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Saint Lucie County Legal Issues Blog

How business assets will be divided during divorce

Unfortunately, greater than half of all first marriages end in divorce and those numbers increase for second and third marriage. As a result, it is important to know how a family business may be handled during a divorce.

A business may be the most valuable asset one or both spouses owns. Because of that, it is important for divorcing spouses to understand how business assets may be treated during the divorce process and also how these assets may be divided during divorce. There are generally two categories of property the family court looks at when dividing assets during a divorce. The categories include separate property and marital property. Marital property includes income and assets acquired during the marriage which would likely apply to a business.

What it means to have visitation with your child

When two individuals are married, live under the same roof, and share children, there is generally a presumption that they will work together to support their kids' emotional, physical, and financial needs. However, when divorce forces parents to live separate lives, it can be difficult for them to understand the truncated schedules that they may end up with regarding their sons and daughters. In some cases, parents will share custody of their kids, but, in other situations, one parent may end up with visitation rights.

Visitation is the right of a parent to spend time with their child without having physical custody of that child. While custodial rights allow parents to let kids live in their homes, visitation rights allow parents to have contact with their kids through face-to-face meetings and electronic communications. How a parent's visitation rights and schedules are established will depend on the needs of their child.

Does my child's graduation mean I can stop paying their support?

Children can have drastically different needs and, for this reason, the child support orders that Florida courts issue can look very different. In general, though, a child support order may terminate a parent's requirement to pay when the child reaches the age of 18 or 19 and graduates from high school. However, individuals should look at their own child support orders for information regarding their particular rights and obligations.

For example, in some cases, a parent may be required to pay child support long after their child has reached the age of majority. This type of child support order may be issued to help a child with special needs maintain their livelihood if they are unable to do so on their own as an adult. Additionally, parents may agree to continue supporting their child after they graduate from high school if they wish to help their child pay for college or post-graduation expenses.

Addressing medical expenses in a child support order

Parents generally have an obligation for the care and support of their children and children generally have a right to care and support from their parents. This includes child support obligations but can also uninsured or unreimbursed medical expenses as well.

The family law system refers to uninsured or unreimbursed medical expenses as extraordinary medical expenses because they fall outside of the medical insurance coverage of the parents. In addition to child support obligations, parents are also responsible for medical costs. In some instances, the child support order will provide for the medical expenses each parent is responsible for. It is helpful for this to be included in a child support order because it can minimize disputes concerning medical expenses that are uninsured or unreimbursed.

Permissible uses of child support payments

Raising a child in 2018 can be an expensive undertaking. Even for parents who choose to send their kids to public schools and who earn steady incomes, ensuring that children have everything they need to thrive can be financially challenging. When a Florida child is the recipient of child support payments from one of their parents, there may be questions regarding what that money may be used for.

Child support may be used for many child-rearing purposes. However, it is important that readers consult with their own child support orders and agreements to be aware of the parameters that may apply in their specific cases. Their family law attorneys can help them understand the permissible uses of child support that attach to their unique cases.

Tampa Bay football player a victim of brain injuries

Almost one year ago, Daniel Te'o-Nesheim, a former Tampa Bay Buccaneers player, died as a result of a toxic cocktail of alcohol and prescription drugs he consumed at the home of a friend. He was 30.

His autopsy revealed that the National Football League (NFL) player had a diagnosis of chronic traumatic encephalopathy (CTE), the same degenerative neurological disease that has been definitively linked to repeated blows to so many football players' brains.

What is parental interference?

Parental interference, often referred to as parenting time interference, is a serious legal issue that can impact the relationships parents have with their children when custody orders and agreements are in place. Florida parents who experience disruptions in their parenting time with their kids due to the actions of their former partners may be the victims of parenting time interference.

Parenting time interference happens when a parent takes direct or indirect action to deprive their co-parent of time with their kids. It may occur if a parent fails to drop their child off for scheduled custody with their other parent or it may occur if a parent blocks the other from contacting their children through telephone or email. What readers of this post should understand is that parenting time interference is a potentially punishable offense and parents who are the victims of it may have legal options to enforce their parental rights.

Legal help with family law concerns

Family law is a broad area of the law that helps families and couples in Florida through some of the most challenging personal issues they face. It offers a variety of tools and resources. Couples struggling with child custody or child support concerns, or facing a divorce, should understand the tremendous amount of help those family law resources can provide.

Family law problems impact just about everyone, and because around half of all marriages in the United States end in divorce, it is helpful to be familiar with family law resources that can help families and couples through the divorce process. The family law process can help families address issues including: child custody and visitation concerns; child support concerns; adoption questions; and paternity issues.

Parents each pay a proportion of computed child support

Computing child support in Florida can seem like a difficult process. It can, in fact, require a significant amount of information and calculation. The first step in computing child support under the Florida guidelines is to add up the total amount of income that the child's parents earn.

Earnings may come from a number of different sources. Parents should be aware that their wages, benefits, royalties, and other sources of income will all be factored into the total amount of money that they bring home in a given year. After the parents' collective income is added up, the court will calculate each of the parents' individual income totals, so their proportion of child support can be determined.

How is child support enforced in Florida?

Most people know it is important not to ignore a child support order, but some may wonder what the consequences of doing are and what the penalties are for failing to abide by a valid child support order. Parents who fail to pay child support face serious potential penalties and consequences.

Some examples of the potential penalties and consequence of a failure to pay child support range from negative credit reporting and liens being placed on property to potential jail time in some circumstances. Potential penalties and consequences for a failure to pay child support can include: fines; garnishing wages; seizure of bank accounts; interception of income tax refunds; suspension of a driver's license, occupational or business license; or the denial or revocation of a passport.