What You Need to Know

Child support is a crucial aspect of family law that aims to ensure the financial well-being of children following the separation or divorce of their parents. Child support guidelines have been established in most jurisdictions to provide a fair and consistent framework for calculating child support payments. In this blog post, we’ll explore what child support guidelines are, how they work, and what you need to know as a parent or legal professional navigating the complexities of child support.

Understanding Child Support Guidelines:

Child support guidelines are specific rules and formulas used to determine the amount of financial support one parent must provide to the custodial parent for the care of their children. These guidelines are typically based on a combination of factors, including:

1. Income: The income of both parents, as well as any additional sources of income, is a fundamental component in calculating child support. This includes wages, self-employment income, bonuses, and investment income.
2. Number of Children: The more children involved, the higher the child support obligation tends to be.
3. Parenting Time: The amount of time each parent spends with the children may also influence child support calculations.
4. Special Needs and Expenses: Extraordinary expenses such as medical bills, educational costs, or childcare expenses may be factored in.

Why Child Support Guidelines Are Important:

Child support guidelines serve several critical purposes:

1. Fairness: They aim to ensure that child support is calculated fairly and consistently, taking into account the financial circumstances of both parents.
2. Child’s Best Interests: Child support guidelines prioritize the best interests of the child by providing for their basic needs, such as food, clothing, and shelter.
3. Reducing Conflict: Having clear guidelines can reduce disputes between parents, as it removes much of the ambiguity in calculating child support.
4. Enforcement: Child support orders based on guidelines are typically easier to enforce in court.

Deviation from Guidelines:

In some cases, a judge may decide to deviate from the child support guidelines. This might happen if a child has unique needs or if one parent has significant financial hardships. Courts typically consider the following when determining deviations:

1. Child’s Needs: If a child has special needs or extraordinary medical expenses, the court may adjust child support accordingly.
2. Parental Income Disparities: If there’s a substantial income gap between the parents, a deviation may be warranted.
3. Parenting Time: If one parent has significantly more parenting time, this can impact child support calculations.

Modification and Enforcement:

Child support orders are not set in stone. If your circumstances change significantly, you can request a modification of child support. For example, if you lose your job, get a raise, or if the child’s needs change, you can ask the court to adjust the child support amount.

Enforcing child support is also important. If the paying parent fails to fulfill their obligations, legal action can be taken to ensure compliance. This may include wage garnishment, property liens, or even imprisonment in extreme cases.

Conclusion:

Child support guidelines are an essential component of family law, designed to protect the well-being of children after the separation or divorce of their parents. Understanding how these guidelines work, when and how they can be deviated from, and the importance of modification and enforcement are crucial aspects for both parents and legal professionals. Child support should always prioritize the best interests of the child, ensuring they have the financial support they need to thrive. If you have specific questions or concerns about child support in your jurisdiction, consult with a family law attorney who can provide guidance tailored to your situation.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

How to Protect Yourself and Your Family

Domestic violence is a harrowing and prevalent issue that affects countless families worldwide. It knows no boundaries of age, race, or socioeconomic status. In the face of such a distressing situation, restraining orders can be a lifeline, providing protection for those in danger. This blog will explore what domestic violence is, the importance of restraining orders, and steps to take if you find yourself or a loved one in such a situation.

Understanding Domestic Violence

Domestic violence refers to a pattern of abusive behaviors used by one person to gain power and control over another person in a close relationship. It can manifest in various forms, including physical, emotional, psychological, sexual, and financial abuse. Domestic violence doesn’t discriminate and can affect anyone, regardless of gender or age.

Recognizing the signs of domestic violence is crucial:

1. Physical Abuse: This includes hitting, slapping, kicking, or any form of physical harm.
2. Emotional Abuse: Manipulation, threats, insults, and belittling can be emotionally abusive.
3. Psychological Abuse: Isolation, mind games, and control tactics fall into this category.
4. Sexual Abuse: Any non-consensual sexual acts or coercion constitute sexual abuse.
5. Financial Abuse: Controlling finances, restricting access to money, or sabotaging the victim’s financial independence.

