Although military divorces differ significantly from civilian divorces in many ways, here are some of the key differences:

Basic Requirements: Jurisdiction, Service of Process, and Timing of Filing

• First, determining which state has jurisdiction over your divorce can be complex. If you or your spouse is a Florida resident or stationed within the state, Florida will have jurisdiction over the divorce proceedings. However, depending upon the unique circumstances of your case, Florida may not have jurisdiction over matters relating to your children (such as custody and child support) or your finances (such as property division and alimony).

• Second, traditional divorce proceedings require that the filing spouse personally serve the other party with a summons and a copy of the divorce petition. Complexities may arise, however, when either spouse is stationed on a military base or is on active duty elsewhere. Special rules, as well as federal and international laws, govern what constitutes service of process in these circumstances and protects servicemembers from receiving a default judgment against them.

• Third, because of a special federal protection known as the Servicemembers Civil Relief Act (SCRA), servicemembers have the right to postpone civil proceedings such as divorce and child support hearings when such actions interfere with deployment or military duties.

Determining and Dividing Income, Assets, and Benefits

There are also significant differences when it comes to determining and dividing a servicemember’s income, assets, and benefits. For example, because some portions of a servicemember’s earnings are taxable income while others are non-taxable allowances, there can be considerable disagreement as to what the spouse’s “income” is for purposes of child support and alimony. Further, the military has its own guidelines for determining family support. Additionally, legislation such as the Uniformed Services Former Spouse Protection Act (USFSPA) has specific guidelines on dividing military pensions while special rules apply to health care and survivor benefits.

Specialized Representation for Military Divorces in Florida

At Makofka & Makofka, we understand the complexity of military divorces and have the unique knowledge it takes to ensure that our clients’ rights, assets, and benefits are protected. If you or a loved one is a servicemember seeking a divorce in Florida, contact the experienced military divorce professionals at Makofka & Makofka today for your free consultation.

The post How Military Divorce in Florida Differs from Civilian Divorce appeared first on Experienced Jacksonville Lawyers.

Contested Divorce

A contested divorce is when the spouses are unable to mutually agree on the terms of their divorce and instead use lawyers and the court system to reach an agreement. By using the court system to decide the terms of the divorce, the parties’ disagreements do not prevent them from legally ending their marriage.

Commonly contested issues in a divorce include:

• The value and distribution of marital assets
• Alimony
• Child custody and visitation
• Child support

However, there are two major drawbacks to contested divorces. First, contested divorces take more time and money because they must be litigated through the court system. Second, contested divorces are often contentious and the court process can oftentimes increase tensions between the parties.

Uncontested Divorce

An uncontested divorce, on the other hand, is a divorce where the spouses agree on all major issues affecting their marriage. However, not all couples qualify for an uncontested divorce: minor children, minimum residency requirements, and spousal support are all examples of issues that can impact your ability to obtain an uncontested divorce in Florida.

An uncontested divorce is faster and easier than a contested divorce and, as such, saves the spouses time and money. Further, spouses who can come to an agreement on their own avoid the stress and contention of a lengthy court battle.

Whether because of lack of familiarity with the law, pressure from their spouse, or the urge to end the marriage as quickly and peacefully as possible, uncontested divorces have the potential to be wrought with mistakes, inconsistencies, omissions, and even duress. To ensure that your interests are protected, consult an experienced divorce attorney.

Contested and Uncontested Divorce: Florida Family Law Attorney

If you are considering a divorce in Florida, it’s important to understand the differences between contested and uncontested divorce and how each will affect your rights and interests. At Makofka & Makofka, we strive to give our clients the knowledge and guidance they need to make the right decision for their family. For more information on our services, contact us today at 904-355-2700 for your free initial consultation. From our Jacksonville office, we proudly provide a variety of family law services to the residents of Duval, St. Johns, Clay, & Nassau counties.

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The amount of child support owed, however, is one common issue separating or divorcing parents have that has been established through the legislature, eliminating the need for litigation. The statutory guidelines ensure that each child is provided for sufficiently, while enacting severe penalties for those who fail to meet their financial responsibilities.

Florida child support guidelines

Florida’s child support guidelines were enacted as a baseline to determine the standard amount of child support owed by the noncustodial parent. Simply put, having statutory child support guidelines protects the interest of the children and prevents congestion of the courts by keeping each set of parents from having to litigate child support amounts. Florida uses the standard “Income Shares Model,” which attempts to calculate how much money would have been spent on raising a child if both parents would have stayed together. Using this standard—based on net income of both parents and the number of children being supported—is both effective and efficient.

Deviations from standard child support amounts

In some circumstances, however, the standard child support amount is inappropriate or unduly burdensome. For instance, if the child requires costly medical care or one parent becomes disabled, the court may decide to deviate from the standard guidelines.

Generally, the court can choose to deviate from the standard guideline amount by increasing or decreasing the payment owed by five percent. To determine whether an alternate amount of child support is appropriate, the court will consider all relevant factors including, but not limited to:

• The needs of the child or children
• Age
• Station in life
• Standard of living
• The financial status and ability of each parent

Since receiving support is the right of the child and not of the parents, the statutory child support guideline amounts can’t be waived or modified without the court. To establish a different initial amount of support or to modify an existing order, one party must file a motion with the court.
In some cases, the court may choose to deviate from the standard support guidelines by more than five percent if one party submits in writing reasons that the deviation is necessary.

