In the past few months, millions of people in Florida have had their jobs put on hold or terminated due to the COVID-19 pandemic and economic crisis. Even as people return to work, some businesses might fail or cut workforces, resulting in unemployment and serious financial problems for many households. Every expense can put more pressure on your ability to keep up with your bills.

In this situation, the last thing you want to be doing might be providing financial support for an ex-spouse. On the other hand, spouses receiving support might depend on those funds more than ever. People in both situations might wonder – how easy is it to modify alimony payments in Florida?

Alimony Modification Petitions

Losing your job is not justification for stopping alimony payments unless you have express permission from the court. If you simply cease your payments, the recipient can seek enforcement from the family court that issued the order. The proper action to take is to petition the court to modify your alimony payments.

Alimony is not only based on one ex-spouse’s need for support, but also on the other ex-spouse’s ability to pay. In order to have your payments modified, you must demonstrate that circumstances beyond your control have impacted your ability to pay as ordered. Such circumstances might include:

• Loss of a job
• Reduction of hours or shifts
• Having a job be put on hold
• Closing your own business temporarily or permanently
• Not being able to work due to illness
• Not being able to work due to lack of childcare

If you are experiencing any of these situations that leave you with less income than before, the judge has different options. They might reduce your payments, suspend your payments, or terminate the alimony order completely. The modification might be temporary, or it might be permanent. But in any case, a modification can significantly help in difficult financial situations. So, how quickly can you obtain a modification?

Florida Family Courts

There is no specific timeline for alimony modification rulings in Florida right now. Courts are operating remotely, so they can often move cases through the system faster than if the courtroom is full of people each day. However, family courts are likely seeing an influx of modification requests – for spousal support as well as child support or custody – so they have many cases to hear. It is best to seek help from an attorney who can file a modification petition for you right away, so you can get a decision and financial relief as soon as possible.

Contact a Tampa Alimony Attorney for Help Today

The Law Office of Mark G. Rodriguez, P.A., helps people receiving alimony and paying alimony. We can evaluate your situation and advise you of your options. We can find solutions for each individual client based on their circumstances in this uncertain time. Call 813-227-9642 or contact us online for your consultation today, so we can begin standing up for your interests.

Does a pandemic negate your time-sharing order and schedule? Can you decide to keep your child at your home all of the time instead of allowing them to go with their other parent? It is natural to have many questions in this unprecedented situation, and you should not hesitate to speak with an experienced Tampa child custody lawyer if you have concerns.

Maintaining Your Time-Sharing Schedule

First and foremost, public health orders related to COVID-19 are not intended to negate any existing child custody orders. If you and your child’s other parent are able to maintain your schedule, it is best to do so. Many parents are struggling with having children out of school, but it is important for parents sharing custody to do their best to make their regular schedule work. There might be, of course, extenuating circumstances that make this very difficult, impractical, or unsafe.

Work Schedules

If one parent is considered to be an essential worker, they might not be able to stay home and watch their child during the day. If you are scheduled to have your child when they would usually be at school, and you need to work, it can cause a childcare problem. It might be best to adjust your schedule temporarily to accommodate this temporary situation. You and the other parent should discuss the matter and, if you can agree to changes, you can implement them temporarily and return to your previous schedule when possible. Working together and cooperating is important to make child custody schedule adjustments work.

Health Risks

Some parents or children might be high-risk due to preexisting health issues, which means they should limit their contact with others as much as possible. This might mean that the child should stay with one parent only for the time being. You should still make sure that you maintain a visitation schedule with the other parent via FaceTime or similar apps. If one parent refuses to make efforts to minimize health risks to the child, speak with an attorney about a possible emergency order.

Consult with a Tampa Child Custody Attorney about Your Concerns

At the Law Office of Mark G. Rodriguez, P.A., we understand that unexpected circumstances can call your child custody schedule into question. You do not want to risk consequences by failing to abide by your order, and you should also have your child’s best interests in mind. It is best to seek assistance and advice from an experienced time-sharing attorney who can provide guidance about your options. Call 813-227-9642 or contact us online to speak with our legal team today.

