Can the Court Make me Pay for my Adult Child’s College Education?

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    State law controls the rules for filing a divorce action. As such, the rules vary from state to state. In Orlando, you will be subject to the same basic rules as people getting divorced in Miami, Tampa, or any other part of Florida. Some states require that someone be “at fault” for creating the breakdown of the marriage. Other states require the same at-fault conduct, but they slightly modify the process by allowing the parties to agree that there is fault. Those states usually include a ground for divorce called “irreconcilable differences.” Other states, however, are purely “no-fault.” This means it does not matter who is at fault; people can divorce for any reason. Florida is a so-called no-fault divorce state. Requirements of a no-fault…

  • Can I Be Required to Pay Child Support for a Child I Didn’t Know I Had?

    Yes, you can.  Not knowing you had a child does not negate your obligation to pay child support. If you are served with a Petition to determine Paternity or Child Support for a child you didn’t know you had, there are several things you need to do. Most importantly, do not ignore the papers. You must respond to the Petition within the time the paperwork states.  Ignoring the Petition won’t make it go away.  The Mother and/or Department of Revenue will ask the Court to enter a default against you and the case will move forward without you.  The Court will presume that you are the child’s father, and child support will be ordered. Ask for a paternity test. It will prove whether or not…

  • Creating an Effective Parenting Plan During your Collaborative Divorce

    If you have chosen to end your marriage through the collaborative divorce process, you are in the driver’s seat when it comes to your divorce. Rather than having the court make the decisions , the people making the decisions regarding the issues in your case are you and your spouse with the guidance and assistance of your collaborative team, putting you in control. It can be difficult to separate your emotions from the necessity of working cooperatively to develop a parenting plan, but a parenting plan  is a crucial part of the divorce process for any couple with children. Keep the following in mind to make the process easier for you, and do not hesitate to ask your lawyer for guidance when you need it….

  • Using the Collaborative Process to Create Prenuptial Agreement

    Couples do not generally get married anticipating divorce, but this possibility is still present, and could justify the creation of a prenuptial agreement. Prenuptial agreements outline which assets a spouse would be entitled to keep or receive, the liabilities each side would agree to assume, and the payment of alimony. While negotiating the terms of these arrangements do not typically have the level of contention seen with a divorce settlement, it can still present opportunity for dispute, especially if one party is against separating finances. Traditionally, prenuptial agreements are negotiated between the attorneys retained by each prospective spouse, with little involvement between the couple. An alternative to this approach that requires a more hands-on commitment to forming an agreement is the collaborative process. This non-adversarial…

  • How Do I Prepare for Mediation in My Divorce?

    Most counties in Florida require divorce cases to go to mediation before the matter is tried.  The hope is that all, or at least some, of the issues will be resolved at mediation without Court intervention. So, how do I prepare for mediation? Work with your attorney to prepare for mediation. Schedule a time to meet with your attorney to discuss what you can expect at mediation.  Prepare a game plan, i.e. give thought to what issues you are willing to compromise on and what issues are non-negotiable.  Because you will be negotiating a settlement, try to keep the list of issues that are non-negotiable to a minimum.  Don’t stand firm on an issue just to oppose your spouse.  For example, both you and your…

  • The Point of Establishing Paternity

    All parents have an obligation to financially support their children, regardless of the relationship status with the other parent. When parents are married or living together, this support comes as a natural part of caring for members of the same household. But when divorce or separation occurs, financial assistance that was once a given may become a dispute. Only individuals considered to be a child’s legal parents have this financial obligation. For women who give birth, outside of surrogacy, establishing parentage is quite simple and automatic, but for men, the process of becoming a child’s legal father can be more complicated, and requires paternity be established. Married men are automatically presumed to be a child’s father, and the rights and obligations of this designation descend…