Category: Florida Law Blog

Standard Family Law Interrogatories Florida

What Are Standard Family Law Interrogatories Florida?

Do you need information that your spouse is not providing you despite the mandatory rules of the court? Are they not complying with mandatory disclosure? Do you need truthful answers and all they give you is limited information? Have no fear, for the Standard Family Law Interrogatories Florida are here. What are Standard Family Law Interrogatories Florida? Standard Family Law Interrogatories for Original or Enforcement Proceedings are questions that you may ask about your partner or spouse’s finances and behavior. The family law courts empower litigants by giving them the opportunity to pose relevant questions to the other side. Call now to speak with a divorce attorney at (407) 335-8113.

What are Standard Family Law Interrogatories Florida used for in paternity or divorce litigation? These interrogatories are used to help you obtain the information needed in order to determine alimony, child support, and the best way to enact the equitable distribution of marital property. The sorts of questions that you will see on the Standard Family Law Interrogatories for Original or Enforcement Proceedings are about the other party’s addresses, education, finances, earning capacity, licensing, insurance, careers, and more. You may also utilize this opportunity to request the production of a Long Form Financial Affidavit.

Standard Family Law Interrogatories For Original Or Enforcement Proceedings

Curiously, one potentially critical piece of information that Standard Family Law Interrogatories Florida ask for is the location and content of any safety deposit boxes the other side may possess/rent. For example, if you have a family ring or an engagement ring or some financial document that is worth a large sum and the other party possesses it, if they answer the interrogatories honestly, they must disclose the location of the ring and it will likely be made a part of equitable distribution. The Standard Family Law Interrogatories for Original or Enforcement Proceedings also inquire whether the other party has canceled any insurance policies that may have benefited you or your kids.

Standard Family Law Interrogatories For Original Or Enforcement Proceedings

When sending the standard interrogatories, you may exercise the option of asking ten additional interrogatory questions. You may utilize this opportunity to ask questions about the other side’s criminal records, financial records not otherwise accounted for in the standard interrogatories, or any other subject/topic that may be relevant to your case. The more information you are able to gather about the issues being litigated, the more information your attorney will have to enable him/her to bring the case to trial with a broad perspective and sufficient evidence to prove the merits of what you are requesting from the court.

Attorney Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont that practices same sex divorce and small claims civil litigation up to $15,000.00 in controversy. Call us when you need us the most. Call the Jacobs Law Firm when you need us the most at (407) 335-8113.

Exclusive Use And Possession Of The Marital Home

Exclusive Use And Possession Of The Marital Home

Are you getting a divorce and the most significant issue in the case is the exclusive use and possession of the marital home? This is a major issue for spouses and parents that have always lived in the marital home with their children, and a massive issue when the primary timesharing parent lives in the marital residence and cannot afford to move to another place. If you need help fighting for or defending against a claim for exclusive use and possession of the marital home call the Jacobs Law Firm, divorce attorney Clermont Florida, divorce attorney Orlando. We can help you file the appropriate motion and resolve your issue.

We begin our analysis of exclusive use and possession of the marital home with the bedrock principle of equitable distribution as provided by Florida Statute 61.075(1), which states: “Distribution of marital assets and liabilities, including the marital residence, begins with the premise of equal distribution unless there is justification for unequal distribution under statutory factors.” Martin v. Martin, 959 So. 2d 803 (Fla. 1st DCA 2007). Of course, there is such a thing as unequal distribution of marital property, but our focus here is the marital home you may have purchased prior to the marriage. This goes to whether the party that wants to stay in the marital residence can afford to pay the bills enabling them to live there during the pendency of the divorce and/or after equitable distribution has occurred.

Minor Children and Exclusive Use And Possession Of The Marital Home

Case law and statutory law suggest that the general manner in which this issue is decided is that a family law trial court “should award the primary residential parent exclusive use and possession of the marital residence until the youngest child reaches majority or is emancipated, or the primary residential parent remarries, unless there are special circumstances; special circumstances exist where the parties’ incomes are inadequate to meet their debts, obligations, and normal living expenses, as well as the expenses of maintaining the marital residence. Coristine v. Coristine, 53 So. 3d 1204 (Fla. 5th DCA 2011).

