In Florida, there are private residential swimming pools, public swimming pools, and hotel/motel/resort swimming pools in just about every community.

It is important for property owners, business owners, home owners, and government entity to properly safeguard the swimming pool and aquatic area for the protection of children.

It is well known and expected that a child, especially one of tender years, under the age of 5 years old, to be curious and inquisitive about interesting areas and what is deemed under Florida Law to be an “attractive nuisance.”

Many Drownings Are Preventable

Unfortunately and tragically, there are reports of drowning incidents every summer, spring and the rest of the year in Florida.

Many such incidents are preventable with the proper implementation and maintenance of swimming pool fences and barriers, swimming pool alarms, proper adult supervision, proper lifesaving equipment, and the posting of trained and attentive life guards when appropriate.

When a child suffers personal injury or dies as a result of a drowning incident there may be a case or claim to pursue on behalf of the child and the family.

To establish a legal claim or case, there must be proof and evidence of the following four elements.

1. Duty
2. Breach of Duty
3. Causation
4. Damages

Certainly, any time a child suffers serious personal injuries or dies, the element of damages can be established.

However, you must prove all four elements by a ponderance of the evidence.

In the State of Florida, a child under the age of six (6) years old cannot be negligent as a matter of law.

As such, a swimming pool owner cannot blame a four year old for his or her conduct.

A child six years old or older can be held comparatively at fault for an incident.

The child’s conduct is evaluated based on age, experience, education, maturity, and other factors.

Drowning Victim Rights in Florida: Adult Supervision Is Key

When children are in or near a pool area, adult supervision is key.

It is important to distinguish the difference between adult supervision and the mere presence of adults in the area.

Let’s say that there is an adult sitting poolside. This particular adult has headphones on and is watching a movie on Netflix. Another adult is in the pool area taking a nap. The presence of these two particular adults does not amount to adult supervision.

There are also practical considerations when evaluating a claim or case involving a drowning incident.

For instance, one such issue may involve the availability and amount of applicable homeowner’s insurance or commercial liability insurance.

The family of an injured child should seek out guidance, advice, and legal representation from a Florida Child Injury Lawyer to protect and enforce the rights of the injured child.

You Need An Experienced, Knowledgeable Attorney on Your Side

David Wolf is an author, attorney and child safety advocate. He has written over 3,500 articles focusing on child injury and child safety matters.

He is the author of the book titled The ABCs of Child Injury, The Legal Rights of the Injured Child, What Every Parent Should Know.

This book has chapters on drowning victim rights in Florida, Swimming and Aquatic Injuries, Amusement and Theme park Injuries, and other topics. You can get this book for free at The ABC of Child Injury.

In Florida, the assets and liabilities you bring with you to the marriage are, in most cases, considered non-marital assets.

In other words, non-marital assets are possessions of the individual and not owned jointly by the individual parties.

However, assets and debts acquired during the marriage are considered joint marital property.

The Florida divorce and family law courts are instructed to equally divide marital assets and debts between the spouses, unless the court can justify an unequal distribution based on factors, including:

• Contributions made to the marriage.
• Economic circumstances.
• Duration of the marriage.
• Interruption of personal careers or educational opportunities.
• Contributions made by one party to the career or education of the other.
• Desire to retain an asset such as business interest.
• Contributions made to or liabilities incurred to both the marital and non-marital assets.
• Desire to retain the marital home as residence for a child of the marriage or other party.
• Intentional depletion, waste or destruction of assets after a petition of divorce. Or within 2 years of the filing of such petition.
• Or any other factors necessary to do justice and equality between the parties.

Florida law prescribes that in any contested action, the distribution of marital assets and liabilities shall include written findings presented to the court, including:

• Identification of all non-marital assets and individual ownership interests.
• Specific identification of the marital assets.
• Valuations of “significant assets” designating which party shall be entitled to each asset.

The law also establishes rules governing additional assets and liabilities, including:

All assets and liabilities acquired or incurred by either party or jointly acquired during the marriage, including inter spousal gifts, vested and non-vested benefits, rights, funds, pensions, profit-sharing, annuity, deferred compensation, and insurance plans are considered marital assets.

