Financial Affidavit- Do I go Short or Long?

What is the purpose of the Financial Affidavit?

The Financial Affidavit, which is required in majority of family law matters, seems to be a simple document. You fill in the assets and liabilities you have and have your statements notarized. This document can be crucial in determining child support, alimony and any other type of support the court deems necessary. It is important when this document is filled out that the information is accurate and is updated if the financial situation has changed.

Short Form vs. Long Form

In the State of Florida there are two types of forms: the short form and the long form. The short form is used when the individual filing has a gross income UNDER $50,000 per year. On the other hand, the long form is used when an individual has a gross income of $50,000 OR MORE per year. The ramifications of filing the incorrect form out may have devastating impact when it comes to child support and alimony.

Financial Advisor

Anytime I have a dissolution of marriage case and a client has a high net worth I automatically advise (and most instances require) my client to speak to a financial advisor. I do this to make sure my client is protected financially and there well-being after the dissolution of marriage is looked after

Marriage and Alimony

What is Alimony? Alimony/Spousal Support is where one spouse (husband or wife) financially helps the other spouse during or after a final order for a dissolution of marriage. Sometimes that assistance can take on different forms.

Different types of Alimony

Depending on the circumstances the following types of alimony may be awarded: bridge-the-gap, rehabilitative, durational, or permanent in nature. In any award of alimony, the court may order periodic payments, payments in lump sum, or both. The court may consider the adultery of either spouse or the circumstances thereof in determining the amount of alimony, if any, to be awarded.

Factors

The length of the marriage will play a vital role in whether or not a person may be eligible for alimony. In order to award alimony, there has to be a need for the alimony and the ability of the spouse to pay for the alimony.In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to the following factors:

-The standard of living established during the marriage.

-The age and the physical and emotional condition of each party.

-The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.

-When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

-The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career building of the other party.

-All sources of income available to either party.

-The court may consider any other factor necessary to do equity and justice between the parties.

Alimony can be something that is used to help one party get back on his/her feet and become financially stable.

Raising a Child: It Takes a Village

As the old saying goes, “It takes a village to raise a child.” For many couples, expecting a child can be a nerve racking experience, but it ultimately ends joyous. Prior to and after having a child, many new parents look to their parents, family, friends, other new parents and books to figure out how to raise their new bundle of joy. They even have a phone app to assist you in raising your child. (see: http://www.newparent.com/you/best-iphone-apps-for-new-parents/). No matter what you read or the advice you get nothing can prepare you for being a parent until your bundle of joy arrives; however, preplanning for the new addition to your family can help you limit needless stress and conflict. Before Your New Bundle Comes

Before your new bundle of joy arrives, it may be beneficial to consider the following potential issues and reach agreements so that transitions over the first few years of your child’s life are smooth:

1.     Who will come over and assist you in the first few months with your newborn? For how long?

2.     What religious path will you show your child?

3.     How will you discipline your child? Are both of you on the same page?

4.     Will someone stay home and raise your child? Should you look at daycare or a relative to assist? (see the latest cost of raising a child: http://parenting.blogs.nytimes.com/2010/06/25/the-cost-of-raising-a-child/)

5.     What type of school will your child attend? Religious, public, home school?

6.     Should you start a college fund right away?

Both Parents

Remember as parents that your child is an individual and he/she will have his/her own personality.  Your child will have likes and dislikes and some of those characteristics will be like you and your spouse and others may not. One of the things new parents should realize is that raising a child is a learning experience, and you will not get everything the first time around but being there and trying your best will pay dividends in the end.

Not only is it important to have the lines of communication open between you and your spouse, but it is just as important to have a game plan on issues like the above. Your child will need both of you in his/her life and the law in the state of Florida expects and promotes such equal involvement.

Finances and Marriage: How A Little Planning Can Avoid Unwanted Stress!

