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...

21 April

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Child Support Calculations… Are You Overpaying?

Posted by Grant Gisondo

in Child Support, Family Law

In Florida, child support is a mandatory requirement for all parents whether they are married to each other or not. Both parents are responsible for part of their minor children’s support and sometimes this support will be given to a third party legal guardian such as a grandparent. Additionally, child support cannot be made part of a pre or post marital agreement. There are a number of considerations taken into account when figuring child support, among them are incomes of each parent, number of minor children shared by the couple, number of overnights each parent will have, special needs or...

14 April

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Why Choose a Family Law Attorney Vs. a General Practice Attorney

Posted by Grant Gisondo

in Child Support, Family Law, Prenuptial Agreements

Before answering the question as to why choose a family law attorney vs. a general practice attorney it is important to understand the areas of law practiced by each. A Family Law Attorney practices in the areas of law dealing directly with issues involving families in civil court matters. These issues include child support and its arrears and post judgment modifications, dissolution of marriage (divorce), parental time sharing (child custody) and its relocation and post judgment modification, spousal support (alimony) and its post judgment modification, equitable distribution of marital and non marital property and liabilities, pre and postnuptial agreements, bankruptcy, and...

16 March

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Imputation of income

Posted by Grant Gisondo

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...

02 March

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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

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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...