We hear this question at least once per week, and have for years. The short answer is, “it depends.” It depends primarily on whether the facts and circumstances of the potential client’s case justify the expense of hiring legal counsel. Here are some things to consider.

First, in a criminal case, where there exists the possibility of a jail sanction, there is the legal requirement for the Court to consider appointing a lawyer to represent the person charged. If that person is determined to be “indigent,” meaning they cannot afford to hire a lawyer, then the Court must appoint a lawyer to represent that person free of charge. Of course, a person is always free to hire a private lawyer in such criminal cases, but they will bear the cost of keeping the lawyer retained. While there are many fine attorneys who do so-called “appointed” criminal defense work, some people will simply prefer to retain their own lawyer, for many different reasons.

Considering Convenience and Choice

One such reason is convenience. People often say that they like the accessibility and ease of contact regarding their private lawyer. Some clients have us on speed dial. Further, not every one will find it comforting to be one of many clients being represented at the same time by say, a public defender’s office. We often hear people say that they prefer a more individualized approach to representation that they were not experiencing with their appointed attorney.

Another reason is choice. When the Court appoints a lawyer for an indigent defendant, the defendant does not get to choose who that attorney is, and as a result, the client (and the lawyer) are rather “stuck” with each other, unless the lawyer withdraws from the case. This may create issues from the very start, if for example, the client is not comfortable with the attorney appointed to represent him or her, for whatever reason.

In the case of a privately retained attorney however, the client is free to choose their counsel, and hence able to decide if he or she is more comfortable with say, a male or a female attorney, or someone who is of a particular race or religious background. An elderly client, for example, may be more comfortable with representation by someone in his or her age range, and so on.

Utilize a Free Consultation to Meet With a Lawyer

To be sure, it is important, for purposes of maintaining a healthy attorney-client relationship, that the lawyer and the client are comfortable working with one another. The choice of a private attorney by a client can help facilitate that comfort in ways that an appointed lawyer simply cannot.

What about civil cases? In civil cases, such as family law matters, divorce, etc., the choice of whether to hire a lawyer is driven by somewhat different considerations. In civil cases, since there is no jail time at stake, the law does not provide for a free attorney like it does in criminal cases. If a person wants to have a lawyer represent him or her in say, a divorce action, then he or she must hire their own lawyer, or otherwise represent themselves.

We often are asked, “can I represent myself in a divorce?” The answer is “yes.” The laws of the State of Florida are set up in such a way to allow so-called pro se litigants (people acting as their own lawyers) to handle their own cases. The bigger question a person should be asking however, is should he or she be acting as their own lawyer.

The Importance of Hiring a Specialist

Consider this: The law is a confusing thing for most people, even under the best of circumstances. It takes three years on average for a person to obtain a law degree. If it were easy to do, everyone would be a lawyer. It is not. Most areas of the law are quite technical, requiring a full understanding of procedures and substantive issues, that most lay persons simply have no knowledge about. Is it possible though to learn these things however in such a way as to grant a lay person the ability to represent himself? Sure. Anything is possible. I could go home today and try to re-roof my house if I wanted to. It is perfectly legal. I wouldn’t do that however, because I have no specialized knowledge or training in that area, and would hate to risk further damaging the roof due to my untrained attempts to fix it. The law is like my roof analogy.

We are comfortable suggesting that in family law cases, where minor children are involved, it is a good idea to have legal representation, particularly if there is an attorney on the other side of the case. If there are significant assets/debts at issue then the hiring of a lawyer is probably a good idea. Is there a question of alimony? Talk to a lawyer. If there are substantial issues at stake, then consult with a professional and see if the hiring of a lawyer in a family law case is right for you. Don’t leave it up to guesswork. If however, the divorce involves a short term marriage (under seven years duration). No kids, no property, no debts, no claim for alimony by either spouse and no other issues, then perhaps a lawyer is an unnecessary expense. The only way to be sure however is to talk to a lawyer about the facts and see what he or she recommends.

If you or someone you know needs help with a family law matter or criminal law case in North East Florida, feel free to contact our office at Makofka and Makofka for a free consultation. We are here to help!

The post Do I Need to Hire a Lawyer? appeared first on Experienced Jacksonville Lawyers.

