The bill would have required judges in divorce proceedings to adopt a premise for approximately equal time-sharing of children between spouses. Judges could adjust the split based on 20 factors listed in state law.
Scott objected to that provision, saying it would put some parents’ interests ahead of those of their children.
Scott did not comment on the bill’s proposed changes to alimony rules, which would create a formula for payments based on each spouse’s income and the length of the marriage. It also would have terminated permanent alimony payments upon a spouse’s remarriage and allowed for a review upon their reaching retirement age.
Another controversial provision would have permitted alimony renegotiation if the recipient’s income rises by 10 percent. Opponents of the bill said that trigger was set too low, endangering the welfare of recipients, primarily women, who through hard work made progress in providing for their children.
In 2013, Gov. Scott also vetoed a major family law reform bill, which likewise created a presumption for equal child custody. He said that bill would have been unfair to alimony recipients because it would have applied retroactively to longstanding alimony judgments. This year’s bill did not contain retroactive provisions.
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Office To learn more, visit http://www.brandonlawoffice.com/
The post Another family law reform bill falls to Gov. Scott’s veto pen first appeared on SEONewsWire.net.]]>Divorce can have a profound effect on children. And children do not really have a say in whether their parents stay together. Obviously, having children gives parents an enormous incentive to work things out. But in the end, the decision to keep the family together or split it up rests with the parents.
Health scientists and social scientists want to know exactly how divorce affects children. A pair of recent studies on the consequences of divorce showed harm, but those problems can be solved, mitigated or avoided altogether by a loving, but divided, family.
The first study showed that children of divorced parents may be at greater risk of health problems. Researchers at the University College of London studied the blood of 7,462 people age 44. They found that the subjects whose parents had divorced before they reached age 16 showed elevated levels of a protein that is associated with increased risk of adult-onset diabetes and heart disease.
Dr. Rebecca Lacey, who led the study, said that it is not necessarily the divorce itself that caused the physiological changes, but rather the socioeconomic hardships that often accompany divorce when compared to two-parent households. For instance, children of divorced parents can face greater economic challenges and more limited educational opportunities.
The second study indicated that children of divorced parents regard their relationships with their parents as weaker than other children’s. Researchers at the University of Illinois at Urbana-Champaign surveyed 7,335 men and women averaging 24 years old. Those from divorced families less often saw their current relationship with their parents as “secure.” The effect was more pronounced in those whose parents divorced before they reached age 5.
Studies like this can be disheartening to families contemplating divorce, because they feel conflicted about the actions that are best for their children and for themselves. But not every divorce or troubled relationship or child is the same.
Notice one thing both the studies mentioned have in common: the negative effects of divorce on children are worse for younger children. No divorce at all gives kids the best chance, but if divorce must happen, later is better than sooner. If you and your partner can stay amicable and on the same team for the sake of your child – even for just a couple more years – the benefits can be significant. Couples therapy can go a long way to help you make this happen.
If divorce is inevitable, at the very least, it can be peaceful. “Collaborative divorce” is a process by which couples agree from the outset to cooperate and negotiate toward a solution that is satisfactory to both parties and their children. They agree not to litigate against each other. The process is not only often faster and less expensive than litigious divorce, but far less emotionally draining.
Many couples with prenuptial agreements find that the documents give a certain peace of mind and help them avoid fights. If you are considering divorce, it is too late for a prenuptial agreement, of course, but not for a postnuptial agreement. “Postnups” are just like prenups, but for couples already married. Sometimes it can help prevent conflict to have a written agreement in place, and if a divorce still comes to pass, the outcome is largely prenegotiated and the process can be relatively quick and painless.
When a divorce is finalized, parents can still give their children enormous advantages by actively maintaining healthy, happy relationships – both with your children and your ex. Children who see their parents maintain civility and cooperation and keep close ties with both of them will fare far better than those who do not.
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Studies Show Divorce’s Ill Effects on Children, but Risks Can Be Mitigated first appeared on SEONewsWire.net.]]>But in fact, many investment accounts, including 401(k) accounts and individual retirement accounts (IRAs), have beneficiary provisions that supersede wills. These provisions are sometimes called “substitute wills” because of their ironclad legal status.
