Can Child Support Orders Ever Be Modified In Florida?
Child support in Florida is always modifiable until the child reaches the age of 18 or finishes high school. You can modify child support any time where there is a substantial change in circumstances that was unanticipated when the child support was previously calculated. If you just quit your job, it is not a reason to modify child support. On the other hand, if you become disabled and you can only work half as much as you used to be able to work, that is a legitimate reason for modifying child support.
What Factors Impact The Division Of Assets And Debts In A Divorce?
The beginning point for diving assets and debts in Florida is called equitable distribution, which generally means half of the assets go to each party. The assets and liabilities are characterized as marital or non-marital. A non-marital asset is something that you had before the marriage and kept separate. It would still remain your non-marital asset. Marital assets are everything that accrued during the marriage. All of those assets and liabilities accrued during the marriage are going to be divided, more or less, half and half. It’s called equitable because sometimes, one party may take more of the assets or less of the liabilities, depending on the overall financial circumstances.
Are Pension And Retirement Programs Divided The Same As Other Property In A Divorce?
Pension plans and retirement programs are considered marital assets and they are divided. An important factor to understand with pension plans is that the spouse who is the nonparticipant in the plan cannot walk away with more of the pension than the participant. Another factor is that the participant in the pension plan must be vested.
What Happens If I Owned a Property Prior To Marriage And Then Put It Into Joint Tenancy During The Course Of The Marriage?
In Florida, if you have something before the marriage that is your own, the best thing that you can do is keep it separate throughout the marriage. Then, in the event of a divorce, you get to keep it. It is common to have something that is non-marital and during the marriage, you co-mingle. Perhaps you own a house and you’ve owned it for five years. Then, you get married and you put your wife’s name on it and you live in the house for 10 years. Now, you’re ready to get divorced. Since you owned the house five years before the marriage, the best you can do is try to get the value that it was at for the first five years subtracted from the remainder of the equity. Any time you are trying to advocate that something is a non-marital asset, the burden is on you to prove that it is non-marital, including showing how you kept it separate during the marriage.
For more information on Modification Of Child Support Orders In FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 928-9995 today.
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