If you implement these 10 tips, you’ll surely make child custody issues easier for your child:

• Do not use your child as a messenger; always communicate directly with your child’s other parent, but keep children in the loop on a need to know basis.  This shields your children from divorce related communications, but keeps them feeling a part of the family and somewhat in control.  If you absolutely cannot communication effectively with your ex, your family law attorney can represent your interests on your behalf.

• Unless you suspect abuse, never withhold your child from his or her other parent to punish your ex.  You’d actually be punishing your child and creating unnecessary upset.  Instead, let your family law attorney handle any breakdowns in child support payments or communications.

• Do not speak negatively about your child’s other parent in front of your child, ever.  Your child is connected and a part of both you and your ex.  To criticize your child’s parent is to criticize your child; remember, and apply, the court standard that every action you take should be in “the best interests of your child.”

• Do your best to communicate to your child that you, your ex, and your children are still a family, but in a different form.  Emphasize that you both love your child and that all of your child’s will be met; further, emphasize that the divorce is not your child’s fault.  Counseling and support groups will likely help your children deal with the pain of divorce and separation from his or her other parent.

• Get good legal advice so that your child receives the medical benefits and financial support that he or she deserves.  Discuss your rights regarding child support, as either the custodial or non-custodial parent, with a qualified family law attorney.  Do not discuss these financial issues with your child.  It’s too scary and damaging.

• Use a service such as Our Family Wizard to coordinate schedules and foster communication, as well keep track of child support payments and expenses with your ex.  Your child can also have access to certain aspects such as the family schedule.

Grandparents, your family law attorneys, the court, and other professionals can also be kept in the loop with this service.

Where to Get Help Making Child Custody Issue Easier for Your Child

If you or a loved one is going through a separation or divorce, or expects to go through a separation or divorce, consult with a qualified family law attorney.

We focus our practice on child custody, divorce, and family law and you can reach us at (904) 346-3883 or by email at info@dorseylawjax.com. Our office is located in Jacksonville, Florida; your next step is to contact our office for a consultation.

2 Main Child Support Tax Issue

There are 2 main support federal income tax issues regarding child support:

1. Taxability and deductibility of child support payments
2. Claiming the child as a dependent and getting the child tax credit

Child Support Payments:  Taxability and Deductibility

Child support payments are neutral to the IRS, meaning that the payer does not receive a deduction and the payee does not need to pay taxes.  You do not need to reference any child support payments on your IRS Form 1040.

Distinction Between Child Support and Alimony

For tax matters, it’s very important that your divorce and custody agreements distinguish between child support and alimony.  Why?

There can be a huge difference in the amount of federal income taxes you are required to pay.

Child support is not taxable and not tax deductible.

Alimony is taxable and is tax deductible.  Alimony is taxable to the recipient and tax deductible to the payer.

Be sure you fully understand the income tax consequences of any child support, marital, or alimony settlement agreement before you sign.

Which Parent Claims Child as a Dependent and Gets Child Tax Credit?

Being able to claim a child (or children) as a dependent can provide significant deductions and child tax credits on your federal income tax return.

• The general rule is that you must provide 50% or more of a child’s support to claim the child on your income tax return.

• Often, a legal agreement is created dictating how the child is to be claimed on tax returns.  The IRS allows such an agreement if you follow their rules.

For example, some parents may split the deductions.

• If there is one child, each parent takes the applicable deduction and child tax credit every other year.

• If there is more than one child, the deductions and credits can be split between the parents.

• The IRS Form 8332, signed by the custodial parent, must be attached to the noncustodial parent’s income tax return to allocate the deduction and child tax credit to him or her.

• If legally separated or divorced, both parents cannot claim the same child as a dependent.  In other words, the same child cannot be claimed more than once on an income tax return.

Where to Get Help with Child Custody Questions in Florida

Our Jacksonville law and child custody lawyers understand how to help you in both divorce and child custody matters.  We are happy to answer your child custody questions such as the one we’ve discussed in this article, “How does child support affect my taxes?”

Contact William Dorsey Today

35 years ago, Hubbard House opened its doors of their very first shelter. They were a leader in the woman’s movement and in developing services focused on gender violence. Since then, Hubbard House has grown to offer services not only for women, but also for children and men affected by domestic violence. They have remained a leader in the field and have received both state and national recognition for their efforts.

Hubbard House mission is “Every Relationship Violence-Free”.

They focus on accomplishing three main objectives:

• Safety for victims and their children
• Empower victims
• Social change through education and advocacy

They also reach out to the community to educate youth and professionals in related fields to raise awareness in Duval and Baker counties. The staff and volunteers at Hubbard House serve on numerous committees and task forces that aim to change the community response to domestic violence.

