Caveda

Divorce FAQs

Child Support FAQs

 

Divorce FAQs

How long does it take to get a divorce?

My spouse committed adultery – will the courts be more likely to favor me in a divorce case?

Do courts automatically favor the mother in a time-sharing (child custody) hearing?

Can I move to another state with my children after the divorce?

Who will get our house in a divorce settlement?

How long do I have to be a resident before I can obtain a divorce in Florida?

Am I required to list a reason such as adultery or abuse to get a divorce in Florida?

 

How long does it take to get a divorce?

The length of time necessary for a divorce varies according to a number of factors, including whether your divorce is contested, uncontested, collaborative or a military divorce; whether children are involved, any significant shared property and the location where your divorce is filed.  You must file in the county where at least one of you lives, or where the marital home is located – but some counties experience greater time delays than others.

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My spouse committed adultery – will the courts be more likely to favor me in a divorce case?

Many spouses are surprised to learn that adultery doesn’t always carry much weight in the court’s opinion.  However, if you can show that adultery resulted in a financial loss to the marriage, such as excessive spending of marital funds on a third party, the court will consider this as a factor – but you must be able to prove it.

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Do courts automatically favor the mother in a time-sharing (child custody) hearing?

Not necessarily; a mother shouldn’t automatically assume she will get majority time-sharing (custody) in a divorce, and many fathers successfully win majority time-sharing (custody) of their children.  The most important factor, whether you are a mother or a father, is being able to demonstrate that you are the most suitable guardian of your children. An experienced Tampa child custody lawyer can help by offering proof of your parenting fitness in the areas considered most crucial by the court.

For more information: Child Custody (Time-Sharing) in Florida

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Can I move to another state with my children after the divorce?

Florida law prohibits relocating minor children more than 50 miles away from their principal residence (unless the move places the new residence less than 50 miles from the other parent), without the written consent of the other parent or a court order authorizing the relocation.  If you wish to relocate with the children you must follow specifics steps required by law.  If the other parent objects to the move, the court must approve the relocation before you move.  The court considers such factors as whether your move is to be closer to other family, or to accept a better-paying job; reasons that would establish that your move is in the best interest of your children and not just to “punish” your ex-spouse.

For more information: Relocations in Florida

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Who will get our house in a divorce settlement?

In cases that don’t involve minor children, either spouse has an equal chance of being awarded the marital home.  However, if you do have minor children, the court typically favors the parent who will have the children the majority of overnights (primary custody), enabling the children to stay in their home. 

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How long do I have to be a resident before I can obtain a divorce in Florida?

The State of Florida requires that at least one spouse must be a resident for a minimum of 6 months before filing a divorce.

For more information, see our pages related to divorce in Florida:
Uncontested Divorce
Contested Divorce
Collaborative Divorce
Military Divorce

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Am I required to list a reason such as adultery or abuse to get a divorce in Florida?

No, Florida does not require a “fault” as grounds for divorce, so you are entitled to dissolve your marriage for whatever reason you wish. 

If you have other questions about a Florida divorce, the Caveda Law Firm, P.A., has answers. Our Tampa divorce attorney has been helping residents of Tampa, Tampa Bay and Hillsborough County for more than 15 years. Contact our Tampa divorce attorney today by calling (813) 254-5455 or by filling out our online form.

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Child Support FAQs

How is child support calculated in Florida?

Does the court have any leeway with the Child Support Guidelines?

What if my spouse doesn’t report all of his income to the court?

I want to stay at home with my small children, but I’ve heard the courts can say I should be capable of putting them in daycare to get a paying job.  Is this true?

How can I get my ex-spouse to pay child support?

I never married the father or mother of my child – can I still get him or her to pay child support now that he or she has left our home?

If my final divorce hearing isn’t for several months and I need money now to care for my children, what are my options?

Can the amount of child support change if I lose my job?

 

How is child support calculated in Florida?

The state of Florida uses a formula known as the Child Support Guidelines to determine the amount of child support. The combined net incomes of both spouses and the number of children are used to calculate the total support needed for the children – and then the court will decide how much support the non-custodial parent will pay.   Note that the living expenses of the parent paying child support are usually not considered when calculating the amount to be paid.

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Does the court have any leeway with the Child Support Guidelines?

Typically, the court may vary from the guidelines by around 5% - unless there are special circumstances that the guidelines don’t account for, such as a special needs child with additional medical expenses. Other possible factors include the presence of children born or adopted after child support was established, or a non-custodial parent who spends a substantially larger amount of time with the children than the typical custody arrangement assumes.

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What if my spouse doesn’t report all of his income to the court?

If your spouse doesn’t declare all of his income when the Child Support Guidelines are being applied, you need to show proof of this omission in order to make sure all income is counted.  If you know your spouse makes more than his records show, your Hillsborough County child support lawyer may be able to help advise you on what type of documentation could demonstrate this to the court.

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I want to stay at home with my small children, but I’ve heard the courts can say I should be capable of putting them in daycare to get a paying job.  Is this true?
 
If your spouse can show that you make less income than you are capable of earning, it is true that the court can “impute” income to you – meaning the Court can calculate how much money you could be making and take that into consideration when calculating child support or alimony.  However, in the case of a parent who wishes to stay at home and provide care to young children, it’s up to the court’s discretion whether or not to impute income.  Often this issue is instigated by the non-custodial spouse who wants to pay less child support – and your spouse’s attorney may try to establish that you have quality childcare options available and a high earning potential.  If you think your spouse may raise this as an argument, you should make your own Tampa family lawyer is aware of this as a possible factor.

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How can I get my ex-spouse to pay child support?

If your spouse stops paying child support, you must file a motion to place him or her in contempt of court. After the court grants this motion, there are several punitive measures that may be taken to enforce the child support order, including jail time, driver’s license suspension, and even suspension of professional licenses.

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I never married the father or mother of my child – can I still get him or her to pay child support now that he or she has left our home?
 
Marriage isn’t a requirement for paternity, so you still have grounds for trying to win child support. If your child’s father won’t acknowledge paternity, you will need scientific testing (such as DNA testing) to establish that he is the father of your child.  Once paternity is established, child support and time-sharing (formerly known as custody and visitation) are treated similarly to a regular divorce case.  An experienced Tampa divorce attorney can advise you on how to initiate the process of establishing paternity.

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If my final divorce hearing isn’t for several months and I need money now to care for my children, what are my options?
 
You can request an order from the court for temporary child support, alimony, visitation rights or child custody if your spouse isn’t cooperating and you need assistance before your final hearing. Consult an experienced Hillsborough County divorce lawyer for advice on how to request a temporary order.

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Can the amount of child support change if I lose my job?

The court will consider modifying child support agreements when a significant change in financial circumstances occurs.  Loss or a drastic reduction of the non-custodial parent’s income may constitute such a change – as would a sudden increase in the custodial spouse’s income.
 
If you have other questions about Florida child support, the Caveda Law Firm, P.A., has answers. We have been helping residents of Tampa, Tampa Bay and Hillsborough County for more than 15 years. Contact our Hillsborough County family attorney today by calling (813) 254-5455 or by filling out our online form.

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