Beneficiary designations on investment accounts are an important and useful estate planning tool. They enable the probate process to be bypassed for those assets, meaning their transfer to beneficiaries is quick and easy, with a minimum of paperwork or legal hassle. But just as efficiently as these provisions can bring about the decedent’s wishes, they can bestow assets upon the wrong person if they are not kept up to date.
This potential problem is aptly illustrated in cases of divorce. If someone names his or her spouse as beneficiary, then gets a divorce, but fails to change beneficiaries, the ex-spouse could inherit the bulk of the estate.
In a different example, a man has children from a previous marriage. He has since divorced and remarried. Because the law dictates that his 401(k) goes to his current wife by default, he must file certain paperwork if he instead wishes to leave the funds to his children. A prenuptial agreement to this effect is not enough; the man’s current wife must specifically relinquish her claim on the account.
The following must be considered to ensure retirement account assets go to the right people:
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post To Ensure Wishes for Their Estates Are Met, Divorcees Must Consider Beneficiary Designations first appeared on SEONewsWire.net.]]>Today, unscrupulous spouses may be employing a new, high-tech innovation to do so: electronic currencies like Bitcoin.
Bitcoin is the best-known of a class of computer-generated currencies invented within the past several years. These crypto-currencies may be used to purchase practically any good or service.
They began as a concept of interest mainly to computer scientists, but soon, they began to attract wider attention for their clandestine properties. All Bitcoin transactions are recorded on a public ledger viewable by anyone, but the parties to those transactions are anonymous “addresses” – strings of letters and numbers akin, perhaps, to a Swiss bank account. Bitcoin rivals or surpasses cash in terms of its anonymity of ownership, ease of transfer and simplicity of concealment.
While there are few, if any, currently documented cases of Bitcoin or other electronic currencies used to conceal assets in divorce, there is little doubt that the option will become attractive to those desperate enough to break the law in the pursuit of financial gain.
Bitcoins are often purchased online by wire transfer or electronic bank transfer. This method is also employed by those with nothing to hide, but it could present significant obstacles to asset discovery for those who desire it. Bitcoins can also be purchased in person with cash — potentially leaving no paper trail whatsoever.
If it is easy to conceal the actual purchase of bitcoins, concealment of ownership is even easier. The use of the currency depends on a long password, called a “key.” Bitcoin keys are easily stored on USB flash drives, memory cards or paper printouts, then hidden anywhere. They may even be memorized, leaving absolutely no physical evidence.
The transfer of bitcoins is a trivial task involving a few keystrokes and a tiny transaction fee. A divorcing spouse could have a trusted friend or relative hold on to the currency in his or her own accounts.
The problem of uncovering assets in an adversarial divorce is a very old one. Electronic currency may be the latest method available to cheating spouses, but it will not be the last. Parties to divorce, family law attorneys and judges all need to be vigilant in ensuring a fair and lawful outcome in every divorce case.
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Bitcoin a Potential New Method of Asset Concealment in Divorces first appeared on SEONewsWire.net.]]>Eight gay couples who were married in states that recognize same-sex marriages joined with the American Civil Liberties Union in filing suit against Florida. Their lawsuit argues that the state unfairly discriminates against them by not recognizing their marriage, violating the Florida and U.S. Constitutions.
Florida Attorney General Pam Bondi filed a response asking the federal judge in charge of the case to throw it out. This is no surprise. Arguably, it is required of her office. But it is her choice of words that has some gay marriage advocates expressing indignation.
Bondi’s legal brief included the following: “The Court should also deny the preliminary injunction motions because there is no likelihood of success on the merits, there is no immediacy requiring a preliminary injunction and disrupting Florida’s existing marriage laws would impose significant public harm.”
On May 30, the attention of gay rights activists and the news media turned to that last word: “harm.” Some took it as evidence of the attorney general’s malice, bigotry or outdated prejudice.
In response, Allen Winsor released a statement from the attorney general’s office. It clarified that, “Florida is harmed whenever a federal court enjoins” – that is, prevents – “enforcement of its laws … Florida’s voters approved a constitutional amendment which is being challenged, and it is the attorney general’s duty to defend Florida law.”
