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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...
Here are 12 facts you may not know The War on Women in America is real, or so it seems if one realizes some of the recent laws involving women’s rights. In addition, a look at the present political climate wanting to change or lessen the strength of laws regarding woman’s rights that exist in America today makes one feel there may trul...
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 to do when a petition to relocate is contested? As detailed in Part 1 of All About Relocation With a Minor Child Uncontested, the state of Florida has mandated that no person who is part of a parenting plan (custody) or has timesharing with or access to a child (visitation) as determined in the final judgment of the parent’s disso...
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...
We so often think of divorce, or dissolution of marriage as it is now termed, as usually happening to couples in their twenties and thirties. So why, then, would there be much concern with retirement assets as there would likely be little to consider unless the couple was wealthy? In truth, however, a phenomenon termed Gray Divorce, that is d...
Here’s where you can start and what comes next. First and foremost you and your spouse need to try all avenues, including counseling, to try to reconcile and keep your marriage intact. However, when you have definitely decided to seek a dissolution of marriage (this is the legal term now used for the word “divorce”), what comes next?...
Divorce or the severing of a relationship where a child or children have resulted, is rarely easy or without dissension. One of the most frequently asked questions is how much child support monies will be awarded. This is a concern from both the standpoint of how much money one parent (this can be either the mother or the father and is usuall...
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...
Alimony is financial support provided by one spouse to the other as legal obligation during the process of divorce or for a certain period of time following a final divorce. Courts in general require the spouse who earns more to help support the spouse who earns minimally. There are different types of alimony and each serves a distinct purpos...
When married couples acquire a property or properties during the course of their marriage, irrespective of who owns it, it is generally known as marital assets. Most common examples include cash, house or estate, stocks, insurance, and pension. In contrast, those things that are not considered as marital assets are those that are acquired bef...