Importance of Restraining Orders

A restraining order, also known as a protective order or order of protection, is a legal document issued by a court that prohibits one person from contacting or approaching another person. Restraining orders serve several vital purposes:

1. Protection: The primary purpose of a restraining order is to provide immediate protection to the victim and their family members by legally preventing the abuser from contacting or coming near them.
2. Legal Consequences: Violating a restraining order can result in criminal charges, fines, and even jail time for the abuser.
3. Empowerment: Restraining orders empower victims to take control of their lives and safety, helping them regain a sense of security and normalcy.

Steps to Protect Yourself and Your Family

1. Safety First: If you or someone you know is in immediate danger, call 911 or your local emergency number.
2. Reach Out for Support: Contact local domestic violence shelters, hotlines, or support groups for guidance and emotional support.
3. Document Evidence: Keep records of abusive incidents, including photographs, texts, emails, and any other relevant documentation.
4. Contact an Attorney: Consult with a family law attorney who specializes in domestic violence cases to understand your legal options.
5. Seek Medical Help: If you’ve been physically harmed, seek medical attention promptly, and ensure that injuries are documented.
6. File for a Restraining Order: Work with your attorney to file for a restraining order. Ensure it includes clear terms and limitations on the abuser’s actions.
7. Inform Others: Share the restraining order with your workplace, your children’s school, and anyone else who needs to know to ensure your safety.
8. Stay Vigilant: Even with a restraining order in place, stay cautious and aware of your surroundings. Report any violations immediately.
9. Counseling and Support: Consider therapy or counseling to address the emotional trauma caused by domestic violence.
10. Build a Support Network: Lean on friends and family for emotional support, and let them know what’s happening so they can help keep you safe.

Conclusion

Domestic violence is a deeply troubling issue that affects many lives. Restraining orders are a crucial tool for protecting victims and their families from further harm. If you or someone you know is experiencing domestic violence, remember that you are not alone. Reach out to local resources and professionals who can guide you through the process of obtaining a restraining order and help you take the necessary steps toward safety and healing. No one deserves to live in fear, and with the right support and resources, a brighter future is possible.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

The intersection of family law and estate planning, particularly involving wills and trusts, can be quite significant and complex. Both areas of law deal with matters that affect individuals and their families, but they focus on different aspects of a person’s life and assets. Here’s an overview of how these two areas intersect:

1. Marital Property and Inheritance: Family law often governs the distribution of marital property during divorce or separation. When couples divorce, they may need to divide their assets, including those acquired during the marriage. However, estate planning, specifically through wills and trusts, allows individuals to designate how their separate and marital assets will be distributed upon their death, regardless of marital status.
2. Spousal Rights: Family law addresses the rights and obligations of spouses during their lifetime, including matters like spousal support, maintenance, and property division upon divorce. Estate planning, on the other hand, involves ensuring that a surviving spouse’s financial needs are taken care of after the death of one spouse through mechanisms such as trusts or life insurance.
3. Inheritance for Children: In the context of divorce or separation, family law often addresses child custody, support, and visitation rights. Estate planning can ensure that minor children are provided for through the creation of testamentary trusts established in a will, which can protect and manage assets on behalf of the children until they reach a certain age or milestone.
4. Blended Families: In cases where individuals with children from previous relationships remarry, both family law and estate planning become complex. Family law might involve prenuptial or postnuptial agreements to clarify how assets will be divided in the event of divorce or death. Estate planning can ensure that both the new spouse and children from previous relationships are provided for in the distribution of assets, often requiring careful consideration and drafting of wills and trusts.
5. Protecting Assets: Family law disputes, such as contentious divorces or disputes over child custody, can impact an individual’s financial situation. Effective estate planning, including creating trusts, can help shield assets from potential claims, creditors, or unfavorable family law outcomes.
6. Healthcare Decision-Making: Both family law and estate planning address matters related to decision-making in times of incapacity. In some cases, family law matters like divorce can result in disputes over who has the right to make healthcare decisions for a spouse. Estate planning documents like a durable power of attorney for healthcare and living wills can clarify these issues.
7. Guardianship: If parents of minor children pass away, family law determines guardianship arrangements. However, through estate planning, parents can nominate preferred guardians for their children in their wills, and the court typically considers these nominations when making guardianship decisions.
8. Beneficiary Designations: Some assets, like life insurance policies, retirement accounts, and payable-on-death (POD) accounts, pass directly to named beneficiaries upon the owner’s death. These beneficiary designations often take precedence over the provisions of a will, so they need to be aligned with both family law considerations (e.g., spousal rights) and estate planning goals.

