Tag Archives: Divorce

Will I Get To Spend Time With My Child If We Get Divorced?

Your relationship with your child is very important, not only for you and the child, but that relationship is important to the Judge, representing the interests of the state of Florida.

Florida courts strive to make sure your child spends as much time as possible with each parent.  The Court has wide discretion to consider the work schedule of each parent, the schooling of the child, and even the travel time required for time-sharing, among other factors.

 In many cases, Florida courts are now awarding a 50/50 time share split with equal sharing of most parental responsibilities.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

I’ve Lost My Job:  Am I Going To  Have To Pay Child Support?

We are now living in a pandemic with all its terrible economic consequences. Significantly, many businesses are having to cut back their workforce, and worse, some businesses are closing their doors.

If you have lost your job, it does not necessarily relieve you from child support payments.  Your obligation doesn’t automatically stop even though you may have reduced or no income. You need to petition the Court to modify your support obligation.  This will likely be easier in the aftermath of this unprecedented time.

The child support statutes do allow for modification due to economic hardship.  But, remember, you have to ask.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

This is a topic near and dear to my heart.
Don’t let your ex trash your credit!
When my friend, Sally, got divorced last year, her ex agreed to pay off their $25,000 in  credit card bills.  This was part of the property division and was made part of the divorce judgment.
Ever since then, creditors have been calling and writing her because her ex is late or fails to make a payment.  Last week, she was served with a lawsuit from Capital One.
Despite the divorce agreement, Sally is still on the hook.  Her credit is trashed and now she has to deal with a lawsuit and possible wage garnishment.  Sally told me, “I just assumed my responsibility ended once the divorce was over.”
I always tell my divorcing clients:  Creditors don’t care how bills or loans are divided in divorce.  If it’s a joint debt, it stays that way.  The credit card agreement or mortgage note trumps the divorce.
So, what should Sally do now?  If she decides to pay off the cards and restore her credit, she might be able to go after her ex for reimbursement in divorce court.  If she can’t pay off the debts, she can always consider bankruptcy.
But, I consider myself a preventative law attorney, so I am going to tell you what to do BEFORE the divorce:
Track down all your credit cards.  Pull your credit report to make sure you know about all your active and open accounts,  even those with a zero balance.  Contact all the lenders and do the following: close or freeze the account and remove authorized users from account.  If you can’t close all the joint accounts because there is a balance or the lender requires both signatures, try to at least freeze the account.  If both signatures are required, do what you can to get it.  Follow up is crucial.
Meanwhile make sure the bills are getting paid.  Divorces can take months and all it takes is one late payment to hurt your credit.
And here’s a side note:  Don’t go crazy opening new accounts in your individual name.  This can actually have a negative effect on your credit score.  Only apply for the credit you need.  And that’s some good advice, whether you’re divorcing or not.

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
629 N. Dixie HWY
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667