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500 Village square crossing, #103 Palm Beach Gardens, FL 33410
Grant J. Gisondo, P.A. – Family Law Attorney

Alimony

Florida Alimony Laws: Temporary vs. Permanent Support Payments

Understanding alimony is not just a legal requirement but a crucial step towards securing your financial future when navigating a divorce in Florida. Terms like 'temporary' and 'permanent' alimony may sound daunting, but understanding their key differences can put you in the driver's seat. These two types of spousal support serve distinct purposes within Florida's legal framework. Temporary alimony provides immediate financial assistance during divorce proceedings, while permanent alimony offers long-term support after the divorce is finalized. As you consider your options or prepare for negotiations, it's essential to grasp how Florida law distinguishes between these forms of support. This...

Florida’s Laws on Modifying Child Support and Alimony

When and How to Seek Changes Understanding Florida's laws on modifying child support and alimony is crucial. These agreements can be altered under specific conditions, and knowing when and how to petition for these modifications is vital for both parties involved. Whether it’s due to changes in income, health, or other life circumstances, here’s a comprehensive guide on when modifications are permitted and how to navigate the legal process in Florida. Understanding When Modifications are Allowed When it comes to modifying child support or alimony in Florida, a 'substantial change in circumstances' is a key requirement. Understanding this legal standard is crucial, and...

Understanding Alimony in Florida

Alimony, also known as spousal support, is a financial arrangement that ensures the lower-earning spouse can maintain a similar standard of living post-divorce. In Florida, alimony is determined based on various factors and can be a complex subject to navigate. This blog post is dedicated to providing you with a comprehensive understanding of alimony in Florida, including its types, determination factors, and modification rules, so you can make informed decisions during your divorce. Types of Alimony in Florida Florida law recognizes several types of alimony, each serving different purposes and varying in duration and amount: Temporary Alimony: Purpose: Provides support during the...

Alimony and Child Support: Understanding the Interplay in Divorce Cases

At Gisando Law in Palm Beach, FL, we understand that divorce can bring significant financial challenges for both spouses, especially when it comes to issues of alimony and child support. In many divorce cases, these two forms of financial support intersect, leading to questions about how they are calculated and how they impact each other. This blog post will explore the interplay between alimony and child support in divorce cases, helping you understand your rights and obligations. Alimony: Alimony is financial support paid by one partner to another after a divorce. Its purpose is to help the recipient spouse maintain a standard...

Will I Still Receive Alimony If I Move In with My New Partner? The Impact of Cohabitation on Spousal Support in Florida

Divorce brings about significant changes in the lives of those involved, including financial adjustments such as alimony payments. A common concern that many individuals in Florida face is whether moving in with a new partner affects their alimony arrangements. In this comprehensive guide, we'll explore the intricate landscape of alimony laws in Florida, shedding light on the potential consequences of cohabitation with a non-relative on spousal support. Understanding Florida Alimony Laws Florida recognizes various types of alimony, each serving a specific purpose in addressing the financial needs of the parties involved. The four main types are: Bridge-the-Gap Alimony: This type of alimony...

Decoding Alimony Calculations: A Guide to Understanding How Judges Calculate Alimony in Your Florida Divorce

Divorce is a complex and emotionally challenging process, and one of the critical aspects that individuals often grapple with is alimony. In the state of Florida, the calculation of alimony involves a thorough examination of various factors, each playing a unique role in determining the financial responsibilities of each party. This blog post serves as a comprehensive guide, decoding the intricacies of alimony calculations in Florida divorces. From exploring the types of alimony to understanding the factors the court considers and addressing special considerations, we aim to empower individuals with the knowledge they need to navigate this aspect of divorce...

