Family Law in Brandon, FL - Free Consultations Provided

 


 
The area of Family Law encompasses issues of Dissolution of Marriage, Paternity, Custody, Timesharing, Child Support, Alimony, Equitable Distribution and many other legal issues. Mary Beth Corn has litigated hundreds of cases involving every type of family law issue. It is important to hire an experienced attorney to protect your rights.


DISSOLUTION OF MARRIAGE:

Uncontested vs. Contested cases: If the parties have discussed and settled the issues they have regarding their dissolution of marriage case or paternity/custody case, then the case is deemed “uncontested.” Call the Law Office of Mary Beth Corn to discuss whether or not your cases is uncontested.

Custody/Timesharing:
Shared Parental Responsibility and Timesharing is governed by Florida Statutes, Section 61.13. Shared Parental Responsibility for children will be ordered unless to do so would be detrimental to the child’s best interests. Timesharing with the minor children as agreed upon by the parties or ordered by the Court are governed by parenting plans which outline each parties’ rights of access to their children.

Child Support:
Child Support issues are governed by Florida Statutes, Section 61.30, Florida’s Child Support Guidelines. The most important factors in calculating child support is the parties’ income, daycare expenses, medical expenses and overnight timesharing. The Court may enter an Income Withholding Order (IWO) to ensure timely payment from the obligor’s paycheck. You may also need services for representation if the Department of Revenue seeks to establish a child support order or seeks to enforce an existing child support order.

Equitable Distribution:
All marital assets and liabilities created during the marriage are presumptively divided 50/50 in a dissolution of marriage proceeding. This issue is governed by Florida Statutes, Section 61.075. Assets include the value of the marital residence, 401(k)s, military retirement, retirement benefits/pensions, checking/savings accounts, vehicles, boats, collectibles, furnishings, etc. Liabilities includes mortgages, credit cards, lines of credits, etc. Non-marital assets are not subject to division in a dissolution of marriage case.

Alimony:
Alimony issues are governed by Florida Statutes, Section 61.08. There are no set guidelines for the amount of alimony that may be awarded in a case. However, the Court must determine if there is need for alimony and whether or not there is the ability to pay alimony. The standard of living established during the marriage, the duration of the marriage, the age and physical condition of each party, the financial resources of each party, the earning capacities of the parties are several of the factors that the court will examine to determine alimony rights/obligations. There is a presumption of permanent alimony in long term marriages, which is a marriage of 17 years or more. Other forms of alimony include temporary, rehabilitative, bridge-the-gap and durational alimony.


OTHER ISSUES INVOLVED IN FAMILY LAW:

Paternity, Custody and Timesharing:
If a child is born to unmarried parents, then the Court will enter a Final Judgment of Paternity outlining both parties’ rights and obligations with respect to their children. Parental Responsibility, Timesharing and Child Support issues are determined. Both Mothers and Fathers have fundamental rights and obligations regarding their children. This area of the law is governed by Florida Statutes, Section 742 and Section 61.

Relocation with Minor Children:
If you intend to relocate with the minor children 50 miles or more from principal place of residence at the time of the last court order for custody/timesharing was entered, you either have to have the consent of the other parent or a court order. This issue is governed by Florida Statute, Section 61.13001.

Qualified Domestic Relations Order or “QDRO”:
This order is entered by the Court directing that a retirement or investment plan be divided pursuant to the term of Final Judgment of Dissolution of Marriage.

Motions for Contempt and/or Enforcement:
If a party is not complying with any order entered in a family law matter, you may be able to get compliance or enforcement of the order by filing the appropriate motion and bringing it to the Court’s attention.

Supplemental Petitions to Modify a Final Judgment:
If either party has a substantial change in circumstances since the Final Judgment was entered, you must file a Supplemental Petition to Modify. You may have a need to modify a custodial/timesharing order, a child support order, an alimony order, etc.

Mediation:
The parties to every family law case filed must attend mediation in order to try to settle their case prior to submitting their case to the Judge for resolution. If your case is fully settled at mediation, then the Court will enter a Final Judgment which requires the parties to comply with their agreements. If the parties are unable to resolve all of their issues at mediation, then the Court will hear your case and make the decisions for the parties.

Domestic Violence Injunctions:
When a party files for a domestic violence injunction, the Court may issue a temporary order until a hearing can be held. Domestic violence injunctions are very serious. If issued and a person violates the terms of the injunction that person could be arrested. Also, issues of possession of the home, custody/timesharing of the children and court ordered counseling may also be dealt with during these hearings. It is absolutely imperative to have an attorney with you whether you are the petitioner or the respondent to a case.