Common Sources Of Conflict In Parenting Plans In Florida, conflicts in parenting plans often stem from several common issues. Understanding these potential sources of conflict can help you create a more effective and detailed parenting plan that reduces misunderstandings and disputes. In this section, I’ll discuss just some of the most frequent sources of conflict I’ve encountered during my career as a family law attorney. Conflicts often arise when parents disagree on the specific times for picking up and dropping off the children. Differences in work schedules or other commitments can dramatically exacerbate these disputes. Parents may disagree on where the handoffs should occur if the parenting plan does not specify the exact locations for exchanges. Parents may disagree on which extracurricular activities the children should participate in, especially if these activities interfere with the other parent’s time. Disputes can arise over who is responsible for paying for these activities, including equipment, uniforms, and travel expenses. One parent may want to relocate for various reasons, such as a job opportunity or to be closer to family, which can disrupt the agreed-upon time-sharing schedule. Relocation can significantly impact the amount of time each parent gets to spend with the children and can lead to conflicts over adjusting the parenting plan. Disagreements can occur over how holidays, birthdays, and other special occasions are divided between the parents. Holiday plans that deviate from the regular schedule can create tension if not clearly outlined in the parenting plan. Conflicts can arise over major decisions regarding the child’s education, medical care, and religious upbringing if parents do not agree or if the plan lacks clarity on decision-making authority. Disputes can occur if one parent feels their input is not being valued or if there is confusion over who has the final say in important matters. Ineffective or insufficient communication between parents can lead to misunderstandings and conflicts. Disagreements over the preferred method of communication (e.g., text, email, phone calls) can also be a source of tension. Conflicts can arise over travel plans, especially if one parent wants to take the child out of state or country without the other parent’s consent. Parents may disagree on the timing and duration of vacations, particularly if they overlap with the other parent’s scheduled time. Tensions can occur when one parent introduces a new partner into the child’s life, leading to disagreements over the appropriate timing and involvement of the new partner. Conflicts can also arise if one parent feels the new partner is having an undue influence on the child or on parenting decisions. Resolving Conflict Through Mediation Mediation is critical in resolving conflicts in parenting plans, providing a structured yet less formal setting for parents to discuss and settle their disputes. In fact, most new cases are referred to mediation before they go to court. This step is often mandatory, as the court prefers that parents try to resolve their issues outside of the courtroom. But even without a court order, you can willingly choose to enter mediation to address and resolve conflicts in your parenting plan. Mediation takes place in a more relaxed and less adversarial environment compared to court. This can help reduce stress and promote more productive discussions. A neutral mediator facilitates the sessions, helping both parties communicate effectively and focus on finding mutually acceptable solutions. As a mediator, I help parents understand the relevant statutes and legal requirements. This ensures that any agreements made are in line with the law and the best interests of the children. I assist in clarifying the specific issues that need to be addressed, such as time-sharing schedules, holiday arrangements, and decision-making responsibilities. Adhering To Parenting Plans If your ex is not adhering to the parenting plan, it’s essential to speak with an attorney immediately to understand your rights and options. An attorney can provide guidance tailored to your specific situation. Trying to resolve the issue on your own can be time-consuming and may significantly complicate matters. Let your attorney handle the legal aspects to ensure everything is done correctly. Managing Unresolved Parenting Conflicts When parents cannot resolve conflicts regarding their parenting plan, Florida courts step in to make a decision based on the best interests of the child. Here’s an overview of how the process works: Setting A Hearing If conflicts remain unresolved, either parent can file a motion with the court to address the specific issues. This motion sets the case for a hearing. The court will then schedule a hearing where both parties can present their arguments and evidence. Applying The Statute Florida courts apply the statute focused on the child’s best interests. This includes various factors such as the child’s age, health, emotional ties to each parent, and the ability of each parent to provide for the child’s needs. Presentation Of Evidence You’ll be able to present detailed evidence regarding your involvement and your child’s well-being. This includes school records, medical records, and any documentation showing each parent’s involvement in the child’s life. Witnesses, such as teachers, family members, or mental health professionals, may testify about the child’s best interests and each parent’s role. Court Decision The judge will use discretion based on the evidence and statutory guidelines. The court aims to make a decision that best supports the child’s overall well-being. The court’s ruling will address the specific conflicts and outline how parenting time and responsibilities will be allocated. Enforcement And Compliance Once the court issues an order, both parents must comply. Failure to adhere to the court order can result in legal consequences, including contempt of court charges. In some cases, follow-up hearings may be necessary to ensure compliance and address any new issues that arise. For more information on Strategies For Resolving Parental Disputes, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  555-555-5556  today.