Perhaps Bondi should have chosen her words more carefully. But what is truly important and interesting about this case is not the attorney general’s position on it, but the stakes for Florida family law and for Florida same-sex couples. In states where gay marriage is not recognized, the issues couples face are diverse.
First, of course, is the fact that many Florida same-sex couples wish to marry but cannot. Then, like the plaintiffs in this case, some are married under the laws of recognizing states, but live in a non-recognizing state. Still other couples – at least one of whom has filed a separate lawsuit against Florida – were legally married in another state but wish to divorce. The spouses are unable to do so because their marriage is not legally recognized in the Sunshine State.
In June 2013, the U.S. Supreme Court struck down both a federal law preventing the recognition of same-sex marriages for federal benefits and a California law banning same-sex marriage. Since then, efforts to fight such bans have gained momentum state by state.
Many Floridians are anxious to see the outcome.
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Attorney General Bondi Offends in Florida Same-Sex Marriage Case, but Larger Issues Are at Stake first appeared on SEONewsWire.net.]]>Human Rights Campaign, an LGBT rights advocacy group, recently released its annual Municipal Equality Index. The Index serves as an evaluation of protections, benefits and services offered to LGBT people at the municipal level. Tampa received a score of 89 out of a possible 100 — a huge jump up from its score of 66 in last year’s survey.
Tampa has been recognized for its non-discrimination policies in housing and employment for the past two years. But until recently, Tampa’s score suffered for its lack of protections for transgender people and for its lack of requirements for municipal contractors to offer employment protection to LGBT individuals.
Another advocacy group, Equality Florida, recently issued a press release calling Florida “the new frontline” for gay rights in the South. The release recognized the quickly changing political landscape in the state, and it outlined three changes the group hopes to help achieve in Florida within the next three years.
The first is gay marriage. In 2008, Florida voters approved a constitutional amendment banning same-sex marriages, civil unions and domestic partnerships. Equality Florida says it is preparing to file a lawsuit to overturn the ban. The second goal strives for LGBT protections in employment, housing and public accommodations. In 30 states, U.S. law allows employers to fire employees for their sexual orientation. Third, the group plans to boost support to local initiatives to protect gay rights at the city and county level.
Advocacy groups will need some help from state lawmakers if they want to accomplish all their goals. Fortunately for them, Democrats in the Florida Senate are already advancing a number of civil rights bills for 2014, including protections against discrimination in housing, employment and banking.
Another measure would establish a statewide domestic partnership registry, similar to those already in place in Tampa, Clearwater and St. Petersburg. These registries, available to both same-sex and opposite-sex unmarried couples, ensure a host of legal protections that are automatically granted to married couples. These protections include the authority to make decisions regarding child care, health care and after-death care.
Equal protection for all Floridians under the law has not yet been achieved, but the work of lawmakers and advocacy groups has brought the goal much closer.
Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Tampa Recognized for Gay Rights Protections; Lawmakers and Advocates Hope to Further the Cause first appeared on SEONewsWire.net.]]>A recent article on the Washington Times Communities website suggests that the Affordable Care Act (ACA), or Obamacare, may lower this barrier to divorce if it succeeds in making health care more affordable.
A study by the University of Michigan in 2012 found that each year, some 115,000 American women lose their health insurance after they get divorced. Many of them are not employed outside the home, work part-time, or work for companies that do not offer insurance. Some are eligible for COBRA benefits, but of those, many cannot afford the premiums while living alone.
Concerns over health insurance are especially prevalent among couples divorcing after age 50, cases sometimes called “gray divorces.” If individuals are too young to qualify for Medicare, they may find themselves priced out of insurance markets. An unknown number of couples remain married until age 65 for this very reason.
Individuals with pre-existing conditions who are covered under their spouse’s plan also face strong incentives to remain legally married.
Beginning January 1 2014, the ACA could change this dynamic for many people. Presumably, some number of people will be able to afford health insurance on their own where previously they could not. If the program is a success, and large numbers of couples find themselves in this situation, the divorce rate could rise sharply, especially among the unemployed or underemployed, seniors and those with pre-existing conditions.