Additionally, all real property held as tenants, acquired before or during the marriage, are also marital assets.

Non-marital assets and liabilities include pre-marital acquisitions by either party. This includes gifts, bequests, income, or any written agreement between the parties.

In most cases, the intent of the law is to give 50% to the husband and 50% to the wife.

If one party takes more debt, they may also be given more in assets to equal it all out.

The distribution of property can be challenging for spouses. There are items they may both want. Or, they may feel the spouse is solely responsible for the debt in their name.

However, if it became debt during the marriage, the name associated with the debt does not necessarily mean that is where the debt will remain.

In some cases, the courts may deviate from the equal division of assets and debts, but there has to be a substantial and proven reason why it should be unequally split.

In cases where there is proof that one spouse used marital funds to have a relationship outside of the marriage, the other spouse is entitled to recover 50% of what was used to further the relationship.

For example, if Hank had an affair and spent $500 on his mistress, then Wilma is entitled to recover $250 from Hank. This may come out through a division of bank accounts, debts, or any other way that replenishes the funds to Wilma.

Equitable distribution and dividing marital property may not seem fair to some individuals. But the fact remains that it was accumulated for the benefit of husband and wife. So, it shall be divided equitably.

Contact our Jacksonville Florida family law firm online or call us at (904) 355-8888 to set up a free consultation to discuss your legal options.

Alimony modification in Florida, or a change (increase or decrease) in an alimony amount or duration is a decision made by a family law judge after one of the parties has filed a petition for modification.

Florida Statutes 61.14 govern modification, when “the circumstances or the financial ability of either party changes.”

Either party may move to alter amount or duration. The judge will render opinion when giving “due regard to the changed circumstances of the financial ability of the parties.

You can modify alimony retroactively to the date of the filing of the petition.

The party that files the petition has the burden of proof, which means the filer of the petition has to show that has been a substantial change in the circumstances that were not foreseeable at the time of the final hearing. Canarakis v. Canarakis, 383 So. 2d 1197, 1201 (Fla. 1992)

This is a “heavier burden than usual burden of proof,” as Pimm v.Pimm, 601 So. 2d 534, 537 (Fla. 1992), points out because the filer does not just have to show the existence of a difference but also that it was unanticipated.

Alimony Modification in Florida: The 3 Requirements

There are three requirements that you must show for an alimony modification in Florida to be successful.

First, there must be a substantial change in circumstances from the original alimony order.

Second, this difference in facts must not have been a foreseeable reality at the time of the final judgment.

Third, the “change is sufficient, material, involuntary, and permanent in nature.” Woolf v. Woolf. 901 So. 2d 905 (Fla. 4th DCA 2005)

If all three requirements, the modification of alimony will not be successful.

What Does This Mean?

First, the change in circumstances has to be significant, which means the payor’s (the one paying alimony) financial situations to really change for the better or the worse; or the payee’s (the one receiving alimony) financial need have to either decrease or increase greatly.

For example, if the Former wife receives alimony during the divorce trial because she is unemployed and does not have any work history.

After the divorce, she discovers that she is very talented at painting and begins selling her artwork, earning $100,000/year.

This is definite change that would significantly impact the award of alimony.

Second, the change based on the alimony modification in Florida is not foreseeable at the time of the final hearing.

Going back to our example, if former wife only started painting as a pastime after the divorce and it was then that she discovered that she could sell her art, this would not be something that the court could have considered when first awarding alimony.

Finally, we must consider if the change is “sufficient, material, involuntary, and permanent.”

In our example, in that the change is sufficient because now the wife has a profitable business, which changes the financial situation of the parties, and it is something that she will continue doing, then there is a good chance that the court would modify (in this case, lower) the alimony amount because the situation has changed and the wife’s need (due to her new income) would no longer be the same.

Call Us Today To Help With Alimony Modification

If alimony has been ordered in your divorce, and you think that it needs to be changed based on the factors above, you should contact a family law attorney that is experienced with alimony modification in Florida.