In Florida, three forms of alimony are available: bridge-the gap, rehabilitative, or duration alimony. A court determines whether or not to award alimony by determining whether the party seeking alimony has a need, and the paying spouse has the ability to pay. Bridge-the-Gap alimony is awarded to help a party transition from being married, to being single. It is specifically awarded to assist a party with legitimate, short-term needs. Bridge-the-Gap alimony may not exceed 2 years in length. Bridge-the-Gap alimony terminates upon the death of either party, or upon the remarriage of the receiving spouse. It is important to note that bridge-the-gap alimony is not modifiable in amount or duration.

As of July 1, 2023, permanent alimony is no more in Florida after Governor Ron DeSantis signed SB1416 into law on June 30, 2023. Changes to the law governing alimony awards will apply to any final judgment entered on or after July 1, 2023 include: The elimination of permanent alimony, leaving only bridge-the-gap, rehabilitative, and durational forms of alimony. Rehabilitative alimony is limited to 5 years. Durational alimony may not be awarded for any marriages less than 3 years in length. An award of durational alimony is limited based on the length of the marriage, and may not exceed the receiving spouses reasonable need, or 35% of the difference between the parties’ net incomes. Courts must make specific written findings if a paying spouse is required to purchase life insurance to secure the receiving spouse’s award of alimony. A court must reduce or terminate an award of alimony if it makes specific written findings that a supportive relationship exists. A paying spouse must prove by a preponderance of the evidence that a supportive relationship exists. Once proven, the burden shifts to the obligee to prove by a preponderance of the evidence that the alimony award should not be reduced or terminated. The new bill codifies standards and procedures related to retirement. If the paying spouse seeks to retire, they may apply for modification of the alimony award no sooner than 6 months prior to the planned retirement.

In May 2023, Florida Governor Ron DeSantis Signed Into Law A Bill Coined “Greyson’s Law”. Read On For More On “Greyson’s Law.” “Greyson’s Law” is a result of the tragic murder-suicide involving 4-year old Greyson Kessler and his Father, both residents of Broward County. Days before tragedy struck, Greyson’s Mother, Ali Kessler, had filed an emergency petition in Broward County outlining her fear of becoming a victim of domestic violence at the hand of Greyson’s father. Greyson’s father had, days prior, sent a number of disturbing and threatening communications to Ms. Kessler. However, these communications were not considered in protecting Greyson from his Father. “Greyson’s Law” Now Provides Additional Safeguards And Protections For Children And Families. Greyson’s Law amended Fla. Stat. §61.13, requiring courts to consider certain factors in deciding whether shared parental responsibility is detrimental to the child. In determining detriment to the child, the court shall now consider: Evidence of domestic violence as defined in § 741.28 Whether either parent has or has had reasonable cause to believe that he or she or her minor child or children are or have been in imminent danger of becoming victims of an act of domestic violence… by the other parent against the parent or against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court; Whether either parent has or has had the reasonable cause to believe that his or her minor child or children are or have been in imminent danger of becoming victims of an act of abuse as defined in § 39.01(2)…. by the other parent against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court; and Any other relevant factors. Greyson’s Law further amends Fla. Stat. §741.30 pertaining to domestic violence injunctions adding the following {mark all that apply} instances of domestic violence: Whether Respondent “engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short.”  The Court is now able to consider whether the Respondent has or had engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however, short, which evidences a continuity of purpose and which reasonably causes the petitioner to believe that the petitioner, or his or her minor child or children are in imminent danger of becoming victims of any act of domestic violence when determining whether the entry of a domestic violence injunction is appropriate. This new statutory language goes into effect July 1, 2023.

