1. Bring a meal. Friends and family often send versatile casseroles like lasagna. Try thinking outside the 13×9 pan. Why not bring the family the fixings for breakfast and lunch rather than just dinner? Stock the freezer with easy, ready-to-make items like pizza, pasta dishes, soups, and crock pot meals. Or bring the family their favorite take out or send a gift card.

2. Set up a meal train. When one meal just doesn’t cover it, set up a meal train using websites like signupgenius.com or takethemameal. com. Discuss with the family the most convenient dates and times to deliver meals and solicit friends to fill all the open spots. Social media is a great place to recruit people you might not otherwise think to ask. 

3. Help with pets. If the family is making trips to the doctor or hospital, offer to feed the cat or walk the dog while they are out. This will help give the family peace of mind while they focus on what is important.

4. Offer to babysit. Show support by offering to baby-sit, even if it is just for a couple hours. If you are taking your own children to the park, swing by and pick up their children for the afternoon. This gets them out of the house and gives the parents a break. Driving the kids to school or activities is also a big help for a family that is dealing with change.

5. Clean the house. Sweep the floor, change laundry loads, vacuum, do dishes, or fold some laundry. Even a little bit of picking up can make a big difference. A clean house during chaos can bring some much needed peace during a chaotic time.

6. Run errands. If you are on your way to the store anyway, why not send a quick text and ask if the family needs anything: toilet paper, diapers, or snacks? Does mom want a coffee or some lunch? Many grocery stores offer drive-through pick up these days. Have the family order and pay for groceries online, then pick them up and deliver them. Offering to help put them away would be an extra bonus.

7. Leave a surprise on the doorstep. If the family is not up for visitors, leave a surprise on the doorstep for them. You can create a care pack-age with special treats, magazines, snacks, and a card.

8. Take food to the hospital. It is common knowledge that hospital food is not gourmet. If someone is in the hospital supporting a family member, offer to deliver food to them. Bring homemade meals for them to warm up later or offer to sit at their loved one’s bedside while they take a walk and get some fresh air.

9. Listen. Sometimes a long talk is very therapeutic. When you visit, lis-ten attentively and offer your support. Call and check on them, even if you just leave a voicemail. In these times of texts and emails, receiving a phone call shows you will go the extra mile to support a friend. However, even an email or text shows you are offering support while leaving it in their hands to respond when the time is right.

The post What Can I Do to Help? Nine Tips for Helping a Family Struggling Through a Difficult Time appeared first on SWFL Family.

The law defines a “relocation” as a move of 50 miles or more by one of the parents, starting from the place where the parent lived when the last parenting plan was entered by the court. 

The process starts with one party either requesting the other parent’s permission to relocate with the minor child or by the filing of a petition for relocation. If the parties agree to the relocation, they must prepare and execute a written agreement that includes the following: (1) the consent to relocation, (2) a time-sharing schedule for the non-relocating parent, and (3) the necessary transportation arrangements related to the time-sharing schedule. That written agreement would then be submitted to the court and a final judgment would be entered adopting the relocation agreement.

However, as so often occurs, if the parties cannot agree to the relocation, then a petition would be filed. There are certain procedural requirements that are essential in a Petition for Relocation. These requirements are strictly enforced, so you may find it helpful to seek assistance from a licensed and experienced family law attorney who can navigate this process for you. Once the matter is submitted to the judge, the judge will of factors, including the following:

• nature, quality, and extent of involvement between the children and the non-relocating parent;

• child’s age and developmental stage;

• feasibility of preserving the relationship between the non-relocating parent and the child through substitute arrangements, taking into account the distance, logistics, and financial resources of the parties;

• child’s preference (if appropriate);

• whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child;

• reasons each parent or other person is seeking or opposing the relocation;

• current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child;

• the relocation is sought in good faith;

• career and other opportunities available to the objecting parent in the proposed relocation location;

• history of substance abuse or domestic violence by either parent; and

• any other factor affecting the best interest of the child.

