Category: Divorce and Family Law

Domestication of Foreign Divorce Judgment in Florida

Name: Jacobs Law Firm, PLLC
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Posted by Law Firm Admin on September 10, 2023 with 0 Comment

Many divorced parents are moving to Florida for a better life. A large number of you also have a child custody order from another state. For good reason, people who are divorced want to take their final judgment here to Florida. It makes sense to want a domestication of foreign judgment Florida divorce. Why would anyone living in Florida prefer to litigate thousands of miles away in their former state when they now live here in Orange, Lake, Osceola, Seminole County, etc.? To domesticate a foreign judgment in a divorce, your divorce attorney Orlando may recommend you follow several technical procedures. This is a challenging lawsuit that is best handled by a Clermont divorce attorney. First, you may choose to file a petition to domesticate and enforce out-of-state custody order in Florida. By filing this sort of petition, and following all statutory requirements, you may be able to have your case transferred here to a Florida family court. Call Jacobs Law Firm and speak with Attorney Jonathan Jacobs about domestication of foreign divorce judgment in Florida. Dial 407-335-8113 today.

Domestication of foreign judgment in a Florida divorce means you will need to file the petition to domesticate and enforce out-of-state custody order in Florida. Your petition will need to be accompanied by an official copy of the final judgment, marital settlement agreement, and parenting plan from the state where you last litigated your case. The final decree must be the last final judgment and it is best if litigation is not pending to avoid dismissal or an interstate jurisdiction battle. You will need to file an affidavit attesting to this fact. Notice must be provided to the other parent pursuant to statutory law. The language is based on the statute and is quite specific. Pay careful attention to the requirements of domestication of foreign divorce judgment in Florida. There are a number of other requirements you must follow to be successful.

A former spouse may want the domestication of foreign judgment Florida divorce to ensure that the parenting plan can be enforced locally. It may be a deterrent toward future litigation if the other party lives a tremendous distance away from the court you have transferred your case to. It also will allow Florida law (generally) to be applied to your out-of-state decree. If your petition to domesticate and enforce an out-of-state custody order is granted and registration occurs, the parenting plan and child support can be enforced, potentially modified, and applied under Florida law. Call Attorney Jonathan Jacobs, divorce lawyer Orlando, divorce lawyer Clermont to find out if your case is a good candidate for a petition to domesticate and enforce out-of-state custody order in Florida. Dial 407-335-8113 today to start the process of domestication of foreign divorce judgment in Florida!

Motion for Summary Judgment Florida Divorce

Posted by Law Firm Admin on August 21, 2023 with 0 Comment

Florida Family Law Rule of Procedure 1.150 “Summary Judgment”, also known as Fla. Fam. Law. R. P. 12.510 is about drafting and filing a motion for summary judgment in a Florida divorce. Florida Family Law Rule of Procedure 1.150 Summary Judgment provides (in essence) that either party may ask the court to grant an end to your case. When a court grants summary judgment, it means the case will be decided based on the evidence available at that time (provided the facts are undisputed), meaning the case will essentially stop in its tracks. For example, if it is irrefutably proven that both parties earn the same income and that neither side has a need for alimony (they both have a surplus and no need for alimony) a party may wish to file a motion for summary judgment Florida divorce to seek the conclusion of the case without the need for trial. Call Jacobs Law Firm at 407-335-8113 to speak with an Orlando divorce attorney and Clermont divorce attorney to receive the help you need.

Did you know that Florida Family Law Rule of Procedure 1.150 Summary Judgment requires the movant (person asking for the court to grant SJ) to state in capital letters the following message:

A RESPONSE TO THE MOTION FOR JUDGMENT MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE OTHER PARTY NO LESS THAN TWENTY DAYS PRIOR TO THE HEARING DATE. YOUR RESPONSE MUST INCLUDE YOUR SUPPORTING FACTUAL POSITION. IF YOU FAIL TO RESPOND, THE COURT MAY ENTER ORDERS GRANTING THE SUMMARY JUDGMENT OR FINDING FACTS TO BE UNDISPUTED.

