Understanding and Dealing with Post Divorce Issues Such As Contempt Actions

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There are some statistics that you hear and you say, okay, that doesn't surprise me because I would have guessed that the numbers surrounding this situation would be similar to these findings. But there are others that make you take a step back and say wow, and the statistics on child support delinquency fall into this category. In the United States as a whole, only half of the court ordered child support payments are paid in full. To make matters worse, 25% of the parents who are required to pay child support in this country have not paid one red cent. When you think about that number, it is truly staggering. This is not a punishment or a fine that is going into the public coffers; this money represents food in a child's stomach, clothes on a child's back, and a roof over his or her head.

 

When you do not pay child support, you are violating a court order. One thing that the obligee can do when he or she is not receiving the support payments that have been ordered is to notify the Florida Child Support Enforcement program and request that they file a contempt action. A warrant for the arrest of the obligor can be issued, and the delinquent parent will then have to face the court to answer the contempt charge. The potential penalties include suspension of drivers license and even hunting and fishing licenses and jail time. The possibility of loss of license and a stint behind bars can get his or her attention and force this individual to bring those payment up to date. 

 

Another reason why a plaintiff might bring a complaint action in response to a post divorce issue would be for a violation of an injunction for protection from domestic violence. Depending on the details of the case and previous offenses, conviction on such a contempt charge can result in a period of incarceration and a hefty fine. 

 

If you have questions or concerns about post divorce issues such as contempt actions, contact a Pensacola military divorce lawyer to arrange for a free consultation. The best divorce attorney Pensacola Florida will give you the help you need with all aspects of a Pensacola FL divorce

Ways Grandparents and Third-Party Custody/Visitation May Affect People

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When people file a petition for dissolution of marriage in the state of Florida, an overwhelming majority of them want to do everything possible to make this hard transition as easy as it can possibly be on their children. When you look at the statistics 90% of divorces are uncontested, meaning that the divorcing couple can agree on all of the terms. So the people who can't agree on matters involving the children, such as a shared parenting schedule or a custody/visitation arrangement are a relative few.

 

Since such a high percentage of individuals who are going through a divorce in Florida work together cooperatively for the good of all concerned, it would stand to reason that the majority of mothers and fathers have no problem granting visitation rights to the grandparents of their children. So when you look at the subject of grandparents visitation rights from a legal perspective, you need to ask yourself why any mother or father may wish to deny visitation. 

 

The rights that mothers and fathers have to raise their children are inherent and strongly supported by the court. So, grandparents can seek visitation rights in instances when the grandchildren are not living with both parents, but the court will take numerous things into consideration. These would include the length and depth of the relationship between the grandparents and the grandchildren and how the grandchildren feel about visiting  their grandparents if they are mature enough to understand the situation. 

 

But there is one more aspect which the court will probably look at, and that's the readiness of the grandparents to encourage the connection between the mother and father and their kids. To put it differently, the key reason why the custodial mum or dad might be denying the grandparents visitation rights could possibly be simply because this mum or dad doesn't approve of the way she or he is being portrayed in discussions between the grandparents and the dependent kids under consideration.

 

Grandparents may be given custodianship of their grandchildren in specific situations. These might include situations where the mother and father are departed or perhaps absent for whatever reason or regarded to be unfit custodians of their kids. In order to gain custody of the children in the latter situation it will be up to the grandparents, or even some other interested 3rd party, to produce a powerful case to the court showing that the custodial mum or dad is without a doubt unfit. 

 

When you have questions or worries regarding grandparents and third party custody/visitation, speak to a Pensacola family attorney in order to request a complimentary discussion. A good family law attorney Pensacola Florida can provide the assistance you may need with any aspect of a Pensacola FL divorce

Understanding and Dealing with Restraining and Protective Orders

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Most divorce proceedings in the state of Florida are amicable, and this is largely due to the fact that couples who have made the decision to dissolve their marriages have generally taken some time to live apart, cool down, and make sure that the union cannot be repaired. This is a very good thing because hard feelings are not good for anyone, but when a couple who is splitting up have children, it can be traumatic for them to experience ongoing ill will between their parents even after they have made the decision to divorce.

