What Is Imputed Income, and How Does the Court Determine It?

In the simplest possible terms, imputed income is hypothetical income. It is how much the judge determines that the (currently non-working) spouse would be earning if that spouse were working. Imputed income usually factors into a case when a spouse is not working at all, but sometimes the spouse is working, but the judge determines that the spouse is intentionally earning a lower income than he or she could earn, specifically to prevent the court from imposing a heavier financial burden on him or her. The court can impute income to a supporting spouse or to a supported spouse. The goal is to prevent the supporting spouse from evading his or her responsibilities to support his or her children and ex-spouse and also to prevent the supported spouse, if he or she is able to work, from representing an unnecessary financial burden to the supporting spouse. Imputed income can be used in cases of alimony or child support.

Notable Cases Involving Imputed Income

In the case of Koscher v. Koscher, Daniel and Marcie Koscher divorced after 30 years of marriage. Because of the length of the marriage, and because of Marcie’s health problems that prevented her from working, the judge and both spouses agreed that Marcie should receive permanent alimony. Daniel was laid off from a well-paying job shortly before the divorce was initiated. He spent the next four years trying to start his own business, but never earned anything close to the income he had received from his previous job. The court ruled that Daniel was voluntarily unemployed; four years was long enough for him to find a job with a steady paycheck, entrepreneurial dreams or not. Therefore, it imputed income to Daniel based on what he had earned over the span of his career.

In the case of Hua v. Tsung, the court refused to grant permanent alimony to Nancy Hua, a healthy woman in her forties who had been a stay-at-home parent for most of her marriage. It awarded her rehabilitative alimony to pay for nursing school and then imputed income to her based on what she could be expected to earn after graduating.

Contact Bundza & Rodriguez About Disputes Over Alimony and Child Support

Judges must use their individual discretion when imputing income to a parent or former spouse.  Contact Bundza & Rodriguez, P.A. in Daytona Beach, Florida if you think you have reason to contest the amount of alimony or child support awarded in your divorce case.

Resource:

edca.4dca.org/DCADocs/2015/2432/152432_DC08_09212016_100935_i.pdf

What Parenting Courses Are and What They Are Not

The official name for Florida’s legally required parenting classes is the Parent Education and Family Stabilization Course. Florida requires these courses for all parents of minor children, except those parents who are peacefully married to each other. When a couple who has minor children together divorces, both parents must complete a parenting course before the divorce can be legally finalized. Likewise, when a man establishes legal paternity of a child, and the child’s mother is not the man’s wife, both parents must complete a parenting course.

Court-ordered parenting courses are not a punishment. They are also not an alternative to some greater burden, the way that courts sometimes order addiction treatment programs instead of incarceration for people convicted of drug possession. The course is much more similar to the one-day course on traffic laws that all Florida drivers must take before taking the test to get a driver’s license. The idea is that co-parenting is a responsibility and a privilege, like driving. Like the driver safety course, the parenting course is only one day long. In fact, Florida law requires the course to be a minimum of four hours. The course typically costs between $18 and $39.

If a court requires you to take a parenting course, do not think of it as a punishment. Your ex-spouse also has to take the same course, as do all divorced parents in Florida. Besides, you and your ex do not have to attend the course together.

Bundza & Rodriguez Can Help with Child Custody and Co-Parenting

All divorced parents need to take parenting courses in Florida, but every family is unique.  Contact Bundza & Rodriguez, P.A. in Daytona Beach, Florida for help reaching an agreement to raise your children with your ex-spouse.

Resource:

flcourts.org/core/fileparse.php/293/urlt/995a.pdf

Different Ways of Determining Paternity

When a child’s biological mother and father are married to each other at the time of the child’s birth, establishing legal paternity is very simple. In almost all cases, the mother’s husband is automatically designated the legal father. (Likewise, he is almost always the child’s biological father.) When the mother is not married at the time of the child’s birth, the man who wishes to be named as the legal father can file a Voluntary Acknowledgement of Paternity, with or without DNA testing to prove a genetic relationship between the child and the prospective legal father.  In fact, courts tend to require DNA testing when a man denies that he is the biological father and therefore, denies that he has a financial responsibility to the child. This often happens when the mother applies for public assistance, and no legal father has been named. In other words, intent to raise a child is the most important criterion for paternity; a genetic relationship is the second most important.