If this bold-lettered message is not properly provided, a judge can as a matter of law deny a motion for summary judgment in a Florida divorce or paternity case.

When can you ask for summary judgment? Subsection (b) of Fla. Fam. Law. R. P. 12.510 provides that you may ask the judge for summary judgment at any time after the expiration of 20 days from the start of the case or after service of a motion for summary judgment by the adverse party. Further, the person requesting this outcome must serve the motion at least 40 days before the time fixed for the hearing that will result from service of the motion itself.

Perhaps the best news for practitioners such as Attorney Jonathan Jacobs is that a motion for summary judgment Florida divorce allows him to make use of the records from the case. In the motion and at the subsequent hearing, you can cite to depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, and/or other materials and or other materials at the court’s discretion. The other side has to serve a response at least 20 days before the time fixed for the hearing. Call Jacobs Law Firm today at 407-335-8113.

Florida Alimony Reform 2023 and Retirement

Posted by Law Firm Admin on July 25, 2023 with 0 Comment

SB 1416, which is now Florida Statute 61.08 (Florida’s new alimony statute) signed into law by Governor DeSantis, is Florida’s alimony reform bill passed this year in 2023. This article is about Florida alimony reform 2023 and retirement. Alimony reform has modified the way family courts may consider alimony modification in Florida. Rather than leaving the alimony statute as nebulous and subject to an individual court’s interpretation and/or a hodgepodge of case law, SB 1416 has redefined how retirees paying alimony may be able to obtain relief. Jonathan Jacobs is a Florida alimony attorney with offices in Winter Park/Orlando and Clermont Florida. When you need to speak with an experienced alimony lawyer about how the new alimony reform Florida 2023 may impact you, call 407-335-8113 to schedule a thorough consultation.

Pursuant to Florida’s new alimony statute and its subsections about Florida alimony reform 2023 and retirement, “In reasonable anticipation of retirement, but not more than 6 months before retirement, the obligor [person paying alimony to their former spouse] may file a petition for modification of his or her support, maintenance, or alimony obligation, which shall be effective upon his or her reasonable and voluntary retirement as determined by the court pursuant to the factors in subparagraph 2.” It is important to note that most family law statutes in Florida provide for a number of factors the court may or must consider when ruling on timesharing, alimony or child support. This is what we often refer to as a totality of the circumstances principle. Florida Statute 61.08, Florida’s new alimony statute further provides that: “The court shall give consideration to, and make written findings of fact regarding, the factors in subparagraph 2. and s. 61.08(3) when granting or denying the obligor’s petition for modification; when confirming, reducing, or terminating the obligor’s alimony obligation; and when granting or denying any request for modification, the date of filing of the obligor’s modification petition, or other date post-filing as equity requires, giving due regard and consideration to the changed circumstances or the financial ability of the parties.”

The factors include, but are not limited to the age and health of the payor (remember, this is the person that is ordered to pay spousal support), their industry (line of work), the typical age of retirement in their field (it could be 55, 65, 67 or even higher), the needs of the payee (are they destitute or otherwise financially self-sufficient), all of the assets both parties have accrued before, during and after the marriage, and whether Social Security or other retirement payments allow for their financial stability.

Florida’s new alimony statute, which is Florida’s alimony reform bill 2023 informs us that when it comes to Florida alimony reform 2023 and retirement, a payor may petition 6 months before retirement to try to plan for a reduction of alimony. This is a helpful and important guideline. Call Orlando alimony attorney Jonathan Jacobs for the help you need. Dial 407-335-8113 today.

Divorce Lawyers in Lakeland Florida

Posted by Law Firm Admin on June 7, 2023 with 0 Comment

It’s time to find the best divorce attorney in Polk County Florida. You are about to file for divorce, or you have already been served with papers. Divorce lawyers in Lakeland Florida understand the procedures and processes from experience. We are knowledgeable to help you with all of your issues. Most divorce cases in Polk County involve some or all of the following issues: child custody (timesharing, parental responsibility, medical expenses, education), child support (how much, how often, based on certain sources of income and allowable deductions), the equitable distribution of marital assets (cars, houses, land, 401Ks, retirement accounts, bank accounts) and liabilities (equity loans, mortgages, credit card debts, student loans, etc.). Call Jacobs Law Firm to speak with Attorney Jonathan Jacobs, Lakeland divorce attorney by calling 407-335-8113. Ask us about Florida’s alimony reform 2023.

