Category: Divorce and Family Law

Is Florida a No Fault Divorce State

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Posted by Law Firm Admin on May 5, 2018

Is Florida a no fault divorce state? It is a daily occurrence in many family law attorney offices across Central Florida. A client walks in for a consultation, woman or man (gender is irrelevant), and starts the dialogue with a harsh and ostensibly disappointing accusation, “My spouse has been cheating on me.” This is followed by a demand for a divorce from the partner engaging in what the client spouse claims is illicit and inappropriate or immoral behavior. It is common that clients are unaware that Florida is a no fault divorce state. Informing clients that have been emotionally hurt of this fact is difficult, but necessary. No fault divorce in Florida means that obtaining a divorce may be less complicated because a party’s fault does not need to be proven. This is provided there are no minor children to the relationship, and the party at fault has not exposed the kids to behaviors that are detrimental to their best interests. Divorces can potentially have layer upon layer of complex issues, and rarely if ever are two divorces alike.

Readers really want to know is Florida a no fault divorce state? If it is, how does or will no fault divorce in Florida impact their dissolution of marriage case? No fault means that one or both parties need only tell the court their marriage is “irretrievably broken,” which is similar to what other jurisdictions phrase as irreconcilable differences. Irretrievably broken is the standard. One does not need to prove adultery. A spouse might strongly dislike the other spouse’s neck ties, dresses, shoes, breath, eyebrows, personality, television habits, over-cleanliness or lack of cleanliness. The list of potential reasons is endless. The point is that this is a low standard that can only be rebutted upon a rare showing (rarely granted by the court) that marriage counseling for 90 days would somehow take away the problems in a deeply troubled marriage.

No Fault Divorce in Florida

Florida is a no fault divorce state for many reasons; one primary culturally relativistic reason is that our population is one of the most diverse in the entire nation, and value systems are often different. Another reason there is no fault divorce in Florida is a reduction in compelling the parties to bring their private lives into the public purview. By not forcing litigants to divulge their dirty laundry, the State of Florida allows family law litigants a measure of privacy and personal relief. It is not the job of the Florida family law court to assign blame as pertains to dissolution of marriage. If the reasons for the divorce (gambling, bankruptcy, child abuse, substance abuse, domestic abuse) are more serious than simply falling out of love and seeking greener pastures, and if there are minor children born to the marriage, then the parties are welcome to present testimony about parental fitness. If the parties have no minor children, or if there already is a parenting plan in place, the fact that Florida is a no fault divorce state may preclude any significant probing into the personal lives of the parties.

Jonathan Jacobs is a Divorce Attorney In Clermont Florida, a Divorce Attorney in Orlando Florida, and helps his clients in the surrounding counties. Call the Jacobs Law Firm today for a consultation and an answer to your question, is Florida a no fault divorce state, in order to be informed about your family law case. (407) 310-5636, or e-mail us to schedule an appointment. Admin@JJLawFL.com

Motion to Deviate From Child Support Guidelines in Florida

Posted by Law Firm Admin on May 3, 2018

Did you know that according to Florida Statute 61.30(11)(a), upon motion from your counsel or a pro se litigant, the court may agree to increase or lower the amount of child support owed by one or both parties? This is known as a Motion to Deviate from Child Support Guidelines in Florida. Similar to other aspects of Florida family law, the family circuit court will base its decision to deviate (change the amount) upon arguments from counsel and/or the litigants by relying on the statutory factors. In an effort to make these factors the court considers more understandable, we will paraphrase them and provide examples where appropriate. This is not an exhaustive list, and there are many other scenarios where a motion to deviate from child support guidelines in Florida may be appropriate for you. This article is only part one in the series, and specifically covers Florida Statute 61.30(11)(a)(1). Call 407-335-8113 today to speak with an experienced child support attorney.

Motion to Deviate From Child Support Guidelines in Florida

The first reason the court may decide adjust the child support amount owed, specifically by increasing the minimum amount owed, is when there are “extraordinary” medical, dental, educational, or psychological expenses. For example, if the minor child requires corrective jaw surgery, orthodontic braces (Invisalign, braces, etc.), or needs significant tooth intervention because of gum decay or cavities, the court will likely see this as a necessary ongoing expense and order the support amount increased upon a showing of medical estimates or bills and orthodontic evaluations.

