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Grant J. Gisondo, P.A. – Family Law Attorney

Child Support

Grant J. Gisondo, P.A. > Child Support (Page 2)

How Can a Forensic Accountant Assist in a Dissolution of Marriage?

Before looking at how a forensic accountant can assist in a dissolution of marriage (divorce), it is important to understand the job qualifications associated with forensic accounting. A person using this title is someone who is trained and educated, and licensed to investigate and give qualified reports in the areas of accounting, audits, and issues involving the financial status of an individual or a business. A forensic account is considered by the court an expert witness, which, according to Legal Dictionary.com is “a person who is a specialist in a subject, often technical who may present his/her expert opinion without...

How to Effectively Coparent DURING a Dissolution

Dissolution refers to the now used term dissolution of marriage that replaces the term divorce. Dissolution comes from the word dissolve, which in effect is what happens to a couple’s relationship. When minor children are involved by virtue of the fact they were born to or adopted by the couple, there are dynamics involved requiring co-parenting. Minor children are children from birth to eighteen years or longer if a child is unable to support themselves independently for physical or mental reasons. When a dissolution, divorce, is final, there will be a shared parenting plan and parental timesharing schedule legally in...

20 Factors the Court Considers in Order Timesharing with a Minor Child

In Florida, when it is determined that biological or legally adoptive parents are fit physically, mentally, and have not been convicted of child abuse or domestic violence, or are incarcerated, the care and nurturing of minor children (children birth through eighteen or longer if a child cannot support themselves) will be granted by a timesharing order. There are 20 factors that the court considers when drawing up the timesharing order. These factors are all contained in Florida’s Statute 61:13. The following paraphrase for each factor will help you understand how a judge will look at each timesharing situation. Show parents...

Do You Need an Attorney to Represent You?

Attorneys cost money, and rightly so. They have spent years getting a legal education and then passing stiff state exams in order to practice law. And, if that isn't enough, attorneys must continually keep mindful of ever changing laws and regulations. Too, there is the expense of an office, a staff, and the myriad of expectations put on an attorney socially as well as professionally. Most people like to keep as much money as they can, so when it comes to legal matters, there is a great temptation to omit the use of an attorney and go it alone. Sometimes this...

Tips to Prepare for Your Day in Court

Going to court is often a scary thought, especially when you really have to go to court. Depending on your personal ability to handle stress can make a difference. There are, however, several tips for even the self-assured person to consider as he or she prepares for their day in court. Probably the most important tip is to make sure you understand what you and your attorney hope to achieve. In other words, what outcomes are you looking for, and what strategy does your attorney plan to take. Just letting your attorney fly alone can be a let-down if you...

Support Without Dissolution Under Florida Statute 61.09

Dissolution of marriage, i.e., divorce, is usually the vehicle that a spouse uses to receive child support and or alimony. However, there are instances when financial support is needed and rightfully deserved, but the needful party does not want a divorce. In such an instance, each state has its statutes defining how family law will be carried out. In Florida, there is a statute, number 61.09, which states, “If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is...

Is Your Case Ripe for a Modification? Here are the Standards You Must Satisfy

As with many situations in life, circumstances change as time goes on. This is true of court-ordered spousal support (alimony), child support, and time-sharing. When either party finds him or herself in a position where they think there is a need for modification, Florida Family Courts have very definite standards in place. Obtaining a modification is not easy, but it can be done. The following guidelines will help you decide if your situation will qualify for a hoped-for modification. However, it is always best to seek the advice and help of an experienced Family Law Attorney when seeking a modification...

What is Income for The Calculation of Child Support and Alimony?

Child support and alimony are two of the most crucial decisions made during a dissolution of marriage (divorce). Child support can also be ordered if parents have never married each other or even lived together. Creating a child is the bottom line for child support. Whatever the circumstance for needing alimony or child support, there are considerations. The calculation of income supporting the awarding of alimony and child support is as follows and is applicable for each party: Salary: How much money per month/year before taxes and deductions does an individual make? A salary is a lump sum amount earned...

Florida Procedures For Custody of a Minor Child by an Extended Family Member

Unfortunately, there are many times when neither parent can care for their minor child. Reasons are numerous and can include death, ill health, mental problems resulting in abuse, drug addiction resulting in abuse and neglect, desertion, and incarnation. Sadly, the numbers of these children being cared for by a family member, most often grandparents, is in the millions. Studies showed in 2018, there were 2,733 000 minor children living with family members other than their parents. Each state has its own set of guidelines and requirements for the legal ordering of custody for minor children, which can be found in...

How Might Virtual Learning & Remote Work Affect Shared Parenting & Child Support?

Due to the COVID pandemic, working from home and virtual learning has now been in effect for many months and, in some areas, is still an everyday occurrence. In fact, some soothsayers are predicting that this change in the way we live is becoming the new norm. In many instances, schools and businesses are finding it financially beneficial to keep doors closed, and students and employees studying and working from home. For some, this change in venue is welcomed, but for many, especially those who depend on parenting plans and child support, there are and will continue to be possible...