So, contact us online or call us at (904) 355-8888 or click to set up a consultation to discuss your legal options.

The complexity of these legal cases and claims can be extreme. So, it is important for the parent or guardian to get legal advice and representation from a Child Injury Attorney.

Insurance adjusters, risk managers, and attorneys are in place to protect the interests of the insurance company.

The injured child should get representation from a Personal Injury Attorney as well. The rights to damages and compensation should be discussed with the attorney.

It is vital to enforce and protect the child’s interests when necessary. This will ensure fair and equitable compensation for:

• medical bills.
• pain and suffering.
• loss of enjoyment of life associated with personal injuries in a bicycle.

Sources of Compensation

When a child is a victim of a bicycle accident, here are some of the sources of compensation.

PIP or Med Pay Coverage Under the Automobile Policy of the Parent or Resident Relative

Even though the injury was from riding a bicycle, there may be coverage for payment of medical bills through the automobile insurance policy for the parent or resident relative.

PIP (Personal Injury Protection), if available, will typically pay for 80% of the child’s medical bills reasonably related to the bicycle accident.

Typically, PIP coverage is primary to health insurance coverage. In other words, medical bills must first be submitted through PIP rather than through health insurance.

PIP or Med Pay Coverage Under the Automobile Policy of the At Fault Owner or Driver

If the child does not qualify for coverage under a PIP policy through the parent or resident relative, then the child may qualify for PIP coverage under the policy of the at fault driver or the at fault owner.

Health Insurance

If the child has health insurance, these benefits may be available as a secondary form of payment (if there is PIP) for accident related medical bills.

Bodily Injury Insurance Under the Automobile Policy of the At Fault Owner or Driver

Some drivers/owners have Bodily Injury coverage in place and some do not.

If the at fault driver or at fault owner have BI coverage in place, the injured child, through his or her attorney, can pursue case or claim for damages under the policy.

A claim or case can be pursued for damages related to medical bills, pain, suffering, loss of enjoyment of life, and other damages.

Uninsured Motorist/Underinsured Motorist Coverage of the Parent or Resident Relative

If the parent/resident relative has UM coverage, this coverage may be a source of compensation for the injured child.

A claim or case can be pursued for damages related to medical bills, pain, suffering, loss of enjoyment of life, and other damages.

Liability Insurance

If the child is being supervised by another adult, day care center, school, or other child care provider, there may be a case to pursue against the person and/or business entity for negligent supervision.

If there is Homeowner’s or Commercial Liability coverage in place, a claim or case can be pursued for these insurance benefits as well.

Other Issues

There is no set legal age at which a child can ride a bicycle in the community. It all depends on the child’s individual abilities and motor skills.

When there is doubt as to the child’s ability to safely ride his or her bicycle in the neighborhood or from one place to another, it is often times advisable to have parental supervision.

All children should wear a bicycle helmet.

Injuries can take place anywhere from the driveway of the child’s own home or during a longer bicycle ride. Children do not always use good judgment when riding bicycles. So, drivers should slow down any time there is children in the area.

When there is an unfortunate bicycle accident with a motor vehicle, the injuries can be quite serious. In some instances, the child tragically dies as a result of the accident.

What Can You Do?

It is wise to seek the guidance and expertise of an experienced personal injury attorney. They can ensure you receive rightful compensation, and give you peace of mind during this difficult time.

As experienced personal injury lawyers, we are driven to our clients and the rights of their children.

Call us at(904) 355-8888 or schedule a consultation here. Together, we can make it through this stressful time in your life.

Divorce in Florida is based on a premise that everything collected during the marriage, including assets, debts and retirement accounts, are going to be split equally between the parties. The concept is known as equitable distribution and it’s different in Florida than in some other states.

In some states, if both parties have a retirement account, regardless of value, then each take his or her own.

In Florida, regardless of whether an account exists or should exist, the value of the accounts is what matters.

401K Division

For example, if the Husband has a 401k with approximately $50,000 and the Wife has a 401k with an approximate value of $150,000, then their combined retirement is $200,000 (if all was contributed to and collected during the marriage).

