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Phone: 561-530-4568
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Phone: 561-530-4568
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(561) 530-4568
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Each need of the spouse asking for alimony will be considered and depending on which type or types of alimony are requested, an appropriate amount will be suggested. Attorney Gisondo will work with you and be prepared to present your request at mediation or in court. In the state of Florida the length of a marriage will determine, to a great extent, the possible amount of an alimony request. The longer a marriage the more alimony is usually awarded. Marriages 0 to 7 years are considered short term, 7 to 17 years are considered moderate duration, and over 17 years are considered a longterm duration. Additionally, such issues as income, assets, and lifestyle during the marriage will factor in. A final note, someone must pay taxes on the money as it is considered income and this decision, by the couple or a judge, will be included in the final judgment. Attorney Gisondo will be able to advise you on alimony tax matters as well as all other matters pertaining to your divorce.
Depending on an individuals’ circumstances, the need for alimony and which type or types would be desirable will be the expertise of a well qualified Family Law Lawyer. This is a question Attorney Gisondo will be able to help his client determine. Each case has its own individual characteristics, however one thing is common to all: You must have documented proof and substantial evidence for all the needs you are claiming. Again, Attorney Gisondo will help you know just what is required and what type of documentation and evidence you will want to provide.
This is a set amount of money to be awarded following the final decree. Older couples often use it where potential health issues and retirement may greatly reduce future income. Also it can be used as a bargaining tool for equitable distribution when, for example, one party is awarded the marital business and the other a lump sum alimony.
This type of monetary help is for the spouse needing to adjust to becoming financially independent. It can include needing more training or education to better their job income. In the case of a spouse who has never worked and has been totally dependent on their spouse, this can include identifying job skills and receiving training and/or education to become employable. Courses can even include learning how to job hunt, fill out a resume, and handle a job interview. For an older spouse learning to use a computer may be necessary. As a rehabilitation plan in place is always required for this type of alimony it is vitally important for your divorce attorney to know how to help you meet the state’s requirements. Attorney Gisondo can definitely guide you safely through this process.
Just as it says, this type of alimony is used to help a person cross over from being married to being single. It can include concerns as having to find a job or increase their present income, moving to another location not as desirable as say, the family’s longtime home, or even adjusting the standard of living and social life downward. This alimony is typically given for two years.
The amount of time this type of alimony is awarded is determined by a judge or agreed upon by the couple themselves. Usually this type of alimony is used following short-term marriages and often the time awarded is equal to the number of years married.
This type of alimony is awarded following the final judgment and has no time limit. It does, however, have certain stipulations including the fact the alimony will stop should the recipient remarry. Also, the recipient will, unless otherwise agreed upon by the couple, pay taxes on the amount of alimony received. Further, should there be children involved requiring child support (child support is mandatory in the state of Florida) it is important to know that any alimony to be received will be calculated as part of the income belonging to the recipient spouse and can thereby sometimes reduce the amount of adjudicated child support.
Another important consideration with permanent alimony is to decide whether you want the amount of your alimony to be able to be modified or not. If you choose modification then either party can, at a later date when circumstances change, return to court to change the dollar amount. This can be a positive or a negative depending on whether you need more or need to give less which is the positive, the negative being whether you receive less or need to give more. On the other hand, if you choose alimony, which cannot be modified, should circumstances change drastically such as severe illness or job loss, the amount of alimony cannot be changed.
This type of alimony is awarded for only the time period during which the divorce case is being litigated. The money is used in a variety of ways to help with maintenance costs including, but not limited to, mortgage payments or rent, transportation needs, food, on-going medical expenses, and insurances. This type of alimony is usually awarded to a spouse who has been almost or totally dependent on the other spouse for their living expenses.
Florida Statute 61:08 states there are six types of alimony awarded, Temporary, Permanent, Durational, Bridge-The -Gap, Rehabilitative, and Lump Sum.
Be sure to find an attorney with expertise in understanding and working on cases where minor children, and children with special needs beyond l8 years of age are involved. Parents do not have to be married to have child custody or parental timeshare issues which need legal counsel and help to resolve. Ask questions to be sure the attorney knows how to gather proof that sole custody is necessary. Attorney Gisondo, practicing in West Palm Beach has the qualifications you need if you reside in Palm Beach, Martin, Port St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough counties. Call his office, (561) 530-4568, to make an appointment for a free, initial, in-office consultation. He will personally meet with you and share how he can work with you through the process of obtaining solo custody.