Child Care Concerns

While most people in the Tampa area are staying at home most of the time, there are still essential workers who need to leave to go to work on a regular basis. With schools closed for the rest of the school year, parents will need to supervise and care for their children at home. If you are a working parent right now, childcare might be a serious issue. If one parent is not working and the other is, you might want to tweak the timesharing schedule, for now, to allow the non-working parent to watch the child each day. This can prevent additional costs or health risks of third-party childcare.

High-Risk Child

Some children are more susceptible to COVID-19 and its complications due to respiratory issues, immune deficiencies, and other pre-existing health problems. If this is the case, you want to limit your child’s exposure to outside germs as much as possible. You might decide that the child will remain quarantined in one house to reduce their risk, and the other parent might need to conduct visits via video conferencing apps for the time being.

Concerns about the Other Parent’s Compliance

While parents should continue to follow their parenting plans during the quarantine whenever possible, it takes the cooperation and compliance of both parents to keep the child and other household members safe. If you are strict with your social distancing, hygiene requirements, and sanitization of your home, it will mean very little if your child is then allowed to have playdates and see non-household members when they are with their other parent.

Parents should maintain regular communication about compliance with health orders and recommendations, and you should talk to your child about what is happening at their other home. If you believe that the other parent is putting your child at unnecessary risk, you should discuss your possible options with a Tampa child custody and timesharing lawyer. In dire situations, it might be possible to obtain an emergency timesharing order.

Contact a Tampa Family Law Attorney about Your Concerns

It is natural for parents to have concerns about timesharing during these uncertain times.  It is best to stick to your existing parenting plan when possible, though we know that complications can arise that make this impossible or risky. Never hesitate to call the Law Office of Mark G. Rodriguez, P.A., for help and guidance regarding your parenting plan. Call 813-227-9642 or contact us online for a consultation today.

Pets as Property

While you may think of yourself as a pet “parent,” the law does not consider a pet to be your child. Instead, the law considers pets to be property, just like your house or personal belongings. Florida law requires spouses to divide their marital property in an equitable manner, and each spouse gets to keep their own separate property. For this reason, it is important to determine whether your pet is marital or separate property.

Marital property is generally property that you and your spouse acquire during the marriage. This is usually the case, even if one spouse made the purchase on their own. For example, maybe one spouse wanted a dog, and the other did not. The one spouse went ahead and got the dog anyhow. However, both spouses then contributed time and money to care for the dog, so even if it was a unilateral purchase, the dog would likely be considered to be marital property.

Separate property, on the other hand, is property that each spouse brings into the marriage, with a few exceptions. If one spouse owned the dog prior to the marriage, they could argue that the dog is their separate property. If the other spouse spent years bonding with and caring for the dog, however, they might be able to argue that the dog became marital property. As you can see, this is often a difficult determination that is based on each individual set of circumstances and facts.

Dividing Property

If a pet is marital property, it becomes part of the marital estate that needs to be divided fairly. Who gets the pet depends on the totality of the circumstances, including which other property each spouse is receiving. The court can also consider which spouse might be better equipped to care for the pet, among other factors. What the court will not do is issue or enforce a shared custody order for the pet. Spouses do have the option of coming to an out-of-court agreement about sharing a pet, though it will not be part of the divorce order, and you cannot enforce it through the family court.

Contact a Tampa Divorce Attorney for Assistance Today

Who gets a pet can be a highly contentious issue in a divorce, and a Tampa divorce lawyer at the Law Office of Mark G. Rodriguez, P.A., is here to help. Contact us online or call 813-227-9642 to set up a consultation about your situation.

