Coyne Law

The process of establishing paternity in Florida may be necessary when a child is born out of wedlock. There are a number of methods that paternity can be established, however, many of them require that both parents agree that the individual claimed to be the father is, in fact, the biological father. If the parties cannot agree, it may be necessary for one of them to file a petition for paternity. A petition for paternity is a request to the courts that the identity of the father is legally established.

Either the mother or the father of a child can file a petition for paternity. A petition may be filed to protect either of the parent’s rights regarding the child and to ensure that he or she is (1) granted time-sharing, (2) allowed to be involved in the decisions affecting the child’s education, medical treatment, religious upbringing and other issues involving the raising of a child and (3) to determine if child support should be paid and, if so, the amount of that child support. If either party denies that the father is truly the biological parent of the child, the courts may require that DNA testing be completed pursuant to Florida Statute §742.12 which states in part that “[i]n any proceeding to establish paternity, the court on its own motion may require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show probability of paternity.”

Paternity may have been previously established through one of the following methods described in Florida Statute §742.10 “Establishment of paternity for children born out of wedlock”: (1) an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers’ compensation or similar program; (2) an affidavit acknowledging paternity or a stipulation of paternity executed by both parties and filed with the clerk of court; (3) a notarized voluntary acknowledgment of paternity witnessed by two individuals and signed under penalty of perjury; or (4) an adjudication by the Department of Revenue. If that is the case, it may only be necessary to file a petition for a parenting plan to be imposed by the court. As discussed above, that parenting plan ensures that a time-sharing schedule is established and determines who shall have decision-making authority for a variety of issues including education, medical treatment and religious upbringing.

When paternity is established and a parenting plan is entered, the courts must also address child support. Child Support is usually one of the most contentious issues associated with this process. Whether it is true or not, it is often the perception of one, or both, of the parties that child support is being sought out of revenge or to have control over the party that is ultimately required to pay. The amount of child support that will be paid for the support of a child is dependent upon what the Florida Legislature has determined is that child’s “need.” The child’s need is based upon the income of the parties. Child support is then calculated based upon the proportion of income that each of the parties provides and the proportion of the time-sharing of the parties.

The process of dissolving a marriage can seem overwhelming, complex and difficult whether the divorce is in Sarasota, Florida or elsewhere. When a person is faced with a decision of whether to file for divorce in Florida, or whether they are forced to respond to a petition for divorce that has already been filed against them, it is important that they find a divorce attorney that can educate them on the process, work with them to prepare for what they will face, and fight for them when they are unable to defend themselves. At this difficult time, it is necessary that their attorney work to protect their future.

No-Fault Divorce

Florida is a “no-fault” divorce state. This means that either party may seek a divorce without having to prove that either party was “at fault.” In order to obtain a divorce in Florida, the only requirement is that one of the spouses no longer wishes to be married. The spouse seeking a divorce simply needs to state that the marriage is “irretrievably broken. In addition, since it is a no-fault state, the bad actions of one of the parties usually have no bearing on the case. For example, if one spouse has an affair, that will likely not affect the determination of property settlement or child visitation. It can, however, affect whether alimony will be awarded.

Marital versus Non-marital Assets

A divorce is necessary to resolve several issues that arise when two individuals no longer wish to act in one unified partnership. It is important that the parties are able to identify the marital and non-marital assets in their possession and to evenly divide those assets that are marital. Marital assets are assets, with a few exceptions, which have been obtained during the course of the marriage. Non-marital assets are usually assets that were possessed prior to the marriage or were obtained during the marriage via inheritance or other similar means. Additionally, liabilities can be deemed marital or non-marital as well.

Equitable Distribution

Once the Marital Assets have been determined, it will be necessary to divide those assets between the parties. This portion of a divorce is commonly called Equitable Distribution. Florida courts are required to follow the Florida Statutes and to divide the assets and liabilities evenly. The courts must determine the date at which the parties separated, as well as the value of the assets and liabilities at that time. Additionally, there are exceptions for when the courts are permitted to divide assets and liabilities unequally.

Divorce in Florida with Children

A divorce in Florida with a child requires that the parties resolve several issues that are associated with raising a child. The court will need to determine what parenting plan is in the child’s best interests and develop a time-sharing schedule, determine how decisions regarding the child’s education, medical care, and religious teachings will be made, as well as address child support.

Child Support

Child Support is usually one of the most contentious issues associated with the divorce process. Whether it is true or not, it is often the perception of one, or both, of the parties to a divorce that child support is being sought out of revenge or to have control over the party that is ultimately required to pay. The amount of child support that will be paid for the support of a child is dependent upon what the Florida Legislature has determined is that child’s “need.” The child’s need is based on the income of the parties. Child support is then calculated based upon the proportion of income that each of the parties provides and the proportion of the time-sharing the parties have with the child(ren).

Alimony

The last issue that needs to be resolved through the divorce process is determining whether alimony is appropriate and how much should be paid in alimony. Florida Statute §61.08 states as follows: “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in a lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.”