Ever wonder why you and your co-worker have different child support obligations even though you earn the same income? That is because child support in Florida considers many factors aside from just the parties’ incomes. Child support calculations take into consideration a number of things, such as union dues, the parent’s health insurance, the child’s health insurance, time-sharing/child custody, child support ordered and paid in another case, as well as daycare expenses.

Child Support Fluctuation Partially Based on Time Sharing & Child Custody

Recently, the law was changed so that child support is also dependent upon the number of overnights that each party has with the child. If the obligor or paying parent has at least 20% of the yearly overnights with the minor child, then that parent receives a reduction in his or her child support obligation. That reduction increases with each additional overnight as well. So a parent with 30% of the overnights will be paying substantially less than a parent with 20% of the overnights, if all other factors were equal. The law used to require that a parent would have to have at least 40% of the overnights in order to receive a reduction in their child support obligation, but a few years back that law so as to only require 20%.

The thinking behind this policy is simple: the parent paying child support should not have to pay as much child support if the child is with them a substantial amount of the time because they are already providing support for the child when the child is with them.

It Might Be Possible to Reduce and Recalculate Your Child Support

This is good news for parents currently paying child support. In Jacksonville and the surrounding areas, most parents paying child support receive at least 90 overnights a year, which is roughly 25% of the overnights. If this is the case for you, then you might just be entitled to a reduction in your child support based upon a recalculation of the child support guidelines. Feel free to contact us and we will be happy to assist you with determining what your child support obligation should be.

Contact Jacksonville Family Law Attorneys Makofka and Makofka today about any family law matter in the Northeast Florida Courts. Contact us today, we offer free consultations at our downtown Jacksonville office.

The post How Much Is Average Child Support in Florida? appeared first on Experienced Jacksonville Lawyers.

People often ask, “What does it take to get a divorce in Florida?” The answer is fairly simple. People need to be a Florida resident for the six months prior to the filing of a divorce action, and they must allege and establish that the marriage is “irretrievably broken” meaning that it cannot be repaired under any circumstances. We also frequently hear people say that his or her spouse won’t “agree to the divorce.” We have to explain that it is not up to the other spouse to agree or disagree. If one spouse wants a divorce and the above two criteria are met, it is a certainty that the Court will dissolve the marriage. Sometimes, however, we see situations where one party truly wishes to oppose the divorce, wanting to keep the marriage together, for whatever reason. So what happens under those circumstances?

Required Counseling by Florida Divorce Court

Divorce Courts in Florida have great discretion in how they handle this type of issue. For example, the Court might refuse to grant the divorce without first requiring the parties to participate in some form of marital counseling in an effort to save the marriage. That does not frequently occur, but it is within the Court’s power to do so, particularly where one spouse requests that it do so. Should the other spouse be strongly opposed to the marital counseling, some Courts will see the counseling as a likely waste of time, and will refuse to grant such a request. The facts and circumstances of each divorce case will ultimately guide the Court’s decisions in this regard.

Remember, it is not up to the other spouse to decide if you get a divorce. It is up to the Court. If you need help deciding if a divorce is right for you, or how you should proceed once you have decided to divorce, you need experienced attorneys handling your case.

Call Jacksonville Attorneys Makofka & Makofka today for a free consultation regarding your divorce rights in Florida. We can help!

The post Florida Divorce Law Basics appeared first on Experienced Jacksonville Lawyers.

Divorces can turn nasty for couples who are not keeping sight of the important aspects of life. In most divorce cases, couples are not thinking about their financial situation or their family, due to their feelings being hurt that the marriage ended. After all, no one got married with the intent on divorcing the person a few years down the road. As a family law attorney, I have dealt with several couples who are going through a divorce. Over the years, I have found that for those who think with their brain, instead of their heart, their divorce will likely work out better for all involved.

There are several aspects that I encourage my clients to consider when they are going through a divorce. They do not need to think about what happened to make their marriage end in this way, as this can get emotions high. Instead, I encourage my clients to look at:

1. Family:

If you have children, they must be considered first in the context of a divorce. Your time should be devoted to ensuring that their needs and welfare are met and not just yours. Remember that children are innocent bystanders and completely dependent upon their parents. I also encourage couples to consider their visitation/timesharing, talk with one another about their children, and even seek out counseling/therapy to ensure their family is not suffering from this decision.

