Family Law

21 April

Sticky

The Importance Of a Free In Person Consultation

Posted by Grant Gisondo

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...

14 April

Sticky

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

Sticky

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...

15 March

Sticky

What is Voluntary Underemployment?

Posted by Grant Gisondo

in Divorce Law News, Family Law

In plain English, voluntary underemployment is when an individual chooses to not work for pay or to work at a job that does not reflect that person’s skills, abilities, or education. But why would this make a difference in a Family Law case involving child support or alimony? As long as a person is managing on the income available to them, what difference does it make? In the state of Florida, for example, it does make a difference, which is spelled out in Florida Statute 61 covering dissolution of marriage (divorce), child support, and parental timesharing (custody). By looking at...

02 March

Sticky

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

Sticky

Why Minor Children Should Not Testify Against Their Parents – A personal Opinion

Posted by Grant Gisondo

in Family Law

The opinion presented in this blog is representative of Family Law Attorney Grant Gisondo who practices in West Palm Beach, Florida. Questions were asked to Dr. Julia Meldau, Ed. D, majoring in Child and Youth Studies, who has worked professionally with young children for many years both as teacher and school administrator. There were numerous times when minor children in her professional care were a part of a court litigation such as a custody dispute, divorce contention, and/or a child abuse or criminal allegation against their parent(s). While it would seem the best way to obtain first hand information regarding...

Minor Children Should Not Testify Against Their Parents

18 January

Sticky

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...

19 December

Sticky

The Use of Expert Witnesses at Trial (Forensic Accountants and Psychologists)

Posted by Grant Gisondo

in Family Law, Legal Advice

While, in most instances, someone who is to be a witness at a trial must have, by the use of one or more of their five senses, experienced some aspect of the case they will be testifying for. There are however exceptions and these people are called “expert witnesses”. An expert witness is defined as” a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been witness to any occurrence relating to the lawsuit or criminal case”. Further, Wikipedia goes on to say, “An expert witness in England, Wales, and the...

21 November

Sticky

Knowing When to Settle and When Not to Settle

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

Settling, in the legal sense, refers to deciding that the outcomes desired to culminate a case, such as a divorce, have reached the place where no more can or should be done to litigate the issues under consideration. At this point, be it at mediation or in an attorney’s office, a settlement agreement will be executed then presented to the judge for scrutiny at a final hearing so that the Judge can turn the parties agreement into an order of the Court. It is highly unlikely either party will be 100% happy with the outcome but a settlement indicates both parties were willing to compromise and...

24 October

Sticky

Setting Aside Prenuptial Agreements in Florida

Posted by Grant Gisondo

in Family Law, Prenuptial Agreements

Prenuptial agreements made in the state of Florida are, for the most part, accepted by the court in the event of a legal separation or divorce. There are certain instances, however, when a judge will set aside a prenuptial agreement, which he/she is allowed to do under the Florida Family Law statutes. If you are looking to create a prenuptial agreement, that is an agreement made before you marry, deciding, if a divorce happens, specific outcomes for such issues as assets, debts, alimony, retirement funds, and inheritance (especially in regards to children from prior marriages) you need to be very...

24 October

Sticky

A Mediator’s Role in Family Law Cases

Posted by Grant Gisondo

in Family Law

Mediation is an alternate form of trying to resolve a dispute with the help of a third party who is referred to as a “mediator”. In the case of Family Law matters, mediation is offered in hopes a settlement between two parties can be reached without having to go to court where a judge will resolve matters and set forth the final decree. In most states this method of negotiation has been successfully used for a number of years and in some states is a requirement before a Family Law matter can be put before the court. The issues often...

18 September

Sticky

How is Debt Handled in a Florida Divorce?

Posted by Grant Gisondo

in Divorce Law News, Family Law

Debt, is money or services owed to a company, bank, individual, or other organization, usually secured by a signed agreement or contract outlining the terms of repayment both in time and money. Most people have, at one time or another incurred debt and sometimes, as is common in a marriage, incurred debt together, or jointly as it is referred to. When a marriage is going well, debt, though sometimes in contention, is worked out between the two parties. However, when a divorce appears to be eminent, debt will suddenly become a very important issue. While much attention will be focused...

How is debt handled in a florida divorce

08 September

Sticky

How to Prepare Financially For a Divorce

Posted by Grant Gisondo

in Divorce Law News, Family Law

Whether your marriage has finally wound down to where both parties realize a divorce is what they both deem necessary or whether your spouse suddenly tells you there is to be a divorce, it is vitally important you begin to think about and plan for the inevitable financial changes the future may bring. Emotions will no doubt be running high, especially if you have not suspected divorce was coming, but to salvage as much as possible for your post divorce life you must immediately begin to plan for the divorce. And, finances will play a huge role in how you...

