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Change in Child Custody Laws - Time-Sharing in Florida

The Florida legislature recently enacted laws that abolished the concept of "primary" and "secondary" child custody as well as "visitation." The court system was overwhelmed with parents who were fighting not only about at whose home the minor would spend most of his time, but also over who should have the title of primary custodian. Many believed that, if they were deemed the "secondary" custodian, then they were also a second-class parent. Further, many parties resented that they had to "visit" the child rather than live with or spend time with their kin. In an effort to help parents avoid fighting over semantics, the Florida legislature adopted the concept of "time-sharing" to replace the old regime of awarding custody to one parent or the other.

The Florida Legislature also modified and expanded the factors that courts must consider when making a determination on the issue of time-sharing. The overriding concern remains the best interests of the child. There are now twenty factors for consideration, some of which are highlighted below:

· The ability of each parent to have a close relationship with his or her son or daughter;

· The ability of each parent to work with each other;

· The ability of each party to put the needs of the child before his or her own needs;

· How parental responsibilities will likely be divided when the divorce is finalized;

· Whether either either side will require some sort of day care during his or her time-sharing schedule;

· How long the minor has lived in a stable home;

· Whether the soon to be ex-spouses live near each other and the youth's school;

· How well the youngster is doing in school;

· How well informed each spouse is of scholastic and extracurricular activities;

· Whether each party is involved in the minor's school or extracurricular activities;

· The ability of each side to provide a routine for the child;

· Whether each parent is morally fit;

· The physical and mental health of the parties;

· The preference of the minor;

· Whether there has been any domestic violence or other abuse or neglect;

· Whether either side has falsely accused the other of abuse;

· The responsibilities of each spouse toward the son or daughter before the petition for divorce was filed;

· Whether either side has exposed the youth to alcohol or drug abuse;

· Whether each party has shielded the son or daughter from the divorce litigation;

· The ability of each parent to meet the child's current and future developmental needs; and

· Anything else that the court believes is relevant.

To review the full text of the new legislation, see section 61.13(3) of the Florida Statutes.

Courts may give each factor different weight based on the circumstances of a particular case. If you have questions concerning how the factors might apply to your case, be sure to consult an attorney experienced in family law.

Richard J. Mockler and Adam B. Cordover are family law attorneys at Richard J. Mockler, P.A., located in Tampa, Florida. For a free consultation or more information on time-sharing or other family law matters, please visit our website at http://www.FamilyLawRights.com

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Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination

1) What if my child's parent works overtime? Will overtime be included in child support?

There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.

Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.

Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.

2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?

Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.

Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.

3) Can I get my child's father to be ordered to pay for my child's college education?

In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.

4) Who is going to pay for my child's daycare?

The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.

For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.

5) How do I modify, increase or terminate child support in Rhode Island?

In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.

David Slepkow is a Rhode Island attorney / lawyer concentrating in divorce, family law, personal injury, automobile accidents, child support, child custody and visitation. He is a partner at Slepkow Slepkow & Associates, Inc in East Providence RI. He is a member of the RI Bar, MA Bar and the Federal Bar for the First Circuit District of Rhode Island. David Slepkow has been practicing for ten years and is a member of the Rhode Island Family Court Inns Of Court. Please go to Official website of East Providence, Rhode Island (RI) Attorneys, Slepkow Slepkow & Associates, Inc to contact David Slepkow. Please call Rhode Island divorce Attorney, David Slepkow at 401-437-1100 with any questions! The first consult is always free!

Also visit: East Providence, Rhode Island (RI) Divorce Law Attorney / lawyer and RI Family & Child Support Law information or visit Rhode Island Child Support law information

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CPS Was Wrong To Remove The Children

Custody hearings are on hold after today's ruling that Texas had no right to seize children from a polygamist group's ranch. The Third Court of Appeals says the grounds for last month's removal of more than 400 children were ``legally and factually insufficient.'' An attorney representing some of the children says the judge in San Angelo has ten days to vacate her custody order. Texas can appeal. Governor Rick Perry's office says it's an ongoing legal matter, and Texas lawyers will review the appropriate next steps to ensure the safety and welfare of the children. It wasn't immediately clear whether the children now in foster care might soon rejoin their parents. CPS removed the children from the ranch near Eldorado over allegations of abuse, which members deny. Spokesman Rod Parker says the sect members feel validated -- claiming they're being persecuted for their beliefs.



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Going Through Divorce Without a Lawyer Not a Good Idea

Going through divorce without a lawyer is probably one of the worst things that you could do. Without a lawyer you will simply not get a fair share. Judges do not want to deal with people, and they want to talk to lawyers. If your ex does not have a lawyer then you may be okay but if they do, you are definitely going to want to make sure that you get the best divorce lawyer.