Domestic Violence

Unfortunately, in some cases, it may be necessary to protect against domestic violence. A protective order or injunction may be necessary to protect individuals who live in fear of another individual due to that person’s history of abuse or behavior that could be considered stalking. This is regrettably a reality that arises when individuals are emotionally stressed due to separation and/or divorce. Even more unfortunate is when a party tries to use the legal system as a weapon and makes false allegations against another with the hope of obtaining an injunction. In either situation, it is necessary that a party makes an effort to protect themselves. Often individuals believe that they are able to adequately represent themselves in what they believe are minor proceedings. These individuals end up not obtaining the injunction that they so desperately need, or they have a lifetime injunction entered against them that limits their ability to obtain employment in the future and own a firearm of any kind. Divorce attorney Whitney Coyne spent two years of his early career focused solely on prosecuting acts of domestic violence, including domestic battery and domestic violence injunctions. Few family law attorneys are as familiar with the Florida Statutes relating to domestic violence and injunctions.

Whether the issues are child custody, property settlement, or alimony, the right attorneys can make sure the process is fair, help you reach a just conclusion, and allow you to move forward with your life. Divorce attorney Whitney Coyne can explain the process of a divorce in Florida and the related laws to you during a free consultation. Mr. Coyne will assist you in planning for your future and preparing you for the requirements that come with a divorce.

Unfortunately, in some cases, it may be necessary to protect against domestic violence. A protective order or injunction may be necessary to protect individuals who live in fear of another individual. That fear is often due to that person’s history of abuse or behavior that could be considered stalking. This is regrettably a reality that arises when individuals are emotionally stressed due to separation and/or divorce. Even more unfortunate is when a party tries to use the legal system as a weapon. In these cases, individuals make false allegations against another with the hope of obtaining an injunction.

Regardless of the reason, it is necessary that a party makes an effort to protect themselves. Often individuals believe that they are able to adequately represent themselves in what they believe are minor proceedings. These individuals often end up not obtaining the injunction that they so desperately need, or they have a lifetime injunction entered against them that limits their ability to obtain employment in the future or own a firearm of any kind.

Divorce attorney Whitney Coyne spent two years of his early career focused solely on prosecuting acts of domestic violence, including domestic battery and domestic violence injunctions. Few family law attorneys are as familiar with the Florida Statutes relating to domestic violence and injunctions.

Whether you are in need of an injunction or are trying to protect yourself from having the court wrongfully enter an injunction against you, we are here to fight on your behalf.

For any parent going through a divorce, their primary concern is time-sharing, visitation, or custody. While many other states commonly refer to the determination of where a child will reside as custody, Florida does not use that term. A “Time-sharing schedule” is defined in Florida Statute 61.046 as a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent.

"Parenting plan” means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being.

In creating the parenting plan, including a time-sharing schedule, the best interest of the child shall be the primary consideration. A determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against the relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

It will be your family attorney’s responsibility to explain these factors to you and to help you present your case to the judge while keeping these factors in mind.

Through the divorce process, the parents will either agree to a permanent parenting plan, or the court will order one upon finalizing the divorce. Parenting plans do not just include time-sharing, as stated above, they encompass all aspects of child-raising including decision making for schooling, religion, holidays, vacations, medical needs and extra-curricular activities.

In certain cases, it may become necessary to address time-sharing in the early stages of the case. Under these cases, it may be necessary to have your attorney seek a temporary parenting plan. It is important for the children to have continued contact with both parents during the divorce process. There is a standard court order that is filed in every family law case ordering the parties to continue to foster a relationship with both parents. This includes time-sharing, communication, and a provision discouraging the disparagement of the other parent. If one party is unable to abide by the standard order, it may be necessary to seek a temporary parenting plan or even seek to have that party held in contempt of court.

Child Support

Child support will also be addressed in the divorce proceedings. Child support is simply a mathematical formula based on each party’s individual income, child-related expenses and the number of time-sharing overnights in the parenting plan. The numbers are inputted into a spreadsheet or software used to calculate the amount of support taking the parameters set forth in the Florida Statutes into account. It is not generally a negotiable amount as it is solely based on the formula enacted by the State of Florida. A family law lawyer can assist you in determining what should be included as income and expenses in your financial affidavit so that your child support is accurately calculated.

Parenting Plan

In order to modify an existing parenting plan, the moving party must show a substantial change in circumstance. The court will review any changes that may affect one parent’s ability to comply with the current parenting plan. If appropriate the court can modify that parenting plan and reduce or increase time-sharing or simply modify the time-sharing schedule. Contact the family law lawyers at Coyne Law, P.A. for a free consultation to learn whether you may be able to obtain a modification of your existing order.

Child Support

In order to modify an existing child support order, the moving party must show a substantial change in circumstance. Involuntary changes in employment may be sufficient to warrant a reduction just as an unexpected increase in the other party’s income may warrant an increase in child support.