Beverly L. Brennan, P.A.Naples Family Law Attorney | Divorce, Child Custody Collier County2024-03-13T19:04:04Zhttps://www.brennanfamilylaw.com/feed/atom/WordPressOn Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503142024-03-11T19:04:48Z2024-03-13T19:04:04ZStay mindful about what you post
According to Forbes, approximately 4.9 billion people use social media, and these sites may be a normal part of your daily life. Even still, when going through a divorce, think twice before posting anything. Avoid sharing negative comments or venting about your ex-spouse, as this can escalate tensions and affect the outcome of your divorce proceedings.
Protect your privacy settings
Take control of your privacy settings on social media platforms to limit who can see your posts and information. Adjust your settings to ensure that only trusted friends and family members can view your updates.
Avoid posting incriminating content
Refrain from sharing photos or updates that depict questionable behavior, such as excessive partying or reckless spending. Remember that he court could misinterpret seemingly innocent posts.
Consider the impact on your children
If you have children, consider the potential impact of your social media activity on them. Refrain from posting anything that could be upsetting or embarrassing to your children and avoid using social media as a platform to discuss sensitive family matters.
Seek offline support
Instead of turning to social media for support during your divorce, consider seeking help from trusted friends, family members or professional counselors. Engaging in face-to-face conversations can provide you with the emotional support you need without the risk of inadvertently sharing sensitive information online.
While social media can be a valuable tool for staying connected, exercise caution when using it during a divorce. If you find that using social media carefully during your divorce is too difficult, consider taking a break from these sites for a while.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503132024-03-08T22:13:57Z2024-03-08T22:13:57ZLength of marriage
In general, the longer the marriage, the more likely it is that the court will award alimony regardless of income level. This is because longer marriages often result in one spouse becoming financially dependent on the other or contributing more to the financial benefit of each other.
Standard of living
The standard of living during the marriage is a big factor in high asset divorce situations. Since there may not be a monetary need, the court will consider if the couple had a high standard of living. If one spouse would struggle to maintain that standard after the divorce, the court may award alimony to ensure that they can maintain it.
Earning capacity
If one spouse has a significantly higher earning capacity than the other, this could be an indicator that the lower-earning spouse should get a support award. The idea is to ensure there is fairness after the marriage ends, even if both spouses have decent earnings and assets.
Contributions during the marriage
The court will look at both financial contributions and non-financial contributions of each spouse. For example, homemaking and child-rearing can have equal value to working outside the home and earning an income.
Spousal support in a high asset divorce is a complex issue. Individuals can protect their rights and ensure they receive a fair outcome by understanding the reason a court may make this financial award.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503122024-02-26T19:14:26Z2024-02-28T19:14:19ZIncome and child custody
One of the primary factors affecting child support payments is the income of both parents. The parent with a higher income is usually required to pay a larger share of child support to ensure that the child's standard of living stays intact. The Florida Department of Revenue says that other factors, such as the child's healthcare needs, can also affect the amount of child support.
The custody arrangement is another factor that affects child support payments. In cases where one parent has primary custody of the child, the non-custodial parent may have to pay child support to help cover the child's living expenses. The amount of child support may vary depending on the custody arrangement, such as joint custody or sole custody.
Disclosing information
It is very important for parents to provide accurate information about their income and expenses when calculating child support payments to ensure that courts award a fair and reasonable amount. Failure to disclose relevant information or comply with child support orders can lead to legal consequences and financial penalties.
By understanding how courts calculate child support, parents can navigate the process and make sure that their children receive the financial support they need.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503102024-02-10T16:19:57Z2024-02-13T16:18:39ZAge and developmental needs
Younger children, particularly infants and toddlers, may require more stability and routine. They might benefit from very strict schedules.
Meanwhile, older children may have social circles and activities. They might have the ability to come and go as they please and could need more scheduling flexibility, depending on where their parents live and where their school is.
Special needs and individual attention
Many families have children who have special needs or who require individualized attention. One parent may possess the necessary skills or resources, at least in the short term, to address the specific needs of a child.
