Sema Yildirim, Author at Sema Yildirim - Attorney at Law

Do Grandparents Have a Right to Their Grandchildren?

Sema Yildirim — Thu, 05 Mar 2020 00:48:03 +0000

In a perfect world a child would grow up with a big family, including grandparents. There is no doubt that grandparents can provide stability, safety, wisdom, and support to a child, which ultimately is in a child’s best interest. Additionally, there is a plethora of evidence showing the many benefits of a healthy relationship and involvement between a child and his or her grandparents. It is no secret that children who have consistent contact with their grandparents are often happier and more balanced. Grandparents can be an invaluable asset to families, whether through their love and support, or by providing free and fun child care services or funds for adventures.

When families fall apart and divorce knocks on the door, emotions, at times, get in the way of a husband or wife allowing their in-laws to spend time or even see their grandchildren. While this is heartbreaking and only harms the children, there is (unfortunately) very little a grandparent can do in Florida to see his or her grandchild(ren) if the parents object.

Florida Statute 752.011 addresses petitions for grandparent visitation. Per this statute a “grandparent of a minor child whose parents are deceased, missing, or in a persistent vegetative state, or whose one parent is deceased, missing, or in a persistent vegetative state and whose other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child’s health or welfare, may petition the court for court-ordered visitation with the grandchild…”

While we have a large elderly population in our Sunshine State (lots of wonderful grandparents), historically the legislature’s hands have been tied trying to pass laws providing for grandparent visitation as this type of law would violate the constitutional rights of the parents.

The post Do Grandparents Have a Right to Their Grandchildren? appeared first on Sema Yildirim - Attorney at Law.

How to Calculate Child Support

Sema Yildirim — Wed, 30 Jan 2019 07:49:38 +0000

Many of our clients ask how child support is calculated in Florida. Unlike alimony, calculation of child support is determined by using a mathematical formula as outlined in Florida Statute 61.30. The formula takes into consideration both parents’ incomes, the time the children spent with each parent, the number of children of the parties, and other factors as specifically outlined within the statute.

The following are considered income for child support calculation purposes per subsection (2) of the statute:

(2) Income shall be determined on a monthly basis for each parent as follows:

(a) Gross income shall include, but is not limited to, the following:

1. Salary or wages.

2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income.

4. Disability benefits.

5. All workers’ compensation benefits and settlements.

6. Reemployment assistance or unemployment compensation.

7. Pension, retirement, or annuity payments.

8. Social security benefits.

9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

10. Interest and dividends.

11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.

12. Income from royalties, trusts, or estates.

13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses

The court considers the parents’ net income to calculate the proper child support amount. As outlined in subsection (3) of the statute, the allowable statutory deductions are as follows:

(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.

(b) Federal insurance contributions or self-employment tax.

(c) Mandatory union dues.

(d) Mandatory retirement payments.

(e) Health insurance payments, excluding payments for coverage of the minor child.

(f) Court-ordered support for other children which is actually paid.

(g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

Child support calculations also take into consideration payments for health and dental costs, as well as daycare costs. It is imperative to preserve records evidencing these expenses and payments so that child support can be calculated properly.

Finally, often parents fight over time sharing, because the amount of time a parent spends with his/her children directly affects the child support amount. Generally when a parent spends more overnights with his/her child(ren) each year, he/she pays less child support than a parent who spends significantly less time. It’s important to note, however, that the difference in the amount is not always significant. Ultimately, in determining a time sharing schedule, the court always considers the best interest of the child. If the court determines that one parent has withheld the children from the other parent only to receive more child support, it can have negative implications for the withholding parent.

It’s advisable to seek the advice of an experienced attorney to run your child support guidelines to make sure that you receive the proper child support amount or that you are not overpaying.

This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice (or any legal advice). By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This blog is not published for advertising or solicitation purposes. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon advertisements.

The post How to Calculate Child Support appeared first on Sema Yildirim - Attorney at Law.

The importance of applying for U.S. Citizenship

Sema Yildirim — Thu, 17 Jan 2019 15:39:20 +0000

Many permanent residents who have had their “green-cards” for decades fail to take advantage of the benefits of U.S. citizenship. With the current political climate it is more important than ever to seriously consider applying for citizenship.

Worry-free travel:

There are many benefits that are available only to citizens. Other than voting, owning a U.S. passport enables the passport holder to travel internationally with ease, especially since many countries do not require a visa for U.S. citizens. Since there are no duration limitations on internatioal travel, re-entry to the U.S. is worry free and without hassle. There have been instances where the government has stripped non-citizens of their green-card when trying to re-enter the U.S. after even a short absence from the country. Citizens can exit and re-enter the country without problems.

Benefit of bringing family members to the United States:

There are Immediate Relative Visas and Family Preference Immigrant Visas available to U.S. citizens, which are not available to green-card holders. Citizens can bring family members to the United States with “IR visas,” including spouses, parents of citizens who are at least 21 years old, unmarried children under 21, and adopted children.

Employment:

Often jobs, including federal jobs, require U.S. citizenship. Permanent residents are deprived of the opportunity to apply for many positions, which open doors to great benefits, high salaries, and retirement benefits.

Deportation:

While permanent residents risk deportation for certain crimes, a U.S. citizen cannot be deported. There have been instances where permanent residents who have been in the U.S. for decades have been deported due to crime.

The Naturalization process:

Citizenship can be gained though the naturalization process, which includes deriving citizenship as a minor from parent(s). Permanent residents who have been arrested, or had run-ins with the law may jeopardize their status when applying. It is advisable to hire an immigration attorney who can evaluate the case for any pitfalls.

The post The importance of applying for U.S. Citizenship appeared first on Sema Yildirim - Attorney at Law.

Paternity in Florida

Sema Yildirim — Thu, 17 Jan 2019 15:30:23 +0000

Recent changes in the law afford unmarried fathers additional rights. Please contact us for a consultation.

The post Paternity in Florida appeared first on Sema Yildirim - Attorney at Law.