As noted above, the term “custody” is still used when referring to a situation where one parent or legal guardian has compete care of a child or children and the term solo custody is used. The solo custodian will be awarded both legal and physical care. Legal custody allows medical, educational, religious, and disciplinary decisions to be made. Physical custody determines deciding the place of residence. For sole custody to occur the other parent or parents must be adjudicated unfit or unable to provide care of any kind. The law in Florida regarding care and nurturing of children is very specific to state and enforce the concept that decisions are to be made, at all times, in the best interest of the child. Visitation is controlled, if allowed at all, and frequently will have to be supervised by an appointed person or agency and usually must take place at a court specified location for a specific period of time.
Florida generally starts with both parents’ net incomes, combines them, applies the statutory schedule for the number of children, allocates the obligation by income share, and adjusts for qualifying childcare, health insurance, uncovered medical expenses, and the parenting schedule. A court may deviate when statutory grounds and evidence support it.
Possibly. Equal or near-equal overnights affect the formula but do not automatically eliminate support. Income differences and child-related expenses may still result in a payment.
Parents can propose an agreement, but they cannot privately waive a child’s right to appropriate support. The court must evaluate the arrangement under Florida law and consider the child’s interests.
Possible responses include income withholding, administrative collection, liens or levies, license procedures, credit reporting, court enforcement, and contempt. The remedy depends on the case and required notice.
Civil contempt can lead to incarceration in a qualifying case, but nonpayment alone is not enough. The court must make the required findings, including the parent’s present ability to pay the specified purge amount. Anyone facing contempt should obtain legal advice promptly.
Florida law permits driver’s license suspension procedures for unpaid support when statutory requirements are satisfied. The notice should explain deadlines and available ways to contest, comply, or seek relief.
A parent should never assume so. The ability to compromise, credit, or adjust a balance depends on who is owed, whether public assistance is involved, the order and payment history, and applicable law. A payment agreement ordinarily spreads repayment; it does not erase the debt.
No. Ending ongoing support does not eliminate past-due installments. An arrears payment may continue after current support ends.
Generally, no. Support and time-sharing are separate obligations. Continue following the support order and use the appropriate process to enforce the parenting plan.
Not automatically. Voluntary purchases may be treated as gifts rather than credits. Follow the required payment method and preserve written proof of any direct payment.
A substantial, involuntary, and sufficiently lasting change may support modification, but job loss does not change the order by itself. File promptly and document the loss and job-search efforts.
Generally, modification addresses future support and may reach back to the filing date when legally appropriate. It ordinarily does not erase installments vested before the effective date of the modification.
Use canceled checks, bank statements, electronic-transfer histories, receipts, and messages acknowledging the amount and purpose. Avoid unreceipted cash.
Yes, often after registration or through interstate agency procedures. Jurisdiction and contest deadlines can be complicated, so obtain the certified order history and legal advice.
Remarriage alone does not automatically modify support. A new spouse’s income is generally not simply substituted for a parent’s income, although household arrangements may be relevant to a specific disputed financial issue.
Check the order. Most current support ends at 18, subject to the high-school provision for certain dependent children between 18 and 19 and other exceptions or enforceable agreements. Arrears remain collectible.
The judge assigned to your case may require a second mediation before agreeing to actually hear what you and your spouse have to say and viewing documented proof of allegations and need. But you are entitled to your day in court where you and your attorney will be able to explain your case in detail and present required evidence. After listening to both sides and considering the evidence the judge will make a final determination of outcomes and you will be given your dissolution of marriage as part of the final judgment.
In the state of Florida mediation is required before a dissolution of marriage case can be heard by a judge. This is actually a good thing, Attorney Gisondo points out, as with the help of a third party you have a say in what the final decisions will be where as in the courtroom a judge will make all the final decisions whether you like them or not. Of course it often happens the two parties and their lawyers, who are also present, simply cannot agree and the case will then be scheduled for court. More discovery and additional depositions will likely take place while waiting for a court date. Sometimes a Temporary Relief Hearing before a judge will be held to address immediate concerns during the waiting period such as parental timesharing including over nights, child support, equitable distribution, spousal support and who gets to stay in the family dwelling. Typically, each party has 15 minutes before the judge, the hearing is set for a total of 30 minutes.
