Best Child Custody Lawyers in Saint Petersburg, FL

Florida is a "no fault" state which basically means that, in order to obtain a divorce, you must allege that the marriage is "irretrievably broken". You do not need to allege and prove a basis for a divorce such as adultery, cruelty, or abandonment. The fact that you have a significant other does not, in and of itself, mean you will lose custody (timesharing). If, at some point, you decide to introduce this person to the Children, then your Husband would be within his right to know of this person, to ask for a background check, and to perhaps meet him. The Courts will expect the parents to have an open line of communication in this regard. This is all a part of what is called "shared parental responsibility". Your Husband should not confuse this with a right to object to who you decide to date but he is within his right to know. So, no you do not automatically lose custody of your children simply for dating and having a romantic relationship with a significant other.

The Court may award you an unequal distribution of the marital home if you prove that maintaining the Home is "economically feasible". At a minimum, you would need to prove that the mortgage(s) is comparable to local rental rates for similar properties of like size and that the fixed household expenses (including the mortgage) is affordable. In this regard, the Court will also inquire of the parties' respective economic circumstances. For instance, your Husband may argue that he is in great need of his share of the equity out of the Home in order to establish himself in another residence. Assuming the Home is the most significant asset of the parties and further assuming you are not able to re-finance to buy your Husband out of his share, then the Court may order the sale of the Home. Notwithstanding, the Court will consider the best interests of the child(ren) in rendering this decision such as a consideration of whether this is the Home in which the children have lived for some time; the particular school district; etc.

An attorney cannot advise you to not abide by a court order. The short answer to your question is, yes, you have to continue to pay your alimony obligation until further order of the Court. Although you have no present income, you can be found in "willful" contempt if you have some ability to pay the alimony out of savings and/ or the liquidation of assets. In the interim, you would need to keep a diligent job search journal of where you are applying for employment, the position being applied for, and the rate of pay and benefits available. If you are not able to find comparable employment after a diligent job search and take a job making $60,000.00 gross annual, your former wife may believe you have used less than diligent effort to find comparable employment. In order to "impute" income to you at a higher rate than $60,000.00, your former wife would have to prove that you are "voluntarily" under-employed and that, given your recent work history, qualifications, and the local job market, jobs are available to you earning more than $60,000.00 gross annual. If you lost your job due to your position becoming obsolete or to downsizing, then this may be considered "involuntary" in which event the Court may modify your alimony obligation (downward) given you are making about 50% less than what you were previously earning at the time of the Final Judgment.

You cannot unilaterally reduce your alimony obligation. In order to modify an alimony or child support obligation, you would have to file a supplemental proceeding and prove that a substantial change(s) in circumstance has arisen warranting a downward (or upward) modification. A substantial change in circumstance is defined as one which is involuntary, material, permanent, and unanticipated. If you have performed a "diligent" job search of at least one application or interview per day and have been unable to find comparable employment, and assuming the job you took at $84,000.00 is the best job you can find as far as salary and benefits, then I would opine that you have shown "permanency" (lost earning capacity). Further, a reduction in income of around $60,000.00 per year is a material change in your earning capacity. Your position was no longer necessary as a result of two lost contracts by your Employer. This does not sound as if you "voluntarily" lost your job, such as a resignation. Under the circumstances, you would have a case for a downward modification of your alimony obligation.

The Court will evaluate a variety of factors to determine if the best interests of the children are served by the relocation to NY. Given that you both co-parent well, then your ex may not be able to argue that you have frustrated her relationship with the children and that you would continue to do so if permitted to relocate. This is a positive. Let's assume you have some credible evidence that the school in which the children would attend in NY is better than the school they are currently attending. This, too, is a positive. Even if you have family in NY, if your children have an existing bonded relationship with both sets of families in Florida, you may have a difficult time convincing a Judge that taking the children away from their home and families is in their best interests. If you can show that the $20,000.00 is an actual increase in salary not negated by COLA and that you have career advancement opportunities with large increases in salary, that your children have a bonded relationship with your NY family, and that alternative timesharing arrangements can be made and are economically feasible, then you have a better argument for proving that the relocation is in the children's best interests.