Three Standardized FSTs

While there are several different tests that officers have used to test for intoxication, there are three tests standardized by the National Highway Traffic Safety Administration (NHTSA). These are the most commonly used field sobriety tests in current times, and they are as follows:

Horizontal Gaze Nystagmus

The officer performs this test to check for involuntary eye movements called nystagmus. The officer should use a small object such as a pen or light and ask you to follow the object with only your eyes.

Walk and Turn

This test allows the officer to check your ability to follow directions, walk in a straight line, and keep your balance. It involves taking nine steps heel-to-toe on a line in one direction, turning, and then repeating the nine steps in the other direction.

One-Leg Stand

This FST measures your ability to pay attention, balance, and control your coordination. The officer will ask you to stand with your feet together until ordered to lift one foot six inches from the ground. While on one leg, you must count 1001, 1002, 1003, and so on. The officer will be watching whether you sway, have to use your arms to balance, put your foot down, and more.

Field Sobriety Tests and DUI Cases

If an officer believes that you “failed” your field sobriety tests, they will likely arrest you, and the prosecutor can issue charges of driving under the influence (DUI). It is important to seek help from a criminal defense lawyer who knows how to challenge FST results as reported by the officer.

Some defense strategies might include:

• You were – rightfully – nervous and it affected your performance
• The roadside conditions affected your performance
• The officer did not follow standardized protocol when administering the tests

Many people successfully challenge the results of field sobriety tests, and there might not be other evidence to prove that you were impaired beyond a reasonable doubt. This can often lead to the dismissal of your DUI charges.

Contact a Tampa Criminal Defense Attorney as Soon as Possible

The Law Office of Mark G. Rodriguez defends clients who are facing DUI charges or other criminal allegations. DUI convictions come with serious and lasting penalties in Florida, and you want to ensure you receive the best possible outcome in your case. If you have been arrested for DUI or another offense, call 813-227-9642 or contact us online as soon as possible so an experienced DUI defense lawyer can evaluate your case.

Hiding assets can result in significant repercussions if it is discovered. If your spouse successfully hides assets from you, it can deprive you of substantial funds that you deserve. You need the help of a skilled Tampa divorce lawyer who can ensure you receive a fair outcome in your case.

Discovering Hidden Assets

There are different ways that your spouse might try to hide assets or property from you in your divorce, such as:

• Transferring money to secret accounts
• Making large purchases and hiding the property
• Gifting funds to family members or giving them money to hold temporarily
• Concealing valuable possessions
• Misrepresenting the value of certain property or accounts

The discovery process is a critical part of every divorce case. Both spouses are expected to provide full disclosure regarding their assets and property, and when they fail to do so, the outcome of the case can be unfair. An experienced divorce attorney will use the discovery process to identify all assets that should be divided in your case. This can be complicated if you have high assets, a complicated financial portfolio, or if you suspect your spouse is trying to hide assets. It is important to speak to your lawyer if you think this might be an issue with your spouse.

Protecting Your Interests in Your Divorce

Trying to hide assets is risky, as the law and the courts take this conduct very seriously. If the court discovers that a spouse failed to report certain assets, the judge can order them to disclose this information. If your spouse still fails to report assets, they can be held in contempt of court. If your spouse lies under oath in a deposition or in court, it can constitute the crime of perjury.

Once all of the marital assets are discovered, the court might then award you a larger portion of them due to your spouse’s deceptive conduct. At the very least, your attorney will be able to fight for an equitable share of assets for you under the law.

Contact a Tampa Divorce Lawyer Who Can Protect Your Rights

The Law Office of Mark G. Rodriguez, P.A. represents clients in divorce cases involving complex financial situations. If you are getting divorced, you need the right legal representation, so please contact us online or call 813-227-9642 to speak with a Tampa divorce attorney.