When Marriage Is More Important Than DNA

Things really get complicated when the mother is married at the time of the child’s birth, but her husband is not the child’s biological father. Florida’s case law shows that the courts grant legal paternity to the mother’s husband, and the biological father cannot take that designation away from him. In cases such as Slowinski v. Sweeney, and, more recently, Flynn v. McCraney, biological fathers of children born to intact marriages (between the mother and a man other than the biological father) challenged the legal fathers’ paternity and lost.

On the one hand, the courts want to avoid breaking up families. They want to avoid taking a child away from the only father he or she has ever known. On the other hand, the above cases represent discouraging news for unmarried biological fathers. One possible solution to this problem is to have children DNA tested at birth when there is any question of biological paternity, even if the mother is married at the time of the child’s birth.

We Can Help with Paternity Cases

The older the child is when there is a controversy over his or her parentage, the more difficult matters are. It is in everyone’s interest to resolve matters of legal paternity when the child is very young. Contact Bundza & Rodriguez, P.A. with any questions about establishing legal paternity.

Resources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/Sections/0742.10.html

edca.1dca.org/DCADocs/2015/5802/155802_DC05_09192016_113002_i.pdf

courtlistener.com/opinion/2493513/slowinski-v-sweeney/

Certainly, it takes more than DNA to make a family, and Florida acknowledges this. Case in point, adoption and surrogacy are very simple legal matters and rarely involve litigation. Even legally establishing paternity does not always require DNA paternity testing. If unmarried parents want to gain legal recognition of the father’s relationship to the child, all they have to do is submit a Voluntary Acknowledgement of Paternity; the judge usually does not order a DNA test.

Parker v. Parker: A Complicated Case Involving Paternity Fraud

The Parker v. Parker case raises several issues highlighting the ambiguity with which Florida law regards the definition of paternity. Richard and Margaret Parker divorced when their son was a toddler, and the court ordered Parker to pay child support. Sixteen months after the divorce, Richard had fallen behind on his support payments, and he argued in court that he doubted that he was the child’s biological father. DNA testing revealed that Richard was not the child’s father. The court ordered Richard to continue to pay child support despite the lack of genetic relationship. If Richard had wanted to disprove his paternity, he should have done so when the divorce was filed; the statute of limitations for challenging paternity in a divorce is one year from the date of filing. The court argued that, since Richard waited until sixteen months after the divorce, his motivation for challenging his paternity was simply to get out of paying child support. Up until this point, he had always acknowledged the child as his son.

To the Florida courts, raising a child has as much to do with paternity as sharing half of the child’s DNA does. Another reason why courts are so strict about challenges to paternity goes back to a precedent from the pre-DNA testing days. Before DNA paternity tests were available, it was virtually impossible to establish biological paternity with any certainty. Challenges to paternity necessarily involved the ugliest of ugly accusations, with little hope of resolution. Therefore, courts often refused to entertain them.

Forcing a man to pay child support when he is not genetically related to the child and is not the partner of the child’s mother seems unfair to many people. Therefore, Florida lawyers are looking for solutions to avoid cases like Parker’s from happening in the future.

Let Us Help You Today

The attorneys at our office in Daytona Beach, Florida are experienced in dealing with family law cases about paternity. Contact Bundza & Rodriguez, P.A. if you have been a victim of paternity fraud.

Resources:

scholar.google.com/scholar_case?case=15319835621860114145&hl=en&as_sdt=2,48

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/Sections/0742.10.html

How Does Collaborative Divorce Work?