If you need a divorce attorney to handle your case, remember that they are going to be able to help you deal with all the legal issues surrounding your divorce, issues that you would probably miss if you just tried to take on the case yourself. A divorce lawyer will be particularly important if you and your spouse have been married for several years and share property, savings, or other larger financial issues.

Finding a Lawyer

Now that you understand why you should not go through divorce without a lawyer, you will need to go through the process of actually finding a lawyer, and there are a few important factors to take into consideration here.

There are tons of divorce lawyers located all around the globe, but you will generally want to find one in your local area because you are going to need to be traveling back and forth from them, for meetings and to talk with them. Therefore you do not want it to be a huge inconvenience to you, as it would be if you had to drive for extended periods of time just to get to them.

As you can see, it is very important not to go through divorce without a lawyer. You may not be able to patch things up with your spouse, but to ensure that things are going to be fair, then you never want to go through divorce without an attorney. If you do decide to go through your divorce without an attorney, just make sure that you are educated and understand what you are getting into.

You are really going to need to be prepared going into this, and never want to head into court without a clue as to what you are doing.

Divorce can definitely be a tricky issue to deal with, but perhaps the most difficult of all is going through court and finding a way to untangle all the financial and sentimental items

Going through divorce without a lawyer [http://www.lawyers.jsgenterprises.com/3.2.divorce-lawyer-divorce-without-a-lawyer.html] is probably one of the worst things that you could do. Without a lawyer you will simply not get a fair share. Judges do not want to deal with people, and they want to talk to lawyers...View more articles at [http://www.lawyers.jsgenterprises.com]

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US Court and CPS Corruption Equal Economy Recovery Stimulus Agency Fraud

www.youtube.com HireLyrics US Citizens Public Docket Calls For Philadelphia DHS Lawyers Federal Indictments www.blogtalkradio.com www.HireLyrics.org http Contact Roxanne Grinage 229-395-0039 DignityForTheHumanSpirit@HireLyric.org Philadelphia Families Slaughtered in US Pennsylvania Eastern District's Child Slaughter US Economy Fraud Court Reform State of Emergency Hope For Federal Indictments file USDC Pro Se Official Corruption Fraud Civil Rights Complaints, USDA Third Circuit Appeals, Report Malpractice Attorneys CPAs to IRS Office of Professional Responsibility and Recovery Act Social Security Administration Whistleblower Hotlines. HireLyrics Channel on YouTube. www.youtube.com HireLyrics Sponsors Mothers Day Civil Rights Rally Families Fight Back DHS Demonic Horror Stories HireLyrics Channel on YouTube www.youtube.com Docket Never Lies! USDOJ Obama GAO get US Citizens Public Docket Due Diligence Data USDC Pennsylvania Eastern District Child Slaughter Court Reform State of Emergency Fern Brown Caplan, Esquire, Judge Robert J. Matthews, Timothy E. Possenti, Esquire, PC, City of Philadelphia DHS Commissioner Anne Marie Ambrose, Erick L. Brown, Saundra O. Sullivan, DHS Foster Parent Diane Kearney Lenwood Kearney, joined on June 17 and 24, 2010 by Marvin L. Williams, Esquire, CPA PACSES and Domestic Relations Judge Holly J. Ford Lying in Official Court Documents, Conspiracy to Cover Up Fraud, Child Abuse, Personal Injuries, IRS SSI SSA Recovery Act Fraud. HireLyrics ...



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Dr. Lorandos provides some insight into what to do if you are convicted

www.falsely-accused.net Dr. Lorandos provides some insight into what to do if you are convicted If you have just been convicted, is there any hope? Thats whats called post-conviction remedies. Historically, a person falsely accused of a crime is represented by a trial attorney in the trial, and if convicted the same attorney also conducts the sentencing hearing. At http we explain that once the defendant is sentenced, however, another attorney specializing in appeals attempts to correct any injustices that may have been committed during the trial by the lawyers, the judge, or the jury. This is done in a court of appeals. While this practice of using the same attorney in the sentencing hearing and in the trial and a different attorney in the court of appeals is the standard practice, this kind of representation fails to provide the defendant with a full range of resources for post-trial remedies. At www.falsely-accused.net we explain that even excellent trial attorneys are not experts in all the legal issues that qualify for an appeal, but even excellent appellate attorneys are not experts in highly specialized cases such as child abuse cases. Heres one example: During a trial, a prosecution may call a medical doctor to the stand to testify that an arathema was found on the alleged victims hymen and that this is proof of sexual abuse. While an experience defense trial attorney knows that these statements are bogus and must be provided by scientific studies and medical ...



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