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Friday, 30 July 2010

Andrew L. Cameron

Andrew L. Cameron

232 Hillcrest Street
Orlando, Florida 32801
Office: (407) 426-7311
Fax: (407) 206-3653
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Family Law
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Alimony

Alimony is a court-awarded payment from one spouse to the other spouse. Alimony can be temporary (before the divorce is final), periodic (monthly), lump sum (one payment, one time) or rehabilitative (payment of educational/housing or other one-time costs which result in a adjustment in life style). Concerns raised when a party petitions the Court for an award of alimony may include the length of the marriage, the ability of one party to pay alimony to the other and  the life style shared during the course of the marriage.

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Assets And Liabilities

EQUITABLE DISTRIBUTION OF MARITAL ASSETS AND MARITAL DEBT: Assets and liabilities acquired or incurred during the course of the marriage are considered to be marital and may be subject to distribution by agreement of the parties or order of the Court. Assets subject to distribution upon divorce include, but are not limited to, the marital home, real estate, vehicles, savings accounts, stocks, retirement accounts and other investments. Examples of marital liabilities subject to distribution include, but are not limited to, credit card debt, home mortgages, and loans taken against retirement investments. By agreement of the parties, or by order of the Court, these assets and liabilities shall be distributed to the appropriate spouse and will be included in the Marital Settlement Agreement or Final Order of the Court. Some assets or liabilities brought to the marriage may be considered pre-marital and not subject to distribution in the divorce. Similarly, some assets acquired or liabilities incurred following separation of the parties, but before divorce is final, may be considered post-marital and excluded from the divorce proceeding.

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Child Custody

DIVORCE AND YOUR CHILDREN: When a divorce includes the break up of a family with minor children, many additional issues must be addressed.  These issues include where the children will live, who will care for the children, who will be responsible for significant decisions regarding the children, and  how the children will be supported financially. Regarding the residence of the children, the State of Florida has eliminated the use of the word "custody" in favor of the more neutral language, "parental and/or  residential responsibility" in discussing the various options available for divorcing parents as it relates to the care of their minor children. 

The State of Florida suggests the following options for divorcing parents:
- Shared Residential Responsibility
- Primary Residential Responsibility
- Joint Parental Responsibility
- Sole Parental Responsibility

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Child Support

The non-residential parent is obligated to pay child support to the residential parent. The amount of child support is mandated by guidelines determined by the Florida Legislature. The guidelines are based upon the combined incomes of the parties and the percentage that each party contributes to the combined income. A formula calculates the percentage of income provided by the non-residential parent, the costs for child care and health insurance. The amount of child support is determined as a result of these calculations and is not an amount that is agreed to by the parties. Under certain circumstances the amount of child support may be adjusted either up or down a total of no more than 5%. The non-residential parent's obligation to provide child support does not hinge on the visitation with the children. Therefore, the refusal of the residential parent to permit visitation, or the non-residential parent's refusal to exercise visitation does no eliminate the obligation to pay child support.

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Joint Parental Responsibilty

Regardless of the physical residence of the children, both parents can agree to make joint decisions regarding the major decisions affecting the upbringing of the children in areas such as education, religion, extra-curricular activities and discipline. Obviously, this option requires a degree of cooperation between the parties, and an understanding that all decisions will be made together in the best interests of the minor children. Under this form of parenting, parents are equally entitled to access to all medical, educational, psychological, optical or other records regarding the children. Both parents are also entitled to take part in major events in the children's lives including special events at school or church. In recent years, a majority of Marital Settlement Agreements entered into by divorcing parents include an agreement to parent the minor children together.

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Primary Residential Responsibility

This residential arrangement more resembles the traditional agreement between divorcing parents whereby the minor children live primarily with one parent. Either the mother or the father may have primary residential responsibility of the minor children. The parties may agree to this option, or in the absence of an agreement the Court may award this option based upon the Judge's opinion as to what would be in the best interest of the minor children. Concerns raised in residential responsibility matters may include the bonding of the children to one parent or the other, the parties individual financial abilities to care for the children, the life style of the parents, and the amount of time they have available to spend with the minor children, the ability to provide a suitable home for the children, and in some cases with older children their personal desire to live with one parent or the other. Under this option, the non-residential parent is given visitation with the children on a pre-determined schedule agreed to by the parties, or ordered by the Court. If this option is chosen by the parties, or in the absence of an agreement ordered by the Court, the nonresidential parent is then responsible for payment of child support to the residential parent.

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Shared Residential Responsibility

Under Florida law, parents can share residential responsibility for the minor children. Shared Residential Responsibility means that the children have two homes, and alternate between the two on an agreed-to schedule. The parties share in the daily lives of the children on an equal basis. This option requires extraordinary cooperation between the parties, together with a close proximity of residence and coordination of schedules. One of the advantages of shared residential responsibility is the possible elimination of the need for payment of child support by either parent.

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Sole Parental Responsibilty

In some cases of divorcing parents, it may be in the best interest of the minor children for one parent to be given sole parental responsibility of the minor children. This option can be agreed to by the parties, or in the absence of an agreement, ordered by the Court. In the case of an out-of-state, non-custodial parent, this option allows the residential parent the opportunity to make decisions regarding the daily life of the minor child without the obligation to contact the non-custodial parent. The parties can also agree that daily and emergency decisions can be made by the residential parent, and that more substantial life-changing decisions can be shared by the parties. This option also can be utilized should one parent's life style or decision- making capability be determined to be not in the best interest of the minor children.

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Visitation

The non-custodial parent is entitled by Florida Law, to reasonable visitation with the minor children. The entitlement exists regardless of the obligation to pay child support. A standard visitation schedule is available to all divorcing parents, and is recommended by the Florida courts. Divorcing parents can utilize this schedule as a basis for an agreed-upon schedule of their own, or in the absence of an agreement, the Court will order this visitation schedule be followed. There are circumstances where the Court may restrict reasonable visitation rights.  Examples of restricted visitation may include no overnight visitation, visitation that is supervised by a third-party, or limitations as to the activities that can take place during visitation. Cooperation between the parties is necessary in order to abide by any visitation schedule. The court will intervene only when the parties fail to follow the visitation schedule and will enforce the parties' cooperation for the best interest of the minor children.

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