How Are Child Support Payments Calculated in Florida
With more than 1.4 million child support cases active throughout the state of Florida at any time, understanding how to calculate child support payments applies to many Floridians. A child support attorney in Fort Myers can help to ensure child support arrangements are fair to both custodial and non-custodial parents.
Setting Payment Amounts
Payment amounts are usually established by the Florida courts, making it valuable to have representation by a Fort Myers child support attorney throughout the proceedings. Both parents are responsible for financially supporting minor children, whether unmarried, married or divorced. After determining which parent is providing the primary residence, the court calculates the payment amount that will be made by the other parent. While a Child Support Guidelines Worksheet is typically used to set the payment, the court can vary the amount at its discretion. Factors that normally affect payment levels include:
• Individual or special needs of the children
• Ages of the children
• Each parent’s financial status
• Day care expenses
• Child health care expenses
Determining Financial Status
The court customarily uses each person’s net income to evaluate financial status. A Fort Myers child support lawyer typically ensures that the court includes the following types of income in the calculations:
• Salary, wages, bonuses, commissions, tips, overtime pay
• Business net income
• Worker’s compensation benefits and settlements
• Retirement, pension and annuity payments
• Government benefits, including disability, social security and unemployment
• Spousal support from a previous marriage
• Interest and dividends
• Rental, royalty, trust and estate income
• Child support obligations from another case
A child support attorney in Fort Myers can work to ensure child support payments are equitable at the outset of the plan and throughout the term of the arrangement as circumstances change. The Law Offices of Shawn Seliger can provide caring and accessible legal counsel throughout the process.
Contact us today for more information and a free phone consultation at (239) 333-0077 OR fill out the contact form online.
The decision to file for divorce may top the types of stressful decisions you will make in your lifetime. Aside from the emotional feelings that accompany the end of a long-term relationship, there can also be assets to distribute and children to care for through the process. With the average divorce taking approximately a year to resolve, a Fort Myers divorce attorney who has experience wading through the steps to finalize divorce proceedings may relieve some of the pressure during lengthy negotiations as he or she guides you through the steps.
Florida does not require either spouse to prove fault. In a divorce the court may consider matters such as child custody, child support, property division or alimony, which is why it can be advantageous to have representation through a Fort Myers divorce attorney.
Uncontested Divorce Procedures
Florida residents can choose between two types of divorce filings. The first is an uncontested divorce, where both parties agree to the dissolution request and all issues in a case. An attorney is only permitted to represent one party in an uncontested divorce or in any Florida family law case. Uncontested divorces may often prove to be a more affordable option if the parties are in agreement as to all of the issues and it may preclude a court appearance. An experienced Fort Myers divorce attorney may be able to help guide you through the process of a Fort Myers divorce. To prepare for an uncontested divorce please call on the Law Offices of Shawn Seliger for assistance
Contested Divorce Filings
A Fort Myers divorce attorney may be needed for cross-examinations and ensuring that the court receives all appropriate documentation of child custody matters, income, expenses, debts, assets or other financial matters. If an agreement is reached, the terms are recorded through formal court documents and filings to complete the regular dissolution of marriage. If a particular case does not settle, it proceeds to a non-jury trial where the judge will make a case ruling. To prepare for a contested Fort Myers divorce, call on the Law Offices of Shawn Seliger for assistance at 239-333-0077 OR fill out the online contact form.
Please contact us today for more information and a free phone consultation.
According to a Florida Coalition Against Domestic Violence estimate, there are more than 100,000 domestic violence incidents in Florida every year. If you or someone you know is experiencing or has been threatened with domestic violence, a Naples domestic violence attorney can help secure needed protection.
Value of Restraining Orders
Victims or their caregivers should seek legal help as soon as possible. An experienced domestic violence attorney in Naples typically helps secures a restraining order within a short period of time. This legal injunction should prevent the perpetrator from making contact at home or work, and often requires there to be a defined distance between the parties at all times. Restraining orders may also require that all communication goes through legal counsel.
