Brandon Legal Group - Blog
What Is the Difference Between Legal and Physical Custody?
What Is the Difference Between Legal and Physical Custody? There’s often confusion around the difference between Legal and Physical Custody. At its simplest, those with Legal Custody have authority to make decisions for the child or children. Physical Custody reflects where the child resides physically. It is quite possible that there is 50/50 shared custody, […]
Myth #9-The Unemployed Spouse has the Advantage, So Quit
Myth #8-The Unemployed Spouse has the Advantage, So Quit THIS IS NOT TRUE! NO, absolutely not. The courts look at income, true. However if the court has reason to believe that one spouse is “voluntarily” unemployed, or worse, unemployed to manipulate the end result of the divorce, the judge may “impute” income to the unemployed spouse. What […]
Myth #8-Kids Get To Chose Their Parent
Myth #8 – Kids Get To Chose Their Parent THIS IS NOT TRUE! The fact of the matter is that children learn from the day they were born how to manipulate their parent to get what they want. Hungry? Cry for attention. That worked, lesson learned. Children, especially young children, are not mature enough to make the […]
2019 Child Support: More Money for Families
2019 Child Support: More Money for Families In FY 2019, the child support program collected $32.4 billion. 75% of child support was collected by income withholding from an employee’s paycheck. 96% of child support collected went to families. This child support program served 14.3 million children. Click Here to download the full infographics. […]
Myth #6 – Contested Divorces are Best Managed in Court
Myth #6 – Contested Divorces are Best Managed in Court THIS IS NOT TRUE! This is not always the case. It is not patently false though. Contested divorces are the ones where divorcing couples cannot agree on the terms of their divorce, typically they are intractable around issues of division of assets, or time-sharing with the children […]
Myth #5 – Whoever is on the Title, Gets the Property
Myth #5 – Whoever is on the Title, Gets the Property THIS IS NOT TRUE! Absolutely false. If the asset, whether a car or a vacation home, was acquired during the marriage, it is marital property subject to equitable distribution between the parties by the court. Things get a little more complicated with assets that were acquired […]
Myth #4 – Adulterers Lose Divorce Cases
Myth #4 – Adulterers Lose Divorce Cases THIS IS NOT TRUE! Once upon a time, if a spouse cheated, they were not entitled to alimony. That is no longer the case, under most circumstances. Florida is a “no fault” state, meaning that one of the parties needs to believe the marriage is irretrievably broken. “Fault” does not […]
Myth #9 – Wages Cannot Be Garnished For Unpaid Child Support
Myth #9 - Wages Cannot Be Garnished For Unpaid Child Support THIS IS NOT TRUE! The truth of the matter could not be more different than the above assumption. Child support payments can be garnished from your paycheck, even if you have never been late, even if you never...
Myth #3 – Women Have an Advantage Over Men in Custody
Myth #3 – Women Have an Advantage Over Men in Custody THIS IS NOT TRUE! Florida law explicitly states that there is no advantage to custody based on gender. Custody is, in fact, no longer even used in Florida Law. When it comes to time-sharing, all the factors that govern time-sharing between parents are typically guided by […]
Myth #8 – Bankruptcy Voids Child Support Obligations
Myth #8 - Bankruptcy Voids Child Support Obligations THIS IS NOT TRUE! To the contrary. Having debts forgiven through bankruptcy means that bankrupt parent should have more funds available to pay child support. This is not a state issue, but federal. Nowhere in the US...