The debate over proposed alimony laws in Florida that would drastically change the divorce landscape is heating up before the Legislature begins the 2012 session.

Orlando Sentinel columnist Scott Maxwell analyzed the proposed Florida House and Senate bills in a mid-November article claiming the bill would benefit “…wealthy men who cheat on their wives.”

A pro-reform group called Florida Alimony Reform claims the Sunshine State’s laws are draconian and out-of-touch with modern society. According to the group’s website, “Because of [antiquated] laws and attitudes, it is common for healthy, employed women in their 30s and 40s to receive permanent alimony.”

Versions of the bill were introduced by State Sen. Miguel Diaz de la Portilla of Miami and State Rep. Ritch Workman of Brevard County, both Republicans. Maxwell pointed out in his column that Workman introduced the bill only about a week after his own divorce became final.

The proposed law would dramatically affect family law. HB 549 and SB 748 both have provisions that limit alimony’s duration as a function of the length of the marriage. “Lifetime alimony” is a sticking point among proponents of change. The new law could end alimony upon reaching retirement age and cap alimony at 20 percent of the payer’s income.

Workman admitted in Maxwell’s column that the cap would likely be removed. Some have called it unconstitutional.

The proposed law would allow people currently paying alimony to petition the court to modify their agreement based on the new law and would prohibit the use of a payer’s new spouse’s income as part of a judgment.

Workman told Maxwell the Florida proposal was inspired by and modeled after sweeping reforms passed by the Massachusetts Legislature this past summer. The highlight of the Massachusetts law is limits to the length of time alimony must be paid. But now divorced spouses in Massachusetts can have their payments ended by a judge if they move in with another partner even if they do not get remarried.

The Massachusetts law also has inspired proposed legislation in New Jersey. News outlets including ABC News and the Huffington Post are covering the trend of state alimony reform.

If the Florida bill were to pass with the provision that allows courts to look at previously decided judgments, it opens the doors for many cases to get a fresh look.

Workman told Maxwell he has already reconsidered some parts of the bill. The Florida Legislature begins its 2012 session Jan. 10.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon family law attorney, Tampa divorce lawyer, or Tampa divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.

The holidays can be a stressful time for a family in even the best years. But when a family has broken up, the tension can strip all joy from the season.

A divorce can be emotionally exhausting and can make the holiday season practically unbearable. All of this can be unfair to the children of a divorce. But there are some things to keep in mind as the holidays approach that can help calm the storm.

Here are five tips to help your children enjoy the holidays and help you survive through January.

1. Have a strategy. As much as possible, plan out where everyone will be and when so that your children will know what to expect and the other parent can plan his or her schedule as well. Be on time with planned phone calls and pick ups and drop offs.

2. Stay connected. Keep in touch with the other parent so that you are not overlapping gifts or giving the children presents that are forbidden to have. It is important to know what is going on with the children when they are not with you in order to be a good parent to them when they are with you.

3. Focus on the children. Remember that the children like parties and presents and seeing their cousins that they only get to see a couple of times a year and they should get to enjoy that. Try to surround young children with things that they know – especially if this is the first holiday since the divorce.

4. Be positive. It will hurt your ability to negotiate with the other parent if it gets back to them that you have been speaking unkindly about them. Since your family will be around the children, too, remind them to stay positive about your children’s other parent in front of the kids. It may be your dad’s instinct to make remarks about the other parent under his breath. Or it may be in your sister’s nature to want to discuss all of the details of how the marriage ended. But it is your job to tell your family that all comments about the family around the kids need to be upbeat.

5. Start some new traditions. Your children will miss the old traditions you had as a family. That is natural and you may miss them, too. But use this as an opportunity to start some new celebrations. Let your children help to design some of these new holiday rituals so that they can take some ownership of them.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon child custody attorney, Tampa divorce lawyer, or Tampa family law attorney, call 813.654.5777 or visit Brandonlawoffice.com.

In contentious divorces, it often feels like one spouse is overpowering the negotiations about child custody and the visitation schedule. That parent will make it seem like the other parent is not caring, does not have time for the child, and does not provide enough, even if these things are not true. In part, this is why it is important to have a skilled divorce attorney to represent you and what you truly do to be an active parent in your child’s life.

Family law judges consider many things when they decide on child custody matters. They want to take into account all the factors that lead to the best interests of the child. This includes:

The child’s age
The child’s current routine with school and activities
The child’s preference, particularly if they are in their teenage years
The potential emotional and social impact of the custody arrangement
Any special medical or educational needs
A parent’s lifestyle, stability, financial status, and health to provide for the child
The current child-parent relationship

Sometimes a judge will request that a guardian ad litem, custody evaluator, mental health professional, or a social worker should evaluate the parents and child to provide the family law courts with the best recommendation for the child. Once a decision has been made, this will affect the child custody and parenting agreement. It is important to get clarification regarding any parts of these documents that are unclear to you as a parent. Months and years down the road, you do not want to be accused of violating these orders because something was vague and you could not quite meet the requirements that were laid out.

