Tavares Family Law Blog

Older couples getting married should consider a prenup

On behalf of Cauthen, Oldham & Associates, P.A. posted in divorce on Wednesday, July 10, 2019.

People in Florida and all across the country are waiting until later in life to get married. While millennials are perhaps most well-known for this trend, older generations may also choose to remarry or marry for the first time. According to CNBC, women and men are now waiting until 27 and 29 respectively to get married. Also, 53% of Americans over 55 have married again. With same-sex marriage now newly legal, many older couples that have been together for decades are also marrying for the first time.

When people marry later in life, they tend to bring more assets to the table. This may include real estate property, retirement benefits and investments. They also bring more liabilities, such as children who should inherit their property after they pass away. Because of this, older couples have to take financial planning more seriously.

When is child support modification possible?

On behalf of Cauthen, Oldham & Associates, P.A. posted in child support on Thursday, June 27, 2019.

If you are a divorced parent, you may have a child support agreement in place. While there are many factors that usually go into the calculation of child support, there are also circumstances that may warrant a change in the initial payment amount. Florida does allow for child support modification in certain circumstances. Depending on your unique situation, you may be able to request a review and modification of your child support order.

The Florida Department of Revenue lists several reasons that may allow you to change your child support agreement. The goal of a child support order is to meet the needs of the children and the parents. When there are changes in life circumstances that affect your finances, you may need to request a different payment amount. For example, if you are the child support recipient, you may need a larger payment if your child develops a long-term medical condition. If you are the one who pays child support, you may need to ask for a reduction in the payment if you lose your job.

Long distance can spark co-parenting challenges after divorce

On behalf of Cauthen, Oldham & Associates, P.A. on Monday, June 17, 2019.

Like many other Florida spouses, when you decided to divorce, you may have wanted to settle things as swiftly and painlessly as possible so that you could move on in life and as far away from your ex as you could get. Perhaps you even entertained the idea of moving overseas but decided against it because you have children and believe they should have the opportunity to maintain an active relationship with both of their parents.

Most family law judges would agree with you that that's the best way to go for kids in divorce. It's understandable, especially if your relationship with your former spouse is contentious, that you want distance between you. While long-distance co-parenting is definitely possible, it does indeed pose some challenges, especially regarding a shared custody situation. It's a good idea to include detailed terms in your written agreement and to know where to seek support if a problem arises.

What are the different types of alimony?

On behalf of Cauthen, Oldham & Associates, P.A. posted in alimony on Thursday, June 13, 2019.

If you are a Florida resident considering divorce, you may wonder how alimony agreements work. Most states have their own laws that cover spousal support calculations and eligibility requirements, and Florida has very detailed legislation for alimony agreements. When courts determine the terms of an alimony agreement, there are numerous factors that may affect the amount and type of alimony you pay or receive.

You may get information on the state's alimony statute from the Florida Legislature. According to the state's official website, there are several types of alimony, including rehabilitative, bridge-the-gap and permanent. Each type has a specific purpose in helping people establish financial independence after divorce. For example, you may qualify for permanent alimony if you were married for a long time and cannot meet your financial needs after a divorce. This type of alimony may continue until you remarry or die. Durational alimony is different: It only applies for a set period of time. A court may award durational alimony after a short marriage.

Why you should think about college during divorce

On behalf of Cauthen, Oldham & Associates, P.A. on Wednesday, June 12, 2019.

A college education can help open doors that people would otherwise not have access to, such as higher earning potential and professional development. Like many other parents in Florida, you probably hope that your child will one day attend college, earn a degree and access those benefits. However, your upcoming divorce could throw college plans off track.

Staying married to potentially give your child a better chance at attending a university is not a realistic expectation, so you should not put off a necessary divorce to do so. Instead, focus on incorporating future plans into your settlement.

How divorce affects children

On behalf of Cauthen, Oldham & Associates, P.A. posted in divorce on Saturday, June 1, 2019.

Parents in Florida who are going through divorce are under a lot of stress and emotional turmoil, and these increase when the children are taken into account. Divorce affects children of all ages, and the negative effects can follow the kids into adulthood. While divorce is hard on everyone, parents can mitigate the effects by following certain strategies.

According to Focus on the Family, kids can suffer in numerous ways when parents split up. Some effects include:

Academic issues
Behavioral problems
Increased drug and alcohol use
Psychological and emotional distress
Poor health
Increase in juvenile crime

I've been ordered to pay child support, now what?

On behalf of Cauthen, Oldham & Associates, P.A. posted in child support on Sunday, May 19, 2019.

Both parents are obligated to provide financially for their child, even after a divorce has taken place. If you're the non-custodial parent, this usually entails child support payments, which are determined by the court. It's important to take the right steps if you're ordered to pay child support, as explained by Fatherly.

Keep accurate records

Sentimental value can derail your settlement

On behalf of Cauthen, Oldham & Associates, P.A. posted in property division on Wednesday, May 1, 2019.

Equitable property division in a complex Florida divorce often includes real estate, businesses and retirement accounts. While the financial worth of these assets is generally clear cut, artwork and collectibles may require a third-party valuation, particularly when they hold sentimental value. At Cauthen, Oldham & Associates, P.A., we tailor our legal plan based on your needs and priorities.

Divorce Magazine reports that a qualified personal property appraiser can assess the value of collections ranging from collectibles and jewelry to coins, antiques and wine. There are two categories of professionals; those who have expertise in a particular area and individuals who have broad experience across many sectors. Selecting the right type of appraiser for your specific collection is essential, especially if you and your soon-to-be-ex both want it.

School season is almost over. Think about your co-parenting plan

On behalf of Cauthen, Oldham & Associates, P.A. on Monday, April 22, 2019.

If you're among Florida parents who have recently divorced, you're likely still adapting to your new lifestyle. You and your ex were hopefully able to achieve a fair settlement that you both found satisfactory and developed a co-parenting plan. Many parents, however, neglect to think ahead to summer break, holidays and other extenuating circumstances that may necessitate special instructions in a co-parenting agreement.

Thinking ahead and discussing important issues now can help you avoid problems down the line. If you haven't yet finalized a custody or visitation agreement, you can incorporate instructions regarding summer months and other special occasions into your plan. In certain circumstances, it's possible request modification of an existing plan, as well. In all child-related matters of divorce, however, the court must grant approval of modifications and has final decision-making authority.

Man arrested for shooting at mother and kids in car

On behalf of Cauthen, Oldham & Associates, P.A. posted in divorce on Monday, April 22, 2019.

Many in Tavares may suffering through abusive relationships where the one's causing their suffering are their own spouses. Oftentimes, these victims of abuse choose to remain in their bad situations out of feelings they may have for their abusers and the hope that they maintain that such actions will stop. In other cases, abused spouses may simply remain in their marriages for fear that the abuse will escalate if they try to leave. In any event, those choosing to stay in an abusive marriage could be playing a potentially dangerous game, as one never knows when the force meted out by an abuser could turn lethal.

It almost did in a case involving a woman and her three children in Wisconsin. The family was forced to flee from the father of two of the children after he forced his way into their home. They escaped out the back door and jumped into the car before they were discovered. As they drove away, the man fired multiple gunshots into the vehicle. The mother and one of the children were hit, yet they were able to make it to the hospital to receive treatment. The father has since been arrested and charged with attempted murder.

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