Safety concerns
In situations where there are concerns about the safety and welfare of the children, separating them may be important to ensure their protection. This could involve instances of domestic violence, substance abuse or neglect. Placing the children in separate living arrangements can mitigate the risk of harm and provide them with a safer environment to grow and thrive.
High-conflict dynamics
Exposure to parental conflict can hurt children's mental and emotional health. By placing them in separate environments, they may experience reduced stress and have the opportunity to thrive in a more peaceful setting.
In Florida divorces, the decision to separate children during custody arrangements should prioritize their best interests. By carefully assessing each situation and tailoring custody arrangements accordingly, parents can create a supportive and nurturing environment where their children can flourish.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503092024-02-06T18:37:16Z2024-02-07T18:37:05ZDocumentation of involvement
Unmarried fathers should document their involvement in the child's life. Courts consider factors such as the father's level of commitment, financial support and emotional presence.
Proof of a stable environment
In Naples, about 9.3% of the population is under 18 years old. Courts prioritize the best interests of the child when determining custody arrangements. Unmarried fathers must demonstrate that their homes provide a stable and nurturing environment. Factors such as a consistent daily routine, a suitable living space and a commitment to the child's well-being can establish a compelling case for joint custody.
Communication and cooperation with the co-parent
Effective communication and cooperation with the child's other parent play a major role in custody proceedings. Unmarried fathers should strive to maintain a respectful and open line of communication with the co-parent. Showing a willingness to collaborate in the child's upbringing can positively influence the court's perception.
Excessive discord between unmarried parents can hurt a child's well-being. Courts may view a contentious relationship as evidence of an unstable environment. Unmarried fathers must strive to minimize conflicts and focus on fostering a healthy co-parenting relationship to enhance their chances of obtaining joint custody.
Being well-prepared is important for unmarried fathers seeking to assert their parental rights in custody proceedings.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503082024-01-29T20:22:03Z2024-01-30T20:21:55ZAn unmarried man may be able to confirm or disestablish paternity
The Shared Parental Responsibility After the Establishment of Paternity statute lays the basis for a father’s legal rights. Typically, an unmarried man can establish paternity through one of two options without getting a paternity test. Firstly, if he marries the child's mother, he establishes paternity. Secondly, both parents can sign the Voluntary Acknowledgment of Paternity form, which is a shared commitment with legal weight.
From that point, the man can fight for rights for custody and timesharing if the couple split. Likewise, a man might also become responsible for child support. However, if a man cannot confirm paternity through the preceding methods, he may have to get a DNA test.
At the same time, a father can contest paternity in rare instances. If he proves he is not the biological father of the child, he may relinquish his authority over and duties to a child.
An unmarried father can request legal custody and time-sharing
Unmarried fathers in Florida can pursue legal custody and time-sharing of children by submitting a parenting plan to the Family Court. This plan outlines responsibilities and visitation schedules, as well as decisions on education, healthcare and daily tasks. The document can also outline guidelines for how to proceed in case one parent has to relocate.
The court decides whether to approve a plan by considering the child's well-being and the parents' health and routines. A court will often try to accommodate the parents when they collaborate on a plan. A father does well to maintain respectful and open communication with the child’s mother to improve the odds of designing a favorable plan that the court will accept.
Fathers play an important role for their children. A man can ensure his place in his children’s lives by understanding his options for establishing paternity and gaining custody.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503052024-01-16T19:17:06Z2024-01-22T19:16:55ZDisruption of stability for the child
About 19.3% of Florida’s residents are children, a significant percentage. Child development experts emphasize the importance of stability and routine for a child's well-being. Relocation can disrupt the child's established routines, including school, extracurricular activities and relationships with friends. The sudden upheaval may result in emotional distress for the child, potentially influencing the court's decision on custody arrangements.
Communication challenges
While technology often makes communication more accessible, long-distance parenting comes with its own set of challenges. Even with video calls and messaging apps, maintaining a strong parent-child bond can be difficult when physical presence is minimal. The court must weigh the effectiveness of long-distance communication and the child's emotional and psychological needs.
Legal standards for relocation
Florida family law provides guidelines for parental relocation, requiring the relocating parent to obtain court approval if the move is a significant distance away. The court considers factors such as the child's age, the reason for the move and the impact on the existing custody arrangement, if there is one.