The ACA could also bring about changes in spousal support. The cost of health insurance affects the need for spousal support, with one party often having to pay enough for adequate coverage. Any change in the overall insurance market could affect how much support is awarded in some cases.
Accounting for these changes will likely be highly contentious in several ways. Opposing parties might disagree over whether spousal support should provide for excellent (“platinum”) insurance, or only basic (“bronze”) plans. If the spouse receiving support is eligible for a federal insurance subsidy, the other party may argue that that should lower the support awarded. Likewise, the expansion of Medicaid in some states will make more individuals eligible—another possible argument for lower support.
Among those couples who find themselves better able to afford health insurance under the Affordable Care Act, some who might otherwise have remained married may opt for divorce. The specific effects of such a change will take time to recognize and understand.
Kristi J. McCart is a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post If Affordable Care Act Lives Up To Its Name, Divorce Rate May Rise first appeared on SEONewsWire.net.]]>The first thing to know is that you should make every effort to reach a mutually-agreeable compromise on all issues related to your children. This may involve simple, honest communication between partners, couples or individual therapy, a custody mediator, or the help of an attorney. Try to avoid taking your custody battle to court, which can often harm the relationships between not just you and your partner, but between the children and both parents. A method of divorce becoming more widespread is called “collaborative divorce,” which boils down to compromise, agreement, and a lack of litigation. Regardless of your marital status, cooperation between partners is always preferable to an adversarial relationship.
If you cannot reach a resolution in your child custody dispute and must go to court, here is what to keep in mind.
If Both Partners are Legal Parents
Both same-sex partners may be legal parents of a child for any of these reasons:
When both partners have legal parental rights, courts will resolve child custody disputes as they would for opposite-sex couples. The best interests of the child will be held paramount, and a variety of factors will be used to determine this.
If Only One Partner is a Legal Parent
Most often, partners who are not legal parents have no parental rights at all, and cannot seek custody, regardless of the reason they are not legal parents. However, some courts have granted rights to second parents on the basis of the partners’ intent to raise the children together or the second parent’s relationship with the child. For instance, did the nonbiological parent attend doctor’s office visits and birthing classes with the biological parent? Did the second parent involve his or her family as members of the child’s extended family? These factors can influence judges to grant parental rights.
If you are a legal parent who wishes to deny your ex-partner child visitation or partial custody, carefully consider your motivation. If you genuinely believe that it is not in your child’s best interest to visit with your ex-partner, it is your right to pursue that. But the fact that your ex may be a flawed person or your inability to get along as a couple are not sufficient justification.
If you are a second parent, and your ex-partner wishes to deny you visitation or partial custody, find out with the help of your attorney whether your state will permit you to present a claim. If so, what steps must you take? If not, are you willing to try to forge new law? Are you willing to pursue your case up to an appeals court? This can be difficult and expensive, but it is often how laws are changed – an important aspect of our common law system.
No matter the legal status of your relationship with your partner or your child, remember to put the child’s interests first. In most cases, this means allowing the child to continue a relationship with both parents and maintaining a civil relationship of respect and compromise between partners.
Kristi J. McCart is a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Child Custody Issues When Ending Same-Sex Relationships first appeared on SEONewsWire.net.]]>In practice, of course, it does not work quite like that. It is still significantly less common for men to be awarded alimony – indeed, many men who may be eligible for alimony do not even request it. This is despite the fact that women’s likelihood of working and their income levels are both rising, and they are now more likely than ever to be the primary or even sole breadwinner member of a couple.
A recent study from Pew Research Center on “breadwinner moms” shows that a record 40 percent of households with minor children include mothers who are either the primary or sole source of family income. The figure was just 11 percent in 1960. The 40 percent figure must be taken with a grain of salt: two-thirds of that group is made up of single mothers with a median income of just $23,000. The other third, though, is made up of 5.1 million married mothers with a median family income of nearly $80,000. These are the true breadwinner wives and mothers who might very well have to pay alimony if they divorced and their spouses requested it.
But the truth is, many men who might be eligible to receive alimony do not request it. According to the U.S. Census Bureau, in 2010, there were 380,000 women in the U.S. receiving alimony, but just 12,000 men. A man might believe that asking for alimony is a sign of weakness. If he comes from a marriage in which his spouse made more money, he might have lingering issues with not being the primary breadwinner that could make him hesitant to continue in a role of being supported by his spouse.