Medical and Dental

If the minor child has a serious medical condition such as a heart condition, asthma, bone disorders, or some other rare disease, medical expenses may increase causing the court to order the child support to be increased. Who would want to file this particular motion to deviate from child support guidelines in Florida by asking for the support amount to be increased? The parent that pays for health and/or dental insurance and will be responsible for paying the health care provider(s) for the additional costs associated with medical or dental, or psychological care will ask the court for this baseline increase. Child support in Florida is based on shared responsibility, which is why the court generally requires the Child Support Guidelines Worksheet itself to include medical and dental insurance and uncovered medical and dental costs.

As pertains to education, arguments are frequently heard by the court regarding the alleged necessity of private or charter schools, and regarding the alleged necessity of private tutoring for the minor child. For instance, is the public school in your child’s district rated an F? Is there a nearby charter or private school available at a reasonable cost? Is attendance at that school affordable for the parties and in the best interests of the minor child? Again, this is a question of fact.

When psychological issues are involved, those can range from (and are NOT limited to) depression (sometimes resulting from the parents’ own behavior and arguing), anti-social behavior, etc. Whether the support amount should be increased under the aforementioned circumstances is a question of fact presented by the parties and/or their family law attorneys, and factors applied by the court. Thank you for reading part 1 of this ongoing series, Motion to Deviate From Child Support Guidelines in Florida.

For more information please continue reading.

Jonathan Jacobs is a Divorce Attorney In Clermont Florida, a Divorce Attorney in Orlando Florida, and helps his clients in the surrounding counties. Call the Jacobs Law Firm today for a consultation in your family law case. (407) 335-8113, or e-mail us to schedule an appointment to speak about child support. Admin@JJLawFL.com

Is Daycare Included in Child Support in Florida

Posted by Law Firm Admin on April 28, 2018

Often, during negotiations over the terms of a marital settlement agreement or a paternity agreement (child support and a parenting plan), one parent will ask that day care expenses be kept separate from the Child Support Guidelines Worksheet. This is generally not the optimal approach. To best answer the question, “is daycare included in child support in Florida,” it is important to note that in a majority of family law cases, the court requires that day care expenses be included in Child Support Guidelines Worksheets. Ensuring the child has a safe and nurturing environment while the parents are working is in the child’s best interest. This brings us to the Florida day care child support obligation and how it impacts child support both in the short term and once elementary school starts. Call 407-335-8113 to speak with a child custody and child support attorney.

Florida Child Support Statute

The parties must exchange Child Support Guidelines Worksheets to ensure the child support calculations are accurate and truly represent the information provided on the Financial Affidavits, pay stubs, tax returns, etc. Statutorily, as stated concisely in Florida Statute 61.30(7), child care costs such as daycare incurred as a direct result of one or both parties working (career necessities), looking for work, or obtaining an education with the intend of becoming employed or earning a promotion, MUST be added to the Worksheets. The Florida Daycare Child Support Obligation is that both parties must contribute according to their financial ability to do so. To better answer our question, is daycare included in child support in Florida, yes in most cases it is barring some reasonable explanation that allows for an exception to be made. This is when a Motion to Deviate from Child Support Guidelines may be appropriate.

Florida Daycare Child Support Obligation

The one caveat the Statute offers regarding the Florida Daycare Child Support Obligation is that “Child care costs may not exceed the level required to provide quality care from a licensed source.” Is daycare included in child support in Florida? In a sense, the Statute encourages parents to find a reputable and licensed child care/daycare provider to look after their children. Mostly, the Florida Legislature and the courts are seeking to compel the parents to find a reasonably-priced day care that does not overburden their finances, nor cause significant disagreements about the provider’s quality.

Is Daycare Included In Child Support In Florida? A Short Hypothetical About the Florida Daycare Child Support Obligation

Hypothetically speaking, if there are two day care facilities and one costs $170 per month for an infant, the other costs $230 a month, both parties should consider finding a middle ground. Find a day care that is relatively nearby, which costs $200 a month and has the option of a camera to observe your child(ren) while they are being cared for.