The Newly Married Couple Getting married is one of the biggest commitments two individuals can make. The funny part is there is no real handbook or guide to marriage except the advice from loved ones, spiritual advisors, and a few authors.  No one ever thinks about getting a divorce before they actually get married. A couple approaches the alter full of love and with a sense of adventure. They are usually surrounded by family and friends and pledge to each other their undying devotion and a life long commitment to one another.  As the new married couple begins “their new life” they will face good times and they will face tough times. Not only are they starting a new life together, but as a part of this new life together they are also starting a financial life together.

The Good Times and the Bad Times

Although you enter a marriage looking forward to the good times, the tough times can sometimes push a relationship to the breaking point. Unfortunately, the tough times in many instances will involve money. As a person who has seen his share of marriages, some good and some bad, the key factor in both types of marriages is communication. Communication about money is vital to a successful marriage. When two individuals are on the same page both parties should have some idea on how each one feels. For a couple getting married one of the most stressful items a new couple can face deals with finances.  This is why I believe it is important for a couple to sit down and have a honest and frank conversation about their financial situation.

Let’s Make a Plan

Making a plan can sometimes help you see any potential problems and give you a roadmap of where you are and where you are going. Smart decisions today can alleviate any potential stress and heartache a couple may face in the future. Money can put a great strain on any relationship and for many couples this strain can lead to devastating consequences. Here are some questions a couple should ask each other before they get married: (you should write these answers down and have some sort of written plan)

1.   How is our current financial situation?

a.    How much credit card debt do we owe?

b.   How much student loan debt do we owe, and will there be more?

c.    What is our current monthly car payment, and for how long will this continue?

d.   How much do we have in savings?

e.    How much are we going to spend on a wedding?

2.   Should we rent or should we buy a home?

a.    Can we stand living with your parents or my parents if times got tough?

3.   Where do we see ourselves financially in 1 year , 5 years, 10 years, etc?

a.    Do we have a financial planner?

b.   Do we have a Roth Ira, 401K, Pension fund?

4.   Do we plan on having kids? ( This will be the next blog topic.)

a.    How many would we like to have?

b.   Should we adopt?

c.    Is someone staying home or are we sending them to daycare?

d.   Should we start a college fund as soon as they are born?

e.    How will kids affect our long-term financial goals?

5.   How do we plan on establishing our bank accounts?

a.    Will we establish a joint bank account?

b.   Will we keep our own individual accounts?

c.    Will we have a combination of both?

Each of these questions and subparts if answered honestly can be scary for many new couples and even for some who have been married for years. However, I feel these are questions that MUST BE discussed before or shortly after marriage. No matter if you are a couple thinking about getting married, a newly married couple or a veteran of marriage these questions, if answered honestly and free from pressure from one spouse or family, can assist in a long and healthy marriage.

“Cruelty to Animals and Domestic Abuse”

Family Law issues and Animal Abuse go hand in hand. Just recently on May 19, 2011, Gary Eugene Denning from Trenton, Florida, located in Levy County, was arrested for domestic battery and cruelty to an animal.  ( Levy County Sheriff Blog: http://levycountysheriffsblog.blogspot.com/ )  The domestic abuse charges stemmed from Mr. Denning getting upset with his brother-in-law over a small dent in Mr. Denning’s vehicle.  After hitting his brother-in-law in the chest and attempting to kick him, Mr. Denning decided to get back at his brother-in-law my directing his anger toward the family pet, a Golden Retriever.

When police arrived at the scene, the blood trail through the house was apparent. Mr. Denning allegedly struck the Golden Retriever with a machete several times severing the dog's spinal cord.  Denning's minor daughter was in the residence when the attack occurred. Unfortunately, the Golden Retriever had to be put down due to the wounds.

