Thinking about getting a divorce? Do you have children? You need to have a custody arrangement. There are different types – sole custody, joint custody, and primary physical custody.

Sole Custody
One parent who is awarded exclusive rights surrounding the child’s well-being has sole custody. This type of custody arrangement is rare and usually occurs if the other parent is misbehaving or has issues. If this is the case, the noncustodial parent will have no responsibility over the child.

The law separates sole custody into two further arrangements: sole legal custody and sole physical custody. In the former, the parent has the right to choose the child’s schooling, religious instruction, medical care, and other matters concerning the child’s welfare, without considering the other parent’s wishes.

In sole physical custody, the child lives with one parent, who does not need to confer with the other parent about how the child is raised. The noncustodial parent, however, will be granted visitation, unless the court views visitation as not being in the best interests of the child.

Joint Custody
Both parents are actively involved in the child’s upbringing when joint custody is awarded. As in sole custody, the law divides joint custody further into joint physical custody, joint legal custody, or a combination of both. Each state follows its own laws concerning matters of joint custody.

When joint physical custody is granted, the child will move back and forth between each parent’s residence. In arrangements where both physical and legal joint custody are granted, both parents will cooperate to decide how the child will be raised, much as they would have during marriage.

The courts also commonly award the sharing of legal custody but not physical custody. Under such orders, the child will live with one parent; however, both parents are actively involved in making long-term decisions about the upbringing of the child.

Variations to joint custody are prevalent. Cases may involve shared physical custody, whereby the child alternates living between both parent’s homes, but critical decisions about the child’s welfare (such as schooling and education) are the sole responsibility of one parent.

The most common joint custody arrangements include the 2-2-3 plan and the 2-2-5 plan. Both involve spending alternate sets of days with either parent. Also common is the alternate week plan, where the child spends one week with a parent and the next week with the other.

Physical Custody

Physical custody arrangements require that the child live with the parent granted such custody. The parent with physical custody provides continual care for the child. Unless unhealthy circumstances deem otherwise, the noncustodial parent will be granted visitation rights by the courts.

Visitation rights may also be granted to grandparents if the court determines a relationship with them would be beneficial to the child. Grandparents may be awarded custody of the child in the event the biological parents are deceased or unfit to provide care for the child.

A child is more likely to adjust to changes in the family after divorce if the parents are cooperative, respectful and agree on custody arrangements. Parents who manage their emotions amidst divorce are better able to make custody agreements work for themselves and the children.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Has it been a while since your divorce? Perhaps you think that things have changed and the orders which were made from the divorce court long longer seem to be appropriate.

According to the Florida Department of Revenue, you might be able to have your divorce orders modified –

If your current support order will not end within 6 months from when you make your request.

and If your support order has not been changed or reviewed in the last 3 years.

or If you can show a large change in your life. For example. an increase or decrease in income or a change in the child’s needs such as the child becomes disabled.

– then you may be eligible for a review.

The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances. In most cases, before an order can be changed, a parent’s change in circumstances must be substantial, permanent, and involuntary.

An involuntary change, comes about through no fault of the parent, like an extended illness or employment layoff. A voluntary change is a result of the parent’s own choices. A voluntary change does not meet the standard for a support order to be changed. Examples of voluntary changes include quitting a job, being terminated for reasons within the parent’s control, taking a lower paying job, or engaging in criminal conduct that results in incarceration.

If you think you might be a candidate for modifying your divorce orders, come in for a consultation with Steve Hair.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Going through a divorce is a difficult process. You want to make sure that you pick an attorney who can make that process easier. First you should have a meeting. I think you will find that Steve Hair is extremely likeable. He is mild mannered and soft spoken when meeting with you, but extremely forceful and successful in the courtroom. He has been doing this a long time and he knows what he is doing – and the confidence of his knowledge eliminates the need for a lot of theatrics in most cases.

You should discuss your strategy. There are a lot of choices in a divorce. Do you prefer mediation or courtroom appearances? You should do your research and decide which option best aligns with your goals so you can then decide whether you want a collaborative process, mediation, or traditional litigation.

Do you want a hands off approach where the attorney runs the show, or do you want to get more involved? If you have a meeting with Steve Hair, after listening to your situation, Steve will give your advice and you can see if you are comfortable with his approach.

Be sure to ask as many questions as necessary to understand the attorney’s practice and to ensure their goals and objectives line up with your own. And, always be on the lookout for red flags such as promises that sound too good to be true (they probably are!), an impersonal feel from the attorney, and/or an attorney who demonstrates a lack of concern for your personal privacy.

Why not get the ball rolling? Call today and make an appointment with Steve Hair. Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

In order to enforce child support, you must have a child support order signed by a judge and filed with a court clerk’s office. If you don’t already have a court-approved child support order on file, you’ll need to take steps to legally establish child support.

