Divorce •  Prenuptial & Postnuptial Agreements •  Paternity • Child Custody / Visitation •  Child Support

It is completely understandable that you have many questions when deciding to pursue a family law issue or dispute, such as divorce.  The primary thing that we at Panzer Law, P.A., would like you to know is that you can rest assured that we will not only answer your questions, we will do so with knowledge and insight. We are especially fortunate to be able to tap the resource that is Gilbert Panzer’s background in economics.  When it comes to financial disputes or resolution, ours is the firm you can trust for our expertise.  Here is a list of commonly asked questions.  If you do not see your question here, please let us know.  We are happy to provide the answer.  Thank you!

Divorce

What is a divorce?
A divorce is a legal process by which a marriage is terminated. In a divorce proceeding, the parties’ marriage is legally ended and the related issues – such as spousal and child support, child custody and visitation, and property and debt division – are resolved by either party, a mediator or a court.

Do I need an attorney?
Florida law does allow individuals to represent themselves in divorce, child support, and support enforcement proceedings, however; we strongly advise that you counsel with or hire an attorney who will protect your rights and look out for your best interest. Most divorces are contested, can be very complex and emotional. An attorney will have the resources, expertise, and negotiating skills to help you through this potentially difficult situation. Do not attempt to consult with your spouse’s attorney to receive legal advice. It is unethical for any attorney to represent both sides in a divorce and to give legal advice to both husband and wife.

How long does it take to get a divorce?
This depends on several factors. These could include the following:

• Uncontested Divorce - if a divorce is uncontested, meaning you and your spouse agree on all issues, a typical divorce could be completed in approximately one month.
• Contested Divorce - meaning you and your spouse cannot agree on all issues, then, a divorce can take up to 18 months or longer depending on the parties involved and the desire to resolve all issues.
• Property & Children - The more property you share and the presence of children can increase the complexity of a divorce proceeding if you and your spouse are disputing each of their rights.  If uncontested, a divorce can be completed in about one month or continue on until all parties meet resolution.
• Location of Filing - the location of filing can also have an impact as some courts have various time delays. You must file in the location that either you or your spouse resides.

What is the difference between a divorce and legal separation?
A divorce ends a marriage. A legal separation involves the same procedures as a divorce (property division, child support, etc.), but the separated spouses can’t marry others. A legal separation is not a legally recognized status in Florida, but is in certain other states. The same or virtually same legal effect can be created in Florida by an attorney. Often legal separation is an alternative for people who wish to avoid divorce for religious or other reasons. A legal separation can be converted into a divorce.  Spouses who reconcile after a legal separation may apply to have the separation revoked.

What is a collaborative divorce?
A collaborative divorce is an alternative divorce procedure where the clients agree not to go to court but strive to reach fair a settlement through meetings and negotiations together with their lawyers.

What is alimony?
Upon separation or a divorce, a judge may order one party to pay spousal support (alimony or separate maintenance) to their spouse. If awarded, the amount, type and duration is determined primarily by the length of marriage, the need of one party for support, the ability of the other party to pay the support, and the standard of living the parties have enjoyed together.

What is mediation? 
Mediation is a voluntary, private, and confidential process, whereby a couple meets with a neutral party who is skilled in legal matters. This mediator helps them facilitate their communication in order to access resources and negotiate agreements.

How much will a divorce cost?
Much depends on the issues of the case and the spouses involved. If both parties are reasonable and amicable, it can be manageable. If however, the issues are complex and the parties have unreasonable expectations and/or demands, then legal fees can become very costly. Sometimes the court will order your spouse to pay part of all of your fees, but such awards are unpredictable and depend on the circumstances.  Panzer Law, P.A. takes a personal approach to each case and will help clients understand their case to find the best solution to meet their personal and financial needs.

Is there help available for divorcing parents and children?
There are a variety of programs and assistance available to parents and children of divorce. Programs can be found through court-connected divorce educational programs, numerous community organizations, your children’s school, and family therapy organizations. There are also numerous books available on a variety of family related topics. If you need help, ask your attorney for assistance.