Violating the child custody or visitation orders can cause you to be in contempt of court, allow the other parent to have “make up” visitation time, and can even involve the guilty parent having to pay for attorneys’ fees or face jail time. Parents are allowed to modify these agreements as the child grows and various life events necessitate a modification of the custody or parenting schedule. What is most important is to work out any future changes with your ex in a rational manner. Withholding visitation to get back at your ex hardly does any good as your child then becomes caught in the middle of the crossfire.

Brandon child custody attorney Joshua Law is with Osenton Law Offices, P.A. in Tampa Bay and as a children’s rights lawyer, he looks out for the child’s best interests in divorce cases. If you need a Brandon divorce lawyer, Brandon child custody lawyer, or Brandon family law attorney, call 813.654.5777 or visit http://www.brandonlawoffice.com/.

The holidays present a unique challenge for the children of divorced couples – especially in the first year. Using an attorney-negotiated schedule for the first holiday season of shared custody is critical.

Children have high expectations and parents inevitably have high anxiety levels. Children will need to be reminded that this is still special time with family and extended family will need to be updated on what’s going on with the custody agreement so that they can help meet children’s expectations.

It is best to stick to the attorney-negotiated holiday custody agreement as closely as possible and take notes on what worked best for you, what the child’s reactions were and how the agreement might be fine-tuned for next year.

Whether your agreement was to split the holidays up in the middle of the day or to give each parent a full day, keep track of how it worked for you and for the child so you can bring it up the next time the custody agreement is discussed. Chances are, discussions of the custody agreement in the moment will only add to the anxiety level.

For example, you can arrange for one spouse to have the children on Thanksgiving Day and for the other spouse to have custody for the weekend after Thanksgiving. If this arrangement did not work well for one child, but was fine with the others, some modifications might be in order. Or maybe you all agreed the children would spend Christmas Eve and Christmas morning with one parent, but Christmas night with the other parent, yet the children felt unsettled by being uprooted mid-day. Again, it is possible to revisit the agreements for next year. In the end, you may collectively decide to handle each holiday differently. Some will be shared while others are rotated annually.

Joint custody holiday schedules are more difficult to maintain than the regular weekly custody schedule that you have all become accustomed to, so it is important to be diligent and punctual for everybody’s sake.

The first holidays after a divorce can be a time for new traditions to start. Encouraging the children to be a part of the beginning of some new traditions will help make the new arrangement special for them.

Brandon child custody lawyer Joshua Law is with Osenton Law Offices, P.A. in Tampa Bay and is also a children’s rights lawyer. If you need a Brandon child custody attorney or Brandon family law attorney, call 813.654.5777 or visit http://www.brandonlawoffice.com/.

Individuals do not have unlimited time to decide how they will respond when a spouse serves them with divorce papers. Divorce petitions must be answered in 20 days, so you will want to consider what your fair share from the marriage is and which attorney you’ll want to represent your side of the divorce. Do not ignore the petition, as your other spouse could receive a default divorce and leave you with consequences that could diminish your rights to assets, finances, and child custody.

If you find yourself getting emotional or stuck, it helps to get the support of your family and friends to keep you from being stalled. Read every part of the petition thoroughly and be sure to fully understand what it all means. Remember that the next chapter will be all about focusing on yourself and your kids, so do what it takes to muster the courage to face the reality of what is happening and not close yourself off to your kids and their needs.

Ignoring the petition will only leave you with more heartbreak and stress. It can create a default divorce, where you could also end up having your wages garnished for child or spousal support. And chances are high that you will not receive a notice of the final hearing date either if you do not respond.

The best advice after finding the right divorce attorney to represent you is to get your finances organized and game plan together. Get the records of assets, property deeds, and any mutual businesses so that you are aware of what your share is. It is also smart to review all credit cards and bank accounts that are in both names. In the event that your spouse is prone to go on a spending spree, you will want to remove their name from key accounts or cards. Dedicating some time to analyze your true monthly bills is also helpful. Many divorces lead to an individual needing to cut spending habits and building a fund worth of six month’s reserves for any future, unexpected events that might come up.

As hard as receiving a divorce petition is, you owe it to yourself to find a skilled divorce attorney to help you through all the steps. An attorney can assist you with effective legal advice to set the foundation for a better stage of your life. In Florida, Brandon family law attorney Joshua Law counsels individuals to achieve their divorce goals. As part of Osenton Law Offices, the firm stands by its commitment to high-quality client service and the latest in technology to help secure the best outcome in every divorce case.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon family law attorney, Tampa family law attorney, or Brandon divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Tampa, Fla. – As Mother’s Day quickly approaches, Osenton Law Offices would like to say bravo to mothers who are busy raising their kids solo and keeping their family as the number one priority. As nurturers and teachers, mothers can be great role models. But sometimes the chaos of the day and back-and-forth on the parenting agreement schedule can make finances take the back burner.

