You may be tired of receiving child support or alimony payments late or not at all, and you would like to be paid directly from the employer of your ex-spouse or child’s father/mother.  Florida Statutes 61.1301 provides that an income withholding order (IWO) can be entered once there is an order of alimony or child support by the court.  The IWO must be issued by separate order.

Get Help Filling Your Income Withholding For Support Form (IWO)

There is a federally approved and required IWO that allows you to garnish income for child support and alimony.  See 42 U.S.C. 666, Social Security Act.  Child support arrearages can be withheld also, and the employer/income withholder is given instructions on how much to withhold until full payment is made.

There are very clear rules about the IWO, and an IWO may be rejected, and payment delayed if not completed properly.  An IWO will be rejected if the form does not contain all the necessary information.  In addition, the correct form must be used, or it will be rejected.

In Florida, you must also submit the Florida Addendum form to the court for signature with the IWO.  The Florida Addendum must be used when child support for multiple children has been ordered.  The Florida Addendum must be attached because the IWO form does not contain information that is statutorily required in Florida to be included in all withholding orders.  Because the IWO cannot be altered, the Florida Addendum was created and is used in conjunction with the IWO.

Income Withholding Orders can be complex and difficult to complete properly.  You need an experienced Jacksonville family law attorney to assist you with garnishing wages for child support and alimony payments.

Call Jacksonville Divorce Attorney Wendy Norman today to request a consultation: 904.306.9926

Alimony reform is again on the Governor’s desk in Florida. The bill made it out of the legislature and was sent to Governor Scott on Monday, April 4, 2016. The Governor has until April 19 to sign or veto the bill. This is the latest round in the attempt to change the alimony law in Florida.

The Arguments

Many are in support of the alimony law already in place in Florida. Those who receive alimony, such as those who have never had a career due to having to raise children or keep the home, believe the alimony law should not be changed. On the other hand, those who are paying alimony commonly feel they are being taken advantage of and should not have to financially support a former spouse for many years after the divorce. No matter what the other spouse may have done during their marriage, many alimony paying spouses feel that the alimony law forces them to pay too much money to the other party, and for too long.

The New Proposition

The legislation that is being considered by the Governor, if it becomes law, will significantly change the way alimony is determine in Florida. These new changes include:

• Judges will have guidelines to calculate the amount of alimony payments
• The length of time alimony will be paid will also be based on guideline calculations
• There will no longer be ‘lifetime’ alimony payments
• There will be new circumstances that will be considered to modify or terminate alimony payments
• There will be no guidelines for marriages that lasted more than 20 years, and judges are encouraged to equalize the incomes of the parties
• The bill also will include the premise that the parents should have 50-50 custody or time-sharing with their children

The new alimony provisions, if passed, will apply to all initial alimony determination cases and all alimony modification cases pending on or after October 1, 2016. However, the new provisions regarding modification of an existing alimony obligation would apply to all cases. The new 50-50 time-sharing premise would apply only to initial divorce or time-sharing cases filed on or after October 1, 2016.
Even if the proposed bill does not become law, the alimony reform effort in Florida will continue in the future. Many officials within Florida are stating that this new bill simply gives judges guidelines to determine the amount of alimony and how long it will be paid, and is fair to both parties. These people feel that the judges have too much discretion and power, and the decisions are not consistent, and vary from one divorce to the next.

The Family Law Section of the Florida Bar has come out publicly against this bill, primarily because it includes the 50-50 time-sharing premise. The Governor can sign the bill into law or veto it (as he did to the prior alimony reform bill in 2013).

Here at Norman Law, we are ready to take on these new aspects of divorce and alimony, and work for you. If you need help with a divorce, alimony, child support or any other family law issue, contact us today to get started!

Divorces can be very rough, and with Florida’s Mandatory (Financial) Disclosure rule, it can become even harder when there are things that parties are not interested in disclosing.