“Is daycare included in child support in Florida?” Judges prefer when the parties do their best to compromise. Break ups are often full of bitterness and they often cause distrust. Just because the parties are no longer “together,” does not make them bad parents or incapable of making rational adult decisions in the best interest of their children. Think carefully about whether your actions represent the best interest of your children, or are a reaction to the breakdown of your relationship. Daycare is vital to the health and security of children when parents work full time and there are no other family members available to help with child care.

For more information please continue reading.

Jonathan Jacobs is a Divorce Attorney In Clermont Florida, a Divorce Attorney in Orlando Florida, and helps his clients in the surrounding counties. Call the Jacobs Law Firm today for a consultation in your family law case regarding the Florida Daycare Child Support Obligation at (407) 335-8113, or e-mail us to schedule an appointment.

Florida Family Law Notice of Related Cases

Posted by Law Firm Admin on April 27, 2018

What is a Florida family law notice of related cases and why do Florida family law circuit courts generally require divorce and family law litigants to file this document with the court? According to Florida Rule of Judicial Administration 2.545(d), and Florida Family Law Rule 12.900(h), a notice of related cases Florida must contain the case captioning, the case number(s) of any related case(s) and should indicate to the court whether you are seeking to consolidate all outstanding issues under the family law court umbrella. Similar to the litigants’ obligation to inform the court of any changes in financial circumstances (by filing an amended Financial Affidavit), if related cases are filed during the pendency of the divorce/marital dissolution or paternity action, then the parties must bring them to the court’s attention by filing a notice of related cases . Do not forget to let the court know of any cases that impact your dissolution of marriage, and/or child custody case. Domestic violence matters should be brought to the court’s attention. Call 407-335-8113 for a consultation today from a divorce attorney in Orlando and an uncontested divorce attorney in Lake County FL.

Florida Family Law Notice of Related Cases | What is a Notice of Related Cases Florida?

What is a related case in Florida family law court? Commonly, litigants will file a notice of related cases Florida when there is an eviction, unlawful detainer, domestic violence, and/or criminal assault, battery, or stalking case/situation that arises. These types of cases could significantly impact the litigants’ timesharing and child support amounts, particularly if the case proceeds to trial. Withholding information from the court can lead to a result that could be challenged, and/or your veracity and forthrightness with the court could be challenged. If there are no related cases, you may wish to submit the Florida family law notice of related cases form and state that there are no related cases for purposes of making the record.

The rules of procedure provide that a case is related if it “involves the same parties, children, or issues and is pending when the family law case is filed; or it affects the court’s jurisdiction to proceed; or an order in the related case may conflict with an order on the same issues in the new case; or an order in the new case may conflict with an order in the earlier case.” If you need clarification, call a Florida family law attorney for more information, or consult with the local Clerk of Court in your county to receive the clarity you need to proceed forward with confidence.

For more information please continue reading.

Jonathan Jacobs is a Divorce Attorney In Clermont Florida, a Divorce Attorney in Orlando Florida, and helps his clients in the surrounding counties. Call the Jacobs Law Firm today for a consultation in your family law case. (407) 335-8113, or e-mail us to schedule an appointment, Admin@JJLawFL.com.

Florida Family Law Notice of Limited Appearance

Posted by Law Firm Admin on April 21, 2018

Often, the parties in a Florida family law case do not have the financial resources to hire an attorney to litigate their entire divorce or paternity case. Financially-constrained litigants may in the alternative choose to hire an attorney on a limited/temporary basis. Clients can do this by agreeing to sign a Florida Family Law Notice of Limited Appearance. This means that if a litigant wants to hire an attorney for just one proceeding such as a hearing on a motion for contempt, motion for clarification, family law mediation, or for a family law trial, a litigant could save on legal fees and costs. Hiring an affordable divorce attorney on a limited basis may not be ideal, but it is one way to protect your financial interests. Call now for a consultation with a divorce attorney, 407-335-8113

Florida Family Law Rule 12.040

In order to appear on your behalf on a limited appearance basis, a Florida family law attorney such as myself will file a Florida Family Law Notice of Limited Appearance. According to Florida Family Law Rule 12.040, Attorneys may represent a client on a limited basis if they obtain the client’s informed consent and in some cases, the client’s signature. Florida Family Law Rule 12.040(a) specifically provides that: “An attorney of record for a party, in a family law matter governed by these rules, shall be the attorney of record throughout the same family law matter, unless at the time of appearance the attorney files a notice, signed by the party, specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears.”

