One of the most complicated aspects of a divorce is finances. Divorcees must come to terms on financial support in the form of alimony, child support or both. It is a common assumption that the two are the same thing, but the fact is they are not. A divorce attorney in Naples can help you understand their differences and the laws in the context of your personal situation.
While a some states’ laws follow the concept of “community property,” Florida is a “equitable distribution” state. This means that financial and physical assets acquired over the course of a marriage are generally considered the property of whichever spouse “earned” each asset.
This is where alimony comes in. Even if a couple has no children, one spouse may owe support in the form of alimony payments to the other. During a marriage, one spouse often brings in more money than the other. Sometimes that responsibility shifts over the years due to a variety of factors. A judge usually decides who owes alimony based on factors like the length of the marriage and each spouse’s age, need and ability to pay, health, income and earning potential. A divorce attorney in Naples can advise you on what to expect.
Child support is focused on the cost of raising a couple’s child or children, and how that cost should be divided between the parents.
Like alimony, a judge’s determination as to how much child support is owed by which parent is based on a variety of factors. Usually the parent with more custody will be granted child support from the other. The judge will usually look at each parent’s income, but may also consider the child’s age and health care costs and day care among other factors.
Don’t Do It Alone
Navigating finances during a divorce can seem impossible alone. A divorce attorney in Naples can help you make the best decisions, so get in touch with the Law Offices of Shawn Seliger. Save yourself and your family the extra stress and contact us today for more information and a free phone consultation at (239) 333-0077. You can also fill out the online contact form after hours and we will call you directly.
You aren’t happy; chances are, neither is your spouse. It can be difficult to determine when it’s time to stop trying to make your marriage work and instead shift gears toward preparing to part ways for good. There may also be anxiety involved in finding a good Naples divorce attorney.
If it’s any consolation, know that you aren’t alone. Per the American Psychological Association, 40 to 50 percent of all married couples in the United States do eventually seek a divorce. That percentage markedly increases if you are on your second or third marriage. Furthermore, Florida has one of the highest divorce rates in the United States.
Preparing to Divorce
It can often be extremely difficult to discuss legal and financial matters related to divorce directly with your spouse. Understandably, many issues are just too emotionally charged and stressful for many couples to face without third-party assistance from an experienced Naples divorce attorney:
• You will want to strategize how to best handle the distribution of your mutual assets and debts.
• You will have to decide which path is best for managing your primary residence—whether you should sell it, or if one of you should remain living there.
• If you have children together, you will need to determine custody arrangements, child support and visitation rights.
Protect Yourself; Retain Experienced Legal Counsel
If both of you are amenable to settling your differences without going to trial, this route will typically be faster, easier and less expensive. In this way, you can present a plan of action to the court that both of you are on board with, rather than letting a judge who probably doesn’t know you determine what he or she thinks is fair. However, should you wind up having to go to trial, you definitely want the Law Offices of Shawn Seliger on your side—an aggressive Naples divorce attorney fighting for your best interests.
If you are looking for a divorce attorney in Naples, contact us today for more information and a free phone consultation at (239) 333-0077. You can also fill out the convenient online contact form after hours, and we will call you directly.
Florida tends to take its enforcement of child support seriously. Over 250,000 residents lost their driver’s licenses in fiscal 2017, and in the majority of those cases lack of child support payment was cited as the reason. If you are the custodial parent and your former spouse or co-parent does not pay what he or she owes, you may need a child support lawyer in Fort Myers to get the money you need to take care of your child. Both parents are responsible for supporting their children after divorce, but how much the primary caregiver receives from the other parent depends on several factors.
How Courts Calculate Child Support
Many factors are used to determine the amount of support a parent must pay. Some of these factors include:
• Income of both parents
• Insurance costs
• Day care costs
• Medical payments not covered by insurance
• Number of overnights each parent gets
If, for example, the child stays overnight with the noncustodial parent in Fort Myers more than 20% of the time, that may result in a reduction of the amount that parent is obligated to pay the primary caregiver. A child support lawyer in Fort Myers can advise you about your rights and responsibilities.
What To Do if Child Support Goes Unpaid
A Fort Myers child support lawyer may be necessary if your former partner is not holding up his or her end of the deal. An attorney may be able to help you navigate the rules and negotiate on your behalf to hold the other parent accountable. While you may hope that support will get paid, the court may resort to wage garnishment, asset seizure, license suspension or whatever it takes to enforce the payment your child deserves.
Before you commit to hiring a child support lawyer in Fort Myers, it’s good to see what he or she can offer. Contact the Law Offices of Shawn Seliger today for more information and a free phone consultation at (239) 333-0077or fill out the online contact form and we will call you directly.
Getting a divorce is a challenging time, and when children are involved the process only becomes more difficult. Whether your divorce is amicable or contested, it’s important to have an attorney who is highly experienced in family law watching out for your best interests. Now you can consult with a premier Naples family attorney to determine if you would benefit from their representation. Florida has the nation’s seventh highest divorce rate, and with so many divorces occurring every year it is even more important to acquire the services of a quality attorney before other cases claim their time.
Protect Your Children’s Interest and Your Own
As a parent you want what is best for your child and in a divorce, sometimes what is best for your child may require contesting your divorce. Whether you are going before a judge or simply negotiating between attorneys, hiring a qualified Naples family attorney assures that you get the best protection in the process and your children do not suffer with a worse arrangement because only one parent had the right legal representation. This is particularly important in cases where one parent feels the other is unfit as you do not want to find yourself on the short side of a decision regarding the amount of time each parent has custody of the children.
Do Not Regret Not Doing Enough
There is no pain in a divorce worse than that caused by losing custody of your children. Shawn Seliger is a highly qualified family attorney in Naples who will work hard to see that you get the best possible arrangement out of your settlement. Mr. Seliger will consult with you to determine the facts of your divorce. He will work with you to construct a strategy for negotiations or court to help ensure that your interests are served and that you reach the best possible custody plan. He views this as an important goal as a Naples family attorney. Contact us today for more information and a free phone consultation at (239) 333-0077 OR fill out our online contact form.
When a couple decides to dissolve a marriage, the subject of spousal support, or alimony, usually has to be determined by the court or the parties involved. To help ensure a fair settlement, it is often beneficial to hire a Naples alimony lawyer to guide you through the procedures. Florida law leaves a certain amount of discretion in the hands of family law judges when determining alimony payments, and the outcomes can sometimes be unexpected. Whether you plan to receive payments, or you will be the one paying spousal support, an alimony lawyer in Naples can help you to present the facts to the court that will help it make rational decisions on your behalf.
Determining the Duration of Alimony Payments
When the parties in a divorce can work out an agreement on alimony payments before going to court, they are often able to reach a more mutually satisfactory solution. Working together on spousal support issues gives the parties more say in the amounts and duration of payments. When the judge has to determine the terms of the alimony settlement, both sides may or may not like the results. An alimony lawyer in Naples may prove invaluable helping to guide the court in the direction of a fair ruling.
The court will take into account factors such as the length of the marriage, financial need, the ability to pay and amount of contributions each party made to the support of the marriage. The judge will determine, based on the length of the marriage, needs and abilities, if the payments will be permanent, or for just a set amount of time. The judge will also decide on the amount of the payment, if any.
Alimony Decisions Can Affect Your Future Well-Being
Your ability to recover financially from a divorce could depend on the proper allocation of alimony payments. The Law Offices of Shawn Seliger have an alimony lawyer in Naples ready to represent you in cases of spousal support and alimony.
Contact us today at (239) 333-0077 for more information and a free telephone consultation OR fill out the convenient online contact form.
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.