A common scenario during the initiation of child support proceedings is as follows: My child’s Mother/Father quit their job, or switched from full-time employment to part-time employment. What happens to child support now? Fla. Stat. § 61.30(2)(b) provides that “monthly income shall be imputed to an unemployed or underemployed parent if the unemployment/underemployment is found by the court to be voluntary on the parent’s part, absent a finding of physical or mental incapacity or other circumstances over which the parent has no control. How Is Income Imputed? If the Court finds the parent is voluntarily unemployed or underemployed, the parent’s income shall be determined by the following: The parent’s recent work history The parent’s occupational qualifications The income level within the community given the parent’s work history and qualifications. If the parent fails to participate in a child support proceedings, income will be automatically imputed to the parent at the median income of year-round, full-time workers published by the United States Bureau of the Census. However, to impute income higher than the median income, the party seeking to impute income must present evidence indicating that the unemployment/underemployment is voluntary, and identities the amount and source of the imputed income by providing information such as: Party’s education Party’s experience Party’s current licensure The geographic location of the party The parties’ time sharing schedule  The evidence presented must not be more than 5 years old and income cannot be imputed at a level a party has never earned in the past, unless the party was recently degreed, licensed, certified, relicensed, or decertified. Did your co-parent recently change jobs? Are you considering a job change? Seek out the advice of Counsel before doing so to discuss the impact your job change may have on the calculation of child support. Call our office today for more information.

For those going through family law cases involving minor children, usually there are two big questions; what will timesharing look like, and what is child support going to be? Before considering child support, it’s important to write out a Parenting Plan. A Parenting Plan is a document that outlines the relationship between the parents, and the minor child(ren). Elements of a Parenting Plan can differ family to family, including specifics about child(ren)’s education, health care, religion, etc. Who Creates A Parenting Plan? A Parenting Plan can be developed and agreed to by the parents through mediation to other means. A Parenting Plan created by parents (with or without the help of an attorney) must be presented to the Court, and ratified (approved) by the Judge. Family law cases are often settled by parents in mediation, after all, the people who know your family best is you! If the parents are unable to agree to a Parenting Plan, or if the Court does not approve the Parenting Plan submitted by the Parents, then a Parenting Plan would be established by the Court. The Court does not know the intricacies of your family dynamic, they determine a Parenting Plan by applying the facts presented to the best interest factors in Fla. Stat. §61.13. What Are The Minimum Elements Of A Parenting Plan? At a minimum a Parenting Plan approved by the court must: Describe how the parents will share and be responsible for the daily tasks associated with the upbringing of the child(ren). Include a timesharing schedule that specifies the time the child(ren) will spend with each parent. Designate who will be responsible for health care, including health insurance, dental insurance, and vision (if applicable). School related matters, including the address to be used for school-boundary determination. Dictates Parental Responsibility (shared, ultimate-decision making, sole). Extra-curricular activities and the costs associated with them. Describe the methods and technologies the parents will use to communicate with the child(ren).  Do you and your co-parent need a Parenting Plan? Have you been working on a Parenting Plan, but can’t agree on everything? We can help!

If you have a pending Dissolution of Marriage case, or pending Paternity action, you’ve likely received an Order requiring that you attend a “Parent Education and Family Stabilization Course.” A large number of children going through the divorce or separation of their parents each year. Legal proceedings often cause conflicts between parents. Ultimately, children suffer from parental conflict. This could lead to short-term and/or long-term consequences. Therefore, to limit the potential for negative consequences, the courts require a Parent Education and Family Stabilization Course be taken by both parents to provide information to each parent showing the “behind-the-scenes” process Judge’s complete when making decisions on issues affecting the children. The Parent Education and Family Stabilization Course should be completed at the earliest stages of your pending legal matter, but must be completed before the conclusion of the same. The Department of Children and Family Services (DCF) approves parenting courses with the following minimum requirements: 4 hour minimum length Information regarding spousal and child abuse and neglect Educational in nature, not therapeutic What Do These Classes Cover? Approved Parenting Courses can cover a wide range of topics, but primarily covers issues related to custody, care, time-sharing, and support of a child or children including, but not limited to: Legal aspects of deciding child-related issues between parents Emotional aspects of separation and divorce on adults Emotional aspects of separation and divorce on children Family relationships and family dynamics Financial responsibilities to a child or children Issues regarding spousal or child abuse and neglect Skill-based relationship education that may be generalized to parenting, workplace, school, neighborhood, and civic relationships I Took My Course, Now What? If you’ve completed your course, please submit your certificate of completion to our office via email and we will ensure the Certificate is properly filed with the Court. Provider List Please follow this link to find a list of providers based on your respective circuit. Parent Education and Family Stabilization Courses (LIST) Additionally, please reach out to our office to confirm if an online course is acceptable in your particular matter. Thank you!

