11.13.08
Posted in paternity at 6:48 pm by carolann
Establishing paternity in Florida can benefit your child in many ways. Even if you do not know for certain the identity of the father, or the father denies that the child is his, simple genetic testing is available to prove fatherhood. While you may no longer have a relationship with your child’s father, the benefits to your child should still be important considerations. With the assistance of an experienced family lawyer, you can establish paternity with your child’s best interests in mind.
First, establishing paternity can allow you to better provide for your child’s needs. A family court judge can order child support payments, which go towards providing basics necessities, such as food, clothing, and shelter. Child support can also be used for extra educational expenses or to cover the costs of your child’s hobbies, like Little League registration fees or dance lessons. Your child may receive funds for support from the father’s military allowance, if applicable.
The benefits also extend to your child’s health. A judge can order parents to provide health insurance, by adding the child to an employer-sponsored program or purchasing it privately. For instance, if the father has a family health insurance plan available from his workplace, the judge may direct him to enroll the child. Health insurance is not the only possible benefit, however. When he is older, your child may need information about his family history of certain health problems. Your daughter might need to know that her aunt or grandmother died of an aggressive form of breast cancer so that she can take precautions for her own health.
Your child will also be eligible for certain benefits when his father dies, depending on the circumstances. He may be able to inherit from his father, even if there is no will. Your child could receive life insurance proceeds and Social Security benefits, as well.
From your child’s perspective, knowing the identity of both of his parents can instill a sense of who he is. The father and his family can provide emotional and familial ties well beyond the financial incentives to establish paternity. The decision to pursue paternity is one best made by reflecting on your child’s interests and in consultation with an attorney who can assist you in the process.
If you are going through a divorce in the south Florida area, contact Carolann Mazza, P.A. for your free consultation today. From her office in Fort Lauderdale, Ms. Mazza serves Broward and Palm Beach Counties. Contact Carolann Mazza today at 954-527-4604. The office is located at 1040 Bayview Dr., Suite 605, Ft. Lauderdale, Florida 33304.
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Posted in alimony, bridge-the-gap, divorce, family law, lump sum, permanent periodic, rehabilitative, spousal support, temporary at 8:42 am by carolann
Alimony (also known as spousal support) is a tool that the court can use to make sure each spouse is treated fairly upon divorce. Florida family law recognizes different types of alimony: including permanent periodic, lump sum, rehabilitative, and bridge-the-gap. The court can also award temporary alimony during the duration of a divorce case. A person may receive more than one type of alimony, depending on the individual facts and circumstances of the marriage.
When considering an award of alimony, a Florida court can examine any factor, including the adultery of either spouse, the length of the marriage, and the employment prospects of the spouse who would receive the alimony. Alimony is not the same as child support and is evaluated as an entirely separate matter. In Florida, the alimony issue must be decided before the court establishes child support.
Temporary alimony may be granted to maintain the status quo during the pendency of a divorce case. For example, if one spouse functioned as a traditional homemaker and did not earn income outside the home and the other spouse paid the marital bills from income earned outside the home, the working spouse can be required to continue to pay the marital bills until the final disposition of the divorce.
If one spouse needs some help getting on his or her feet, the court may award bridge-the-gap alimony. This alimony is awarded to assist the person in the transition from married life to single life and is generally awarded for two years. For example, if the spouse is having a hard time finding a job or is no longer living in the marital home, a court may award bridge-the-gap alimony to allow that spouse to find a job or appropriate housing.
A spouse might request rehabilitative alimony if that person requires the time to acquire new skills or resume an educational/career track that was interrupted during the marriage. Rehabilitative alimony is specifically designed to further the receiver’s career options and requires a specific plan toward that goal.
A court will award permanent periodic alimony, usually on a monthly basis, if one spouse needs to be supported indefinitely. Generally, the award of permanent periodic alimony in Florida turns on the duration of the marriage, although other factors are also applicable. Permanent periodic alimony usually lasts until the death of either spouse or if the spouse receiving the payments remarries. Florida law recently changed to allow a reduction/cessation in permanent periodic alimony in the event the recipient spouse is cohabiting with someone who financially supports them.
Lump sum alimony is one large payment paid directly from the distribution of the marital assets. It may consist of money, the marital home, a combination of the two, or other assets. A court might opt for lump sum alimony instead of permanent periodic alimony if there is extreme hostility between the spouses to the degree that an ongoing arrangement is not practical or in the event that one spouse is ill and is expected to die prematurely.
Traditionally, alimony was only available to women. Nowadays, both men and women can petition the court to award support, although it is still more commonly requested by women who have devoted their energy to raising a family. With more women in the workforce and more women out-earning their husbands, the number of men entitled to alimony is sure to increase.
If you are going through a divorce in the south Florida area, contact Carolann Mazza, P.A. for your free consultation today. From her office in Fort Lauderdale, Ms. Mazza serves Broward and Palm Beach Counties.
Contact Carolann Mazza at 954-527-4604. The office is located at 1040 Bayview Dr., Suite 605, Ft. Lauderdale, Florida 33304.
The decision to hire a lawyer should not be based on advertising. Carolann Mazza can provide you with information pertaining to her qualifications. This website is designed for general information, not legal advice. Accessing this site does not constitute the formation of the attorney/client relationship and should not be construed as formal legal advice. Please consult an attorney if you are in need of legal advice and representation.
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