According to the Florida Department of Revenue, once a child support order is established, the Child Support Program works with families and partners to help children receive the support they need and deserve. When there is a lack of voluntary compliance with a support order, the Program can take additional steps to achieve compliance.

The Child Support Program has a variety of methods which may be used to assist a parent in complying with their support order. This includes situations when a parent does not pay, does not reach a written agreement with the Program or if a parent contests the action being taken against them. State and federal laws apply to how and when certain methods can be used. The Child Support Program also partners with other state child support agencies when one parent lives in another state.

A written agreement is a promise a parent makes with the Child Support Program to pay their past-due support, usually through regular monthly payments. Written agreements are used when a parent who owes past-due support is unable to pay the past-due amount all at once. If a parent is not paying support as ordered, the Program may ask them to complete a written agreement. Parents can contact the Child Support Program by email, phone or web chat to request to begin the written agreement process. Written agreements can be completed on the telephone without the need to visit an office.

It is possible that the state will suspend the drivers license of the offending party for no payment. It is possible that the state will withhold funds from the offending party’s paycheck.  The state may initiate court actions to enforce payment. The state may place a lien on motor vehicles or boats owned by the offending party.

If you are having an issue collecting child support, you should call Steve Hair for an appointment. Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Everyone knows there are same sex marriages. That means there are also same sex divorces. The consequences are no less significant. There are assets involved, and sometimes children. You may need a competent attorney.

Do same sex couples get divorces as often? No. Same-sex couples are divorcing at half the rate of opposite-sex couples. According to data published by the Williams Institute at the UCLA School of Law, in 2011 the divorce rate for same-sex couples was 1.1% per year, while the divorce rate for straight couples was 2% per year.

There are some differences. For example, how long have they been married? The length of the marriage affects issues like division of assets. Since same-sex marriages have not been legal very long, the same-sex marriages are of shorter duration.

There may be tax issues. Monies received in a same-sex divorce may be taxable. Spousal support is usually a tax write off for the partner making payments and it is usually taxable to the party receiving payments. This may not be true for same-sex divorces.

Residency requirements may be an issue for same-sex marriages. Most states require some sort of residency in order to get a divorce. If you traveled to another state to get married, and never lived there, you could have some issues when getting a divorce.

Call our office for a consultation today. Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

. If possible, Pick an attorney who has had a good experience with someone you know. Look around your circle of friends and identify the ones who have had a divorce recently. Ask them if they would be willing to share there experiences with you. There is n0thing better than a referral and shared experience.

. Consider location. This process is going to go on for a while. You probably will have a lot of meetings to signings. You don’t want to have to travel to the other side of time all the time.

. Establish your conditions and then look for an attorney who meets them. Different divorce attorneys take different approaches. Some prefer mediation, while others encourage courtroom appearances. Knowing this, first decide what you want and how you would like the process to go. This will help you weed out the attorneys who aren’t going in the same direction as you. After all, it’s important to start the process on the same page!

. Do your research. There’s more than one way to end a marriage, and which route you take could significantly impact the course and duration of the processes involved in executing the divorce. As such, it will be important to thoroughly research which option best aligns with your goals so you can then decide whether you want a collaborative process, mediation, or traditional litigation.

.Weigh your options. Contrary to popular belief, you don’t have to rush the process. In fact, doing so could negatively impact the attorney you choose — and that’s something you want to avoid at all costs. Even if you like the first lawyer / law firm you meet with, we highly suggest interviewing at least three other local practices to ensure you’ve given yourself a chance at finding the best fit for you.

.Be thorough in your interviews. In our opinion, the hiring phase is one of the most important parts of the divorce process, as who you choose to represent your case can affect the ultimate outcome. Be sure to ask as many questions as necessary to understand the attorney’s practice and to ensure their goals and objectives line up with your own. And, always be on the lookout for red flags such as promises that sound too good to be true (they probably are!), an impersonal feel from the attorney, and/or an attorney who demonstrates a lack of concern for your personal privacy.

. Stay focused on what’s important and let the other stuff go. Divorce can be highly emotional, even when both parties want it. As such, it’s important to remember: “Don’t sweat the small stuff.” The right attorney can help you sift through what’s important vs. what’s not so you can make decisions that count and disregard the rest.

. Be smart about your decision. In the end, who you choose to represent you through the divorce process should embody what you consider to be most important (which is exactly what the above list is all about). You will also want to pay attention to the attorney’s location, accessibility, responsiveness, and accommodations. These type of convenience factors go a long way when you’re dealing with a process that can take months, sometimes years, to complete.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

One of the first issues to decide when contemplating a divorce is who is going to get the house. If there are children involved, many people would expect that the wife should stay in the family home. However, this may not always be the best solution. Will the wife have the financial resources after the divorce to maintain the house? Perhaps downsizing is going to be required since two households are now going to have to be maintained on the same incomes that maintained one household. There are really only three choices.

