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When approaching the issues in a family law case, we family lawyers often look to PEACE. It is an acronym that addresses the main issues in a family law matter: P-Parenting, E-Equitable distribution, A-Alimony, C-Child Support, and E-Everything else.
P – Parenting. In regard to parenting in Florida, the law can be found at Florida Statutes Chapter 61.13. The goal is to design a Parenting Plan providing for contact with both parents under an umbrella of “shared parenting.” When parties cannot agree on a Parenting Plan, there are various “tools” to try to assist in the decision making. For example, there are parenting plan assessments that can be done by psychologists which suggest a contact schedule; there are guardian ad litems who can come and interview the parties, the children and other witnesses can provide an opinion to the court; and there are parent coordinators who can sit down with the parents trying to coordinate their various issues. When there are minor children in the case, parenting is often the first place to start.
E – Equitable Distribution. Equitable distribution is the division of the assets and debts. The initial and basic principle of equitable distribution is for you to look to at all the assets and all the debts, regardless of whose name they may be in, which were accumulated from the date of the marriage until either separation, a date agreed upon by the parties, or the date of filing. A determination first needs to be made on whether each asset is marital or nonmarital. Then the approximate value of the asset or debt needs to be determined. Finally, its appropriately and equitably divided.
A – Alimony. Alimony is governed by Florida Statute Chapter 61.08. There are factors to consider whether to award alimony or maintenance which are outlined in this statute. The first step is to look at the party’s actual need for alimony and whether the other party has the ability to pay the alimony or maintenance. After considering the factors set forth in the statute, one thing to look at is classification of the marriage. For example, a short term marriage is a marriage having a duration of less than seven years. A moderate term marriage is a marriage have a duration of greater than seven years but less than 17 years, and a long term marriage is a marriage having a duration of 17 years or greater. The length of the marriage is the period of time from the date of marriage until the date of filing an action for dissolution of marriage. Some alimony possibilities include “bridge-the- gap” alimony, which may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. There is “rehabilitative alimony” which may be awarded to assist a party in establishing the capacity for self-support through either the re-development of previous skills or credentials or the acquisition of education, training or work experience necessary to develop appropriate employment skills or potentials. If there is rehabilitative alimony, there must be a specific and defined rehabilitative plan. There is also “durational alimony”. Durational alimony may be awarded when permanent periodic alimony is inappropriate. It provides a party with economic assistance for a set period of time. Finally, there is “permanent alimony”. Permanent periodic alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for the party who lacks the financial ability to meet his or her needs and necessities of life following dissolution of marriage.
C – Child Support. Child support, unlike alimony, is a set formula. You can find in the form section of my blog site an example child support guideline worksheet to assist in calculating the number. Keep in mind that if alimony is going to be awarded, that amount of money should be subtracted from the payor’s income and added to the payee before calculating child support. Also, if the parent paying the child support has 20% or more of the overnights, there is a reduction to the child support figure.
E – Everything Else. There are often other issues that don’t neatly fit into one of the above categories. For example, there could be a demand for attorneys’ fees and costs, there could be the need for sanctions, or there could be additional claims such as tort action.
When approaching a divorce, make sure to consider each one of these categories and all the many issues associated with each, which I have only touched on. The hope is to come to an amicable resolution in the end and find peace! Isn’t peace one of the goals at the completion of a divorce?