the loss. Did you know: Divorce and Family Law Tampa Divorce Attorneys at the Galewski Law have been involved in over 1,000 cases over the last decade, but we take a personal approach to each divorce or family law case. There is no substitution for competent legal counsel. The decisions that you make now about your family, alimony, child custody plan or other marital settlement agreements, can have a long lasting impact on you and your family. I often say that everyone gets their day in court; the same is true in divorce court. There is rarely a second chance to come back and change things with the judge or in a settlement agreement. There are few trial runs to make things work between you. Once there is a final judgment of dissolution of marriage it can only be changed by a substantial change in circumstances or agreement of the parties. The substantial change in circumstances for a modification of a final judgment of divorce, alimony or child custody is a high standard. This means that you should do things correct the first time. Just because a friend went through a similar situation, does not mean that they have had the same case or that they know your situation. There is just no substitute for hiring the right family law firm the first time. Call the Galewski Law Group at 855-Stan-the-Man or 813-222-8210 now and get a free consultation.