The post How to Disestablish Paternity in Florida first appeared on Jacksonville Divorce Lawyer James Keenan.
The post How to Disestablish Paternity in Florida appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>Terminating your child support obligation can seem like a lengthy battle with time spend wading through paperwork or taking a number at the Courthouse. If you are a male and have come to learn through newly discovered evidence that you are not the biological father of the child you are ordered to pay child support for, you can petition the court to terminate your child support obligation. The Florida Statutes states a list of factors that are necessary to remove the non-biological father from his child support obligation to disestablish paternity.
To have your child support obligation terminated in Jacksonville, you must prove the following:
Here is the link to the State of Florida Family Law Site regarding disestablishment of paternity if you’d like to read the full text: 742.18 Florida Statutes
For additional information on the disestablishment of paternity or termination of child support or any other related family law matter please call the Jacksonville Divorce Law Office of James T. Keenan for courteous and professional advice. Our initial consultation is free and we strive to serve our community with over 22 years of family law experience.
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]]>The post Nesting Arrangement in Family Law first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Nesting Arrangement in Family Law appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>Divorce is an unfortunate event for any family, particularly those with children. It leaves psychological and emotional scars that haunt children for a lifetime. It is therefore very important to come up with methods to mitigate both the parents and children’s experience as they transition to life as a divorced family. One way to do this is through a nesting arrangement.
A nesting arrangement, also referred to as a ‘bird’s nest’ arrangement is one where parents rotate in and out of their family home to take care of and spend time with the children in the early phase of a divorce. During nesting, the children remain in the family home while parents take turns in and out. The parent on duty stays at the house while the parent who is off duty stays at a separate residence. This separate residence can be their own or it can be rotated with the other parent.
Is a nesting arrangement a sensible option for divorcing parents?
This arrangement is purely child centered and it gives the family an opportunity to try out a custody schedule that they might end up considering in their final settlement. It is a very sensible agreement as the children experience much less disruption of their lives and the routines they’re already accustomed to, while their parents who are more able to deal with the difficulty of divorce come to terms with what is happening. It provides a stable home for the children pending the determination of the divorce and ensures that they do not have to abruptly adapt to completely new living arrangements. It also ensures that their school and neighbourhood friendships are uninterrupted and that they continue maintaining meaningful relationships with both parents. In general, it allows a smoother transition to life as a divorced family which is crucial to the children’s ongoing well being.
Nesting will work best when the parents put their children’s need before their own and separate their co parenting responsibilities from their earlier marital conflicts. They must be ready and prepared to maintain a certain level of consistency, discipline, respect for each other and child raising techniques to make it the arrangement a success. This means they must be able to communicate clearly and peacefully and not take each discussion as an opportunity to argue
The arrangement can be semi permanent or temporary as the parents may mutually agree. They may agree to continue co- parenting until determination of the divorce, until their children graduate or until their last child attains the age of majority etc. This is to say that the period for the nesting arrangement is always at the discretion of the parents. When the co-parenting comes to an end, one parent may either buy the other out in their interest in the family home, or it is sold and the proceeds divided pursuant to the separation agreement or the regime governing matrimonial property.
The pros of this arrangement are that First, the child doesn’t bear the burden of having to move from one home to another during custody exchanges. The moving in and out is left to the parents while the child lives full time in the family home they are used to. This gives the child a sense of stability much more than other types of custody arrangements do. A child in a stable state of mind is able to concentrate in school, be socially active and this promotes their general well being and development. Secondly, it gives the parents time to think about their decision to get divorced. At times all the dispute needs is some space and time off and the parents realize the finality of divorce is not the best solution for their problems after all. They might decide to give their marriage another shot and solve their disputes in other ways, e.g. marriage counseling. Thirdly, this arrangement reassures the children that even though their parents are getting a divorce, they are both capable of keeping the routine, continuity and permanency to which they are accustomed.