First he will let you know he is truly there for YOU. He will ask about the particulars of your reasons for seeking divorce and encourage you to be absolutely sure you and your spouse have tried all avenues to try to make your marriage work. He will even suggest counseling if that has not been tried. When you are both sure there is no other course than to dissolve your marriage, Attorney Gisondo will begin to work on your case. First there will need to be a petition for Dissolution of Marriage filed in the county where you are a resident. This petition will be served to your spouse who would then have twenty days to file his or her answer to your petition.
During the time you are waiting for an answer from your spouse, you will need to be collecting personal information regarding your situation and the proof needed to document your concerns. This will be used by Attorney Gisondo to structure your case. He then can provide you with details of any additional information or proof he needs to proceed in your best interests. You will also be working on documents for mandatory disclosure, with proof of your financial circumstances, including checking and savings, credit cards, debts, and retirement accounts. This is called your financial affidavit and your spouse will be required to fill one out as well. If you have children from your marriage this is a good time to take a Florida Parenting Class that will meet the requirements of the Florida Parent Education and Family Stabilization course necessary to obtain a divorce in the state of Florida. You can find this class locally or on-line. Your spouse will also need to take such a class.
Following the gathering of information and filling out required documents Attorney Gisondo will prepare your case based on the response from your spouse, and your needs such as spousal support, identifying and handling equitable distribution of marital assets including real estate, business ventures, and retirement plans, and if there are children involved, parental timesharing and child support. Special needs unique to your case will also be addressed.
We serve clients in Palm Beach Gardens, West Palm Beach, Palm Beach, Jupiter and Martin County.
Attorney Gisondo is part of only 1% of Florida Marital and Family Law lawyers who have received board certification.
Attaining the honor of Board Certification in Marital and Family Law administered by The Florida Bar and officiated by The Florida Supreme Court means Attorney Grant Gisondo can use the letters BCS (Board Certified Specialist) behind his name and accredits him with being considered an expert in his field. The certification is a voluntary process that requires at least five years of active experience to apply, a requisite number of trial experience, and peer/judicial evaluation. Following application, the candidate must demonstrate skills and expertise in a particular field of law by passing a comprehensive examination and by being evaluated by peers for ethical and professional expertise in the candidate’s chosen field. Board certification is the gold standard for Florida lawyers.
For busy professionals or high profile individuals, our concierge divorce program offers these benefits and more:
Either spouse may file if the legal requirements are met. Filing first does not create an automatic advantage on the merits, but it can affect preparation, timing, presentation, and immediate requests. Whether filing first is strategically useful depends on the case.
A spouse generally cannot permanently prevent a Florida divorce simply by refusing to agree. The court may proceed when the legal requirements are established, although disputes, service problems, or failure to participate can affect the process and timing.
No. Florida law allows dissolution when the marriage is irretrievably broken. If that allegation is denied and there is a minor child or another statutory circumstance, the court may take additional steps, but mutual consent is not generally required.
No lawyer can represent two clients whose interests conflict in the same divorce. One spouse’s lawyer may prepare settlement documents reflecting an agreement, but that lawyer represents only that client. The other spouse may obtain independent advice.
A final hearing is common, and simplified dissolution requires both spouses to appear. The exact procedure can vary by case type, circuit, judge, and whether issues are contested. Never assume an appearance is excused without confirmation.
Yes. Many cases end through a negotiated agreement or mediation. Court approval and a final judgment are still required, but an agreement can eliminate the need for the judge to decide disputed issues at trial.
After the response period expires, the filing spouse may seek a default. A default can limit the nonresponding spouse’s participation, but it does not guarantee every requested outcome or eliminate the need for evidence, notices, and a final hearing.
Yes. A person may gather records, identify goals, learn about the likely process, review immediate risks, and obtain confidential legal advice before making a final decision. Preparation should remain lawful and should not involve hiding assets or unauthorized access to accounts.
Many court filings are public records, but particular documents or information may be confidential, redacted, or sealed under governing law and court rules. Sensitive identifiers should not be placed in public filings unnecessarily. Ask counsel how the court handles financial affidavits and confidential information.
A divorce attorney advises and advocates for a client. A mediator is a neutral facilitator who helps both sides explore agreement and does not represent either spouse or impose a decision. A spouse may attend mediation with an attorney.
Florida permits self-representation, and Florida Courts publishes approved family-law forms. Self-represented litigants must still follow substantive law, evidence rules, procedure, deadlines, and local requirements. Legal advice is especially valuable when the case is disputed or complex.