27 August

Sticky

Why You Need An Attorney… Even If Your Case Is Uncontested or Simple

Posted by Grant Gisondo

in Family Law

In today’s world of seemingly complicated legal maneuvers, it hardly seems possible that a case could be considered simple.Or commonly called, uncontested, when both parties agree completely on all issues to be resolved and adjudicated by the court, but hardly simple. The very definition of “simple” states “simple refers to something that’s easy and uncomplicated, without too many steps.” speaks to a modern day court system which can hardly be found to be “simple”. While it is true some cases are very forthright with all necessary proceedings, paperwork, and desired outcomes neatly tied together; there are still numerous steps to...

17 August

Sticky

Retroactive Child Support

Posted by Grant Gisondo

in Child Support, Family Law

As each state has their own set of Family Law guidelines (statutes), for the purposes of this blog, guidelines for the state of Florida Child Support Laws, which include retroactive situations, will be used. In Florida Family law, the term “in the best interest of the child” is used frequently and in a sense becomes the goal or mission of the Florida Courts. It is important to note that child support in Florida is a legal requirement for all parents, living or not living together, married, divorced, or never married. When a child is born, unless custody is signed over...

11 August

Sticky

Hearsay . . .

Posted by Grant Gisondo

in Family Law

The most misunderstood objection there is Hearsay, a word that most people hear in movies, and on television, such as judge shows, as well as in many crime or mystery novels where courtroom drama is part of the plot. But what exactly is “hearsay” and just how is it explained and used, or in many cases, not used. The definition of “hearsay” as found in the online legal dictionary, states, “A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted”. These statements can have been made verbally, in writing, or by...

01 August

Sticky

The Importance of The Family Law Attorney as an Advocate, Counselor, and Advisor

Posted by Grant Gisondo

in Family Law

To be able to look at how a Family Law Attorney can be an advocate, counselor, and advisor, it is necessary to determine what areas of law said Family Law Attorney will practice. For the purpose of this blog, a Family Law Attorney with over 10 years experience, Grant Gisondo, will be used as an example. Attorney Gisondo has his practice in West Palm Beach, Florida and serves Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Hillsborough, and Orange counties. He is also licensed in Washington DC and New York. Looking at his areas of practice which include: Divorce or Dissolution of Marriage Child Custody ...

23 July

Sticky

The UCCJEA

Posted by Grant Gisondo

in Child Custody, Family Law

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...

20 June

Sticky

Temporary Relief

Posted by Grant Gisondo

in Family Law

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...

12 June

Sticky

All About Attorney Fees

Posted by Grant Gisondo

in Family Law

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...

25 May

Sticky

Alimony Income Used to Boost Mortgage Approval Chances?

Posted by Grant Gisondo

in Alimony, Family Law

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...

11 April

Sticky

Disestablishment of Paternity

Posted by Grant Gisondo

in Family Law, 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...

28 March

Sticky

All About Prenuptial Agreements

Posted by Grant Gisondo

in Family Law, 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...

14 March

Sticky

Is Paying Alimony Tax Deductible?

Posted by Grant Gisondo

in Alimony, Family Law

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,...

10 March

Sticky

Same Sex Marriages and Domestic Partnerships

Posted by Grant Gisondo

in Family Law

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...

22 February

Sticky

Modification of a Final Judgment as Related to Child Support

Posted by Grant Gisondo

in Child Support, Family Law

First, let’s a look at the terms final judgment and child support: Final Judgment: This is the finished document signed by the presiding judge overseeing a couple’s dissolution of marriage. It will contain the ways in which each spouse will govern their obligations to each other and to their children (if there are any). Each case is different and there are a myriad of items, which may be part of the final document, the issue of child support being one of them. This document can also be used to stipulate child support requirements for non-married couples whose union has produced children...

The Importance Of a Free In Person Consultation

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

Imputation of income

What is Voluntary Underemployment?

All About a Self Employed Spouse and How to Impute Income

Why Minor Children Should Not Testify Against Their Parents – A personal Opinion

What is a Forensic Accountant’s Role in a Divorce?

The Use of Expert Witnesses at Trial (Forensic Accountants and Psychologists)

Knowing When to Settle and When Not to Settle

Setting Aside Prenuptial Agreements in Florida

A Mediator’s Role in Family Law Cases

How is Debt Handled in a Florida Divorce?

How to Prepare Financially For a Divorce

Why You Need An Attorney… Even If Your Case Is Uncontested or Simple

Retroactive Child Support

Hearsay . . .

The Importance of The Family Law Attorney as an Advocate, Counselor, and Advisor

The UCCJEA

Temporary Relief

All About Attorney Fees

Alimony Income Used to Boost Mortgage Approval Chances?

Disestablishment of Paternity

All About Prenuptial Agreements

Is Paying Alimony Tax Deductible?

Same Sex Marriages and Domestic Partnerships

Modification of a Final Judgment as Related to Child Support

How Florida’s 2025 Wage Laws Could Impact Spousal Support and Alimony

Handling College Tuition After Divorce in Florida

High-Net-Worth Divorce in Florida | Gisondo Law

COVID-19’s Impact on Family Law in Florida | Gisondo Law

When and How to Modify Child Support in Florida

Contact