Florida's Permanent Alimony Here to Stay -- For Now

Looks like there is a cease-fire in the fight against permanent alimony, as legislators retreat from bill revision for 2014. Supporters plan to "push it" for another year, though, so it should be back on our radar again. Read more at the following link:

http://www.miamiherald.com/2014/03/06/3974192/senator-no-alimony-reform.html

What is a Parenting Plan?

Orlando family law attorney Jennifer Dane answers the question: "What is a parenting plan?"

A parenting plan is a relatively new tool that’s been laid out by the legislature. It’s replaced what we used to call custody and visitation. Instead now, we have a parenting plan, which lays out timesharing.

Any time parents are divorced, or are not married, and are going to be living separately and raising a child together, they’re going to be co-parenting that child. Because the child is going to be living in a different place with mom or with dad, back and forth, we have to have, essentially, the rules by which the parties are going to agree to co-parent that child.

A parenting plan will lay out, specifically, what everyone’s rights and responsibilities are for the child until the child is 18 or until the child emancipates. Included in that would be a timesharing arrangement. The timesharing arrangement is going to speak specifically with regard to who has the child on what days and for what holidays, when the exchanges will be, what the telephone contact with the other parent will be on the times when the child is with the opposite parent… It’s basically going to lay out everything for the child going forward.  It will talk about health insurance. Who’s going to pay the health insurance? Who’s going to cover the uncovered medical expenses? Are we going to split that 50/50?

A parenting plan will also talk about extracurricular activities. Do the parties have to mutually agree on the extracurricular activities? Who’s going to be responsible for transporting the child to the extracurricular activities?

It’s all things that, if you were living together and raising the child, you would have to talk about anyway, but you would be living together and doing it. Instead, you’re living separately and doing the same things, and we like to have everything written down, so there’s no question about what everybody’s going to be doing going forward.

The great thing about a parenting plan is it gives parents the ability to work together and to change it and to modify it as they need to. However, if for some reason the parties can’t agree on a change, then we have a default document that you’re going to go back to, and that’s the parenting plan with the timesharing arrangement.

So, that basically is the parenting plan. It covers custody and visitation, or what we used to call custody and visitation, of the minor children, and it gives everyone their rights and responsibilities to the child going forward.   

Seminole County Legal Advice re: School Re-Zoning

Seminole County schools started today and Orange County start on Monday August 20th. This is such an exciting time of year as the kids prepare to go back to school or start school for the first time. To make sure they are prepared make sure you and your spouse or former spouse have a game plan for getting them to and from school on time, they have the right school supplies, they are getting enough sleep and enough to eat, these will all make for a happier and more productive school year. Additionally, if you are getting ready to divorce or are divorced, be aware that there are major changes coming down the pipeline for Seminole County schools next year and choosing a school district for the kids will be a part of your settlement agreement. If your address may be part of the rezoning effort in Seminole County make sure you know where you will be rezoned to and how that school ranks. It is almost always in the children’s best interest to go to the higher ranking school.  If you have any questions about how to handle back-to-school situations as they pertain to divorce, please contact an Orlando lawyer today...we are happy to clarify!

Here is some information on the potential re-zoning efforts in Seminole County:

http://articles.orlandosentinel.com/2012-08-05/news/os-seminole-schools-rezoning-closing-20120804_1_karen-almond-switch-campuses-school-board

Baby Boomers and Amicable Divorce

This is a great article on a trend among baby boomers – divorce. The baby boomer generation is getting divorced at a higher rate than expected. This article talks about how the divorce can be done amicably and efficiently.  If you find yourself in this situation, it is important that you contact an Orlando Lawyer to help you navigate the potentially tricky issues that come with divorce. 

http://www.cnn.com/2012/06/24/living/baby-boomer-divorce/index.html?hpt=li_t2

Florida Divorce? Not If You're Part of A Same-Sex Marriage

Beware that if you are a same sex couple that has gotten married in one of the few states that recognizes same sex marriages, you may run into some of these same complex legal issues if your marriage does not work out and you are seeking a divorce and you live in Florida. Florida does not recognize same sex marriage and therefore if you have been married in a state that does and you seek to dissolve that marriage in Florida you will not be able to.  Contact an Orlando Lawyer for in-depth help!More info:

http://www.cnn.com/2012/06/07/living/same-sex-divorce-marriage/index.html?hpt=li_t2

Happy Marriage!