Common reasons for relocation include more family support, safety considerations, health considerations and parental jobs that may give the child access to more opportunities.
Overall, the implications of relocation can be tremendous. Parents often disagree with each other on the necessity of such moves.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503072024-01-17T19:12:54Z2024-01-17T19:12:54ZUnderstanding equitable distribution
Florida follows the principle of equitable distribution when it comes to dividing marital property, which includes retirement accounts. Equitable distribution does not necessarily mean a 50/50 split. Instead, it strives for a fair and just distribution based on various factors.
Marital or non-marital funds
The first consideration in dividing retirement accounts is whether the funds are marital or non-marital property. Any contributions made to the account during the marriage are typically marital property and subject to division. Pre-marital contributions and assets acquired before the marriage may be non-marital.
Types of retirement accounts
Different types of retirement accounts exist, such as 401(k)s, IRAs and pensions. The method of division depends on the specific account and its rules. For example, a Qualified Domestic Relations Order may be necessary for the division of a 401(k).
Assessing contributions and growth
When it comes to dividing retirement accounts, the court considers both contributions and the growth of the funds during the marriage. This ensures a fair distribution that takes into account the efforts and financial contributions made by each spouse during the marriage.
With a divorce rate of 3.4 divorces per 1,000 population in 2021, Florida sees its fair share of divorces. While you worked hard to build a retirement fund, it may still be part of the equitable distribution settlement.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503062024-01-16T19:18:26Z2024-01-16T19:18:26ZCooperate with CPS
Carefully follow any instructions you receive from CPS. Provide requested information and take required actions right away to avoid missing deadlines in your case. Cooperating with CPS shows your commitment to addressing the agency's concerns and supporting your child's best interests.
Attend court hearings
Make sure you attend all court hearings scheduled for your case. These hearings will determine the future of your child's custody. If you do not show up in court, you miss your chance to demonstrate your commitment to resolving the necessary issues.
Address CPS concerns
Take proactive steps to address the concerns raised by CPS. Whether you need to attend parenting classes, seek counseling, get help for substance use or change your living situation, showing an effort to address concerns can positively influence your case.
Follow court orders
Adhere to any court orders issued by the judge. Requirements may include drug testing, counseling or supervised visitation. Meeting the court's standards as your case progresses can work in your favor.
Participate in available services
Actively take part in resources or programs offered by CPS. You may have access to parenting classes, substance abuse treatment or therapy sessions. Engaging in these services shows a willingness to improve parenting skills and address issues.
Maintain contact with your caseworker
Stay in regular contact with your CPS caseworker. Be responsive to calls, attend scheduled meetings and provide updates on your progress. Regular communication helps build trust and keeps you actively involved in the case.
Demonstrate stability
Work towards creating stability and support for your child. This includes safe housing, consistent employment and a nurturing environment that helps them thrive.
Florida had 23,507 children in the state foster care system in 2021 alone. If you find yourself in this situation, taking these steps can improve your chances of a positive outcome.]]>On Behalf of Beverly L. Brennan, P.A.https://www.brennanfamilylaw.com/?p=503032024-01-10T15:43:57Z2024-01-10T15:43:57ZReporting to credit bureaus
Credit bureaus are responsible for collecting and maintaining information about an individual's credit history. They gather data from various sources, including lenders, utility companies and public records. According to the Florida Department of Revenue, the state reports back child support to these bureaus when parents who owe over $400 in back support (or two months’ worth of arrears) fail to address their obligations.
When it comes to credit reporting, back child support can have a significant impact on one’s credit score and overall creditworthiness. This can make it harder to obtain credit in the future.
Staying current on child support
To avoid credit reporting for back child support, the most crucial step is to make child support payments consistently and on time. Parents struggling to pay support could benefit from looking into the possibility of modifying their child support order. Communicating with the custodial parent and establishing a clear payment plan can also help.
Paying child support is not only a legal and moral obligation but also has implications in terms of credit. By fulfilling child support responsibilities, parents support their child's well-being and also protect their creditworthiness. Staying informed and making timely payments is key to maintaining a healthy financial profile and a positive relationship with one’s child.]]>