As a Tampa divorce and family law attorney, Laurel A. Tesmer counsels many women who multitask wonderfully but need some guidance to avoid the financial pitfalls of divorce and the new, single life. “A mom needs to be ready for the worst case scenario – not only for herself but for the kids’ benefit,” Tesmer said. “Plan for the worst so that the divorce agreement covers your needs now and in the future.”

Many clients should discuss the financial ability to pay for the kids if one was to get sick or what would happen if they could not afford the mortgage after taking ownership of it in the divorce. “We’re not trying to make you panic, but by discussing the worst you’ll be better able to take control of the divorce negotiations,” she said.

Other big factors to consider while transitioning to single life include:
- Stick to a budget. Ask a divorce attorney for a financial advisor recommendation or make an action list to reduce expenses rationally over time.
- Sometimes keeping the home can be more of a burden. Get advice on what is better – keeping the marital home or having access to other assets that don’t require so much upkeep.
- No one gets to keep all the prized possessions. Fighting over electronics, furniture, and other items will end up costing more money and stress as the divorce drags on. Jot down a “Must Keep” list and everything else can be bargained.
- Protect assets and reassign beneficiaries. Close all joint accounts and get a copy of a free credit report to uncover any wrongdoing that an ex might have done under joint credit accounts.

“Moms can put themselves in a great position to be financially strong if they focus on these core principles,” Tesmer said. “What’s really exciting is that mothers can positively influence their kids’ feelings about money and abundance too.”

The Women’s Institute for Financial Education, also known as WIFE, encourages moms and single mothers to teach appreciation for life’s abundant blessings. “Talk openly and honestly with your kids about money,” WIFE describes in the article “Rich Mom, Poor Mom.”

“Financial matters are part of the business of life that everyone can learn about and practice with confidence. Show kids that managing money is about making plans and choices. To get what you really want and value, you often have to wait and save before you can spend.”

Osenton Law Offices, P.A. provides individuals with skilled and compassionate legal advice to guide them through the complex divorce process. Attorney Tesmer also advises on child support, division of assets, alimony and spousal support, and visitation agreements. She is a member of the Marital and Family Law Sections of the Florida Bar and the Hillsborough County Bar Association.

For more information:

http://www.brandonlawoffice.com

Osenton Law Offices, P.A.
500 Lithia Pinecrest Road
Brandon, Florida 33511
Phone: 813-654-5777
Fax: 866-941-5609

It has been a busy day at work, and after pulling into the driveway, you can see that some papers have been posted on the front door. The kids are tugging at your briefcase and you promptly pull off the papers. All you can do is rush the kids to their game room and take a deep breath to find out what the documents are all about.

Sadly, they show that you have just been served divorce papers. Many separated couples experience this big moment, sometimes as a surprise or as a long time coming. The divorce petition will show what type of divorce your soon-to-be-ex is wanting. Read the standing order very carefully as it will outline what the court expects. Be sure to keep the original document in a safe place, and make copies if you want to jot down notes.

Starting a divorce journal and calendar can also be helpful as you face the proceedings head on. Write down any questions and important notes and facts that have occurred. Also, make note on the calendar any important deadlines and what you do in the course of a week for the kids. Many summons set a deadline of 20 days to answer and an individual must file an answer in the court file prior to that deadline. Otherwise, your soon-to-be ex could file for a default in the divorce case.

Be sure that the divorce petition also has a case management order; immediately call the clerk’s office if you did not receive one to make sure a court date and any hearing notices are set.

Getting an experienced family law attorney on your side early on will dramatically help your case. Some divorces can be resolved quickly, but others can take a year or more. A divorce lawyer will be your personal advocate and assist with paperwork, the overwhelming emotions, and best plan for the next chapter of your life.

Osenton Law Offices, P.A. assist clients in a wide array of legal issues including divorce, child custody, alimony, visitation and time sharing agreements, and modifications. Their lead Brandon family lawyer, Laurel A. Tesmer, Esq., is experienced in helping individuals and families through the tough times of a divorce. Even amicable divorces involve a flurry of documents and hearings, so it takes competent legal counsel even if you are just in the initial stages of a divorce.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Osenton Law Office, P.A., has a network of affiliated attorneys practicing in other legal areas to ensure we can locate a competent attorney in nearly any area of the law for those who contact us. In addition, we have a network of other professionals, such as accountants, bankers, financial planners, mortgage brokers, and marketing specialists, who have affiliated with us to provide our clients with a complete team of professionals to completely and effectively address our clients needs, including those beyond the legal arena.