What to Know about Mediation

Many couples are choosing to attend mediation rather than seek the representation of an attorney when considering a divorce. So rather than speaking to an attorney to learn about the law, they decide to attend a mediation session, without representation; in the hopes of settling their case quickly and painlessly.

In some cases this could be a good idea, since it probably would be less costly. However, as the saying goes:” penny wise and pound foolish”. You may be successful in saving costs and attorney’s fees, but you may in turn be giving up more than you should. A signed mediation settlement agreement is a binding contract between the parties. If in fact you change your mind about the distribution of property after the agreement is signed, you will generally be “stuck” with your decision. It will not be a defense that “I didn’t have an attorney”. In addition, the mediator, although usually an attorney, is not playing the role of an attorney and therefore cannot give either party legal advice. Basically you will be on your own.

I am not suggesting that mediation is always the wrong decision. In fact parties who cannot reach a settlement on their own, even when represented by attorney’s, must attend mediation prior to a final hearing being set. So mediation can be a very successful tool, provided you know the law. If you are aware of what you are either entitled to or what you must give up, then a fair and equitable settlement can be reached. If you enter mediation without any idea of how the law is structured, you run the risk of reaching an unfair agreement.

Perhaps the most important consideration is choosing the correct mediator. Mediators are trained and licensed. I find it very important when hiring a mediator, to make sure his/her personality will be favorable for my client. Each mediator has a different style in the way they approach a case.

Mediators generally charge from $150 to $250 an hour for their time. Most mediations last at least 4 to 5 hours, although some can last a full day. Anything discussed in mediation is confidential and therefore cannot be discussed after the mediation concludes. This is to promote the exchange of settlement offers without the fear that these offers will be used against you, should the mediation not be successful. A successful Mediator will settle between 80 and 90% of their mediations. Those are obviously very good odds for success.

My best advice; go to see an attorney to learn about you rights before going blindly into a mediation. Remember, the agreement you sign can change your life forever!

Our family law firm can inform you of your rights in the process of divorce and assess the best course of action to obtain a favorable settlement in Weston, Pembroke Pines and Broward County. Contact the Law Firm of Evan H. Baron today.

Having a Child Custody Lawyer is in the Child's Best Interest

When divorce is eminent, having a child custody lawyer is really in your child's best interest. If the child is under the age of twelve, the child custody attorney will sit down with your child alone and ask them questions about how they interact with both parents. Based off of the way that the child answers, the child custody lawyer can tell the judge what he feels is his best recommendation. If the child is over the age of twelve, a judge may ask the child which parent they feel the most comfortable residing with.

A child custody attorney is there to fight for the rights of the child. This means making sure that they are placed in the home of the most supportive parent, fighting for support to help that parent raise the child financially, and help establish a parental plan that works with both parents schedules so that they will both have time with their child that is beneficial to the child, not just because it's a weekend.

A child custody lawyer is there to provide the child with an active voice in the divorce proceedings. Sadly, when two people file for divorce, they often try to use the children as leverage to hurt the other. A child custody attorney is there to make sure that the children are seen as people and not just a piece of property commonly owned by both parties. This often helps both parents to see that the child is not an object but a person so that they will be seen as such.

For more information on child custody attorneys in Weston, visit http://www.divorcebroward.com/

Pembroke Pines Divorce - Get it in Writing!

We all would like to think that people will keep their word, that a handshake or a nod of the head is enough to secure a commitment. Of course if that were true attorneys would be less in demand. The reality is that if it's not in writing, it is as if it doesn't exist. The spoken word usually cannot be proven. A simple solution to this possible dilemma is to GET IT IN WRITING.

Here is a perfect example of the many problems that could arise if an agreement is not properly preserved. A former spouse requests that her former husband allow her and the minor children to relocate out of state. He is very much an involved father and his initial reaction is to say no. His former wife convinces him that the move is in the children's best interests. After considerable thought he agrees, because he wishes the best for his children. In return he demands that he see his children a minimum of once a month and during extended vacation times from school, such as summer, winter and spring break. In addition, the cost of transportation will be equally shared. They come to a verbal agreement which is never reduced to writing and in addition is not ratified by the court. Of course as the years go by the agreement is continuously violated and as a result he has to fight for every visitation.

Of course if there had been a written agreement he could enforce it before the court. Since however there is no such document he must now seek to have a time sharing schedule determined. In addition, he is now fighting this battle in two jurisdictions, since the former wife is trying to establish jurisdiction in her new state of residence. He has had to retain counsel in two states and the battle continues. In the meantime he has not been able to see his children for months. He must now wait for both courts to issue rulings to determine where the fight will take place.

He trusted his former spouse and tried to do the right thing for his children. Unfortunately, good intentions don't always lead to favorable results. When it comes to issues of divorce in Pembroke Pines, get it in writing!