Given the complexity of these interactions, it’s advisable to consult with legal professionals experienced in both family law and estate planning to ensure that your intentions are properly documented and that your assets are protected in accordance with your wishes and the applicable laws.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Then answer to this question is no. When a child is adopted, it’s a permanent decision that involves the termination of the formal legal parent’s  parental rights and responsibilities — and, therefore, any obligation they have to pay child support. Whether you  adopt a  child as an infant or when they’re older, if you give consent to have your parental rights terminated, you will not have any legal parental obligations to them.

We you are considering adoption, you should keep this in mind. If you are financially secure, perhaps this is not an issue for you. But if things are a little tight, you may want to hold off for a while. Any adoptive family must be financially prepared to complete the adoption process and raise your child in a financially stable and supportive home.

When an infant is placed for adoption with an adoptive family, both the birth mother and father’s parental rights are terminated. That means, once you sign your consent to the adoption, you will have no rights or responsibilities to your baby, including any obligation to pay child support.

If you have questions about your legal rights during the adoption process and what will be expected of you after the adoption is complete, you can always come in to see us. We can explain what the adoption process is like and what is legally required of you, whether you’re a prospective birth mother or father.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

The Difference Between Child Custody And A Parent Plan

The major difference is that child custody determines which parent will take care of the child for a majority of the time. The parenting plan determines when and where the other parent will spend time with the child.

Who gets custody most of the time?

The mother – In 51% of child custody cases, both parents agree for the mother to be the custodial parent. In just over half of child-custody battles, parents come to a mutual agreement for the mother to be awarded primary custody of the child.

What is the best co parenting schedule?

50/50 Custody & Visitation Schedules

50/50 schedules can benefit a child because the child spends substantial time living with both parents. This allows him or her to build a close relationship with both parents, and to feel cared for by both parents. 50/50 schedules work best when: The parents live fairly close to each other, so exchanges are easier.

Is visitation the same as time-sharing?

The time-sharing schedule is the part of your parenting plan that explains when children live and spend time with each parent. In some states, it’s sometimes called a visitation schedule.

What type of custody is most common?

Joint custody is the most common type of child custody arrangement. But there are different types of joint custody. And in some cases, sole custody may be the best solution.

What is the number one rule of parenting?

The main thing you can do is apply The Golden Rule of Parenting. Always be the kind of person you want your kids to be. So, if you want your kids to be respectful, considerate, and honest, you have to be respectful, considerate, and honest. And, then you may expect that behavior from your kids.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Divorcing couples are generally encouraged to explore settlements out of court where issues such as child support, alimony, asset division, and timesharing or parenting can be resolved amicably with the help of attorneys. But in high conflict situations when parties are unable to agree on issues arising from a divorce, the unresolved issues must undergo litigation where a court shall make a decision based on evidence.

Evidence may include financial documents, photos and videos, eyewitness testimony, and similar documents, admissible evidence must be relevant to your divorce. For example, your spouse’s bank statements from high school would be admissible but irrelevant; a court would not consider them. Hearsay is inadmissible in court.

Social media postings are admissible. Parties in a divorce should be extremely careful what they post on social media during this process.

Discovery

If your divorce proceedings require evidence, you’ll need to go through discovery. Discovery is a legal fact-finding process in litigation. During discovery, your lawyer will turn over the evidence they’ve collected to your spouse’s lawyer, and vice versa.

During discovery, your lawyer will not disclose any confidential information or conversations they’ve had with you. The discovery process is intended to put both parties on a level playing field with all evidence on the table. Discovery helps your lawyer prepare for the evidence your spouse may try to use against you.

If you are considering getting a divorce, come in and see Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

So you have been married a short time, and you realize that this was a mistake.  What do you do about it. Should you get an annulment or a divorce? What’s the difference? An annulment voids the marriage, and it will be as if the marriage never occurred. On the other hand, a divorce ends/ dissolves the marriage. Therefore, there may need to be property division in a divorce.

Obviously, you probably prefer an annulment. However, not so fast! In Florida it may not be as easy as you think. You have to have one of the following 3 factors:

1. There must have been some kind of fraud involved.
2. One or both spouses lacked mental competency to enter the marriage because of mental incompetency
3. The marriage was not consummated.