The cons of this agreement are that First, parents have to adjust their lives and align it with the custodial requirements. This means they must have another place to live that is close by. Getting separate residences can be very expensive and might cause financial constraints on the parents which can often lead to more conflict. Secondly, the arrangement can be a challenge for parents who no longer get along. It will be uncomfortable for them to interact during custody exchanges and this could create awkward situations both for them and the children.
· Determine where the alternate homes will be. It is wise for both parents to live in close proximity.
· Determine if the arrangement is financially feasible for all parties. It means more living residences and this could raise financial constraints.
· Consider the probability of having other people in your lives. If one parent moves on and gets involved with another person after the divorce, the arrangement might be awkward and not work.
· Determine if the arrangement is really for the children. Both parents should put aside their needs and focus on the well being of the children. They should therefore have respect for one another and not cause each other unneeded stress that might lead to conflicts.
· Clearly spell out the duties of each parent e.g., paying the bills, mowing the lawn, doing laundry, to avoid issues that might lead to conflicts.
If you are considering divorce, are separated or involved in a paternity action and have questions about timesharing, we can help. Please feel free to talk to us about your case. At the Divorce Law Office of James T. Keenan, we understand your individual situation and needs. We are experienced and promise to handle your family law case professionally and passionately. Call 904-359-9060 for a free initial consultation.
The post Nesting Arrangement in Family Law first appeared on Jacksonville Divorce Lawyer James Keenan.
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]]>The post Is Alimony Taxable as Income in Florida first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Is Alimony Taxable as Income in Florida appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>For alimony to be deductible to the payor/spouse and taxable to the payee/spouse, the alimony must meet all of the elements of IRC section 71. Just to meet the criteria for alimony under a state statute is not enough if any of the Internal Revenue Code requirements are missing.
1. The alimony must be paid in cash and received by or on behalf of a spouse.
2. The alimony must be paid under a divorce or separation instrument.
3. The alimony must not be designated as not includible in gross income under section 71 and not allowed as a deduction under section 215.
4. The alimony payments are based upon a change in the status of the marriage such as where the husband and wife are separated under a judgment of dissolution or legal separation and the husband and wife or former husband and former wife are not members of the same household.
5. The alimony payments stop upon the death of either the payee/spouse.
6. The alimony payments are not fixed as child support.
7. The alimony payments cannot be front loaded in excess of the permissible amounts, otherwise the alimony will be subject to recapture per section IRC 71.
This is a question asked quite frequently of attorneys and tax preparers. It is an important question to ask because failure to understand the tax implications can result in serious penalties. When people are going through a divorce the income tax is not usually considered when alimony is being addressed, but it does play a huge role later. Both payer and recipient will need to address this on their payments and deductions when filing out taxes. In the State of Florida alimony payments, unlike child support, are considered and treated as taxable income to the receiver, and the payer of the alimony will see this as a deduction.
The best way to explain would be to use an example. Say the judge awards PERSON A with $1000 a month in alimony and they receive another $1000 monthly at their job. The total income for that month for PERSON A is $2000 dollars or about $400 due in federal taxes (20% tax bracket). This tax burden ($400 a month) should be considered ahead of time when negotiating what is needed for alimony because you will end up paying that at the end of the year (or quarterly depending on circumstances).
Conversely, person B paying the alimony will reduce their income that month by $1000 and will see a reduction of what they owe in monthly/yearly income tax by the percentage calculated for their tax bracket. It is possible if the alimony payments are high enough that he or she may even move into a lower tax bracket based on the terms of the decree.
Because alimony can have a profound effect on taxes, it is important to consider that when negotiating your terms. It can put the receiver into a higher tax bracket and the payer into a lower one. It is best to consult an attorney or even CPA when trying to determine how much money you should receive monthly in alimony or settlement payments.
The post Is Alimony Taxable as Income in Florida first appeared on Jacksonville Divorce Lawyer James Keenan.
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]]>The post Imputed Income to Calculate Child Support in Florida first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Imputed Income to Calculate Child Support in Florida appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>It is sometimes necessary for the court to impute an income to either party in order to properly calculate that parties’ child support obligation.