In the summer of 2017, the state of Florida passed new legislation regarding collaborative divorce. Collaborative divorce is different from litigation, where the parties argue their respective cases in front of a judge. It is also different from mediation, where they argue their cases in front of a mediator, but the mediator’s decision is not legally binding. Instead, in a collaborative divorce, the two spouses work together every step of the way.

Usually, in a collaborative divorce, each spouse hires a lawyer. They meet with their lawyers individually, but the process also involves meetings of all four people: both spouses and both lawyers. They also meet with other experts who give them professional advice about various aspects of their divorce. A financial expert often advises them on how to divide their property equitably. If the couple has minor children, then an expert in the mental health of children helps the parents develop a parenting plan that will help the children thrive. A collaborative divorce can involve a lot of people, but no judges are involved, except to pronounce the marriage legally dissolved at the very end.

Collaborative Divorce Pros and Cons

Having the option of collaborative divorce will come as a great relief to many couples. Litigation is stressful and expensive, and when litigation is involved, it is easy for things to get very ugly, even among couples who originally approached their divorce with the best of intentions for getting through it amicably. In a collaborative divorce setting, it is easy to feel that the experts and lawyers are there to help both spouses. The divorce does not take place in the framework of one spouse against the other. Some couples also choose collaborative divorce because they feel that it allows them more privacy.

When there are very difficult issues involved, collaborative divorce does not work. If the marriage ended because of physical or financial abuse, collaborative divorce is probably not an option. Likewise, if aspects of the parenting plan are hotly contested, litigation is usually the only choice.

Reach Out to Us Today for Help

Having a divorce attorney you really trust can contribute greatly to the success of your collaborative divorce. Contact Bundza & Rodriguez, P.A. in Daytona Beach to see if collaborative divorce is right for you.

Resources:

flcourts.org/core/fileparse.php/293/urlt/995a.pdf

prnewswire.com/news-releases/groundbreaking-florida-collaborative-divorce-law-effective-july-1-2017-300482227.html

What Is No Fault Divorce?

In Florida, couples can divorce because of irreconcilable differences. “Irreconcilable differences” is an intentionally vague term; it essentially means that a couple can divorce simply because they no longer wish to be married to each other. Even reasons as small as “she buys too many shoes” or “he forgot my birthday,” which would have seemed utterly frivolous to judges a century ago, can count as irreconcilable differences.

The “no fault” part comes in because judges no longer have to spend time determining which party was at fault for the breakdown of the marriage. Each party probably feels that it was the other spouse who ruined the marriage. No fault divorce is something of an acknowledgement that it takes two people to make a marriage succeed or fail.

When Adultery Does Matter

Despite the fact that all married couples in Florida have the right to divorce, with or without adultery, evidence that one spouse had an affair can affect the court’s decision on some matters. When it comes to child custody, simply starting a new long-term relationship before legally divorcing one’s spouse usually does not count as being an unfit parent. If you can prove that your spouse’s extramarital affairs are part of a pattern of unstable, irresponsible, and impulsive behavior, however, the court might grant your spouse less time with the children.

As regards property division, adultery on the part of one spouse can affect the judge’s decision about how to apply the doctrine of equitable distribution. Florida courts must divide a couple’s jointly owned property in a way that is fair (equitable). Misconduct, that is, intentional misuse of marital property, can lead judges to favor the innocent spouse (the one who did not commit the misconduct) in property division decisions. Spending money on an extramarital affair can count as misconduct.

Contact Bundza & Rodriguez About Your Options If Your Spouse Committed Adultery

It is normal to feel betrayed if your spouse committed adultery, but the purpose of the family court system is not to punish one spouse or even, in most cases, to decide who is to blame. If you have just found out about your spouse’s extramarital affair, or if you are tired of living in an adulterous marriage, contact Bundza & Rodriguez of Daytona Beach, Florida. Corey Bundza and Michael Rodriguez will help you rebuild your life after adultery.

Why Establish Paternity?