So, the court will look to split the $200,000 between the parties and the Wife’s account may be depleted by $50,000 and rolled into the Husband’s account to make his total $100,000 and her total $100,000.

Pension Division

If there is a pension account, which is based on the number of years worked, then there is a calculation that has to be done to determine the other spouse’s portion of the pension.

What this means is that one must evaluate the number of years of the marriage and the number of years the pension-earning spouse has worked for the company.

Often the company provides a calculation to help in this process, but it will basically turn into a percentage amount for the spouse who does not have the pension.

Once retirement is awarded, the party that has received said retirement funds is responsible for having a Qualified Domestic Relations Order approved by the company with the account and then submitted to the court.

This should be done as soon as the divorce is finalized in case anything was to happen to deplete the fund after the dissolution of marriage.

The spouse that has the paying account cannot deplete the account without court approval, but if the funds are dependent on stock, then stock shares can change in a day and leave the account with less than what is owed to the other spouse.

In addition to rolling over the retirement account, the parties may reach an agreement for a pay out.

Early Distribution Without Penalties

Now there are ways to have this done in a 401(k) or IRA without incurring penalties for early distribution.

For example, if there is an agreement that a spouse is going to take $100,000 from the other spouse’s 401(k) to equal another asset the other party took, to pay lump sum alimony, or another settlement agreement, then it can be disbursed without the penalty, but taxes must be paid.

The idea is that a property settlement or settlement regarding the retirement accounts can be divided by the parties without the benefiting party suffering any penalties.

The IRS wants to make certain it is getting its cut since the disbursement is income.

What Can You Do?

It is wise to seek the guidance and expertise of an experiencedfamily law divorce attorney. They can ensure you do not sell yourself short, and give you peace of mind during this difficult time.

At Wood, Atter, and Wolf, as experienced divorce lawyers, we are driven to solving the most important problems created by divorce.

The proven methods we employ create a working environment that allows both parties to resolve their differences.

Call us at(904) 355-8888orschedule a consultation here. Together, we can make it through this stressful time in your life.

This, however, is only one factor. A party qualifies for alimony based on not only the length of the marriage, but the need, and the other party’s ability to pay alimony in Florida.

In terms of the length of time, the Florida legislature has defined what a short-term marriage, moderate-term marriage and long-term marriage consist of in terms of years.

This is helpful in determining which type of alimony may be awarded.

In Florida, the length of the marriage is from the date of the marriage until the date of filing for the divorce.

According to Florida Statute 61.08(4), the Florida legislature has defined the length of marriage, which is a rebuttable (i.e. arguable) presumption, as follows:

• Short–Term Marriage is a marriage duration of less than 7 years
• Moderate-Term Marriage is one having a duration of more than 7 years and less than 17 years
• Long-Term Marriage is of a duration of 17 years or more

While it is important to understand how the courts will evaluate the length of the marriage when considering an alimony award, a certain length is not necessary for the court to begin considering awarding alimony in the case.

The probability of receiving certain type of alimony awards, such as permanent alimony, does increase as the length of the marriage increases, but a short-term marriage is not an absolute bar from receiving alimony.

Types of Alimony in Florida

Divorce often leads to concerns about alimony for both parties. State statutes control divorce and alimony in Florida.

Statutes determine the law associated with everything from qualifying for alimony to how the alimony will be paid.

Florida alimony is determined by the court and can awarded in the following ways F.S.68.01(1):

• Bridge-the-gap: this is for a term to help the needing party get from married to single life

• Rehabilitative: designed to provide support to the needing party to finish his/her degree, get work training (i.e. computer training). Or, any other trade that the individual may need help with in order to procure a job/career

• Durational: meaning support is determined for a fixed period of time

• Permanent: support is necessary forever to keep the needing party in a similar lifestyle to that developed in the marriage

• Temporary: meaning, for a variety of different potential factors, the alimony is limited to a specific purpose. This will eventually end, but the time frame is not necessarily certain. Likewise, it does not fall into the categories of the other four types.