It is still true that alimony is more often awarded to women than to men because women are more likely to have foregone education and work experience for the sake of a spouse or a family. But that is a generalization. An individual man is more likely than ever to be in a marriage in which the opposite is true. Anyone seeking a divorce who believes they need or deserve to be awarded alimony should seek the counsel of an experienced divorce attorney as soon as possible.
Kristi J. McCart is a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Despite Rising Income for Women, Men Hesitant to Request Alimony first appeared on SEONewsWire.net.]]>Speak with your lawyer.
This assumes you hired a divorce attorney – which is highly recommended. Although a divorce lawyer’s primary job is to assist with the divorce itself, they have an interest in seeing their clients succeed post-divorce as well. Your family law attorney is likely to have a number of good suggestions, from expanding on the tips in this article to referring you to professionals, organizations, or support groups to help you along. Even if your divorce is already finalized, your lawyer will probably be happy to spend a few minutes giving you some advice.
Make a budget.
Your divorce probably caused significant changes to your cash flow and responsibilities. Now is the time to remake a proper budget from the ground up. Evaluate your income sources and try to anticipate an entire month’s living expenses. Then maintain a record of all income and expenses and re-evaluate your budget periodically. Is your financial path sustainable? If you are going into debt, what expenses are you able to trim? If you are able to save, are you setting aside that money in order to avoid the temptation to overspend?
Depending on your asset levels, you may wish to speak with a financial planner or accountant for help protecting your wealth.
Update estate plans.
Your spouse was likely named as the beneficiary for your insurance and investment accounts. Make a list of all accounts that need to be checked and change them as necessary. If you have a will, make an appointment with your attorney to review it and any other legal documents involving your ex.
Reassess your insurance coverage.
If your health insurance came from your spouse’s employer, you will need to find your own coverage soon. If you are unemployed or your employer does not offer health insurance, look into purchasing COBRA insurance through your ex-spouse’s insurer. COBRA provides for temporary continuation of group benefits.
You may have a greater need for long-term care insurance following your divorce. If you anticipated your spouse being able to care for you in the event that you needed long-term care, you may have to reevaluate.
In all your dealings with money, exercise caution and seek expert advice when you need it. With a little effort and planning, your post-divorce financial life can be secure and rewarding.
Joshua Law is a Tampa divorce lawyer and Brandon family law attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Tips for Managing Your Financial Life After Divorce first appeared on SEONewsWire.net.]]>Not all marriages last as long as the couple may have hoped for and when they make the decision to divorce, the mortgage on their house remains a silent partner in the proceedings. In effect, one is not just divorcing a spouse — one must also divorce the mortgage.
The housing market today is slow and with even tighter lending requirements, divorcing couples face an uphill battle to get divorced. Before the housing bubble burst, it was relatively simple to divorce, sell the marital home, split the proceeds (equity) and each buy another home. With the market the way it is now, this rarely happens. The home, once an asset, has turned into a liability — one that is increasingly difficult to discharge.
From the point of view of the bank financing the mortgage for a home, a couple will stay married and keep paying the monthly debt unless the home is sold or refinanced. However, when things happens and a couple can no longer stay together, they need to consider other options, and check them out with a great deal of care. This means attempting to put aside all the emotions involved in a divorce in order to make logical and informed decisions, often with the assistance of an experienced Brandon divorce lawyer.
The main goal is to keep an eye on the long-term results, and move past the short-term pain of the divorce and losing the house. If a couple cannot move past the immediate issues and focus on the future, things are likely to be bleaker for them as they try to deal with financial issues. The main focus needs to be selling the house, as it still remains the easiest way to put a joint debt, like a mortgage, behind you.
Although selling the home may be the best solution, it is not always what happens, because the market is so unpredictable. At this point, the couple needs to look at their situation from a different point of view, by considering other ideas. For instance, could one of them refinance the home? Does one spouse have sufficient credit and income to remain in the home and continue with the payments? Is there another arrangement a spouse could make with a roommate to share the mortgage payment?