Restraining orders, while important for ongoing protection, do not totally replace a safety plan. Keeping a phone handy at all times for 911 calls, having an escape route for yourself and children, and backing the car in the driveway for a quicker exit can also help when violence begins.
What Constitutes Domestic Violence?
A Naples domestic violence attorney may also provide assistance when filing charges against an abuser, with or without having a restraining order in place. The following actions are typically considered to be forms of domestic violence when taken by a former or current spouse, relative or person residing in the household as a family member.
• All types of assault and battery, including aggravated and sexual
• False imprisonment
• Any criminal action that results in injury or death
Benefits of Acting Quickly
Obtaining help quickly from an experienced Naples domestic violence attorney typically sets into motion the legal protections needed to keep victims safe. Legal counsel can also help ensure that evidence is collected to make a stronger case against the abuser and potentially impact future divorce proceedings and custody disputes. No one should have to face these difficult and emotional situations alone. Contact us today for more information and a free phone consultation at (239) 333-0077 OR fill out the online contact form.
Family conflicts can be incredibly emotional, potentially damaging relationships between people for years to come. Rather than facing the issues alone, working with a Naples family attorney frequently provides the support needed to successfully navigate the complicated issues.
Matters Benefitting From Legal Representation
Family matters are especially personal. There is often extensive history underlying today’s conflict, adding unique complexities to the issues. An experienced Naples family attorney can provide both guidance and representation to resolve the following types of matters:
• Divorce. Legal counsel could cover all aspects of the divorce, function behind the scenes with general advice or provide limited-scope representation for select topics.
• Child support. Non-custodial parents are typically required to financially contribute towards paying for a child’s upbringing. An attorney’s guidance may be helpful during initial negotiations and when visitation arrangements change over time.
• Alimony. Working with an experienced attorney helps ensure that all financial resources are included as the court considers an alimony request from one of the spouses.
• Parenting plans and time-sharing schedules. Family attorneys often help parents create plans that focus on the best interests of the children, provide stable living conditions and give each parent the opportunity to sustain a close parental relationship.
• Paternity. For both fathers and children, there are many reasons to validate paternity when the father was not identified at the time of birth.
• Domestic violence. A family attorney can help guide you to putting legal protections in place as quickly as possible.
• Post-judgment matters. Because family law frequently deals with complex matters, questions regularly arise after initial settlements are completed. Modifications may be appropriate in the future if it meets the necessary legal standard.
Benefits of Working With a Naples Family Attorney
Working with a qualified family attorney in Naples does not mean you want to escalate the conflict. Choosing qualified legal counsel normally shows that you are ready to move past the disagreements, reach a resolution or have your day in family court. Please feel free to contact us today for additional information and a free telephone consultation.
Reach us by calling our office at (239) 333-0077 OR fill out the online contact form.
Until fatherhood is legally established, neither parent nor child may fully benefit from the relationship. Paternity is not typically established in Florida courts unless the parents are married or they both voluntarily acknowledge the father’s identity through the Courts. Since resolving paternity issues can affect several lives over multiple years, it can be beneficial to work with a Fort Myers family lawyer when preparing and submitting complex legal paperwork, gathering and submitting appropriate evidence to the court, and negotiating long-term arrangements between the parties.
Benefits for Fathers
With just under 50 percent of the Fort Myers population being male, there are many who ultimately find themselves in situations where they are facing paternity issues. Working with an experienced family lawyer in Fort Myers generally positions the father as effectively as possible during the process.
• The father may be better able to influence the child’s upbringing and meaningfully contribute when important health and education decisions are made.
• A mutually agreeable co-parenting arrangement may be made and updated as situations change over time.
• The father often wants to confirm parentage prior to making child support payments.
Benefits for Children
Children may need assistance from a Fort Myers family lawyer when paternity issues need resolution through the court system. Determining paternity frequently ensures that children receive the same benefits as others whose parentage was documented through a valid marriage.
• In some cases, children are entitled to receive government benefits due to the father’s status.
• A child may secure his or her right to inherit from the father.
• Family medical history is normally accessible when needed.
