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Temporary Relief

Understanding what it is all about. First, lets take a look at just what temporary relief means in reference to legal matters in Florida Family Law. As the words imply, temporary means an indefinite period of time and relief means to give help to improve a situation. In legal matters the terms indicate that the judge can order relief, often financial, for a proven need for the duration of the litigation starting from the date of the relief hearing and lasting until there is a final judgment order. There are a number of reasons a party might need temporary relief during...

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All About Attorney Fees

How to get your spouse to pay them Even when you think you should qualify for help paying your attorney fees and you follow the Florida statutes’ guidelines, which allow for payment of reasonable attorney’s fees from one party to the other party, there is no guarantee that the court will agree. It is interesting to note, however, that in Florida the courts are concerned that each party be represented by legal counsel and one party who is much better able to pay attorney fees than the other party should not be able to take advantage of the other party by...

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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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The War on Women in America

Here are 12 facts you may not know The war on women is real, or so it seems if one realizes some of the recent laws involving women’s rights. In addition, a look at the present political climate wanting to change or lessen the strength of laws regarding woman’s rights that exist in America today makes one feel there may truly be a “war on women”. While there have been great strides over the past 100 years in recognizing the value of women and allowing them many rights such as owning property while being married, voting, working outside the home, and...

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All About Relocation With a Minor Child – Part 3

What you need to know about temporary relocation. This final blog in the series relating to relocation with a minor child in the state of Florida will explain important information regarding the reasons for and how to obtain the courts permission for temporary relocation. As explained in the first two blogs it is considered breaking the law if a parent or person having timesharing with or access to a minor child chooses to permanently relocate for more than 60 consecutive days and a distance of greater than 50 miles without first obtaining permission to relocate from the court in the form...

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All About Relocation With a Minor Child – Contested (Part 2)

What to do when a petition to relocate is contested?  As detailed in Part 1 of All About Relocation With a Minor Child Uncontested, the state of Florida has mandated that no person who is part of a parenting plan (custody) or has timesharing with or access to a child (visitation) as determined in the final judgment of the parent’s dissolution of marriage (divorce) can relocate themselves, with or without the minor child, further than 50 miles from their legal primary residence at the date of final judgment for more that 60 consecutive days. And, there are just three ways a...

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All About Relocation With a Minor Child – Uncontested (Part 1)

What steps to take when all parties agree uncontested, court ratified relocation  In Florida, where and with whom a child lives following a divorce or dissolution of marriage as it is now termed, is determined by a parenting timesharing plan which is drawn up by the parties involved, worked out at a mediation (required before a judge will hear a case), or determined by a judge in court. Unless very strict guidelines require sole parental responsibility, Joint responsibility, better known as shared parental responsibility for the child, require both physically and in decision making is how, since 2009, Florida has determined what is “best for the child”. One...

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Disestablishment of Paternity

Disestablishment of paternity essentially means that a male who has been adjudicated to pay child support for a child thought to be fathered by him, has proof that he is, in fact, not the biological father of said child and desires the court to eliminate him (disestablish) as the father (paternity). Quite naturally the alleged father does not want to continue to pay child support for a child he did not father, but until the court disestablishes his paternity he must continue to pay. An experienced family law attorney such as Grant Gisondo, PA whose office is in West Palm...

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All About Prenuptial Agreements

Can they be set aside? A prenuptial agreement, sometimes referred to as a premarital agreement, is a written contract between two persons planning to be married. It must be entered into voluntarily on the part of both parties, always in writing, signed by both parties, witnessed, and notarized. These conditions must be met if the prenuptial agreement is to be upheld in the courtroom. Additionally, a prenuptial agreement can be set aside if it can be proven either party has lied or failed to give full financial disclosure at the time of signing. If one of the parties does not understand...

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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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