Sarasota Family Law And Criminal Defense Law Blog

A business owner in Florida who goes through a divorce might have to give an ex-spouse partial control of the enterprise. A divorce could even lead to the loss of the company. However, there are steps a person can take to reduce the likelihood that his or her business will be affected in a divorce.

One way to do this is with a prenuptial agreement. It can state that the business is to be considered separate property in the event of a divorce. However, there may be circumstances in which the company owner wants his or her spouse to get something from the business if they divorce. In this case, the prenup could state what percentage the spouse will receive. The advantage of putting this information in a prenup is that it allows a couple to negotiate when they are not dealing with the stress of divorce. If they are already married, they can create a postnuptial agreement.

When parents in Florida face a financial crisis or problems with their former partner, they may wonder if they can terminate their child support obligations. In some cases, people may want to take action when an ex-spouse prevents visitation or interferes with the parent-child relationship. By withholding child support, they may hope to pressure their former partner to allow them time with the children. In other cases, people may simply be unable to fulfill their obligations due to disability, unemployment or other external factors.

However, it is generally very rare for child support to be terminated after being established. Family courts decouple child support and visitation, so refusing to pay child support is not an appropriate means of action when scheduled visitation or custody time is delayed or denied. Instead, parents who are being denied time with their children may consult with a family law attorney about going back to court. Family courts do not look favorably on attempts to undermine the parent-child relationship, and excluded parents may have a much better path toward contact with their children.

One of the mistakes divorcing couples in Florida should avoid is ignoring the tax implications of the decisions they make during the settlement process. Certain assets may have a current value, but that value can change when those assets undergo tax treatment in the future.

Another mistake to avoid during a divorce is not having all of the necessary financial paperwork on hand. As soon as a divorce seems a likely possibility, it is important to obtain the balances and account numbers of all financial accounts as well as Social Security statements that report the earnings of a spouse and any probable future benefits. Documentation regarding how much was paid for significant assets and major home improvements should also be gathered.

When a child's parents have divorced, the noncustodial parent will typically make support payments to the custodial parent. The goal is to ensure that the needs of Florida children are taken care of. Generally speaking, the amount of a child support payment is based on state guidelines that take several factors into account.

Child support payments can be used for a variety of different purposes. For instance, they will likely be used to ensure that a child has adequate food, clothing and shelter. They can also be used to cover educational expenses as well as health care expenses. A noncustodial parent is generally required to help pay for summer camps or other reasonable incidental costs related to raising a son or daughter. Parents are not to use child support payments as a method of covering their own expenses.