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Family Law

Home > Family Law (Page 11)

The UCCJEA

What it means, what it’s for, and how it can protect your family. What it means: The letters UCCJEA stand for Uniform Child Custody Jurisdiction and Enforcement Act. In 1997, due to frequent misuse of parents trying to avoid custody determinations by moving from state to state or even leaving the country, the National Conference of Commissioners on Uniform State Laws put together the UCCJEA to help prevent parents from using unlawful conduct in child custody disputes. The UCCJEA sets forth a set of rules and procedures for interstate and international custody battles. Each state has a section of their state...

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Temporary Relief

Understanding what it is all about. First, lets take a look at just what temporary relief means in reference to legal matters in Florida Family Law. As the words imply, temporary means an indefinite period of time and relief means to give help to improve a situation. In legal matters the terms indicate that the judge can order relief, often financial, for a proven need for the duration of the litigation starting from the date of the relief hearing and lasting until there is a final judgment order. There are a number of reasons a party might need temporary relief during...

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All About Attorney Fees

How to get your spouse to pay them Even when you think you should qualify for help paying your attorney fees and you follow the Florida statutes’ guidelines, which allow for payment of reasonable attorney’s fees from one party to the other party, there is no guarantee that the court will agree. It is interesting to note, however, that in Florida the courts are concerned that each party be represented by legal counsel and one party who is much better able to pay attorney fees than the other party should not be able to take advantage of the other party by...

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Alimony Income Used to Boost Mortgage Approval Chances?

Alimony income can be used to boost mortgage approval chances since it is considered as income for banks. First let’s take a look at what alimony income would look like. In most states there are five types of post divorce alimony, that is money received following a divorce which one party receives from the other, usually in monthly payments. Lump sum alimony is an exception as it is one large payment following the final judgment and no more payments in the future. Permanent alimony is an adjudicated amount paid monthly for the life of the recipient unless the recipient remarries, has...

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All About Relocation With a Minor Child – Part 3

What you need to know about temporary relocation. This final blog in the series relating to relocation with a minor child in the state of Florida will explain important information regarding the reasons for and how to obtain the courts permission for temporary relocation. As explained in the first two blogs it is considered breaking the law if a parent or person having timesharing with or access to a minor child chooses to permanently relocate for more than 60 consecutive days and a distance of greater than 50 miles without first obtaining permission to relocate from the court in the form...

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All About Relocation With a Minor Child – Uncontested (Part 1)

What steps to take when all parties agree uncontested, court ratified relocation  In Florida, where and with whom a child lives following a divorce or dissolution of marriage as it is now termed, is determined by a parenting timesharing plan which is drawn up by the parties involved, worked out at a mediation (required before a judge will hear a case), or determined by a judge in court. Unless very strict guidelines require sole parental responsibility, Joint responsibility, better known as shared parental responsibility for the child, require both physically and in decision making is how, since 2009, Florida has determined what is “best for the child”. One...

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Disestablishment of Paternity

Disestablishment of paternity essentially means that a male who has been adjudicated to pay child support for a child thought to be fathered by him, has proof that he is, in fact, not the biological father of said child and desires the court to eliminate him (disestablish) as the father (paternity). Quite naturally the alleged father does not want to continue to pay child support for a child he did not father, but until the court disestablishes his paternity he must continue to pay. An experienced family law attorney such as Grant Gisondo, PA whose office is in West Palm...

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All About Prenuptial Agreements

Can they be set aside? A prenuptial agreement, sometimes referred to as a premarital agreement, is a written contract between two persons planning to be married. It must be entered into voluntarily on the part of both parties, always in writing, signed by both parties, witnessed, and notarized. These conditions must be met if the prenuptial agreement is to be upheld in the courtroom. Additionally, a prenuptial agreement can be set aside if it can be proven either party has lied or failed to give full financial disclosure at the time of signing. If one of the parties does not understand...

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Is Paying Alimony Tax Deductible?

Yes, paying alimony can be tax deductible. However, there are guidelines to be followed both by the person receiving and the person paying alimony. Here is what you need to know. Alimony, which can also be referred to as spousal maintenance or spousal support, occurs when, following a divorce or separation, one spouse is adjudicated to pay the other spouse a determined amount of money. The award of alimony can be temporary, just for the duration of divorce litigation, permanent, for the lifetime of the recipient unless the recipient remarries, or within a given time frame as determined in rehabilitative, durational,...

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Same Sex Marriages and Domestic Partnerships

What you need to know about same sex marriages and domestic partnerships According to Wikipedia, the online dictionary, “A domestic partnership is an interpersonal relationship between two individuals who live together and share in common domestic life but are not married (to each other or to anyone else).” In the state of Florida there is no statewide recognition of domestic partnerships. However, nine counties do recognize domestic partnership and they are Palm Beach, Monroe, Broward, Miami-Dade, Pinellas, Orange, Leon, Sarasota, and Volusia. Legal issues surrounding these relationships including, but not limited to, separation involving distribution of assets, child support and parental timesharing...

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