Author: JONATHAN JACOBS

Florida Family Law Notice of Related Cases

Name: Jacobs Law Firm, PLLC
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Posted by JONATHAN JACOBS on April 27, 2018

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

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

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

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

For more information please continue reading.

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

Florida Family Law Notice of Limited Appearance

Posted by JONATHAN JACOBS on April 21, 2018

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

Florida Family Law Rule 12.040

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

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

Florida Family Law Notice of Limited Appearance

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

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

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

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

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

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

Affidavit of Corroborating Witness in Florida

Posted by JONATHAN JACOBS on April 16, 2018

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

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

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

Writ of Bodily Attachment Child Support Florida

Posted by JONATHAN JACOBS on April 12, 2018

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

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

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

Florida Child Support Attorney

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

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

Divorce Consultation Orlando

Posted by JONATHAN JACOBS on April 4, 2018

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

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

Florida Family Law Attorney

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

Child Support Deductions in Florida

Posted by JONATHAN JACOBS on March 31, 2018

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

Alimony and Allowable Child Support Deductions in Florida

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

Mandatory Union and Retirement Deductions

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

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

Duty to Update Financial Affidavit in Florida

Posted by JONATHAN JACOBS on March 28, 2018

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

Financial Affidavit in Florida

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

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

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

Florida Parenting Coordinator

Posted by JONATHAN JACOBS on March 18, 2018

Perhaps you have heard of the substantial and largely beneficial impact most Florida Guardian Ad Litems have had on the well-being of children and families. Since approximately 2009, another alternative has been legalized in the Florida family law courts, provided by a Florida Parenting Coordinator. Locally, Judges are free to appoint an Orange County Parenting Coordinator. This alternative dispute resolution, as adopted by the Florida Legislature pursuant to Florida Statute 61.125, is a form of dispute mollification/resolution that is centered on the needs of the child. Let’s think about the needs and best interests of the child. The child (a hypothetical construct for purposes of this article, though one that can be transposed into any number of family life scenarios) has certain basic needs. These needs include the minimization of conflict between the parents. Parents should limit the yelling, screaming, incessant bickering, rebuke, and stop placing their child(ren) in the middle of their fights as though the minor child is supposed to have to listen to them and choose a side. Dial 407-335-8113 to speak with Jacobs Law Firm if your case involves a parenting coordinator or guardian ad litem.

In addition to attorneys having the option of moving the court to appoint a guardian ad litem, the parties, the judge, or the attorneys may move the court to appoint a Florida parenting coordinator. A Florida parenting coordinator is either a mental health professional or someone with a background in the law that has undergone extensive training (Florida has certain minimum requirements to ensure this person is thoroughly trained and can really help families). Two important Statutory qualifications a Florida Parenting Coordinator must possess are: [they must be: “Be licensed as a physician with certification by the American Board of Psychiatry and Neurology, [OR] Be certified by the Florida Supreme Court as a family law mediator, with at least a master’s degree in a mental health field.”

Your Florida Parenting Coordinator will offer her/his assessment of your individual and mutual interactions with your child(ren). These insights are intended to assist one or both parties in better appreciating and communicating with their child(ren). Parenting coordinators are in theory unbiased and impartial. Of course, after observing each unique household’s style of raising their child(ren), the parenting coordinator may develop an ironclad sense of what changes may need to be made to establish a safe and secure environment. Conflicts of interest can arise and lead to disqualification.

Orange County Parenting Coordinator

Most Florida Circuit Courts, including the Orange and Osceola Ninth Circuit Court offer lists of qualified parenting coordinators ready, willing, and able to help with your contested parenting situation(s). If you have any doubt about whether you may be eligible for the appointment of a parenting coordinator because you are a grandparent, or other legal guardian, according to the Rules for qualified parenting coordinators, “parent” refers to the child’s “mother, father, legal guardian, or other person who is acting as a parent and guardian.”

Florida Parenting Coordinators are trained to be on the lookout for unusual and detrimental behaviors among the parents. Similar to a Guardian Ad Litem, a Florida parenting coordinator must watch the parties to ensure there is no substance abuse, mental health issues, or domestic violence. Call Jonathan Jacobs, a caring a compassionate Florida family law attorney who can help you with your family law legal issues.