 

Though most people can act civilly toward one another when they are going through a dissolution of marriage proceeding and many part as friends, a small percentage of divorce cases can take a violent turn. There are instances when the root cause of the divorce filing was an abusive situation, and in others the news that a divorce action is underway can result in a violent or threatening reaction from the respondent. The first thing that should be emphasized is that your first point of contact if you feel that you are at risk is the police. But you also have legal recourse in the form of what is called a restraining or protective order in most states but in Florida is termed an injunction.

 

Protective orders basically make it a crime for a threatening or abusive individual to make contact with the object of his or her wrath. In Florida you can request that an injunction for protection from violence be issued through the circuit court in the county you are either living in or staying in temporarily. The accused has a right to be heard before a permanent ruling can be made, but at the court's discretion a temporary injunction for protection can be issued "ex parte," which means without the alleged abuser being present. A full hearing must be scheduled within 15 days of the issuance of this temporary injunction, and a final decision will be rendered at that hearing after all of the admissible evidence has been presented.

 

If you have questions or concerns about restraining and protective orders, contact a Pensacola military divorce lawyer to arrange for a free consultation. The best divorce attorney Pensacola Florida will give you the help you need with all aspects of a Pensacola FL divorce

Understanding and Dealing with Modification of Child Support, Custody and Alimony

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The original terms that are in place when a dissolution of marriage proceeding becomes final in the state of Florida are not necessarily permanent. Modifications can and do take place, and they are appropriate when the circumstances that were used to determine the original terms change, and they often do because life doesn't stand still. One divorce term that can be modified should a substantial change of circumstances take place is that of alimony or spousal support if it was originally ordered by the court. However, if the original spousal support agreement was entered into privately, the terms of the contract would hold sway, and the court may have no jurisdictional authority.

 

Another one of the divorce terms that is sometimes modified would be child custody, and when you think about a child custody modification you may conjure images of an unfit household. This is one cause for modification, but there are cases when both parents agree to a change of custody. This can be due to the parents coming to the conclusion that a change may be in the  interests of the child in question, or simply because the child requested the modification.

 

Though spousal support and child custody modifications do occur, child support is the divorce term that is most frequently modified. The state of Florida uses the Income Shares Model to determine the amount of child support that is called for, and the initial amount that is set will be based on the shared financial situation that existed at that time. As the years pass and the income levels of the parents change, the amount of child support that is appropriate can change as well. According to the Florida Statutes the altered financial circumstances must result in a difference of 15% or $50 from the existing child support payment amount to be considered significant enough to warrant a modification. 

 

If you have questions or concerns about modification of child support, custody, and alimony, contact a Pensacola military divorce attorney to arrange for a free consultation. The best divorce attorney Pensacola Florida will give you the help you need with all aspects of a Pensacola FL divorce

Some Simple Advice As Well As Details With Regards to Pre-Nuptial and Post Nuptial Agreements

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Within Florida and around the country, pre-nuptial agreements will be entered into by partners prior to marriage to delineate the personal property of the respective parties. It is common for people to hear the term and categorize it as something that is only appropriate for the rich and famous, but this isn't entirely true. People of means may see these agreements in a more measured light, but they can in fact be useful to people who wouldn't consider themselves to be wealthy at all. You will need to understand the truth that the operative word here is "agreement." An agreement is usually something that benefits both people and it is entered into freely. The bad rap comes in when people choose to look at the word "agreement" and see the word "ultimatum."

 

Let's take a look at an example of how a pre-nuptial agreement can make a lot of sense and be hard to argue with. Let's say that Paul and Susan have fallen in love and they are actually going to get married. Susan was previously married for 20 years and has one child, an 18-year-old son named John. The only substantial asset she is bringing to the marriage is a house that she bought with the help of John's father, who passed away when John was 13. Paul is a free spirit who has never been married, a musician with no assets. Would Susan's commitment to Paul be suspect if she was to ask him to sign a pre-nuptial agreement declaring that this house was her personal property, motivated by the desire to make sure that it went to her only child if something was to happen to her?

 

Post nuptial agreements are generally not as commonly discussed as pre-nuptial agreements, but they can actually help people stay together and save marriages that would otherwise end in divorce. It is safe to say that a really high percentage of marital disagreements revolve around the topic of money. A method to put these arguments to rest is to simply enter into a post nuptial agreement that divides the community property between the individuals involved and they can each go forward making their own personal financial decisions without having to dissolve the marriage to do so. 