The marriage is legally dissolved, and the parties must carry out the judgment and any incorporated agreement. Follow-up may include transfers, refinancing, account division, name restoration, insurance changes, or other deadlines. Some future disputes involve enforcement; others may qualify for modification under specific standards.
In addition to collecting substantial proof and evidence of what are marital or non-marital assets and debts, the answer to this, without a doubt, is to find a Family Law attorney well qualified in dissolution of marriage with an included experience in equitable distribution of marital assets and debts. If you live in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough county you can expect to find such an attorney whose Family Law practice is located in West Palm Beach. His name is Grant Gisondo, the founder of Grant Gisondo, P.A. Not only will he answer your questions, he will see you through the entire maze of equitable distribution to an outcome best suited to your particular and individual case. His experience and education have taught him, in his own words, “ I will always keep an open ear and open mind and will fight your fight as if it was my own.” For a free, initial, in office, in person consultation, please call (561) 530-4568 to make an appointment. Attorney Gisondo will meet with you and show how he can guide you through equitable distribution as part of the dissolution of marriage.
Noting that equitable distribution means fair, not equal, the state of Florida has mandated a list of guidelines to be considered when dividing a couple’s marital assets. The judge starts with the premise of equal division but there are many times when equal is not equitable. The state has therefore outlined the following guidelines found in the 2015 Florida Statute 61.075 and these are paraphrased as follows:
In addition to the above guidelines, when there is a contested dissolution and no stipulation and agreement has been entered and filed, factual proof and qualified substantial evidence, using as a reference the above factors, must support marital liabilities and marital assets. In order for distribution, whether equal or equitable, of both marital assets and liabilities, specific, written findings of fact must be submitted to the court. These findings must include, as quoted from Florida Statute 61.075 part (3):
Sometimes there will be a need for an interim, partial distribution of marital assets or liabilities and the court will, upon a “sworn motion, set apart those non-marital assets and liabilities, and provide for a partial distribution of those marital assets and liabilities”. Valid cause and substantial proof must be provided for an interim, partial distribution to take place and credit for such distribution will be credited when deciding the final outcome.
If it were at all possible a couple would benefit from establishing a marital agreement deciding the distribution of assets and debts. This can be done at the required pre-trial mediation or before in a postnuptial agreement properly written, signed, and notarized. A prenuptial agreement is also helpful, especially in determining non-marital assets and debts. In a recent radio talk show, More Than Money, Attorney Gisondo pointed out that the more a couple can agree on prior to the final dissolution, the more control they have over their own final outcomes.
Yes, debts will be divided between spouses as part of equitable distribution. The same basic guidelines that determine marital and non-marital assets will apply to assigning debts to one party or the other. Again, substantial proof is necessary for a final determination to be made. Any debt named in a postnuptial agreement as marital or non-marital will be considered as such.
These are assets, which are obtained before the marriage takes place. They must belonging solely to one spouse or the other and continue to do so throughout the entire marriage. There must be firm proof of ownership prior to marriage and the continuation of sole ownership during the marriage. Also, if there is a prenuptial agreement (see prenuptial agreements) or postnuptial agreement (see postnuptial agreements) assets named in the agreement will be considered non-marital if so designated. Property, gifts, or money, acquired from a third party or inherited by either spouse are considered non-marital and theirs to keep following the divorce. Increased value of a non-marital asset is also considered as belonging solely to that spouse as well.
An asset to be considered in a divorce proceeding is, according to investorwords.com “any item of economic value owned by an individual or corporation, especially that, which could be converted to cash.” Some examples would be property including the marital home, vehicles, boats, family business interests, savings, investments, and retirement plans. Other assets could be antiques, high end furniture, jewelry, paintings, expensive electronics, and collections of value such as books, stamps, or guns, to name a few. All assets must be cataloged as marital or non-marital.
These assets are those, which are obtained jointly or by either party and used during the marriage. They also would include assets obtained prior to the marriage but given to joint ownership following marriage such as a home, vehicle, or family business. Gifts from one spouse to the other are also considered marital assets, as are retirement plans and most checking and savings accounts. Business interests where marital monies and spousal time and involvement are indicated are marital assets as well. These are just some of the major areas of marital assets; the list is long and determination can become complicated.
Not necessarily in every case. Florida courts may refer contested family-law matters to mediation, and local procedures or judicial orders may require mediation before trial. Exceptions and safety considerations may apply. Review the specific court order and local rules.