• The father could be responsible to pay for the child’s medical insurance coverage.
Securing Legal Rights for Both Father and Child
As paternity rules are revised over time, assistance from a Fort Myers family lawyer can help ensure both the parent and child are taking full advantage of the legal rights afforded to them. Contact us today for more information and a free phone consultation. Call (239) 333-0077 OR fill out the online contact form.
According to Wallethub, a personal finance website, Floridians have the third highest divorce rate in the country. This means a large number of ex-couples are in the midst of negotiating financial arrangements that will have a lasting impact for years to come. Working with an experienced divorce attorney in Fort Myers often helps the parties reach a fair and equitable financial settlement, taking into account all assets and financial resources.
Alimony is an important topic within the overall scope of financial negotiations. While not automatically awarded by Florida courts, it must be considered if reasonably pled/requested by either of the parties. A Fort Myers divorce attorney can help ensure that all factors are contemplated when eligibility for alimony is included in the negotiations.
Types of Alimony
The payment of alimony is intended to recognize that one spouse may not have the same resources as the other once the marital union is dissolved. Multiple types of alimony are used depending on the circumstances.
• Temporary – payable during divorce proceedings
• Bridge-the-gap – transitional assistance to help re-start a household
• Rehabilitative – pays for education or vocational training
• Durational – paid for a limited time, typically no longer than the marriage
• Permanent – awarded when one spouse is unable to achieve the same lifestyle that was enjoyed during the marriage and when the length of the marriage corresponds to applicable Florida law.
Many factors going in to the court’s decision to award alimony. When negotiating alimony payments, a divorce attorney in Fort Myers normally raises the following types of topics.
• Length of marriage
• Communal standard of living
• Physical or emotional issues that could hinder the ability to earn a living
• Education and career training needs
• Financial and other contributions made by each spouse during the marriage
Financial Arrangements of Divorce
Alimony is just one of many financial tools used during divorce proceedings. An experienced divorce attorney in Fort Myers can help ensure that all financial resources are given full consideration as a fair division of financial resources is negotiated. Contact us today for more information and a free telephone consultation. Call (239) 333-0077 OR fill out the online contact form.
Child custody cases can be difficult, so you want to ensure that you are informed on the laws and that you have an experienced Fort Myers child custody lawyer on your side. This may aid in making the process go a bit smoother for you and your children.
What is Required for Parents to Establish Custody
When you are trying to get custody of your children, you can pursue either joint custody or sole custody. With joint custody, you will essentially share the child with the other parent. With sole custody, you will be the sole caretaker for the child. Sole custody is usually reserved for the most extreme circumstances. In general, who gets custody is determined on what is in the best interests of the child. There are multiple factors that the courts might explore to determine this. They usually look at the parent’s ability to provide for the child emotionally and physically along with the overall quality of life provided for the child.
Courts might also look at the parent and family background. For example, a parent with a criminal history may have a harder time getting custody. The courts might also consider a number of other factors. Under some limited circumstances, this may include a child’s choice if they are of proper age, the wishes of the parents and how much adjustment the custody agreement might require so that the best interest of the child are met. Having a child testify in Court should be the last resort, not the first option. An experienced Fort Myers custody attorney will seek to guide you through this process.
Exploring the Legal Basics
The legal process concerning child custody can sometimes be complicated. It may be a bit easier to handle when you work with an experienced Fort Myers child custody lawyer, such as Shawn Seliger. While approximately more than 91 percent of cases concerning child custody were solved without family court system support in 2012, it is still important to understand it. Your lawyer can walk you through the basics and ensure that you know what to expect.
With this information, you may be able to better approach the situation, but it is important that you do it with a Fort Myers child custody lawyer on your side. Contact us today to get more information about child custody and to receive your free telephone consultation
According to the Census Bureau in Florida, this state has approximately the seventh highest divorce rate in the country with approximately 50,000 couples seeking a divorce each year. When you are going through a divorce, it can be a difficult time, but having an experienced Naples family lawyer might be helpful. They can aid you with the various elements of the process and provide some support throughout the duration of your divorce proceedings.
