Archive: July 2022

July 29, 2022

The Benefits of Child Custody Mediation – What to Know

Child custody mediation is a process that allows divorcing parents to come to an agreement about custody and visitation outside of court. In mediation, both parents, their lawyers, and a neutral third party (the mediator) meet in an office setting. The mediator helps the parents communicate with each other and work towards a custody agreement that is in the best interests of the child. Mediation is often less expensive and less stressful than traditional custody litigation, which often pits one parent against the other.

The Benefits of Child Custody Mediation: What to Know

1 – Decreases Stress on the Children

No matter how amicable the divorce may be, it will still be a major change in the lives of your children. Mediation can help reduce the stress and anxiety that your children feel during the divorce process.

2 – Creates a More Amicable Relationship Between Parents

During mediation, you will have to communicate with your spouse about your children. This communication can help improve the relationship between you and your spouse. This can be beneficial for your children because it can make it easier for you to co-parent.

3 – Reduces the Cost of the Divorce

Mediation can save you money on the cost of your divorce. Mediation is typically less expensive than going to court. You will also save money on attorney’s fees.

4 – Allows You to Create a Parenting Plan That Works for Your Family

During mediation, you and your spouse will create a parenting plan. This parenting plan will be created specifically for your family. This is beneficial because you can create a plan that works for your family.

5 – Helps You to Communicate With Your Spouse

Mediation can help you to communicate with your spouse. This communication can be beneficial for you and your spouse. This communication can also be beneficial for your children.

6 – Saves Time

Mediation is a process that can help you resolve disputes without going to court. It can be faster and cheaper than going to court, and it can also help you preserve relationships. In mediation, a neutral third party called a mediator helps you and the other person or group involved in the dispute to communicate and try to reach an agreement.

7 – Helps You to Be in Control

Mediation can help you to be in control of your own divorce. You will be able to make your own decisions about your divorce. You will not have to rely on a judge to make these decisions for you.

8 – Encourages Positive Conversation

While you can create a parenting plan on your own, many couples find it helpful to work with a mediator. A mediator is a neutral third party who can help you and your spouse communicate and come to an agreement on the terms of your parenting plan.

Conclusion

Mediation is an alternative to a traditional divorce. It is a way for you to get divorced without going to court. Mediation is not right for everyone. You should talk to a lawyer to see if mediation is right for you.

Should you be in need of a good family lawyer, contact Dorsey Law JAX. We have top Jacksonville Attorneys specializing in family law, criminal law, and personal injury.

July 18, 2022

What to Do When You Need to Avoid Paying Child Support in Florida

If you are a parent who is married, you are legally obligated to support your children. This is true even if you get divorced. Both parents must continue to provide financial support to the child until the child turns 18. However, sometimes one parent may not be able to afford to support the child. If this is the case, there may be a few ways for you to avoid paying child support in Florida.

Here’s what you need to know about this topic:

Child Support in the State of Florida

In the state of Florida, the law requires both parents to support their children if the parents are separated or divorced. This means both parents must continue to provide financial support to the child even if one of the parents does not have custody of the child anymore.

The court can order both parents to support their child by making payments to the support collection unit. If the parent does not make the payments, the collection unit will then go after the parent for the owed back child support.

How Child Support Is Determined in Florida

The amount of child support each parent will pay is determined by state law. The amount of child support depends on certain factors, including:

  • Parent’s wage, bonuses, commissions, and tips
  • Spousal support
  • Social Security payments
  • Disability benefits
  • Retirement or pension plans
  • Unemployment assistance
  • Property ownership
  • Other forms of compensation

After the total amount of a parent’s gross wages is calculated, deductions are subtracted from the amount, including taxes, spousal support, and any additional child support payments. This net amount is then used to get the total amount of money you should pay by using specific state-mandated guidelines.

Child support payments continue until the child reaches the age of 18. In some cases, like if the child has a disability or is still in high school after the age of 18, payments may continue for a longer period of time.

How to Stop Child Support Payments

If you do not want to continue to pay child support, you have the right to limit or stop your child support payments. You can do this by filing a motion with the court. However, you will have to show the court reasonable grounds for your request.

There are several reasonable grounds that you can use to get the court to stop your child support payments. One of the most common reasons is if the child is over the age of majority. You can also seek to terminate your child support obligation if you have been disabled and no longer have the ability to work. If you are working, but you cannot afford to continue paying your child support, you can also ask the court to terminate your payments.

Conclusion

If you are a parent who is living in Florida and you are experiencing financial problems, you may want to consider avoiding making child support payments. This can be done by filing a motion with the court. Here, you will have to show the court that you have lost the ability to continue making your payments. Your financial condition will be analyzed by the court and if you are able to show that you are not able to avoid paying child support, your request may be approved.

If you have been ordered to pay child support and you want to stop making these payments, you need to contact a Florida family lawyer to help you take the proper legal action.

Dorsey Law JAX can provide you with the legal expertise of trusted family lawyers in Florida. Get in touch with us so we can discuss your case!

July 18, 2022

Understanding Non-Competition Clauses in a Business Valuation

When you buy a business, it’s given that you don’t want the owner to set up shop near your location since that would just drive business away from you. With that considered, a non-competition clause in a contract sale prohibits the seller from doing that within a set geographic area and within a set period.

