Divorce

Divorce (dissolution of marriage) is one of the most painful challenges a family can experience. It often creates both financial and emotional stressors which can make the process more difficult on everyone involved. Payor Legal is dedicated to making the dissolution of marriage process as peaceful and civilized as possible. Many people know other couples and families that have already experienced divorce, but rarely are their experiences alike. Each dissolution of marriage is unique because it takes into account the specific aspects of your family, combined with your goals. We get to know the details of what makes your case unique so that both the attorney and client together, can tailor the best approach.

Payor Legal aims to resolve your dissolution with as little court involvement as possible. Whether the issues in a dissolution involve the division of money, property and debt, alimony, child custody & visitation, child support, or attorney’s fees, we will work to achieve an amicable resolution.

Child Custody

The most important question in any child custody case is, "what is in the best interest of the child?" In considering what is best for your child, playing a positive and active role in his or her life both during and after dissolution will make the transition more harmonious for you, and for him or her. The Florida Courts lean toward equal time-sharing between both parents (50/50) as the standard for what is best for the child. That said, the court takes in to consideration a variety of factors in order to fully determine what is in the child's best interest.

Some of the factors outlined below are from Florida Statute 61.13, that help determine what the court considers when awarding time-sharing between both parents.

How parental responsibilities will be allocated, and the extent to which third parties (such as grandparents, babysitters, or other family members) will play a role in the child’s upbringing.
The parents’ ability to place their child’s health, safety, and wellbeing ahead of their own desires.
The likelihood that each parent will make reasonable efforts to follow and implement the agreement regarding shared custody.
How long a child has lived in his/ or her current situation, and whether or not maintaining or changing it is beneficial to their well-being.
The geographic location of each parent’s residence.
Any issues such as domestic violence, criminal activity, or child abuse that would affect the parent's ability to provide and safe and loving environment for the child.
Each parent's ability to protect the child from learning about or being involved in the legal issues that surround a custody case.
The developmental stage of each child and the extent to which each parent can provide the necessary needs of that stage.
Evidence confirming how effectively each parent communicates with the other parent regarding issues and activities of the child.

Payor Legal can help sort through and weigh these issues as they pertain to your family. Not all issues will be relevant for each and every family, so making sure you are knowledgeable regarding what will affect you, your child, and your family's particular interests is extremely important. It is always best if both parents can work together to establish a time-sharing agreement that works for their family - after all, you know your family better than anyone. However, parents can often have differing opinions on what arrangements are best suited for the child. In this situation, the court will establish an agreement if the parents cannot agree.

Child Support

All parents have a legal duty to support their children. Child support laws are intended to protect the interests of the child, not of the parent. Chapter 61 of the Florida Statutes contains guidelines as to how child support should be calculated. Contrary to what many individuals think, the amount of child support is determined by law, not by agreement. Florida has created a formula that calculates the amount of money that one parent should pay the other.

Questions that factor into this calculation are:

How many overnights does the child spend with each parent?
What is each of the parents' incomes?
What contributions to health insurance or child care does each parent make?

It is important to discuss these issues with your attorney. Parents need to ensure the right amount of child support is being awarded so that each parent fulfills their obligations and duties under Florida Law.