Divorce lawyers in Lakeland Florida know that each judge has their unique policies and procedures. This can impact your case in a number of ways. You may want a hearing on timesharing and child support before mediation has occurred. The best divorce attorneys in Polk County Florida know the judge’s preference for when hearings should occur. This includes whether a meet and confer is necessary, the proper timing for the filing of a non-emergency motion, and how to schedule with the court.

As a Lakeland divorce attorney, Jacobs Law Firm knows it is important to prepare your family law case from the beginning in an organized and meticulous manner. The best way to approach a family case is to ensure all mandatory disclosures are exchanged. This helps us as your counsel to determine the best equitable distribution framework for your case. Ensuring all documents have been exchanged also allows us to be sure all of your issues are addressed.

Any divorce lawyers in Lakeland Florida should obtain all of the documents necessary to determine your alimony, child support, distribution of assets and liabilities. Retrieving and assembling a complete case file helps an attorney develop a strategy for your case and identify reasonable settlement terms. When your case requires a hearing or if you are going to trial, Polk County is a good place for family litigation. The judges and general magistrates are fair and the system moves at a good pace when compared with other counties.

Call 407-335-8113 today to speak with divorce lawyers in Lakeland Florida, Lakeland divorce Attorney Jonathan Jacobs. We offer flat fee rates and enjoy working with clients.

Divorce Attorney Sumter County Florida

Posted by Law Firm Admin on May 31, 2023 with 0 Comment

Jonathan Jacobs is a divorce attorney Sumter County Florida that listens to his clients and cares about their needs. As a Bushnell Divorce Attorney, Mr. Jacobs recognizes that each county presents unique cases and facts. Sumter County offers a great deal of larger homes with more land, as well as an abundance of senior living communities. This makes a lot of Sumter County divorce cases focused on estate planning, the equitable distribution of marital homes, and family issues with minor children (what you might expect when the Villages are involved). When you need to speak with an experienced and compassionate counsel, call Jacobs Law Firm and schedule your hour-long consultation. It is important you learn about the divorce process, the options you may have, and why settling your case reasonably can help save on legal expenses. Dial 407-335-8113 today.

Sumter County has the highest population of 65 or older people in the State of Florida. When spouses need a best divorce attorney Sumter County Florida, it likely means they have been married for a very long time. This means their case likely involves more retirement issues, assets, liabilities, and many other issues dealing with financial affairs. Retirement communities often house younger people going through child custody issues and temporarily living with their grandparents. This is where you may need a Bushnell Divorce Attorney to help sort through your timesharing and child support issues. For instance, your case may involve child support arrearages which may be retroactive two years from the date of filing your case. The case might involve a family home that would otherwise be inheritable.

A Sumter County divorce attorney has experience dealing with larger properties. Sumter County is home to large rural properties that may be multi-acre properties. These can also present uniquely challenging issues with service of process. A divorce attorney Bushnell Florida also knows the standing order for Sumter County and how it could impact your case. This is a unique place for divorce and we want to quarterback your case.

A divorce attorney Sumter County Florida will help you from start to finish with your documents, filing, service, disclosures, settlement offers, mediation, and if necessary, depositions and trial, etc. Call Jacobs Law Firm when you need experienced and compassionate representation during this difficult time in your life. Dial 407-335-8113 today and speak with Attorney Jonathan Jacobs about your divorce matters.

Common Law Marriage Florida

Posted by Law Firm Admin on May 25, 2023 with 0 Comment

Do you have questions about common law marriage in Florida? How long do you have to be together for common law marriage in Florida? Are you legally married after living together for 7 years in Florida? What is considered common law marriage in Florida? The answer to all of these questions about this unique type of marriage is that generally there is no such legal precedent in our state. Florida does not offer/have this form of nuptials in our state, with the exception that Florida family courts recognize common law marriages from other states provided they are valid and legitimate. Read on for the answers to all of these questions. Call Jacobs Law Firm, divorce attorney Orlando, divorce attorney Clermont Florida. Dial 407-335-8113 today.

