Temporary Alimony: What is it?
Temporary alimony refers to financial support that a court can grant to either spouse while a divorce case is ongoing, prior to the final judgment.
Temporary alimony refers to financial support that a court can grant to either spouse while a divorce case is ongoing, prior to the final judgment.
It’s the day after Halloween; the holiday decorations are going up, and holiday visits are being planned.
Or negotiated.
Or fought over.
Too often, holiday travel comes with its own unique set of challenges. These challenges are magnified for separated or divorced parents, with both families aiming to create treasured memories with their children. At Hoffman Larin & Agnetti, we believe that a well-crafted parenting time-sharing plan can substantially reduce such stresses.
Crafting Your Parenting Plan Prior to Embarking on Your Festive Journeys
A robust parenting plan should address time-sharing during holidays and vacations. We understand that each family has its own unique dynamics, and it’s imperative to craft a plan that respects these intricacies. Pre-planning for the holidays ensures clarity, thereby minimizing potential stress. This planning is equally vital for school and summer breaks.
School’s almost over which means the joys and angst of summer are in the air. The joys of no homework (for both kids and parents). Angst for divorced or separated parents, as both parents and their families, want to spend as much time as possible with their children. And without an effective parenting plan, summer fun can quickly turn into summer pain.
The best way to minimize this stress is to create a parenting time-sharing plan that works for all involved.*
(*IT IS NO LONGER CALLED “CUSTODY” IN FLORIDA)
When minor children are involved, whether in a dissolution of marriage (divorce) case or in a paternity case, decisions must be made for how the parents will share time with them. The term “custody” is no longer used in Florida law; the time each parent spends with a child is now referred to as “time-sharing”.
A time-sharing arrangement is set out in a “parenting plan” which defines how much contact each parent has with the child(ren). Time-sharing is calculated by the number of “overnights” each parent will have. The number of overnights is a factor in determining the child support that a parent who has minority time-sharing (less than 50% of overnights with the child) will pay-the fewer the overnights, the higher the child support.
Time-sharing is different from “shared parental responsibility”. Shared parental responsibility means the parents will be jointly responsible for making major decisions for the child, including medical treatments, child-care, and education. The court will order that the parental responsibility for a minor child will be shared by both parents irrespective of time-sharing. This only changes if the court finds that shared parental responsibility would be detrimental to the child.
Ideally, the parents will agree (often with the help of an experienced Family Law Attorney) to a time-sharing/parenting plan that allows them to spend time with the children and meets the child’s best interests. Florida’s objective is that each minor child should have frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.
The State does not give preference to either parent and there is no presumption for 50-50 timesharing.
If the parents cannot agree on a time-sharing plan, the court will establish the plan. The judge’s primary focus will be to determine what is in the children’s best interest and welfare. While there is no presumption of 50/50 timesharing, judges start with the premise that each parent should spend as much time as possible with the minor child or children, unless there is a reason that the parent is unfit or unable to spend time with them.
The factors the judge will consider in determining time-sharing include:
Time-sharing issues are the most difficult and painful aspects when parents separate. An experienced family law attorney can provide direction and assistance in helping parents reach a time-sharing agreement that is in the best interests of the child(ren) and allows parents to share the rights, responsibilities, and joys, of childrearing.
To schedule a FREE consultation with one of our experienced Family Law Attorneys, call us at 305-653-5555- our receptionists are available 24/7. Hoffman, Larin & Agnetti, P.A. has been representing families throughout South Florida for over 35 years. Read what our clients have to say here.