This is not the first case, and unfortunately it will not be the last case, where a domestic abuse instance merges with cruelty to the family pet. Not only has this been reported in the media but it has been documented through academia as well. In his article, Battered Women’s Reports of Their Partners’ and Their Children’s cruelty to Animals, Frank R. Ascion reports that a significant number of survivors of domestic violence state that their abusers also harmed, or threatened to harm, the family pet. (see online article at http://www.vawnet.org/Assoc_Files_VAWnet/BWpetCruelty.pdf )

There are several reasons why animals end up getting hurt during family disturbances. One of those reasons is the abuser knows that the victims generally have strong feelings/connections to the pet. As a result, attacking the family pet indirectly hurts the victim and the point is made that the victim could, or more than likely will, be next. Another reason why the family pet is attacked is because the abusers know that the family pet will put up little or no resistance and cannot “contact” the authorities.  The family pet is a voiceless victim and under Florida Statute 828.12, Cruelty to Animals is a third degree felony, which under the Penalties Section, Florida Statute 775.082, carries a maximum sentence of five years and a fine not exceeding $10,000, or both. (http://leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=210974864&CFTOKEN=3052213)

Although Florida recognizes animal cruelty as a crime, it is separate and distinct from Family Law; however, I feel a argument could be made based on the love families have for their pets and the correlation of animal cruelty to domestic abuse, that cruelty to animals is not as distinct issue as it is perceived to be in the law.  Even though it seems that penalties are harsh for Cruelty to Animals rarely do defendants face real consequences for their actions towards the family pets. I guess only time will tell what the consequences are for Mr. Denning’s alleged actions.

Family Law- “Getting to the Heart of the Matter”

Prior to and during law school I was trying to figure out what area of law I wanted to practice. As time progressed and experience was gained, I narrowed down the large umbrella that encompasses the area of “law” that I wanted to practice. My experience as a middle school and high school classroom teacher prior to entering the practice of law helped mold my decision regarding where to aim my focus. Although I am knowledgeable and capable of practicing in several areas of law, I am focused on four specific categories: Family Law, Criminal Law, Social Security Law and Animal Law. I will write more about each of these areas of law in other posts, but today I am going to focus on Family Law.

Family Law is enormous and complex. The reason I chose Family law is because of my past and my experience as a teacher. One of the reasons I went to law school was to advocate/work for children and families. Following is a list of just some of the more common areas of Family Law:

1.     Adoption

2.     Alimony

3.     Annulments

4.     Child Abuse

5.     Child Custody (time sharing)

6.     Child support

7.     Divorce

8.     Domestic Violence

9.     Guardianship

10.  Name Changes

11.  Pre and Postnuptial agreements

12.  Surrogacy

13.  Visitation

The first hand experience I gained from students as a classroom teacher was invaluable, and oftentimes simply disheartening. I want to make sure that when I assist a parent in obtaining a divorce that the child’s perspective is not lost in the process. In addition to my experience as a teacher, I also volunteered my time with a legal aid office. Working in a legal aid office allowed me to understand and see first hand what happens to people who want to get a divorce but cannot afford assistance. This experience was invaluable and will stay with me for a long period of time, because as an attorney I understand I am in a position of power, and as a result I must advocate for clients or potential clients who may not have the funds to pay for a divorce but are in desperate need of assistance.  On the flip side, I also have experience in handling cases for clients who do not have the same financial hardship as a large portion of our population. During law school I was fortunate to work with a seasoned attorney who worked with clients who were affluent and able afford an attorney to assist them in obtaining a divorce. Those clients’ major concern was not paying attorney fees, but how to best sort through their pension funds, the investment properties, the businesses, and other valuable assets.

Family Law is something I enjoy practicing and I believe my above experience will benefit my clients dealing with family related legal and social issues.  I am a firm believer in well rounded representation and I hope that my clients will appreciate my desire to help them with not just their legal needs, but also with their family’s social needs in adjusting to whatever changes are occurring.  Family is the center of most people’s lives and therefore I feel the field of Family Law is one of vital importance and I am honored to be able to practice in a profession that allows me to assist clients and their families.