What You Want to Know About Florida Alimony Law

The discussion of alimony during divorcement is a challenging conservation to have for any one, regardless of the amiability of both parties. Whether you are simply considering a divorce, or ready to move forward now, there are some important facts you will want to know and understand about Florida alimony law. Continue below to review the basics of spousal support, spousal maintenance, and more.

Orlando Divorce Attorney
Orlando Divorce Attorney 407-887-7058

Florida Alimony Facts

Following a divorce, the law provides certain relief and security for the lower-earning spouse. This is referred to as alimony. Not only are there different types of alimony that can be awarded in divorce court, various factors influence the amount of money and time a spouse is ordered to pay the other. Such factors include the length of the marriage, the income and employment history of each spouse, the age of each spouse, structured settlements of property and assets, the presiding divorce judge, the skill of the representing divorce lawyer, and much more. However, additional factors, such as the primary roles during the marriage, the number of dependents shared, child support agreements, and spousal collaboration, can also affect alimony orders.

Types of Alimony

There are three common types of alimony that can be awarded in Florida divorce court, Temporary, Rehabilitative, and Permanent (also known as lump sum alimony) spousal support. See our blog, “3 Types of Alimony Awarded in Divorce Court” to learn pertinent details regarding each type of spousal support in Florida.

Temporary Alimony – Temporary alimony is a type of spousal support arrangement that ordered to be paid for a set, limited amount of time.

Rehabilitative Alimony – This is a type of spousal maintenance that allows the lower-earning spouse to go back to school or participate in vocational training in order to achieve financial independence.

Permanent Alimony – Permanent spousal support arrangements are rare, but when granted, remain in effect until the recipient of the alimony remarries, or until either spouse perishes.

Although spousal support is common in our state, the unfortunate truth is, it is still an unpredictable area of family law. There is no guarantee that a spouse will be granted alimony, nor is there a set spousal support schedule that divorce courts adhere to when granting such judgements. Unlike child support rulings, alimony is not calculated according to a precise, statutorily-defined formula. For this reason, it is vital that you retain the services of an experienced and trusted Florida divorce lawyer who can represent your best interests during and after your divorce.

A Trusted and Leading Florida Divorce Lawyer

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice and assistance for all legal matters related to divorce law in Florida, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058

Learn What You Need to Know About Legal Guardianship in Florida

Guardianship can refer to the legal custody of a non-biological child, disabled adult child, or an incapacitated adult. This generally becomes a litigious matter when a parent (or current caretaker) passes away or fails to meet the legal standards for guardianship. Common forms of establishing guardianship include adoption, foster care, and guardian ad litem (GAL), which is a court-appointed volunteer who represents the interests of a child. In other circumstances, individuals are looking to relinquish guardianship, emancipate themselves from guardianship, or protect themselves in cases of surrogacy and child reproductive rights.

Regardless of whatever guardianship matters come your way in life, it is wise to retain legal counsel from a seasoned Orlando family lawyer you can trust for intelligent and practical solutions that work for you.

Orlando Child Custody/Child Support Lawyer
Orlando Child Custody/Child Support Lawyer 407-887-7058

Who to Trust for Family Legal Advice

Here at the Law Office of Shane T. Herbert, we provide comprehensive guardianship legal representation for families of all types here in Orlando, Florida. From general guardianship actions and modifications, to adoption, foster care, emancipation, reproductive rights, surrogacy, custodial rights, and more, we are your trusted source for preserving your family’s best interests. Whether you wish to adopt your step-child, enter into a foster care initiative, or obtain guardianship for a senile parent with Alzheimer’s, our law firm retains the knowledge and means to ensure your case is as successful as possible.

Our primary guardianship practice areas include, but are not limited to, adoption, step-parent adoption, second parent adoption, same sex couple adoption, foster care, emancipation, guardian ad litem, reproductive rights, surrogacy, and more.

Get In Touch Today

Contact Shane T. Herbert Law, LLC at 407-887-7058 to learn what you need to know about child custody and support in Orlando, Florida. You may also submit a free email, and we will get back to you shortly after. For your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone when scheduled.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law 407-887-7058

Will Filing for Bankruptcy Affect My Divorce?

No one ever says divorce is easy. That is largely because the process of ending a marriage takes a toll on most people, both emotionally and physically. But divorce can also impact other vital aspects of a person’s life, such as finances, especially if a divorcing couple is already in the midst of financial struggles or rehabilitation. One such example is bankruptcy.

Continue reading to learn how filing for bankruptcy might affect the outcome of a divorce, as well as, where to get trusted legal advice on protecting your assets following a dissolution of marriage in Florida.

Orlando Divorce Attorney
Orlando Divorce Attorney 407-887-7058

Filing For Bankruptcy

Bankruptcy cases will affect assets and liabilities of a divorcing couple. It will also affect child and spousal support orders, and much more. For this reason, it is vital to hire a seasoned divorce lawyer who can help you understand what to expect from the overall dissolution of marriage process if you are facing bankruptcy.

