Family Law
Whether we are helping you through a divorce, setting up a parenting plan to ensure that your children’s best interests are cared for, or working on a collaborative case to place the choices in the hands of the clients, we strive to advocate for you in the best way possible and make sure that everyone benefits from the outcome. Handling your family law matters well requires the help of a professional who cares. With years of experience resolving family matters, The Law Office of Marcie L. Baker, Esq., P.A., is a great partner to work with on your case. Our firm specializes in many aspects of Family Law. If you’d like to schedule a free consultation with us, contact our office today!
FAQ:
How long does it take to conclude my divorce?
There are several factors that affect the length of time necessary for a divorce, including but not limited to, whether your divorce is contested or uncontested. The length of time to conclude a divorce also depends on whether there are any children common to the marriage or real property issues to be resolved. The presence of real property and children may increase the complexity of the issues you and your spouse must agree on. You and your spouse have control over the length of time it takes, depending on your desire to resolve the issues and willingness to reach an agreement of the matters.
Another important factor is the county in which the divorce is filed, which is governed by statute. Time frames vary from county to county and there is no control over the Judges’ availability in the event a hearing is required.
Should I move out of the marital home?
If you or the children are in danger it is of high importance to contact your local law enforcement agency or file a domestic violence injunction. If children are involved and custody (timesharing) is an issue, you should speak with an attorney prior to moving out of the home.
How is child support determined?
The State of Florida uses Child Support Guidelines to determine the amount of child support. The final number is based on the net incomes of both spouses and the number of children common to the marriage. The number of nights each parent spend with the children has may affect child support. There are other factors which may determine a reduction in child support on a case-by-case basis.
I currently have a child support obligation; can it be modified?
The court will consider modifying child support agreements but there must be a significant change in financial circumstances. An extreme reduction or loss of the non-custodial parent’s income may constitute a change as would an increase in the custodial spouse’s income.
Can the amount of child support change if I lose my job?
The court may consider modifying child support agreements when a significant change in financial circumstances occurs. Involuntary loss or a drastic reduction in income may constitute such a change, as would a sudden increase in one parent’s income.
How to I get temporary support until the final hearing?
If the parties are unable to agree, you can seek a temporary order from the court for temporary spousal and/or child support prior to the final hearing. Florida law requires that support be paid during the pendency of the divorce, when at all possible.
Can I relocate with my children after the divorce?
The State of Florida prohibits relocating minor child(ren) more than 50 miles away from their principal residence, unless the new residence is less than 50 miles from the other parent, without the written consent of the other parent or a court order. If you wish to relocate with the child(ren) and the other parent objects, you must follow specific steps required by law. The court must approve the relocation before you are allowed to move the children.
Can I modify the parenting plan?
A parenting plan, or a time-sharing schedule may not be modified, absent agreement of the parties, without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interest of the child(ren).
A parenting plan or time-sharing schedule may be modified by agreement of the parties. Should the parties agree to such modification, the stipulations should be reduced to writing, and the agreement should be filed with the Court and submitted to the judge presiding over the case for approval. Although the Court generally ratifies the parties' agreements approval can be withheld if the agreement is not in the best interest of the child.
How do I determine what property I will get to keep during a divorce?
The parties may choose to make the decisions about dividing property and debts on their own before or during the divorce process. If the couple cannot come to a decision on the division of assets on their own, a mediator may be brought in to help with the process, or the court may be asked to help if a dispute arises.
If you have other questions about Florida divorce, child support or any other family law proceeding, The Law Office of Marcie L. Baker, Esq., P.A. has answers. Contact us today by calling (813) 929-1900 or completing the contact form.