One of the major concerns that people have when contemplating whether or not to file a divorce, is “what is going to happen to my finances after I file, but before the court enters my divorce?” This is a very real concern. Many people going through a divorce are financially dependent upon their spouse for their own support, or the support of their child(ren).

People often fear that once they have filed for divorce, their spouse will become angry or withdrawn and refuse to provide the type of support that they have provided in the past. This fear can keep people locked into a toxic relationship that is not good for either party or their children. So what is the solution?

Financial Help Before Your Divorce is Final

Well, did you know that in Florida it is possible to get alimony and child support before your divorce is finalized? It is. In fact, in the vast majority of cases that we handle for our clients going through a divorce, one of the first steps is to get our clients set up with “temporary” support. It is deemed temporary because it will not last beyond the entry of the final judgment dissolving the marriage. It is just as effective, however, as any sort of permanent alimony or child support entered by the court.

Temporary Alimony Can Be Enforced

Temporary alimony and child support is calculated the same way as alimony and child support entered at the end of a case. It is also enforceable in the same way. That means that if your spouse does not pay the temporary alimony or child support as ordered, he or she can be found to be in contempt of court, and possibly even be put in jail. That is usually not necessary though, since we typically request that the alimony or child support come straight out of the obligor’s paycheck, and placed directly into our client’s bank account. The only occasions where that does not happen is where our clients do not want it to happen. Otherwise, the law requires the court to enter an “income withholding order” that takes the support directly out of the obligor’s pay before he or she has an opportunity to receive it.

If you were considering filing for divorce but were hesitant due to the financial uncertainty the divorce process can bring, then hopefully this information helps put your mind at ease. If you would like to get more information and discuss these matters with one of our family law attorneys, feel free to contact us online or call us at (904) 355-2700.

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If you are going through a divorce in Florida, then one of the major areas of concern has to deal with how to divide up the marital estate. In order to fairly or “equitably” distribute the marital estate, it must first be determined what exactly is the marital estate.

In Florida, the marital estate consists of marital assets and liabilities. A marital asset or liability is any asset or liability that was obtained during the marriage, with a few exceptions. But essentially, if something was obtained during the marriage, then it is considered marital property in the eyes of the law. Marital property in a divorce context does not only consist of land and homes, commonly referred to as “real property,” but also other tangible items like automobiles, paintings, furniture, jewelry, boats, guns, and on and on.

Property Distribution in Divorce

What people going through a divorce sometimes do not realize though is that intangible items, such as retirement accounts, pension plans, annuities, and even some life insurance policies are also considered marital property. All of these items are subject to what is called in Florida divorce law as “equitable distribution.” This means that under Florida law, the court will equitably, or fairly, distribute these marital assets between the parties. Regardless of who acquired the assets, the court will usually distribute the marital estate equally between the parties. This means that even if you did not work, but your spouse did, almost anything obtained during the marriage could be equally divided by the court during the divorce.

But what if you aren’t sure what your spouse has? Perhaps he or she does not keep you informed about their assets and debts. In Florida, there is “mandatory disclosure” in all family law cases, including divorces. That means that your spouse will have to provide information regarding all of his or her accounts and assets. If they refuse to provide such information willingly, then it can be subpoenaed from their bank, credit union, or employer.

If you have any questions regarding asset or property division in the context of a divorce, then do not hesitate to give us a call at (904) 355-2700. One of our experienced, aggressive divorce attorneys will be happy to confidentially discuss your case with you. Makofka & Makofka, Jacksonville family law attorneys, help those going through a divorce in Northeast Florida, including Duval, St. Johns, Nassau, Clay, and Baker Counties.

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In Florida, there are few occasions where failure to meet a court-ordered obligation is actually punishable by contempt. Failure to pay court-ordered child support is one of those obligations however that is punishable by contempt. That means that if a parent is ordered to pay child support by a court of law, and they fail to meet their obligation, the judge may hold them in contempt of court. If a parent is obligated to pay a certain amount of child support per month, it is presumed by law that the parent has the financial ability to pay that amount of child support that had been previously ordered. If that presumption is not rebutted, the judge may likely hold that parent in contempt. If a parent with a child support obligation, or “obligor,” is found to be in contempt of court, the judge may order that parent to pay a certain amount of money towards their child support within a certain time frame or they might put that parent in jail.

Child Support Obligations in Florida

Frequently, how this works is the judge will order the obligor to pay a certain support amount by a certain time. This amount is called a “purge.” For example, if the obligee is $10,000.00 behind in their child support obligation, the judge may order them to pay $2,000.00 within 7 days in an effort to get them caught up in their child support. If the $2,000.00 is not paid within the 7 days, the judge just might send that parent to jail until the amount is paid. In this example, the $2,000.00 would be the purge amount. Someone is said to have “purged themselves of the contempt” by paying the full amount required. In an effort to get the obligor current in their support, the court will often require that additional monthly payments be made on top of the regular child support amount as well.

As attorneys representing individuals who are owed child support, we always request that the parent in contempt of court reimburse our clients for their attorneys’ fees and costs. It is not their fault that the other party is behind in their child support. These attorneys fees are meant to cover the expense of having to go through the contempt process in the first place.

If you have any questions about child support or feel that you need help in this area or any other area of family law, divorce, or paternity, don’t hesitate to contact us today. Makofka & Makofka, Attorneys at Law. Serving northeast Florida. Duval, St. Johns, Clay, Nassau, and Baker Counties. (904)355-2700.

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