Brandon Legal Group - Blog
Myth #2-Leaving Marital Home Means Losing Your Rights to It
Myth #2-Leaving Marital Home means Losing Your Rights to It THIS IS NOT TRUE! A spouse will not lose rights to the marital home, simply because they left the home. Often one spouse will leave the home with the children, sometimes as a result of violence or to keep the child(ren) from being involved in arguments. It […]
Myth #6 – Child Support Payments Ends at 18
Myth #6 - Child Support Payments Ends at 18 Child Support Payments do not necessarily end when the child reaches 18 years of age. The standard for when child support payments end is When the child graduates from high school When the child reaches the age of 18...
Myth #1 – First to File Has the Advantage in Divorce
Myth #1 – First to File Has the Advantage in Divorce THIS IS NOT TRUE! There’s absolutely no advantage legally to filing for divorce first as far as the courts are concerned. There might be personal reason for the race to the courthouse, but they make no difference to the outcome of the hearing. Filing, has advantages, […]
Myth #5 – If I Pay My Ex Spouse Directly, I Am Upholding the Letter of the Law
Myth #4 – If I Pay My Ex Spouse Directly, I Am Upholding the Letter of the Law THIS IS NOT TRUE! Under current Florida law you are required to pay child support though the Division of Child Support Enforcement. Payments made directly to the other parent do not count towards your child support agreement. Payments outside […]
Divorce Rates Tumble During Pandemic
Falling Divorce In The Midst Of The Pandemic No one predicted this one! All the experts were certain that divorce rates would skyrocket during the Pandemic. Bowling Green State University’s Center for Family and Demographic Research performed a study, Florida Marriages and Divorces represented the largest pool of data, detailing divorce expectations at the beginning […]
Myth #4 – I Will Go to Jail If I Cannot Pay My Child Support Obligation
Myth #4 – I Will Go to Jail If I Cannot Pay My Child Support Obligation THIS IS NOT TRUE! The important word here is “cannot”. If you cannot make your child support payment, for a good reason, like losing a job, you would not be held criminally liable, and would not go to jail. Clearly there […]
Myth #3 – Child Support Payments are Set in Stone
Myth #3 – Child Support Payments are Set in Stone THIS IS NOT TRUE! The law recognizes that life is ever evolving, and change is probable. People move, get better jobs, expenses for things like summer camp and daycare or after-school arrangements change. Any changes to child support must be approved by the judge. Parents can decide […]
Myth #2 – Child Support Payment are Decided By the Parents
Myth #2 – Child Support Payment are Decided By the Parents THIS IS NOT TRUE! Generally speaking, child support payment amounts are a result of a calculation made by the court. This is not a decision typically left to the parents. The judge has a small amount of discretion at their disposal, however, that discretion is based on the calculated child support payment. (For instance, there might be extenuating circumstances where the judge tells one parent they need to pay x% more than the calculation.). That discretion is very limited. It is quite possible that outside of the child support agreement one payment choses to give the other spouse more than required, however that is generosity towards the well-being of the children, it is not considered excess payments, potentially applied to a future payment (a rainy day fund) Brandon Legal Group 1209 Lakeside Drive Brandon FL, 33510 Phone: (813)-902-3576
Child Support Myths – No One Pays Child Support with Joint Custody
Child Support Myths – No One Pays Child Support with Joint Custody THIS IS NOT TRUE! Florida has Legal, and Physical custody. It is “typical” that both parents have time with the children of the marriage, and that they have Joint Legal Custody. Legal custody means the parent has the right to make decisions about […]
Common Sense Child Custody Basics
Child Custody, the basics In matters of Child Custody, too often actions are driven by the heart, and are hasty “reactions to the moment”. There are some basics, some of which are grounded in Divorce Law, and some grounded in common sense, all grounded in years of experience as Child Custody and Family Law Attorneys. […]