Yes. Parties may voluntarily mediate before filing. They should still obtain sufficient financial information and understand the legal effect of proposed terms before signing an agreement.
No. A family law mediator facilitates negotiation but does not decide disputed facts, determine credibility, impose a settlement, or enter a judgment.
Yes. A partial agreement can resolve selected issues and leave the remainder for further negotiation or court determination. The writing should clearly identify what is settled and what remains open.
In voluntary mediation, the parties often agree on the mediator. In pending litigation, the applicable order, court procedures, and party agreement may govern selection or appointment.
Not always. The mediator may use joint meetings, private caucuses, separate rooms, or virtual breakout rooms. Safety, effectiveness, party needs, and any governing order affect the format.
Yes, many mediations are conducted remotely when permitted and appropriate. Participants should have reliable technology, privacy, access to documents, and a way to confer confidentially with counsel.
There is no universal duration. The number and complexity of issues, quality of preparation, available information, and pace of negotiation affect whether a session lasts a few hours, a full day, or requires additional sessions.
Fees depend on the mediator, the length and complexity of the session, preparation, and how costs are allocated by agreement or order. Parties should request the mediator’s fee terms and review any court order before the session.
Generally, under Florida law, confidentiality is subject to statutory exceptions. Signed agreements, independently discoverable evidence, threats of violence, mandatory reports, and other circumstances identified in section 44.405 require careful treatment.
Protected mediation communications ordinarily may not be used that way. However, the exact communication, the governing statute, any waiver, and applicable exception matter. Independently admissible evidence does not become protected merely because it was discussed in mediation.
The terms are reduced to writing and handled according to the applicable rules and court procedures. The agreement may be submitted for court review and incorporated into a final judgment or order when appropriate.
A signed mediated agreement may be binding and difficult to undo. Limited legal grounds may exist to challenge or reform an agreement, but regret alone should not be assumed sufficient. Obtain legal advice before signing, and promptly if a dispute later arises.
The unresolved issues continue through the legal process. The mediator does not decide them, and the parties may continue negotiating, conduct additional discovery, file appropriate motions, or prepare for trial.
Yes, these issues are often discussed in mediation. Any agreement must comply with Florida law, and provisions involving children remain subject to court review and the applicable legal standards.
Bring the documents needed to understand the issues and evaluate proposals, including financial records, existing orders, calculations, property information, proposed parenting schedules, and a clear list of priorities and questions.
An attorney is not always required to attend, but the mediator cannot provide individualized legal advice. Representation can be especially valuable when rights, finances, children, property, or proposed settlement language are complex.
Sometimes. Structure, separate caucuses, experienced attorneys, careful preparation, and a skilled mediator may help. In other cases, coercion, safety risks, missing information, or inability to participate meaningfully may limit mediation’s suitability.
It requires individualized screening and careful legal and safety analysis. Additional safeguards may be necessary, and mediation may be inappropriate in some circumstances. A person facing danger should seek immediate safety assistance and legal advice.
Yes. Grant J. Gisondo is a Florida Supreme Court certified civil and family law mediator. He is also Board Certified in Marital and Family Law by The Florida Bar. When serving as mediator, he remains neutral; when representing a client, he serves as that client’s attorney and advocate.
Without question, the areas of where your child will live, who your child will live with and when, and who will make decisions for medical, educational, religious, and disciplinary concerns are a vital part of the final decree for a dissolution of marriage involving children. Attorney Gisondo can and will give your case his experienced, knowledgeable, and personal attention. To find out how he can be of service to you and to answer any questions or concerns you might have, call his office at (561) 530-4568 to make an appointment for a free, initial, in-office consultation. In Mr. Gisondo’s words, from part of his mission statement, “…I provide clients going through a tough time with a light at the end of a tunnel…”.
Since timesharing is such an integral part of a parenting plan it is important to understand what a parenting plan is designed to do. Ideally it should provide each parent and each child an opportunity to spend quality time together while ensuring that decisions for the children’s medical, educational, religious, and discipline are made with the best interests of the children in mind. And, in addition to the requirements outlined in a parenting plan, in Florida, before a dissolution of marriage involving children can take place each parent must take a Florida certified parenting class. This class is specifically designed to help parents better understand what children will experience and how to best parent during and following a divorce. As time goes on, if the plan is not working for a significant reason, the court can make modifications to rectify what needs changing.