General Issues in Business Valuation

Issues from a business valuation, whether due to a dissolution of marriage or otherwise, can arise in the process. Several technical and financial factors are considered when valuing a business, including asset value, multiples of income, industry trends and data, and other financial and business variables and analyses.

For instance, a divorce might constitute a spouse seeking a lower value for the business while the other seeks a higher value. There is also the issue of whether non-business expenses go through the business, reduce the business’ net income, and arrive at a business value. In some instances, one spouse might sense that the other spouse is hiding income, which has been true in many cases.

The Link between Non-Competition Clauses and Personal Goodwill

Business matters can be attributed to marital matters. With that in mind, a seller that requires a non-compete clause constitutes the existence of personal goodwill, such as people supporting the business due to that person. However, this may not always be the case.

For instance, suppose there is an existing business, and a new business sets up shop next door with an unknown owner and zero personal goodwill to the other business. In that case, customers would simply enter that shop randomly, not due to the person in that business. Still, the existing business would have plenty of reason not to want a competitor to set up shop next door even if no personal goodwill existed.

Still, in Florida court, the first case stating that personal goodwill exists on some level if a non-competition clause was required is generally accepted. Often the assumption is that the value must all or almost all be personal. Most cases associated with this matter involve a professional practice where most of the value of the business relies on personal goodwill.

How Is Personal Goodwill Valued?

The extent to which a non-competition clause indicates personal goodwill, or in other words, how much personal goodwill is valued in dollars, is related to how much business or income of value would be gone if the seller leaves. It can also be how much a buyer will willingly pay for the non-competition clause.

In most valuation reports, the value of the non-compete clause is associated with the present value of the income for the buyer that would be gone if the key person leaves the business.

The Collaborative Divorce Approach

Business valuations are complicated, especially when it relates to a dissolution of marriage. This is perhaps the most compelling reason why Collaborative Divorce is a much better approach to family law cases than a litigated and adversarial one. Sometimes, a case is much easier resolved when both parties speak to one valuation expert and update the other at all times, instead of both parties seeking separate valuation experts, who might present different values. In the latter case, each spouse might only end up trusting the other less regarding seeking a fair result.

Dorsey Law JAX specializes in a wide range of family law issues. We provide all services under family law, from injunctions against domestic violence to divorce processes. We work to negotiate settlements but will fearlessly take a case to trial when necessary. If you are looking for a divorce attorney in Jacksonville, Florida, we are more than willing to help. Get in touch with us today and let’s talk!

July 7, 2022

3 Factors to Consider When Selecting a Divorce Attorney

Divorce can be a difficult time for all parties involved. Luckily, an experienced divorce lawyer can help you work through the entire process. Indeed, choosing the right lawyer is crucial to get through this process stress-free. Now, we understand that choosing a lawyer can be tricky. There is a slew of different factors that you have to keep in mind when choosing a lawyer. This is why we thought it would be useful to put together a brief article on this subject. If this is something that you’re interested in learning more about, then we’ve got just the thing for you. Read on as we discuss three important factors that you need to consider when selecting a divorce attorney. 

Work Experience

The first thing that you need to consider is their work experience. You’ll want to work with an experienced lawyer that specializes in divorce. While lawyers are generally familiar with the law as a whole, it will be beneficial to your case to work with one that is knowledgeable and experienced in these types of cases. Aside from having previous experience with these types of cases, you’ll also want to work with a lawyer who is knowledgeable on divorce laws for your specific state. This is because divorce can work differently depending on which state you reside in.

Honesty 

Honesty is incredibly important when looking for a lawyer. The last thing that you want is to have a lawyer that only tells you what you want to hear. Your lawyer should be able to tell you as it is as this is the only way that you’ll arrive at the most amicable result. Now, it’s rather difficult to gauge a lawyer’s honesty. This is why we recommend meeting with all potential lawyers, so that you will have a better feel of the type of lawyer that they are.

Track Record

Finally, you’ll want to make sure the divorce lawyer you work with has a good track record. A divorce lawyer’s success in litigation for divorce cases is crucial, as you will want to work with a lawyer who has had a previous record of success when it comes to these types of cases. While it doesn’t automatically assure that you’ll get a good result, a lawyer’s record of success is a good way to determine how your case will play out. Choosing a lawyer with a history of successful litigations is still important even if you’re looking to reach a settlement outside of court. Remember, things won’t always go your way so you’ll need to keep your mind open to the possibility of litigation. You want to have a lawyer who is not afraid to go to trial.

Conclusion

We hope this article proves to be useful when it comes to helping you choose the right divorce lawyer. While it may seem tedious to take your time when selecting a lawyer, choosing the right one will allow you to effectively navigate the entire process. Be sure to keep everything you’ve learned here in mind so that you can make the most informed decisions when it comes to selecting a divorce lawyer to work with.

 If you’re looking for experienced and knowledgeable divorce lawyers, then you’ve come to the right place. The Dorsey Law Firm has the best divorce lawyers in Jacksonville. We have over 35 years of experience when it comes to providing clients from all over Florida with legal services. Contact us today to set up your in-person appointment!

Need an Attorney? Start Here.

Name*

Email*

Subject

Your Message

*required field

10752 Deerwood Park Blvd. Suite 100, Jacksonville, Florida 32256 (Duval Co.)

P: 904-394-2865 | F: 904-358-8060 | Email: Dorsey Law Firm

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Dorsey Law Jax © 2022 - All Rights Reserved