Why Work With a Lawyer During a Divorce
A divorce attorney may be able to aid you with a number of elements, such as dividing all of the marital assets and property, child custody and family liabilities. All of these elements require some knowledge of the law and this is something the average person does not have. An experienced attorney, such as Shawn Seliger, can walk you through the forms and parts of the process. This helps to ensure that everything is properly documented and that the proceedings go as fairly as possible for all parties involved.
If you had children with the spouse you are divorcing, it is critical that all of your custody discussions are done in front of your Naples family lawyer. This helps to ensure that everything is done by the book.
Other Benefits of Hiring a Divorce Attorney
A divorce is an emotional time, but emotions may cloud your judgment. Your attorney can act as a legal support system to help you make decisions based on the facts and not emotions. An experienced Naples family lawyer also understands the different court proceedings that might be needed, as well as options that you might not be familiar with that could aid in various aspects of the divorce potentially going in your favor.
This information shows that working with a Naples family lawyer might be beneficial for a number of reasons. Please call us today for a free telephone consultation and to get more information at (239) 333-0077.
Divorce can be messy, especially when there are children involved. It is important to get some help and support as you go through the process. An experienced family attorney in Fort Myers can work with you to help ensure that the process goes as easily as possible for you and your children.
Learn More About a Family Parenting Plan
A family parenting plan works to determine the decision making and time sharing aspects between the parents and children. It is essentially a potential visitation and custody agreement between you and the other parent involving the children. The hope is that you are able to come to an agreement without the need for judicial assistance or intervention. You can work with a family attorney in Fort Myers to help ensure that all legal elements of a parenting plan are formulated or adhered to.
With regard to the time-sharing element, it determines when each parent will have the child. When it comes to the decision-making aspect, parties may determine if decisions will be shared or if each parent will be responsible for specific ones, such as one parent for educational matters and/or one parent for health decisions. Alternatively, a parent may seek shared parental responsibility with ultimate decision making authority in some areas, or if warranted, sole parental responsibility.
Why a Lawyer is Important During a Divorce
Experienced lawyers, such as Shawn Seliger, can aid you with various components of the divorce or separation process. In addition to seeking that you have a fair and effective family parenting plan, your attorney may also help to ensure that the other elements of your divorce are in order, such as the division of assets.
To help ensure that your divorce, including the child custody and arrangement aspects, go as smoothly as possible, it is important to work with an experienced family law attorney in Fort Myers. Please contact us (239) 333-0077 to receive information about divorce and to get your free phone consultation today!
When you are going through a divorce, if you have children, the issue of child support might come up at some point. This can be a tough situation, so you want to work with an experienced Naples divorce attorney, such as Shawn Seliger, to aid you in navigating the process, whether you are seeking child support or being asked to pay it.
Basic Facts on Child Support
On average, those in Florida paying child support pay approximately 16 percent of their total income. However, it can be higher. There is not set of national guidelines used to determine how much child support a person is ordered to pay. Florida has a specific set of calculations that they use for the purpose. They are called Florida Child Support Guidelines. The Court considers the financial abilities of each parent, the number of children of the relationship, which parent financially provides health and/ or daycare for the children of the relationship when determining a parent’s child support obligation.
The Importance of Hiring an Attorney When Working on a Child Support Agreement or Litigating Child Support
A Naples divorce attorney who also is a Naples child support lawyer is important when you are in a child support battle. They might be able to negotiate an amount that is fairer if you are being asked to pay, but your income is limited. If you are seeking support, they may be able to help ensure that you are getting a higher amount which might make it easier to ensure that your children have everything that they need. If you plan to modify your child support agreement due to a substantial and permanent change in circumstances, a Naples child support lawyer may be helpful when seeking out a court order to modify your child support agreement or establish child support in Naples, Florida.
Since child support can be a complex issue, it is best to work with an experienced Naples divorce attorney when you are either seeking child support or being asked to pay it to the other parent. Give us a call today at (239) 333-0077 to get further information and to receive your free telephone consultation.