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Tavares Family Law Blog

Moving out-of-state with your child

A divorce can change your life in many ways, whether it brings on financial responsibilities such as paying alimony or child support, or it changes your daily routine. Divorce matters which involve children can be particularly emotional and there are many different legal issues you may encounter. Aside from working through a custody dispute and calculating child support, parental relocation is another serious issue that can be challenging for both parents.

If you are planning on moving to another state with your child, it is vital to make sure that you are legally able to make such a move and that you approach the process of parental relocation properly. There are a variety of requirements that will have to be satisfied in order for you to be able to relocate and it will be very helpful for you to have a clear understanding of your obligations. You may also be a non-custodial parent whose child is moving away, which could bring up a number of questions. If your rights are being violated or you have concerns, it is important to go over your options.

The emotional side of property division

When people think about family law and emotions, they may envision a difficult dispute over child custody or another issue involving kids. While these can certainly be difficult challenges from an emotional angle, there are many other facets of family law that can bring up negative emotions. In Tavares and in other cities across the state of Florida, people may become very stressed out over financial issues involving their divorce, such as the distribution of marital property.

Some people who are unprepared for the impact of property division may become angry, depressed or highly anxious once they realize how the property will be split up. As a result, it is extremely important to do all that you can to prepare yourself for property division if you are approaching the end of your marriage. Aside from the financial impact of property division, some people may be upset about the way in which property was divided because they have an emotional attachment to the property.

How many children have a parent who lives elsewhere?

If you are a parent, you may have a number of concerns with respect to moving forward with your divorce. Setting aside financial considerations and personal challenges you may worry about (such as feeling depressed after you split up with your spouse), you could be worried about the potential impact that this decision may have on your children. You may also be wondering how many other children have a parent who does not live in their household.

According to data that was published by the U.S. Census Bureau, more than one-quarter of children who are under the age of 21 have at least one parent who does not live in their household. This may be due to their parents filing for divorce, but there are other factors that can result in this as well. For example, a parent may be sentenced to prison for years or they may be deployed overseas. Sometimes, parents who find themselves in this position have other responsibilities involving their children as well, such as paying child support.

Divorce and back-to-school season

Soon, many kids across the country will be returning to school after summer vacation. For parents, this can be an especially stressful time of year. After all, between running around to buy clothes and school supplies and discussing school-related issues with kids (social anxiety involving classmates, stress over schoolwork or changes to a child’s schedule, etc.), there may be difficult issues for parents to handle. You may find yourself in a position where you are thinking about divorce, or maybe your divorce petition has already been filed and you are in the midst of the process. Either way, it is important to be prepared.

You may decide to postpone your divorce until your child has become adjusted to their new schedule. However, this may not be necessary. Back-to-school season can be stressful, but other times of year (such as the holiday season) can be difficult times to divorce as well. For starters, you could be able to help your child deal with these changes by having a discussion with them and making sure they know that they will continue to have your love. Explaining some of the changes with them can also be helpful and may make them feel more prepared for the future.

Financial irresponsibility and child support payments

Divorce can bring up a variety of difficult issues for people to work through, from disputes in court to depression and other negative emotions. For those who have children, ending a marriage can give rise to a number of legal matters and some parents struggle with child support payments in particular. There are different reasons why parents fall behind on the payments they owe, which can lead to serious consequences such as being taken into custody and having tax refunds intercepted.

Sometimes, non-custodial parents lose their ability to pay child support due to their position being terminated or some other factor that is out of their control, such as a medical crisis that arose suddenly. In other circumstances, a parent’s financial irresponsibility may leave them unable to pay child support. For example, someone may have a gambling problem and constantly lose too much money at the casino, or recklessly spend their money in another way. Some people simply have difficulty managing their finances and setting aside money each month.

Property division is not easy in Florida

Life is not always sunny in Florida -- in fact, rainstorms are not uncommon. In the same way, marriage can feel like a blessing and a burden at times. If you are like many married individuals, you may feel that now is as good a time as any to end your marriage and finally move on with your life.

Getting a divorce, however, can be both emotionally and financially difficult. When it comes to the financial aspect of divorce, an area that may especially cause conflict between you and your future ex-spouse is property division. Here is a glimpse at how this matter is handled in the Sunshine State.

Will a judge award you spousal support?

Ideally, when you and your spouse are negotiating your Florida divorce, you will be able to present your case for spousal support, and your spouse will agree to pay it. If you have sacrificed your career for his or hers, or you spent the last five years as a stay-at-home parent, your spouse should be willing to at least discuss the possibility. 

If not, and you have to rely on a judge to award you the money you need to get back on your feet, here are some things he or she will consider, according to FindLaw:

  • How long your marriage lasted
  • How old you and your spouse are, and your physical and mental health (if, for example, age or a medical condition may make it difficult to re-enter the workforce)
  • Whether you can support yourself and maintain the standard of living you and your spouse enjoyed during your marriage
  • Whether your spouse can afford a reasonable standard of living while paying spousal support
  • How long it would take you to train or gain the education you need to support yourself
  • How much you contributed to the marriage through your services, such as managing the household, supporting your spouse's career or raising your children

Child support and the loss of your job

As a parent who is required to make child support payments, our law office realizes that there are many different hurdles you might encounter on a daily basis. You could be having trouble staying caught up on the child support payments you owe or you might be facing emotional issues following your divorce and losing the ability to spend as much time with your child as you would like. Worse, there are other problems that may arise which can complicate things further, such as being laid off or fired. If you anticipate that your job will end for any reason, it is crucial to keep your child support responsibilities in mind.

There are all sorts of factors to consider when it comes to job loss. People lose their positions for many reasons, whether they are discriminated against, laid off due to the seasonal nature of their field, or fired for any reason. Losing a job can make one feel like giving up, but it is essential to make sure that you stay caught up on the child support you owe since falling behind can significantly complicate your life in many ways, as we have discussed on this blog.

Social media posts and custody disputes

If you have found yourself in a dispute over child custody, you could have many questions and areas of concern. In court, a variety of factors will be considered when it comes to determining child custody and it is critical for you to prepare yourself and understand how these issues influence custody decisions. Moreover, there are new considerations that were not present in previous decades, such as social media posts. Whether you share something online and it is used against you or your former spouse has posted something inappropriate on the internet, it is important to realize how social media can affect the outcome of a custody dispute as well.

After splitting up with their partner, some people may become emotionally unstable or turn to drugs or alcohol and share this information online. You should watch what you post, especially if it involves your child or your ability to raise a child. Moreover, some people notice that the other parent of their child has shared something concerning on the internet. Depending on the nature of the post, whether it involves an image, video or text, it may be necessary to bring this up in court.

Other consequences of back child support

Our blog has provided information on some of the consequences of falling behind on child support payments, such as having one's tax refund intercepted and being unable to apply for a U.S. passport. However, there are many other reasons why it is crucial to pay child support on time and parents who are unable to fulfill these obligations may face a number of other ramifications. In this post, we will look into some of the other ways in which parents who owe back child support in Tavares and across the state of Florida may be adversely affected by their circumstances.

First of all, failing to pay child support can completely shatter a person's reputation. Even if someone is financially unable to stay current on their child support obligations because of the loss of a job or a medical crisis, many people will still look down on them and this can adversely affect a person's life in different ways. Falling behind on child support can also mean that one will eventually face significant financial strain in the event that they try to get caught up on what they owe. Moreover, someone may even be apprehended and spend time behind bars as a result of the child support they owe, resulting in a record that follows them around for life.

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