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Miami Divorce Law Blog

How is child support determined?

Child support can be determined in a number of ways. Some couples are able to agree to support payments outside of a court room; even in such cases, it's a good idea to document the support agreement in a legal fashion to protect each party as time moves forward. Others go to court, and a Florida court makes child support decisions.

Courts across the nation are governed by different state rules when it comes to child support, but some basic factors are looked at in almost every case. First, the court will consider the custody situation. Support payments can be impacted by how much time the children spend with each parent; if one parent cares for the children the majority of the time, that may be cause for a different support requirement than in situations where a couple splits custody evenly. Support situations involving parents who were never married may be even more complex.

How should I plan to leave an abusive relationship?

If you are the victim of an abusive relationship, then finally making the decision to leave can be complicated by many factors. As is often the case, your abuser may have isolated you from your friends and family. Your abuser may also control your finances. You may even have been verbally abused to the point where you now lack confidence and self-esteem.

There are a few things that victims of abusive relationships should know. You deserve to live a life free of constant fear and danger. There are domestic violence hotlines, both here in South Florida and across the nation that can connect you with shelters and other resources such as job training and childcare service to assist you with reclaiming your freedom.

Making ends meet during your Florida divorce proceedings

When most couples decide to marry, their thoughts are seldom on preparing for an eventual divorce. In fact, despite the common perception that divorces are common, the Centers for Disease Control and Prevention says otherwise. According to a 2011 survey, the CDC estimates that only 3.6 marriages out of every 1,000 ended in divorce that year.

However, the reality is that marital misconduct such as an incident of domestic violence or the discovery of infidelity can destroy even the most stable of marriages. Often in such cases, a spouse is taken completely by surprise. Usually a victim of such marital misconduct has very little time to prepare for a life on his or her own. The additional burden of having to care for children during such disasters further exasperates those situations for surprised spouses.

Man claims he died, so he didn't have to pay child support

Florida parents seeking child support payments from uncooperative individuals know that when someone doesn't want to pay child support, the excuses can become quite creative. While legitimate instances occur where people simply can't afford to pay the support, there are also many times when someone just doesn't want to pay and is willing to lie and cheat to avoid doing so. One case in another state illustrates just how far some people will go to avoid paying.

One man who has children with three different women has reportedly paid almost nothing in child support over the years, despite the fact that he has appeared in the media recently sporting a new car and accessories such as diamond-studded sunglasses. According to reports, two of the mothers report that they have never received child support, but only the third mother has sought legal action in the matter.

Types of marital assets that may be forgotten during divorce

Going through a divorce can be stressful. On top of emotional, family and social issues, people going through divorce processes are often dealing with a wide variety of legal forms and requirements. During property division negotiations, it can be easy to overlook some of the more obscure items of marital property.

Some assets may not look like assets at first. Club and social memberships, for example, can be tied to a monetary amount. If one person uses the membership more than another, then negotiating a "buy out" of the membership may be something to consider, particularly if the association charges a large entry fee or lifetime memberships have been purchased. The same holds true for things such as season tickets to music or sporting events.

Some tips on child custody traditions after divorce

There is never an ideal time for couples who share children together to end their marriages. Circumstances do not always permit divorcing spouses to select what time of year they decide to go their separate ways. For the children of those relationships, the holidays can be a particularly trying time. That's because most families have established long-standing traditions that are often focused on children's activities and events.

One important thing for newly divorced parents to remember is that their children's relationship with their other parent is still crucial to their development. Although the marriage has ended, it is nevertheless still in the children's best interest to continue having their other parent involved in their lives.

Khloe Kardashian's beau says no way to prenuptial agreement

For Florida couples of all financial circumstances, a prenuptial agreement can protect both financial status and future stability. Even so, rapper French Montana says he'll forgo a prenup should he end up marrying Khloe Kardashian, who he has dated on and off for some time.

The rapper was married previously, and the divorce was reportedly expensive. The divorce reportedly took two years to finalize and cost the rapper $2 million. Part of the divorce took place while Kardashian and Montana were seeing each other, though the couple supposedly broke things off in September.

What do Florida courts consider during child custody disputes?

Children are always the most important aspect to consider during any divorce. Decisions regarding where the children will live and how they will be supported following the divorce is always fertile ground for dispute.

In a previous blog post, we discussed how a 2008 change in Florida's state statutes has realigned the focus of divorces involving children. Florida now places a greater emphasis on both parents being actively involved in the lives of their children. Currently, Florida courts use the terms parental responsibility and time-sharing rather than child custody and visitation when referring to the parental status of children.

University of Florida gets headstart on domestic violence report

When Floridians consider domestic violence, they may not immediately think of a college campus setting. But college students are as susceptible to domestic violence issues as anyone else, and may be more at risk for some specific behavior, such as stalking. The federal Violence Against Women Reauthorization Act will begin requiring reports about domestic violence situations on campus from universities that accept federal funding, but the University of Florida got a head start by issuing reports for 2013.

Colleges were already required to file reports listing certain crimes and activities. Previous reports had to include the number of reported burglaries, arsons, aggravated assaults, manslaughters, homicides and rapes. Additional legislation is now requiring schools to add dating violence, stalking and domestic violence to the reports.

The changing nature of Florida child custody laws

When a couple decides to end their marriage, decisions regarding their children are inevitably intertwined with property and asset disputes. Questions soon arise regarding which parent will look after the children for the majority of the time. Other questions soon form regarding where the children will live. Some relatively recent changes in Florida child custody laws attempts to address some of those issues.

Back in October 2008, Florida altered its custody laws by exchanging the words "custody" for "parental responsibility" and exchanging the word "visitation" to mean "time-sharing." These subtle changes show that the court is placing an emphasis on both parents taking an active role in the lives of their children.

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