How long do you have to be together for common law marriage in Florida? There is no set amount of time because Florida does not have this type of marriage. Therefore, it could be 2 months or 80 years and it likely does not exist unless the Florida Legislature issues a contrary law. Are you legally married after living together for 7 years in Florida? This sounds more like adverse possession of technically abandoned land/property. The answer is that if Florida common law marriage is not a legally binding thing, then 7 years is an arbitrary and counterfactual amount of time. What is considered common law marriage in Florida? This merely refers to when another type of marriage exists in another state and that couple moves to Florida excepting the same application of the law. Florida courts will generally recognize/accept the couple as married, but will likely not apply the laws of another state to your case in the event of a divorce.

Florida recognized validly executed marriages from other states and from many other countries. It may be helpful to have a marriage certificate as proof. It is common (no pun intended) for people moving to Florida from other states or countries to want to apply the laws of their former home. However, Florida has its own family and divorce laws and courts. It is always best to check with a family law attorney to determine your rights and obligations pursuant to Florida law.

We have asked “do you have questions about common law marriage in Florida?”, “how long do you have to be together for common law marriage in Florida?”, “are you legally married after living together for 7 years in Florida?” and “what is considered common law marriage in Florida?” and answered that marriages from other states may be recognized in Florida, but Florida itself does not offer this type of marriage. Call 407-335-8113 to speak with Attorney Jonathan Jacobs about your divorce.

General Magistrate Florida

Posted by Law Firm Admin on May 10, 2023 with 0 Comment

Florida Family Law Rule of Procedure 12.490 is all about Florida General Magistrates. A general magistrate in Florida family law is an attorney hired by a circuit court to decide cases not otherwise heard by the circuit court family law judge. It is common for a family judge to refer a case to the GM’s office, called an order of referral to general magistrate. This can allow some litigants to seek relief in a shorter time. Judge’s calendars can be full and hearing time can be hard to come by. Not every husband or wife, mom or dad, wants the general magistrate to hear their case. Many want the circuit judge to preside. Some specific matters are referred to the magistrate’s office such as a motion to compel, a motion for temporary relief, or a motion to vacate, etc. Typically, only some aspects of a case are sent to the GM’s office. Why object to general magistrate help with your case? Unless the entire case has been sent to the GM’s office by mutual consent of the parties and their family attorneys, a general magistrate Florida makes reports and recommendations, which can be appealed by exception and heard by the circuit judge. You may need to litigate part of your case twice if this happens. Call Jacobs Law Firm at 407-335-8113.

Why object to general magistrate? Procedurally, a written objection to an order of referral to general magistrate must be filed within 10 days of the service of the order of referral (served by electronic means in most cases). The failure to file a written objection within the applicable time period is deemed to be consent to the order of referral. This does not mean that if the circuit court has referred one aspect that your entire case is now with the general magistrate forever. However, if the entire case is referred and you fail to object, your entire case might not be eligible to be appealed by exception to the circuit court. A general magistrate in Florida family law can be better or worse than a circuit judge. It depends on your case, the facts, the timing, and the circumstances.

A general magistrate in Florida family law can be an attorney of the highest qualifications and ethical standards. Not every attorney is an expert on family law, but most are extraordinary in their knowledge and courtroom demeanor. As with anything else, it depends on the unique facts of your case. Call 507-335-8113 for more information.

Modify Divorce Decree Florida

Posted by Law Firm Admin on April 25, 2023 with 0 Comment

Your Florida divorce case is over…or is it? Does Florida alimony reform 2023 and Senate Bill 1416 allow you to modify alimony? If there is some part of your case you need to change, you can hire us to modify your divorce decree in Florida (generally this is done for your parenting plan) or modify your marital settlement agreement Florida (for the financial awards such as alimony). Modifying a final judgment in Florida comes with a higher burden when your case is being reopened. There are some additional procedural requirements about equitable distribution and child support you need to be aware of that if not followed could lead to your case being dismissed. When you modify a divorce decree, it is best to get it right the first time. In this article, we will discuss some of the common situations where former spouses or former partners seek to change some or all aspects of their parenting plan and/or marital settlement agreement. We also discuss how the unanticipated change in circumstances requirement has been removed. Call child support modification attorney Orlando, and child custody modification Attorney Orlando, Jonathan Jacobs at 407-335-8113.