In this blog post, we will briefly cover how important the disclosure of financial records is in a divorce. It is vital that you provide the required financial documents when working with your divorce attorney throughout the proceedings. In order to provide you with the best advice, your divorce attorney must know everything about your marriage. This includes your finances, both separate from and together with your spouse. Of course you’ll also discuss other reasons (likely more obvious disclosures) the divorce may be taking place, and all issues that need to be addressed. The financial disclosure allows your attorney to review and analyze documents that provide more insight and gives your attorney a better understanding of your entire divorce case.

When Mandatory Disclosure is Not Needed?

In some cases, Mandatory Disclosure is not needed during a divorce. This is only applicable when the case is not being litigated in court and both parties are in agreement with the divorce (considered an Uncontested Divorce). However, even though the financial disclosures can be waived or otherwise not required, both parties must still fill out and file a Financial Affidavit that discloses detailed financial information. Under no circumstances can the Financial Affidavits be waived for a divorce proceeding, even when both parties are on board with filing for a divorce.

Florida Family Law Rules of Procedure

Mandatory Disclosure is found under the Florida Family Law Rules of Procedure. This Rule lists sixteen types of financial documents that must be provided and exchanged by both parties.
These include:

· Bank account statements
· Tax returns
· Pay stubs
· Pension plan statement
· Assets
· Debts

And the list continues. When a person first files a divorce case, he or she has have 45 days to provide the other party with the required financial information. The other party must also provide the required financial information within a specified time period. Parties can ask for an extension if needed. In most cases, if the person has a legitimate reason for the delay, an extension will be granted by the court.

The Reasoning Behind Mandatory Disclosure

Aside from helping your lawyer to better handle your case, providing the financial disclosure documents can lower the expense that is often associated with litigation. It also gives the court sufficient information to make a better informed financial decision for both parties. Though Mandatory Disclosure can seem rather invasive and gathering the documents may take some time, it is really in the best interest of both parties going through a divorce.

Wendy Norman works as a Divorce Attorney in Jacksonville, FL and welcomes comments or questions from readers. Please Contact Us online to setup an initial consultation or call 904.306.9926.

When children are involved in a divorce or when the parents were never married in the first place, one parent is usually required to pay child support to the other to help financially provide for the children. Florida wants to ensure that in these cases, children have their needs met and child support is meant to ensure this. When it comes time to file taxes, many parents have questions. A common question is which parent may claim the children as dependents.

Which Parent Pays Taxes on Child Support?

Child support is not taxable. The parent receiving child support does not have to report it on their taxes, and the parent paying child support does not get a deduction on their taxes. Therefore, even though a parent is paying child support, his or her taxable income is not affected.

Claiming a Child on Taxes

When there is one child and the parents are not together, another issue is which parent can claim the child. The Child Tax Credit can greatly help out one parent, but who gets to take this credit? Under no circumstances can both parents claim the one child. If they do, they are going to find themselves having to answer to the IRS, and may be found to have committed tax fraud. Instead, if the Final Judgment does not address this issue, the parents have to decide who should claim the child on their taxes. In most cases, the parent the child spends the majority of his/her time with should claim the child. Generally, parents choose to alternate years for claiming the child.

IRS Form 8332 – Release of Claim to Exemption

There are also times in which one parent may have the tax credit; for example, if the parent furnished over 50% of the child’s support. In this situation, and others, IRS Form 8332 (Release of Claim to Exemption for Child of Divorced or Separated Parents) is signed by the other parent and filed with the tax return. Without this form, the parent claiming the child will have to prove that he or she provided more than 50% of the support for the child. This is an issue parents need to discuss to avoid problems with the IRS.

For those parents who are having a difficult time dealing with filing taxes after divorce, or when dealing with alimony or child support, Wendy Norman is here to help. She has been practicing in family law for several years in the Florida area, and she can help you as well. Just give her a call at 904-306-9926.

At this time of year, many people are getting ready to file their taxes and are gathering all of their records and financial documents together. For those who have recently divorced, this can be a new challenge. Filing taxes after divorcing in Florida is going to be a bit different than when you were married. With that being said, one of the best pieces of advice we can give you is to not wait until the last minute. If you do, you could find yourself facing a looming deadline you cannot meet!

