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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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Same Sex Marriages and Domestic Partnerships

What you need to know about same sex marriages and domestic partnerships According to Wikipedia, the online dictionary, “A domestic partnership is an interpersonal relationship between two individuals who live together and share in common domestic life but are not married (to each other or to anyone else).” In the state of Florida there is no statewide recognition of domestic partnerships. However, nine counties do recognize domestic partnership and they are Palm Beach, Monroe, Broward, Miami-Dade, Pinellas, Orange, Leon, Sarasota, and Volusia. Legal issues surrounding these relationships including, but not limited to, separation involving distribution of assets, child support and parental timesharing...

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Custom Parenting Plan

Why is a custom parenting plan, developed for a specific case, so important for the parents and child? In years past, actually prior to 2008, the Parent Timesharing guidelines were mandated in Florida Statutes to replace the terms “child custody” and “visitation”. Before the change, the where and with whom minor children were to reside and how much time each parent was to share with their child/ children was set up with one parent the primary parent. Even though the court did not intend for one parent to be superior to the other, it often turned out that the parent having...

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Modification of a Final Judgment as Related to Child Support

First, let’s a look at the terms final judgment and child support: Final Judgment: This is the finished document signed by the presiding judge overseeing a couple’s dissolution of marriage. It will contain the ways in which each spouse will govern their obligations to each other and to their children (if there are any). Each case is different and there are a myriad of items, which may be part of the final document, the issue of child support being one of them. This document can also be used to stipulate child support requirements for non-married couples whose union has produced children...

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Modifying a Final Judgment as Related to Time-Sharing

Before looking at the actual modification process it is important to understand the terms Final Judgment and Time-Sharing. Final Judgment refers to the finished document signed by the judge overseeing the couples divorce or as it is now called, dissolution of marriage. It can also be the final document for separating, non-married parents seeking to have a court order defining the time-sharing of children resulting from their union. It will spell out exactly how much time each parent should have with their child/children and when this time should occur. Time-Sharing, formally called child custody, determines how much time and when each parent...

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What Happens to Retirement Assets in a Divorce Settlement?

We so often think of divorce, or dissolution of marriage as it is now termed, as usually happening to couples in their twenties and thirties. So why, then, would there be much concern with retirement assets as there would likely be little to consider unless the couple was wealthy? In truth, however, a phenomenon termed Gray Divorce, that is divorce involving couples over the age of 50, is occurring in the US at an alarming rate. According to sociologists at Bowling Green, Ohio, State University who did an in depth study of Gray Divorce, the rates for older couples divorcing...

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