There is more than one type of bankruptcy filing. The type a couple chooses for their financial recovery mostly depends on how much disposable income each spouse has left after paying all expenses. The type of bankruptcy filing chosen is further influenced by a divorce since such factors might be included in the filing.

Chapter 7 Bankruptcy

When a couple does not have enough disposable income to pay off their debt, and they do not own a business, they will likely file for Chapter 7 Bankruptcy. This process can take anywhere from 6 to 8 months, or longer, depending on the unique circumstances of a couple’s finances. When divorcing, Chapter 7 Bankruptcy can be completed either before or during the proceedings. However, it is strongly encouraged that each spouse finalize their bankruptcy filings separately, before filing for divorce, so that financial debts do not complicate the divorce settlement.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is another type of bankruptcy filing option, which can take several years to complete; usually between three and five years. In such cases, it is wise to finish all Chapter 13 filings before starting the divorce process because it can drastically complicate and prolong the divorce proceedings. For instance, if a spouse, or both, own a business, filing bankruptcy prior to divorcing can ensure that the debts of the company are managed separately from the interests of the divorcing spouses.

Where to Get Divorce Legal Advice in Florida

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about getting a divorce in Orlando, Florida. From marriage and divorce, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. For your convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058

How Long Do I Have to Pay Child Support?

If you are paying child support in Florida, do not assume that your legal obligations end when your kid turns 18 years old. There are exceptions to this rule, depending on your family’s needs and circumstances. Continue reading to learn what you need to know about child support payments and laws in Florida, as well as, where to find trusted legal advice for your family matters.

Orlando Child Support Attorney 407-887-7058
Orlando Child Support Attorney 407-887-7058

Child Support End Dates in Florida

In October of 2010, Florida legislated a statute requiring that all child support orders have an end date for child support payments. This means that any child support orders established before October of 2010 do not contain end dates, and will continue as valid orders until terminated. Furthermore, there is something called an Income Withholding Order that usually goes along with a child support order. This order is required by law to have an end date.

Child Support Beyond 18 Years Old

As a result of rising costs of post-secondary education, market inflation, and similar economic variables, the need for extended financial support for guardians of children is more common among families of all income brackets. And to the benefit of many families, the state of Florida allows certain legal recourse to satisfy those needs, so long as the courts agree.

Normally, under Florida law, child support payments are to end on a child’s 18th birthday, unless both parties agree to another arrangement. Either guardian can put in a court order to modify child support in any way, so long as the order is filed within a certain time frame.

When making such modifications, the length of time a legal guardian might be ordered to pay child support mostly depends on when the child graduates high school, and at what age. There are some cases in which child support must be paid until a child reaches the age of 19 years old, or perhaps indefinitely.

Here in Florida, the law might recognize certain limits on child support payments, such as:

Graduates BEFORE 18 Years Old – Child Support Ends on 18th Birthday

Graduates AFTER 18 Years Old – Child Support Ends on Graduation Day

Graduates AFTER 19 Years Old – Child Support Ends on 19th Birthday

Not Graduating Before 19 Years Old – Child Support Ends on 18th Birthday

Extended or Indefinite Child Support

As mentioned, there are several cases in which child support might be granted beyond a child’s 18th and 19th birthday, and in some cases, permanently. In the case of children who are special needs, terminally ill, or mentally or physically incapacitated, the state might grant extended or indefinite child support, depending on the circumstances.

Step-Parent Child Support

Many divorcing couples share blended families, which leads many step parents asking about rights surrounding child support. In Florida, step-parents are not required to pay child support to non-biological children, nor do the courts consider a step-parent’s income when calculating child support awards.

Florida child support is complex, as the rights and legal obligations of child support varies greatly among families. To get the best possible outcome for your family, you need professional legal advisor who can help you better understand your unique case.

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a child support lawyer in Orlando, Florida about your family legal matters. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law 407-887-7058

The Difference Between Mediation and Collaborative Divorce

In last week’s blog, we discussed the various benefits of divorce mediation, including how it serves as an alternative to divorce court. As assured, in today’s blog we will discuss the difference between divorce mediation and collaborative divorce. Many divorcing couples are confused about these two legal processes, so clarifying some pertinent facts about each divorce option is an important step to making the right choice for terminating your marriage.

Continue reading to learn the difference between mediation and collaborative divorce, including advice on how to choose which route is right for you.

