Florida Divorce Lawyer Podcast | Child Custody, Alimony & Mediation in Florida

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In this episode of the Best Florida Family Law Podcast, Attorney Jonathan Jacobs discusses the complexities surrounding the termination of child support in Florida. He explains the general rules, exceptions, and unique circumstances that can affect when child support ends, including the age of the child, emancipation, and other special needs. Jacobs emphasizes the importance of understanding these factors and the potential for modifications in child support agreements. Does child support end when your child turns 18?

• Most law firms receive inquiries about child support termination.
• Child support generally ends when a child turns 18 or becomes emancipated.
• Special exceptions can extend child support beyond age 18.
• Step-down calculations help determine future child support amounts.
• Child support should be modified when financial situations change.
• The law allows for child support to continue if a child has special needs.
• Creating an end date for child support is crucial during mediation.
• Child support obligations can be complex and require legal guidance.
• Financial security for children is a priority in child support discussions.
• Understanding statutory law is essential for parents involved in child support cases.
• Step-Down Calculations Explained
• Child Support: When Does It Really End?
• "When does my child support terminate?"
• "Child support will end upon a minor child turning 18."
• "Child support may continue for several months."

Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com 

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In this episode of the Best Florida Family Law Podcast, Attorney Jonathan Jacobs discusses the concept of “sleep divorce”, a term that describes couples who choose to sleep in separate bedrooms or beds to improve their sleep quality and personal space. He explores the reasons behind this trend, including differing sleep habits, preferences, and the impact of snoring. Jacobs emphasizes that while the term “divorce” may carry negative connotations, sleep divorce can be a practical solution for many couples seeking harmony in their relationship. He also addresses the potential misunderstandings that may arise from using the term and encourages open communication about sleep arrangements.

• Sleep divorce refers to couples sleeping in separate beds or rooms.
• It can help resolve conflicts over sleep preferences and habits.
• The term 'divorce' in sleep divorce may cause misunderstandings.
• Common issues include snoring, temperature preferences, and personal space.
• Communication is key to navigating sleep arrangements in a marriage.
• Sleep divorce is not necessarily a sign of marital problems.
• It can improve overall relationship satisfaction and individual well-being.
• The stigma around sleep divorce is diminishing over time.
• Couples should feel empowered to find solutions that work for them.
• Understanding sleep divorce can lead to better conversations about intimacy.
• The Benefits of Sleeping Apart
• Exploring the Concept of Sleep Divorce
• "What is a sleep divorce?"
• "Husband in one room, wife in another room."
• "Is that an ugly phrase?"

Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com 

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In this episode of the Best Florida Family Law Podcast, Attorney Jonathan Jacobs discusses the intricacies of depositions in Florida family law, emphasizing their role as fact-finding missions and the importance of discovery in legal proceedings. He explains the rules governing depositions, the scope of discovery, and the strategic nature of questioning during depositions. The episode aims to educate listeners about the legal processes involved in family law cases while maintaining an engaging tone.

• Depositions are not commonly held in family law cases.
• Both parties are typically deposed in a case.
• Depositions serve as fact-finding missions for lawyers.
• New evidence can impact trial strategies significantly.
• The Florida Civil Rules of Procedure govern depositions.
• The scope of discovery is broad and includes relevant information.
• Questions during depositions may need to be asked multiple times.
• Depositions can lead to settlements if conducted effectively.
• Understanding the rules of procedure is crucial for legal success.
• This podcast aims to inform, not provide legal advice.
• Understanding the Role of Depositions
• The Art of Questioning in Depositions
• "Depositions are not often held."
• "It's a heart pounding exhilaration thrill ride."
• "The scope of discovery is as follows."

Chapters

00:00
Understanding Depositions in Florida Family Law

02:52
The Role of Discovery in Family Law Cases

Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com 

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This episode of the Best Florida Family Law Podcast discusses the complexities of daycare decisions in the context of Florida family law, particularly focusing on paternity cases and the implications of daycare expenses on child support calculations. Attorney Jonathan Jacobs emphasizes the importance of cooperative parenting and the need to manage daycare costs effectively to avoid additional legal disputes. Daycare may be a part of child support calculations and the parents can also be agree to pay it separately. 

