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Alimony

Home > Alimony (Page 2)

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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