Tavares Family Law Blog

Which factors can affect property distribution?

On behalf of Cauthen, Oldham & Associates, P.A. posted in property division on Friday, November 9, 2018.

Divorce can bring on many different challenges and some people may have an especially hard time working through the end of a marriage, such as those with children. Moreover, people who have a high net worth or significant assets may worry about how their divorce will impact their finances. Even people with a moderate amount of assets may worry about property division for various reasons and it is important to prepare for how your marital property may be split up. For example, you might benefit from going over some factors that courts consider when making decisions regarding property distribution.

According to the Florida Legislature, there are all sorts of factors which courts will consider when deciding how to distribute marital property. For example, if a spouse purposely destroys marital assets shortly before a divorce, or wants to keep certain types of property and the other party has no problem with this, the court may use these factors when making a decision. Each person's financial state and contributions during the marriage can also influence how marital property is divided. In fact, the amount of time that a couple was married can even affect how marital property is split up.

A number of child custody options are available

On behalf of Cauthen, Oldham & Associates, P.A. on Thursday, November 8, 2018.

Figuring out how to divide years' or even decades' worth of assets can certainly make the divorce process tricky. However, if you and your future ex have young children, trying to decide how you will handle child custody can be just as difficult, if not more so.

In many divorce cases involving child custody, the problem is that both parents lack an understanding of what their legal rights and options are when it comes to who cares for the children. Here is a look at what child custody involves following a divorce proceeding in Florida.

The basics of child support payments

On behalf of Cauthen, Oldham & Associates, P.A. posted in child support on Friday, November 2, 2018.

When Florida parents get divorced, one of them is likely going to pay child support. Many parents may have questions about how much these payments might be, so it is important to understand the factors a court typically considers.

Sometimes child custody affects child support. According to FindLaw, if parents have joint custody of their child, child support payments typically depend on the amount of time a child spends with each parent. Additionally, a court may consider a person's total earning ability. This means that if one parent has recently decided to go back to school, a court may determine child support payments based on the salary a person received before leaving the job.

Dealing with gossip during divorce

On behalf of Cauthen, Oldham & Associates, P.A. posted in divorce on Friday, October 12, 2018.

Ending your marriage may be a challenge for numerous reasons, whether they are financial in nature (alimony, property distribution, and so on) or involve your kids. However, you may also face a hard time during and after the divorce process as a result of other people gossiping about your circumstances. If you are a community leader or celebrity, you may even find that a number of people who you do not even know discuss your personal affairs and cast judgment on your decisions. Our law office understands how difficult this can be from an emotional point of view and it is important to prevent these feelings from affecting your divorce case.

In the digital era, you may read about your divorce on the social media profiles of other people. For example, your ex-spouse’s family may comment on your divorce and gossip about you, or you may read about your divorce while scrolling through one of your friend’s feed or your parent’s posts. This can be unnerving and may make you angry, stressed out or hopeless. However, you should not let these negative emotions interfere with your ability to pursue a positive outcome in the courtroom, especially when it comes to matters such as child custody.

Job loss and unpaid alimony

On behalf of Cauthen, Oldham & Associates, P.A. posted in alimony on Saturday, September 29, 2018.

Many different family law matters can arise when a couple decides to end their marriage, some of which involve kids (custody and child support), while other divorce issues involve finances. Aside from property division, some people face challenges as a result of alimony payments, whether they do not receive what they are owed or they cannot stay caught up on payments they are required to make. In this post, we will examine how some people may struggle to pay alimony after losing their job and some options that may be available.

People face financial hardships for all sorts of reasons, but some (such as losing a job) can be particularly difficult because they were unexpected and result in immediate financial challenges. If you have lost your job, or will soon be out of work, you may be worried about how you will be able to stay current on the alimony payments you have to make. This can be very stressful, but falling behind on alimony could make your life even more difficult. For example, you may be required to pay interest, which could result in even greater financial difficulties.

Moving out-of-state with your child

On behalf of Cauthen, Oldham & Associates, P.A. posted in child custody on Friday, September 14, 2018.

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

On behalf of Cauthen, Oldham & Associates, P.A. posted in property division on Friday, August 31, 2018.

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?

On behalf of Cauthen, Oldham & Associates, P.A. posted in child custody on Friday, August 17, 2018.

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

On behalf of Cauthen, Oldham & Associates, P.A. posted in divorce on Friday, August 3, 2018.

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

On behalf of Cauthen, Oldham & Associates, P.A. posted in child support on Friday, July 20, 2018.

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.

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