A contested divorce occurs when both parties can’t agree on the terms of their divorce. In an uncontested divorce, the parties are able to put their own settlement agreement in place regarding how they will divide their assets and debts and come up with their own parenting plan if they have minor children. All divorce cases require the filing of a Petition and an Answer.
In a contested case, the parties generally have difficulties communicating and coming to any sort of agreement. The parties will need to bring all of their issues before the court since they cannot find common ground. The more contested the litigation, the more the parties tend to fight over trivial matters. The more the parties fight over minor matters, the more time-consuming and expensive the case will be for everyone involved.
At What Point During The Divorce Process Is Child Support Going To Be Awarded And Paid Out? Do You Have To Wait Until The Divorce Is Final To Receive Anything?
Either party may make a request for temporary support while the divorce is pending prior to the final hearing. The speed at which the court awards temporary child support can vary by jurisdiction. A party will not receive any relief without making such a request. Additionally, the court will need to hold a hearing on the issue of temporary support; an award is not automatic. If you believe the case is going to be highly contested, asking for temporary support should be a high priority. It is important to note that child support is based on the amount of time each parent spends with the child and on the parties’ respective incomes.
As The Parent Who Is Paying Child Support, Do I Have Any Say In How That Support Is Spent Or Is There Any Sort Of Reconciliation At The End Of The Month Where You Have To Prove What It Was Spent On?
The court is not going to dictate how the recipient must spend the money and does not have time to oversee how the recipient manages that money. The law gives parents the benefit of the doubt; it assumes they will make the right choices and use the money for the benefit of their children. The court will not ask for any type of itemized list detailing how the recipient is spending the money or ask for receipts.
If One Or Both Parents Are Not Following Either The Parenting Agreement Or The Child Support Order, What Can Be Done As Far As Moving That Along Or Getting Those Payments Someone Needs?
Once the court puts an order in place, you can move to compel the payment of spousal or child support. Unless the parties’ attorneys can get together and try to come to an agreement, they will have to involve the court. If either party disobeys a court order, there will be penalties associated with that decision, which may include paying the other party’s court costs and attorney’s fees.
What Happens If My Ex-Spouse And I Can’t Agree On Custody Or Child Support Matters?
If you cannot reach an agreement and mediation is unsuccessful, the case will go before the court during a final hearing. In Florida, there is a legal presumption that both parents should have equal timesharing with the minor child(ren). Child support guidelines are based on how much time each parent spends with the child(ren) and his or her income. Unless you can provide the court with a persuasive reason to depart from the guidelines, or you can present evidence that one party is purposefully underemployed, the child support amount will follow the guidelines and the timesharing will be equal (50-50).
What Are Some Of The Factors That Will Affect How Property, Assets, And Debts Are Divided Up In A Divorce?
The court must provide the parties with a fair and equitable distribution of their marital assets and debts, and will treat both parties equally. The goal is to determine the dollar value of the marital assets, add them up, and subtract any marital debt. The court will then split the resulting dollar amount equally between the parties. If one or both of the parties acquired assets prior to the marriage and kept those assets separate, it could affect the resulting distribution. For example, if one spouse bought a house prior to the marriage and made the mortgage payments, that premarital equity would be that spouse’s personal property. However, any increase in equity after the parties got married would count as marital property that the court would split equally between the parties. The court will treat both parties equally under most circumstances, unless some other types of specific factors are involved. Such factors include the parties’ economic circumstances and each spouse’s contributions to the marriage. One spouse may have supported the other’s career or education by undertaking primary responsibility for the marital home and childcare.
For more information on Family Law in Florida, an initial consultation is your best next step. Get the information and legal answers you are seeking by calling (561) 820-0010 today.
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