Michael E. Golub, P.A.

Tavares Family Law Blog

Tips for explaining a custody agreement to a child

Entering into a custody agreement with the other parent of your child is not always easy. It likely took you quite a long time to reach the agreement. You might have even needed to have the agreement drafted by the family law court in Tavares, Florida. Either way, you need to stick to the terms of the agreement. Here are some tips for explaining custody to your child.

The most important thing you can do is talk about custody proactively. You don't want to wait to have a conversation with your child as a reaction to the custody agreement being handed down by the court. The more proactive you are, the less likely it is that your child will struggle with the arrangements.

How should you handle relocating with your kids?

While a strong sense of loss is almost certain to accompany your divorce, there may also come a small degree of excitement at the unknown prospects that may lay ahead of you. As you move on in your personal life, the opportunity may even present itself to move away from Tavares. Of course, when you have children, that can present certain challenges, especially in light of your custody agreement with your ex-spouse. 

In the context of custody issues, Florida's state statutes determine relocation to be moving to a new residence at least 50 miles away from your current home and planning to remain there for a minimum of 60 consecutive days. The best way to manage a relocation (in situations where domestic violence is not a concern) may be to work with your ex-spouse in preparing for the move. Notifying them well in advance of your proposed relocation gives you time to work with them to modify your current custody agreement to both allow for your move and to ensure that their access to the kids is not limited. If you are able to do this together, the court will typically honor the proposed changes. 

Can you cash out your portion of a 401k in a divorce?

If you are like many of those entering into divorce proceedings in Tavares, one element that you were not prepared to deal with was dividing up your ex-spouse’s 401k. In actuality, their entire 401k is not subject to property division, but rather only those contributions made during your marriage (as they were likely made from marital income). Depending on the length of time that you were married, your portion of those contributions could be significant. Such an infusion of funds would not be a great benefit as you transition into your post-divorce life. Yet are you allowed to withdraw them right away?

Before contemplating that question, you should first confirm that you actually want to. The advantage of placing funds into a tax-deferred retirement account is two-fold: first, as is implied in the classification of such accounts, you do not pay taxes on them until they are dispersed. Second, leaving them alone allows them to earn you additional income through investment earning and interest that can benefit you when you retire (and yes, rolling your portion of your ex-spouse’s 401k contributions into your own retirement account is an option).

3 main causes of divorce

There are many reasons why people divorce. In many cases, it is a combination of factors that ultimately lead to the dissolution of a marriage

The best anyone can do is know their partner inside and out before agreeing to marry him or her. By being aware of the problems many other couples face, you and your partner can take steps to circumvent a divorce down the road. 

What types of alimony are available in Florida?

When you divorce your spouse in Florida, it can have a negative effect on your financial situation. For the purposes of promoting financial independence, the court may award you alimony, also known as spousal support. 

Because every situation is different, there are four different types of alimony available in this state. The Florida Senate describes each one, explaining how it works and in which situations it is appropriate. 

Rules for surviving divorce

Divorce in Florida is a complicated process that can often cause emotional pain and stress. At the law office of Michael E. Golub, we understand that there may be times during the process when you feel that you may not get through it. At these times, it may be comforting to remember that many people before you have gone through a divorce successfully, often coming out even better on the other side. 

You should also remember that you are not completely powerless. You have a part to play in setting the tone of the proceedings and helping the process go as smoothly as possible. The following are guidelines that may help you to not only survive the divorce process but thrive during and after. 

Make a workable parenting plan

Your divorce in Florida means ending a relationship that is damaged beyond reclamation. Nevertheless, we at the law office of Michael E. Golub remind you that if you and your spouse have children together, you still need to cooperate with one another to co-parent your children even after divorce finalization. 

The first step in this co-parenting process is to work together with your spouse to develop a workable parenting plan. A good parenting plan that serves your children's best interests should establish the following.

Considerations that go into determining child support

When parents in Florida end their marriage, it often falls to at least one of the parents to pay child support. Sometimes both you and your ex-spouse have a child support obligation. At the law office of Michael E. Golub, we know that you want to determine as soon as possible if you will have to pay child support and, if so, how much. Your child support obligation depends a great deal on your individual circumstances. There are several different factors that go into the determination. 

It will probably be necessary to figure out your co-parenting plan with your ex-spouse before any discussion of child support can take place. The reason is that the amount of time that the children spend with each parent is a significant factor in determining which parent is to pay child support and how much. The responsibility to pay child support generally falls to the parent who spends less time with the children, usually calculated according to overnights spent with each parent. 

Divorce mediation versus uncontested divorce

Going through a divorce can be a strenuous process. However, if the divorcing parties work together, it can make the process easier.

For those looking to have an amicable split, there are a couple of options to choose from outside the traditional court process. Particularly regarding divorce mediation and uncontested divorces, there are a few key differences.

Back to school coparenting tips

Florida parents who are separated or divorced might find the summer months a particularly nice break from the scheduled world of the school year. This time might give them more opportunities to do special things with their kids and ease the restrictions of tight bedtimes and other requirements. However, when the calendar turns to August, it is time to turn one's attention back to the school routines and finding a way to do this when kids live in two homes means parents must work well together.

Lifehacker recommends that coparents make it a priority to meet with their children's teachers together. This allows both parents to learn what the teachers will need from their kids and from them and also allow them to share important scheduling or other details with the teachers. These meetings may help prevent kids from being the communication middle-people which can be stressful for them.

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Michael E. Golub, P.A. 819 West Main Street, Suite B Tavares, FL 32778 Phone: 352-508-1637 Tavares Law Office Map