This week's article isn't about the usual Orlando family law problems we discuss like divorce, or child support, or any other unfortunate legal problem.  It's a series of tips on how to never have to deal with any of those issues.  This week's article reminds us all of what's truly important and what our priorities should be.   After all, there's more to family law than the bad things...if you need an Orlando lawyer to draft a will or help with step-parent adoption, by all means, let me know!   Enjoy this little breath of fresh air!

http://www.huffingtonpost.co.uk/mobileweb/2012/04/27/marriage-secrets_n_1459770.html

Orlando Family Law May Change with Amendment 6

Orlando family law may be changing--stay informed!  Amendment 6 is a proposed new law that, if passed, will change parents' rights to consent to medical procedures on children. It is important to know what your rights are as a parent and what the legislature is doing to change those rights. Amendment 6 is just one way in which changes in the legislature directly affect your life.  If you have questions on Amendment 6 or any other legal issues, contact an Orlando lawyer for assistance.
More info on Amendment 6:

http://articles.orlandosentinel.com/2012-04-27/opinion/os-ed-abortion-amendment-pro-042712-20120426_1_parental-consent-parental-rights-parental-notification

From an Orlando lawyer and future parent, this week's article gives us a reason to check our priorities.  To all parents, married , single or divorced, it is important not only to watch what you say online but what your children are saying and doing as well. Read the following article on how to identify when/if your child is experiencing cyberbullying.  Make sure you are taking proactive steps to protect your children, especially when you are in the middle of a divorce or custody battle. Children can be the most vulnerable when things are uncertain at home. Do not forget … Judges are looking at the best interest of the child when making their rulings … being a proactive parent can help your Orlando divorce case in front of a Judge and is certainly in the best interest of your child.

http://www.pbs.org/parents/childrenandmedia/article-protecting-kids-from-cyberbullying.html

Pay Attention To Your Child's School Attendance!

If you're looking into an Orlando divorce or paternity case, read on!Do your kids hate going to school? Are they missing more and more days … read the article below regarding  a recent Father’s run in with the law as a result of unexcused absences. http://www.wdrb.com/story/17523421/louisville-man-must-answer-to-judge-for-school-absences Remember when a Judge is making a decision regarding the children in your divorce or paternity action, he or she is going to act in the children’s BEST INTEREST. Unexcused absences might not only land you in front of a criminal judge but will also negatively affect your divorce or paternity case. Stability and consistency are the most beneficial things you can offer your children when you are facing legal action.  If you have questions on how your your case might be affected by your child's school attendance, contact an Orlando family law attorney ASAP!

Divorced and Traveling with Children? Plan Ahead!

The summer is rapidly approaching--which is hard to believe--and it will be here before we know it. As summer draws near the summer plans begin to form. If you are a divorced parent with children there is a great deal of planning that must be done in advance if you plan to travel with your child(ren). Call your Orlando family law attorney with any specific questions you might have; if you think there might be issues with your ex, it's a good idea to have a plan of attack.  In general, it is best to consult your marital settlement agreement (MSA) or parenting plan for the rules you should follow when traveling with your child(ren). Most commonly if you plan to travel you will need to give the other party at least two weeks’ notice with a written itinerary and contact information for where you will be with the child(ren) and how to reach them in case of an emergency. In most cases complying with what has been agreed to should be sufficient, but there are times when the parties cannot agree to the travel plans or a conflict arises between the parties' schedules with the child(ren); that is why it is important to get a jump start on your plans now and/or consult an Orlando lawyer. The sooner you are ready with an itinerary the better. If for some reason you cannot work out the summer plans with your former spouse, planning ahead will allow you ample opportunity to seek relief from the courts. Additionally, before you plan your trip you may want to consult the website below; this site will help you plan a safe trip for you and your child(ren).
http://www.travel.state.gov/

