Blog | Family Lawyer Grant J. Gisondo in Palm Beach Gardens

16 March

Sticky

Imputation of income

in Alimony, Child Support, Divorce Law News, Family Law

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...

15 March

Sticky

What is Voluntary Underemployment?

Posted by Grant Gisondo

in Divorce Law News, Family Law

In plain English, voluntary underemployment is when an individual chooses to not work for pay or to work at a job that does not reflect that person’s skills, abilities, or education. But why would this make a difference in a Family Law case involving child support or alimony? As long as a person is managing on the income available to them, what difference does it make? In the state of Florida, for example, it does make a difference, which is spelled out in Florida Statute 61 covering dissolution of marriage (divorce), child support, and parental timesharing (custody). By looking at...

02 March

Sticky

All About a Self Employed Spouse and How to Impute Income

Posted by Grant Gisondo

in Alimony, Child Support, Family Law

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...

18 January

Sticky

Why Minor Children Should Not Testify Against Their Parents – A personal Opinion

Posted by Grant Gisondo

in Family Law

Minor Children Should Not Testify Against Their Parents

The opinion presented in this blog is representative of Family Law Attorney Grant Gisondo who practices in West Palm Beach, Florida. Questions were asked to Dr. Julia Meldau, Ed. D, majoring in Child and Youth Studies, who has worked professionally with young children for many years both as teacher and school administrator. There were numerous times when minor children in her professional care were a part of a court litigation such as a custody dispute, divorce contention, and/or a child abuse or criminal allegation against their parent(s). While it would seem the best way to obtain first hand information regarding...

18 January

Sticky

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

Posted by Grant Gisondo

in Alimony, Child Support, Divorce Law News, Family Law

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...

19 December

Sticky

The Use of Expert Witnesses at Trial (Forensic Accountants and Psychologists)

Posted by Grant Gisondo

in Family Law, Legal Advice

While, in most instances, someone who is to be a witness at a trial must have, by the use of one or more of their five senses, experienced some aspect of the case they will be testifying for. There are however exceptions and these people are called “expert witnesses”. An expert witness is defined as” a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been witness to any occurrence relating to the lawsuit or criminal case”. Further, Wikipedia goes on to say, “An expert witness in England, Wales, and the...

21 November

Sticky

Knowing When to Settle and When Not to Settle

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

Settling, in the legal sense, refers to deciding that the outcomes desired to culminate a case, such as a divorce, have reached the place where no more can or should be done to litigate the issues under consideration. At this point, be it at mediation or in an attorney’s office, a settlement agreement will be executed then presented to the judge for scrutiny at a final hearing so that the Judge can turn the parties agreement into an order of the Court. It is highly unlikely either party will be 100% happy with the outcome but a settlement indicates both parties were willing to compromise and...

24 October

Sticky

Setting Aside Prenuptial Agreements in Florida

Posted by Grant Gisondo

in Family Law, Prenuptial Agreements

Prenuptial agreements made in the state of Florida are, for the most part, accepted by the court in the event of a legal separation or divorce. There are certain instances, however, when a judge will set aside a prenuptial agreement, which he/she is allowed to do under the Florida Family Law statutes. If you are looking to create a prenuptial agreement, that is an agreement made before you marry, deciding, if a divorce happens, specific outcomes for such issues as assets, debts, alimony, retirement funds, and inheritance (especially in regards to children from prior marriages) you need to be very...