Contact the Law Office of Evan H. Baron for all issues related to Pembroke Pines divorce, including child custody, child support and alimony. Our representation ensures your rights are protected to the fullest extent of the law.

Weston Child Support & the 40% Rule

Recently a woman retained my services for a post judgment matter. She had been divorced for a number of years and was faced with an intriguing problem. Last year her former husband inquired of her as to whether he could perhaps spend more time with their minor child. She was at first hesitant, but after giving it some thought, she decided that she would not stand in the way of the “father/child relationship." She agreed and a formal Modification of their Final Judgment was filed with the court. Her former husband and child were given more time together on a weekly basis. It appeared to be a “win/win” situation for all concerned.

Within two months she was served with a surprise! Her former Husband filed another Petition for Modification, this time requesting a decrease in his child support obligation. It seems that the additional time she graciously gave to him, resulted in a visitation schedule which gave the former husband approximately 40% of the overnights each month. If the mother had consulted with an attorney before she agreed to the increased visitation she would have known that the additional time would result in a decrease in support.

Child Support in Broward is determined by the Florida Child Support Guidelines. It is based upon the income of both parents and normally does not consider the amount of time a parent spends with a child. However, if the non custodial parent spends a minimum of 40% of the overnights each month with the child/children the support is based upon time spent. This results in a reduction in support. The concept is based upon the theory that the more time a parent spends with the child/children, the more money he/she will directly spend on the child/children. This is normally a positive approach to issue of support.

For my client, however, was faced with a situation she never anticipated. By agreeing to give her former Husband additional time with their child she was now facing a rather substantial decrease of several hundred dollars a month. For a single mom this could be a financial dilemma. The law requires a mandatory reduction in support based upon the increased time sharing. It appears however that the court can adjust the amount based upon a number of factors including the economic hardship it might cause for the child.

In any event, we settled the case for an amount less than what she was previously receiving. She mentioned to me how she wished she had consulted with me before she agreed to the extra time. Hopefully, those of you who need the advice of a lawyer will keep that in mind.

If you are currently facing a potential change to your child support judgment, or have general questions about Weston child support terms, contact the Law Firm of Evan H. Baron today for a consultation in Weston, Pembroke Pines and Broward County.

What is Considered Income in Weston Child Support?

In family law cases which involve issues of child support and /or alimony determining an individual’s true income is an important issue. Both child support and alimony are based upon the earnings or income of each spouse. In determining child support the income of both mother and father are calculated and combined for a monthly amount. The Child Support Guidelines then dictate how much support is required. In determining a proper alimony award, “need and ability” are considered. It is the need of the receiving spouse vs. the ability of the paying spouse. Unlike child support, there are no alimony guidelines. Therefore an alimony award can differ from court room to court room.

In many instances determining an individual’s income is quite basic. Past income tax returns and pay stubs are generally the best source for this information. Many people however are self employed and their pay stub may not reflect the true income of that individual. Some employees earn a substantial part of their income through tips. Some people who own their own business what counts as income for divorce will often have the business pay some of their personal bills, such as a car or cell phone payment. Florida law says that these checks written to pay personal expenses are to be considered income. Florida Statutes classify these payments as “in kind payments” which reduce a person's living expenses. If for example, a husband is self employed and reports an income of $5,000 a month, but pays out $3,000 a month for personal bills; his income will be determined to be $8,000 for the month.

Overtime pay is also considered as income. I have heard many an individual attempt to convince a judge that in spite of the fact that he has received overtime pay for the past 10 years, there is no guarantee that it will still be available in the future. That argument is almost never successful. The same unsuccessful argument can be made for year end bonuses.

In addition, if one voluntarily reduces his/her income than he/she will not benefit from such actions. Income can be imputed to someone who is voluntarily either unemployed or underemployed. A court will impute the employment potential and probable earnings level of an individual based upon his/her recent work history, occupational qualifications and prevailing earnings in the community. Of course if an individual cannot work due to health reasons than such imputation would not take place.

Determining income can be as simple as reviewing a tax return or so complex that a forensic accountants services are necessary. In either case, the objective remains the same; to determine an accurate income figure so required payments of alimony or child support in Weston are properly calculated.

If you have any questions about determining income for purposes related to Weston child support or alimony, contact the divorce attorneys at the Law Firm of Evan H. Baron to schedule a consultation in Weston, Pembroke Pines and all of Broward County.

Weston Divorce Lawyer Reviews Relocation After Divorce

As a divorce lawyer in Weston, relocation cases sometimes present the most difficult situations. A relocation case exists when the Primary Residential Parent of minor children decide he/she wishes to move out of the area. This is often due to a re-marriage, a job transfer, promotion or an attempt to improve the quality of life. This doesn’t seem to be a difficult issue, but when weighing it against the rights of the non-custodial parent (the parent who exercises visitation), it should now be seen in a different light.