Section 61.30(2), Florida Statutes provides in part that “monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part.”
The court will consider the parent’s employment potential and probable earnings level based upon that parent’s recent work history, occupational qualifications and prevailing earnings level in the community.
As part of the “imputing income” process, a Florida court (typically in a child support case) will perform a two-step analysis before deciding whether to impute income to a parent. First, the court must determine whether the parent’s termination from employment was voluntary. That is, did the parent “walk off” the job without justification. Also, the court will consider whether there is a physical or mental incapacity or other circumstances over which the parent has no control. Second, the court must determine whether the individual’s subsequent unemployment or underemployment resulted from the parent’s pursuit of his or her own interest or through less than diligent and bona-fide efforts to find employment paying income at a level equal to or better than they formerly earned.
By performing this above analysis, the court can make sure that a parties’ child support obligation is properly calculated. The statute mentions variations and stipulations which we would be happy to discuss, should you be interested in a free initial consultation.
To learn more about imputed income as it relates to child support or other family law issues call the Law Office of James T. Keenan at 904-359-9060 for a free initial consultation.
The post Imputed Income to Calculate Child Support in Florida first appeared on Jacksonville Divorce Lawyer James Keenan.
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]]>The post How to Locate Hidden Assets In a Divorce first appeared on Jacksonville Divorce Lawyer James Keenan.
The post How to Locate Hidden Assets In a Divorce appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>The first step in locating hidden assets is having timely and accurate personal information of the other spouse. This should include the spouse’s full legal name, nickname(s) and known aliases along with current and past address information. It is also important to have the names, nickname(s) and aliases of family members or close friends who may assist the spouse in hiding assets along with their current and past address information.
Specific information concerning your spouse’s lifestyle may reveal the likelihood of hidden assets. Is your spouse a frequent traveler, when they travel what type of hotels do they frequent and what type of activities does your spouse engage in when they travel? Do they gamble, travel to banking havens or play golf? Who are their friends, what type of people are they and what are their interest?
Is your spouse’s monthly credit card and banking statements mailed to the marital home, the spouse’s office, or accessible only be email? Are there large amounts of cash under your spouse’s control? Who is your spouse’s accountant and who prepares your spouse’s tax return?
Your spouse’s tax returns for the past 3 to 5 years can be an excellent source of information in locating hidden assets. The tax returns will show income earning assets, the sale of assets and the source of all income such as wages, salaries, interest, dividends, rental income, business income and the gains and losses from the sale of stocks. Your spouse’s W2 will show whether your spouse has a deferred compensation plan.
Saving accounts and money market accounts could point to hidden assets such as stocks that pay a dividend or a bond that pays interest. Your spouse’s checking account could reveal the purchase of real property or other investments.
An important tool in locating hidden assets and unreported income is to conduct a lifestyle analysis and compare what your spouse reports as income to his or her lifestyle. What types of purchases is your spouse making, what kind of car does he or she drive, is there a boat or other like toys? Is there a disparity between the lifestyle your spouse leads and the income reported? If debt has not been increased and there was no inherited money then there is an excellent possibility that unreported income is supporting your spouse’s lifestyle and other hidden assets.
Jacksonville Divorce Attorney James T. Keenan has the experience and tools to uncover hidden assets and unreported income. For additional information on this or any family law matter call for a free consultation.
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]]>The post Part II of Our Hidden Assets Series: Discovering Assets During Divorce first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Part II of Our Hidden Assets Series: Discovering Assets During Divorce appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>There are many ways a spouse might conceal assets and the ways vary greatly with the individuals involved. In an attempt to hide assets, a spouse may involve the help of a family member or a close friend and often these individuals are unaware they are being involved in a scheme to hide assets. Another method of hiding assets is to place the asset such as investment certificates or other personal items into a safety deposit box in the name of a family member or close friend.