Being a child’s legal father entitles you to certain legal rights that merely being involved in the child’s life, or even merely being the child’s biological father, does not. If you separate from the child’s mother, or even if you were never in a long-term relationship with her, you are entitled to a share of physical custody and legal custody of the child. Exactly what your rights to involvement with the child will be can be specified on a family by family basis in the parenting plan. “Physical custody” means time in which the child lives with you, and “legal custody” means the right to make certain decisions on the minor child’s behalf. Of course, with rights come obligations. The legal father must also bear certain financial responsibility for the child until he or she reaches legal adulthood. If you are not living with the child’s mother, the court could require you to pay child support.

Ways to Establish Legal Paternity

• Marriage to the Mother – If the mother is married at the time of the child’s birth, her husband is automatically granted the status of legal father.

• Voluntary Acknowledgement of Paternity – If the mother and father are not married to each other when the child is born, they can file a Voluntary Acknowledgement of Paternity with the court, in which they request that the court grant the man the status of legal father. This document becomes legally binding 60 days after you file it.

• Default – If the child’s mother petitions to court to declare you the legal father, and you do not appear in court when requested to do so, the judge can declare you the legal father even in your absence.

• DNA Testing – If the other requests to have you declared the child’s legal father, but your refuse on the grounds that you believe that you are not the child’s biological father, the court can order a DNA test. The test consists of obtaining DNA samples from the child, the mother, and the alleged father. The sample can be obtained through a blood draw or by removing skin cells from the inside of the cheek with a cotton swab.

Contact Bundza & Rodriguez for Help with Paternity Issues

Being a father is about more than having 23 chromosomes in common with a child. Contact Bundza & Rodriguez in Daytona Beach, Florida to help you establish paternity or lack thereof.

Resource:

flcourts.org/core/fileparse.php/293/urlt/995a.pdf

Prenuptial agreements can actually prevent conflict between spouses. The reason so many marital conflicts are about money is because so many people do not have honest discussions about their financial plans, their assets and debts, and their values about money before they get married. Successfully drafting a prenuptial agreement means not hiding wealth or debts from your fiancé.

Motivations for Drafting a Prenuptial Agreement

One could argue that every engaged couple should discuss their financial status and financial goals to the extent that they can jointly issue a written statement about how they plan to respond to various changes in financial status. When you need a prenuptial agreement the most is when one spouse stands to suffer a great financial setback in the event of a divorce. The more complicated your finances are, the more you can benefit from a prenuptial agreement. Couples in the following situations are most in need of prenuptial agreements:

• One spouse has a much higher income than the other
• One spouse has a much higher net worth than the other at the time of marriage
• One spouse has many thousands of dollars in debt obligations at the time of marriage, but the other does not
• One or both spouses have children from a previous relationship
• The couple plans for one spouse to be a stay-at-home parent, therefore having very little income for many years
• One spouse owns a business individually or with partners

Inheritance can likewise be a thorny issue in divorce. Florida law tends to treat inherited assets as non-marital property. It is possible for non-marital property to become marital property. If you use your inherited money to support your spouse during the marriage, the judge might not be so easily convinced that it is really non-marital property.

Prenuptial Agreements Are a Serious Legal Matter

A prenuptial agreement is a legal document on which judges and mediators will rely heavily in determining how to divide property in a divorce. It is a good idea to have a lawyer help you draft a prenuptial agreement. If you and your fiancé write the agreement without a lawyer’s help, at least have a lawyer review it. This way, you will be sure that you understand the legal implications of the document you are signing.

Contact Bundza & Rodriguez About Prenuptial Agreements

Prenuptial agreements are detailed financial plans for couples. While they are used as guidelines in divorce cases, they are also important for reasons that have nothing to do with divorce. Contact Bundza & Rodriguez in Daytona Beach, Florida, for help drafting or interpreting your prenuptial agreement.

What Is Equitable Distribution?

“Equitable” just means “fair.”  Therefore, the doctrine of equitable distribution requires judges to divide property between divorcing spouses in a way that is fair.  Equitable does not always mean equal. Judges take into consideration how much income each spouse obtained during the marriage. They also factor in the non-financial contributions of each spouse that made it possible for the other spouse to dedicate as much time as he or she did to the pursuit of wealth. They also consider the financial needs of each spouse and each party’s earning potential.