In basic terms, this means that child custody/timesharing looms even larger as an issue in divorce and family law cases. Also in the Coristine case (which is binding in the Fifth DCA), the higher court ruled the trial court made the right decision when it ordered the sale and partition of marital home, rather than awarding exclusive use and possession of home to wife until youngest of the parties’ three children reached age of majority…[because the] parties did not have financial capability to pay mortgage, taxes, and other costs related to ownership of marital residence.” Id. at 1204. This makes sense from an objective perspective.

Exclusive use and possession of the marital home

If neither party can afford to pay for insurance, property taxes, and the mortgage, why would the court sanction one party staying there to the financial detriment of everyone? The other perspective is also convincing. Why would the court allow parents and children to be judicially compelled to leave their home where they have always lived and where the school district is located? These are complicated family legal issues.

Domestic Violence Exclusive Use and Possession of the Marital Home

There is one additional circumstance that may add texture to the argument over which party will obtain use of the marital home temporarily or permanently. If there has been a domestic violence injunction, the court may order one parent or one spouse to have exclusive use and possession of the marital residence. This issue is often further litigated and contested if an action for dissolution of marriage is concurrently or subsequently filed.

Unlawful Detainer Attorney Osceola County

Unlawful Detainer Attorney Osceola County Unlawful Detainer Attorney Seminole County

Do you have someone living on your property and you want them to leave? Have you asked them to leave and they just won’t budge? Are they living on your property without a lease agreement or rental documents to prove they pay rent or any other expenses to have the permission to live there? If you answered yes to these questions, you may be in need of an unlawful detainer attorney Osceola County or an unlawful detainer attorney Seminole County. Call the Jacobs Law Firm today.

An unlawful detainer attorney Osceola County or an unlawful detainer attorney Seminole County can explain the process to you in clear terms. Did you know there is a different Florida Statutory Chapter that applies to homeowners “evicting” tenants that do not have a rental agreement? This is called unlawful detainer. There are specific things a homeowner/plaintiff needs to allege to have an unwanted “guest” removed from their home. Essentially, Person A is the Landowner of personal representative of an estate. Person A has asked Person B (non-tenant squatter) to leave. Person B has refused to leave. Person B has no rental agreement with Person A and Person B does not pay rent. Person A wants to evict Person B. However, eviction is likely not the proper remedy in this situation. An unlawful detainer lawsuit is likely the best remedy. Consult with an unlawful detainer attorney before filing your lawsuit to make sure this cause of action is proper in your unique case.

Unlawful Detainer Attorney Seminole County

Unlawful Detainer and Personal Representatives of an Estate

Unlawful detainer is not just useful for homeowners, it is also a lawsuit many estates bring with their personal representative against a squatting family member that has no right to possess the property. Dad passes away leaving his oldest son as the Personal Representative of the Estate. Dad has 2 children, but the second child is suffering from addiction and is damaging the property. The Personal Representative has the power to manage the property/house. Son 2 does not pay rent and has no property interest. An unlawful detainer action may be the proper remedy. Call an unlawful detainer attorney Osceola County or an unlawful detainer attorney Seminole County to learn about your rights.

Unlawful Detainer Attorney Osceola County Unlawful Detainer Attorney Seminole County

The Jacobs Law Firm, unlawful detainer attorney Osceola County or an unlawful detainer attorney Seminole County, is experienced in handling unlawful detainer cases in Central Florida. Seminole and Osceola County each have separate county procedures that an experienced unlawful detainer attorney will be able to navigate on your behalf.

Small Claims Lawyer Seminole County

Small Claims Lawyer Seminole County

You made a contract with someone so they would buy your car, motorcycle, boat or something similar. You performed your end of the bargain by delivering the equipment, but magically the other party has disappeared and/or refuses to pay you anything. You find yourself out of the money you rightfully deserve. Perhaps somebody passed you a bad check. This is when you should hire a small claims lawyer Seminole County or a small claims lawyer Lake County Florida. Get your money back through a demand letter and/or by litigating. Do not let the other party take what is yours without a fight. Speak with a small claims attorney. This article is for reference only. We are not accepting new civil litigation claims at this time. The majority of our law practice focuses on uncontested divorces in Seminole County Florida.