Consider your budget, the benefit that a skilled Florida family law attorney may add to the outcome of your case, and if you want to hire us on a limited basis, we will consider filing a Florida Family Law Notice of Limited Appearance to appear on your behalf at certain hearings, mediations, or trial, as opposed to being your legal counsel for the entire case.

Florida Family Law Notice of Limited Appearance

Sometimes organizations such as Legal Aid or lower-cost law firms are unable to assist an indigent client. At times such as those, what some clients do not know, is that they may hire (if the attorney or law firm is willing) an attorney for limited appearances/representation. This is one way that some law firms, such as ours, make family law legal representation affordable. The limitation is just that however, limited representation helps, but does not necessarily resolve all legal issues because the attorney hired for a per-event basis may not have all the background facts and the client may not have properly drafted his/her pleadings. Nevertheless, some attorney help is surely better than none, and affordability is critical for a great number of would-be-clients. An uncontested divorce is one process that may save clients money.

Do you need a divorce and family lawyer for just one hearing or one part of your case? Florida Family Law Rule 12.040 is designed for one-time appearances. Rule 12.040 allows family Attorneys to represent a client on a limited basis if they obtain the client’s informed consent and signature. This Rule is intended to help family law litigants.

The primary reason people represent themselves in a divorce case is affordability. Money, bottom line. Hiring a family attorney represents a challenge for many people to afford. We are here to work with you to make representation a reality.

The four most common situations wherein the Jacobs Law Firm represents clients by a Notice of Limited Appearance are:

Family law trials are immensely important. If your case has gotten all the way to trial and you need representation, we will litigate on your behalf with a great deal of preparation.
Mediation is scheduled and you want representation at the negotiating table to affirm and represent your financial and parental rights.
A motion for enforcement and contempt needs to be filed and brought before the court. The other side has failed to abide by your parenting plan and/or marital settlement agreement.
A temporary timesharing hearing is generally held after mediation has occurred. It may be timely to file beforehand to be sure your matter will be timely heard.

Jonathan Jacobs is a same sex divorce lawyer in Orlando Florida, and a relocation attorney Orlando that works tirelessly for his clients to ensure a positive outcome to their family law litigation. Call now for your consultation, 407-335-8113.

Affidavit of Corroborating Witness in Florida

Posted by Law Firm Admin on April 16, 2018

To obtain a dissolution of marriage/divorce in Florida, either spouse (husband or wife) must have resided in the State of Florida for a minimum of six months prior to filing a petition for divorce. There are many ways that a family law litigant can prove to the Florida Court that he or she is a Florida resident. One way is by asking a witness to notarize an Affidavit of Corroborating Witness in Florida on your behalf. The best method is by simply filing a copy of your Florida Driver License that shows a residency of at least six months in Florida. Alternatively, a family law litigant may provide a Florida identification card, a Voter Registration card, or otherwise. If none of those documents can be furnished, there is still the above-mentioned alternative to proving one’s residency in the State of Florida, pursuant to the requirements of the Florida family law circuit court. Call 407-335-8113 today to speak with an experienced family lawyer today.

The alternative is for the litigant to bring in a witness to testify to the litigant’s residency for minimum of six months, or the witness may simply furnish an affidavit to the court stating the same. The witness may not be either of the litigants themselves because that would hardly offer new information or solve the evidentiary problem. The person that signs the Affidavit of Corroborating Witness in Florida
must also have been a Florida resident for a minimum of six months prior to the petition for divorce having been submitted to the court. This is really quite a basic and logical requirement. Under oath, the affiant must swear, “I know of my own personal knowledge that this person has resided in the State of Florida for at least 6 months immediately prior to the date of filing of the petition.”

If you need clarification, call an Orlando Divorce Attorney, or a Florida family law attorney for more information, or consult with the local Clerk of Court in your county to receive the clarity you need to proceed forward with confidence. Dial 407-335-8113 to speak with a paternity and divorce attorney.