 

For those who have questions or concerns about pre-nuptial and post nuptial agreements, contact a Pensacola child custody attorney to arrange for a free consultation. The best divorce lawyer Pensacola FL will provide you with the help you'll need with all aspects of a Pensacola FL divorce

Ways Divorce and Separate Maintenance Proceedings May Affect People

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It is not uncommon for partners who are going through marital strife to live apart for a while before taking the final step and filing for divorce. This can be a spontaneous act or something that is planned out in a measured fashion, but it is usually a good thing in either event. Divorce is a big step, and married couples are committed not just to themselves, but to their immediate and extended families. Severing these bonds is not something that should be taken lightly, and you will never know exactly how it would feel to live apart from your spouse unless you have actually had the experience. A trial separation provides you with a good idea of whether or not divorce is the best course of action.

 

Whenever a married couple gets divorced the problem of spousal support is among the terms that should be decided upon. If one of the partners was making a contribution by staying home and taking care of the children and managing the household while the other worked outside the home this person may require some financial support in the event of a divorce. Spousal support is usually agreed upon by the divorcing couple, and it may also be requested by the court. But what happens if the same financial situation exists when couples are living separately but not divorced?

 

In the majority of states the status of legal separation exists, but in Florida there is no such thing as legal separation. In spite of this, in several instances the court can be petitioned to order a payment known as separate maintenance that serves exactly the same purpose as spousal support but is paid when a couple is separated rather than divorced. Couples who choose to live separately may also enter into a private contractual agreement elucidating the terms of the separation with the assistance of a skilled Pensacola family attorney who has a background handling separate maintenance matters. 

 

If you have questions or concerns about divorce and separate maintenance proceedings, contact a Pensacola FL custody lawyer to arrange for a free consultation. The best divorce lawyer Pensacola FL will give you the help you need with all aspects of a Pensacola FL divorce

Understanding and Dealing with Alimony and Spousal Maintenance

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The payment that is sometimes made by one former spouse to the other after they are divorced has traditionally been known as alimony, but these days the terms spousal support and spousal maintenance are alternately used. The subject is covered in Chapter 61 of the Florida Statutes, and the law formally refers to this payment as spousal support. Back in the days when the vast majority of families were headed by a husband who acted as the sole breadwinner and a wife who filled the role of homemaker, this was a payment made by the man to the women. However, spousal support can technically be paid by either party to the other depending on the specifics of the case, but even today when it is paid it is usually paid by the former husband to his ex-wife.

 

The state does not proceed from the standpoint that spousal support is a given. Each individual is expected to be self supporting and the matter of possible spousal support is decided on a case-by-case basis. For the purposes of identification, the individual who is seeking the payments is deemed the "dependent" spouse, and the person who would be making the payments is referred to as the "supporting" spouse. Spousal support can be permanent, which is exactly what it sounds like, or rehabilitative. Rehabilitative spousal support would involve temporary payments intended to help the dependent spouse get by while he or she was obtaining the education or training necessary to reenter the workforce and become financially self sufficient.

 

It should be mentioned that a divorcing couple can agree to a privately constructed spousal support arrangement, but if they do the court may have no jurisdiction to hear an action for modification of spousal support in the future should the financial circumstances of one or both of the parties change. 

 

If you have questions or concerns about alimony and spousal maintenance, contact a Pensacola military divorce attorney to arrange for a free consultation. The best divorce attorney Pensacola Florida will give you the help you need with all aspects of a Pensacola FL divorce

Evaluating the Most Appropriate Ways in Which to Tackle Military Divorce & Related Family Issues Involving the Military

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While you're experiencing a divorce proceeding within the state of Florida you have got a number of unknowns to take care of while you try and work your way through the system and arrive at acceptable terms and conditions with your wife or husband. Nevertheless two specific things which are possibly not likely to present a problem will be the question of residency along with the actual physical availability of your ex-to-be. But, if either within the participants happen to be serving within the United States armed forces, another level of difficulty is present and a lot of these relatively routine aspects could become road blocks to the process.

 

As stated by Chapter 61.021 within the Florida Statutes either the actual petitioner or the respondent needs to have lived within the state for a period of time of no less than 6 months before the motion in order to be thought of as a resident for the purpose of registering a dissolution of marriage petition. For members within the military that might have been recently stationed across Florida, or perhaps for individuals that call Florida home however are positioned or deployed in a different place for sizeable time periods, this specific condition can stand in the way of going forward with a divorce proceeding. 

