Forrest & Forrest, PLLC

Is 'Board Certification' important to your Family Court case? https://goo.gl/37FMNd #BoardCertification #divorce #FamilyLaw #Florida

Go HEAT! 🏀❤️ Zach Krantz 21 hrs · Heading into the week like......

Heading into the week like......

https://www.cnn.com/2020/09/24/entertainment/cardi-b-celebrity-divorce-plc/index.html CNN.COM Analysis: Celebrity splits are none of our business, but we still care

Calculating Florida Child Support: There’s more than just punching in numbers, Part 1 Florida has Child Support Guidelines contained in numerical tables using the combined net income of the parents and the number of children they have. It sounds like you could punch in the numbers and it would spit out the amount of support the children need. Of course, it’s not that simple. There are also subjective, unmeasurable factors that are important to the child support question because they are key to helping the court make support decisions tailored to the kids’ best interests. These additional considerations allow the court to take into account the unique needs of the children and family. Begin with the Child Support Guideline amount Florida statute says that the legislature created the guidelines because every parent has a “fundamental obligation” to financially support their children. The scheduled amount that the guidelines provide represents the presumed entire amount of support the children need from their parents. It is also the total minimum level of child support needed. Florida law requires the judge to first calculate the Guideline amount. The guideline schedule considers a spousal combined monthly net income of $800 to $10,000 and one to five children. If the combined income is greater than $10,000, a formula determines the support amount, but the judge may not order an amount lower than $10,000. The judge may designate a guideline amount that is “plus or minus” 5% of the scheduled amount from the tables if appropriate after weighing all relevant factors, including “the needs of the child or children, age, station in life, standard of living and the financial status and ability of each parent.” The court may order an amount more than 5% up or down if the guideline amount would be inappropriate or unjust and they document why in writing. To the guideline amount, the court adds childcare costs, health insurance and the child’s uncovered medical expenses. Then, the judge applies a formula to calculate how the two parents should split the responsibility for the total minimum child support need, taking into account the relative sizes of their net monthly incomes. More to come In Part 2, we will talk about… Continue reading: https://bit.ly/35zVD81 ------------------------------------------------ Forrest & Forrest, PLLC Divorce & Family Law Las Olas Centre, Suite 1090 450 E. Las Olas Boulevard Fort Lauderdale, Florida 33301 www.ForrestESQ.com 954-800-5000 #ChildSupport #FloridaChildSupportGuidelines #divorce #FamilyLaw #paternity #timesharing #visitation #custody #ChildCustody #ParentingPlan #EastLasOlas #SouthFlorida #FortLauderdaleBeach #browardcounty

My grandfather, Harry Forrest, was a real-life Army soldier. I was always and will forever be proud of the ultimate sacrifice he was willing to make for this County. He was a role model and an inspiration. 🇺🇸🧑🏻‍✈️🗽 A heartfelt Veterans Day salute of thanks to those who made the ultimate sacrifice for our Country while protecting the freedoms of our great Nation. Honoring your bravery is the least we can do! Thank you for looking out for us.

Premarital Agreement Pitfalls: Don’t Rush and Vague Florida Requirements, Part 2 In part 1 of this post, we introduced prenuptial agreements – what they are, why people use them and why Florida law is very particular about its requirements for valid antenuptial agreements between prospective spouses . Do not rush into an antenuptial agreement There are so many reasons not to hurry the prenuptial agreement negotiation and drafting process. First, while the couple is likely to have discussed the provisions they want to consider, each should have their own legal counsel to advise them separately about what their marital rights will be as well as the pros and cons of the terms they are considering. Signing without this understanding could put the person into a devastating position in the future. Rushing into a prenup could result in the agreement being unenforceable. If the spouse challenging the agreement’s validity can prove that certain conditions existed at signing, the court may find the prenup unenforceable: • Involuntary signing • Agreement was the result of fraud • Agreement resulted from duress • Spouse was coerced into agreeing to the terms • Other party was overreaching, meaning they used trickery, cheating or some other extreme behavior to get the agreement signed When marrying parties and their attorneys spending adequate time with the negotiation, drafting, review and finalizing process for a premarital agreement, these bad faith behaviors that put the validity of the agreement into question are more likely to become obvious to all involved. Disclosure of property and debt Another basis for unenforceability of a Florida prenuptial agreement in response to historical abuses of the process is when the agreement was unconscionable (extremely unfair) at the time of execution and one of the spouses did not provide to the other a “fair and reasonable disclosure” of their assets and debts. In other words, one spouse signed potentially not knowing of the wealth of the other or that the other was in serious debt. Both situations could seriously have impacted the negotiations and willingness to sign. What does fair and reasonable disclosure entail? A related issue is the generality and vagueness of the terms “fair” and “reasonable” as they relate to disclosure of property and liabilities. People could easily interpret these two terms differently in this context and that could result in an agreement being unenforceable should a court decide disclosure was unfair or unreasonable. To increase the chances of a premarital agreement being enforceable, parties to the contract should… Continue reading: https://bit.ly/3keuGdY ------------------------------------------------ Forrest & Forrest, PLLC Divorce & Family Law Las Olas Centre, Suite 1090 450 E. Las Olas Boulevard Fort Lauderdale, Florida 33301 www.ForrestESQ.com 954-800-5000 #divorce #FamilyLaw #PrenuptialAgreement #AntenuptialAgrement #fraud #duress #corecion #UndueInfluence #overreaching #FinancialDisclosure #MeetingOfTheMinds