Divorce and Filing Status

One of the most common questions we are asked is, “How should I file my taxes? Married, single, head of household?” Many people finalize their divorce in the last half of the year, so they were married for the majority of the previous year. It stands to reason why a person would question how they file. In the state of Florida, you will file based on your marital status on the last day of the year. Even if you were married for 11 and half months of the year, you must file a separate return from your ex-spouse. For this reason, many divorcing couples choose to wait to have the divorce finalized after the beginning of the year, allowing them to file together one last year.

Claims and Adjustments

Perhaps one of the bigger problems that newly divorced couples face after divorce and during tax filing season is who gets to deduct what, and who gets to claim certain items? This issue can quickly escalate to an argument that may cause bitter feelings and anger. Here are a few tips to help in calculating taxes after separation pertaining to what you can and cannot claim:

1. Assets you gained during the divorce are generally not taxable..

2. You cannot deduct legal fees related to your divorce.

3. If you are receiving alimony, you must report it as taxable income; if you are paying alimony, you should claim it as a deduction.

4. Donations can be split, so each party can claim fifty percent of the donations made during the past year.

5. If children are involved, only one parent can claim the child as a dependent.

Tips to Make Your Tax Filing Run Smoother

· Upon your divorce becoming final, be sure to file a new W-4 with your employer, this can make it a bit easier come tax season.

· File a Form 8822: Change of Address when filing your taxes (if you moved), especially if you expect to receive your refund in the mail from the IRS.

· If you changed your name as part of the divorce, be sure your report it to the Social Security Administration before you file your tax return.

Tax season can be stressful, but add in a new divorce, and it can become even more stressful. You can talk with a tax specialist or accountant for most issues you have. Here at the Norman Law office, we can also help with tax questions related to your divorce.

If you are considering a consultation with a Jacksonville divorce attorney, please don’t hesitate to reach out to our office. Wendy Norman has years of experience in the Florida area, and can help you to get through this difficult time.

Within Florida, when children are involved with a divorce, the idea is to ensure that the child is not going to be negatively affected by the divorce. This includes the living situation and residence of the child. In most cases, the courts prefer that the parents live close enough to allow the child to have both parents actively involved in his or her life. However, there are situations in which one parent feels it would be in the best interest to move away from their current residence.

In these situations, a Florida Relocation Petition has to be filed when moving more than 50 miles away.

There are two ways the relocation request may be handled:
An agreement is in writing and signed by both parents stating that they agree to the relocation. This is the easiest option, as both parents are on board with this move, and it simply has to be approved by the courts.

When one of the parents does not agree to the relocation, then a Petition for Relocation is going to have to be filed with the courts, and this can be a lengthy legal process.

Within the Petition for Relocation, the parent who is wanting to move has to give good reasons for wanting to make the move, and must also explain how they plan to ensure that the child is still actively involved with the other parent. This can be difficult to prove, especially when moving long distances away from the current location.

A petition for relocation cannot be avoided in any case. In the state of Florida, if a parent were to move with a child more than 50 miles away without the court approving of this decision, the parent could lose custody of the child. The court could order the parent who moved without permission to pay court costs and legal fees that are associated with this case. The court may even permanently change the time-sharing schedule and limit the time the parent spends with the child.

Moving to Another State? Learn Your Options First.

The state of Florida is all about ensuring that the child of a couple is not negatively affected when they separate or divorce. The best interest of the child is the main focus, as relocating is often taking the child away from one parent, having him or her lose contact with one parent. For those who are looking to move with their child, you will need help with the petition for relocation. Wendy Norman has years of experience in family law, including Relocation and filing petitions to relocate. These are highly technical in content, and is not recommended that anyone try to navigate this route on their own.

Call Wendy Norman and request a free consultation for all your Jacksonville, Florida petition for relocation needs.