If the court grants Evangelista’s request, the child support order will be among the highest amounts of child support ordered by the court.  While requests for child support in this stratosphere may seem ludicrous to some, it is not necessarily unrealistic given the rationale and objectives of child support.  The guideline child support calculation is intended to ensure that a child benefits from the lifestyle and standard of living of both parents.  Requested expenses like a 24-hour nanny, full-time driver and body guards for the 5-year-old child as well as maintenance on two separate residences including one near the child’s school may seem exorbitant and unreasonable to ordinary people making a middle class income but may simply be part of one’s standard of living to a billionaire.

The Florida child support statute specifically incorporates parental standard of living into the calculation of child support.  The guideline formula uses the income of both parties which will obviously result in significant child support for very high income earners.  Florida Statute, Section 61.30 (a) specifically enumerates the following as factors in the child support calculation:

• The needs of the child
• Station in life
• Financial status
• Standard of living
• Ability to pay

These factors taken together reflect a public policy that children should benefit from the lifestyle of both parents as if they were still together.  Because the right to child support belongs to the child, large child support orders like these are not uncommon when the paying parent is extremely wealthy.  Other examples of child support orders paid by ultra-high earners include:

• Kirk Kerkorian (Casino Mogul): $100,000 per month
• Jean-Claude Von Damme (Action Star): $27,000 per month
• Melissa Ethridge (Singer): $23,000 per month

Although this may not ease the stress of dads who must pay child support based on more normal earnings, it does show the role that the parental standard of living plays in the determination of child support.  If you are facing a child support order as part of a divorce, paternity action or modification proceeding, our experienced Florida child support attorneys are prepared to fight for your financial interest no matter what your income.  At the Law Office of Eric N. Klein & Associates, PA, we have provided effective legal representation in Boca Raton child support cases.  Our experienced Boca Raton family law attorneys understand that you may have many questions about your legal rights when facing a potential child support order so contact us today at 954-580-8080.

If there is a high degree of conflict in your family home, which is not unusual in the context of the particularly bitter breakdown of a marriage or a cohabitation arrangement with the other parent, there are certain issues that you must consider before deciding to move.  When a parent leaves the family home in the context of a divorced because there is too much animosity to remain, the children will generally remain with the parent in the family home.  This is an appropriate result because courts do not like unilateral decisions to uproot the children from the family home, school, and established support systems.  If the parent moving out of the family home is the victim of domestic violence or there are other serious safety issues, then removing the children may be appropriate, but you should get legal advice first presuming it is safe to wait.  If not, you should contact a Florida family law attorney as soon as possible once you and the children have left the family home.

Putting aside extreme situations like domestic violence, a parent that leaves the children behind and moves out of the family home may be at a significant disadvantage in a future child custody dispute.   Once you move out of the family home, you may find that the other parent is uncooperative in granting you access to your children or providing information about health issues, school, or other important aspects of your children’s lives.  If this is happening, it is imperative that you talk to a Florida family law attorney about seeking formal parenting time.  The importance of taking prompt action to obtain formal parenting time is reflected by a number of factors in Florida’s Best Interest of the Child Statute that the courts use when awarding custody:

• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
• The demonstrated capacity & disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
• The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation . . .

While these are only a few of the factors that are considered by a family law judge in a Florida custody dispute, the risk of waiting to seek custody orders should be apparent.  The other parent may be perceived to be the children’s exclusive caretaker while you may appear to be uninvolved in your children’s lives.  Although you may contend that you did not play an active role because you were denied access, the other parent will likely dispute this claim.  Since there may not be any objective evidence either way, the judge may focus on why you delayed in taking legal action to obtain access to your children.

While you may be considering moving out of the family home to promote the best interest of your children, it is important to remember that the court’s perception of a stabile status quo with the other parent in the family home combined with your lack of contact could impact your parenting time in a future custody dispute.  Our experienced Boca Raton child custody attorneys are committed to assisting our clients in protecting their parent-child relationships.  If you are involved in a divorce or child custody case, we invite you to contact the Baton Raton Parental Relocation Attorneys at Eric N. Klein & Associates by calling 561-353-2800 today.