Understanding Post-Judgment Alimony Modifications: A Guide for Floridian Divorcees

Divorce is a challenging journey, and alimony agreements often play a pivotal role in ensuring financial stability for parties involved in the dissolution of marriage. However, life is unpredictable, and circumstances may change post-judgment, leading to the necessity of modifying alimony arrangements. In the state of Florida, understanding the nuances of post-judgment alimony modifications is crucial for those navigating this complex terrain. This comprehensive guide aims to shed light on various aspects, from the types of alimony in Florida to the legal processes and alternative dispute resolution methods available. Understanding Alimony in Florida Types of Alimony Florida recognizes various types of alimony, each...

Alimony Guidelines in Florida: State-Specific Laws and Calculation Methods

Alimony, often referred to as spousal support, is a crucial aspect of divorce proceedings, especially when one spouse has been financially dependent on the other during the marriage. In the state of Florida, alimony guidelines and laws provide a framework for determining the appropriate amount and duration of support. Understanding these guidelines and the calculation methods is essential for both spouses to ensure a fair and just resolution. In this article, we will explore the alimony guidelines in Florida, state-specific laws, and the methods used to calculate spousal support. Types of Alimony in Florida Florida recognizes several types of alimony, each serving...

Alimony and Spousal Support: Understanding Your Rights in Florida

Divorce can be a challenging and emotionally charged process, with numerous legal matters to consider. One crucial aspect that often arises during divorce proceedings is alimony or spousal support. In the state of Florida, understanding the intricacies of alimony laws and knowing your rights is essential. This blog post will explore the basics of alimony and spousal support in Florida, providing valuable information to help you navigate this often complex territory. Understanding Alimony Alimony, also known as spousal support, refers to the financial assistance provided by one spouse to the other following a divorce or separation. The purpose of alimony is...

Can Men Get Alimony In Florida?

In Florida, the concept of alimony, also known as spousal support, has undergone significant changes over the years. It used to be that alimony was primarily awarded to women as men were traditionally considered the primary breadwinners. However, times have changed, and now more and more men are seeking alimony from their former spouses. So, can men get alimony in Florida? The short answer is yes. Under Florida law, gender is not a factor when determining whether a spouse is entitled to receive alimony. Rather, the court will consider various factors in determining whether to award alimony and how much should...

Understanding Florida Alimony

Alimony, or as it is often called, spousal support, is a monetary award given to one party in a divorce (dissolution of marriage). As each state has its own statutes spelling out exactly how to obtain a divorce in that state, alimony is one of the topics covered. Therefore it is important to check the statutes of the state where the couple resides to determine how alimony is handled in their state. For persons seeking a divorce in Florida, they can research Statute 61.08 to learn the details of alimony in Florida. Here follows a brief summary of the types...

There is No Favoritism in The Law

For many years it seemed that family courts were biased in favor of one party or the other in a divorce, especially when minor children were involved. As time has gone on, however, family courts have changed in the way they administer justice until there is now no favoritism in a judge's decision regarding divorce issues such as alimony, child support, and who will care for and nurture the minor children. (A child is considered a minor from infancy to age l8 and beyond if the child is unable to support themselves due to severe mental or physical disability.). Here...

How Much Alimony Can I Expect to Pay?

Alimony, frequently referred to as spousal support, is a monetary amount awarded to either spouse based on a variety of factors, including: A proven need for alimony must be present. It must be shown that a party needs alimony to manage finances during the transition from married life to single life. A party does not have the skills or education to gain employment at a level needed to support themselves without the help of a spouse. One party has stayed home during the marriage and provided care for the home and children, if any, while the other spouse has been...

What Is the Difference Between Alimony and Child Support?

The simple answer to the question What is the difference between alimony and child support is that alimony is a payment made from one spouse to the other for various issues involving support or deserved monetary award. In comparison, child support is a payment from one spouse to the other to help pay for the care of a couple’s minor children. Let’s take a detailed look at each type of support. Alimony: Each state has its own set of guidelines for alimony, so that this blog will focus on Florida. There a six types of alimony or, as more recently termed,...

What is the Role of a Forensic Psychologist in Child Custody Cases?