Protect your children from the divorce as much as possible. While there may be an urge to say something negative about your soon-to-be former spouse while in the presence of the children, never give in to that temptation. Children are much more insightful than people realize. They will internalize the negative comments that you might make about the other party. Children realize that they are one-half mom and one-half dad. So when the children are with mom, and they hear mom describe their dad as being no good, the children hear that as mom saying that they are no good.

2. Finances:

This is the time to be smart about your finances. Once a divorce in Duval, Clay, Nassau, or St. Johns County has been filed, the case is governed by a standing family law court order. That court order directs neither party to do anything that is going to negatively impact the other party outside of the normal course of business. In other words, don’t hide money, don’t empty out savings accounts, don’t take out unusual loans against your 401(k), don’t transfer title of assets such as cars and boats, don’t deed properties out, and do not cancel insurance policies without the written permission of the other party or an order from the court.

Also, neither party should even attempt to hide assets. Attempting to hide or dispose of assets is something that can really get you into hot water with the court. In Florida, each party is entitled to one-half of the marital estate, both assets and debts, regardless of how the marital assets were acquired. Additionally, in Florida, there are rules of procedure requiring mandatory disclosure of financial documents. Not only does this make it very difficult for a person to hide financial assets, but if caught, it could be viewed as an attempt to commit a fraud upon the court. At that point, the court may possibly determine that the person attempting to hide or dispose of the assets is no longer deserving of their presumptive half of the marital estate. In other words, if the court finds that there was fraud committed by one of the parties, then the court has the discretion to award an unequal distribution at the expense of the party committing the fraud.

3. Lifestyle:

I highly encourage my clients to look at their current lifestyle and factor in how divorce is going to change this, then start adapting to a new lifestyle. During your marriage, you and your spouse may have been each working and sharing expenses. After your separation, it is likely that while your income will not increase, your expenses will. This may mean that you have to downgrade your home or budget a bit more carefully if there is only going to be one income in the family.

As your Family Law & Divorce Attorneys, the offices of Makofka & Makofka, work to ensure that your divorce proceedings are going to be fair to you. We take into consideration the type of lifestyle you have lived, your finances, and most importantly your family when helping you to come up with a plan that is going to work for you. However, we strongly encourage couples who are seeking divorce to remain civil with one another. Divorce is hard enough as it is, there is no reason to add to the stress and pain by being vindictive and unreasonable.

If you are considering or perhaps even already going through a divorce, and live in the Jacksonville area, call us at 904-355-2700. The offices of Makofka & Makofka are here for you and will help you through this tough time.

The post Common Divorce Mistakes to Avoid appeared first on Experienced Jacksonville Lawyers.

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.

The post Temporary Alimony in Florida appeared first on Experienced Jacksonville Lawyers.

Did you know that one of the major components to many Florida child support orders is the inclusion of day care expenses?

Florida Statutes section 61.30(7) provides that child care costs incurred due to employment, job search, or education calculated to result in employment or to enhance the income of current employment of either parent shall be added to the basic obligation. This means that if you are employed, searching for a job, or pursuing education so as to increase your income, and have to place your child in day care as a result, then you are entitled to have your child support increased by the amount of the day care cost. Given the ever-rising costs of child care, this is a very important consideration. Oftentimes, child support can even double in amount as a result of including the cost of child care.

Your Child Support Payment Might Need Re-Calculating

If this is a situation that has arisen since your child support order was established, feel free to contact one of our attorneys and we will be happy to re-calculate your child support right in our office. Since we use the same software that the judge’s use, we can attempt to provide an accurate estimate of what you might be entitled to.

Conversely, if you are paying child support and your child support was established when your child was in day care, it is quite possible that you are entitled to a reduction if your child is no longer in day care. If your child is no longer in day care, then your child support obligation might drop by as much as one-half, maybe even more. If you would like to get an accurate estimate as to what your child support should be, then call one of our attorneys and we will be happy to assist you.

Retroactive Change in Child Support Must Be Filed to Increase or Decrease

Important to note, regardless of whether or not you are trying to reduce or increase your existing child support, waiting to file does not benefit you. Any increases or decreases can ONLY be applied retroactively to the date that the supplemental petition to modify your child support is actually filed with the clerk of court, and not when the change in day care occurred. So every month that goes by after your situation has changed, is another month that you are either paying too much or receiving too little, depending upon your situation.