Small Claims Lawyer Lake County Florida

Appearing without a small claims lawyer Seminole County or a small claims lawyer Lake County Florida can mean being at the mercy of the other side, without the knowledge of how to best proceed with litigating your case and pursuing or defending against claims for monetary damages. A small claims attorney can make sure that you are treated fairly at hearings, during mediation, or trial. It isn’t fair to you to be called a liar, when that isn’t the matter at hand, the matter at hand is whether or not you are owed that thousands of dollars (the small claims jurisdictional limit used to be $5,000 and has increased to $8,000 as if 2020, as well as attorney’s fees and court costs.

Small Claims Lawyer Lake County

If you choose not to retain a small claims lawyer Seminole County or a small claims lawyer Lake County Florida, the litigation process involving your money can be substantially more difficult and a monetary recovery might be far less than you had anticipated. Not having a skilled litigator present for court proceedings can allow for disagreements between the parties that can be quite disparaging.

Small Claims Attorney Litigation

Recently, the Jacobs Law Firm litigated a small claims case at trial in which the Firm proved victorious and earned a judgment for our client. The opposing party represented herself. The other party repeatedly voiced comments that were irrelevant causing us to make several key objections to prevent irrelevant information from coming into the court record.

If you believe that you have been financially wronged by a person or company that has deprived you of money or property, of if you are being sued by someone for monetary damages, it may be time for you to call the Jacobs Law Firm, small claims lawyer Seminole County, small claims lawyer Lake County Florida, for a consultation to determine your legal rights and responsibilities. We take all litigation seriously and treat every case as though it is our primary case.

remarriage and child support in florida

Remarriage and Child Support in Florida

Attorneys know the answer to your questions about remarriage and child support in Florida but clients often have serious doubts about their rights and obligations. The way Florida divorce and paternity courts calculate child support when you get remarried is not common knowledge. One reason this area of marital law is so obscure is the laws tend to be different in every state. A family law litigant that remarries may feel deep concern when their marital income goes up. Does this mean that child support and remarriage in Florida will put a difficult burden on you financially? Call the Jacobs Law Firm, at 407-335-8113, Divorce attorney in Orlando and Divorce attorney in Clermont for the help you need in calculating your financial obligations.

Child Support and Remarriage in Florida

Will remarriage make your child support obligation automatically increase? Should you consider waiting to get remarried to avoid an increase in your child support obligation? These are legitimate and frequently asked questions when clients visit their divorce attorney in Orlando or divorce attorney in Clermont FL. You should ask these questions because your financial future could be impacted.

child support and remarriage in Florida

If a payor (person that pays child support) remarries, the court does not add the incomes of both parties together for purposes of child support calculations. In some cases involving remarriage and child support in Florida, if the payor remarries and claims additional child tax credits as a result, or if the payor files his/her taxes jointly and earns additional tax breaks, this could impact his/her own income for child support calculations. Daycare expenses may continue to be a factor until the minor child(ren) are eligible to enter elementary school.

Alternatively with child support and remarriage in Florida, if the payee (recipient of child support) remarries and as a result has a lot more disposable income, this may be a factor the judge, magistrate, or hearing officer will factor in to child support calculations. The fact is that child support trials occur often and both sides seek to prove their case using every piece of evidence at their disposal.

Should You Consider Remarriage and Child Support in Florida Before Tying the Knot?

Because there is no absolute right on the part of the payee to receive an increase in their child support because their ex gets remarried, and because there is no absolute guarantee a payor will have his/her child support obligation increase as a consequence of remarriage and child support in our state, the question answers itself. Florida divorce courts do not have one absolute answer to your questions about remarriage and child support in Florida until you seek to litigate your case and obtain a judgment. Attorney Jonathan Jacobs helps clients throughout central Florida when they need to litigate.

florida child support daycare expenses

Florida Child Support Daycare Expenses

Florida child support daycare expenses can be a contested issue in your divorce or paternity case. Let’s assume you are getting a divorce, or you are involved in a paternity lawsuit. You have engaged in a settlement conference, or you have undergone mediation or a hearing on timesharing and child custody. This means you have likely negotiated or litigated a timesharing/parenting plan in the best interests of your child. The next major issue to work out is how much either parent will pay for child support. A major shock to many payors (a payor is the person paying child support) is that Florida’s child support guidelines include daycare as part of child support calculations. Clients often wonder how to prove childcare expenses for child support such as healthcare and daycare expenses. Evidence is critical to winning this issue. When you need advice about Florida child support daycare expenses, call Orlando child support Attorney Jonathan Jacobs.