The type of alimony awarded by the court is based on a number of different factors. The court may consider the adultery of either party in determining the amount to award in alimony.

However, the court must find facts in the case to support the award or denial of alimony.

The Case of Permanent Alimony in Florida

Alimony in Florida changes. More legislative changes are on the way.

Florida Statute 61.08(7) now states that there is no reason that durational alimony cannot be awarded in a long-term marriage. This is if there is no ongoing need for permanent support.

What this means for a client is that if the spouse requesting permanent alimony has an ability to care for him/herself and provide a lifestyle close to that of the marriage, then that spouse may be entitled to alimony for a set period of time, but not permanent alimony since there is no need for the same.

So, for example, when a party has been married for thirty years, but married when they turned 18, and both have careers, it is unlikely that a judge today will award permanent alimony because both spouses have the ability and means to earn income separate and apart from their marriage.

If the need and ability to pay alimony is present though, the judge will likely award bridge-the-gap or durational alimony.

Alimony keeps both parties in the lifestyle to which they have been accustomed during the marriage.

Over time, if both parties have the capability of maintaining that lifestyle without assistance, then Florida law is now saying the other spouse should not be required to continue paying support.

Let Wood, Atter, and Wolf Family Law Attorneys Help You

Our family law attorneys can represent you in your divorce and make sure that all parties receive a fair settlement. As experienced divorce lawyers, we will make sure to solve the most important problems created by divorce, including alimony.

When facing a divorce in the state of Florida, many people wonder what will happen to their retirement savings. The short answer is that retirement funds are to be distributed equally between the parties.

However, non-marital assets are not divided because they are the property of the spouse who brought them into the marriage.

For instance, if you were married for 10 years and you work 10 years at the same company prior to the marriage, only the last 10 years of your retirement savings is divided.

When a divorce is filed, both parties must provide documents related to all of their retirement savings accounts. An accountant will use the documents to guarantee the correct amounts divided in the final judgement.

So, it is important to acquire a divorce attorney who is skilled and experienced.

You can see the rules in statute 61.076.

How Are Funds Divided

After the divorce, the employers receive a Qualified Domestic Relations Order. This order dictates the amount of funds to be divided.

It should be done as soon as possible after the divorce. This is because account amounts change daily. By doing this quickly, funds will be preserved.

The funds will be transferred to an existing retirement account, or to a newly created account.

Military Divorce

There are other rules when it comes to splitting military retirement. This is because of the 10/10 rule.

Unlike civilian divorce, the military must have orders from the final judgement. This helps to ensure that the correct amount of funds are divided.

Therefore, correct language must be given for them to split the funds correctly.

Division of Retirement Savings in Divorce

In Florida, things that are earned during the marriage are split 50/50 between each party. This includes retirement accounts.

Unlike some other states, it is the value of the accounts that is what matters.

For instance, one party may have an account worth $50,000 while the other party has an account worth $150,000. In this case, if it was all earned during the marriage, the court will see a total of $200,000. Remember, it is the value that matters.

The account with $150,000 will be required to transfer $50,000 to the other account. This will leave both accounts with an equal $100,000.

Again, disbursement of funds should be done as soon as possible after the divorce in case the fund quickly depletes.

Why You Need A Family Law Attorney: Retirement Savings in a Florida Divorce

The examples we discussed above are very basic. They were written this way to get the general idea across.

There are many, sometime confusing, laws and regulations that must be followed and many documents to submit.

In addition, there is often disagreement about what was acquired during the marriage. This can lead to a judgement that is not fair to one of the parties.

It is wise to seek the guidance and expertise of an experienced family law divorce attorney. They can ensure you do not sell yourself short, and give you peace of mind during this difficult time.

At Wood, Atter and Wolf, as experienced divorce lawyers, we are driven to solving the most important problems created by divorce.

The proven methods we employ create a working environment that allows both parties to resolve their differences.

Call us at (904) 355-8888 or schedule a consultation here. Together, we can make it through this stressful time in your life.