Put the House Up for Sale
If neither spouse wants to stay in the home, or neither spouse can afford to stay in the home, you might want to put it on the market to try to get the best price possible. This can be hard for families because of the moving out process – everything can feel very final and “done.” But often times it’s easier to have the money from the sale than a large asset that reminds them of their divorce.

Buyout
A house buyout is when a spouse releases hers or his interest in the house – this is in exchange for cash or the promise of cash to be paid in the future. This often happens in instances where the primary caregiver for the children want to stay in the house with the children. There are a lot of intricacies with a buyout – you’ll want to work with a negotiator that can help advise you on this if you feel it’s the best option.

Co-Ownership
Sometimes a sale nor a buyout will work for your situation. In this case it might be best to consider co-ownership for a predetermined amount of time. This will need to be clearly defined. Essentially, this will redefine your relationship with your spouse – you will now have a business relationship of “co-owners” of the property.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Some relationships are better than others, but is yours toxic?

Dr. Lillian Glass, a California-based communication and psychology expert who says she coined the term in her 1995 book Toxic People, defines a toxic relationship as “any relationship [between people who] don’t support each other, where there’s conflict and one seeks to undermine the other, where there’s competition, where there’s disrespect and a lack of cohesiveness.”

Some people are toxic, and there’s no fixing them. They may suffer from mental disorders, and they may not be aware of the trouble they cause or the reasons for doing so. Life is too short to waste years in an unhappy drama driven situation. You have to decide if the bad outweighs the good.

The most serious warning signs include any form of violence, abuse or harassment, which should be dealt with immediately. But in many cases, the indicators of a toxic relationship are much more subtle.

The first, and simplest, is persistent unhappiness. If a relationship stops bringing joy, and instead consistently makes you feel sad, angry, anxious or “resigned, like you’ve sold out,” it may be toxic. You may also find yourself envious of happy couples.

If you suspect you are in a toxic relationship. perhaps you should come in for a consultation with Steve Hair.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

One of the most painful parts of the divorce process is splitting up the family assets. You need to figure out what you are going to ask for. In order to do that, you need to understand the process. The first thing you are going to run into is that the court will establish “temporary orders” where the breadwinner will need to provide adequate funds for the family to continue to function in the same manner they are accustomed to during the process. This may provide some serious financial shock.

If there is a business involved, there is the very complicated process of placing a value on the business, so if one spouse keeps the business, the other is compensated.

Before you start you need to understand the situation. For example, family assets acquired during the marriage are usually divided equally. The non working spouse may be entitle to half of the retirement compensation due the working spouse. It is important that you have a consultation with your attorney to go over the ground rules before you begin this process.

Know Your Case
Being familiar with the facts of your case is crucial to crafting a list of reasonable demands for a divorce settlement. Some of the facts you and your attorney should know include:

Property value and the total amount of any debt you might have
Financial information about assets, including bank accounts, retirement accounts, stocks, bonds, and trusts
Your spouse’s finances, i.e. how much he/she makes monthly and where the money goes
Cost of future living expenses and inflation (including housing, child care, education, healthcare, etc.)
It is also crucial to accept that you may not get everything you ask for. When negotiating, make sure you only fight for what you truly value. One of the biggest mistakes divorcing spouses make is spending time and money arguing over insignificant matters. Instead of letting emotions control the situation, take time to make rational decisions when at the negotiation table and choose your battles wisely.

Compromise Helps
Showing your spouse you are willing to compromise on some points may encourage him or her to do the same. When spouses resist compromise to spite one another, this can result in both parties losing out on what they want from the divorce settlement and may increase the costs of your divorce by dragging the process out.

Also keep in mind that negotiating a settlement agreement (which occurs in most divorces) is what keeps you out of trial. In a trial, a judge will make all the decisions and define the terms of your divorce, including division of property, child custody, etc. To avoid having to go to court, you may also consider divorce mediation as an aid in the dispute resolution and negotiation process.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Before, during and after the divorce, there are some things about taxes to consider when making decisions. For example, consider the write off for dependents. You normally give the deduction to the custodial parent. However, if the non custodial parent is in a higher tax bracket, there are advantages to allowing the non custodial parent to take the deduction. This should be negotiated as part of the divorce settlement.

Also, consider how the taxes have been prepared in the past in determining the value of an asset. If the write offs have already been taken, the asset may not be as valuable as they appear. By the way, there are not normally tax consequences in distributing assets between marital parties in a divorce settlement.

Particularly if there are significant income and assets involved among the parties in the divorce, it is important to have a consultation with a competent attorney before negotiating a divorce settlement. Steven Hair has had many years experience in these types of determinations.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.