You are reasonably certain you want to modify divorce decree Florida. Even if Florida alimony reform 2023 is not retroactive prior to cases decided before July 1, 2023, the District Courts of Appeal and Florida Supreme Court will be deciding cases in light of the new alimony reform bill and that could have cascading effects. This may include planning for your retirement. What happens next? The next step is to speak with Jacobs Law Firm. Let us ask about the facts and we can apply case law and statutory law (mixed with our experience) to help you determine if your supplemental petition for modification has a chance of success. It is all about getting past the motion (the motion to dismiss your supplemental petition). You can modify marital settlement agreement Florida by showing there have been what we call substantial change(s) in circumstances. Florida Statutory law formerly required that the Petitioner prove there has been a substantial, material, and unanticipated change in circumstances in order to modify the parties’ Final Judgment. Case law makes it clear this is an “extraordinary burden.” Now, with the passage of SB 1416, the unanticipated standard has been removed. This may well open the floodgates for litigation.

To modify a divorce decree in Florida it is important to show that circumstances have changed since your case ended (when the final judgment was issued by the Court). It could be that you are involuntarily (we all live in a shifting economy where AI and other market and computer generated forces are changing the way many companies do business) unemployed and that you cannot find the same or a substantially similar job. You may need to take a job to survive on a lesser salary. Should you be obligated to pay the same alimony or child support on a lower salary? At some point your own personal survival and standard of living must be considered. The question is will the court allow you to modify marital settlement agreement Florida by ruling your petition for modification of child support or petition for modification of alimony or timesharing will get past a motion to dismiss. Using experience, writing/drafting skills, and case and statutory law, Attorney Jacobs can help you with your case. Call 407-335-8113 today.

Waive Child Support Arrears in Florida

Posted by Law Firm Admin on April 14, 2023 with 0 Comment

Can you waive child support arrears in Florida, and can child support be waived if both parties agree? The general rule according to case law is that: “A child’s right to support may not be waived by a parent, see Strickland v. Strickland, 344 So. 2d 931 (Fla. 2d DCA 1977), nor may that right be contracted away”, see Finch v. Finch, 640 So. 2d 1243 (Fla. 5th DCA 1994). Usually, family law courts believe that child support cannot be contracted away. Wilkes v. Wilkes, 768 So. 2d 1150 (Fla. 2d DCA 2000). Florida child support is intended to provide for the needs and necessities of minor children. The statutory guidelines describe in great detail the reasons for awarding child support in Florida and provide the numerical amount of support required based on the incomes of both parents. Other factors may apply such as daycare costs, health insurance, the number of overnights the parents spend with their children, etc. This brings us to whether child support arrears can be waived in Florida. Just because you have equal timesharing, does not mean child support is waived. Call 407-335-8113 to speak with Jacobs Law Firm, best child custody support lawyer for fathers, about your child support case.

Can child support be waived if both parties agree? Both parties are welcome to agree to waive child support arrears in Florida, but there is no guarantee the child support hearing officer, or the circuit court family law judge will affirm. As you read above, and have likely researched, child support in Florida is intended to provide for a minor child to help them survive, flourish, not be relegated into poverty. The court is not beholden to consider the best interests of the parents in calculating child support, rather, the court’s primary touchstone is whether the minor child is supported, protected, and living in a secure environment. That means the hearing officer, and the circuit court judge have the (generally speaking) authority to override parents’ agreements to waive support. A waiver of child support can be determined not to be in a child’s best interests. The best interests of the children, not the best interests of the payor, are what the court considers first and foremost. If the amount to be paid is de minimis, or less than a certain amount ($50), a judge might agree to the parties paying no child support until or unless there is a substantial change in circumstances.

best child custody support lawyer for fathers

If you are seeking to waive child support arrears in Florida, it is likely you have arrived at that decision based on some common scenarios. One common situation is where a parent has their rights voluntarily terminated to allow for their child to be adopted by another parent. A child must have two parents in our state. This is often done in exchange for a revocation of any past due child support owing. Another situation that may occur is when the parties are mediating their case and one parent agrees to have less timesharing (this may sound counterintuitive unless you have been in this situation personally) in exchange for a reduction or removal of their child support arrears.