Hubbard House services include:

• Emergency Shelter
• Outreach Center
• Children’s Services
• Batterers’ Intervention
• Training & Education and more

You can learn more about them on the Hubbard House Services page.

There are many ways you can support Hubbard House, from donating slightly used goods, your time, services or money. If you’d like to learn about how you can get involved, find more information on the Hubbard House “How to Help” page.

Hubbard House also has fund raising and awareness raising events throughout the year. Get more information to walk or get involved with the next Hubbard House event – their 3rd Annual Setting the Pace for Peace Domestic Violence Awareness Walk on March 31st.

TO CONTACT the Hubbard House Hotline, over the phone, 24-hours a day, Call 904-354-3114

(IF YOU ARE IN DANGER – PLEASE CALL 911.)

You can Connect and Share Hubbard House information on Twitter and on Facebook.

*This information has been provided by the organization itself, and is not an endorsement or constitute legal advice by the Dorsey Law Firm.

As Jacksonville family law attorneys, we find that our clients often believe a pervasive myth regarding children’s age and choosing which parent they want to live with.

 Have you fallen prey to this myth?

MYTH:  At age 12 and older, children can determine which parent they wish to live with, during a contested Florida custody case.

TRUTH:  Only at age 18 can an individual choose where or with whom he or she lives.

Weighing the Child’s Wishes

While the Florida courts do consider the child’s wishes, they are absolutely not determinative.  The courts weigh many factors as required by law and the child’s expressed wishes are only one factor out of several.

However:

• The older and more mature the child, the more the courts weigh the child’s wishes.

• The more “reasonable” the child’s wishes, the more weight they have.

2 Tests the Florida Courts Uses when Awarding Custody

1.    Best Interests of the Child

You’ve likely heard this phrase before:

The court considers “the best interests of the child,” when determining which parent the child lives with in a contested custody case.

“Best interests” means what the courts think it means, but the court does consider the following:

The established lifestyle of each parents, including, but not limited to

• The child’s exposure to second hand smoke.
• The parent’s work schedule and availability.
• The willingness of the parent to allow child to communicate with other parent.
• The parent’s living situation.

The established lifestyle of the child.

• The health (mental and physical) of each parent and the child.

• The age and gender of the child.

• Whether there is any history of child abuse.

• The established relationship with the child.

• The ability to nurture the child and provide guidance.

• The ability to provide for emotional and physical needs of the child.

• The quality of schools available.

• The child’s living situation preference.

If these factors make it clear which parent should be awarded custody, the court makes its decision accordingly.

2.    Stability for the Child

If the above analysis doesn’t yield a clear answer, the courts use a  “stability” consideration; and, the test is:

Which parent will provide the most stable environment?

• When determining the most stable environment for young children, the preference is for custody to remain with the primary caretaker.

• When determining the most stable environment for older children, the preference is for custody to be granted to the parent who can maintain the child’s established lifestyle (home, school, religious, and community factors.)

A Terminology Note:  Timesharing (no More “Custody”)

While we use the term, “custody,” in this article because our clients do; however, Florida no longer uses the term “primary custody” anymore.  The terms “majority timesharing” and “parental responsibility” are used instead.  We point this out so that you better understand the current family law terminology and how it applies to your life.

Get Help with Child Custody in Florida

Each month we will be hi-lighting a local non profit, organization or business. We hope you enjoy getting to know a little bit more about these gems and feel free to share the information with your network. We’d also like to know of your suggestions of organizations you see doing good in our community.

There are tons of non-profit organizations in Jacksonville. One that we see very active in the community, creating events as well as spreading awareness and education is The Juvenile Diabetes Research Foundation (JDRF) North Florida.

The Juvenile Diabetes Research Foundation (JDRF) North Florida

The JDRF goal is “to ensure that scientists have the continued funding they need in order to progress research to a cure for type 1 diabetes and its complications, and to ensure that every newly diagnosed child / family living with type 1 has the resources they need to live a healthy, happy and controlled lifestyle.” They strive to reach their goals as well as build a supportive community in North Florida through a variety of programs and events.

Walk to Cure Diabetes

The 2012 Walk to Cure Diabetes on March 24 will be at the Jacksonville Fairgrounds. This year’s Walk theme is “The Greatest Walk on Earth”. Check out the  Family Team Resources or  Corporate Team Resources to learn how to get started, to fundraise for your team and to find more information on their t-shirt contest.

The Walk is designed to raise money for the JDRF as the mission of the Foundation to find a cure for type 1 diabetes and its complications through the support of research. There are so many ways to get involved. You can join a team and walk, you can create a team, sponsor the event with your business or just donate to a team. Find out more info at the JDRF Walk homepage.