• The episode focuses on daycare in relation to family law.
• Daycare decisions are often made in contested paternity cases.
• The parent with the child most often typically chooses the daycare.
• Daycare expenses can significantly impact child support calculations.
• Co-parenting can help manage daycare costs effectively.
• Daycare is a temporary expense that may not last long.
• Child support should reflect actual daycare expenses paid.
• Avoiding court disputes over daycare can save time and money.
• Working together on daycare payments can reduce conflict.
• Legal advice should be sought for specific situations.
• The Impact of Daycare on Paternity Cases
• Navigating Daycare Decisions in Family Law
• "Who gets to choose the daycare?"
• "The party that pays for daycare bears the expense."
• "Daycare does not last forever."

Chapters

00:00 Introduction to Daycare in Family Law

02:54 Paternity Cases and Daycare Decisions

05:46 Child Support and Daycare Expenses

Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com 

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In this episode, Attorney Jonathan Jacobs discusses the exhilarating experience of being in the courtroom and the importance of thorough case law research in family law. He delves into a specific case involving infidelity and its implications on equitable distribution and alimony, highlighting the legal standards in Florida's no-fault divorce system. Does adultery impact alimony in Florida? Cheating and divorce in a no fault divorce state may have surprising outcomes.

The courtroom experience is exhilarating and filled with anticipation.

• Researching case law is a crucial part of legal preparation.
• Infidelity can significantly impact divorce proceedings and asset distribution.
• Florida's legal system has unique standards for divorce cases.
• Understanding the nuances of case law can influence court outcomes.
• The concept of dissipating marital assets is critical in divorce cases.
• Permanent alimony has been abolished in Florida, changing the landscape of divorce settlements.
• The husband's use of marital assets was deemed justifiable by the court.
• No-fault divorce means no proof of wrongdoing is necessary for divorce.
• Legal advice should always be sought from a qualified attorney.
• Navigating Case Law in Family Law
• The Excitement of Courtroom Battles
• "Case law is so much fun to research."
• "The wife argued that the husband had dissipated marital assets."

Chapters

00:00
The Thrill of the Courtroom

00:34
Researching Case Law for Family Law

02:01
Case Study: Weininger vs. Weininger

03:56
Infidelity and Its Legal Implications

06:46
Understanding Florida's No-Fault Divorce Law

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Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com 

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Welcome again to the best Florida family law podcast. This is attorney Jonathan Jacobs of the Jacobs law firm. I'm so glad to be here with you today to talk about one of the top issues, one of the most important issues in all family law cases involving minor children, which parent or both will have school designation and enrollment authority. Let's make a very clear distinction. 

Having shared parental responsibility over academic decisions is not always the same thing as having school designation and enrollment authority. Academic issues such as having an IEP, having a specific plan for performance, extra time to take tests, tutoring, after school care, things of this nature relating to academics, those are academic decisions. Go to AP class, go regular classes, maybe take dual enrollment. Those are academic decisions. School designation and enrollment authority is often based upon a person's address. Where do you live? What public school district are you zoned for? Suppose in a mythical world and a hypothetical case, mom number one and dad number one live within five minutes of each other. They have a paternity case. And the court orders that mom has school designation authority and that she is the one that can decide where the minor child goes to school. Now this is based upon her current address. But then suppose mom leaves that school district. She moves 20, 30, 40, all the way up to 49 .9 miles away. Then what happens? 

If your case has school designation enrollment authority for mom number one, essentially permanently, wherever she moves, she generally will make that decision. If either or both parties move from that school district and the minor child is no longer essentially zoned for that public school district, then we may have a problem. Because if dad doesn't have the authority, then he might have to transport that minor child an hour away every day during his overnight time sharing with that minor child. Or the minor child may have to go to a school that's a private school with a scholarship if the parents can obtain one, of course. That is few and far between, but it is also possible to get enrollment at a place like a charter school. These things do happen. Life happens. Career changes happen, moves happen. All of these things are just part of daily life for almost all of us. Shifting jobs, shifting housing, different careers, different life circumstances. Let's take a different example. Dad has school designation authority after a divorce with two minor children. But what happens? Dad has to move away to another state, and now it becomes a long distance time sharing plan or relocation case. Suppose that dad now leaves the children a majority of the time with mom number two. So dad two is now out of state. Mom two now has school district authority to enroll the minor children wherever she is districted for based upon her current address. Let's choose a different example. Two parents are divorced from each other. Both parents have school designation and enrollment authority. However, neither one can agree. One parent wants a Catholic or a Christian school on scholarship. The other parent thinks that the local public school is in the minor child's best interest with a better academic program, better reading proficiency, what have you. What then happens if the two parents cannot agree? 

