Law Office of Karen C. Ozyjowski, P.A.

Should you fight for the house in your Florida divorce?

2024-07-18T04:49:44Z

Divorce is one of the most disruptive life experiences, surpassed only by the death of a loved one. It is understandable that amid an acrimonious split with your spouse, you might not be thinking as pragmatically as you should be. Other than determining the custody arrangements for the children, one of the biggest decisions to make concerns the future of the family home. Namely, should you fight to keep the house in your divorce?

Many factors to consider

It is understandable why spouses often spar over who gets to remain in the former family home. When minor children are involved, it allows for more stability and continuity in an inherently unstable period of their lives. But that doesn’t mean it’s the wisest choice to fight tooth and nail to hold on to the house. Here are a few aspects you should weigh before making any decisions:

Can you afford to keep it? Remember that you will be living on a single income going forward and that spousal and child support typically end at some future point. There are also taxes, HOA dues and other expenses that add up fast.
Can you manage the upkeep alone? If your spouse did all the yard work and home repairs and you aren’t able to do these tasks yourself, you will wind up shelling out money to professionals, which can also be pricey.
Is it laden with memories of your marriage? Remaining in the home you shared with your spouse can prolong your grief over the ending of your marriage if you are reminded of your ex around every corner of the home.

Alternatively, there can be tax consequences associated with the sale of the property that you should address with your financial adviser to ensure that the choices you make reflect your best interests.

Is a divorce better or worse for the children?

2024-06-28T06:06:47Z

Some parents struggle with the idea of divorce. They know that they are unhappy in their personal marital relationship. They would like to end that relationship. But they are concerned about the impact a divorce is going to have on their children. For instance, there are those who think that a divorce is always a negative event and claim that they will stay together for the kids. They view this as a personal sacrifice, putting the children first even if they have to give up their own happiness.

Divorce may be better

If you find yourself in this position, it’s important to remember that every relationship is unique. Divorce is not always worse for the children, nor is it always better. It really depends on the specific situation that the children are in. Overall, some researchers suggest that parents should just consider conflict levels. If children are living in a home where they are exposed to high levels of stress, conflict and arguing, then divorce may actually be better for them. It will give them a better home life if they can be removed from this environment. Additionally, the major negative side of a divorce – for children – is often that they aren’t as involved with both parents. So two parents who are focused on staying involved with their kids, even after a divorce, can provide for a healthy and happy upbringing.

Setting up the custody plan

If you are getting divorced and you want to put your children first, you need the right custody plan. Consider your legal options carefully as you move forward.

Are police officers always honest?

2024-06-14T05:58:18Z

If a police officer begins to ask you questions, you know that they are expecting honest answers. Maybe they’re interrogating you because they believe you were involved in a crime. They want you to explain yourself so that they can determine who is responsible for that criminal activity. An assumption that people sometimes make is that the police officers, likewise, are being honest. But this isn’t always true. In fact, police officers often use deception as a form of manipulation when interrogating suspects, especially when they are relatively young suspects.

How would this happen?

Exactly how it occurs depends on the specifics of the case, but it may involve officers inventing information. For example, a police officer could say something like “Hey, we already have video footage of you at the scene of the crime, so you might as well admit what you did and you can just go home. If you lie to us, things will be much worse.” But the reality is that the police do not have video footage from the scene. The officer is just hoping that the suspect will admit to the crime if they believe that it’s on video. Additionally, the officer may be lying about the fact that the suspect will get to go home. A common tactic with young offenders is to tell them that they’ll get out of the situation by admitting their guilt. This could manipulate them into giving a false confession because all they are thinking about is how they can get home to their parents.

Your legal options

These deceptive tactics by police officers are just one of the reasons why it’s so important to understand all of your legal options if you are facing criminal charges.

What can you do if your ex refuses to follow the divorce decree?

2024-06-03T06:14:54Z

After a divorce, adhering to the terms of the divorce decree is not just a moral obligation but a legal one. Most people comply, but some choose to disregard court orders. When this happens, it can prolong the pain of divorce, making it hard to focus on a fresh new future. Guidance on how to move forward and resolve non-compliance can help you move ahead with your new life.

Understanding the decree

A divorce decree outlines the rights and responsibilities of each party post-divorce. Non-compliance can include failure to pay alimony, child support or not adhering to custody arrangements. If you find yourself in this predicament, here are some steps to take:

Ensure a violation occurred by reviewing the decree.
Try to resolve the issue by communicating with your spouse.
Protect your rights by seeking a legal opinion about your situation.

If reasoning fails, you can file a motion for contempt in the court that issued your divorce decree. The court will then notify your ex-spouse and schedule a hearing.

