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PISTORIO LAW
We began our journey in 2017 with the mission of helping families when times are the toughest for them. We pride ourselves in being transparent and accessible to all of our clients. We believe in committing to each and every one of our clients, which is why you can count on us.
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Frequently Asked Questions
In Florida the parties cannot have an agreement to child support. The Court will not accept it. Instead, child support must be calculated using Florida’s child support calculator.
The reason the parties cannot agree to child support in Florida is because it is not theirs to agree to. Child support in Florida is for the child, not the parents. The minor child is not able to waive their child support.
Florida’s child support calculator takes into consideration:
-the gross income of the parties
-the number of “overnight” stays with each parent
-the health, dental, and vision insurance paid for the child
-the tax exemption
-any afterschool care expense.
In an uncontested divorce, parties agree on all issues, including asset division, alimony, and child custody. In contrast, a contested divorce involves disagreement on these issues. In contested Divorces, the parties disagree on the issues.
In all contested cases the parties would be required to mediate before trial. This is a good time to resolve all issues or some issues. At mediation you can reach partial or even temporary agreements. If you reach a partial agreement, meaning some issues have been resolved, you can leave only the remainder of issues to be heard at trial.
Temporary agreements can allow the parties to reach an agreement that will be temporary in nature, ending in the future and the issue will been to be resolved again or heard at trial on a final basis. A good example of this is when a parent doesn’t think the other parent can handle or do a 50/50 timeshare schedule. The parties will sometimes enter into a temporary agreement for 6 months or any temporary timeframe to test this theory out.
: Florida Rule 12.285 Requires the parties to provide a very extensive financial disclosure. These Mandatory disclosures require parties to provide a great number of items including, tax returns, Cash App, Venmo, Zelle, PayPal statements, bank statements, and credit reports. Reviewing these statements in depth is a good way to trace money and see a number of hidden expenses and often times, additional income.