The judge will have to weigh all of these factors and determine what is best for the children and a long-distance parenting plan will be entered. The long-distance parenting plan will describe in detail what the time-sharing schedule is, how the children will be transported, and how the transportation costs will be divided. Transportation costs are child rearing costs and like other child rearing costs, they typically are shared equally or proportionate to the parent’s child support percentages. If the petition is denied, then the parent will not be able to relocate with the children. The denial does not, however, prevent the parent from moving, just not with the children.

Many family law attorneys will advise their clients that where the parties are sharing time with the children and both parents are actively involved in the children’s everyday lives, it is very difficult to convince a judge that it is in the children’s best interests to relocate. An experienced family law attorney can assist in navigating this very difficult and emotional process.

SARAH OQUENDO is a marital and family law attorney with Coleman, Hazzard, Taylor, Klaus, Doupé & Diaz, PA. Visit CHTlegal.com or call 239-298-5200.

The post Relocation After Divorce appeared first on SWFL Family.

 The Florida Dissolution of Marriage Act contains a provision for the recovery of attorney’s fees to assist in these imbalanced situations. The purpose of the law is to ensure that both parties have equal access to legal counsel. The law does this by placing the burden of paying attorney’s fees on the spouse that is more capable of paying from their financial resources. This law exists to avoid situations where someone is shortchanged in exercising their rights simply because they could not afford an attorney.

 A request for attorney’s fees is the last of the financial claims to be addressed when these items are presented to a court to determine. This falls last in line because the decision-maker must know the post-divorce financial situation of both parties to deter-mine if an award of fees is necessary. This means looking at each party’s debts, income (including alimony), and expenses (including support obligations). The closer the parties are to being equal in this situation, the more likely each party has to pay their own attor-ney’s fees; conversely, the more disparate the parties’ respective assets and income is going to be post-divorce, the more likely it is that one party has to pay all of the attorneys’ fees.

While this law holds true for consideration at the end of the case, parties in a divorce require access to funds early on to hire an attorney to represent them. Most often, the attorney retainers for both parties are paid from whatever marital funds to which the parties have access. If one party is cut-off from the marital assets, then the court can grant “temporary relief” including attorney’s fees from the other. Again, the goal and intent of the law is to allow for fairness and for both parties to have equal access to hiring counsel.  Nothing can make someone feel more helpless than being thrust into a divorce with-out the means to secure an attorney to advise them and advocate for them. Especially when their spouse has hired an attorney and cut off their access to funds. If you find yourself in a situation like this, reach out to an attorney to assist you in exercising your rights permit-ted under the law to level the playing field in your divorce.

By Dale Klaus and Reuben Doupé of Coleman, Hazzard, Taylor, Klaus, Doupé & Diaz PA

The post Who Pays the Attorney in a Divorce and Family Court? appeared first on SWFL Family.

We have all been taught to save for retirement. There are a number of tax deferred vehicles to accomplish retirement savings, such as IRAs (traditional, Roth, or SEP), 401(k)s, 403(b)s, employer or municipal sponsored pensions, and numerous other types of deferred compensation accounts. Typically, these accounts provide tax advantages over saving in a bank or brokerage account.

When dissolving a marriage, as part of equitable distribution, it may be necessary to divide retirement assets between the parties. The mere fact that these accounts are only owned by one spouse, as opposed to a joint bank account or a jointly owned home, does not make them the non-marital or separate property of the owner. To the extent that money was saved for retirement during the marriage, that savings is marital. But when dividing retirement accounts between spouses, there are important things for you and your attorney to consider.

First, to the extent one spouse can prove that they owned a portion of their retirement before the marriage, they may have protected the pre-marital portion as their non-marital asset. It will fall unto that spouse to prove what portion of the asset is pre-marital. The lesson here is that you should keep paperwork related to any and all retirement accounts you have at the time you get married. Being able to prove, not only the total value of the account, but how the account is invested and the number of shares owned of each stock or fund, may allow you to carve out part of the value at the time of divorce as separate property.