Well, what usually happens is an emergency hearing in July or August if you can get court time. But in a reasonable circumstances, what would happen? The kids finish school in May and then the parents confer in June. They cannot have a decision. So they schedule a hearing a month or two later. At that hearing, both parties, mom number three and dad number three, are likely to present to the court information about each one of those schools. In this podcast, I am not going to give you legal advice. I'm certainly not going to tell you how to seek to enter evidence into the court record...

Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com 

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Attorney Jonathan Jacobs of Jacobs Law Firm discusses the uniqueness of practicing family law in Lake County, Florida. We highlight the absence of a standing order in Lake County, which provides guidelines for divorce and paternity cases. Attorney Jacobs also explores the preference for in-person consultations in Lake County compared to virtual consultations in surrounding counties. Jacobs Law Firm emphasizes the importance of standing orders in providing guidance and preventing issues such as unpaid child support and changes in insurance coverage. Overall, the conversation provides insights into the differences in approaching family law in Lake County compared to other counties in Florida.

• Lake County, Florida does not have a standing order for divorce and paternity cases, unlike many surrounding counties.
• The absence of a standing order in Lake County can lead to a gray zone and may require more motions and hearings.
• People in Lake County prefer in-person consultations with their family lawyers, indicating a deeper involvement and investment in their cases.
• Standing orders can provide guidance and prevent issues such as unpaid child support and changes in insurance coverage.

Titles

• The Absence of a Standing Order in Lake County
• The Importance of Standing Orders in Family Law

Sound Bites

• "Clermont is a really unique place to practice family law."
• "Lake County has no official standing order for divorce and paternity cases."
• "Many people in Lake County want to meet with their counselors in person."

Chapters

00:00 Introduction: The Uniqueness of Practicing Family Law in Lake County

01:26 The Absence of a Standing Order in Lake County

04:22 In-Person Consultations vs. Virtual Consultations in Lake County

05:48 The Importance of Standing Orders in Family Law

Divorce Attorneys in Orlando | Divorce Attorney Clermont FL (jjlawfl.com)

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Mediation is generally mandatory in Florida family law cases, unless a motion is made to dispense with it. Mediation is required because it can help parties reach agreements on important issues such as parenting plans, alimony, equitable distribution and child support. It provides an opportunity for both sides to understand each other's perspectives and find common ground. While attendance at mediation is mandatory, participation is voluntary. Mediation is a chance to settle the case or at least gain a better understanding of the other party's position. It is important to approach mediation with a willingness to compromise and find a resolution that is in the best interest of the children involved.

• Mediation is generally mandatory in Florida family law cases, but participation is voluntary.
• Mediation provides an opportunity to reach agreements on important issues such as parenting plans and child support.
• Approaching mediation with a willingness to compromise can lead to a resolution that is in the best interest of the children involved.
• Mediation can save time, money, and emotional stress by avoiding trial.
• The Value of Mediation in Family Law
• Finding Common Ground Through Mediation

Sound Bites

• "Is mediation mandatory in Florida family law?"
• "Why is mediation a requirement in most counties before you can proceed with trial?"
• "Your attendance may be mandatory, your participation is not."

Chapters

00:00
Introduction and Overview

03:30
Mandatory Attendance at Mediation

04:28
The Benefits of Mediation

05:56
The Role of the Mediator

07:52
The Importance of Successful Mediation

08:21
Conclusion

Keywords

mediation, mandatory, Florida family law, divorce, paternity, parenting plan, child support, agreement, compromise

Divorce Attorneys in Orlando | Divorce Attorney Clermont FL (jjlawfl.com)

Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com 

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Summary

In this episode, attorney Jonathan Jacobs discusses the topic of motion for temporary relief in Florida family law. He explains that a motion asks the court to do something, such as allowing time sharing with children, enforcing child support payments, or granting attorney fees. Relief in a legal sense means asking the judge to order the other party to take some kind of action. Jacobs emphasizes the importance of filing a motion and presenting evidence in court to ensure that the judge hears the case. He also explains how a motion for temporary relief can be used in paternity cases to establish a parenting plan and guarantee time sharing with the child.

