Family Lawyer Tampa Q: Is it true that the law changed as to custody and that the parents will now have to have split or 50/50 custody. A. No. Florida Divorce Laws have changed, but the new laws do not require 50/50 time sharing of children. There was a significant law change in regard to child custody and timesharing that took effect on October 1, 2008, but that law does not necessarily translate to equal time. The Court is looking to reduce the fight over primary residential rights and now wants people to focus on how they will share time with the children instead of fighting over the label of primary residential parent. This is different from mandatory 50/50 time sharing of children. The Court must still look to the best interest of the child to determine how time will be shared between the parents. Some judges may start with a 50/50 plan in mind and others will do as much as they can to help equalize the time, but rarely does a 50/50 splint work to give the kids the stability that they need. The fight over time sharing is still one of the hardest issues for parents or judges to settle. Regardless, of the change, the Divorce Court will want the parents to work with the coparent to develop a time sharing parenting plan because most judges believe that the parents working together are the best judge of what is in the best interest of the child. To evaluate the specifics of your case contact your family lawyer Tampa. Property: Q: I am up-side-down or have negative equity in my home, how do we divide the property? A: If you owe more than your house is worth, the court will typically agree with any agreement that you and your spouse may decide upon. Options that have worked are that the property is treated as an asset and the mortgage is treated as a liability and each item is divided accordingly. Other times the property is sold and each side will pay a portion of the loss at closing. More often than not, the property will be either paid by one spouse that will continue to live in the home, or the house will be sold via short sale, where the bank will work with the parties and cover the loss. The latest trend for the Court is for the Divorce Court to order one side to pay the mortgage, until the house is sold. Once sold any reduction in principal will be credited to the paying spouse, and the remainder evenly split (This change is based on the case Kelley v Kelley and is now called Kelley Credits.)
Published on Sep 30, 2013
Published on Sep 30, 2013
Florida Divorce Laws have changed, but the new laws do not require 50/50 time sharing of children. There was a significant law change in reg...