When Custody Cases Arise

Some people might stay in a relationship for years without getting married. Susan Sarandon and Tim Robbins were together for over 20 years and had two children together and never married, while Goldie Hawn and Kurt Russell have been in a committed yet non-married relationship since 1983 and share a son. Other parents might not stay in a relationship for long – or at all – after a child’s birth. When unmarried parents decide not to live together, they must decide how they will share custody of their children.

Establishing Paternity

Mothers automatically have parental rights when they have a child, though the same is not true for fathers. Marriage to the mother will establish paternal rights, though unmarried fathers must take additional steps to gain such rights. In order to gain shared custody of a child, an unmarried father must either:

• Sign an Acknowledgment of Paternity form with the mother and file it with the State of Florida
• Seek a court order establishing paternity

Once paternity is established, an unmarried father can then take part in a custody case.

Determining Custody of Unmarried Parents

If legal paternity is clear, a custody case between unmarried parents will be almost the same as a custody case when it is part of a divorce. There are two aspects of custody in Florida:

• Time-sharing – This is the amount of time each parent will physically spend with the child
• Decision-making – This is the ability of each parent to make important decisions for the child’s life, such as for their education, religion, healthcare, and daily care

The courts must determine custody based on what is in the best interests of the child, and Florida law presumes that it is in the best interests of the child for parents to share time-sharing and decision-making authority. This is because, when it is healthy and safe for the child, the law believes it is beneficial to maintain continuing and meaningful relationships with both parents.

Unmarried parents have the opportunity to agree on a custody arrangement that the court can review and approve. However, if the parents cannot agree on a schedule and parenting plan, the court will need to make the determination of how to divide custody for them. Parents should always have legal representation for a custody case, whether it is part of a divorce or not.

Contact a Tampa Child Custody Attorney for Assistance

The Law Office of Mark G. Rodriguez, P.A., represents parents in custody cases, including establishing paternity when necessary. Your custody rights are important, and your future relationship with your children can be on the line in a custody matter. Contact us online or call 813-227-9642 to schedule an appointment to discuss your rights and options.

Robbery

Florida law defines robbery as the taking of money or property from the custody of another person by using threats or force. Robbery involves stealing something directly from the person of someone else, unlike other theft crimes. An offender may forcefully take something from another individual or may demand the individual give them something by using threats of harm. Some robbery cases involve harm caused to the victim. Robbery can be charged as follows:

• If an offender did not carry a weapon = Second-degree felony charge with a possible 15 years in prison and fines up to $10,000
• If an offender carried a deadly weapon = First-degree felony charge with a possible 30 years in prison and fines up to $10,000

Robbery can also be considered a “strike” on your criminal record in the context of Florida’s Three Strikes law.

Burglary

Burglary is most commonly associated with robbing a house, though theft does not have to occur for burglary to be charged. In Florida, the law defines burglary as entering or wrongfully remaining in a dwelling or structure without permission and with the intent to commit a crime therein. The crime committed inside the structure might be theft, but it might also be assault and battery or another offense. Depending on the circumstances, burglary might result in one of the following charges and possible penalties:

• Third-degree felony with up to five years in prison
• Second-degree felony with up to 15 years in prison
• Third-degree felony with up to 30 years in prison

Theft

“Theft” refers to the taking of property or money with the intent to wrongfully benefit from it or deprive the rightful owner of it. Many different types of crimes fall under the category of theft, including:

• Embezzlement
• Fraud
• Shoplifting
• Larceny
• Motor vehicle theft

The charges and penalties for theft offenses will depend on the value of what was stolen. For example, “petty theft” can refer to stealing something worth $100 or less, which is a second-degree misdemeanor. If the property is valued at $100 to $750, the charge can be a first-degree misdemeanor. On the other hand, property valued between $20,000 and $100,000 can lead to a second-degree felony, while stealing property over $100,000 can lead to first-degree felony charges.