A spouse might conceal assets in plain sight by paying down a mortgage, credit card balances or other liabilities. Also, a spouse may make repayments on a phony debt to a family member or a close friend which at first glance may appear to be a legitimate debt. Gifts to a boyfriend or girlfriend, such as travel expenses, rent payments or tuition payments may at first glance may appear to be legitimate expenses. Additionally, assets may be transferred into the name of a family member, close friend or even a corporate entity.
Custodial accounts can be established by a spouse under a child’s name and social security number. A spouse may even transfer assets into pension accounts, profit-sharing accounts, a trust or a 401K account in an attempt of hiding assets from the opposing spouse. Also, a spouse may give cash or other assets to a family member or close friend to hold until the divorce is finalized.
A spouse who owns a business may use the business to conceal assets by not recording cash receipts or by paying a non-existing employee. Additionally, the value of a business before the divorce can be lowered by delaying the signing of a contract for goods or services until after the divorce is final.
The Florida Family Rules of Procedure require full and honest disclosure of all assets and liabilities of the parties both non-marital and marital and the court will tolerate nothing less. Should a spouse be found to have committed a fraud up the court, that spouse may be subject to sanctions and if the final judgment has already been entered when the violation is discovered, the case can be reopened.
The post Part II of Our Hidden Assets Series: Discovering Assets During Divorce first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Part II of Our Hidden Assets Series: Discovering Assets During Divorce appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>The post Hidden Assets During the Divorce Process Part I: Intro and Common Questions first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Hidden Assets During the Divorce Process Part I: Intro and Common Questions appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>Financial issues in a divorce can sometimes be difficult where unreported income and hidden assets are being alleged usually by the party who is not running the family business or has not been in charge of the family finances.
It is not unusual for a spouse to hide income and assets, especially if the divorce action has been planned well in advance. A spouse may want to hide income and assets for a variety of reasons, but in a divorce action, they have property they do not want the other spouse to know about and they do not want to share the asset with the other spouse.
The most common types of hidden assets include cash, bonds, insurance policies, mutual funds, annuities, stocks, pension funds, 401Ks and IRAs. Also, a party may convert cash into personal property such as antiques, automobiles, boats, art, jewelry or guns. These are examples of asset conversion that a spouse may often overlook or undervalue in a divorce action.
Hidden assets are typically placed with a trusted third party or behind false documents. Finding hidden assets is often one of the most difficult tasks during the divorce process and is handled in a two-step process. The first step is through the traditional formal discovery process by serving interrogatories on the opposing spouse, taking his or her deposition and issuing subpoenas to third parties such as banks. If the opposing spouse fails to produce the documents requested, the court can compel the opposing spouse to produce the requested documents, sanction them accordingly and order them to pay attorney’s fees and costs. The second step is to consider the hiring of an investigator to trace the transfer of ownership of assets into another individual’s name or other entities’ names.
Through diligent and effective preparation, it is possible to discover hidden assets not disclosed or acknowledged by the opposing spouse. Part II will focus on how assets are hidden.
The post Hidden Assets During the Divorce Process Part I: Intro and Common Questions first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Hidden Assets During the Divorce Process Part I: Intro and Common Questions appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>The post Social Media and Your Family Law Case – 6 Steps Towards Protecting Yourself first appeared on Jacksonville Divorce Lawyer James Keenan.
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]]>Social media is playing an ever increasing role in family law cases. The comments, opinions and photos posted to Facebook, Twitter, Instagram, YouTube and personal blogs are not always private and can be admitted into evidence at a trial or hearing.
Photos showing lavish spending could impact an alimony claim. Posts stating you will not share the children with the other parent may have an impact upon majority timesharing, as could a photo showing you drinking excessively at a party.
1. Never post a message or photo you would not want your grandmother to see;
2. Limit your friends list to only truly close and trusted friends;
3. Change passwords often and make your new passwords are highly secure;
4. Have an IT professional check you devices for spyware or malware;
5. When out in social situations always be on your best behavior because you never know who is watching and waiting to share your behavior with others; and
6. Again, never post a message or photo you would not want your grandmother to see.
Social media can be used to your advantage or it can be used against you when the stakes are high.