 

A further separation and divorce situation which is particular to members of the armed forces will involve the Servicemembers Civil Relief Act. This specific act was handed down in 2003, and one of the provisions advises that men and women that happen to be on active duty within the military will not be expected to deal with civil actions until such time as they've been discharged. Which means that, if you reside in Florida and your wife or husband happens to be on active duty in Afghanistan, he / she doesn't need to reply to a divorce petition which you might submit until after release from the military. 

 

Armed forces service deployments and transfers might cloud family matters such as custody and support too. It's always a smart idea to seek legal advice when you're getting divorced, but men and women within the armed forces have an additional dimension of legal complexity to take care of, making use of family law knowledge much more important. 

 

Should you have questions or worries concerning military divorce and related family issues involving the military, make contact with a Pensacola FL divorce attorney in order to request a complimentary assessment. A good divorce attorney Pensacola FL can offer the assistance you're looking for with any aspect of a Pensacola FL divorce

Partners' Adoption Queries Clarified

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Adopting a young child may be the single most fulfilling experience of your whole life when you accept another individual and present this individual with all the love and attention they will need to develop into content, wholesome, and well adjusted adults. Why folks look at adoption range beyond the classic situation regarding a husband and wife that is unable to have a baby biologically deciding to begin or perhaps enhance their family unit by adopting a child. There can be people that just wish to reach out and fulfill a current requirement, and also others adopt stepchildren, close family members, or maybe other people that are currently known to them.

 

The emotional motives which cause individuals to think about becoming adoptive moms and dads are usually self evident, however when you get to the conclusion that you're seriously interested in adoption there is lots which needs to be carried out and it may be tough to recognise how to start. A lot of people that adopt throughout the state of Florida use an adoption agency or possibly a family lawyer whose practice puts a focus on adoptions. The public adoption organization within the state is going to be the Florida Department of Children and Family Services. All private adoption organizations will have to undergo the licensing procedure that is passed down by the DCFS.

 

Just about any adult will be qualified to adopt throughout the state of Florida provided that she or he is regarded as being of good character as well as in a position of providing for the child in financial terms as well as emotionally. Among the many prerequisites which you will have to undergo in order to be accepted as an adoptive mum or dad is usually to successfully complete a home study. This is where social workers and/or mental health specialists assess you, your house, and also the rest of your family in order to ascertain if the environment which the child will be coming into is conducive to a successful adoption which will stand up to the test of time. 

 

If you want to learn a little more about adoptions as well as the legal aspects involved, the most effective plan of action is always to speak to a Pensacola family attorney for a complimentary discussion. A good family law lawyer Pensacola will help you with all aspects of the adoption process. Contact a custody attorney Pensacola for more information. 

Understanding and Dealing with Child Visitation, Legitimation and Paternity

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When people who are not legally married have children the onus is on them to establish the paternity of the father so that he can assert his rights and meet his responsibilities as a parent. Though there are some steps that must be taken,  Florida makes it relatively simple to establish paternity, especially in cases when there are no questions in the minds of the individuals involved with regard to the parentage of the father.

 

Couples who are unmarried but mutually participating in the birth of their child can establish the paternity of the father before they ever leave the hospital or medical center. These facilities make form DH-432 available, which is the Florida Acknowledgement of Paternity document. The parents must fill this out and sign it and the hospital will then submit it to the Office of Vital Statistics.

 

Couples can also obtain this form after the fact, fill it out and sign it in the presence of a notary public or two witnesses, and file it with the Florida Office of Vital Statistics. You can actually download the form from the official Florida Department of Health website. Another way that paternity can be established when there is no disagreement between the parents regarding the parentage of the father would be through the process of legitimation, which is to get married and inform the Office of Vital Statistics so that they can update the child's birth records.

 

There are cases when there is a paternity dispute, and these usually take place when a mother wants to establish the parentage of the father in an effort to obtain child support payments. There are however, cases when the person claiming to be the father will initiate the action in an effort to gain his legal rights as a parent. In either type of case paternity can be established by the court or via an administrative order of paternity through the use of genetic testing. 

 

If you have questions or concerns about child visitation, legitimation, and paternity, contact a Pensacola military divorce lawyer to arrange for a free consultation. The best divorce attorney Pensacola FL will provide you with the help you'll need with all aspects of a Pensacola FL divorce