We return to our original question; can child support be waived if both parties agree? The answer is complicated. A best child custody support lawyer for fathers knows the court is not obligated to waive child support arrears in Florida or ongoing child support, though it is not necessarily going to disagree with that decision under certain limited circumstances. The ultimate question is what is in the best interests of the children? Call an Orlando child support lawyer today at 407-335-8113.

How To Calculate Child Support In Florida

Posted by Law Firm Admin on February 14, 2023 with 0 Comment

Clients involved in child support cases with the Department of Revenue or Department of Administrative Law Hearings often ask how to calculate child support in Florida. The answer is incredibly nuanced. Primarily, the DOR or DOAH or the family court judge is looking for your incomes to determine how much child support is needed. From there, the court (DOR, DOAH or circuit court) looks to the number of overnights each parent spends with their children, as well as a multitude of other factors. Here, to calculate child support, we are focusing mainly on whether the party’s reimbursed expenses will be used to increase their income when calculating child support in Florida. Call Jacobs Law Firm, child support lawyer Orlando at 407-335-8113.

Calculating Child Support in Florida

The district courts of appeal have tested your question, how to calculate child support in Florida. The answer varies depending on the unique facts of your case. Among the biggest areas of dispute is whether your reimbursed expenses (from your parents or new wife or significant other, or the military, etc.) count as income when calculating support. Let’s start answering this question by looking to statutory law, “The child support guidelines specify that gross income includes reimbursed expenses or in kind payments to the extent that they reduce living expenses. § 61.30(2)(a)13, Fla. Stat. Ortega v. Wood, 316 So. 3d 408, 409, 2021. Essentially, the Ortega Court ruled that reimbursed expenses can count as gross income as long as they reduce living expenses. What might reduce living expenses? Many in the armed services receive housing and meal stipends that may reduce their living expenses.

If you are going to reasonably calculate child support Florida, distinguish the basic premise above from the Court’s further decision that “Reimbursements for business expenses are not income and should not be included in calculations for child support purposes.” It stands to reason that if I ask my paralegal to purchase a new printer at Office Depot or Costco and then pay her that exact amount, she has not profited, she has been reimbursed for an expense. Therefore, the Court rightly decided not to include that as gross income for purposes of calculating child support in Florida. If you are looking to waive child support or waive child support arrears, you may have some challenges with the court.

Calculate Child Support Florida

Here is a major pearl of wisdom for how to calculate child support in Florida. “Before a trial court can include a bonus in calculating net income for child support purposes, the bonus must be regular and continuous.” Vergara v. Vergara, 831 So. 2d 251, 252, 2002. Many clients tell us they might receive occasional bonuses but that does not guarantee regular bonuses or the amount to be earned/received. Plus, bonuses might be taxed at a higher rate. A lot goes into figuring out the numbers.

Moreover, in deciding how to calculate child support in Florida, adding to the case law provided above, “Parental gross income is determined using the factors in § 61.30(2)(a), which includes reimbursed expenses or in kind payments to the extent that they reduce living expenses. § 61.30(2)(a)(13). Specific dollar values for the in-kind contributions and reimbursed expenses must be determined, and the other statutory computations must be performed, in order to arrive at the parties’ net income levels, a proper support amount, and the respective shares of support.” Sunderwirth v. Sunderwirth, 332 So. 3d 1087, 1088, 2022. Of course, when courts calculate child support Florida, they should make factual findings. It stands to reason that calculating child support should be based on logic and common sense. Call Jacobs Law Firm today for your consultation 407-335-8113.