The researcher considered data from a longitudinal study of children from the time they were in kindergarten to fifth grade.  The study focused on children whose parents divorced between the first and third grade.  The study specifically found that children whose parents divorced during this period were adversely impacted in the following areas:

• Lower math proficiency
• Difficulty maintaining friendships
• Decreased ability to express their feelings in constructive ways
• Less empathy toward others
• Challenges relating to children who are different

While it may come as little surprise that children of divorce face more challenges in interpersonal skills, the study also revealed a direct impact on academic performance.  Interestingly, the study found only that divorce seemed to affect math performance but did not have a comparable impact on reading proficiency.  The data indicated that children whose parents divorce were 12 percent less proficient in math.  The researchers speculated that the disparity in results between the impact on math and reading skills might be tied to the cumulative nature of math.  While math knowledge builds on prior foundational material, reading does not require a child to “catch up”.  This explanation is also supported by the fact that children who are impacted do not close the gap in terms of lagging behind on math as time passes.

The study also found that pre-divorce conflict or animosity does not seem to have the same impact as an actual divorce.  The indications that the children occurred after the actual divorce process had been initiated even where there was conflict at the pre-divorce stage.  Predictably, divorces that were relatively amicable did not show the same adverse impact as those where the proceedings were fairly contentious.

While it can be extremely difficult to deal with the other parent following a divorce, this study shows that finding ways to resolve your differences amicably can have significant academic and socialization benefits for your children. The experienced Boca Raton child custody attorneys at Eric N. Klein and Associates are committed to helping our clients minimize any negative impact of divorce on their children.  We offer a free initial no obligation consultation so contact us today at (561) 353-2800.

The calculation of child support in Florida is based on a statutory guideline formula that includes only very limited expenses, such as childcare costs, children’s medical expenses, and court ordered support for other children.  The court generally does not consider any of your personal household expenses.  The two factors that have the greatest impact on the amount of child support under the Florida guideline formula are the parenting time and relative income of each parent.  The parent that has more parenting time with the children will typically have the right to receive child support unless that parent makes substantially more income.  The rationale for the child support guideline is to preserve the available financial support and resources available to children in the event of a breakdown in the relationship between parents.

Sometimes a parent in a child support dispute will voluntarily remain unemployed or underemployed.  Because the income of each parent is a fundamental part of child support obligations, it may occur to a parent to quit one’s job or take a lower paying job to manipulate the court’s child support calculation.  Generally, this type of strategy will not be effective because the court may “impute” income to a parent that is voluntarily unemployed or underemployed.  This means that the court may calculate a child support order based on a parent’s earning capacity when working full time in the community based on factors like work history, experience and training.  This situation may arise in a variety of scenarios during a divorce, paternity action, or child support modification proceeding:

• Parents quitting their job
• Parents with specialized training or education taking low paying jobs outside their area of specialized training
• The parent chooses to work only part-time

The power of the court to impute income to a parent when calculating child support can be particularly significant if one of the parties has a high earning capacity.  If you are formally trained as a physician, for example, a court may impute the income you could be earning as a doctor in the community even if you are working outside your profession for a relatively nominal wage.  The court will be especially likely to impute income in this situation if the parent has worked as a doctor during the marriage and changed jobs at the time of the divorce or child support dispute.

The parent that is requesting child support has the burden of proof in convincing the court that it should impute income to the other parent.  If you are involved in a child custody dispute, the experienced child support attorneys at Eric N. Klein and Associates can evaluate your child support claim and also discuss the potential of imputed income.

Our Boca Raton child support attorneys have helped many people just like you facing child support disputes so call us today to discuss your options at 561-353-2800.