For more information regarding divorce in Jacksonville and all of Northeast Florida, please call our office to schedule a free no-hassle consultation at (904) 359-9060.
The post Social Media and Your Family Law Case – 6 Steps Towards Protecting Yourself first appeared on Jacksonville Divorce Lawyer James Keenan.
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]]>The post Qualifying for Benefits as a Divorced Former Military Spouse first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Qualifying for Benefits as a Divorced Former Military Spouse appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>The Uniformed Services Former Spouse Protection Act is a federal law that provides certain benefits to former spouses of military members. These benefits include your right to retirement pay, medical care as well as the use of the exchanges and commissaries.
If you are entitled to the use of the commissary, exchange and or medical services depends upon how long you were married to the service member, and the length of time your spouse served in the military. To retain full military benefits upon divorce from a service member, you must meet the requirements of the “20/20/20 Rule.”
An un-remarried former spouse is entitled to receive medical, commissary, exchange and theater privileges where he or she was married to the military member for at least 20 years at the time of the divorce or annulment. The military member has performed at least 20 years of creditable military services and the former spouse was married to the service member during at least 20 years of the member’s retirement creditable service. So, if you were married to the service member for at least 20 years, and your former spouse has performed at least 20 years of service creditable for retirement pay, and there is at least a 20 year overlap of the marriage and military service you are entitled to full commissary, exchange and health care benefits after the divorce or annulment.
In the event you do not qualify under the “20/20/20 Rule,” you may still qualify for benefits under the “20/20/15 Rule.” Here you may be eligible for one (1) year of transitional military benefits for purposes of military medical care only. Similarly, the “20/20/15 Rule” requires that the services member perform at least 20 years of creditable service, the parties’ were married at least 20 years and the period of the marriage overlapped the period of service by at least 15 years.
Should these requirement be met, the former spouse will be entitled to retain TRICARE medical coverage, but only for the transitional period of one year. However, you will not retain your military exchange or commissary privileges.
For more information regarding Military Divorce in Jacksonville and all of Northeast Florida, please call our office to schedule a free no-hassle consultation at (904) 359-9060.
The post Qualifying for Benefits as a Divorced Former Military Spouse first appeared on Jacksonville Divorce Lawyer James Keenan.
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]]>The post Rick Scott Signs Bill Seeking to Promote Peaceful Divorce and Family Law Disputes first appeared on Jacksonville Divorce Lawyer James Keenan.
The post Rick Scott Signs Bill Seeking to Promote Peaceful Divorce and Family Law Disputes appeared first on Jacksonville Divorce Lawyer James Keenan.
]]>Governor Rick Scott signed HB 967 into law the “Collaborative Law Process Act” on March 24, 2016.
The purpose of this act is to encourage the peaceful resolution of family law disputes and the early resolution of pending litigation through a voluntary settlement process. This is a unique non-adversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation.
1. Dissolution of marriage, annulments and marital property distribution;
2. Child custody, visitation, parenting plans and timesharing;
3. Alimony, separate maintenance agreements and child support;
4. Parentage and paternity;
5. Premarital, marital and post marital agreements.
The Collaborative Law Process is a private form of dispute resolution where the parties agree by contract to settle all issues outside the court system with their respective attorneys. The attorney’s role is solely to help the parties reach an agreement that is best suited to the needs of their family. Attorneys are not allowed under this process to engage in opposition research or prepare for trial.
Other professionals may be involved in the process. These professionals may include a child specialist to help develop a parenting plan or a CPA or Financial Planner to help develop a budget so as to maximize the parties’ financial security.
Under the Collaborative Law Process there is a “privilege” similar to the attorney-client privilege, so that except under very limited circumstances, the parties cannot repeat in court anything that was said by the other party during the Collaborative Process.
Though HB 967 will become law on July 1, 2016, there are still several steps that must be completed before the Collaborative Law Process goes into effect. The Florida Supreme Court must first adopt Rules of Procedure and Rules of Professional Conduct to govern the Collaborative Process.
Photo Credit: Gage Skidmore via Compfight cc
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