Orlando Lawyers Know The Pitfalls of Social Media in Domestic Cases

Social media has changed our lives in so many ways. One change that I see in Orlando domestic cases is how people communicate with each other. It is not uncommon for one spouse or another to post something about the other spouse that in less than flattering. Sometimes people engage in behavior that they regret but there are pictures that end up on the internet, these photos can be damaging to more than just an ego. Remember everything you do and say on social media sites, text messages, and in emails may all be used as evidence in your pending domestic case. More than just damaging to your case these types of communications may have a lasting negative impact on your children. In Florida, the courts are most concerned about the best interest of the children when determining which parent is better suited to have the children. Please remember that what you put into cyberspace can and will have lasting effects on your family, children and case in general.
For more info, contact your Orlando family law attorney or see these websites:
http://www.huffingtonpost.com/2011/09/09/facebook-relationship-problems-social-networking_n_955980.html
 http://www.psychologytoday.com/blog/happiness-in-world/201006/the-effect-technology-relationships

Orlando Lawyer Offers Tips on Post-Divorce Health Insurance

Health insurance becomes an issue in almost every Orlando Orlando divorce, particularly when there are children involved. Many times one spouse provides insurance for the entire family through their employer, however, after a divorce that spouse can no longer cover the other spouse on their employers insurance. If you are the spouse losing coverage and cannot secure coverage through your own employer you may consider a cobra plan or your own individual plan as soon as the divorce is final. Insurance coverage can often be an unexpected expense after the divorce is final and it is important to include this cost when you are evaluating what your expenses will be post divorce. Children must always be covered and if insurance is not available through either spouses employer the State of Florida has a program called KidCare that will keep children insured at a fraction of the cost of private insurance.  Be sure to consult your Orlando family law attorney with any questions you may have.

Law Office of Jennifer T. Dane, P.A.
2431 Lee Road
Winter Park, FL 32789
(407) 260-0500
Fax: (407) 629-0180
JDane@JenniferDaneLaw.com
http://www.jenniferdanelaw.com/

Proposed Bill Would Make It More Difficult To Award Alimony Based on Claims of Adultery

Hello from the Orlando, FL Law Offices of Jennifer T. Dane!
This week we wanted to discuss some news and topics regarding alimony.  Here's some background:
Florida Statute 61.08 discusses Alimony and how the award is figured in Florida. Unlike child support there is no statutory formula for an award of alimony. There is a two part test that must first be passed before an award can be made, 1. Need of the spouse requesting alimony 2. Ability to pay on the part of the payee spouse. Once this test has passed muster then the court moves on to a list of factors enumerated in subsection (2) of the statute which includes standards of living during the marriage, duration of the marriage, age of the parties, financial recourses… ect. In subsection (1) it states “ The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony…” Because Florida is a no fault state meaning we do not care why you want a divorce or who caused it adultery in only one of many factors that may be taken into consideration when awarding alimony. However the proposed legislation discussed in the article above will make it increasingly difficult for alimony to be awarded based on claims of adultery.
Here is the link to the original article, found on the Orlando Sentinel's online news site: http://articles.orlandosentinel.com/2011-11-19/news/os-scott-maxwell-divorce-alimony-112011-20111119_1_alimony-divorce-legislator
Please let us know if you have any questions about Orlando alimony or legal services in general!
Sincerely,
The Law Office of Jennifer T. Dane, P.A.
2431 Lee Rd.
Winter Park, FL 32789
(407) 260-0500
jdane@JenniferDaneLaw.com
http://www.jenniferdanelaw.com/