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

Alimony

Grant J. Gisondo, P.A. > Alimony (Page 2)

Is Your Case Ripe for a Modification? Here are the Standards You Must Satisfy

As with many situations in life, circumstances change as time goes on. This is true of court-ordered spousal support (alimony), child support, and time-sharing. When either party finds him or herself in a position where they think there is a need for modification, Florida Family Courts have very definite standards in place. Obtaining a modification is not easy, but it can be done. The following guidelines will help you decide if your situation will qualify for a hoped-for modification. However, it is always best to seek the advice and help of an experienced Family Law Attorney when seeking a modification...

What is Simplified Dissolution in Florida?

For many years the courts used the term “divorce” to signify the legal ending of a marriage. In those days, there needed to be reasons a marriage could be terminated, such as adultery, misconduct, and emotional or physical abuse. A reason for divorce had to be proven before a court would end a marriage. As time has gone on, however, there have been radical changes in how a marriage can be legally terminated. In many states, including Florida, the term “divorce” has been replaced by the term “dissolution of marriage.” In many states, including Florida, there need be no reason...

Social Media Posts and Photos Can Be Used Against You in Court

Social media, the blessing, and curse of the modern world. YouTube, Facebook, Tumbler, Twitter, Snapchat, Instant Messenger, Linkedin, Instagram, and Pinterest are examples of social media options. It is amazing to be able to talk with and see people around the world. You can take videos of activities, people, and just about anything the mind can think up. Information is non-ending, and music and art abound. Authors Marisa A. Tradatti and Anna C. Horevay  write, “There is a whole generation of people for whom tweeting is as natural as breathing, for whom the word ‘friend’ has become a verb and...

What is a Retainer? Why Do I Have to Pay One?

A retainer, in the legal sense, is an up-front fee paid by a potential client to ‘’retain” or hold the time and expenses an attorney may need to litigate a case properly. The definition of payment by retainer provided by the Legal Information Institute is “A fee that the client pays up-front to an attorney before the attorney has begun work for the client.” A specific outcome is not guaranteed, but rather the attorney will be working on the client’s behalf until an outcome is reached. There are three types of retainers: Retaining fee: an up-front retaining fee held by...

Why an Attorney Will Not Give You Legal Advice in a FREE Consultation

When considering this question, the first thing to clarify is the difference between advice and information. Advice: as defined by online Find Law states, “Legal advice refers to the written or oral counsel about a legal matter that would affect the rights and responsibilities of the person receiving the advice. In addition, actual legal advice requires careful analysis of the law as it applies to a person’s specific situation—as opposed for speculation based on generic facts.” Here an attorney would learn the specific facts of a client’s case and do research to determine how best to proceed. Often just getting ready...

Does “Presumption” Play a Part in Awarding Alimony in a Short-Term Marriage?

Sometimes the law uses big words to define a legal situation. Such is the case with the word “presumption,” a word not commonly used. The words assume and presume, however, are frequently used and are helpful in understanding the word “presumption.” If you presume or assume something to be true or false, you base your decision on thoughts and ideas not necessarily yet proven to be fact. For example, you might presume it is cold outside, and you need to wear a coat as the furnace is running and yesterday it was cold outside. You may or may not be...

Alimony Reform 2020 Was Denied!

Much to the disappointment of many yet the approval of, even more, the Alimony Reform 2020 Bill in the Florida Courts was denied in early March. While this is a significant setback for many, it is not the end as there will be other bills in the future attempting to accomplish much the same thing. For those who aren't sure what the bill was hoping to accomplish, the following summary should help. Fundamentally it was hoped that permanent alimony in Florida would end. Permanent alimony is a type of Florida alimony, usually used when marriages are over l7 years in length,...

What is a Supportive Relationship to Terminate Alimony (fla. state 61.14)

In Florida, there are six kinds of alimony or, as now termed, spousal support. The change to the term spousal support is largely due to the fact support during and following a divorce can be awarded to either spouse, husband, or wife. For many years, alimony was almost always given only to a woman, and so a new term helps identify that either party is eligible to be considered for financial help. One kind of alimony awarded is termed permanent alimony as it is awarded for life until either party dies or the party receiving alimony payments remarries or enters...

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 birth...

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...

Am I Headed for Divorce?

How do I know a divorce is likely in my future? There are many signs, some known ahead of time and some that come as horrible surprises, to indicate the likelihood a divorce will happen. Here are 6 of these reasons: You have been served with divorce papers and now have 20 days to answer the petition for dissolution of marriage, the term used in most states for “divorce”. You are certain there has been infidelity. This certainty can come from situations including finding your spouse in bed with another, frequent late nights which turn out to be lied about,...