During our marriage, we have built a successful business, and / or generated substantial assets and net worth. How is the value of the property determined?
This is typically a sticking point between the spouses, and is often what causes a long, contested divorce.  While all divorce lawyers can help with divorce proceedings, most do not have the skills to accurately identify the correct valuation of a private business or a complex set of assets. Panzer Law, P.A. merges the knowledge of family law with the usage of strong economic models to accurately identify the value of a business, real estate and securities portfolios.  If you have substantial assets and are in the process of divorce, seek the guidance of a family law attorney skilled in economics to ensure your protection.

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Prenuptial & Postnuptial Agreements

What is the difference between a prenuptial and postnuptial agreements?
A prenuptial agreement is a contract made between prospective spouses that takes effect upon marriage. A typical agreement usually includes pre-determined division of assets, arrangement of alimony or other support, and/or allocation of attorney’s fees associated with the termination of marriage. An agreement must be in writing, contain full disclosure of all assets before the marriage, and be signed by both husband and wife. A postnuptial agreement is an agreement that is drafted after the marriage has taken place, but before either party separates, divorces, leaves or dies. Postnuptial agreements often contain provisions similar to those found in premarital contracts.

How long does it take to draft and sign a prenuptial agreement?
The time needed to draft and sign an agreement depends on the complexity of the couple’s finances and the amount of negotiation for the agreement.

Is a prenuptial agreement enforceable during a divorce?
A prenuptial agreement is generally enforceable in Florida. A judge will decide whether to enforce the agreement taking into account the following factors: it was signed freely, there was no fraud, agreement was not overreaching, and the parties must have known each other’s assets, either before the agreement or by disclosure before the signing.

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Paternity 

What is paternity and how do I establish paternity?
Paternity is the determination of who the legal father of a child is in order to arrange child custody and child support. In most states, the issue of paternity may be determined by the court. If paternity will be disputed, evidence to establish paternity should be included in the support application. DNA testing may be required to assist the court in determining paternity.

What if the alleged father refuses to accept paternity?
If the alleged father refuses to acknowledge paternity, the mother, her attorney, or the State Child Support Office, may bring suit to have the matter resolved. The alleged father is entitled to a hearing in court to prove if he is the father.

What if I’m not sure who the father of my child is?
Contact your local attorney or your State Child Support Office, at http://www.myflorida.com/ or call 1-800-622-5437. They will help you in identifying and locating (if necessary) the alleged father. In Florida a presumption exists that the husband is the father of the wife’s children born during the marriage.  Other presumptions also exist in Florida, but the father may present evidence to dispute any presumption if presented timely.

How is paternity testing done?
If genetic testing is ordered by your local district attorney’s office, the State Child Support Office or a court, you will be scheduled for testing in the area where you live. A sample of cells is taken from the alleged father, the mother and the child. A laboratory provides the DNA testing.

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Child Custody / Visitation

What does having custody of a child mean?
In Florida, having custody of a child means having the responsibility for taking care of the needs of a person under the age of 18.

What is the difference between physical custody and legal custody?
Physical custody means the physical care and supervision of a child. Legal custody is a legal position created by a court order which gives the custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline the child, and to provide the child with food, shelter, education and medical care.

Who is entitled to custody of a child?
Both parents are entitled to custody in Florida. It is the public policy in Florida to assure that each minor child has frequent and continuing contact with both parents and to encourage parents to share the rights and responsibilities, and joys, of child rearing. Unless the court determines that it would be detrimental to the child, the court will order that parental responsibility be shared. In making a determination about custody, the court must decide what is in the best interest of the child.

What is joint custody?
Joint custody (shared parental responsibility) is a court-ordered relationship where both parents retain the parental rights and responsibilities with respect to their child and jointly make decisions about the child’s welfare.

How do you file for a custody order? 
How you file for a custody order will depend upon the circumstances of your case. If you are married but are involved in a divorce proceeding in Florida, custody of your child/children will be determined in the divorce proceeding. If you are divorced and you want to modify the custody order that was given in your Florida divorce, you may file in the circuit court in the county in which either parent or the child reside or the circuit court in which the original order was entered. If you are not married and Florida is the home state, you may file a petition for custody of your child/children in the circuit court. If Florida is not the home state you will need to follow the procedures for filing a petition in the court of the home state.