How To Prove Child Care Expenses For Child Support

Childcare expenses for child support may include transportation costs, healthcare premium payments, and daycare expenses. How to prove childcare expenses for child support is an issue your attorney may talk about with you. One way to prove health care expenses for your child is by analyzing your pay stubs to determine monthly premium payments. Another way to go about proving your healthcare expenses is by contacting your human resources department for the numbers you need. There may be some basic math calculations involved. Child support calculations are impacted by health care expenses for the children.

how to prove childcare expenses for child support

Meanwhile, Florida child support daycare expenses can be evidenced by asking your child’s daycare for printouts of receipts of your payments. Also, many daycare facilities require direct deposit payments. This means that your bank statements may be one answer in how to prove childcare expenses for child support calculations. Do not be afraid to ask your child’s daycare director for these records. May people go through litigation over timesharing and daycare staff are well aware of the necessity of providing printouts of your payments.

Should You Request to Pay Florida Child Support Daycare Expenses?

Sometimes clients will ask us if they should be the primary payor of daycare to make sure the child support calculations are in their favor. First, the answer depends on whether you are already paying for daycare or whether your former spouse or partner is paying the expenses. Second, this depends on your share of responsibility for childcare expenses. Further, there is no guarantee a court will award one parent the privilege of paying daycare expenses. Daycare is a costly expenses that allows many hard-working people to go to work every day with the knowledge that their children will be safe and protected and will learn during the day.

Jonathan Jacobs is an Orlando child support attorney that can help you understand and litigate Florida child support daycare expenses and can guide you in how to prove childcare expenses for child support purposes in your divorce or family law case.

Income Deduction Order Florida

Income Deduction Order Florida

If you have resolved your paternity or divorce lawsuit (involving minor children), one final step that may occur is drafting an income deduction order Florida child support, and/or the drafting of an income deduction order Florida alimony. Often, your divorce or family law attorney will prepare the required document(s), but the court may do so if the litigants are self-represented. If your case is an uncontested divorce with minor children, there may not be a need for an income deduction order.

A deduction order (also known as an income withholding order) is intended to alert the Florida State Disbursement Unit and the payor’s (person obligated to pay) employer of the requirement to automatically deduct a specified amount of money from your paycheck for child support and/or alimony payments on a weekly, bi-monthly, per paycheck, or monthly basis. If you need to know how to stop an income deduction order in Florida because circumstances have changed, call the Jacobs Law Firm for the help you need right away 407-335-8113.

Income Deduction Order Florida Alimony

Preparing a deduction order Florida child support or alimony is based on the amount of child support and/or the amount of alimony the payor is obligated to pay. This is generally indicated in the mediated or marital settlement agreement and/or the court order mandating those payments. The forms must be carefully prepared by your lawyer to account for mandatory administrative fees given to the Florida State Disbursement Unit. Your lawyer should include the dates when the amount you are obligated to pay will be reduced or terminated because of a child aging out, or because of the lowering of alimony over time. The parenting plan may also clarify the support obligation.

How To Stop An Income Deduction Order In Florida

How To Stop An Income Deduction Order In Florida

As a family lawyer in Orlando, the Jacobs Law Firm receives a high volume of calls about how to stop an income deduction order in Florida. Frankly, even if your order provides for a date when your payments should stop, employers and human resource departments do not always follow the guidelines for its termination. This means that you should consider contacting our Firm to act as a liaison between your employer, the court, and you, in order to stop your income deduction order and to prevent you from overpaying indefinitely for your alimony or child support.

A deduction order is based on mutual agreement of the parties or the court’s ruling. The forms must be prepared with skill and full attention to detail. The payor’s employer must also be made fully aware of the court order to prevent you from accidentally missing child support and/or alimony payments and being subject to contempt allegations.

Call the Jacobs Law Firm today at 407-310-5636 or fill out our contact form for the help you need. The Jacobs Law Firm, Child Custody Lawyer Orlando, Orlando Alimony Attorney, is here to help you with your divorce or paternity case.