If you have spent a night together after the wedding, it is going to be difficult to convince the court that the marriage was not consummated. The court is probably going to suume that it was. Annulments are difficult, but not impossible, to get in Florida. In most cases, you should probably start to think about a divorce.

While annulment way not be possible, an uncontested divorce is your next best option. If you had only been together a short time, it’s not likely that there were big changes in your life. If no one is pregnant and no one won the lottery, you would think that you should be able to agree on an uncontested divorce. Each person takes out of the marriage what they brought into the marriage. Let’s pretend that it never happened.

No is the time to turn on the charm and your persuasive powers. If you can negotiate the terms of the divorce before the lawyers are involved, you are going to save a boat load of money and problems. It is time to forgive and forget.

If you would like to discuss your situation, call Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

You may suspect that your spouse is hiding money. What is the consequence if they are?

If your spouse lies about any assets, they may be charged with perjury. It can lead to a misdemeanor charge, fines, and imprisonment. Your spouse may also be charged if they attempt to intentionally mislead the court while trying to hide assets.

However, it is not as easy as you think to catch them or prove it. First of all, see if you can find out about any credit card debt that you spouse has incurred. If there has been a lot of new debt incurred about the time that it was decided to get divorced, you need to give this information to your attorney.

Keep track of all assets, liabilities, and money flow from the beginning of your marriage. You should look for signs of a change in your finances. Look for sudden decreases in income, missing bank statements, or a sudden change in behavior. Watch the incoming mail. Is there a bank statement for an account that you didn’t know about?

What happens when a spouse hides money during a divorce?

Because each party is required to divulge all assets, hiding assets during a divorce amounts to contempt of court. A judge may issue sanctions and require the spouse who is found to have hidden assets to pay the other’s legal fees. The judge can even grant higher alimony payments.

There are a lot of ways to hide cash from a spouse, and these are probably not illegal.
Don’t Disclose New Income to Spouse.
Get Cash Back Each Time You Check Out.
Safety Deposit Box.
Paying off a Loan From Family.
Buy New Possessions.
File Taxes Separately and Overpay.
Gather Prepaid giftcards.
Not Disclose Cash Income

If you suspect that your spouse has been stashing cash and you want to pursue it, you can hire a forensic accountant. Your attorney had help you with that. However, this often proves to be more expensive than it’s worth. You should talk this over with Ty Zdravko.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

If you file for a divorce, the first thing that happens if there they are children involved, is that the court issues temporary orders. You probably didn’t see that coming. Because a divorce may drag out for months and years, the court wants to make sure that any minor children are taken care of.

The court may find that the wage producing spouse continue to provide the same level of support that they were providing during the marriage. That means that you may have to pay the mortgage payment, the electricity, the cable bill and the groceries for the household. If you have left the family residence, you may find that you may have to live sparsely during that period.

Very basic temporary restraining orders can be ordered whenever a party files for divorce or some other type of family law proceeding. Typically these automatic temporary orders prevent parties from tampering with assets, altering insurance coverage, and changing the children’s residence.

If a set of temporary orders worked for all family members, then the court might choose to turn the temporary order into a permanent or final order to finalize the divorce. If the temporary orders are not acceptable for both parties, there will have to be a temporary orders hearing, where the court hears testimony and rules whether to modify the temporary orders or not.

If you are contemplating a divorce, you should have a meeting with Ty Zravdko so he can let you know what to expect.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area. For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

The children typically don’t get to choose which parent they want to live with. There are several reasons for this. First of all the courts don’t like to involve minor children in divorce proceedings.

Also, minor children are typically not mature enough to make decisions that can have such a major effect on their future. This could also put a strain on am otherwise good relationship with a parent.

Also, the children may make the decision for the wrong reason. Do we really want to place the children the parent who doesn’t properly discipline the children?

Certainly the court wants to place the children in the place that is in their best interests. However, this may not be the place that they would choose.

Whether or not a child’s preference matters depends on whether the child:

• Is intelligent enough to make decisions of this nature;
• Has the emotional capacity to decide who to live with;
• Understands the consequences of choosing one parent over the other in a custody case;
• Has enough experience with each parent;

If you are concerned with child custody issues, come in and talk to Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.