Question
I have this assignment: for purposes of the assignment, it assumes that my firm recently hired all of you. You are presented with the fact
I have this assignment: for purposes of the assignment, it assumes that my firm recently hired all of you. You are presented with the fact pattern below. You are required to draft all necessary pleadings and court papers for your respective client except for summons, notice of related cases, and similar non-substantive filings...another division of the firm will handle that. Your pleadings must appear professionally drafted. That means typed...spelling and grammar count. Do not handwrite any information on anything that you submit. The assignments must be uploaded via Canvas. One last thing, you are free to adlib on nonessential information that is not included in the fact pattern. We will discuss in class what are the REQUIRED DOCUMENTS TO BE PREPARED. Bob Smith has hired the firm and wants it to file an action for dissolution of marriage. He advises that he and Amy have agreed that he will file first. FACT PATTERN Amy Smith and Bob Smith were married in New York on 01/01/2012. They moved to Miami 6 months after getting married and have lived here ever since. They separated on 1/01/2022 and have not lived together since. They are both civil with each other and are very involved parents. Amy is currently living in the marital home with the children while Bob moved into a 3-bedroom apartment that is 2 blocks away. CHILDREN: They have 3 children in common; all are minors...Robert, 9; Annie, 8; and Sara, 7. Amy and Bob have had the following schedule for the children since the separation and both of them are happy with it: Bob and Amy alternate the children as follows: each parent will have the children from Friday (pick up at school), Saturday, Sunday, Monday, Tuesday, Wednesday, and Thursday nights with drop off at school on Friday morning. This schedule will alternate throughout the year. The parent that does not have the children for time-sharing will have daily contact with them via phone or Skype, from 6:30pm to 7:30pm. Bob gets the children for his birthday and Father's Day. Amy gets the children for her birthday and Mother's Day. The also agree to shared parental decision-making authority. PROPERTY: Amy and Bob own the house together. They both agree to sell the house and divide the proceeds in accordance with Florida law. They own 2 cars - one is a lease, the other is owned. They each have their own retirement accounts, all of which was earned during the marriage. Bob has $100,000 in his retirement and Amy has $200,000. They agree to divide this in accordance with Florida law. Amy and Bob agree that he will pay her $1,000 a month in durational alimony for 7 years. EMPLOYMENT: Bob is in-house counsel for IBM'S Florida operations. He is a W-2 employee and grosses $88,00.00 per year. His yearly federal income tax is 18% of his salary and his FICA is 3%. Amy owns her own business and believes in continuously reinvesting in her company, so she only pays herself $24,000 a year. Her yearly income tax is 10% of her salary and 3% for FICA. ASSETS/DEBITS/EXPENSES: The couple has a joint checking account. Their checking account averages a $5,000.00 balance every month. They also have a savings account, which has $10,000.00. The have direct deposit for both of their paychecks. While they always filed jointly during their intact marriage, they decided to file as married but separately, this last year. Since Bob makes most of the money, they agreed that he would list the children as dependents and get the tax credit. They own a house in Coral Gables that is worth $1,200,000.00 but they owe $500,000.00 on it. Their mortgage payment is $5,000.00, which includes principal ($1,000.00), interest ($2,000.00), taxes ($1,000.00) and homeowners' insurance ($1,000.00). The electrical bill for the house is $300.00 a month. The water bill is $150.00 quarterly. Bob pays $500.00 for his apartment. The electrical bill for the apartment is $75.00 a month. Bob drives the vehicle that is owned, a 2021 Mercedes. He paid $90,000.00 in cash for it but it's now worth $70,000.00. His auto insurance is $100.00 a month. Since Bob lives close to his office, he only spends $35.00 a week on gas. He pays $400.00 month for his grocery. His iPhone service is $150.00 a month. Bob's health insurance is $6.50 a day and his dental insurance is $2.00 a day. Bob also pays for the children's dental insurance, which costs him $18.00 a week for each child. As part of his executive benefits at IBM, Bob reimbursed for the following expenses, if applicable: car payment (up to $1,500 a month), car insurance, gas, cellular, his health insurance, and his dental insurance. Amy drives a 2021 BMW SUV. Her payment is $600.00. Her insurance is $100.00 a month. She has a long commute to work and therefore spends $75.00 a week on gas plus $50.00 a month on tolls. Amy pays $500.00 month for his grocery. She too has an iPhone. Her service is also $150.00 a month. Amy also pays for her own health insurance and that of the children. She currently pays $120.00 ($30.00 for each of them) every week for the three minor children and herself. Since the separation, they have had to use limited childcare. Bob currently gets deducted $300 a week from his paycheck for the childcare for all three children. Amy reimburses Bob $100 a month for the childcare.
- I have to fill out this two forms:
- https://www.flcourts.gov/content/download/685808/file_pdf/901b1.pdf
- https://floridachildsupportcalculator.com/wp-content/FloridaChildSupportCalculatorZ/FloridaChildSupportCalculatorZ.php
I need some guidance in completing them.
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