I’d
like to once again delve into the various aspects of divorce and family law.
Getting a divorce does not just result in the separation of you and your
spouse, but also means your assets, property, and time spent with children is
divided. However, many people confuse equitable distribution and child support,
so I wanted to take the time to devote a blog post to explain what each of them
are.
Equitable distribution is the action
where a court divides marital assets according to “statutory guidelines that
are designed to produce a fair but not necessarily equal division of the
property.” There are many reasons that it may not be necessarily equal, and
this will be determined by when the property was acquired, the financial means
of each party, and what kind of assets are being discussed.
There are many factors that courts use to determine what assets are equitable and how they should be divided between the spouses. Here are just a few of them:
- Duration of the marriage
- Age, health, and needs of each spouse
- The amount contributed by each spouse to the marital property in question
- The present and future financial needs and liabilities of each spouse
- Which spouse has primary custody of any minor children
While a court has the
ability to divide the assets between the spouses, this can also be done in a
collaborative setting to allow each spouse to compromise and find a solution
that is agreeable to both parties. Then, if the parties are unable to reach an
agreement, the issue may proceed to trial, where a Judge will divide the assets
in question.
Child support is defined under Florida
Child Support law. Child support is, “a court-ordered obligation of the
financial support for the care, maintenance, training, and education of a child.”
Florida state statutes and Florida Child Support Guidelines help determine what
amount spouses pay towards child support. The amount varies based on the parties’ income
and the number of children. You can see those guidelines here.
With certain limitations, Judges cannot
make huge adjustments to statutorily required child support payments.
Child support is meant to cover many aspects of a child’s life to ensure that they are still being provided an adequate standard of living. For example, here are some items that child support payments may be used for:
- Medical costs
- Educational expenses
- Food and clothing
- Hobbies, activities, and entertainment
Each situation will be
different, and the guidelines will be adjusted in each case. Even if it has
been determined that the children will spend equal amounts of time with each
parent, child support will still have to be calculated, though there are unique
circumstances where this may not be the case.
I
hope that this post offers helpful information and helps clear up any confusion
you may have about the many aspects of divorce. Marcie would love to meet with
you to discuss any questions or concerns that you may have. Schedule your free
consultation today!
***This
blog pose is for informational purposes only. In no way does it constitute
legal advice pertaining to family law and divorces. Should you need to discuss
your case with an attorney, please fill out our contact form to schedule your
free consultation with Marcie Baker.
Sources: https://www.floridalegaladvice.com/blog/child-support/
https://www.findlaw.com/family/divorce/equitable-distribution.html
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