Legal Question in Family Law in Florida

Divorce

It has been an awful financial year for me. I was a subcontractor for a major builder that abruptly stopped building. I have not been able to make house payments for 6 months and I am delinquent on 12 accounts. I have borrowed from family members to keep food on the table. I have desperately tried to find a job but at this point have no prospects. My wife has not worked at all during the marriage but recently found employment. She is now filing for divorce and wants me to fill out paperwork to have it go quickly. How do I fill out the income part? I do want my son to be taken care of. I feel my only hope though is to go back to school and get new training so that I am employable again in another industry. I am just not sure how to proceed. If my wife hasn't worked the five years we have been married what is she resonsible for if we are losing everything? What a nightmare.


Asked on 7/02/09, 3:38 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Divorce

If you are currently making no income, put zero on the financial affidavit. If that changes before your divorce is final, you are required to file a new, amended financial affidavit with the new information. In some cases, many financial affidavits are filed as income changes over the time that the couple is in divorce court.

Under divorce law, you are each usually responsible for one-half of the debt you incurred since you've been married, and the judge usually splits the debts and assets roughly in half. Of course, outside of divorce court, the person responsible is the person whose name is on the debt, and that's whose credit is at risk.

Don't worry about how the financial affidavit affects your son and the child support. You seem like the kind of guy who will do what he has to to make sure his son is taken care of. That's really what matters. Money's not the most important thing, especially when it comes to kids. My kids have been on cruises, traveled across the country and beyond, eaten at some of the best restaurants, and stayed at some fantastic hotels, but what they really seem to remember is throwing the football around in the back yard.

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Answered on 7/02/09, 7:40 pm


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