Who Gets to Claim your Child as a Dependent for Tax Purposes in your Divorce?

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    For divorcing parents, timesharing is typically one of the biggest issues to work out in their divorce. In Florida, the term “timesharing” refers to the court-ordered arrangement of when the child is with each parent and has essentially  replaced the term “visitation”. In cases which involve minor children, a Parenting Plan must be created, which dictates how the parents will spend time with the child(ren) and other details involving the child(ren) which are specific to the family.  The Court must approve the Parenting Plan, and will most likely do so as long as it is in the child’s best interest. The Parenting Plan becomes part of the Final Judgment entered by the Court in a divorce or paternity case. To reach this determination, the court…

  • Florida Supreme Court Upholds Prenuptial Agreement Waiving Spouse’s Interest in Nonmarital Property

    In a recent appeal to the State Supreme Court, the Court found that broad prenuptial language waiving a spouse’s right to any claims against the other spouse’s nonmarital property, even accrued interest or increases in value of that property, are waived. To understand a little better, one must look at how Florida law divides property in a divorce. Equitable Distribution When two people get divorced in Florida, the courts will divide all marital property “equitably,” meaning the court decides what is fair under the circumstances. This gives the court a lot of wiggle room in deciding who gets what, so to speak. However, the court generally will not divide nonmarital property. Nonmarital Property Nonmarital property constitutes the assets the parties own separately acquired from a…

  • No Matter How Embarrassing it can Be, you Have to be Honest with your Family Lawyer

    In a previous blog post, we talked about how important it is for you to be honest with your bankruptcy lawyer, even if that means discussing personal, potentially embarrassing information. This advice is valid for any interaction with a lawyer, no matter what type of legal issue you are facing. Family law can be an emotional minefield, especially when you are going through a divorce or developing a time sharing agreement for your children. It can be easy to let your emotions color your perception, but you cannot let them cause you to lie or misrepresent the facts of your case to your lawyer. Dishonesty Can Backfire and Hurt you Your former spouse has a lawyer too, and if you lie about any of the…

  • How is Child Support Calculated?

    Child support is the money paid from one parent to the other to cover the expenses that come with raising a child, such as the need for a home with enough space for the child, utilities for that home, food and household items, and the child’s needs like clothing and school supplies. The court uses a formula that considers the number of children to be supported, each parent’s income, and the amount of time the children spend with each parent to determine an appropriate child support amount to require.  In some cases, special circumstances like a child’s medical needs may be considered, causing the amount of child support ordered to deviate five percent or more or less from the amount that would be ordered for…

  • Collaborative Divorce: Achieving your goals without hostility

    Collaborative divorce has been increasing in popularity, and for good reason; it helps you achieve resolution in a less draining manner. While collaborative divorce can be a great help to reaching accord, both spouses still must work hard with the assistance of their lawyers. Time and Usefulness While collaborative divorce may very well be less time-consuming than standard courtroom proceedings, it will not be easy. It is not uncommon for people to believe that collaborative divorce will somehow be a walk in the park, when in reality, it is still divorce. Disengaging two people’s lives is always going to take time and effort unless the marriage has been very brief. However, the built-in benefit of collaborative divorce is that both spouses have access to a…

  • How Can I Change my Parenting Timesharing Agreement?

    When a couple with children divorces, a parenting timesharing agreement is typically part of the divorce settlement. This agreement is based on the child’s best interest and in nearly all cases, is created with the intention of maintaining a consistent relationship between the child and both of his or her parents following the divorce. Do you and your Former Partner Agree to a Change to the Parenting Plan? If you and your former partner agree to the proposed change to your parenting plan, changing the arrangement is easy. To do this, create a document that outlines the changes to your existing parenting agreement. Follow the instructions in your original Agreement for “modification,”and then file it with the court. Do not attempt to change your agreement…