Importantly, Florida law requires divorcing couples and the judges deciding their cases to divide the couple’s property based on what is owned jointly and what each spouse owns individually. Marital property is money and other assets that belong to the couple jointly. Non-marital property is what each spouse owns by himself or herself. Only in extreme circumstances would someone have to surrender some of his or her non-marital property to his or her spouse in a divorce.

Marital and Non-Marital Property

The following are examples of possessions clearly designated as marital property:

• Bank accounts held in the name of both spouses
• A house or other piece of real estate with both spouses’ names on the title or deed
• Any asset acquired or debt incurred by either spouse, unless a written document at the time the asset was acquired or the debt was incurred specifies that it belongs to only one spouse

The following are examples of possessions clearly designated as non-marital property:

• Money or other assets inherited by one spouse
• Bank accounts held by one spouse since before the marriage, unless that spouse used money from those accounts to contribute financially to the household

The issue of marital and non-marital property is not always clear-cut. Something that one spouse owned before the marriage can become marital property, based on how that spouse uses the asset during the marriage. Likewise, if it can be shown that one spouse intentionally misused or destroyed some of the marital property during or in preparation for the divorce, it will have a negative impact on the share of the remaining marital property that spouse will be awarded in the divorce decree.

Contact Bundza & Rodriguez with Questions About Florida Property Division

Although basic guidelines are available online, it can be difficult for non-lawyers to tell how property should be divided. Bundza & Rodriguez, P.A. is a Daytona Beach, Florida law firm whose attorneys are skilled in property division. Contact Bundza & Rodriguez to see if your property was divided fairly in your divorce.

Factors that determine what type of alimony is awarded include the length of the marriage and the current and potential future income of each spouse. If you are trying to reach an agreement with your spouse about how to transition out of the financial partnership you shared during your marriage, keep reading to see which type of alimony seems most appropriate to your situation.

Types of Alimony in Florida

As mentioned above, Florida recognizes a variety of different types of alimony, including the following:

• Temporary Alimony – This type of alimony, paid in monthly installments, lasts only as long as the divorce case is ongoing. Once the court issues the divorce decree, the alimony payments stop.

• Bridge the Gap Alimony – Bridge the gap alimony can last no more than two years, and it begins when the divorce is finalized. Its purpose is to help the supported spouse tie up loose ends financially, such as selling the marital home. A good candidate for bridge the gap alimony is a former stay at home parent who needs to renew her professional license to return to her previous career after the divorce.

• Rehabilitative Alimony – Rehabilitative alimony requires the supporting spouse to pay for the supported spouse’s professional training in order to make the supported spouse financially self-sufficient. It requires the spouses to draft a plan indicating how long the chosen program of education will take and how much it will cost.

• Lump Sum Alimony – The supporting spouse pays the supported spouse the entire amount of alimony as a one-time payment, usually at the time the divorce is finalized.

• Durational Alimony – Durational alimony is new in Florida as of 2010. It is paid in monthly installments for a finite period of time. The duration of the alimony payments varies from one couple to another, but it cannot exceed the amount of time that the couple was married.

• Permanent Alimony – Permanent alimony is where the supporting spouse pays the supported spouse a monthly payment as long as both of them are alive. It is usually awarded only to people who were married for more than 17 years. Most recipients of permanent alimony have reached the age of retirement or will reach it soon. Judges tend only to award this type of alimony to people younger than 60 if they have a chronic medical condition or other life circumstance that would prevent them from working full time or earning a sufficient income.

Contact Bundza & Rodriguez with Questions About Florida Alimony

Do you have questions about alimony in Daytona Beach? Our skilled attorneys have significant experience in Florida family law, and we are eager to advocate aggressively on your behalf. Contact us today at Bundza & Rodriguez for professional assistance.