Contact a Tampa Criminal Defense Lawyer for Assistance Today

The Law Office of Mark G. Rodriguez, P.A., represents clients charged with all types of theft crimes, and we work to help clients avoid harsh penalties. If you need assistance from a Tampa criminal defense attorney,  call 813-227-9642 or contact us online today.

Representative Clay Yarborough has proposed House Bill 319, called the Guide to a Healthy Marriage. The law would require Florida to create a Marriage Education Committee, which would involve six family and marriage advocates, who would be appointed by the Governor, the House Speaker, and the Senate President. This committee would design and publish the Guide to a Healthy Marriage, and the state would provide access to the Guide to couples applying for a marriage license.

Some topics that the Guide would address include the following:

• Conflict management
• Family expectations
• Communication skills
• Financial management and responsibility
• Parenting responsibilities
• Resources regarding domestic violence

This publication would supplement the existing Florida Family Law Handbook, which is provided to marrying couples.

This is the second time that this type of bill has been introduced in Florida, and the legislator supporting the bill hopes that the Guide will reduce the costs of divorce in our state. Consider the following statistics:

• In 2018 alone, 77,054 marriages in Florida ended in divorce or annulment, which is nearly 50 percent of the 156,168 marriages total
• Taxpayers in Florida pay about $1.9 billion each year toward divorce or unmarried parents
• The child welfare program costs about $181 million, and 46 percent of divorce cases involve one or more minor children

While there is an incentive for the law to support and encourage healthy marriages, divorce cases will continue to happen – even with the addition of the Guide if the law passes.

Divorce cases are complicated matters, and the law requires spouses to resolve many different issues before the family courts will dissolve a marriage. Such issues include child support, child timesharing and parental responsibilities, the division of marital property and assets, as well as spousal support. It is important for anyone considering divorce in the Tampa area to seek the representation and assistance of an experienced divorce attorney.

Contact a Tampa Family Law Attorney for Help You Can Trust

The Law Office of Mark G. Rodriguez, P.A., helps clients in Florida with many family-related issues. We are ready to help with legal matters involving your children or marriage, and you should not wait to consult with the firm directly. Call 813-227-9642 or contact us online for help and information about your options.

Most states allow spouses to obtain a legal separation, though Florida is one of the six states that does not legally recognize separation. Instead, spouses might choose to file for a limited divorce, which is different from a full divorce.

Limited Divorce vs. Full Divorce

There is one major difference between a limited divorce and a full divorce – a full divorce legally dissolves your marriage and a limited divorce does not. Even if you receive an order for a limited divorce, you are still legally married. This means you can still do the following, among other things:

• Qualify for health benefits under a spouse’s employer-based policies
• Inherit under a spouse’s will
• File taxes or bankruptcy as a married couple
• Have access to a spouse in a healthcare setting

In addition, if you have a limited divorce, you may not get married to anyone else. If you tried to marry another person, not only would the marriage be invalid and void, but you could also face felony charges for bigamy under Florida law. If remarriage is a priority for you in the near future, a limited divorce would not be appropriate.

Why Seek a Limited Divorce?

If a limited divorce does not end your marriage, why would you take the time to seek one from the court? When you decide to live in separate residences, there are still issues you need to work out, even if you are still married. Primarily, you need to decide how you will split time and responsibilities when it comes to your children.

As part of a limited divorce, the court can issue a custody order dictating how you and your spouse will share time with your children. The limited divorce order can also include support orders if needed. This can help you and your spouse manage the separation in a more structured way, which can be better for you and your children.

If you decide to seek a full divorce, you can incorporate the terms of your limited divorce into that order or come up with new terms. If you decide to get back together, you can simply withdraw the limited divorce order and proceed with your married life.

Contact a Tampa Family Law Attorney for More Information

The Law Office of Mark G. Rodriguez, P.A., helps clients explore their options when it comes to separation and divorce. We can evaluate your situation and represent you throughout the legal process. Call 813-227-9642 or contact us online to speak with a divorce lawyer in Tampa today.