Can I end or decrease child visitation if my spouse fails to pay child support?
You can not refuse visitation rights because a spouse failed to pay the child support ordered by the courts. You should bring the issue to the attention of the courts and file a petition asking the court to take disciplinary action. If you refuse to honor the visitation rights in the order, the court may order extra visitation to make up for the lost visitation time. In addition, the court may penalize you in other ways, including ordering you to pay the costs and attorney fees your spouse incurred to enforce the visitation rights, order you to take a parenting course, or award custody or primary residence to the spouse/ex.

Can grandparents be given visitation rights?
Yes. If the court determines that it is in the best interests of the child, the custody order may provide grandparents with visitation rights.  However, the court may not order that the child be kept within the state or jurisdiction of the court solely for the purpose of visitation by the grandparents.

Can a parent relocate their children to another state?
It depends.  A custodial parent seeking relocation must file a “petition for modification of final judgment” to adjust the visitation schedule and child support obligations. The move must be in the best interest of the children and not frustrate or be vindictive to the non-custodial parent.  The criteria used to determine the best interest of the child(ren) are often confusing and challenging.

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Child Support

What is child support?
You and your spouse each have a responsibility to support your children in accordance with their needs and your financial abilities. Support may be by direct payment or by indirect benefits, such as mortgage payments, insurance, or medical and dental expenses. The obligation to support your child normally ends when that child reaches 18 years old, marries, or becomes financially independent.

Who can receive the child support money?
The person with whom the child lives can receive the money. This may be a parent, relative, or another person who is caring for the child and paying the child’s expenses. The child has a right to receive the child support, regardless of who the child lives with.

How is the child support amount determined?
In Florida, the amount of child support is governed by the guidelines established by section 61.30 of the Florida Statutes. The dollar amount is a guideline based on the number of children and the combined income of the parents. The support obligation is then divided between the parents in direct proportion to their income and earning capacity. The parent where the child resides, known as the custodial parent, is the recipient of the established support by the non-custodial parent.

How long will it take to obtain a support order and receive child support payments?
The length of time depends on the unique circumstances of each case. If you follow the procedures defined and submit information in a timely manner, the process is relatively quick. There are factors that can delay or make the process more complex: paternity establishment, difficulty locating non-custodial parent, a party lives in another state, and even scheduling court hearings.

How is child support enforced?
Except in special circumstances, an Income Deduction Order will be entered that will require the employer of the parent paying child support to deduct the support from the paying parent’s paycheck and send it directly to a central depositor, which will keep track of the payments and forward the funds to the receiving parent.

What happens if a spouse fails to pay child support?
Failure to pay child support when it has been ordered is enforceable contempt and willful failure to pay may result in a person being jailed. A judge may also put a lien against the non-payer’s property.  If you have questions or issues, contact an attorney or the Florida Department of Revenue of the Child Support Enforcement Center at http://www.myflorida.com/ or call 1-800-622-5437.

If my child support was entered in another state, can my order be enforced through Florida?
Yes, it often can. Having a certified copy of the support order and payment history can help expedite a case. If you do not have a certified copy of the order, you will need to identify the court or agency and the county/state in which the support order was obtained and the approximate date of the order. You will thereafter need to domesticate the order in a Florida Circuit Court, using an experienced family law firm such as Panzer Law, P.A.

Can I modify an existing child support order?
If substantial changes have occurred since your support order was entered, you may request a review through an attorney or by the Department of Revenue. Modifications may be made to increase, reduce or suspend based on a judge’s review of the case. In some cases after review no adjustment will be made. The process time from request for review to modification can take up to six months which is often dependent on the number of requests received and court availability.

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Panzer Law, P.A., assists clients with family legal matters in Palm Beach County, Florida including the cities of Boca Raton, Beach, Boynton, Delray Beach, Greenacres, Hypoluxo, Jupiter, Lake Worth, Lantana, North Palm Beach, Palm Beach, Palm Springs, South Palm Beach, Wellington, and West Palm Beach.