How to Strategically Plan for a Divorce

Strategic planning sounds like something one does when fighting a war. And, in truth, many divorces are much like a war, with opposing sides, each trying to win the battle and take home the spoils. Sad as this seems, especially as at one time there was love and the hope of a future lifetime together, it is a reality, for at least 50% of the marriages in the US will end in divorce. So, as in war, it is best to strategically plan, usually and most advisably, with the help of an experienced Family Law attorney. Whether you are the...

Domestication of a Foreign Order (Child Support, Alimony, etc) in Florida

The title, “Domestication of a Foreign Order”, implies the order needing domestication is from outside the United States. While this is true in some instances, the majority of orders in this category result from moving to another state outside the state where the order was adjudicated. We live in a mobile society. Many people move from place to place every few years or even more often. Jobs move employees, people marry and move with their spouse, or sometimes people just want a change in their environment or a place with better educational opportunities for their children. And, since every state has...

Alimony and Standard of Living Factor

For alimony, what does the factor “standard of living” during marriage really mean as a factor to determine the amount of alimony? One of the most disputed and controversial aspects of a dissolution of marriage (divorce), is the type and amount of alimony (spousal support) to be awarded to whichever party deserves the support. This is especially true in what is called “high end” or “high earner” marriages. Sometimes millions of dollars are at stake and, while a couple can, and often do, create their own settlement during a mediation prior to a court hearing (in the state of Florida a...

Modification or Termination of Alimony

In the state of Florida, certain types of alimony can be modified or changed after a judgment is handed down and there are some instances when alimony can be terminated or stopped altogether. In all cases, there must be proven a material, substantial, and unanticipated (prior to final judgment) change before a case can even be considered. In other words, cause for modification must be serious enough such as a critical illness, winning the lottery, an unavoidable job loss; must have a specific time and or monetary value; must not have known to occur prior to the judge’s decree such...

Buyer’s Remorse After Signing a Settlement Agreement

Buyer’s remorse, as defined by Wikipedia: “Buyer’s remorse (or buyer’s regret) is the sense of regret after having made a purchase. It may stem from fear of making the wrong choice, guilt over extravagances, or a suspicion of having been overly influenced by the seller.” While buyer’s remorse is usually associated with the purchase of material goods, it can, in the case of a marital settlement, refer to the agreement signed by both parties following mediation. (In Florida mediation is mandatory before a court date can be set for dissolution of marriage or post judgment modifications) This agreement is put in...

What is a Request For Production and Interrogatories and Why Are These Discovery Vehicles So Useful?

Working with an attorney is much like meeting that special person in your life and developing a personal relationship. It takes time. During this time interrogative questions are asked and answered and evidence such as meeting parents or seeing the actual workplace come into play. This blog will take an in-depth look at both Request for Production and Interrogatories and just why they are useful for both client and attorney. Looking first at Request for Production, the legal definition found in the online Findlaw Legal Dictionary states “a discovery request issued by one party to an action on another for the...

What is Mandatory Disclosure (Fla. R. 12.285)

Mandatory disclosure refers to the in-depth financial disclosure required by Florida law for most legal actions where monetary information is pertinent to the case or where there will be a monetary award as part of the final settlement, such as child support, alimony, and/or debt satisfaction. Both parties in the legal action must submit a mandatory disclosure and the information contained therein must be accurate, up-to-date, and be able to be backed up with proof when required. Proof required is for information prior to the serving of the financial affidavit, and will include: Pay stubs back 3 months State and...

The Importance Of a Free In Person Consultation

Everyone likes to get something for free, but in this case a free, in person consultation means a lot to both the giver, the attorney and the receiver, the potential client. For both parties, making a decision to represent or be represented by someone in a matter, which can often be life changing, is vitally important. Getting to meet someone in person and be able to “get a feeling” for their personality and compatibility as well as if they are good listeners and seem honestly interested in the unique particulars of your case is essential as often a case can...

Imputation of income

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...

Enforcing a Marital Settlement Agreement

A Marital Settlement Agreement, as defined by Nolos Plain English Law Dictionary is “The document that sets out the terms of a divorce settlement between two spouses. The marital settlement agreement (MSA) is usually incorporated into the final judgment so that it has the force of a court order.” Areas covered in a MSA include division of marital property both real and personal, marital debt, alimony (spousal support), parental timesharing, and child support. And, depending on an individual case, other concerns such as relocation parameters, attorney fees, and/or a monetary settlement other than alimony may be a part of the...

All About a Self Employed Spouse and How to Impute Income

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...