Nothing should be off the table when it comes to determining a way to settle the mortgage issue. Just because the house might not sell right now does not mean it will not sell later, when the economy begins to recover to a point where the housing market starts to pick up once again. Considering all options will make the divorce process easier to navigate. Getting stuck on what to do with the house should not be regarded as a stumbling block, but rather a chance to be creative in solving the problem. If you’re hung up on how to deal with the mortgage, ask your Brandon divorce lawyer for advice.
Joshua Law is a Tampa divorce lawyer and Brandon family law attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post When The Marriage Ends, The Mortgage Does Not first appeared on SEONewsWire.net.]]>The United States already leads the world in divorce rates, with approximately 50 percent of marriages ending in divorce. Now baby boomers are divorcing at a much greater rate, accounting for one out of every four divorces in 2009, the last year for which data is available. That represents a 15 percent increase since 1990. Florida is particularly affected by the increase, as many people retire to the state.
Researchers have found that people who have already been divorced once are 2.5 times more likely to be divorced again than people in first-time marriages.
The reasons for the increase in divorce among older couples are not entirely clear, but researchers have speculated that they include greater social acceptance of divorce and greater financial independence among women.
Any divorce is difficult, but seniors have particular life circumstances that affect them differently than younger couples. For one thing, older people are often planning carefully for retirement and expecting to rely on two sets of assets and income. This type of planning often involves a balance of retirees’ own assets, including a 401(k), combined with Social Security benefits and health care savings from Medicare. When those resources are split instead of combined, and either or both spouses has reached the end of a working career, serious financial hardship can result.
Divorce can be one of the most trying emotional experiences, and it is important to be sure that both parties take a clear-headed approach to financial planning, including creating a budget that takes into account reduced funds. Of course, each party should have the counsel of an experienced family law attorney to be sure that assets are divided fairly.
When people have been married for a longer period, there are often more assets to divide in a divorce. This may include savings, real estate, stocks and other investments.
In the state of Florida, property in a divorce is assigned according to “equitable distribution,” which calls for assets to be divided proportionally. A divorce settlement can include alimony, which may be more appropriate in some cases than a lump sum payment.
In addition to the financial aspects, a qualified family law attorney can assist in the preparation and review of new legal documents such as wills, insurance policies and healthcare directives.
O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon divorce lawyer, Tampa divorce lawyer, or Tampa divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.
The post Seniors Face Special Challenges in a Divorce first appeared on SEONewsWire.net.]]>Once an agreement has been reached and a time-sharing plan is in place, there are important reasons to stick to the plan and do so with thick skin.
• The kids. First and foremost, the children have to be the priority in the process. If they are in their diapers or in their teens, the children are the first priority of the court and it is in each parent’s interest to keep what is best for the children in mind. If the answer to all questions starts with asking ‘what is going to be best for the children?’ then the questions will be easier to answer.
• Money. Disagreeing about a co-parenting agreement can lead to a return to court. Refusing to comply with an agreed-upon time-sharing arrangement will lead to expensive litigation while the other parent tries to get everyone to live up to their end of the deal. Many parents say they wish they had avoided going back to court by simply getting along better during the process.
• Stability. By sticking to the parenting plan directed by the court in the divorce proceedings, each of the time-sharing parents can secure stability not only for the children but also for themselves. Late pick up times, missed phone calls and miscommunication about test scores or doctor’s visits all can create tension and frustration for the parents and for the children. Stability is good for the children and it is good for each parent.
Because sticking with a parenting plan is good for the kids, good for the checkbook and good for everyone’s sanity, it is important to be a great co-parent.
Being a great co-parent can often be a function of looking at this new arrangement like a business partnership. Most successful business partners can put their personal differences aside to do what is best for the company. Many former spouses with shared parenting responsibilities have had success looking at their arrangement this same way – like a business.
Looking past personal differences often means finding a way to not feel hurt when the other parent says something nasty or does something out of character. It means having thick skin. Removing personal animosity toward the former spouse and concentrating on the business at hand – raising the child – can help make everyone’s experience less stressful.