Keywords Florida family law, motion for temporary relief, court, time sharing, child support, attorney fees, relief, paternity, parenting plan

Takeaways

• A motion for temporary relief asks the court to order the other party to take some kind of action.
• Filing a motion and presenting evidence in court is crucial to ensure that the judge hears the case.
• A motion for temporary relief can be used in paternity cases to establish a parenting plan and guarantee time sharing with the child.
• Relief in a legal sense means asking the judge to order the other party to do something.
• Florida statutory law presumes that equal time sharing is in the best interest of the child in paternity cases.

Titles

• Defining Relief in a Legal Sense
• Using Motion for Temporary Relief in Paternity Cases

Sound Bites

• "Welcome everybody to the best Florida family law podcast brought to you by Jacobs law firm."
• "A motion says to the court, I want relief."
• "Relief means you have a serious legal problem."

Chapters

00:00 Introduction and Overview

00:56 What a Motion for Temporary Relief Achieves

02:22The Importance of Filing a Motion and Presenting Evidence

05:12 Using Motion for Temporary Relief in Paternity Cases

06:09 The Value of a Motion for Temporary Relief

06:36 Conclusion

Divorce Attorneys in Orlando | Divorce Attorney Clermont FL (jjlawfl.com)

Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com 

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Welcome again to the best family law podcast in Florida by Jacobs Law Firm. A quick disclaimer, nothing said here is legal advice. This is simply entertainment, informational, and referential. All right, here's a free lesson, ladies and gentlemen. A motion is not a pleading. How do I know that? Because it's written in the rules. A motion is not a pleading. There is a distinction. This is of the utmost importance in family. 

Why is it so important? A motion is asking the court to do something. A pleading is a petition, a counter -petition, an answer, a supplemental petition. There are accompanying documents, the child custody affidavit, financial affidavit, notice of social, things like this. But a motion is not a pleading. And of course, this has been well explained by just about every district court of appeal. 

Recently in 2024, a case came up upon appeal. A party asked the court for absolute majority 100 % time sharing to modify the schedule, to modify a final judgment, a timesharing plan. The trial court mistakenly gave the father in this case 100 percent time sharing with the minor child. And of course, that might be fine if there's an emergency motion due to neglect or imprisonment or something, but it's not supposed to modify a parenting plan. It's merely temporary. In this case, the entire timesharing plan was essentially modified. That can only be done through a petition. Yes, a supplemental petition, but bear with about the technicalities of the nomenclature. Only a petition, and upon a petition, can a time -sharing plan slash final judgment ordered by the court be changed. In the absence of having an open petition in which the court changes the parenting plan and final judgment, you cannot do that. There can be a temporary order, yes, but not a final order based on a motion. 

A motion asks the court to do something, but it cannot change a final judgment. Therefore, the District Court of Appeals had to come in and even though the minor child's best interest might have been giving that parent 100 % sole and exclusive child custody time sharing, the District Court of Appeals had to clarify that the trial court and no court has the authority to change an entire parenting plan based just upon a motion. There needs to be more. And what more is that? The filing of a supplemental petition for modification of final judgment and parenting plan and or child support. This is of the utmost importance to know. This is of the utmost importance for you to recognize and realize. While I cannot apply this law to your specific cases that would be giving legal advice. 

It's obvious that simply filing a motion asks the court to do something, especially on a temporary basis, but you cannot change an existing parenting plan and final judgment based only on a motion. A motion is not a pleading, only upon a pleading, such as a supplemental petition or a supplemental counter -petition, then there's relief, be given. And if you approach your case in this manner, there could be consequences. There could be a negative impact and a negative fallout. One of which is if the trial court rules properly, your case might be severely delayed. This has been the best Florida family law podcast by Jacobs Law Firm. I'm attorney Jonathan Jacobs. I'm glad you joined me for this brief lesson, and I hope you learned a little bit of information that maybe you can utilize, look up. 

Research on your own or call us about and then it will help you have a broader perspective on family law and the court's 

Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com