Dr. Dre's estranged wife is looking into whether the mogul was unfaithful during their marriage ... and she's demanding to know if he fathered children with other women. Nicole Young just filed legal docs asking Dre to hand over any paperwork relating to any paternity actions he may have been involved in during their 24-year union. It's not clear there are actually any paternity suits involving Dre ... Nicole's simply requesting he hand over any paperwork if there's anything on this front. -------------------------------------------- Forrest & Forrest, PLLC Divorce & Family Law 450 East Las Olas Boulevard Las Olas Centre, Suite 1090 Fort Lauderdale, Florida www.ForrestESQ.com 954-800-5000 #Dre #divorce #FamilyLaw #paternity #NWA #PrenuptialAgreement #DrDre TMZ.COM Dr. Dre's Estranged Wife Wants to Know If He Had Kids Outside Marriage

Prenuptial Pitfalls: The Dangers of Rushing and Vague Florida Laws, Part 1 Many Floridians use premarital agreements before marriage to put into place binding contracts with their spouses-to-be that predetermine the resolution of certain future marital issues. Usually, people use premarital (also called prenuptial or antenuptial) agreements to settle money and property issues at divorce or death. The future spouses can agree to handle issues about alimony, property division and inheritance in a “prenup” in ways they prefer, even if different than how a court would settle the matters. Premarital agreements in Florida In Florida, because of our relatively high numbers of older residents, people more commonly enter second or multiple marriages within our borders. When a person remarries and has children from a previous relationship, they may have concerns that property, money or heirlooms that they want to leave to their own kids will instead go to the new spouse (and eventually to the spouse’s children through gift or inheritance). This is a common reason people use premarital agreements, but there are others. (The law does not allow a term that would negatively impact a child’s right to support, nor may alimony restrictions make a spouse destitute enough to qualify for public assistance if the couple separates or divorces.) Florida Uniform Premarital Agreement Act In 2007, Florida put into effect the Uniform Premarital Agreement Act that sets out specific state law requirements for a valid agreement. The Act grew out of historical problems with spouses abusing prenups by pressuring their spouses-to-be to sign agreements that they did not understand, that were grossly unfair to signing spouses or that were executed without the signing spouses knowing what they were giving up because their partners concealed the extent of their wealth. In addition, an engaged person all too often foisted a prenup on their future spouse right before the ceremony without giving enough time to consult an attorney or to think it over – and they were presented as a requirement of going through with the wedding. So, Florida prenuptial agreement law is… Continue reading: https://bit.ly/2HUPKIU ------------------------------------------------ Forrest & Forrest, PLLC Divorce & Family Law Las Olas Centre, Suite 1090 450 E. Las Olas Boulevard Fort Lauderdale, Florida 33301 www.ForrestESQ.com 954-800-5000 #divorce #FamilyLaw #PrenuptialAgreement #AntenuptialAgrement #alimony #EquitableDistribution

Florida was top pick for divorced men, says study’s analysis of census data 2,581 newly divorced men moved to Florida in 2019 within 12 months of their finalized separation Divorced men are likely to move to the Sunshine State, a new study suggests. An estimated 2,581 newly divorced men moved to Florida within the first 12 months of their finalized splits in 2019, according to a personal finance resource that offers credit card, personal loan and cash back comparison options. -------------------------------------------- Forrest & Forrest, PLLC Divorce & Family Law 450 East Las Olas Boulevard Las Olas Centre, Suite 1090 Fort Lauderdale, Florida www.ForrestESQ.com 954-800-5000 #FoxBusiness FOXBUSINESS.COM Florida was top pick for divorced men, says study’s analysis of census data