Groveland Florida Divorce Attorney and Davenport Divorce Attorney FL

Posted by JONATHAN JACOBS on March 17, 2018

Jacobs Family Law Firm is ready to help you achieve your goals in divorce and paternity cases. Call 407-335-8113 today for the help you need and answers to your important questions. As a Groveland Florida Divorce Attorney in Lake County, and a Davenport divorce attorney FL in Polk County,, we know how difficult divorce and paternity can be for you personally, professionally, and for your family. During our first consultation with you, we will discuss the legal issues your case presents, listen to your story to find out how best we can help, answer your most important questions, and determine how much we would charge for those services (payment plans are welcome, we accept cash, credit card, and flat fee agreements). Generally, our clients are interested on achieving amicable solutions. Our experience with family law can make a substantial difference for the outcome of your case. If you have done your best to resolve your issues, and the other side has been uncooperative or unfair to you, we want to help you! Call your Davenport Florida divorce attorney and Groveland Florida divorce attorney today at 407-335-8113. We practice uncontested divorce, collaborative divorce, and contested divorce and paternity.

Davenport Divorce Attorney FL, Groveland Divorce Attorney

When you are petitioning for divorce of paternity in Groveland, it is likely your case will be litigated in Lake County. For those of you living in Davenport, you will likely litigate in Polk County. Every case involves issues with jurisdiction (does the family court have the authority to hear your case) and venue (what is the right county for your divorce or paternity action). It is important to resolve at the beginning whether the Florida court can decide your case, and where your case should be filed or moved to if necessary.

Here at the Jacobs Family Law Firm you may expect courtesy and professionalism, as well as caring and compassionate representation. Attorney Jacobs is a former educator. He enjoys explaining the ins and outs of the law to make family law understandable and relatable. It is important that our clients know what to expect during their divorce. Whether your case involves divorce, paternity, child custody/timesharing, child support, alimony, property and asset division, or otherwise, please call us at 407-335-8113 and ask if we will be your Davenport divorce attorney FL or Groveland Divorce Attorney.

How Long Do You Have to Be Separated to get a Divorce in Florida

Posted by JONATHAN JACOBS on March 10, 2018

How long do you have to be separated to get a divorce in Florida? This is a popular question among clients seeking a divorce/dissolution of marriage in Florida. People ask this question because the Florida Statutes are relatively silent on whether you can file for a divorce immediately. The answer (generally speaking) is there is no set amount of time between spouses breaking up and when they may file/petition for divorce. In most cases, the timing of your filing is relevant to the issues in the case such as alimony, equitable distribution, timesharing with the children and child support in an action for dissolution of marriage. The more appropriate question, that is governed by Florida law, is how long do you have to live in Florida before you can get a divorce? The answer seems easy, but a two part analysis is appropriate. Call the Jacobs Law Firm for representation for your uncontested or contested divorce at (407) 335-8113 or e-mail us at admin@jjlawfl.com for the help you need with your divorce or family law case.

How Long Do You Have To Live In Florida Before You Can Get A Divorce?

Some marriages last for a relatively short period of time (days, weeks, or months) while other marriages may last for years or decades. Let’s ask again, how long do you have to be separated to get a divorce in Florida? There is no specific requirement in the Florida Family Law Rules requiring that the spouses must be separated for days or weeks or months or years before petitioning for divorce. Partially, this is because Florida is a no fault divorce state. Also, each case presents a unique set of circumstances, which you may already be aware of if you are seeking marital dissolution (dissolution of marriage is the legal title for divorce in Florida). You may petition for divorce or annulment at any time after you are married. Once your petition is filed, in some cases there may be a 20 day waiting period before a family judge will grant your divorce (one of the many technicalities in the Florida Family Law Rules of Procedure). However, there is always a question about jurisdiction in divorce cases.

The more time the spouses have been married, the more marital assets they may have accrued, and the more financial considerations may be at play if alimony and equitable property distribution are issues in the case. Let’s move on to the more pertinent question, how long do you have to live in Florida before you can get a divorce?

How Long Do You Have to Live in Florida Before You Can Get a Divorce?

The Florida Statutes are quite definite in their answer to this question, and the answer may affect your ability to file a petition immediately. Florida Statute 61.021 answers our question succinctly, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Read carefully. Only ONE of the parties to the marriage must have resided in the State of Florida for 6 months prior to filing for divorce. This means that if one spouse has lived in Florida for 6 months or longer and the other spouse has moved to another state, or never moved to Florida at all, it is likely the party residing in Florida can successfully petition the Florida court for a dissolution of marriage. This rule governing jurisdiction applies even if your divorce is uncontested.

For more information on subjects such as Florida divorce, Florida alimony, child support, child support health care, Florida parenting plans, and other family law topics, click on any of our links provided by the Jacobs Law Firm. Call our uncontested divorce attorney in Orlando today at (407) 335-8113 or e-mail us at admin@jjlawfl.com for the help you need with your divorce or family law case.