One common request clients make is that they want to pursue a permanent injunction against the other spouse.  These injunctions in a divorce context are rarely granted and difficult to obtain.  Florida family law judges are well aware that the permanent injunction process can be a tool to annoy, harass and abuse the other party in a divorce.  Judges also are aware that such injunctions can have a significant impact on one’s parenting time with their children.  The very act of requesting a permanent injunction against the other party to divorce may even have a negative impact on one’s case, especially if the other parent has taken the position that you are alienating the children and not likely to encourage frequent and continue contact with the other parent.

The standard for a legitimate request to obtain a permanent injunction against the other party in a divorce is that you have a reasonable fear of imminent physical harm.  The rules of evidence typically do not permit you to establish this by repeating what you were told by third parties. Anyone requesting a permanent injunction against the other parent or spouse in a divorce typically will be required to provide evidence of an act of violence or  genuine threat of violence.

The type of evidence that you will be expected to produce may include police reports, records of conviction, medical records showing past injuries, testimony by witnesses that witnessed acts of violence firsthand, and similar forms of evidence.  If you or your children have been the victims of domestic violence or child abuse, a permanent injunction may be an important tool in protecting you from future acts of violence.  The key is that family law judges in Florida are keenly aware of the need to prevent permanent injunctions from being used as a sword instead of a shield to gain a strategic advantage in a custody dispute or divorce.

Cases involving the relocation of a parent with a child in Florida are frequently among the most contentious child custody cases.  When the child is relocated a significant distance from the other parent, it can create a broad range of challenges, including logistical difficulty in facilitating fairly even quantities of parenting time, interfere with existing visitation schedules, and escalate the cost of exercising parenting time for the non-moving parent.

The issue of parental relocation or (parental move-away) is common in the context of divorce and paternity actions because the parents are experiencing substantial changes to their family structure.  Parents may relocate to go back to school, avail oneself of a job opportunity, obtain support from extended family, or a wealth of other reasons.  When a Florida family law judge considers a parental relocation request, the court will consider the relationships of the child to both parents and extended relatives, the reasons the parents are advocating or opposing the move, and other relevant factors.

Florida law imposes very specific procedural or substantive requirements when a parent in a custody dispute or subject to a timeshare arrangement seeks to relocate more than fifty miles with one’s child.  A parent who violates or disregards these procedures and requirements risks a potential change of custody or other adverse consequences.  A parent who wishes to relocate the child outside of fifty miles must provide written notice to the other parent and craft an appropriately modified timeshare schedule for consideration.  The other parent also has a right to be informed of the rationale for the move.  Some grounds for moving that may be considered reasonable include starting a business, pursuing an employment advancement, obtaining more emotional or family support from extended family, and seeking better health care for a serious medical problem.

While the court will consider the reasons for the move, the best interest of the child standard that governs other Florida timeshare arrangements also applies in the context of parental relocation.  While a complete discussion of the factors that a court considers when evaluating the best interest of a child is beyond the scope of this article some factors included in a parental relocation case include:

• How the move will impact the child’s school as well as physical and emotional development
• Rationale and justification for the move
• Adverse impact on the parenting time of the non-moving parent
• Parent-child relationships
• Extent of time the non-moving parent spends with the children and will be able to continue to spend if the child moves
• Benefits to the parent and children of the move

While this information may answer some of your questions about the relocation of a parent in a Florida custody dispute, this is one of the more complicated Florida child custody issues.  If you are currently involved in a divorce or paternity action or have a timeshare arrangement in place, our Florida parental relocation attorneys at the Law Offices of Jeffrey A. Klein can answer all your questions about the relocation of your children.  We have effectively represented many parents that needed to move with their children, and those who opposed such move-away requests so call us today at 866-819-6032 to schedule a free consultation!

What a Marital Settlement Agreement Accomplishes

A marital settlement agreement does away with the uncertainty spouses sometimes feel during the divorce. Although they may have some idea of what the issues are and how they are being resolved, specific agreements may not be completely clear. A marital settlement agreement clarifies and explains issues, leaving little room for doubt. If the judge honors your marital settlement agreement, you might not even be required to go to court, which most people in the midst of a divorce greatly appreciate.

