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

When can you ask the Court for an emergency child pick-up order? If the other parent takes your child for timesharing and does not return the child, what can you do? What are your options if the child is taken out of the State of Florida?

An emergency pick-up order is an order signed by the Court that directs law enforcement to take your child from the person who has physical possession of the child and deliver the child to your custody. The process is started by filing a sworn motion and you must attach a certified birth certificate. If you have a judgment establishing paternity or a court order showing you have legal custody, you attach a certified copy to your motion.

Florida Attorneys That Help With Uniform Child Custody Jurisdiction

Compliance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a key to ensuring that Florida has jurisdiction. See Section 61.514, Fla. Stat. Florida must be the child’s home state for at least 6 months before the commencement of the proceeding, but there is an exception for emergencies. In Perez v. Giledes, 912 So.2d 32 (4th DCA 2005), the Court ruled that Florida could take jurisdiction to grant a mother an emergency child pick-up order allowing her to retrieve an out of wedlock child living with the father in Georgia. The mother was a Florida resident when the child was born, the child was born in Florida, and the mother returned to Florida after living in Georgia for a year or more between the birth of the child and the time of the order being entered. The father argued that the child had lived in Georgia for over 6 months because he had moved with the child and concealed his address. Because the mother had significant ties to Florida, she was allowed to have the child back and Florida had jurisdiction.

Navigating the rules and law surrounding jurisdiction and emergency pick-up orders can be complicated. You need an experienced Jacksonville divorce attorney to assist you. Contact the Norman Law, P.A. for a consultation.

How Does Florida Law Decide Who Keeps The Puppy?

When pet owners are involved in a divorce, who gets custody of the family pet? Though we view pets as part of the family, Florida law is clear – your pet is considered a piece of personal property, similar to a piece of furniture or other household items. Florida law, and the law of most states, does not provide for the concept of pet custody, nor does it provide for pet visitation or timesharing. This is a tough concept to grasp and another reason to work on an amicable separation and mediation to come to an agreement regarding your pet, rather than go to court.

A Marital Asset and Subject To Equitable Distribution

If the pet was acquired during the marriage, the pet is a marital asset and is subject to equitable distribution. Obviously, a pet cannot be divided up like a bank account; however, a pet can be assigned a value like any other piece of personal property, and arguments can be made as to why the pet should go with one spouse or the other. If the pet is non-marital, “custody” goes to the spouse who acquired the pet.

For questions concerning modification enforcement or dividing property during or after a separation, contact Norman Law to setup a consultation.

Holli T. Dean joins our firm and brings with her a wealth of experience and knowledge in litigation and negotiation. Holli has over fifteen years’ experience working for the State of Florida representing Children’s Legal Services, the Guardian ad Litem program, and the Office of Criminal Conflict and Civil Regional Counsel.

Holli has litigated highly complex and contested child abuse trials and domestic violence hearings. “I am a tough but fair negotiator who makes sure that my client’s interests are protected.”

Adding More Legal Experience In Jacksonville & Matching Our Passion

She also has experience with mediations and settlement negotiations to achieve the best possible outcome for her clients. With a specific understanding of mediation, she will facilitate amicable outcomes whenever possible. She will lend her settlement expertise in order for our clients to more easily move forward after litigation. Her goals are in-line with those of our firm, to facilitate settlement as much as possible in an attempt to reduce attorney’s fees, client costs, and lead a less contentious outcome.

Holli is passionate about ensuring the best interest of minor children involved in client cases. “I will fight for the best interest of children involved in my cases and fight for fair and equitable timesharing and parenting plan.”

“We are thrilled to welcome Holli to the Norman Law team,” said Wendy Norman. “Not only is she exceptionally talented, but equally important, she shares our passion for delivering unsurpassed client service.”

Holli holds a J.D. from Stetson University College of Law and a Bachelor of Arts in Mass Communications from Brenau University. She is admitted to the Bar in Florida.

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.

When parents are sharing custody of their child, it can make the holidays feel even more hectic. Timesharing during the holidays can be very stressful, and not just for the parents – often the stress and tension the parents feel is transferred to the children. This is why it is important to remember that the holidays should be about the children. Parents should do whatever is necessary to ensure that their children are not feeling the stress that has come from the parents no longer being together.
With this being said, there are several things you can do to ensure that everyone has a good holiday:
Make sure you have an agreed-upon schedule in place before the holidays. In most cases, the Court will have a recommended schedule for you to follow. Both parents should be following the schedule from the Court or agree on one together so that the children get just as much time with both parents and their families as possible.

Have you considered celebrating together? This is something many parents are able to do if their divorce was one in which feelings weren’t hurt, or when enough time has passed to allow both parents to heal. This can make the holidays much better for the children.

Don’t Force Your Kids Choose

Never make the children choose who they want to spend with during the holidays. It is not fair to them to make them choose, and it can cause bad feelings for everyone. Instead, work together to make sure the children get to see both parents equally.

Communication is Key to Scheduling the Holidays

Always check with each other to ensure that your plans with your family do not conflict with their plans. This can be a huge issue during the holidays. Communication between parents is the key.
As a parent, you need to realize that timesharing during the holidays is going to require both parents to compromise. You need to be flexible and realize that neither of you are going to get 100% of the time with the children.

When your kids are with the other parent, instead of feeling depressed and lonely, focus instead on your family and support system. Also, the holidays are stressful and it is important to have a little ‘me time’ whenever you can.

Consider New Traditions to Minimize Stress

Timesharing during the holidays can be complicated and stressful. It is important to understand that some of the traditions you enjoyed before the divorce may not be possible any more. However, you now get to create new traditions with your children and family that you will have for many years to come.

If you have questions related to Child Custody and Timesharing, Contact Jacksonville divorce attorney Wendy Norman at 904.306.9926.