Second, when dividing retirement assets, it is important to determine whether or not these accounts contain “pre-tax” dollars. If so, receiving $1,000 in a traditional IRA is the equivalent of receiving a lesser amount of cash, depending on the tax bracket of the owner. Determining the exact amount of the tax consequence, however, may be very hard because there are a number of variables which may be difficult to predict. When dividing such pre-tax assets, it is a good strategy to equally divide all pre-tax assets between the parties. That way, each party has the same amount of retirement savings and presumably will be subject to the same amount of tax down the road when they withdraw the money, although even that can vary. If the parties cannot evenly divide the accounts, then the next best strategy is to negotiate an agreed tax impact percentage, and discount the value of the assets accordingly.

The third and final issue to consider with retirement savings is the actual distribution. All or a portion of retirement accounts can be transferred from one spouse to another, after a court order is entered which requires the transfer. If the account is a Qualified account under Federal ERISA laws, then a special order, referred to as a QDRO, must be entered to accomplish the transfer. Such a transfer does not create any tax obligation on the transferring spouse. Also, despite common belief to the contrary, there is an exception to the tax rule which otherwise creates a 10 percent penalty for early withdrawals from retirement accounts. That means, the recipient of the transfer can cash out some or all of the transfer, and they will only owe the federal tax on the distribution, without the extra penalty.

This is only a peek at the issues that may be involved in the distribution of retirement assets. If you or your spouse have significant retirement assets or pension benefits at the time of a divorce, it is vital that you seek the advice of an attorney to assist you with the division of these assets without incurring unnecessary tax costs.

DALE KLAUS and REUBEN DOUPÉ are partners at Klaus Doupé, a leading law firm in Naples focusing solely on marital and family law. Visit www.Marital-FamilyLaw. com or call 239-403-9800. 

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At the outset of any divorce or child support action, you will face the daunting task of providing your lawyer with a pile of paperwork to meet the requirement of Mandatory Disclosure. Getting all of the necessary documents together may feel like an onerous punishment, but it is a vital step in getting your case complete and getting you the relief you require.

Mandatory Disclosure is a requirement placed upon both parties to a family law action by the Florida Family Law Rules of Court. Mandatory Disclosure rules apply in any family law case that includes a financial claim, i.e. equitable distribution, support, or attorney’s fees. Each party to such an action must obtain specific records, which include tax returns, bank statements, credit card statements, and pay-stubs, to name just a few; and provide copies of those documents to the other party.

While the Mandatory Disclosure list may seem like unnecessary busy work, these documents are vital for your attorney to assess your case and help you get the relief to which you are entitled. This is especially true for a spouse who is not completely informed of their family’s financial circumstances. In order for your attorney to give you complete legal advice on your case, that attorney needs to know the financial circumstances of your family. Mandatory Disclosure may not give your attorney everything he or she needs to answer your questions, but it will be a great start and should help your attorney identify what other information is necessary.

If one party is late or refuses to cooperate with discovery, whether Mandatory Disclosure or otherwise, then motions can be filed with the court seeking a judge’s assistance in getting compliance. Getting the court involved takes time. For example, a motion has to be filed, then a hearing has to be scheduled, and it can take as much as four to six weeks to get in court. Getting the court involved can be costly. Your attorney has to be prepared to attend court on your behalf. Further, if you are the party not complying with the discovery rules, you may be ordered to pay sanctions, such as paying the other side’s attorney fees incurred on the motion.

For these reasons, it is vital that you pay careful attention to the Mandatory Disclosure requirements. It is vital that you get all of the required documents to your lawyer and that you do so in a timely manner. Complete and timely production of documents will assist your lawyer in effectively and efficiently getting you through your action and it will help your lawyer get you the result you deserve.

DALE KLAUS and REUBEN DOUPÉ are partners at Klaus Doupé, a leading law firm in Naples focusing solely on marital and family law. Visit www.Marital-FamilyLaw.com or call 239-403-9800.

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Plan Ahead: Most Parenting Plans require that parents exchange important dates and requests for travel by a specific date each year. It is important for co-parents to work together to plan out their children’s schedule so that you can address any potential issues before they happen. One suggestion is to exchange dates by April 1^st each year. That way, if there is a problem, there is ample time to address the issue prior to the beginning of summer. 