In addition to the 20 guidelines the amount of time each parent will be given in the final parent plan developed and/or approved by a judge is largely determined on a concept known as “overnights”. This means the number of nights a child regularly spends with his/her parent or legal guardian. Spending a whole day say from 6 AM to 10 PM does not count as an overnight but spending the night, say from 10 PM to 6 AM does. When deciding what times a parent will have with their child and where these times will be is largely dependent on how many overnights the parent and child have spent together in the past and how many will be reasonable in the future following the dissolution of marriage. It is interesting to note that the number of overnights also heavily influences the amount of child support awarded.
The following 20 guidelines have been paraphrased to make them easier for you to understand. Keep in mind these are considered in the light of what is best for the child.
As one can easily see, it is highly unlikely an individual untrained in developing a parenting plan would be able to prepare a plan and present evidence and witnesses for each of the above 20 guidelines (more in some individual cases) to be followed when the court determines what is best for a child regarding parental timesharing and decision making. A Family Law attorney, an attorney trained and experienced in Timesharing law in Florida is essential to be sure you and your child/children receive the best outcome possible. Attorney Gisondo is well qualified and experienced in helping clients gain the best possible results when it comes to the best interests of their children.
All this being said, the actual process for obtaining a modification of alimony is much the same process as the original divorce litigation. Please see Divorce or Dissolution of Marriage for an in depth overview of the divorce process. In brief, the petitioner who is desiring the change must file, in the county where the divorce took place, a petition called Supplemental Petition for Modification, followed by personal service of this petition to the former spouse who then has 20 days to respond. In depth financial disclosures will be required of both parties as well as extensive proof of substantial cause for modification. Mediation is required by Florida law and if that is not successful a court trial before a judge will take place. Adjudication is binding on both parties and if there are financial changes they will be retroactive to when the Supplemental Petition for Modification was filed.
All in all, if you truly need a modification of your alimony award, whether payee or payer, you need an outstanding Family Law attorney well versed in all aspects of alimony modification. If you live in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough county Attorney Gisondo, who practices Family Law in West Palm Beach, is an attorney you can count on to answer your question, make your concerns his own, and be with you personally to the conclusion of your case. Call his office at (561) 530-4568 for a free, initial, in office and in person consultation with Attorney Gisondo.
The key words for modifications are “substantial, material, unanticipated change in circumstances”. In other words the changes in you circumstances must not have been evident during the litigation of your divorce and they must be permanent as far as you know, of a sizable change, material, and unanticipated. Some of these changes could include, but are not limited to:
An interesting note is, in Florida, there is a Cohabitation Law, which, upon rigorous proof to the court of the supportive relationship, can mean the discontinuation of permanent alimony for the payee.
Since no one can know the future it is usually very unwise to forgo alimony all together in you final dissolution of marriage as in Florida there is no way to reinstate alimony once the final document has been signed. There is an award of alimony called nominal alimony which can be as little as one dollar a month which at least allows for future modification if the terms of involuntary, unexpected, and substantial changes in circumstances are met.
In Florida, unless modification to alimony has been waived in the final decree for dissolution of marriage, either party can return to court to make changes to the amount and sometimes the duration of the stipulated alimony. The type of alimony awarded will usually determine what kind of modification is possible. For example, permanent alimony cannot be changed to durational alimony but length of time of durational alimony can be changed. Or, the amount of Lump sum alimony cannot be changed but the amount of permanent alimony can. Bridge-the Gap alimony cannot be modified at all. Please see Alimony or Spousal Support to learn more about the six types of alimony. Each case needing modification will have its own set of conditions so it is wise to seek the counsel and help of an experienced Family Law attorney. Attorney Gisondo has the experience and expertise you need.
Formally known as child custody and visitation rights, timesharing is the amount of time each parent can spend with their child/children, when and where this time will be spent, number of overnights with each parent and how decisions for education, medical, religious, and discipline will be made. Decisions made at the time of final judgment are often no longer appropriate as children age and circumstances of parents change significantly. Some of the reasons to modify timesharing include, but are not limited to:
There is a “when to use” portion of the instructions for filling out the form to be filed asking for modification of timesharing which outlines the meaning of substantial, material, and unanticipated change in circumstances allowed in seeking this modification. It is wise to have a well-qualified Family Law attorney who knows all the legally acceptable reasons as well as will be able to walk you through the whole litigation process for timesharing modification. Attorney Grant Gisondo whose practice is in West Palm Beach and serves Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, and Hillsborough counties will work with you in these matters.
