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September 2019 Archives

Protecting special needs children in divorce

No divorce is pleasant, but a divorce that involves custody and support for a child with special needs can be orders of magnitude more complex and heart wrenching than a divorce without such issues. The key is to begin planning for the child as soon as the divorce becomes more than a mere possibility.

Modifying or enforcing orders for child support or alimony

When a Florida judge enters an order terminating a marriage and establishing financial requirements of each party, many couples who have endured the process believe that the worst is behind them. Unfortunately, the future can be unpredictable, and people's needs and situations change.

Is it getting harder to pay child support?

While you may feel disappointed that your marriage ended in divorce, perhaps your greatest regret is that you do not get to spend as much time with your children. Custody and visitation schedules can be frustrating, but you try to enjoy the time you spend together. You may feel proud and amazed at how much your children seem to grow before your eyes. Their needs are changing, and this may be one concern as you struggle to meet your child support obligations.

Awarding setoffs or credits upon the sale of the marital home

For most divorcing couples in central Florida, the family home is the couple's principal asset. If the couple has lived in the home for a significant period, the house has more than likely accumulated significant value. It may also represent the couple's single largest debt in the mortgage loan or other indebtedness secured by a real estate mortgage. The law requires that the couple divide their assets fairly and equitably, and this rule almost always requires the couple to sell their home and divide the resulting proceeds or indebtedness equally. Many divorcing Floridians do not realize that the sale of the marital home may generate significant credits or setoffs against the net equity in the home.

Granting temporary child custody to a third party

Most child custody disputes in central Florida divorces involve a dispute between the child's natural parents. Occasionally, however, a third party such as an aunt or uncle or grandparent may attempt to obtain custody of one or more of the divorcing couple's minor children. In such cases, the court must decide whether the natural parents are fit to have custody of the child.

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Diaz Family Law Firm
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