Fourth, the retirement accounts held in a party’s name are their sole property. Again, if any money is contributed to these accounts, i.e., 401 (k), IRA(s), TSP, or the like, these are considered marital contributions. However, it is essential to note that if a party has worked for a company/agency/armed forces for longer than the marriage, the only portion considered marital is the length of the marriage. The marital portion only will be divided equally between the parties. In most instances, the party’s employer can assist in providing the balance of these accounts on the date of marriage to preserve the non-marital portion.
Fifth, dissolution of marriage actions should take a few months. More often than not, I have people come into my office and explain that the parties have made zero agreements and only agree on being divorced. People usually expect divorces to be filed and immediately go to trial. This is not the case. There is a process for the dissolution of marriage. Each party must provide mandatory financial disclosure, which takes time. In each dissolution of marriage action, the Courts require the parties to attend mediation to resolve all or some of the issues that would otherwise have to be determined by the Court. Unfortunately, no actual timeline for how long it could take to get a divorce is set in stone. Every case is different and unique, as it should be. Every marriage and family is unique. The best thing a party can do when going to see any attorney is to do everything asked of them promptly. Work as a team with their attorney to move their case along.
Sixth, there is no child support if the parties exercise equal timesharing, i.e., a 50/50 schedule. This could be true, but more likely than not, it is not valid. There are a lot of things that go into determining child support. The Florida Child Support Guidelines provide daycare costs, medical insurance, and even reoccurring expenses for minor children, i.e., medication, therapy, etc. If one parent pays all the costs of daycare and medical insurance, there may be child support due to the proportionate share of the expenses for the parties. The Court uses a formula.
Lastly, there is no child support because I am not able to see my child/ren. This is false! The Florida Statutes separate child support and timesharing. This does not mean if you are not able to or are not being allowed to see your child/ren, there is no child support. Child support is just for supporting the minor child/ren. On the other hand, if upon separation of the parents, one parent continues to support the minor children financially by paying the housing expenses or providing money every month, this parent may not have a retroactive amount of child support.