Joshua Law is a family law attorney at Osenton Law Offices, P.A. If you need a Brandon family lawyer, Tampa family lawyer, or Tampa divorce attorney, call 813.654.5777 or visit http://www.brandonlawoffice.com/
The post Family Law Attorney Urges Business-Like Approach to Shared Parenting first appeared on SEONewsWire.net.]]>Orlando Sentinel columnist Scott Maxwell analyzed the proposed Florida House and Senate bills in a mid-November article claiming the bill would benefit “…wealthy men who cheat on their wives.”
A pro-reform group called Florida Alimony Reform claims the Sunshine State’s laws are draconian and out-of-touch with modern society. According to the group’s website, “Because of [antiquated] laws and attitudes, it is common for healthy, employed women in their 30s and 40s to receive permanent alimony.”
Versions of the bill were introduced by State Sen. Miguel Diaz de la Portilla of Miami and State Rep. Ritch Workman of Brevard County, both Republicans. Maxwell pointed out in his column that Workman introduced the bill only about a week after his own divorce became final.
The proposed law would dramatically affect family law. HB 549 and SB 748 both have provisions that limit alimony’s duration as a function of the length of the marriage. “Lifetime alimony” is a sticking point among proponents of change. The new law could end alimony upon reaching retirement age and cap alimony at 20 percent of the payer’s income.
Workman admitted in Maxwell’s column that the cap would likely be removed. Some have called it unconstitutional.
The proposed law would allow people currently paying alimony to petition the court to modify their agreement based on the new law and would prohibit the use of a payer’s new spouse’s income as part of a judgment.
Workman told Maxwell the Florida proposal was inspired by and modeled after sweeping reforms passed by the Massachusetts Legislature this past summer. The highlight of the Massachusetts law is limits to the length of time alimony must be paid. But now divorced spouses in Massachusetts can have their payments ended by a judge if they move in with another partner even if they do not get remarried.
The Massachusetts law also has inspired proposed legislation in New Jersey. News outlets including ABC News and the Huffington Post are covering the trend of state alimony reform.
If the Florida bill were to pass with the provision that allows courts to look at previously decided judgments, it opens the doors for many cases to get a fresh look.
Workman told Maxwell he has already reconsidered some parts of the bill. The Florida Legislature begins its 2012 session Jan. 10.
O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon family law attorney, Tampa divorce lawyer, or Tampa divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.
The post Proposed Alimony Changes in Florida Would Dramatically Alter Divorce Law first appeared on SEONewsWire.net.]]>A divorce can be emotionally exhausting and can make the holiday season practically unbearable. All of this can be unfair to the children of a divorce. But there are some things to keep in mind as the holidays approach that can help calm the storm.
Here are five tips to help your children enjoy the holidays and help you survive through January.
1. Have a strategy. As much as possible, plan out where everyone will be and when so that your children will know what to expect and the other parent can plan his or her schedule as well. Be on time with planned phone calls and pick ups and drop offs.
2. Stay connected. Keep in touch with the other parent so that you are not overlapping gifts or giving the children presents that are forbidden to have. It is important to know what is going on with the children when they are not with you in order to be a good parent to them when they are with you.
3. Focus on the children. Remember that the children like parties and presents and seeing their cousins that they only get to see a couple of times a year and they should get to enjoy that. Try to surround young children with things that they know – especially if this is the first holiday since the divorce.
4. Be positive. It will hurt your ability to negotiate with the other parent if it gets back to them that you have been speaking unkindly about them. Since your family will be around the children, too, remind them to stay positive about your children’s other parent in front of the kids. It may be your dad’s instinct to make remarks about the other parent under his breath. Or it may be in your sister’s nature to want to discuss all of the details of how the marriage ended. But it is your job to tell your family that all comments about the family around the kids need to be upbeat.
5. Start some new traditions. Your children will miss the old traditions you had as a family. That is natural and you may miss them, too. But use this as an opportunity to start some new celebrations. Let your children help to design some of these new holiday rituals so that they can take some ownership of them.
Tampa divorce lawyer Joshua Law is an experienced child custody attorney at Osenton Law Offices.
O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon child custody attorney, Tampa divorce lawyer, or Tampa family law attorney, call 813.654.5777 or visit Brandonlawoffice.com.