Posts made in April 2018

Important Things to Remember During a Divorce

divorce lawyer orlando flAt The Law Office of J. Craig Bourne,  we understand that most divorces are stressful and complicated, which is why we work hard to protect  your rights.  While every divorce is unique depending on the facts and circumstances of each case, there are a few general things to remember that apply to most divorce cases. Below we list essential suggestions that can make your divorce process more manageable.

  • Move Forward

With any tragic event in your life, it is important to take time to grieve your pain and process the situation at hand.  At each stage of the divorce process, it is vital to leave the past in the past and to look forward to the future. Forgiving yourself and your ex-partner is a healthy way to stop looking back to grow and move forward.

  • Leave Family and Friends Out of the Divorce

Divorce can be an emotional and stressful time, which could lead you to want to consult and vent to your friends and family. We highly suggest you leave your family and loved ones out of the divorce to allow everyone to stay neutral and cordial.  Significant others sometimes have their own agenda, and it may not be compatible with what is best for you or your children.

They are also less likely to forgive your ex-partner, and that could impact your ability to co-parent.

  • Do Not Agree to Anything Without Understanding the Full Context

It is important to not sign any divorce agreements without understanding the document in its entirety.  It is much more expensive to hire an attorney to try to modify a bad agreement than it is to get it done correctly the first time.  Our skilled attorney can help guide you through the legal process to ensure you know your rights before you make any binding decisions in writing.

Contact our divorce lawyer in Orlando, FL at (407) 894-6750 to schedule a free consultation.

Basis for Child Support Modifications

child support attorney orlando flAlthough divorce agreements and judgments are intended to be final after a case is closed, divorce agreements and judgments which require the payment of child support are always subject to modification by the Court.   The party seeking to modify the terms of the existing agreement or judgment has the burden of providing that a permanent, substantial, involuntary, and unanticipated change in circumstances has occurred.  In Florida, the Court will not modify child support unless the change results in a change of $50.00 per month, or 15%, whichever is greater.   Listed below are a few life changes that could provide a basis for seeking a child support modification.

  • Change in Day Care Expenses and Insurance

If your child has started school and is no longer enrolled in an expensive day care, the resulting decrease in child care expenses incurred by the other parent could result in a significant decrease in your child support payments.   Similarly, if the other parent was supposed to carry health insurance for the child and you are now carrying that expense, your  child support might be subject to modification.

  • Older Child Ages Out

If your child support order does not provide for the child support to “step down” when the older child(ren) turns 18 (or graduates from high school before 19) and is no longer eligible for support, then the child support may need to be modified with respect to the remaining minor child.

  • Substantial Change of Income

An unanticipated change in a parent’s income could be a sufficient reason to modify support. For instance, if you had a fixed income at the time of the divorce hearing, and since then been demoted or laid off, you may require a decrease in child support payments.  The change has to be involuntary, however, as the Court has the power to impute a higher income to any party who chooses to reduce his or her income.

Please note that the laws of state differ with respect to child support and the burden to met for a modification.  If you are interested in speaking to our child support attorney in Orlando, FL, contact us today at (407) 894-6750 to schedule a free consultation.