If your marital settlement agreement is well-thought out and executed, covering all material aspects of your divorce, the judge could approve it as it stands. Even if that doesn’t happen, a marital settlement agreement proves to the court that the parties worked together to thoroughly think through all major issues, allowing your divorce to move more quickly through the legal system. Such an agreement can be entered into between the parties at any time during the divorce prior to the final court judgment then will be filed along with the final judgment.

What a Marital Settlement Agreement Contains

A comprehensive marital settlement agreement will contain specific instructions for the division of property, other assets and debts. The settlement may contain any sort of tax issues or claims for reimbursement for specific items, and will almost certainly contain child support payments, spousal support payments, attorney fees and costs associated with the divorce. Child custody and visitation arrangements will be clearly spelled out and any indemnification agreements the parties have agreed on will also be included in the MSA. The marital settlement agreement could also provide for waiver of alimony, detail the effects a reconciliation would have on the details of the divorce, and may include a waiver of rights, including in regards to a deceased spouse’s estate.

The Need for Independent Legal Representation

While not a legal requirement, it is smart for each party to have their own attorney in order to narrow the possibility of having the agreement voided down the road. Courts will carefully scrutinize marital settlement agreements whenever one party is not represented by legal counsel. If one spouse refuses legal representation, then they should be required to sign a statement which says they refused legal advice.

Limitations of Marital Settlement Agreements

Marital settlement agreements are unable to absolve either party of the statutory requirement for child support, and cannot limit the court’s jurisdiction regarding custody interests in what they feel are the best interests of the children. The MSA cannot waive financial obligations of either party and must comply with all principles of contract law. Further, the consent of each party regarding a marital settlement agreement must be entirely voluntary, made with full knowledge and without any type of influence or duress. Not all agreements regarding pension plan divisions can be upheld in a MSA.

It’s important to understand not only what an MSA can do for you, but what it can’t. To this end, be sure you have retained an experienced divorce attorney who can give you sound advice on whether a marital settlement agreement is right for you, and how to proceed if it is. It’s always better to have legal representation during your divorce, no matter how friendly you and your ex have remained.

If you or someone you love is considering filing for divorce, we can explain your rights and guide you through the appropriate divorce process.  At Eric N. Klein & Associates, P.A., our Fort Lauderdale divorce attorneys are dedicated to providing the legal help our clients need.  To learn more about what we may be able to do for you, contact us today by calling 954-580-8080.

Temporary Orders for Child Custody and Support

If you have children, then this part of the temporary divorce orders may be the most important, especially if you and your spouse are at odds over the divorce, and, by extension, over the children. Following a notice and hearing the court could award temporary custody to one parent and provide visitation for the other unless there is any type of domestic violence involved. Some courts will order a study done of the home of the person seeking custody of the children, and, depending on the circumstances of your case, may even appoint a mental health professional to determine what is in the children’s best interest in a contested custody case.

An order for temporary financial support of the children will be ordered as well as provisions for necessary health care. Some courts will order both parents to attend parent education courses if they feel this will ultimately help the children. These courses usually last anywhere from four hours to twelve, and failure to attend mandated parenting classes can result in a contempt of court citation.

Temporary Orders Regarding Spousal Support

Your attorney may request that the court require your spouse to pay spousal support while your case is pending, due to insufficient income on your part. This assumes that your spouse does have sufficient income to enable him or her to help pay your living expenses while you are waiting for the final divorce orders. Temporary orders for spousal support do not divide assets or seek to equalize the standard of living between the spouses.