The Florida Department of Revenue (otherwise known as “DOR”) is authorized to administratively establish child support obligations. The DOR does not have the ability to determine issues related to a divorce, separation, alimony, spousal support, termination of parental rights, dependency, disputed paternity, or change of time-sharing. What does that mean? First, it’s important to note that the Florida Division of Administrative Hearings (DOAH) is not the same as the circuit court. These two court systems have concurrent jurisdiction. This means that both court systems may enter court orders related to child support at the same time if there is no existing court order of child support. This is important to note because the DOR is limited to issues only related to the establishment or modification of child support. The DOR cannot implement a parenting plan that is not agreed upon by the parties. While the DOR can establish and modify child support, they may not establish a Parenting Plan when the parties cannot agree. Additionally, the DOR and DOAH cannot enforce a parenting plan, even if it is one that is agreed upon by the Parties. Initiation Of Administrative Support Proceedings Have you received a certified letter in the mail titled “NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER” from the Florida Department of Revenue? If so, a proceeding to administratively establish child support has begun. Service of this Notice is established pursuant to § 409.2563(4) Fla. Stat. and does not always require formal service of process. Opting Out Of The Administrative Support Proceedings As the obligor, you can opt out of the administrative support proceedings. Upon receipt of the initial Notice of Proceeding to Establish Administrative Support Order, the obligor must 1) request in writing that DOR proceed in circuit court, or 2) state in writing intent to address time sharing and/or parental rights issues in circuit court. The obligo may also file a support action in circuit court and serve DOR with a copy of the Petition within the same 20-day time frame. Doing Nothing – Does More Harm Than Good If you choose to ignore the initial Notice, and any documents thereafter, the DOR may proceed without your participation. If you’ve received a Notice from the Florida Department of Revenue, contact our office right away for assistance

Prenuptial agreements are contracts entered into by parties in contemplation of marriage. Prenuptial agreements typically outline the rights and obligations of each spouse. Prenuptial agreements are governed by the law of contracts. For prenuptial agreements, the parties’ marriage is the only consideration required. If the parties execute a prenuptial agreement, and do not marry, then the prenuptial agreement is not valid. What Are Things That May Be Waived In A Prenuptial Agreement? Prenuptial agreements allow parties to waive certain rights and interests in the event of a divorce. For instance, alimony may be waived. Parties may include a provision in their prenuptial agreement outlining their obligation or right to alimony. However, an alimony waived must specifically be waived. The right to certain marital property may also be waived. For example, one party may outline their “non-marital asset” shall remain their individual asset according to the terms of the prenuptial agreement. However, the other spouse is nevertheless entitled to an equitable distribution of the increase in value or appreciation that results from the efforts of the parties or from marital funds or both during the marriage. However, the parties can specifically waive this in their prenuptial agreement. Parties may also waive the right to post-dissolution attorney’s fees, costs, and suit monies. What Are Things That May Not Be Waived In A Prenuptial Agreement? While prenuptial agreements are governed by contract law, Florida public policy prohibits some rights and interests from being waived. A party cannot waive the right to temporary support. Temporary support includes both pre-dissolution alimony and attorney’s fees, costs, and suit monies. Although the parties may waive spousal support in a prenuptial agreement, a party may still be elegible to receive support on a temporary basis, until the entry of a Final Judgment dissolving their marriage. Parties cannot waive the right to pre-dissolution attorney’s fees, costs, and suit monies. A prenuptial agreement waiving or limited attorney’s fees to a spouse who needs them in a pending dissolution action violates public policy. The right to child support cannot be waived. Child support is a right that belongs to the child. That right cannot be contract away by the parents. The parties also cannot waive the best interest standard as it pertains to child custody. The best interest standard must be applied when determining timesharing. However, parties can waive the substantial change in circumstance standard for any future modification case. Approximately 40-50% of first-time marriages ultimately end in divorce. Prenuptial agreements may be seen as taboo, but a prenuptial agreement should instead be seen (and used) as a safety precaution. Having a prenuptial agreement prior to marriage may save you time and money. Executing a prenuptial agreement does not guarantee divorce. Before you get married, contact our office to discuss a prenuptial agreement and how marriage will effect your personal property, investment accounts, real estate.