Issues involving money are often foremost in the dissolution of a marriage cases or paternity actions.
During a divorce with minor children or paternity proceeding the parties are required to file a Financial Affidavit and Mandatory Disclosures. These financial documents are specifically tailored for the complete disclosure of income, expenses, assets and liabilities. Child Support is based on the party’s income, time sharing arrangement, child related expenses and tax implications. The Courts can also set an arrearage amount from the date of separation or two years prior to filing the case, whichever is less. Additionally, the parties may deviate from the Child Support Guidelines. It’s important that if you believe that you are either going to have to pay child support or receive child support to contact me immediately to make certain that your rights regarding Child Support are protected.
Child Support may also be established by the Department of Revenue (DOR). The Department of Revenue may adjudicate child support without any regards to a time sharing plan or other significant factors affecting your life. If DOR has contacted your or has adjudicated child support against you it’s important to contact Eve McClurg to discuss how other factors relate to your case that may significantly affect your child support payments.
There are several types of alimony; rehabilitation, lump sum, temporary, durational or permanent. Several factors are included in determining whether you have a claim or have to pay alimony. First, the Courts will determine one party’s need and the other party’s ability to pay. The Courts also will look at several other factors, including but not limited to the length of the marriage, equitable distribution, the age/disability of the parties, the contributions to the marriage and/or the standard of living. Alimony is awarded in the discretion of the Court after evaluation of the factors. It’s important that that if you believe that you may have to pay alimony or you are entitled to alimony to contact Eve McClurg in order to make sure that your rights are protected.
In order to secure payment of a financial obligation, the Courts can enter an Income Deduction Order. An Income Deduction Order is sent to the employer of the party that is required to make payment. The employer is then Court Ordered to pay the financial obligation to the recipient before the debtor is paid. Additionally, a Motion for Contempt or to Enforce can be filed which may include civil and criminal sanctions. Lastly, the Courts may require parties to retain life insurance policies in order to secure financial obligation in the event of the death of the payor. If you need to secure your payments or to defend any Contempt Motions filed against you, call Eve McClurg, for a free consultation.
Getting the support of a successful Family Law Attorney, such as Eve McClurg, will help you sort through the numerous statutes, many of which are fairly recent in Florida, to help with your quest for equitable child support and/or alimony payments.