Often times the Primary Residential Parent has only good intentions. The Court however must decide if the true intent of the parent is to take the child away from the other parent. In any event, the Primary Residential parent does not have an absolute right to move away with the child. This often times comes as a surprise to that parent, who feels that his/her designation as the primary parent affords him/her certain rights.

The Court must weigh the benefits that such a move will have for the child/children, versus the negative impact that a separation from the visiting parent will have. It is sometimes a very difficult decision. Florida Statutes requires the Court to consider the following:

• Whether the move would be likely to improve the general quality of life for both the Residential parent and the child.

• The extent to which visitation rights have been allowed and exercised

• Whether the primary residential parent, once out of the Jurisdiction, will be likely to comply with any substitute visitation arrangements

• Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent

• Whether the cost of transportation is financially affordable by one or both parents.

• Whether the move is in the best interests of the child

As you can see, there is no simple answer to a relocation scenario. I would advise anyone who is contemplating such a move, to consult with an attorney before he/she finalizes any plans.

The Weston divorce attorneys at the Law Firm of Evan H. Baron are experienced in child relocation cases and can help clients in Weston and Broward determine if the relocation coincides with Florida Statutes.

How to Choose a Divorce Attorney in Weston

I realize that for most people choosing a divorce attorney in Weston can be quite a difficult process. This is especially true if you are seeking a divorce attorney or a lawyer to represent you in a family law matter where it may be necessary to share very private information with your attorney. In addition, most people who are seeking a family law attorney have never had the experience of having legal representation and as such this is totally foreign to them. They may not understand the attorney client relationship and what to expect? Many people come into my office with dozens of questions about the process. I see my job as someone who will educate a potential client so that when he/she makes a decision on going forward he/she will hopefully have a grasp of the situation.

I consider “word of mouth” to be one of the better ways to select any type of attorney, and especially a family law or divorce attorney. If you know someone who has been through the legal divorce process and has been represented by counsel, their recommendation should carry a great deal of weight. Of course every case is different and therefore the end result may differ as well. I often hear that a friend or relative was able to achieve a certain result and therefore they expect the same consequence. There are so many variables that affect a case that results can never be guaranteed. In fact, I suggest you carefully analyze any guarantees that are made in regards to your case.

I believe that there is no substitute for experience. No matter the profession in question experience brings confidence and reputation. These two factors should not be overlooked. It appears that lately people are using the internet to research a Weston divorce attorney. Review a divorce attorney’s website; it often will reveal much about his/her experience and the way his/her office is run. Often times you can send an E-mail directly to the attorney and inquire about certain issues. There is however, no substitute for a face to face meeting.

A person should select someone who they feel comfortable with. A client should never feel that their case doesn’t really matter to their lawyer. A divorce is one of the most traumatic experiences one can have in their life. A client should never feel that their issues are in anyway trivial.

Affordability is often the “bottom line” as to who will be hired. Attorneys in family law charge for their time. The more time a case requires, the more costly it will become. Hourly rates can differ from one attorney to the next based upon location and experience. Some divorce attorneys may be just too costly and therefore out of reach.

My suggestion, shop around. Interview several family law attorneys and when you leave their respective offices, reflect on the meeting and your comfort level. The ultimate decision may not be as difficult as you think.

Do You Need an Attorney?

These days many individuals going through a divorce handle the matter without the assistance of a Broward County divorce attorney. They feel that it is better to try and settle the matter without spending large sums of money on legal representation.

In all honesty, simple divorces can easily be handled by the parties. There is enough assistance through the courthouse or the internet to "walk you through" the process. HOWEVER, sometimes people can be as they say “penny-wise and pound foolish”.

In an effort to save money on attorneys’ fees they may wind up giving up too much or perhaps not receiving his/her share. I have often reviewed Marital Settlement Agreements which were entered into without the assistance of counsel. Often these individuals come to see me after the fact to request assistance in attempting to “get them out” of the Agreement. Unfortunately it is extremely difficult to undo what has already been done.

A Marital Settlement Agreement or a Mediation Agreement has the same legal effect as any binding contract. In addition, individuals are expected to know the law and it is not an excuse to later say "I wasn’t represented by an attorney".

Many attorneys offer free initial consultations; those that don’t usually charge a nominal fee for their time. If you have any doubts as to the law as it pertains to your situation, it would be in your best interests to consult with an attorney. However, an attorney cannot ethically represent both parties in a divorce and therefore can only advise one of the parties. Therefore initial consultations should take place without your spouse.

Lastly, if you have considerable assets, real estate or a business, or you anticipate a custody issue, you should definitely consult with an attorney to discuss these issues. A little bit of experience can go a long way.