Vacations: It is helpful to have an idea of what vacations you will want to take with the children and when you generally would like to travel. If your parenting plan requires notice to the other parent, make sure that you do so in a timely manner. Oftentimes parents may select conflicting travel dates and one way to handle this is to give each parent a year that their travel requests will control over the other parents dates. For example, Mom has even years and Dad has odd years. 

Summer Camps: If your children are of school age, and both parents work, then summer camp may be a great way to keep your children busy during the summer months. Shared Parental Responsibility, dictates that the parents must mutually agree on extracurricular activities for the children, which includes summer camps.  For this reason, it is (again) important to cooperate and plan ahead for the children’s camp activities.  Additionally, these costs are often split by the parents equally or otherwise depending on income.  Keep in mind that the cost for summer camps (and after-school care) which are incurred to allow both parents to work may qualify one or both parents for a tax credit.  If these costs are divided between the parents by a percentage, then each party should declare their respective percentage share of the costs for their tax return, and not the amount they may have actually paid to the camp assuming a portion was reimbursed.  

Create a Calendar. A shared calendar is the best way to keep everyone on the same page when it comes to a hectic summer schedule.  There are numerous apps or calendar accounts that can be shared between individuals, so choose the one that may work best for your family. 

Be flexible. Good co-parenting means being flexible when a request for a change is made. If a last minute opportunity arises for your children to visit a distant relative or to visit a place they have never explored, consider what that time will mean to them and think closely before you say no because you might lose out on time with your children. After all, summer is a time for children to rest, relax and recharge and what better way to do that then let them be kids and enjoy their summer unfettered from the conflicts of their parents. 

DALE KLAUS and REUBEN DOUPÉ are partners at Klaus Doupé, a leading law firm in Naples focusing solely on marital and family law. Visit www.Marital-FamilyLaw.com or call 239-403-9800.

The post Parenting Plan and Summer Vacation: Plan Ahead and Be Flexible appeared first on SWFL Family.

1. Each parent has a fundamental obligation to support his or her minor or legally dependent child.

2. The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

3. The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.

These guidelines are primarily formulaic, and are based on the results of economic studies using specific information. Gone are the days of having to calculate the actual expenses spent by a family on their children, which would create an undue hardship on most parents that have to deal with the Courts to get child support.

The information plugged into the formulas includes: the gross income of the parties, which may include alimony, minus specifically listed deductions such as tax and health insurance premiums for the parents; the number of children involved; the number of overnights each parent has the children pursuant to the parenting plan; certain child related expenses such as child care for the children that is necessary for the parents to work, and health insurance premiums for the children. The formula inputs are specifically listed in the Florida Child Support statute.

Once the information is plugged into the formula, a chart will set forth the presumptive amount of the overhead for the children, called the basic monthly obligation. Then the guidelines will allocate the basic monthly obligation among the parents, which will usually result in one parent paying support to the other.

The formula provides a “presumptive” support amount. Each parent may ask that the support be adjusted, based upon specific statutory factors, but any such deviations are an exception to the rule and are not routinely done. Typically, the formula is used without much dispute and the amount of child support is easily determined. However, as with anything in family law, there are always unique circumstances that may present themselves which would require a more thorough analysis of the facts. For those cases, families should obtain legal counsel to insure that child support is accurately determined to better assist one or both parties in properly caring for their children.

DALE KLAUS and REUBEN DOUPÉ are partners at Klaus Doupé, a leading law firm in Naples focusing solely on marital and family law. Visit www.Marital-FamilyLaw.com or call 239-403-9800.

The post Understanding Florida’s Child Support Guidelines appeared first on SWFL Family.

This year, the alimony provisions of last year’s bill are back before the Florida Legislature (House Bill 283 and Senate Bill 412). The current bill proposes to completely change the way that alimony is determined in Florida. For example, under the laws as they currently exist, the length of time that a payor would be obligated to pay alimony is tied closest to the length of the marriage. Once a marriage is 17 years in length, there is a presumption that per-manent alimony would be appropriate, if necessary at all. Permanent alimony means until the death of either party, or the remar-riage of the recipient (or the recipient’s cohabitation in some circumstances).

