In most divorce and post-divorce cases, the children of divorced parents spend identical amounts of time with each parent; for example, all three children of Joe and Jan Jones spend every other week with each parent. Child support is pretty easy to calculate when this is the case. But what if one of Joe and...
Husbands and wives in the military who divorce will be making decisions about what happens to the service member’s retirement pay. Under the Uniform Services Former Spouses’ Protection Act, military retirement pay is marital property that can be divided as an asset by state courts. One aspect that shouldn’t be overlooked in any agreement is...
Last September, I published a blog questioning why a relocating parent who was not the majority time-sharing parent is freely allowed to relocate without any consideration of the best interests of the child. At that time, the First District Court of Appeal had ruled that the relocation statute applied only to majority time-sharing relocating parents...
If a vocational evaluator is being used in your divorce case to determine the earning capacity of you, your spouse, or both of you, what exactly does that mean? First, keep in mind that there are three types of income considered by a vocational evaluator: (1) an individual’s current earnings, (2) their expected earnings, and...
Earning capacity of a spouse is often a key issue in divorces where child or spousal support is sought. Earning capacity generally means what a spouse can realistically be expected to earn. Sometimes the earning capacity of both spouses may need to be determined, for example, when one spouse hasn’t worked in many years and...
A vocational expert can be a valuable resource in some divorce cases. If the employability and/or earning capacity of your spouse is an important issue in your divorce, you can ask the court to order a vocational expert to evaluate your spouse and give testimony at your final hearing. A vocational expert’s evaluation of your...
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