Call us now at (904) 355-2700, and one of the Jacksonville Family Law Attorneys at Makofka and Makofka will be happy to assist you.

The post Day Care and Child Support Adjustment Guidelines in Florida appeared first on Experienced Jacksonville Lawyers.

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.

The post Property Distribution in Divorce appeared first on Experienced Jacksonville Lawyers.

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.

The post What if I Fail to Pay Child Support appeared first on Experienced Jacksonville Lawyers.

Divorce is the dissolution of a marriage and, by definition, requires that the marriage in question was valid. An annulment, on the other hand, is only given when the ability of one spouse to enter into a valid marriage comes into question.

In Florida, annulments and divorces differ in a few key ways. First, Florida is a no-fault divorce state, which means that neither party is required to prove certain grounds in order for a divorce to be granted other than to simply show that the marriage is irretrievably broken. Annulments, on the other hand, are rare and only granted when one of the following elements is present:

• Mental incapacity
• Extreme intoxication
• One spouse is already married
• Fraud
• Duress

Second, Florida annulments are unique in that a third party is allowed to question the validity of a marriage, causing an annulment to occur, whereas only the spouses can initiate a divorce.

Third, unlike divorce which has laws and established procedures governing the process and outcome, annulments aren’t provided for by statute. The lack of statutory guidance makes it even more difficult to annul a marriage because general terms such as “fraud” lack specific examples of what the court accepts; the determination of whether an element of annulment exists is left up to the judge, causing inconsistencies and uncertainty in whether one will be granted.

Whether a person’s marriage ends by way of divorce or annulment could have very important financial implications as it pertains to equitable distribution and alimony. It is important to speak with an attorney experienced in these matters in order to obtain the result that best suits your situation.

Makofka & Makofka: experienced Jacksonville divorce lawyers

If you’re a Jacksonville resident and are considering ending marriage, our experienced family law attorneys can help you decide whether a divorce or an annulment is most appropriate. To receive your free initial consultation and find out more about our divorce and other family law services, please contact our office at (904) 355-2700.

The post Annulment vs. Divorce in Florida appeared first on Experienced Jacksonville Lawyers.

There is one important contract that engaged couples sometimes overlook when planning their ceremony: a prenuptial agreement. Prenuptial agreements get couples to have conversations about money that should happen prior to marriage in any case, such as who is bringing debt into the relationship, and whether new debt accumulated during the marriage may be seen as community property with shared responsibility. Though they can be awkward and difficult, conversations about prenups are simply smart financial planning.

Prenuptial agreements can be tailor-made to fit your unique circumstances. Generally, your prenuptial agreement should define how assets, debt, wealth, and potential future inheritances would be allocated or split in the event of divorce, death, mental incapacity, or other major event that could change the nature of the marriage and the relationship between the parties —  ultimately avoiding complex property division disputes.

Prenuptial agreements for every income, age, and circumstance

Even if you think you don’t have enough assets as a couple to need a prenup, that can change over time. As Bankrate.com says, “Any couple who brings personal or business assets to the marriage can benefit from a prenup. The most basic of these contracts lists an inventory of premarital assets that in the event of a divorce will remain the property of their original owner.”

Just like prenuptial agreements can benefit any couple regardless of the amount of assets they have when entering the marriage, they can also benefit couples who are getting married or remarried later in life. A prenuptial agreement is a great way for older couples to plan for the next phase of their lives by outlining issues that are important to them as they age, such as allocation of retirement benefits.

Strong marriages start with a strong prenuptial agreement

When establishing a prenuptial agreement, it’s important to make sure your contract will be legally enforceable in the event of death, divorce, or other change of circumstance. At Makofka & Makofka, we understand that a strong marriage starts with a strong prenuptial agreement, and we can help create a legally enforceable prenup for couples of all ages and incomes. Start your marriage off right by contacting our office today for your free initial consultation at 904-355-2700. The law office of Makofka & Makofka is located in Jacksonville and have the privilege of representing clients in Duval, St. Johns, Clay, & Nassau counties.

The post Should All Engaged Couples Consider a Prenuptial Agreement? appeared first on Experienced Jacksonville Lawyers.