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!

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.

When a divorce happens, feelings and emotions are high. However, when children are involved, it is important that the Court evaluate both parents and consider their mental health and ability to care for their children, and determine what is in the best interests of the children. The State of Florida no longer awards one parent custody of the children; instead, there are parenting plans which include timesharing schedules. One parent may have the children more than the other, or the parents may have equal time with the children. Because the Court must determine what timesharing schedule is in the best interests of the children, many times a social investigation will be performed.

The Basics of a Social Investigation and Child Custody

This type of investigation is usually performed by a mental health professional, one who has no prior relationship with either of the parties or the children. The Social Investigator is a neutral and impartial third party, thus his or her opinions and recommendations will carry great weight with the Court. The Social Investigator will evaluate both parents, including their lifestyles, and make a recommendation as to which parent the children would be better off spending more of their time with, or if the children should spend equal time with the parents. The Social Investigator will outline all of his or her findings and recommendations in a report that is presented to the Court. In addition, he or she will submit a proposed parenting plan that best fits the needs of the children.

Assessments during a Social Investigation and Parenting Plans

During a social investigation many things will be considered and reviewed by the Social Investigator, including the following:

• Background checks, checks of police records and the like concerning both parents
• Interviews with the children are conducted
• Interviews with both parents
• Character references submitted by both parents are interviewed
• Doctors, employers, and other professionals are interviewed about the parents and children

Once these assessments are made, the report and parenting plan are then drawn up, and include findings and recommendations by the Social Investigator.

How this Affects Timesharing Agreement

Since the social investigation is such a huge component of the parenting plan and timesharing schedule, the findings and recommendations of the Social Investigator will have a huge effect on the final timeshare plan. In most cases, the Court agrees with the Social Investigator and implements the recommended parenting plan and timesharing schedule.
For those who are going through a divorce or who are arranging a timesharing schedule, Wendy Norman is a family attorney who has been practicing in the Jacksonville area for over 15 years. She has had many cases involving social investigations and can help you prepare for what is to come. Simply give her a call today to discuss your case!

To establish paternity, any woman who is pregnant, or has a child, and any man who has reason to believe he is the father of a child, may request that paternity be determined and established. In any proceeding to establish paternity, the court may require scientific (DNA) testing. A determination of paternity for a child born out of wedlock also requires the father to pay child support and gives the father time-sharing (visitation) rights.

A man who believes he is the biological father of a child born out of wedlock is permitted to claim paternity of the child by filing with the Florida Putative Father Registry. This claim of paternity may be filed at any time prior to the child’s birth. An unmarried biological father who wishes to maintain his paternal rights should file with the Florida Putative Father Registry because failure to do so may result in the termination of those rights.

To disestablish paternity, a petition must be served on the mother or other legal guardian of the child, and must include a sworn statement made by the father. Along with the affidavit the father must also provide biological testing to support his petition to disestablish his paternal rights.

Paternity the Key to Child Custody and Child Support

Establishing legal paternity is a key part of child custody and child support agreements. Whoever is determined to be the legal father will have all the rights and responsibilities of a father. Some of these rights and responsibilities include requirement to pay child support, coordinating with the child’s mother in a joint custody agreement, sole custody, visitation agreements and more.

Our goal is to help you accurately determine paternity so that the right custody, visitation and child support agreements can be reached. For answers to your questions about establishing paternity, call Jacksonville divorce lawyer Wendy Norman today.

Going through a divorce can be a difficult time in the life of both parties. Even though both may agree to the divorce, it is still a major change in your life. Along with no longer having that person in your life, you may also be faced with the issue of alimony. Alimony is paid to one spouse by the other spouse as a way to ensure that the party receiving the alimony is able to continue to have the type of life they are used to having. This is fairly common when one spouse was the one who worked outside the home, while the other stayed home for the children. There are several types of alimony and spousal support in Florida, all of which are geared to ensure fairness to both parties.

One of the most common questions asked when it comes to alimony is whether alimony is counted as income. The short answer to this question is yes, the alimony does need to be included in the income totals for the spouse who receives alimony. For the spouse who receives alimony, this is often going to allow him or her to file taxes in a higher income bracket than they would otherwise.

The Following Fiancial Factors Apply to Alimony:

· One party makes payments based on an agreement made between the parties
· Alimony payments are not combined with other payments like child support
· The agreement should dictate when the alimony payments end
· The parties must live apart
· A joint tax return cannot be filed by the parties
· Ensure that no extra alimony is being paid

If the payment is for the actual purpose of child support, part of a property settlement, to help keep up the property, or is purely voluntary, the payment is not a true alimony payment. In these situations, the money given is not really alimony, so it does not have to be considered as a part of the party’s income.

Avoid Confusion – Ask a Qualified Divorce Attorney

Alimony can be a tricky path to navigate without the proper help. There are several federal laws and regulations that are in place, meant to help ensure that alimony is paid to the spouse, and that this income is reported as it should be at the end of the year. Without help, many people become confused and this can lead to severe financial consequences.

For those who are located in Jacksonville, Florida, Wendy Norman is here for you. Whether you are the spouse who needs help with alimony payments or the spouse who wants to ensure alimony is being paid, give her a call. She has helped hundreds of others get their lives back in order after divorce, and she can help you as well.

Call 904.306.9926 For a Free Consultation Today!

This is a common question we’re asked. When a divorce happens, there are many cases in which one spouse has to pay alimony to the other spouse. In situations involving a child or children, one parent is often ordered by the court to pay child support, even in situations in which the parents may have not been married. The goal of alimony and child support is to ensure that the change in lifestyle brought about by the divorce does not negatively affect the quality of living of the spouse and/or children. Even with a court order requiring one party to alimony or child support, in many situations, an ex stops paying, leaving the other party and the children in a dire financial state situation.

Notify the Court of Unreceived Alimony or Child Support

What happens when you are not getting paid the alimony or child support that is owed to you? You first have to notify the court. This lets the court know the ex is no longer paying what was ordered by the court. Your lawyer can help to file the necessary paperwork that is needed.

Once the court gets this information, there are a couple of things the court can do:

1. The court may freeze the bank account of the person not paying and direct deposit what is owed and monthly amounts thereafter into the account of the other party
2. The court can deduct the person’s wages straight from their check and deposit this into the other party’s account
3. The court may order jail time in situations if it is clear that the ex is simply not paying, even though he/she does have the ability to pay

The court can also revoke a person’s driver’s license, hunting license or fishing license for not paying alimony or child support.

If you have an ex-spouse or partner who has stopped paying child support or alimony, the court can step in and take control of the case. You should not remain quiet and hope for the best. If your ex-spouse or partner is not paying now, and does not have a good reason for not paying, then chances are he or she is not going to pay in the future. Having a good lawyer on your side is the only way to approach these types of cases.

For those who are located in Jacksonville, Florida, Wendy Norman, is a family attorney working with all matters related to divorce, family, child support and alimony. She will work hard for you to ensure your case is handled properly and that you receive the support you deserve.

For a Free Consultation With a Jacksonville Divorce Attorney, Call Wendy Norman (904) 306-9926.