What’s mine is yours? Dividing rental property in Florida divorce What’s it really worth? Rental property can be a good source of income during marriage, but what happens to this asset when a couple divorces? It is frequently more complicated than you might think. Equitable division Florida law requires the equitable division of marital property. Equitable in this context means a 50-50 split unless that would be unfair under the circumstances. Often, a fair distribution does not mean drawing a line down the middle of each asset or splitting the marital estate exactly in half. The divorcing spouses often negotiate a marital settlement agreement in which they agree on how to equitably distribute their property. It is helpful during this process to understand the applicable law as well as what a judge might do. If they do not reach agreement, the judge in the divorce must divide the marital property. Marital v. separate property First, it must be determined if the rental property is marital or separate property. Separate property consists of assets that a spouse owned before marriage or that they inherited or received as gifts. This is not always clear. For example, if a spouse owned rental property before marriage, it would be separate property at divorce, unless something happened during marriage to make it all or partly marital. For example, did the parties use marital funds for repairs or mortgage payments? If so, the unit could change to partial or complete marital classification. The bottom line is that rental property classified as separate at divorce is not subject to distribution – it remains the original owner’s property. But if a rental property is partially or all marital, the marital part will be part of the marital estate subject to division. Decisions to make The parties should express their preferences concerning the rental property in the future, which will vary depending on whether it is residential or commercial. Does either of them want to operate the property as a rental? This would mean having the duties of a landlord like repair and maintenance, but also rental income. If it is residential, do either of them want to live there and convert it to nonrental property? Is there any reason to co-own it and continue to operate it together, dividing the income somehow or designating it for one of them to receive? The property’s value is likely different depending on whether it stays rentable or converts to residential. If one spouse lives there, their living expenses would have to be determined and the rental income would cease. For valuation questions, consult an appraiser or real estate broker. If it remains rental, the value of the physical property itself would need to be established along with the market rate for renting it out as a future source of income. Or, the parties could decide to just sell it and put the money into the marital estate for division. Complications Florida courts have wrestled with these issues, including: • Forgetting to factor in expenses in operating rental property • Accurately projecting future rent levels in the local market to attribute to the future owner’s income, which could affect net worth, and alimony and child support obligations • Deciding the impact of a rental arrangement in which the couple was charging rent below market value • And others It is smart to… Continue reading: https://bit.ly/3oBrB9W ------------------------------------------------ Law Office of Forrest & Forrest, PLLC Divorce & Family Law Las Olas Centre, Suite 1090 450 E. Las Olas Boulevard Fort Lauderdale, Florida 33301 www.ForrestESQ.com 954-800-5000 #EquitableDistribution #RealEstate #RealPropoerty #divorce #FamilyLaw #alimony #ChildSupport #FortLauderdale #BocaRaton #BrowardCounty #PalmBeachCounty #DivorceCourt #PrenuptialAgreement #Antenuptial #Agreement #lawyer #DovrceLawyer #BoardCertified #expert #specialist

Guardian ad litem v. social investigator When you might need them and what they do in your Florida divorce A Florida judge in a divorce proceeding can involve certain professionals to contribute their expertise to the case and to help support minor children. Today, we look at the roles of social investigators and guardians ad litem (GALs). Social investigators study each parent in light of their child’s best interests In most divorces, the parties try to negotiate a parenting plan in which they agree to matters of time-sharing, parental decision making and ways of parent-child communication. Historically, these were issues of custody and visitation. The plan must designate how the parents will handle the details of raising the children on a daily basis, including a time-sharing schedule, as well as assign responsibility (which may be joint) for medical, educational, activities and other important life decisions. If they cannot negotiate a plan or if the judge does not approve it, the court will establish one. The court has the option to order a “social investigation and study concerning all pertinent details relating to the child and each parent.” The social investigator, who may be a court employee, mental health professional, social worker or child placement professional, investigates and evaluates all aspects of the child, parents and family relevant to assessing how to best support the child’s welfare and best interests. The resulting study, which is relevant, admissible evidence in the divorce, must include the investigator’s findings of fact and their nonbinding recommendations to the judge about custody and visitation. Guardians ad litem support children’s best interests in divorce proceedings A guardian ad litem has a unique role. Florida law directs they “shall act as next friend of the child, investigator or evaluator … in the child’s best interest,” but not as an advocate or lawyer – and not as a traditional guardian. They have the “powers, privileges, and responsibilities to … advance the best interest of the child.” A judge may appoint a GAL, who must be an attorney or have a special certification, if it is in the child’s best interest, but the appointment is not discretionary if there is a solid allegation of child abuse. Either parent may request a GAL appointment. The GAL becomes a party in the divorce proceeding. The law contains a list of nonexclusive GAL powers, including: Continue reading: https://bit.ly/3iHdAGp ------------------------------------------------ Law Office of Forrest & Forrest, PLLC Divorce & Family Law Las Olas Centre, Suite 1090 450 E. Las Olas Boulevard Fort Lauderdale, Florida 33301 www.ForrestESQ.com 954-800-5000 #GAL #GuadianAdLitem #SocialInvestigation #ChildCustody #ParentingPlan #TimeSharing #visitation #mother #father #divorce #FamilyLaw

