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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, ...
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...
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...
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 numerou...
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 fo...
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 su...
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...
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...
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. I...
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...
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, e...
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 ...
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 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 ...
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 W...
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 Commi...
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, ofte...
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 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 F...
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 payme...
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 la...
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...
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...
Can they be set aside? A prenuptial agreements, 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 prenupti...
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...
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 t...
Why is a custom parenting plan, developed for a specific case, so important for the parents and child? In years past, actually prior to 2008, the Parent Timesharing guidelines were mandated in Florida Statutes to replace the terms “child custody” and “visitation”. Before the change, the where and with whom minor children were to re...
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 di...
Before looking at the actual modification process it is important to understand the terms Final Judgment and Time-Sharing. Final Judgment refers to the finished document signed by the judge overseeing the couples divorce or as it is now called, dissolution of marriage. It can also be the final document for separating, non-married parents s...
For the average person, when the need for an attorney arises they aren’t sure where to start looking. Even looking in the yellow pages of the phone directory is confusing as there in not just a long list of lawyers to choose from but many different kinds of family law practices represented. As you are reading this on the website of Famil...
Parents are legally duty-bound to provide support for their children and it is considered the right of the child to be fed, clothed, and safely cared for in a nurturing environment. While this supportive care is not always a reality, when there is a divorce or dispute with children involved, the rationale of child support is to make sure that...