Relocation of Children After Divorce

A child relocation attorney Florida can help you litigate your petition for relocation with minor children. Your attorney will petition the court for relocation of children after divorce on your behalf. The first step is to schedule a meeting/consultation with your child relocation lawyer Florida. If you are requesting the court allow you to relocate with your child more than 50 miles away from your current principal address for a period of greater than 60 days (after the court has granted your final judgment and parenting plan), your attorney will ask you a lot of questions to help you determine the strength of your petition. These questions are designed to test the strength of your petition for relocation with minor children. Attorney Jonathan Jacobs is a divorce and family law attorney in Orlando that represents clients seeking the action and cause of Relocation Of Children After Divorce And Children’s Best Interests. Call 407-335-8113 today for a free consultation.

Relocation Of Children After Divorce And Children’s Best Interests

If you are the party seeking to prevent the moving party from moving away with your minor child(ren), your child relocation lawyer Florida will ask you questions about your family, career, health insurance, and proposed move. If you seek to prevent relocation of children after divorce, understand that winning relocation cases Florida has a lot to do with the nature and quality of your facts. Relocation Of Children After Divorce And Children’s Best Interests go hand-in-hand.Do you have family here locally with whom your child has a close bond? Do your family members help you care for your kid(s)? Is your child already attending a good school? What is the rating of your child’s school? Is your child performing well in school (Earning good grades? Doing well socially?) Do you have a secure job/career locally? Are you making enough income to support your child? These are just starter questions.

Your final judgment and parenting plan will need to be thoroughly analyzed by your child relocation attorney Florida. At that point, your child relocation lawyer Florida will compare the facts of your case as existed at the time of the final judgment and contrast them with your current circumstances involving your proposed move. For example, your attorney will seek to find fault with the relocating party’s alleged facts and prove why it is in the child’s best interests to remain at his/her primary residence. A long distance parenting plan will be required to meet the court’s minimum requirements.

Child Relocation Attorney Florida

Child Relocation Attorney Florida

Let your child relocation attorney Florida know if you are the party asking the court for relocation of children after divorce. This will reframe your attorney’s perspective on your case. Now, your child relocation attorney will build a case, based on your facts and the evidence you have provided, seeking to convince the court to grant your relocation of children after divorce. This may involve collecting documentation about your new job, health insurance, informally appraising your new housing, and inquiring about the support system you may have at your new job (pending relocation).

Ultimately, a child relocation attorney Florida will understand the perspectives of both sides. This will help him to defend against or ask the court to grant your relocation of children after divorce Florida. When you need an experienced relocation attorney Orlando, Tavares, Kissimmee, Bushnell, Brooksville, and Sanford, call the Jacobs Law Firm for the help you need with relocation.

Florida Parenting Plan Modification

Florida Parenting Plan Modification, Modification Of Timesharing Florida

Are you seeking a Florida parenting plan modification from the final judgment in your Florida divorce or paternity case? In order to obtain a court-ordered or negotiated modification of timesharing Florida you will need to file a supplemental petition for modification of timesharing. This will allow the court to have jurisdiction to hear your supplemental petition and alert the respondent that you are seeking a change in your Florida parenting plan. Call Attorney Jacobs at 407-335-8113 today!

One of the best ways to analyze the strength of your modification of timesharing Florida supplemental petition is to look to case law precedent for guidance. There are many cases in which Florida family law courts have both denied Florida parenting plan modification petitions and granted them. Here is a listing of case law holdings regarding modification of timesharing that have been paraphrased to make them more understandable.

Case Law For Supplemental Petition for Modification of Parenting Plan Florida

In Schot v. Schot, 273 So. 3d 48 (Fla. 4th DCA 2019) the Court granted the moving party’s (person asking for the change) supplemental petition because the other parent failed to support the minor child who had a serious medical condition resulting in the child’s detriment.

modification of timesharing Florida

In the case of Wade v. Hirschman, 872 So. 2d 952 (Fla. 5th DCA 2004) the Court recognized the evidence showed the mother deliberately sabotaged the parenting plan, causing the Court to award majority timesharing to the father.