Temporary Restraining Orders or Orders of Protection

A temporary restraining order will may be issued to the opposing party with a goal of preserving the marital estate and protecting the spouses. Usually a restraining order is effective the moment it is served on the other party, however most temporary restraining orders are only in effect for fourteen days unless extended by the court. A protective order is somewhat akin to temporary restraining order, however it is usually issued when there has been a history of domestic violence in the past six months, and seeks to keep the offender at least 1000 feet away from the victim, the victim’s residence and the victim’s place of employment. If there is a history of abuse toward the children, then the offender will not be allowed to see them either, unless supervised visits are awarded.

Temporary Orders Regarding Property

Before the temporary orders are finalized, each party will make a list of income and expenses which allows the court to determine which spouse will be allowed to remain in the marital home, which one will pay the mortgage, or whether it will be split down the middle, who will pay the utility bills at the marital home (regardless of who is living there), who will drive which vehicle and who will make the payments and insurance on those vehicles. Temporary orders will also set forth who will be responsible for other debt such as credit card debt or student loans.

Additional Issues

The temporary divorce orders will also order the spouses not to misuse the credit of the other, and to make no large purchases without advance written notice to the other spouse. The orders will decree that community property is not allowed to be sold or borrowed against by either party and that all insurance policies must be maintained as they stand, with no changes allowed. Further, most temporary orders will state that no changes to retirement plans can be made without the other spouse’s consent.

Temporary orders are meant to protect both parties so there are no nasty surprises when the actual negotiations begin. It’s important to have an experienced divorce attorney looking out after your best interests throughout the divorce—don’t wait until problems have arisen to decide to hire a divorce lawyer.

If you or someone you love is considering filing for divorce, we can explain your rights and guide you through the appropriate divorce process.  At Eric N. Klein & Associates, P.A., our Fort Lauderdale divorce attorneys are dedicated to providing the legal help our clients need.  To learn more about what we may be able to do for you, contact us today by calling 954-580-8080.

Why Snoop?

The primary reason spying on your spouse might be a good idea is if you have a pretty solid feeling that they are doing something shady which is potentially going to hurt you or your children, whether emotionally or financially. If you spend hours each day feeling sick to your stomach because you think your spouse is cheating, then it’s probably much better to find out for sure than to continue this emotionally draining daily anxiety. There’s also the health issue; if you believe your spouse is cheating you have the right to protect yourself from a sexually transmitted disease. If you have already determined to divorce and live in a state where you can file under a fault divorce, then finding solid proof of misdeeds could possibly help you during the asset division and custody of the children.

What Types of Information are Available?

In our highly technical digital age there are almost as many ways to check up on someone as there are ways for that person to attempt to deceive you. You can find GPS devices which attach to your car if you want to know where your spouse goes—the device transmits information directly to your computer or cell phone, allowing you to follow every move. Before you attach one, however, find out if the device is legal in your state, especially if the vehicle is not specifically titled in your name. These devices sell for a couple of hundred bucks and are concealed under the car’s body so they are virtually undetectable. You could have a forensic computer tech duplicate the hard drive on your spouse’s computer, giving you access to their computer records, you could search your spouse’s cell phone while they shower, snoop through their desk when they are gone, or even hire a private investigator to follow your spouse and photograph their activities.

Is it Legal?

Some forms of spying are illegal, no matter how good your reasons are. There are state and federal laws which regulate surveillance equipment use as well as recording devices and Internet software. Make sure you are fully cognizant of your state’s laws regarding spying before you start your covert ops. Consider also a recent Michigan case in which a man signed into his wife’s e-mail account and, sure enough, found evidence of the suspected affair. After using this information in his divorce, he was subsequently charged with felony computer misuse for reading his wife’s private e-mails and sharing the information.

Mr. Walker believed he had the right to check up on his wife because of his concern that his wife’s lover was being abusive to the couple’s two children and that the computer was in his home and his wife left her password in plain sight. You should probably avoid opening your spouse’s private mail, recording his or her phone conversations, using your spouse’s password to access his or her internet account and breaking into his or her office. On the other hand you are probably legally within your rights to search the family computer (other than the spouse’s personal e-mail) listen to phone messages which were left on the family computer, look through mail left open around your home, go through financial documents in your home or records from your joint accounts. Other than that, anything which has been left out in your home where you could easily find it is fair game.