Of course, determining the amount of alimony is another issue altogether, and the amount is always subject to potential modi-fication. But use of the term “permanent alimony” is alive and well in the existing law. The proposed bill, however, elimi-nates the term “permanent” or any other label for alimony, and simply calls all of it, “alimony.” In that sense, if the proposed bill becomes law, permanent alimony will no longer exist. 

Instead of having different forms of alimony, the bill provides for a single type of alimony that has a presumptive range for the duration (25 percent to 75 percent of the length of the marriage), and a presump-tive range for the amount, which consists of a formula focused primarily on the dif-ference of the incomes of the parties. The bill also provides a comprehensive list of potential factors for the court to consider, which would permit the court to deviate outside of the presumptive ranges if it feels such a deviation is necessary.

Finally, the bill also provides an ex-tensive definition of income, which seems intent on capturing all possible forms of income available to either party. Since the presumptive alimony amount is now tied directly to the incomes of the parties, as opposed to any analysis of the historical spending of the parties, defining income seems wise and necessary.

The likelihood of this year’s alimony bill becoming law may be higher than ever. It seems our state legislators may have processed the messages from the past, as this bill does not involve retroactive application (existing alimony obligations will not be impacted by the bill), nor does it suggest that 50/50 time-sharing for parents is au-tomatically in the best interest of the child in all cases (which has absolutely nothing to do with alimony).

If it passes, this bill will make drastic changes to way alimony is determined and awarded, even if the ultimate results remain consistent with alimony awards of the past. The stated goal of the bill is to provide some consistency to alimony awards, but the bill continues to provide some room for the court to exercise its discretion when it deems appropriate.

DALE KLAUS and REUBEN DOUPÉ 

are partners at Klaus Doupé, a leading law firm in Naples focusing solely on marital and family law. Visit www.Marital-FamilyLaw. com or call 239-403-9800. 

The post Alimony Reform in Florida appeared first on SWFL Family.

For purposes of this article, the term “special needs” may include a large number of items for a child; anything from a child diagnosed with the Autism Spectrum Disorder, to a child who may have a non-life threatening ongoing medical condition that requires regular attention. When crafting a parenting plan for any child, it is vital to address all of the child’s current needs and it is even more important to do so if a child already manifests special needs. 

First, it may be necessary to articulate whether one or both parents will be charged with making the medical or educational decisions for the child. One parent may be more educated on the child’s issues than the other, or one parent may have chosen not to be involved in the child’s decisions. In situations like this, the law allows for Ultimate Decision-Making, which gives one of the parents the right to be the “tie-breaker” in the event of a disagreement on how to best proceed on the child’s behalf. 

When crafting a timesharing schedule for a child with special needs, it is important to consider how the parties will get the child to and from school, therapy, and doctor appointments. It may also be necessary to discuss approved child care providers, to insure that the child is never left with someone who is incapable of providing adequate care. 

Additionally, the child’s needs may require additional costs for medical or therapeutic treatment. It will be important to address how the expenses will be handled going forward. This starts with addressing health insurance for the child and determining whether any public assistance is available. To the extent the various therapies or medical requirements have to be paid out of pocket, it is important to set forth an agreement as to who will pay the various expenses and 

whether the other parent will reimburse some or all of such expenses. These types of expenses are typically addressed over and above the typical monthly child support that is paid. Depending on the child’s prognosis, it may also be necessary to consider whether child support beyond the age of 18 from one or both parents would be required. 

There is not one single answer on how to address a child’s special needs in divorce. Each case will present unique circumstances and requirements for each child. As with all divorces, it is important to bring all of the necessary information to your counsel and to obtain sound legal advice on how to protect both parties and the child from the potential negative ramifications of a divorce.

DALE KLAUS and REUBEN DOUPÉ are partners at Klaus Doupé, a leading law firm in Naples focusing solely on marital and family law. Visit www.Marital-FamilyLaw.com or call 239-403-9800.

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