Once the basics of need for timesharing modification are met the form 12,905 (a) Florida Supreme Court Approved Family Law Form must be filled out, notarized, and filed with the court. A copy must be served to the other parent who then has 20 days to answer. If both parties agree the request to modify is uncontested and when the mandatory disclosure by both parties is filed a final hearing can be set. Both parties must be notified of he date and time.
When parties disagree, the process then becomes contested and is similar to a divorce. Please see Divorce or Dissolution of Marriage for an in depth overview of the divorce process. Evidence and proof will be collected of the need for timesharing modification as well as why the desired changes will be beneficial to the child/children. Both parties require a mandatory disclosure as well. Some jurisdictions will require mediation before setting a trial date at which time a judge will hear and review evidence, proof, and requests and make a decision based primarily on the 20 guidelines for timesharing. Please see Parental Timesharing to learn more about these guidelines.
As you can see, there are a great many considerations both personal and legal when hoping to modify timesharing. A Family Law attorney with the necessary qualification to help you do so is Attorney Gisondo. He will be glad to answer your questions and guide you through the entire modification process. His goal is, as he puts it in his mission statement “We are a guiding light through even the darkest of situations which result in solutions” You can call his office at (561) 530-4568 to make an appointment for a free, in-office, initial, in-person consultation.
Given the right set of significantly changed circumstances, modifying, that is changing the dollar amount of child support or particulars of health insurance is always possible in Florida. No one knows the future and particularly where children are concerned, Florida has continually up-dated their guidelines and laws to hopefully ensure outcomes that are in the best interest of the children who, by no fault of their own, no longer have their intact family due to divorce. As time goes on many changes can take place necessitating the need for an adjustment of child support and/or health insurance. Some of these changes may include, but are not limited to:
If a third party, such as a legal guardian, was included in the original final judgment their circumstances can also be considered.
Once you are sure you have substantial proof your child support payment should be changed, either up or down, the procedure to modify child support will be very similar to your divorce litigation. Please see Divorce or Dissolution of Marriage for an in depth overview of the divorce process. You will need to file a Supplemental Petition to Modify Child Support, which will be served to your former spouse who then has 20 days to reply. Both parties will need to reveal in depth financial information to each other. The filing party will need to show substantial proof for needed modification.
Once financials and subsequent proof are completed most jurisdictions will require mediation before setting a court date. If matters cannot be settled at mediation your case will go before a judge. Sometimes this judge will be titled a Magistrate or Hearing Officer, a different judge from the one who signed off on your divorce. The decision rendered will be in the best interest of the child/children.
Throughout the difficult child support modification process you will need a qualified Family Law attorney. Attorney Gisondo states in his guiding principles “I will fight your fight as if it were my own”. Mr Gisondo’s practice is in West Palm Beach and serves Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, and Hillsborough counties. Call his office at (561) 530-4568 to schedule an appointment for a free, in office, initial, in person consultation.
Consulting with and then hiring the right attorney is the best and first step you should take. Attorney Gisondo would be a good choice. Each spouse will be required to fill out a complete financial disclosure of the nature, extent, and value of all their assets. Here truth is vital as the whole agreement is void if either party is found guilty of refusing to disclose all assets and their present and potential value. Every word of the contract should always be read carefully before you sign it. Items can be changed before the signing but usually not after and whiteout isn’t allowed. Each spouse should have their own lawyer to avoid a judge concluding the party without legal counsel was at such a disadvantage the agreement cannot be honored, particularly when it appears one party has the lion’s share of marital assets. Setting up and the writing of Florida approved postnuptial agreement needs legal council. Call Attorney Gisondo’s office at (561) 530-4568 to make an appointment for your free, initial, in-office consultation. He will personally meet with you and answer any questions and concerns you might have and will go over the details of how he can make sure your postnuptial agreement says and does all that is required in the state of Florida.
In most cases a postnuptial agreement will be upheld. However, the court may disregard any part or the entire document if it can be shown that:
An attorney with expertise in postnuptial agreements can help ensure your document will stand up in court. Attorney Gisondo has this expertise.
Love is often blind and unfortunately this can be true when trying to determine what the future will bring. Once a postnuptial agreement has been signed there is no changing the terms unless both parties agree and that is highly unlikely. When issues such as alimony amounts or even relinquishment or who receives certain assets are decided “for today” it can sometimes be unfortunate further ahead in the future. Health issues, job loss, relocation, and/or certain events such as a large, unavoidable debt, can make your postnuptial agreement a hardship rather than a help.