Co-parenting Post COVID

In Florida, co-parenting is referred to as parental timesharing. A couple who has natural or adopted minor children (children from birth to age l8 or a child who cannot support themselves for mental or physical reasons) and decides to divorce, separate from a cohabitation relationship, or hasn’t lived together, will be required by Family Law Courts to share the care and nurturing of their children. Florida Family Law is built around the motto “in the best interests of the child.” As research has shown children, develop better with the influence of both parents, and parental timesharing has resulted. A parenting...

Trial Can Be a Legal Roulette

You never know what a judge will rule! This is so true when it comes to the final decision a judge will make concerning a case. Taking a divorce handled in Family Court in Florida, for example, a judge must rule on many issues. While there are guidelines in the Florida Statutes for divorce, it is up to a judge to decide how best to apply the guidelines to each situation. Some of the areas a judge must rule on include: Alimony: there are six types in Florida, each with its own set of qualifications. A judge must decide if alimony...

How Does Successful Mediation Cut Costs and Give You Control of Your Divorce?

The definition of mediation is a process in which a mediator, that is a trained, neutral third person, works with a couple and their attorneys to create a mutually acceptable agreement termed a marital settlement through a process of cooperation and negotiation. Saving money and keeping control are two aspects of a divorce case that most couples would like to take advantage of. Today’s high costs for a good attorney and the uncertainty of how a judge will rule on such issues as alimony, distribution of marital assets and liabilities, and the future care and support of minor children are a...

Does “Presumption” Play a Part in Awarding Alimony in a Short-Term Marriage?

Sometimes the law uses big words to define a legal situation. Such is the case with the word “presumption,” a word not commonly used. The words assume and presume, however, are frequently used and are helpful in understanding the word “presumption.” If you presume or assume something to be true or false, you base your decision on thoughts and ideas not necessarily yet proven to be fact. For example, you might presume it is cold outside, and you need to wear a coat as the furnace is running and yesterday it was cold outside. You may or may not be...

Meaning of Continuity of a Stable, Satisfactory Environment Regarding Timesharing

Parental timesharing for minor children has, in most states, including Florida, replaced the practice of custody for minor children where there is a primary or residential parent and a secondary or nonresidential parent. Over the years of experience and research, it has been proven that children develop to their best potential when they are cared for and nurtured by both parents. Unfortunately, in perhaps the majority of families in the US, both parents are not together whether in marriage or a living arrangement. The practice of primary and secondary custody simply does not allow a child equal access to and...

Can We Settle the Case Without Attending Mediation?

For a direct answer to the question, “Can we settle the case without attending mediation?” the answer is “yes.” Mediation, according to The Free Dictionary by Farlex, is “a settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreements” For example, mediation is used in Family Law for such cases as dissolution of marriage (divorce), child support, parental timesharing, parenting plan, and modification of alimony, child support, and parental timesharing and parenting plan. In fact, in some states such as Florida, mediation is...

If I Have Equal (50/50) Timesharing, Is Child Support Still Calculated?

Over the past few years, in most states, parental timesharing has taken the place of ordering primary and secondary custody for minor children. Minor children are children from birth to l8 years, and any child past that age who is mentally or physically unable to provide for themselves. Having both parents involved in the care and nurturing of their children has been proven to be highly beneficial to a child’s healthy development. And, the best arrangement is when an equal or 50/50 timesharing agreement is reached. But what about child support? Will there still be a need to calculate child support...

What is Income for the Purposes of Child Support (fla. stat 61.13)

Child support in Florida is mandatory, whether the parents have been married and are getting a divorce, have lived together and are separating, or have never lived together longer than to create a child. Family law in Florida is very conscientious regarding the care and nurturing of minor children and stands by the phrase "in the best interest of the child." It goes without saying that it costs money to raise a child from birth to l8 years and beyond if the child has special needs and cannot care or provide for themself independently. In Florida Statute 61:13, which you...

Factors for the Calculation of Child Support

In the state of Florida, the awarding of child support is mandatory whether the parents have been married or even have lived together. When paternity is proven, a child is born during a marriage, ora child legally adopted, the issue of calculating child support will become a part of a dissolution of marriage (divorce), separation of parents, or when a child is born to a couple. Child support can also be given to a third party who is given legal custody of a minor child when the court rules neither party is able to parent effectively. A side note, child...

How Does Alimony Affect Child Support?

Going through a dissolution of marriage (divorce) in Florida when there are minor children, that is children under the age of l8 or who cannot take care of themselves, requires the awarding of child support. To calculate which parent will be the receiver and which parent the giver, and how much monthly payment will be ordered, Florida Family Law has developed a Child Support Guidelines Worksheet. Such factors as income, health insurance costs, mandatory expenses (example special dietary food requirement), and special expenses such as the cost of travel to and from work will be taken into account. You can...

