FAQ's

Florida law provides that all income sources can be considered for child support, and the statute sets forth particular categories of earnings that may be considered. It will include things like your salary, bonuses, commissions, and overtime payments. It can also include perks such as a company car, or company payments or stipends for your personal car. These payments can be considered income because these payments may reduce your living expenses. Generally, when we are looking at income for support purposes, we’re talking about regularly recurring sources of income. If you get a one-time bonus, such as a signing bonus with a new company, and you don’t expect to receive that signing bonus every year, that should not be included in income. But regular annual bonuses, stock options, or interest on investments can all be considered income.

The best interest of the children drives child custody decisions. A child’s best interests may not necessarily change with the party’s financial position. Other aspects might be factored in, though, like a party’s work schedule. Suppose one parent is a high-level executive and must frequently travel for work. In that case, that will impact the child custody arrangement because it’s hard to have timesharing with a child if you’re not physically present to exercise timesharing with the child. The high-net-worth individual may have higher child support expenses, because a party’s income is one of the factors that is included in the child support calculation. A high-net-worth parent may be requested or ordered to pay additional costs such as private school tuition, extracurricular activities, or a higher percentage of uncovered medical fees, tuition expenses, and other expenses for the benefit of the children.

The parties to a high net worth divorce case are free to reach an agreement on all or part of their case outside of court. In almost every case, the parties are required to attend mediation, a process where the mediator is a neutral third party who assists the parties in negotiating an agreement to resolve their case outside of court. Each party’s lawyer attends mediation with the client and will advise the client on the law and the pros and cons of the other party’s proposals. The parties can reach an agreement on all issues or only some issues, and the agreement can be a temporary agreement or a final agreement. If the parties reach an agreement, the agreement is written and signed by both parties. Courts enforce the agreements between the parties, especially as those agreements relate to the division of property or the amount and length of alimony. For agreements related to child custody or timesharing and child support, the court will enforce the agreement as long as the court is satisfied that it’s in the children’s best interest. In that case, the court will allow the parties to make the necessary arrangements that best suit their family, their children, and their lives.

A tort is a civil wrong. It doesn’t carry criminal penalties, but it may carry financial or other penalties for wrongful conduct. Torts include conduct such as battery or even something like transmitting a sexually transmitted disease to a sexual partner or a spouse. It can also include the intentional infliction of emotional distress or tortuous interference with child custody rights.

Damages in a tort case are usually financial in nature. However, there may also be some form of injunctive relief available. For example, if your spouse injured you or transmitted a sexually transmitted disease to you, you may be entitled to financial compensation based on your injuries or illness. You may also be entitled to different types of injunctive relief. It’s important to discuss the specifics with your attorney. Your conversations with your attorney will be privileged, but we must get some specific details of the nature of these wrongs to advise you properly.

Possible defenses may include that the conduct was accidental and not intentional, or that the conduct did not result in damage to the other party. For example, if your spouse bumped into you and bruised your arm, you may not have the kind of damages that are compensable under Florida law.

It is important to understand what your rights and obligations are. One of the goals in hiring an attorney is to have an experienced practitioner evaluate the facts of your case to help identify whether you have additional claims or defenses. For more information on High Net Worth Divorce in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 546-7280 today.