Writ of Bodily Attachment Child Support Florida

Posted by Law Firm Admin on April 12, 2018

A Writ of Bodily Attachment Child Support Florida is established when the payor (person ordered to pay the payee/recipient) of child support has been delinquent, received a fair warning of that delinquency (essentially a failure to pay child support, whether willful or due to financial hardship and/or inability), and has failed to pay that amount owed/requested. The Writ commands the Sheriff of any county to arrest the payor for his or her failure to pay child support. First, either the Florida Department of Revenue (DOR) will commence an action, or the party to whom child support is owed will first file a Motion for Contempt, stating that the payor has failed to pay and is accruing arrears in defiance of a court order commanding him or her to pay child support payments. Jacobs Law Firm is a Florida child support attorney. Call us today for help at 407-335-8113. Please do not e-mail us as these types of cases require a consultation. We will not answer e-mail messages.

Pursuant to Florida Statute 38.22, and Florida Family Law Rule of Procedure 12.615, a Florida Family Law Court (the Circuit Court of any County) may find a person in civil contempt for failure to pay child support. Civil contempt is not the same as criminal contempt, but the consequences are severe.

The “Writ of Bodily Attachment Child Support Florida” may be served by a Sheriff in any Florida county, even if in a county where the Writ did not originate. This is not simply a matter of the delinquent payor absconding to another county to avoid paying child support debt. Once the debt is owed, it must be paid and satisfied to avoid very real consequences.

Florida Child Support Attorney

The reason you may need a Florida Child Support Attorney to represent you is because a Bowen Hearing (eponymously named after Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985)) is held within 48 hours. The purpose of a Bowen Hearing is for the Circuit Court to determine the payor’s present ability to pay the amount of child support owed. The “Writ of Bodily Attachment Child Support Florida” creates a “purge” amount owed. This means that the amount owed must be satisfied or else the payor will likely not be released from jail. If the payor is determined by the evidence to have the ability to pay, he or she must do so or remain incarcerated until such a time as they decide to pay their child support debt.

A Florida Child Support Attorney may file a Motion to Set Aside Writ of Bodily Attachment for you, which will illustrate to the Circuit Court your inability to pay and ask for your release from jail. Call us immediately if you need help. Attorney Jacobs is an Orlando child support attorney practicing child custody and relocation with minor children cases.

Divorce Consultation Orlando

Posted by Law Firm Admin on April 4, 2018

Often new or potential clients ask us what our divorce consultation Orlando is/consists of. Call 407-335-8113 to speak with our compassionate and understanding divorce attorney today. Our goal at is to provide both ourselves (as your would-be attorney), and you (our potential client) with a Florida divorce consultation that gives an overview of the legal issues in your divorce or family law case. The divorce consultation Orlando can help you decide how best to proceed in your case, and us whether to offer you legal help, in at least the following seven ways:

The more our clients are able to tell us about their case history, the more we can diagnose the potential issues involved in the case.
If the potential client’s case is already underway, the Florida divorce consultation will allow us to understand the trajectory of the case and discern whether we can help, and if so, how we can best help our potential client and minimize costs if possible.
Hearing directly from you about your divorce/family law case will allow for us to brainstorm a strategy for how best to pursue your case. It is important to hire a family law divorce attorney that knows how to handle your case, especially if it is a unique case with infrequently litigated issues (rare issues that need to be addressed).
Having the opportunity for a one-on-one consultation will allow us to establish a rapport enabling us to work well together to achieve your legal goals.
Clear communication and a level of comfort can be established by having a good first impression.
During our divorce consultation Orlando, we can learn about your expectations concerning alimony, child support, tangible personal and real property distribution, and about your division of other assets.
We can discuss potential timelines to avoid confusion about how long a dissolution of marriage family law case may take when issues are contested.

Florida Family Law Attorney

If you would like to speak with a Florida family law attorney about your child support, child custody, or other family case, and receive a divorce consultation Orlando, please call the Jacobs Law Firm, divorce attorney in Orlando today at 407-335-8113. We will be happy to hear from you.