Kids School Program

The Kids School Program brings parents, educators and students together to rally the support of area schools through their own Kids to Cure Diabetes program.

The program empowers and demonstrates to students that even as children, they can have an impact on others lives. A few of the options are for schools to conduct a school mini-walk, hold Mini-Fundraisers, or sell Paper Sneakers.

If you’d like to get your school involved in their Kids to Cure Diabetes program, please contact JDRF’s North Florida Chapter (904) 739-2101 email northflorida@jdrf.org

Volunteers

Volunteers are always needed and welcomed. Tasks are varied, but all are important as each task performed by a volunteer frees up staff time so they can do the important stuff like write grants, organize an event, write a letter to a donor or speak with a parent of a newly-diagnosed child. JDRF North Florida volunteers can help in the office or at events. If you’d like to learn more or get involved, call (904) 739-2101 or email northflorida@jdrf.org

You can keep up with JDRF by connecting on Twitter @JDRFNorthFlorida and on Facebook.

*This information has been provided by the organization itself, and is not an endorsement or constitute legal advice by the Dorsey Law Firm.

Dorsey Law Firm

Make A Scene Downtown, MASD

Make A Scene Downtown, also known as MASD, is the City of Jacksonville’s office of Special Events. They focus on producing musical events, fireworks displays, parades and educational events of all sorts. One great thing is that a lot of these are low- or no-cost. Each year Jacksonville residents from kids to seniors, businesses and non-profits are involved in and benefit from MASD events. You may already be familiar with Starry Nights, Jacksonville Jazz Festival, World of Nations Celebration, Jacksonville Sea & Sky Spectacular, Florida-Georgia Football Classic, & many Metropolitan Park events just to name a few.

Make A Scene Downtown does put on fun events, but they also give Jacksonville an opportunity to participate. There are several ways you can get involved with MASD. You can become a volunteer at an event, sponsor an event through your business or become an intern.

Volunteering

Volunteering is great because you get a chance to be a part of something the whole city comes together for. Tasks range from working an an information booth, greeting people at entry areas, checking in people at VIP sections and even setting up. If you’d like to learn about these or other opportunities, email Brenda at brendah@coj.net or call 904-630-1306.

Get your business involved

If you’d like to get your business involved, there are sponsorship opportunities. There are various levels available. You may find an event that brings your target audience together all in one place, making it a valuable opportunity to have your business represented. If you’d like to learn more, contact their sponsorship coordinator Julie by email jlyons@coj.net or call (904) 630-3469.

Become a MASD Intern

For those of you more interested in planning upcoming events and are talented and enthusiastic, consider joining the MASD team as an intern. Interns looking for experience or course credit in Public Relations, Marketing, Event Management and Logistics should call (904) 630-3690 or email events@coj.net for more information.

To keep up with MASD events, check out their calendar of events.  You can also follow them on Facebook, Twitter, Flikr, Foursquare and Youtube.

Make sure to check out their upcoming Spring events now at www.makeascenedowntown.com

*This information has been provided by the organization itself, and is not an endorsement or constitute legal advice by the Dorsey Law Firm.

As divorce attorneys, we understand that you want to know long your divorce will take.  We get that question all of the time; after all, you likely want to get through the pain and frustration and get your life back on track as quickly as possible.

Unfortunately, in general, it’s tough to give a specific answer because all cases, issues and people are different.  However, we’ll try.

How Long Does Divorce Take?  The Bottom Line

The bottom line on the time frame of divorce depends 100% on the two individuals, the courts, and the attorneys.

• If there is a lot of fighting, anger, and asset settlement issues, a divorce can take many years.

• If there is no fighting and no asset settlement issues, a divorce can take as little as a few weeks to six months.

• Court backlogs can cause delays, especially if you and your spouse can’t reach settlement and alimony agreements and choose to litigate.  A quality divorce attorney can give you an idea of the current backlog in your court.

How to Keep Delay and Cost of the Divorce to a Minimum

There is much you can do to keep the delay (and fees) of a divorce to a minimum.

• The more amicable you and your spouse, the quicker the divorce.  Do not use your attorneys to battle your marital issues and anger.

Consider using a talk therapist instead.  It’s normal to be angry, hurt, and scared and it’s normal to need to talk about it.  In addition to the legal process of divorce, there is an emotional process of letting go.  The more you and your spouse can let go emotionally, the faster the legal process will be.

Just know that you won’t always feel the pain that you likely feel now.  It will get better.  An average for moving on and healing is 18 months after a break-up.  That’s the emotional divorce.  The better you handle the emotional divorce, the better you’ll be able to handle the legal divorce.

