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Grant J. Gisondo, P.A. – Family Law Attorney

Alimony

Home > Alimony

How Mediation Can Bring Your Case to a Close Faster and Cheaper

Mediation, defined by Florida’s. Nineteenth Circuit Court—Family Mediation Program “is a process in which two people work together with a neutral third person (the mediator) to discuss the issues in their case and try to work them out. Mediation often occurs with both people in the same room.” In Florida, mediation in the Family Law courts is, for most jurisdictions, a requirement for a couple seeking dissolution of marriage (divorce) or modification of child support, timesharing, parenting plan, and alimony (the types which can be modified). Many of those seeking a divorce think the step of mediation is an unnecessary...

Does Infidelity Affect Alimony?

The answer to the question, “Does infidelity affect alimony?” is “yes.” But why is this so when at least in Florida which is a no-fault divorce state there does not have to be a reason for granting a divorce (now termed dissolution of marriage) other than the desire of one of the parties to end the marriage? Taking a look at the words infidelity and alimony with the additional observation of how infidelity can affect the award of alimony will help answer the question under consideration. Infidelity: As defined by Wikipedia (synonyms include: cheating, straying, adultery {when married}, being unfaithful or...

Divorces on the Rise?

Divorce, or dissolution of marriage as it is termed in most states, has, with little exception, been on the rise since the early 1900s when the divorce rate was around 5%. Back then, women had few rights and were usually not in a position to support themselves should they seek a divorce. Men were even allowed to abuse their wives as in the eyes of most people; the woman was the property of her husband. Slowly, as woman gained the right to vote, to own property, to get a university education, to work outside the home, and to have the...

In What Order Does the Court Handle Issues?

PEACE (parenting plan, equitable distribution, alimony, child support, everything else like attorney fees) As with most official situations involving a series of issues, when it comes to dissolution of marriage (divorce) the court will have an order to determine the outcome of resolutions in question. In Florida, there is an acronym, PEACE, which represents the order the court will use to handled is solution of marriage once the case is heard in a courtroom before a judge. Here is what each letter of PEACE stands for: P—parenting plan: In Florida, all couples who are parents of a minor child, either by...

Attorney Fees-In Florida, Which Party Has to Pay Them?

Sometimes, when a couple agrees on all issues and has no children or jointly owned real property, they can handle getting a divorce without the help of an attorney. There will still be court costs but no attorney fees. For couples who must use an attorney to obtain a divorce successfully, the cost is significant and can become a hardship and bone of contention. This is especially true if one or the other party does not want the divorce, if such reasons as adultery or abandonment are the cause, or if one party is better able to afford attorney fees. While...

How Does Alimony Affect Child Support?

Going through a dissolution of marriage (divorce) in Florida when there are minor children, that is children under the age of l8 or who cannot take care of themselves, requires the awarding of child support. To calculate which parent will be the receiver and which parent the giver, and how much monthly payment will be ordered, Florida Family Law has developed a Child Support Guidelines Worksheet. Such factors as income, health insurance costs, mandatory expenses (example special dietary food requirement), and special expenses such as the cost of travel to and from work will be taken into account. You can...

2019 Alimony and Tax Laws

For 75 years tax laws surrounding alimony have stayed the same. This has meant the person receiving alimony would pay taxes on the amount and the person giving alimony could take the amount of alimony as a tax deduction. While this may not seem significant, for those in high-income tax brackets an increase or decrease in taxable income can change the percentage rate on their taxes by putting them in a higher or lower tax bracket. Additionally, the person receiving alimony would not be able to keep the entire amount as whatever percentage of taxes paid would be taken out...

Who Gets the Dog?

About two years ago a well-received movie who gets the Dog gained the attention of many Americans. The theme of the movie revolved around a couple who had a beloved dog that neither was willing to part with because of their pending divorce. While the movie provided a great deal of humor, in reality, it isn’t funny when a couple desires a divorce but neither party wants to give up claim to a treasured dog. Since the movie, public awareness of the “who gets the dog” issue has increased and courts are being pressured into making the guidelines for the...

How Long Does It Take to Get Child Support?

Unfortunately, there is no time frame allotted for getting child support. While the party desiring child support may feel it is an emergency, the legal system has its specified procedures which must be followed before adjudication for child support will be finalized by a judge. Taking a look at the procedures needed to obtain child support will help to show why there is no set time limit for obtaining a judgment. Too, each state has its own set of guidelines for obtaining child support and these can be found in the State Statutes. So, for this discussion, the state of...

How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

In reality, the answer to both questions is “it depends on the complexity of the case, the backlog of the court, competency of representing council, and how fast facts, proof, and witnesses can be appropriated and put together. As each state has their own set of guidelines, as found in their statutes, there is no absolute amount of time prescribed for either the length of time it takes for a divorce or for a paternity agreement. Taking one subject at a time, there are issues which can be at least itemized in sequence, if not in length of time. Taking...

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