C.B. v. Dep’t of Children & Families, 879 So. 2d 82 (Fla. 4th DCA 2004) is a truly heart-wrenching case in which there had been a long history of child abuse of three prior children. Consequently, the District Court of Appeals granted the moving party’s Florida Parenting Plan Modification by nullifying the abusive parent’s timesharing.

Modification of Parenting Plan Florida

In Horton v. Horton, 257 So. 3d 1197 (Fla. 1st DCA 2018) the Court ruled on something that would seem like common sense, “If the first round of the parenting plan does not take the best interest of the child into account.” [then a modification of timesharing Florida must be granted]

Fosshage v. Fosshage, 167 So. 3d 525 (Fla. 3rd DCA 2015) is a relocation case in which the father of the child sought to have his child move with him out of state because the mother’s new husband abused their child. The court deemed this vulgar development to be a substantial material and unanticipated change in circumstances and stated the move to Wisconsin with the father was in the child’s best interests.

These cases are just a few examples of Florida parenting plan modification actions and demonstrate some of the conditions/circumstances in which Florida courts will grant a modification of timesharing Florida.

Jonathan Jacobs is a child custody attorney in Central Florida and a relocation attorney Orlando that is ready to help you modify your timesharing with your minor children. Modification of alimony and the modification of child support are challenging cases we litigate for our clients.

Unequal Distribution Divorce Florida

Unequal Distribution Divorce Florida, Unequal Equitable Distribution Of Marital Property

Many clients ask about unequal distribution divorce Florida. Clients ask about unequal distribution because they believe that in their divorce settlement or judgment, they should be the majority owner of a house, a car, or other marital property. When assessing whether our client’s claim is feasible, and/or whether their spouse has a claim for unequal equitable distribution of marital property, we like to revisit Florida case law to frame our arguments. Case law precedent is vital to winning cases.

As a starting point, Florida case holdings tell us that “The equitable distribution statute [Florida § 61.075(1)] begins with the premise that the distribution should be equal, but the trial court may make an unequal distribution when proper justification is demonstrated, Rogers v. Rogers, 12 So. 3d 288, 291 (Fla. 2d DCA 2009). Florida Statute 61.075 subsection (1) provides the factors for the family law circuit trial court to consider in making this determination. Case law makes it abundantly clear that a family law court MUST justify its unequal distribution of marital property with specific factual findings. The standard of evidence/burden of proof for both sides for unequal distribution divorce Florida is “competent substantial evidence with reference to the factors” mentioned above in subsection 1. Cooley v. Cooley, 253 So. 3d 1223, 1226 (Fla. 2d DCA 2018). In other words, your attorney should seek to enter relevant exhibits that demonstrate your assertions or defenses for unequal distribution. Your attorney may consider adhering to the statutory factors when taking testimony and presenting evidence before the court. Foley v. Foley, 19 So. 3d 1031, 1032 (Fla. 5th DCA 2009); see also, Stough v. Stough, 18 So. 3d 601, 604-05 (Fla. 1st DCA 2009).

Unequal Distribution Of Marital Property

If One Spouse Earns More, Does that Justify Unequal Distribution of Marital Property?

“The fact that the Former Husband was the primary source of income does not support an unequal distribution. When one spouse is the primary wage earner and makes a significant contribution to the marital assets, it ‘does not justify disparate treatment.’” Cooley v. Cooley, 253 So. 3d 1223, 1226 (Fla. 2d DCA 2018) Citing Horne v. Horne, 711 So. 2d 1310, 1312 (Fla. 1st DCA 1998). In Horne, the Court ruled that unequal distribution was not justified by the evidence presented to the Court, and case law often provides for unequal distribution as more of an exception than a common holding.

Unequal Distribution Of Marital Property When Wife’s Mother Paid for the House?

In the case of Franklin v. Franklin, the parties had a long-term marriage of 37 years. Franklin v. Franklin, 988 So. 2d 125, 128 (Fla. 2d DCA 2008). The Wife’s parents gave gifts to both Husband and the Wife when they were married. The Court stated that the court record from trial did not establish that the gifts given buy the parent could be considered as the Wife’s contributions to the marriage under Florida Statute 61.075(1)(g). Unequal distribution divorce Florida was not necessary to establish fairness in the parties’ divorce judgment.