It is imperative you speak to your Fort Lauderdale divorce attorney to ensure you avoid any allegations regarding the misuse of a computer or any other crime which could turn the tables and work against you during the divorce. Your attorney will be able to inform you of your state laws and give you advice on safe, legally sound ways to gather the information you need for your divorce case.

If you or someone you love is considering filing for divorce, we can explain your rights and guide you through the appropriate divorce process.  At Eric N. Klein & Associates, P.A., our Fort Lauderdale divorce attorneys are dedicated to providing the legal help our clients need.  To learn more about what we may be able to do for you, contact us today by calling 954-580-8080.

Post-Divorce Financial Checklist

1. Credit cards and bank accounts–If you haven’t already taken decisive steps to establish yourself financially, now is the time to do so. Make sure you have a credit card in your own name, as well as a checking and savings account at the bank of your choice. Your goal is to begin building credit in your name as soon as possible. If you are able, settle all outstanding bills with your attorney, and double check to ensure all joint accounts with you and your ex have been closed.
2. Real Estate or Other Property—Once your final decree is in, go over it carefully, double-checking to make sure that what you believe is yours really is. Divide all property as set forth in the decree, then transfer ownership of all the deeds for property awarded to you such as homes, autos or boats, then have them recorded at your county offices or Motor Vehicle Office. If you were required to refinance or assume a mortgage, take care to complete the process.
3. Insurance—Make sure the beneficiaries on your life insurance policies adequately reflect your new single status by removing your ex as beneficiary and replacing with your children or another family member. In some cases the courts will order you to leave your ex as beneficiary on a life insurance policy to compensate for any benefits you currently receive should the spouse die.  Make necessary revisions to your health insurance as per your divorce decree. If you were on your spouse’s health insurance, either begin COBRA coverage or start a new individual policy. Change your homeowner’s and automobile insurance policies to reflect only your own name as the insured.
4. Retirement Accounts—Change your retirement and pension plan beneficiary, and if you executed a QDRO as part of your divorce settlement, follow up to ensure the plan administrator accepted the order and it has been properly filed with the court.
5. Estate Planning and Taxes—Have your will re-done by an estate planning attorney, designating guardians for your children if necessary. Don’t forget to update your power off attorney and health care proxy documents if you have them, naming a trusted relative in the place of your ex. If you have a CPA, review your tax withholding allowances with him or her to determine whether you will be required to make estimated quarterly payments. It’s also a good idea to check on your overall tax status with a qualified CPA, as tax issues following a divorce can come back to bite you long after the divorce is over.

Other Post-Divorce Issues to Consider

If you’ve reverted to your maiden name, or changed your name in any other way following the divorce, you will first need to notify the Social Security Administration of the name change, then will need to apply for a new driver’s license with your new name. You will also need to notify any creditors of your name change. Should you move out of the marital home, fill out appropriate change of address forms at your post office to ensure you receive all important post-divorce documents.

As the parent who has been court-ordered to pay child support, make sure you pay it in a timely and consistent manner. If you are paying spousal support–no matter how unhappy about it you may be–pay it on time and without controversy. Should you change jobs, be sure to notify your new employer if you were previously subject to automatic withholding for your child support payments.  For parents who do not have primary custody of the children, take your visitation rights seriously—keep to the schedule, be on time, and try to do your best to be a real parent to your children during visitation times without showing negativity toward your ex. If you have any questions or concerns regarding your final divorce decree be sure to discuss them with your Fort Lauderdale divorce attorney.

If you or someone you love is considering filing for divorce, we can explain your rights and guide you through the appropriate divorce process.  At Eric N. Klein & Associates, P.A., our Fort Lauderdale divorce attorneys are dedicated to providing the legal help our clients need.  To learn more about what we may be able to do for you, contact us today by calling 954-580-8080.