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Family Law

Home > Family Law (Page 9)

All About An Initial Retainer

Attorneys cost money. And they should. Informed, caring representation for matters involving the law takes years of preparation, strict licensing, ongoing education, and severe state government monitoring of one’s professional actions. An attorney puts, and continues to put, a great deal of time and dollars into his or her professional career and certainly deserves to be recompensed in order to make a living and be able to adequately maintain his professional status. But, it is often said attorneys charge an unreasonable amount for their services. Of course some do. However, if you understand the ways attorneys handle their fees, you...

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Child Support Calculations… Are You Overpaying?

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...

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

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...

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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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What is Voluntary Underemployment?

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...

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

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...

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

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...

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