Possible outcomes

If the court agrees that your ex is violating the terms of your divorce orders, it will select a means of enforcement. Examples include:

Setting a compliance deadline for your ex.
Ordering your ex to pay fines until they cooperate.
In extreme cases, the court can order a jail term for non-compliance.

Enforcing a divorce decree can be painful, stirring up half-buried emotions and creating new ones. But the law is on your side, and mechanisms exist to uphold the terms of your divorce. A divorce representative can guide you through this process and help to ensure no missteps.

Factors considered when determining the best interests of the child

2024-05-20T06:51:56Z

Child custody cases can be contentious and difficult to navigate. In some situations, parents are amicable and on the same page in terms of raising their child. In other instances, parents and the family court may have different ideas about what is in the best interests of the child. Ultimately, when parents cannot agree, it falls on the court to make this determination. What factors do the court consider when determining the best interests of the child?

The age of the child

Children of different ages have different needs. For example, an infant requires a lot of hands-on care. In cases concerning infants, the courts will carefully examine who has been the primary caregiver so far in the child’s life.

Whether or not the child has any special requirements

Some children have physical and mental health conditions that mean they require special types of care on a daily basis. For example, the child may require medications that one parent is more familiar with. Or, the child may need to attend a school that meets their educational requirements, so moving the child to a new home may not be ideal.

The safety of the child

The safety and well-being of the child is paramount in custody cases. If there are any credible allegations of abuse, then this will be factored into the court’s ruling. For instance, the court can order supervised visitation or even withdraw parental rights in extreme cases. There is no one-size-fits-all approach to deciding what is in the best interests of the child, as every situation is unique. However, safety and stability are two primary factors. Seeking legal guidance during a custody case will help ensure that the needs of your child are met.

What if you can’t pay child support because you’ve lost your job?

2024-05-07T04:38:08Z

Losing a job, no matter what the circumstances, can be a devastating experience. This may be particularly true if you’re paying child support. One of your first concerns may be how you’re going to come up with the next payment – or maybe the next few. Judges typically understand that people’s employment and income are likely to change over the years a child is growing up – for better or worse. That’s why it’s crucial to notify the court as soon as possible if you’re unable to fulfill your support obligations as detailed in your family’s child support order. A judge can approve a temporary modification that takes into account your current financial situation.

Do you really have to go to court?

Even if your ex is understanding and agrees to accept less or let you skip a few payments, that’s not enough. Child support is for the child’s well-being. Only a judge can legally approve a change. Further, even if your ex is initially okay with it, they could change their mind at any point – or someone in their family could -- and report you for not complying with the order. That situation can result in serious consequences – potentially including jail time. When you request a temporary modification from the court, be prepared to provide evidence of your full financial picture. A judge will want to know that you don’t have other sources of income or assets that be used while you’re unemployed to pay your normal amount of child support. They’ll also want to see evidence that you did indeed lose your job and didn’t simply quit with no other work lined up. While the temporary modification is in place, you may need to provide evidence that you’re seriously looking for another job and that you’re collecting unemployment and any other benefits or severance you may be entitled to receive. It’s crucial to understand that your inability to pay child support has no effect on your parenting rights. Your ex can’t withhold time with your child or cut you out of decisions you have a right to be part of. Support and custody are both for the child’s benefit. One isn’t a quid pro quo for the other. Even parents who withhold child support they’re able to pay don’t lose access to their child on that basis. It's best to get legal guidance before you ask the court for a temporary support modification or even notify your ex. This can help you protect your rights and also help ensure that you get the temporary reprieve you need.

Tips for making transition days easier

2024-04-29T07:19:32Z

Parents who are divorced have to think about the days when the children will transition from one parent’s house to the other parent’s. These transition days can often be a source of stress for children because of the emotions involved.

Taking the time to plan ahead for transition days can help to reduce the stress on everyone. Remember that what works for some people may not work for others, so this must be tailored to your circumstances.

Prepare the children

Older children might be able to remember transition days or keep track of them using a digital calendar. You may have to help younger children remember when they will be with which parent. Some children prefer a countdown style but others may want to just be told the day prior.

Limit packing

Ideally, both parents will have clothes, toiletries and similar essentials at their own home. The children can then focus on only having to pack things like sports gear, school items or things they want to bring with them. This can reduce their stress considerably since they don’t have to completely pack up for every transition day.

Communicate peacefully

Transition days are already stressful enough, but parents arguing can make it even more difficult. Instead of putting kids through contentious conversations, save those for a time when they aren’t around.