Child Support Deductions in Florida

Posted by Law Firm Admin on March 31, 2018

Florida Child support, as you may have already figured out by filling out your Financial Affidavit (short form or long form), is largely determined to based on your sources of income. Gross and net income are different. Gross income is the sum total of all of your monthly income from all revenue sources that qualify under Florida and Federal law. Net income is the amount of money you net/make after taxes and other allowable deductions, most or all of which are clearly specified on both the Affidavit and what will be your Child Support Guidelines Worksheet. Let’s delve into allowable child support deductions in Florida including mandatory contributions and alimony. Speaking with a child support attorney now by calling 407-335-8113.

Alimony and Allowable Child Support Deductions in Florida

One of the most significant child support deductions in Florida you may be eligible to subtract from your gross income is the court-ordered child support you pay because of another case (i.e. you have another child or children, and the court has ordered you to make monthly child support payments). Careful, if you make voluntary payments that are not the result of a court-order (many people do this because they love their children and/or because they used to have a private arrangement without court intervention or oversite), those payments generally do not qualify as one of the child support deductions in Florida. It is also important to note that if you have been ordered to pay child support as a result of a previous case, and you have not made your payments (resulting in arrearages or past due payments that must be made), those would-be payments may not qualify as a child support deduction in your present case. You only receive “credit” if you pay. Court-orders are not to be taken lightly. There are real consequences for failures of payment. This same principle applies to alimony.

Mandatory Union and Retirement Deductions

Recently, a client asked us if their 401K and IRA contributions qualify as standard child support deductions in Florida. Although every case is different, generally speaking, unless the retirement payments are MANDATORY (some corporate jobs and public-sector jobs require contributions toward/for retirement), they are considered voluntary and thus do not qualify as child support deductions in Florida. The same applies to union dues. If they are not MANDATORY (subtracted from your paycheck as a condition of your employment), in the eyes of the court, any payments you make to the union are voluntary and do not qualify as a deduction.

The gist of this article is that your family law attorney advises a careful reading of your Financial Affidavit. If and when necessary, call the Jacobs Law Firm at 407-335-8113, divorce attorney in Orlando, and divorce attorney in Clermont Florida for a consultation.

Duty to Update Financial Affidavit in Florida

Posted by Law Firm Admin on March 28, 2018

Pursuant to Florida Family Law Rule 12.285 (regulating Mandatory Disclosures in a divorce), both the petitioner and the respondent in a family law case (divorce, paternity, or otherwise) have a duty to supplement their financial disclosures. This duty may include updating your financial affidavit in Florida. The specific language of Rule 12.285(e)(1), “Duty to Supplement Disclosure; Amended Financial Affidavit,” provides that the: “Parties have a continuing duty to supplement documents described in this rule, including financial affidavits, whenever a material change in their financial status occurs.” There is often some debate over what a “material change in financial status” means. The Florida Legislature and the Family Law Courts do not to pinpoint a specific number because circumstances are different, litigants are different, incomes and careers vary, and judges rule slightly different depending on the evidence propounded and the circumstances of each case. Call Jacobs Law Firm at 407-335-8113.

Financial Affidavit in Florida

It makes perfect sense that litigants in a family law case have a continuing duty to disclose fluctuations in their income. Often a party will lose his/her job during the proceedings, or one party may find better and higher paying employment. This happens frequently, and the proper way to account for these changes is by amending one’s financial affidavit to reflect their new financial projections/calculations/data/fiscal reality (phrase it however you like). For instance, if you are a family law litigant and you earn a promotion that comes with a pay raise amounting to thousands of dollars, your income has likely materially changed. You have a legal duty to inform the court of your change in circumstances.

Another reason there is a duty to update financial affidavit in Florida is the failure to do so could cost you money. If your income has gone down during the divorce proceeding, and you fail to inform the court, you may be forced to pay more in alimony or child support than you can afford. Alternatively, if your income has gone up materially, and you fail to notify the court, the other party may take you back to court soon after you have reached a marital settlement or a mediated settlement agreement. This could involve a supplemental petition that will compel additional court appearances and may require the help of a family law attorney. Choose carefully when you decide whether to keep the court apprised because the rules clearly state that you have a duty to update financial affidavit in Florida.

Attorney Jonathan Jacobs practices relocation with a minor child cases and same sex divorce cases in Florida. For help with your financial affidavit call us today for a consultation 407-335-8113.