Most of the t
ime, these threats are used to scare the other party or use it as a manipulation tactic to get what they want out of a divorce. Some may honestly believe these threats, which is why we’re going to unpack these for you.
Threat 1:
“Well, this is all I’m giving you for child support!”
Well, that’s not how it works. We often hear this from clients who are scared and feel helpless when their spouse tells them that the other person is in control and that they’ll only give them a certain amount to raise their child(ren).
So, the good news…or bad news (depending on which side of the table you’re on) is that in Florida, here’s how it ACTUALLY works. (Feel free to send this article along to anyone who needs to see how child support is calculated here in Florida.)
While there are many other details calculated on a case-by-case basis, the Florida Department of Revenue bases child support calculations generally on three things.
- The income of both parents
- Time-sharing for both parents
- Monthly child care payments, monthly health insurance payments for the child(ren), and monthly payments for uncovered mediation expenses for the child(ren)
Once each person fills out a financial affidavit and you have a general proposed time-sharing schedule, the calculations can begin regarding child support, alimony, and other payments that may need to be made.
Threat 2:
“I’m going to quit my job so you won’t get anything.”
No, that’s not how that works either. If you voluntarily quit your job, guess what? The income you once received will be imputed, and child support calculations will be based on your prior income. (Circumstances may differ, and an adjusted income may need to be imputed if it’s been quite a few years from your last employment.)
On the other hand, INVOLUNTARY loss of a job is different, and we would need to discuss that in a case-by-case situation. Please reach out to us for more information.
Threat 3:
“I’ll empty our bank account, and you won’t get a dime!”
Again, that’s not how it works. This is considered a disposition of assets. Certain counties, like Orange and Osceola County, even have Administrative Orders that go into effect once a Petition is filed that prohibits either party from disposing of any assets, whether marital or non-marital, and neither party can dispose of any asset other than “in the customary conduct of business and personal affairs.”
Threat 4:
“You’re never going to see your children again.”
This threat is a painful one. Using the love for your children to potentially gain the upper hand in an argument in the divorce process hurts. But know and understand that in Florida, in determining a time-sharing schedule and parental responsibility in a case, the child’s best interests (ren) is the primary consideration. In determining the best interest of the child(ren), a court will need to evaluate a list of favors affecting the welfare and interest of your child(ren), including, but not limited to “The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship…” and “the demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child…”.
So, you see, in the combined 25 years of experience in family law that we have, we’ve heard it all. And though the threats can come and go, we hope you found this information helpful to ease your heart and mind. But should you need assistance to navigate through this most trying time, please reach out to us at 407-757-2883. #HereForYou