In Florida, Do I Have to Pay Child Support With 50/50/Equal Time Sharing?

Essentially, 50/50 equal time sharing and paying child support have little to do with each other except that both involve a couple being the legal parents, either by birth or adoption, of a minor child. Taking a closer look at both 50/50 equal time sharing and paying child support the following is important to note: Equal time sharing: In Florida, except in special cases involving for example drugs or child abuse or domestic violence conviction, the term “primary custody” is no longer used as parents are considered partner in raising their minor children following a divorce, or if never married, a separation....

All about Guardian Ad Litem

Guardian Ad Litem (GAL) comes from Latin and, is defined by the online Legal Dictionary as “a unique type of guardian in a relationship that has been created by court order only for the duration of legal action. Courts appoint these special representatives for infants, minors, and mentally incompetent persons, all of whom generally need help protecting their rights in court.” Each state has its own guidelines for using GAL. This blog will use Florida as its example and will focus on the Family Law court's use of GAL for issues such as parental timesharing, developing parenting plans, child support,...

When is 50/50 Equal Timesharing Proper and When Is it not Proper?

As each state has its own laws regarding the care and nurturing of minor children following a separation or divorce of their biological or adoptive parents, this blog will focus on the state of Florida. For many years Florida, as in most states, awarded the custody of minor children to one or the other parent. Children lived with the parent having primary custody and the parent given secondary custody would receive visitation rights which may or may not have included overnights with their child. Decision making usually rested with the parent holding primary custody which often left out the other...

How Long Does It Take to Get Child Support?

Unfortunately, there is no time frame allotted for getting child support. While the party desiring child support may feel it is an emergency, the legal system has its specified procedures which must be followed before adjudication for child support will be finalized by a judge. Taking a look at the procedures needed to obtain child support will help to show why there is no set time limit for obtaining a judgment. Too, each state has its own set of guidelines for obtaining child support and these can be found in the State Statutes. So, for this discussion, the state of...

Domestication of a Foreign Order (Child Support, Alimony, etc) in Florida

The title, “Domestication of a Foreign Order”, implies the order needing domestication is from outside the United States. While this is true in some instances, the majority of orders in this category result from moving to another state outside the state where the order was adjudicated. We live in a mobile society. Many people move from place to place every few years or even more often. Jobs move employees, people marry and move with their spouse, or sometimes people just want a change in their environment or a place with better educational opportunities for their children. And, since every state has...

All About the “Talking Parents” Communication Website and How it Compares to Florida’s Family Wizard Site

Even in the best of circumstances surrounding the break-up of a family with minor children, meaningful and polite communication is often difficult to achieve.This is made even more difficult when one of the main reasons the marriage broke down was poor and sometimes volatile communication. While a judge can order reasonable communication it seems there are many instances when reasonable communicating between two parents is just about impossible. There is just too much emotion and often anger involved. So, in many states, “technical” means for the two parties to communicate have been developed. In at least 35 states, for example, there...

Part Three: Ways To Help Children Cope With Life After a Divorce or Parent Separation

Having one’s parents separate whether from within a marriage or a living together arrangement can be, and often is, devastating for children of any age. It is particularly difficult for minor children or those with special needs who depend on parental support and care. In most states, there are guidelines and requirements for post judgment parenting. In Florida, for example, all couples must attend a state approved parenting class before a divorce or child support order can be adjudicated. Furthermore, in Florida, the motto “In the best interest of the child” is applied to decisions made regarding minor children as...

Part Two, Parallel Parenting, What is it, and How Does it Compare to Co-Parenting?

As was pointed out in Part One of this three part discussion on parenting after a divorce or relational break-up, that many states, Florida in particular, are firm advocates of both parents taking equal responsibility in the continued raising and nurturing of their children, biological and/or adopted. The term “In the best interest of the child” is used to emphasize how important it is for both parents to put themselves in their children’s shoes and see how it feels and then provide the correct “fit”. Co-parenting, where both parents share equally in decision making regarding education, medical, religious, and disciplinary concerns...

The Importance of Co-parenting – Part One

The definition of co-parenting as defined in the online Your Dictionary “is a process where two parents work together to raise a child even though they are divorced or separated and no longer live together. An example of co-parenting is when a divorced mother and father share legal and physical custody of a child.” Couples who have never married or even lived together but still share the birth or adoption of a child are also candidates for co-parenting. In fact, in the state of Florida where Family Law statutes use the phrase “In the best interest of the child” as...

When Does Child Support End?

Child support is mandatory in the state of Florida. It doesn’t matter if the parents of a minor child ever married or even lived together. “In the best interest of the child” is the standard for the Florida Statutes regarding the care and nurturing of minor children, and child support is an important part of being able to maintain that standard. Each parent is expected to participate in the life and development of any minor child they brought into this world or legally adopted. It costs money to do the job correctly and the Florida courts work hard to see...