Recently in Family Law Category

December 20, 2011

Clearwater Florida: Visitation during the Holidays

AVOID HOLIDAY STRESSES: PRE-PLANNING VISITATION SCHEDULES

If you are currently involved in, or are one of the recently divorced with minor children, the prospect of negotiating visitation during the holidays probably seems like a frightening task. While you may have a Court Order or a Temporary Order outlining just what visitation will be during the festive season, it is not uncommon for you to feel some anxiety about potential problems that could arise, especially if your ex-spouse is a jerk. Below are some tips you can try to help alleviate some of the pressure not only during the holidays, but throughout the year to help make visitation worry-free:

1. Try to be nice:It's an old adage that has special meaning during the holidays. For the sake of the kids, try not to get excited if your ex brings the kids home a few minutes late. If you know your ex is the one who is unreasonable and often misinterprets what he or she is entitled to based on the visitation order, gently remind them. If that doesn't work, use guilt--"Y'know, it's the holidays, can't we just try to work this out for the kid's sake?" Remember that despite your current feelings, there was a time where you (hopefully) cared for this other person. Remind yourself (and them, if necessary) of those better times, and try to push ahead.

2. Notify, notify, notify: if the ex is the forgetful type, be sure to give them a head's up by phoning them about visitation. If talking one-on-one with your ex is uncomfortable or not advisable based on past relationship dynamics, use e-mail. E-mail is good because you don't have to listen to them and you have a record of trying to contact in case holiday visitation becomes a legal matter. On a more practical level, if you anticipate trouble, giving your ex advance notice or a gentle reminder about holiday visitation can avoid trouble before the actual day arrives.

3. Never alert your kids, especially small ones, if there is a problem: This can be a bit more difficult with older kids, as they likely have enough sophistication, even if neither of you say anything, to realize that there are problems. No matter what, don't shout, curse, or scream at your ex in front of your kids, and avoid bad-mouthing your ex to, or in front of, the children. Not only does this put the child in the unfortunate position of having to choose one parent over the other, it is quite selfish because it places your anger and frustration above the child's welfare. Also, if you continually dis your ex in the child's presence, your ex will likely have a strong case of parental alienation against you.

4. Plan ahead: Similar to notification, it is a good idea to make the other parent aware of where you and your child will be going during the holiday break. Be sure not to go outside the parameters of what the initial parenting plan and visitation schedule allow--if you cannot take the child out of state, don't do it. Be aware that if you do go outside what the visitation schedule allows, you could be setting yourself up for some serious trouble--your ex could file a parental abduction charge against you, and the criminal and civil ramifications of that can be quite harsh and expensive for you.

These are just a few ideas to help ease the stress of coordinating visitation with a minor child.

All of us at Pawuk & Pawuk, P.A. wish you a safe and happy holiday season!!

July 22, 2011

Scott Finelli joins Pawuk & Pawuk

Pawuk & Pawuk is pleased to welcome Scott Finelli to our practice.  Scott will concentrate his practice in the areas of family law and domestic violence. 

Mr.  Finelli comes to us after a long career as a history teacher.  A 1995 graduate of University of South Florida, he began his teaching career in Pasco County, teaching at both the middle and high school levels.  He was also the Assistant Football Coach at Bayonet Middle School. 

Mr. Finelli attended Florida Coastal School of Law where he was on the Dean's List.  He also spent two years clerking with a family law judge in Jacksonville, Florida.  Mr. Finelli brings to the firm a wide variety of life and learning experience and we look forward to working with him.  If you have a question about any family law matter, call us today.

 

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July 6, 2011

Florida Divorce - Equitable Distribution

The recent public break-up of Arnold Schwarzeneggar and Maria Shriver raised some interesting questions about what spouses are entitled to at the time of divorce. Media sources stated that under California law, because the celebrity couple had been married since 1986, Ms. Shriver would be entitled to half of the marital estate under California's "equitable distribution" principles.  Those same sources speculated that the former Terminator star's net worth to hover around $100 million.

arnold-schwarzenegger-love-child-split-from-wife213202544447-300x234.jpgSimilar to the marital laws in California, Florida also has an equitable distribution scheme which provides that spouses are entitled to divvy up what they earned while married. Now, it's easy to confuse equitable with "equal," but that is not necessarily the case--"equitable" more closely means  "what is most fair". Often a husband or a wife who was primarily a homemaker during the marital relationship will feel as though they are not entitled to anything. WRONG!!! Courts view any kind of labor, even labor that primarily focused on maintaining the household, like childcare, doing the dishes, or paying the bills, as equal in value as going out and earning a living. Florida law also provides for spousal support and alimony.

If you are facing the possibility of divorce, it is important to educate yourself. If you are served with a divorce petition by your spouse, be aware that you have to file a response within a certain time frame. What often happens is the spouse who files the divorce tries to convince the other that they don't need a lawyer or that they just need to sign a piece of paper and the lawyer will take care of it. This is horrible advice. You likely are signing away your rights to significant amounts of money. Understand that the lawyer your soon-to-be former spouse is not looking out for your best interest, but your ex's. Don't let this happen! We would be more than happy to help guide you through the maze of divorce law and help you protect what is rightfully yours.

June 27, 2011

Attorney's Fees in Family Law Cases - How do I get someone to pay for my divorce?

When people are getting a divorce there are so many heated emotions but none more so than money.

When I see a new client one of the first things we talk about is money.  How much they get or how much the former spouse can take away from them.  Then we talk about my fees.  Inevitably the question is - "can't the other side pay for it?"  Like all things legal, the answer is "it depends".

When you file for divorce or you answer a divorce petition, you can and should always ask for attorney fees.  You can ask for them in child support, child custody, and paternity cases too.  The only family law case where you will not be awarded attorney fees is in a domestic violence injunctions.

shark money.jpgWhether or not you are actually awarded attorney fees and in what amount entirely depends on the other party's ability to pay, your circumstances, and the judge. 

If you have a question about attorney fees in family law cases, call us.  As of today - our initial consulations are free (which is subject to change).