While Florida courts do not allow parents to reach an agreement regarding child support payments outside the court system, other common issues such as custody and visitation—formally known in Florida as parental responsibility and parental time-sharing—can be. With the help of an experienced Florida family law attorney, you can save time and money by reaching an agreement about custody and visitation outside the court system.

Custody, child support, and visitation representation for Jacksonville families

At Makofka & Makofka, we understand how difficult a separation or divorce can be. That’s why we work tirelessly to help Jacksonville residents find parental time-sharing and parental responsibility solutions that work for their unique circumstances. For more information on our services or to schedule your free initial consultation, contact our office today at (904) 355-2700.

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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.

Child custody modifications

In all family law cases where children are involved, the standard that the judge applies in decision-making is in the best interest of the child. As such, child custody orders can be modified through the court system when a modification is in the best interest of the child.

In Florida, child custody can be modified for the following reasons:

• If the child is in immediate danger by staying in one of the households
• Relocation of one parent
• The death of one parent
• If one parent fails to uphold the visitation schedule

Child support modifications

In Florida, as elsewhere, all minor children under the age of 18 are entitled to receive financial support from both parents. The payment of child support is mandatory and failure to provide support can have serious legal consequences.

Florida statutes dictate the amount of support that is payable, based on the amount of income of the payee parent and the number of children who will receive support. These statutory amounts can be adjusted somewhat—courts can increase or decrease the statutory amount by 5%—based on the consideration of additional factors, including but not limited to the age of the children, special needs or circumstances of the children, and the payee parent’s ability to pay the standard amount.

Because life circumstances and needs of children can change, child support orders can be modified. The original child support order must be formally modified through the courts to be enforceable. Child support modifications can be either temporary or permanent.

For a child support modification to be granted, you must show that there has been a significant change in circumstances that warrants an adjustment of the monthly amount. While there are many reasons to seek a child support modification, common examples include:

• Remarriage
• Relocation
• Change in employment status
• Disability
• Medical expenses

Custody and support modifications for Florida families

If you are interested in finding out more about how Makofka & Makofka can help you modify an existing custody or support order, contact us today at 904-355-2700 for your free initial consultation. From our Jacksonville office, we proudly provide a variety of family law services to the residents of Duval, St. Johns, Clay, and Nassau counties.

The post Reasons to Request Child Custody or Child Support Modifications in Florida 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.

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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.

The post What if I Fail to Pay Child Support 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.

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Did you know that unmarried fathers in the State of Florida are not immediately given the same rights to their child as a married father? Under the law in Florida, unmarried fathers do not have rights to their child without a court order. This is true even where the father is listed on the birth certificate. This is even true where a father has been placed on child support by the Department of Revenue or Child Support Enforcement.

Child Custody and Timesharing Law for Unwed Fathers

If you have fathered a child outside of wedlock, in order to get your rights to your child, you have to petition the court for them. In Florida, if you have not yet been placed on child support, then a Petition to Determine Paternity and for Related Relief will have to be filed with the Clerk of Court for the appropriate county. If you have already been placed on child support, but not given your rights (as frequently happens), then a Petition to Establish Timesharing and Shared Parental Responsibility must be filed. Ultimately, the goal is to have paternity established in a court of law and get your parental rights and time with your child. Whether or not the child resides primarily with you or with the child’s mother, is up to the judge. In making that decision, there are a number of factors contained within Section 61.13 of the Florida Statutes that the judge has to consider. In Florida, we no longer have “child custody” and “visitation.” Those concepts have been replaced by the concept of “timesharing.” If the child does not reside primarily with you, you will still have “timesharing” with the child set out by a schedule. With a court-ordered schedule for timesharing, the other party can no longer withhold the child from you. If they do, then they risk being found in contempt of court.

Shared Parental Responsibility

Regardless of whether the child lives primarily with you or with the other party, except under very limited circumstances, you should each be considered equal parents and be awarded “shared parental responsibility.” With shared parental responsibility, each party has an equal say as to the important parenting decisions of the child. Decisions involving important areas such as religion, education, and healthcare should be discussed between the parents and made together. Just because the child does not live primarily with you, you should not be considered any less of a parent. Furthermore, you should have access to all of your child’s medical and educational records and be placed on all emergency contact lists. The mother will also have to abide by a parental relocation consent if she wishes to move, as well as keep you informed as to your child’s location at all times. This includes names of who the child is with, the address the child may be at, and a contact number.

Once the court has entered an order establishing you as the parent, providing you with timesharing and providing you with shared parental responsibility, you will have obtained your rights as they pertain to your child. Under current child support laws, this often leads to a reduction in your child support as well since you will be supporting the child during the times that he or she is with you.

Should you have any questions or wish to discuss any of these matters with an experienced and knowledgeable family law attorney, contact us online or give us a call at (904) 355-2700. At Makofka & Makofka, Family Attorneys at Law, we gladly assist fathers in northeast Florida in Duval, St. Johns, Nassau, Clay, and Baker Counties.

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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.

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