October 6, 2011

Child Support Calculations in Florida Have Changed

Florida Family Attorney Joe Fields

Several changes have now occurred to child support laws in florida that greatly affect recipients and payers. The most important change has been to the percentage of overnights that trigger a substantial reduction to the basic child support calculation. The old over 40% standard has now been reduced to over 20% of the overnights. What does this mean? The standard every other weekend and one night a week on the off week is generally considered to be slightly under 40% of the overnights. By having reduced the percentage to 20%, every standard visitation order now provides for overnights which entitle substantial reductions if requested. 3 extra nights a month could result in substantial reductions, in some cases, almost half the support! Additional changes deal with child care cost reductions and a requirement that support calculations involving multiple children must include termination dates for each child. Requests to deviate from the guidelines now have additional reasons to be granted. If you have questions regarding your child support guidelines florida, LaBovick Law Group provides an initial free consultation to discuss your case. Call us toll-free at 1-866-522-6842.

July 15, 2011

Divorce Decree and Child Custody Dispute lands Mother in Contempt

An acrimonious divorce proceeding recently exhausted Georgia’s lower court’s jurisdiction. Appeals in the case were subsequently heard by the Supreme Court of Georgia. Avren v. Garten, S11A0064 (2011), the issues under dispute included financial obligations and matters related to child custody.

The noteworthy issue related to child custody dealt with the final decision-making power of the father. The court had awarded him the right to be the last authority on all issues regarding the minor child’s health and all related medical considerations. This decision was presumably based on the father’s employment as a physician. Due to his medical degree, it stood to reason that he would understand medical issues.

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June 25, 2011

Rotating Custody or Timesharing is Now Alive in Florida

Florida Family Attorney Joe Fields

For many many years, lawyers and Judges have cited to archaic decisions disfavoring rotating custody. Arguments that it would be in the best interest of the children for their parents to have equal custody time were ignored or rejected under these old decisions. Many of these decisions were premised on the old notion that mothers were the better parent to raise children.

Well, that line of cases is no more!

The Fourth District Court Of Appeal has recently issued an opinion in the dissolution of marriage case, Mudafort v. Lee, indicating that the Florida Legislature's recent statutory changes to Florida's custody laws mandates reversal of this old-fashioned thinking.

Florida Statute 61.13 now indicates "There is no presumption for or against… any specific time-sharing schedule when creating or modifying the parenting plan of the child." This important ruling now gives parents a clear and concise opinion that rotating custody must be considered along with any other proposed plans.

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