Day late and a dollar short? Can a Florida couple dispose of a marital asset middivorce? After a spouse files for divorce in Florida and while the proceedings are pending, the parties should not “intentional[ly] dissipate[e], waste, deplet[e], or [destroy] marital assets,” to quote Florida statute. Should a spouse sell or otherwise transfer or destroy marital assets before the divorce is final (or for two years before) to avoid having to split them with the other party, the judge must consider that wrongful dissipation of assets to be a relevant factor in the division of the marital estate. The court may decide that it would be fair to divide the marital property unevenly for that reason. But what if there is a need to sell a marital asset (anything obtained during the marriage by either spouse alone or jointly) while the divorce is pending? For example, what if the cash flow is not there to pay money owed on a large asset such as a real estate parcel and the parties would like to sell another marital asset to generate money to make the payments and preserve the parcel as part of the marital estate? Interim asset distribution Florida statute provides that either spouse in a pending dissolution of marriage proceeding may file a motion with the court asking for an interim partial distribution of assets (or debts). The judge may grant the motion if there is “good cause,” defined as supported by “extraordinary circumstances.” There must be a “specific factual basis” for the request along with good cause for why the court cannot wait until the final property distribution to release the asset. In deciding this motion, the judge must weigh all relevant factors, including those listed in the equitable distribution statute for consideration in the final equitable distribution of marital property. The statute requires that… Continue reading: https://bit.ly/39PRzkY ------------------------------------------------ Forrest & Forrest, PLLC Divorce & Family Law Las Olas Centre, Suite 1090 450 E. Las Olas Boulevard Fort Lauderdale, Florida 33301 www.ForrestESQ.com 954-800-5000 #dissapate #assets #during #divorce #hiding #money #family #law #FortLauderdale #florida

Part 2: Looking for a fresh start in the new year through a Florida divorce? What happens after you file a petition for dissolution of marriage? In Part 1 of this post, we explained that in Florida one spouse can start divorce proceedings by filing a petition for dissolution of marriage with the appropriate state court. The petitioner then must initiate lawful service of process of the petition and summons on the other spouse, called the respondent, giving them legal notice of the petition. Divorce in Florida is no-fault, meaning you don’t need either spouse to be at fault for the marriage falling apart. It just needs to be “irretrievably broken.” Alternatively, the court can grant a divorce based on one spouse’s incapacity. What will the court do after the petitioner properly serves the respondent? If the respondent was properly served, they can file an answer with the court within 20 days and begin the divorce process, either by negotiating or mediating a settlement or proceeding to trial on issues to which they cannot agree. If there are minor kids or if the respondent denies that the marriage is irretrievably broken, the court may order the parties to see a counselor or religious advisor, freeze the proceedings up to three months to enable reconciliation or take “such other action” in the best interests of the spouses and minor children, such as ordering the parties to mediation of their differences. If there are no minor children and the respondent agrees the marriage is irretrievably broken, Florida law provides that the court “shall” grant the divorce, if the judge agrees the marriage is broken. The court will either incorporate the parties’ settlement agreement into the divorce judgment or schedule a trial. What if the respondent does not answer the summons? If the respondent fails to answer after having been properly served, the petitioner may… Continue reading: https://bit.ly/35NtPg1 ------------------------------------------------ Forrest & Forrest, PLLC Divorce & Family Law Las Olas Centre, Suite 1090 450 E. Las Olas Boulevard Fort Lauderdale, Florida 33301 www.ForrestESQ.com 954-800-5000 #NewYear #NewMe #FreshStart #divorce #DissolutionOfMarriage #FamilyLaw #FortLauderdale #florida #lawyer #DivorceCourt #PEACE #ParentingIssues #EquitableDistribution #alimony #ChildCustody #EverythingElse