Orlando Collaborative Lawyer
Orlando Collaborative Lawyer 407-887-7058

Divorce Mediation

Mediation is a method used in the dissolution of marriage to negotiate all facets of legally terminating a marriage. Such facets might include money, assets, spousal support, property division, child support, child custody, and more. Normally, mediation involves a group effort that includes each spouse, both of their private divorce attorneys, and a mediator. A mediator is a neutral third party that is hired to discuss, negotiate, and resolve all matters related to a divorce. Your divorce attorney can refer a certified mediator, or you can hire one personally. To learn more about mediation and divorce, review our aforementioned blog, “The Benefits of Divorce Mediation.”

Collaborative Divorce

So how does mediation differ from collaborative divorce? Well, there are many aspects of collaborative law that separate its practices and methods from divorce mediation. Rather than hiring a mediator and two separate divorce lawyers, collaborative divorce is an approach in which divorcing couples hire a solitary collaborative divorce attorney who is specially-trained and experienced in collaborative practice.

Similar to a mediator, a collaborative divorce attorney will work with both couples simultaneously to resolve all aspects of a divorce and reach a settlement agreement. In contrast to a mediator, a collaborative divorce lawyer can also handle all legal processes of divorce as well, and set all agreements and settlements into motion. It is somewhat like hiring a divorce lawyer and mediator in one. Couples who are divorcing amicably or wish to divorce with full cooperation are well-suited for this option.

Where to Get Legal Advice for a Dissolution of Marriage in Florida

Contact Attorney Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned collaborative divorce lawyer in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058

Frequently Asked Questions About Kids and Divorce

Earlier this week, we discussed the most common questions family law clients have about Florida divorce statutes, procedures, and more. In today’s blog, as promised, we will discuss some frequently asked questions about divorce when kids are involved. Continue reading to learn some helpful information about getting a divorce in Florida when you have biological or step children.

Orlando Child Support Lawyer
Orlando Child Support Lawyer 407-887-7058

How Much Child Support Will Be Ordered to Pay?

In Florida, the law requires both parents (or legal guardians) to provide financial support of their child. The amount of money the law mandates parents to contribute will depend on a number of factors unique to your situation, all of which are applied to the child support guidelines set forth by Florida legislature. To calculate child support payments, the uses these two primary factors to make their considerations:

Combined Income (Before Expenses) – If you make $1,000 a month, and your spouse makes $3,000 per month, the state will add your incomes together to develop a combined income of $4,000 per month.

Percentage of Income to Combined Total – The state will then consider what percentage each spouse contributes to the combined income. Using the example of $4,000 combined income, your percentage would be 25%, while your spouse contributes 75%.

Do I Have to Pay Child Support for a Step Child?

Here in Florida, stepparents are not legally required to contribute to the financial support of a stepchild after the dissolution of marriage. This also applies to marriages in which a spouse is paying an ex-spouse child support. Because they are married and have joint finances, they are both technically paying child support to the ex-spouse. But the law will not force a stepparent to do so, nor garnish their wages, unless an adoption occurred. Child support is solely the responsibility of the custodial parents. One exception to this rule involves a legal act called In Loco Parentis, which means a person has legally taken on some parental responsibilities to a stepchild, without actually adopting them.

Can I Change Child Support Orders?

In order to contest or change your current child support obligations, you will need to show the courts that an unanticipated and long-lasting change has occurred to your income or financial needs. Such changes may include job losses or promotions, medical expenses, and similar significant events. Typically, a court will not consider the request unless the change calls for at least 15% modification of monthly child support payments, whether an increase or decrease.

Can I Request Temporary Child Support?

Not only can you go to the courts and petition for temporary child support, you can also petition for alimony, custody, visitation rights, and more. Talk to your family lawyer for information on how to get started.

How Do I Change My Child Custody Agreement?

If you are not happy with the child custody agreement prior to or during your divorce, you can petition for a child custody modification. In order to be granted a modification, you will need to show the court that there is a legitimate reason for the change, such as a significant change in circumstances, whether for you or your spouse. Your Orlando family law attorney will help you facilitate all of these needs.

Can My Ex Move to Another State with Our Child?

If you are a non-custodial parent, and your ex-spouse wishes to move to another state, you are protected under Florida law to a certain extent. You have the right to petition for a child custody modification, as mentioned before, but there is no guarantee that the court will grant your request.

Can I Get Custody of My Step Child?

In the state of Florida, you can only get custody of a stepchild after a divorce if an adoption takes place. Otherwise, a stepparent post-divorce has no legal right to a stepchild. Furthermore, Florida does not recognize any visitation rights of stepparents. So after you divorce, you may not be able to get a court to grant you visitation rights to a stepchild.

A Florida Divorce Law Firm That Can Help

Call the Law Office of Shane T. Herbert at 407-887-7058 for help with your child support and child custody matters in Florida. You can trust our seasoned legal team to meet your family law needs, as our case results speak for themselves. Office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed. Contact our Orlando Family Law office at 407-887-7058 to learn what you need to know about resolving or addressing your family legal matters, swiftly and securely.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058