Working out the terms of the parenting agreement, including transition days, is one of the most beneficial things you can do to help your children. This provides the backbone of the relationship you’ll have with your ex while you raise the children.

3 challenges to a breath test

2024-04-10T07:59:31Z

For non-commercial drivers who are over 21 years old, the legal limit is a blood alcohol concentration (BAC) of 0.08%. This limit applies to the vast majority of drivers, and it’s the reason that police officers give out breath tests. If they get a reading that shows that someone is at or above 0.08%, that provides evidence for them to use when seeking a conviction on drunk driving charges. But it does not guarantee that conviction. There are a few different challenges to breath test results that may be used.

The test was not calibrated or maintained

The breath test needs to go through routine calibration and maintenance to ensure that it works properly. The officer may have neglected to do so, meaning that the results of the test can’t be trusted. Even a small discrepancy could be a very big deal, such as the difference between 0.07%, and 0.08%.

The officer lacked training

It’s also important to note that not everyone knows how to use a breath test device properly. Officers need to be trained. If someone was never trained or given proper instructions, it may be unclear if they used the device or analyzed the results correctly.

Something else triggered the test

In some cases, other substances may trigger the test. One common example is mouthwash, which can sometimes contain alcohol. Another example is if someone burps during a breath test, which can artificially inflate the results. These are just a few examples of how you can challenge your breath test. If you’re facing criminal charges, be sure you understand your legal options.

Considerations if you’re divorcing while parenting a tween

2024-03-29T10:32:59Z

Divorcing while parenting a tween is a unique experience. Tweens, who are between 9 and 12, are at a crucial developmental stage where they’re navigating the complexities of pre-adolescence. They are forming their identities and craving independence. However, they still require guidance and support. A divorce can significantly impact this delicate balance, affecting their emotional and psychological well-being. Understanding and addressing the specific needs of your tween during this transition can help mitigate negative impacts. It can foster a positive environment for their growth and adjustment now and moving forward.

Communication, stability and input

Maintaining open lines of communication right now is important. Tweens are capable of understanding more complex situations than younger children, but they also may be more sensitive to conflict. Explain the divorce in age-appropriate terms, focusing on the changes that will directly affect them. You may have to reassure them of your love and support repeatedly, and that’s okay. Tweens thrive on stability and routine, which can be disrupted by a divorce. Strive to maintain consistency in daily routines, schooling and extracurricular activities when possible. Coordinating with your co-parent to keep routines as stable as possible across both households can be beneficial, again, when possible and appropriate. Additionally, you’ll want to keep in mind that allowing your tween some involvement in decisions that affect them can help them feel valued and heard. Whether they’re concerned about parenting time schedules or living arrangements, giving them a voice (within reason and without burdening them with adult decisions) can ease the transition and build trust. Finally, recognizing and validating your tween’s emotions is also particularly important right now. They might experience a range of feelings, from anger to sadness, and may not always express these emotions constructively. Encourage open expression. Navigating divorce is never easy, and it isn’t easy on kids, regardless of their age or insistence that they’re “fine.” By keeping your child’s developmental needs can help you be there for them as effectively as possible both now and into the future.

What you should know about co-parenting with a toxic ex

2024-03-18T07:17:08Z

You finally managed to break free from a toxic marriage, but your ex-spouse is still a significant part of your life due to your shared children. Co-parenting with a toxic ex-spouse is not an easy journey, and it requires a great deal of patience. When co-parenting with a toxic ex, there are some things you need to know to minimize conflict and stress for yourself and your children alike.

It is important to set boundaries

Your toxic ex may try to push your boundaries, manipulate situations, or engage in behaviors that are harmful to you and your children. Setting clear and firm boundaries is essential in maintaining your emotional well-being and protecting your children from unnecessary stress. This might involve limiting communication to essential matters only, establishing rules for exchanges and visitations and enforcing consequences if boundaries are violated.

You can always seek support

Getting support is not weakness, and it can be invaluable when co-parenting with a toxic ex-spouse. Whether it's from friends, family, a therapist or a support group, having a network of people who understand your situation and can offer guidance and empathy can make a significant difference. These individuals can provide emotional support, help you manage difficult situations, offer practical advice and serve as a sounding board for your concerns and frustrations.

The children come first

Whatever interactions or conflicts you may have with your toxic ex-spouse, it's crucial to prioritize your children's well-being above all else. This means refraining from speaking negatively about their other parent in front of them, encouraging a positive relationship between your children and their other parent (as long as it's safe) and focusing on creating a stable and loving environment for them. Dealing with your toxic ex is never going to be a walk in the park, but knowing when to seek support and guidance can make all the difference in how you deal with the challenges of co-parenting.