Before looking at the role of a forensic psychologist in child custody cases, it makes sense to look at the definition of a forensic psychologist and what their role is. As defined by the American Psychology Association, it is “the application of clinical specialties to the legal arena.” In other words, according to author Jane Tyler Ward, Ph.D., forensic psychology is “the physiological assessment of individuals who are involved in one way or another with the legal system.” She goes on to say the most important skills a forensic psychologist must have are solid clinic skills that include “clinical assessment,...

The Importance of Choosing the Right Mediator During Litigation

Mediation is the agreeing of two parties to solving a legal issue such as a divorce or child support modification by the process of compromise. Each party is usually represented by their attorney, who helps the party look at all offers and consider if a compromise can be reached, and the issue solved. Reaching an agreement in mediation is less expensive than going to court, both in legal fees and court costs. Additionally, In mediation, the parties have control over the outcome of their litigation rather than a judge deciding for them. The mediation transcripts are private and cannot be...

Should You Tell Your Children You Are Getting Divorced?

The answer to this question is really more when you should tell your children you are getting divorced. Eventually, even a very young child will find out Mommy and Daddy do not live together anymore. What is important is to think about a number of considerations before sharing the sad news with your children. Here are some tips to help you think through and decide how best to share the news about the divorce. First and foremost, you should, as parents, work together to decide when it is best and when how to tell your children about the divorce. Hopefully,...

How Are Marital Homes Handled in Divorce

In a dissolution of marriage (divorce), Florida is an equitable distribution state for dividing marital assets and liabilities, including real estate, which includes marital homes. While a judge will often order a marital home sold and the equity divided 50/50, there are other ways the marital home asset can be handled. Equitable means fair rather than equal, so Florida Family Court has a variety of options. Before any option handling a marital home is presented, the true ownership of the home must be established. If the home belonged entirely to a party before marriage, he or she would continue to own...

How Can a Forensic Accountant Assist in a Dissolution of Marriage?

Before looking at how a forensic accountant can assist in a dissolution of marriage (divorce), it is important to understand the job qualifications associated with forensic accounting. A person using this title is someone who is trained and educated, and licensed to investigate and give qualified reports in the areas of accounting, audits, and issues involving the financial status of an individual or a business. A forensic account is considered by the court an expert witness, which, according to Legal Dictionary.com is “a person who is a specialist in a subject, often technical who may present his/her expert opinion without...

How to Effectively Coparent DURING a Dissolution

Dissolution refers to the now used term dissolution of marriage that replaces the term divorce. Dissolution comes from the word dissolve, which in effect is what happens to a couple’s relationship. When minor children are involved by virtue of the fact they were born to or adopted by the couple, there are dynamics involved requiring co-parenting. Minor children are children from birth to eighteen years or longer if a child is unable to support themselves independently for physical or mental reasons. When a dissolution, divorce, is final, there will be a shared parenting plan and parental timesharing schedule legally in...

Florida Bars Board Certification Part 2

How does the Board Certification of a lawyer help the client? As mentioned in part one of the blog Florida's Bar Board Certification, in l982, a voluntary program to help the public select lawyers distinguished in their special area of law was organized to be officiated by the Florida Supreme Court and administered by the Florida Bar. The certification has become the gold standard for lawyers. It gives prospective clients the assurance a board-certified lawyer has gained expertise in their chosen area of law and a high-performance rating in ethical practice and professionalism. All this sounds impressive, but how does board...

Florida Bars Board Certification Part 1

Description of the program and what it means to be Board Certified. For many years there was no way for the public to select lawyers distinguished in their particular area of law. Then, in l982, a voluntary program officiated by the Florida Supreme Court and administered by The Florida Bar was created called Board Certification. A lawyer must be in active practice for at least five years, be in good standing of the Florida Bar, and meet the standards subscribed by the Florida Supreme Court before he or she can begin the process of becoming board-certified in their area of practice....