• Think about why you won’t agree to something in the divorce process.  For example, is it really an important issue; or, are you objecting to express your anger?

• Disclose all assets and income at the outset. Discovery of these matters through the court can be time consuming and costly.

• Hire a qualified divorce lawyer, who has years of experience and guides people like you through divorce every day.  Do not hire a general practice attorney or let your cousin or friend, who happens to be an attorney, represent you.

Where to Get Help

If you are considering legal separation or divorce, it is in your best interest to get qualified legal assistance from a licensed divorce attorney.  Your attorney will guide you through the process; answer your questions; and advocate for your legal rights, financial, and emotional well-being (and that of your children.)

We can provide you with an initial consultation to learn your rights and give an estimate of how long your divorce may take.  Your next step is to contact our office at (904)346-3883 or info@dorseylawjax.com.  You are not alone.

Frustratingly, sometimes spouses hide assets during divorce proceedings.  In order to negotiate a fair marital property settlement, alimony, and child support, all assets and income must be disclosed.  If you suspect that your spouse may be hiding assets or income, follow these 7 steps to finding them.

1.  Consult with a qualified divorce attorney.

Don’t take advice from well-meaning family, friends, and neighbors.  Unfortunately, there is much misinformation that gets passed around and could negatively affect your legal rights, life-style, and bottom line and that of your children.

2.  Identify marital assets.

If your spouse received an inheritance or a gift during your marriage and kept those assets separate, they are, likely, not marital assets; however, most everything else would be, unless you’ve both agreed otherwise in a prenuptial or marital agreement.

3.  Look for assets that are commonly hidden by unscrupulous spouses.

In our practice, these are the assets and income that spouses commonly attempt to hide.  Often, a forensic accountant is used to find identify and find these assets, but there’s a lot you can do to help.

Look for:

• Real Estate Rents
• Pending Tax Refunds
• Tax Overpayments, Credits, or Carryovers
• Retirement Accounts and Retirement Plan Distributions
• Bonds in Name of “Bearer”
• Bank or Investment Accounts in Child, Friend, Family Member, or Business Partner’s Name
• Payments to Child, Friend, Family Member, or Business Partner’s Name
• Debt Repayments to Child, Friend, Family Member, or Business Partner’s Name
• Big gifts to Child, Friend, Family Member, or Business Partner’s Name
• Cash and/or Travelers’ Checks in Safe or Safe Deposit Box
• Skimming from Business
• Delayed Raise, Stock Option, or Bonus
• Delayed Closing of Lucrative Contract
• Time Shares
• Hidden Art, Jewelry, Antiques, and Other Collections
• Foreign Trusts

4.   Check Your Credit Report.

You can get your credit report free from each of the three credit reporting agencies (Experian, Transunion, and Equifax.)  You’re entitled to one free report each year, plus an additional report within 60 days of being denied credit (because of your credit report.)  However, even if you have to pay, it’s both inexpensive and worth it.

5.  Gather Financial Documents

If you can gather financial documents before you separate, all the better; you’re likely to have more access at that time.  Collect whatever you can such as (old and new) income tax returns, credit reports, accountant work papers, loan applications, bank statements, investment statements, credit card receipts and statements, ATM statements, pay stubs, and financial statements.  You have a right to compensation information from your spouse’s human resource department.

6.  Search Public Records

Conduct an online search of public records such as county real estate records and Intelius.com.  In addition, Google your spouse’s name.

7.  Consider Who May Be Helping Your Spouse Hide Assets

Think about friends, family, business partners, secretaries, and assistants who may help hide assets.  In addition, look for names of financial advisors, employers, clients, attorneys, and accountants who may be doing the same.

Where to Get Help

If you are considering legal separation or divorce, it is in your best interest to get qualified legal assistance from a licensed divorce attorney.  Your attorney will guide you through the process; answer your questions; and advocate for your legal rights, financial, and emotional well-being and that of your children.

Contact The Dorsey Law Firm in Jacksonville, FL.

More attention is being paid to drunk driving. States have more check points and education efforts appear to be working. More people are wearing seat belts, the most effective safety device in an automobile. There is more enforcement of traffic safety laws, reports the NHTSA.

Florida is part of the five states in Region 4 which had a drop of 3 percent in traffic fatalities from 6,573 deaths in 2009 to 6,375 fatalities in 2010.

Region 1; which encompasses Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island; had the largest drop of 17.7 percent or 1,157 deaths. Region 2; which includes New York, New Jersey, and Pennsylvania; had the lowest decline of 2.4 percent or 3,067 deaths.