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Alimony

Home > Alimony

What is a Request For Production and Interrogatories and Why Are These Discovery Vehicles So Useful?

Working with an attorney is much like meeting that special person in your life and developing a personal relationship. It takes time. During this time interrogative questions are asked and answered and evidence such as meeting parents or seeing the actual workplace come into play. This blog will take an in-depth look at both Request for Production and Interrogatories and just why they are useful for both client and attorney. Looking first at Request for Production, the legal definition found in the online Findlaw Legal Dictionary states “a discovery request issued by one party to an action on another (as under...

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What is Mandatory Disclosure (Fla. R. 12.285)

Mandatory disclosure refers to the in-depth financial disclosure required by Florida law for most legal actions where monetary information is pertinent to the case or where there will be a monetary award as part of the final settlement, such as child support, alimony, and/or debt satisfaction. Both parties in the legal action must submit a mandatory disclosure and the information contained therein must be accurate, up-to-date, and be able to be backed up with proof when required. Proof required is for information prior to the serving of the financial affidavit, and will include: Pay stubs back 3 months State and...

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The Importance Of a Free In Person Consultation

Everyone likes to get something for free, but in this case a free, in person consultation means a lot to both the giver, the attorney and the receiver, the potential client. For both parties, making a decision to represent or be represented by someone in a matter, which can often be life changing, is vitally important. Getting to meet someone in person and be able to “get a feeling” for their personality and compatibility as well as if they are good listeners and seem honestly interested in the unique particulars of your case is essential as often a case can...

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Imputation of income

One of the most important and most difficult aspects of determining the final outcome of a dissolution of marriage (divorce) in the State of Florida is deciding on the income allotted to each spouse. This amount, will of course, determine how much spousal support (alimony) will be paid/received and, if minor children are involved, how much child support will be paid/received. Both parties are subject to the scrutiny of the legal guidelines for determining income found in Florida Family Law Statute 61.30 and include imputed income when either party is self-employed as well as imputed income when either party can...

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Enforcing a Marital Settlement Agreement

A Marital Settlement Agreement, as defined by Nolos Plain English Law Dictionary is “The document that sets out the terms of a divorce settlement between two spouses. The marital settlement agreement (MSA) is usually incorporated into the final judgment so that it has the force of a court order.” Areas covered in a MSA include division of marital property both real and personal, marital debt, alimony (spousal support), parental timesharing, and child support. And, depending on an individual case, other concerns such as relocation parameters, attorney fees, and/or a monetary settlement other than alimony may be a part of the...

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All About a Self Employed Spouse and How to Impute Income

In almost all instances, when a couple is going through a disillusion of marriage (divorce) probably the most contested and important item is the financial outcomes which will largely determine the future of each spouse. While it is true parental timesharing (custody), when there are minor children involved, probably ranks the highest concern, without adequate financial considerations both in child support and alimony, the ability to care adequately for a minor child can be severely hampered. Income and expenses of both parties are considered when determining how monies should be adjudicated. And, while this sounds simple to do, in reality...

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What is a Forensic Accountant’s Role in a Divorce?

Most frequently a forensic accountant’s role in a divorce (now termed dissolution of marriage) is in the courtroom as an expert witness. As an expert witness the forensic account is allowed to testify in his/her area of expertise even though never having, been witness to any occurrence relating to the lawsuit. The areas of expertise of a forensic accountant include accounting, auditing, and investigative skills involving monetary considerations and concerns. And, when it comes to a divorce, there are a number of monetary considerations and concerns where the expertise of a forensic account can often prove or disprove an issue...

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Alimony Income Used to Boost Mortgage Approval Chances?

Alimony income can be used to boost mortgage approval chances since it is considered as income for banks. First let’s take a look at what alimony income would look like. In most states there are five types of post divorce alimony, that is money received following a divorce which one party receives from the other, usually in monthly payments. Lump sum alimony is an exception as it is one large payment following the final judgment and no more payments in the future. Permanent alimony is an adjudicated amount paid monthly for the life of the recipient unless the recipient remarries, has...

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Is Paying Alimony Tax Deductible?

Yes, paying alimony can be tax deductible. However, there are guidelines to be followed both by the person receiving and the person paying alimony. Here is what you need to know. Alimony, which can also be referred to as spousal maintenance or spousal support, occurs when, following a divorce or separation, one spouse is adjudicated to pay the other spouse a determined amount of money. The award of alimony can be temporary, just for the duration of divorce litigation, permanent, for the lifetime of the recipient unless the recipient remarries, or within a given time frame as determined in rehabilitative, durational,...

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All About Alimony

Alimony is financial support provided by one spouse to the other as legal obligation during the process of divorce or for a certain period of time following a final divorce. Courts in general require the spouse who earns more to help support the spouse who earns minimally. There are different types of alimony and each serves a distinct purpose and has different requirements. Permanent Alimony Permanent alimony is to help a spouse with low income or with no income at all. This type of alimony is likely to be granted following a long-term marriage, typically a marriage spanning more than 17 years....

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