Florida is an Equitable Distribution State. What Does That Mean?

One of the most difficult issues to mediate or for a judge to rule on is the division of assets and liabilities. In other words, how will marital monies, properties, businesses, and debts be divided between the two spouses? In some states, Oregon, Nevada, Texas, Arizona, New Mexico, California, Wisconsin, Wyoming, and Louisianna, all assets and liabilities coming under the heading of “marital” that are obtained since the marriage will be divided evenly or, as often termed, equally. These states are sometimes referred to as common property states. All the rest of the states (except Alaska, where a couple can...

The Importance of a Guardian Ad Litem in a Dissolution Case

To start, it is important to understand the terms referenced in the title, “The Importance of a Guardian Ad-Litem in a Dissolution Case.” Guardian Ad Litem Is a trained person whom a court may appoint to look into solutions that are in the best interest of the child. In Florida, the motto of Family Court is “in the best interest of the child,” which basically means, after determining the needs of the minor child, to put the needs of the minor child first before the needs of the parents. To quote from Google: “ Best interest determinations are generally made by...

Calculating the Marital Portion of Nonmarital Property When Marital Money Was Used to Pay Down the Principal Note and Mortgage

One of the confusing issues that sometimes accompanies a divorce proceeding is calculating the marital portion of nonmarital property when marital money was used to pay down the principal note and mortgage. In other words, when one party has been buying a home with their own funds prior to the marriage, the home is considered nonmarital as it was purchased before the marriage. However, following the marriage, both parties pay toward the mortgage and principal. Monies gained following the marriage are considered marital funds, and in a divorce, the settlement will be calculated as such. In Florida, Family Law Statute...

20 Factors the Court Considers in Order Timesharing with a Minor Child

In Florida, when it is determined that biological or legally adoptive parents are fit physically, mentally, and have not been convicted of child abuse or domestic violence, or are incarcerated, the care and nurturing of minor children (children birth through eighteen or longer if a child cannot support themselves) will be granted by a timesharing order. There are 20 factors that the court considers when drawing up the timesharing order. These factors are all contained in Florida’s Statute 61:13. The following paraphrase for each factor will help you understand how a judge will look at each timesharing situation. Show parents...

Mediation can be a Win, Win for Both Parties

In many states, including Florida, mediation is required for most cases before the case can be scheduled for a court date. This is done for a variety of reasons which, in the end, if mediation is successful, can be a win, win for both parties. Mediation is where both parties and their attorneys try to agree on the outcome of the case in question. A trained mediator, often an attorney, will keep the conversations on track and remind the parties how important it is to seriously consider compromise in order to resolve the issues. Taking a look, for example, at...

Do You Need an Attorney to Represent You?

Attorneys cost money, and rightly so. They have spent years getting a legal education and then passing stiff state exams in order to practice law. And, if that isn't enough, attorneys must continually keep mindful of ever changing laws and regulations. Too, there is the expense of an office, a staff, and the myriad of expectations put on an attorney socially as well as professionally. Most people like to keep as much money as they can, so when it comes to legal matters, there is a great temptation to omit the use of an attorney and go it alone. Sometimes this...

Tips to Prepare for Your Day in Court

Going to court is often a scary thought, especially when you really have to go to court. Depending on your personal ability to handle stress can make a difference. There are, however, several tips for even the self-assured person to consider as he or she prepares for their day in court. Probably the most important tip is to make sure you understand what you and your attorney hope to achieve. In other words, what outcomes are you looking for, and what strategy does your attorney plan to take. Just letting your attorney fly alone can be a let-down if you...

Support Without Dissolution Under Florida Statute 61.09

Dissolution of marriage, i.e., divorce, is usually the vehicle that a spouse uses to receive child support and or alimony. However, there are instances when financial support is needed and rightfully deserved, but the needful party does not want a divorce. In such an instance, each state has its statutes defining how family law will be carried out. In Florida, there is a statute, number 61.09, which states, “If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is...