FELDMAN & SCHNEIDERMAN, P.L.

Divorce.  Florida is a "no-fault" divorce state, meaning that there are only two requirements to obtain a divorce (a) one of the spouses must have lived in Florida for at least the six months immediately preceding the filing for divorce; and (b) the marriage must be irretrievably broken and incapable of being restored One spouse cannot prevent a divorce from occurring if the other spouse indicates that she or he is determined to obtain a divorce.

The bulk of a divorce case, thus, involves one or more of the following areas:

• CHILD SUPPORT
  Florida utilizes Uniform Child Support Guidelines, a formula for determining the amount of child support to which the children are entitled. We assist our clients in preparing Financial Affidavits and in assembling the financial information necessary to calculate child support. Such information includes, but is not limited to gross income, net income, unreported income, income in the form of non-cash contributions, costs for health insurance for the children, daycare and child care costs, private school tuition, children’s extraordinary needs and lifestyle enjoyed by the children during the marriage. We carefully scrutinize all financial data and undertake such investigations as are necessary to prevent the children from being financially short-changed.

• ALIMONY
  There are several different forms of alimony recognized in Florida, including temporary alimony, transitional alimony, rehabilitative alimony, lump sum alimony and permanent periodic alimony. We work with our clients in determining both eligibility for alimony and responsibility to pay alimony, and in determining what form or forms of alimony are most likely to be awarded by a court. The parties’ respective incomes, expenses, ages, health, education and future prospects for employment and increased salary all must be considered before any assessment concerning the likelihood of alimony can be made. We analyze the parties’ financial circumstances in advising our clients concerning alimony, and we employ forensic accountants when necessary to analyze finances, businesses and hidden income. In consultation with tax professionals, we advise our clients of the tax ramifications of alimony, child support and property distribution.

• DISTRIBUTION OF PROPERTY
  We assist out clients in obtaining a full and fair financial settlement of all property rights. We examine the value of all assets and liabilities and advise our clients concerning the allocation of such assets and liabilities, taking into account such factors as whether the asset is liquid (such as mutual funds), non-liquid (such as real estate), immediately available for distribution but with tax consequences (such as individual retirement (IRA) accounts) or not yet available for distribution (such as retirement plans). We help our clients determine what property is subject to the claim of the other spouse and what property, if any, may be exempt, in whole or in part, from the other spouse’s claims.

• PRENUPTUAL AND POSTNUPTUAL AGREEMENTS
  We have negotiated prenuptial agreements (agreements in anticipation of marriage) which establish the parties’ rights and liabilities in the event of divorce or death. Prenuptial agreements (also called “antenuptial agreements”) are often used for second marriages, in order to preserve assets for the children of a first marriage, and for marriages in which one of the parties has substantially more assets than the other. We also assist our clients in negotiating postnuptial agreements when the parties decide to separate, but remain married, or when financial changes dictate that prenuptial agreements be amended.

• CONTEMPT AND COLLECTION OF UNPAID SUPPORT
  Unfortunately, too often a former spouse does not pay the alimony or child support ordered by the Court. We represent clients in their efforts to collect what is owed, including setting hearings for contempt and to have the nonpaying spouse incarcerated for nonpayment. We assist our clients in seeking suspension of drivers’ licenses for nonpayment and in pursuing delinquent spouses who move outside the State of Florida.

• RELOCATION WITH MINOR CHILDREN
  We have represented clients who seek to relocate with their children elsewhere within the State of Florida or to move outside the State of Florida. We also have represented clients who seek to prevent such relocations. We assist our clients in litigating the various factors that a Court must consider in deciding whether to permit such relocation.

• POST-DIVORCE MODIFICATIONS
  When clients suffer adverse financial changes or when the financial circumstances of our clients’ former spouses significantly approve, we advise our clients concerning the ramifications in increasing or decreasing child support and increasing or decreasing alimony. We litigate and mediate cases based upon such new financial data.

• STEPPARENT ADOPTIONS
  We are experienced in the procedures by which a stepparent may seek to adopt his or her spouse’s children. We advise our clients of all steps necessary and, when required, assist the client in obtaining the consent of the other natural parent.

• NAME CHANGES
  So long as a name change is not sought to avoid criminal charges or to escape debts, one may change one’s name. We assist clients in the simple process of obtaining court approval for name changes so that drivers’ licenses, social security information and birth certificates can be altered legally.