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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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Considering a Divorce in Florida, What Can You Do?

Here’s where you can start and what comes next. First and foremost you and your spouse need to try all avenues, including counseling, to try to reconcile and keep your marriage intact. However, when you have definitely decided to seek a dissolution of marriage (this is the legal term now used for the word “divorce”), what comes next? This blog will focus on Florida, remembering each state has different guidelines and laws regarding divorce. In Florida it is possible to go to the courthouse and pay for, fill out, and file your own paperwork to begin the legal process for dissolution of...

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All About Child Support Calculations

Divorce or the severing of a relationship where a child or children have resulted, is rarely easy or without dissension. One of the most frequently asked questions is how much child support monies will be awarded. This is a concern from both the standpoint of how much money one parent (this can be either the mother or the father and is usually the custodial parent) will receive and how much money the other parent (usually the non-custodial parent) will need to pay. In the state of Florida child support amounts are usually determined by factoring how many children are involved, how...

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