Each year it seems the divorce rate in the United States is getting higher and at present, in 2016, US census shows it hovering near 50% after 20 years of marriage. It also shows a relatively new phenomenon called Gray Divorce, that is couples over the age of 55 divorcing after many years of marriage. In fact, in the 2010 census, 1out of every 10 divorces involved couples 65 years and older with over half being first time marriages.
With all the social media available to people today, this kind of information is readily available and easily food for thought. “Could it happen to me” becomes a real question. Just in case, “what can I do to prevent my spouse from getting what, in my opinion, should be mine?” Issues such as life insurance, marital home, retirement plans, alimony, assets, debts, and savings become important. And, sometimes a couple may prefer to settle these issues themselves rather than take a chance should a divorce become necessary. For, unless things can be handled at a mediation (now required in Florida before a judge will hear the case) in a courtroom the judge, not you or your attorney, will decide how these issues will be settled.
Other reasons a married couple may want a postnuptial agreement can include health issues which could become terminal, acquisition of assets one of the spouses wants to be sure stays with them such as land, a boat, or a family business, or to protect children of a former marriage or relationship from becoming disinherited should their parent become deceased, and/or wavier of interest in the homestead property. As mentioned earlier, each case will have its own set of needs and concerns and most certainly a well qualified and experienced attorney like Attorney Gisondo will be required to sort it all out.
You should consult with a qualified, experienced Family Law attorney. Here is where Attorney Gisondo can advise you as how to best address your particular concerns and needs. He will be able to prepare and write a qualified legal document that will stand up in court. He will then assist in the signing of said document to be sure it is properly witnessed and notarized. You and your spouse should carefully read each part of the agreement and be sure to get clarification of any unclear parts before signing, as a signed legal document is binding. Also, be sure to allow plenty of time to accomplish your prenuptial agreement as well. If, after reading this information you still have questions and need more information you can take advantage of Attorney Gisondo’s free, initial, in-office consultation. Call (561) 530-4568 to make an appointment. He will meet with you personally and in his own words, “I will always keep an open mind and will fight your fight as if it were my own.”
In most cases, yes it will. Sometimes a Florida court will even honor a prenuptial agreement contracted in another state. There are, however, a few times a court will discount the agreement. The document must be properly prepared, in writing, and signed. Another significant reason you should use a qualified Florida Family Law attorney such as Attorney Gisondo. The court will also, upon proof, disregard a prenuptial agreement if either person entering into the agreement has lied about or failed to disclose their assets or financial affairs in full at the time of signing the document or if either of the parties was coerced into signing, for example bribed to do so. Too, if one party did not speak or understand English at the time of signing or have reasonable access to legal counsel the court may disregard the document. Consequently, it is best if each party has an attorney to help prevent these issues from occurring.
Yes. Probably the biggest risk is that no one knows the future. Business can fail, people can become seriously ill, jobs can disappear and what at one time seems practical such as determining the fair distribution of assets or the amount or relinquishment of alimony will, at the time of divorce be a burden or even a hardship. The flip side of this would be if either spouse becomes much better off financially or acquires valuable assets, the other spouse may not benefit or have an increased alimony from the amount agreed upon in the prenuptial.
While it would be wonderful if all or even most marriages were “to death us part”, in the United States the census bureau statistics show the divorce rate over all after 20 years of marriage hovers around 50%, with a divorce occurring every 10 to 13 seconds. Statistics further tell us that in second marriages the divorce rate is 48% after just 10 years while a third marriage has only a 1 in 4 chance of survival with 73% ending in divorce.
With these statistics in mind, it is understandable that a couple, especially one entering into a second, third or further, marriage would be likely to want to protect themselves in the area of property and asset distribution and the payment of alimony. Additionally, if there are children from a previous marriage this agreement can help protect property rights of stepchildren and if the natural parent dies keep the stepparent from disinheriting the children. Too, the disposition of life insurance policies and what happens to property and assets if one party dies can be a concern. These later two concerns are especially true when older couples marry.
Unless widowed, previously married persons have experienced what can happen in a divorce. And, knowing that marriages can and do fail, a legally binding prenuptial agreement makes a lot of sense. While this agreement can be drawn up without legal advice, this is risky. To be sure the agreed upon stipulations will hold up in court it is wise to use an attorney well versed in preparing prenuptial agreements. Attorney Gisondo, PA in West Palm Beach Florida is experienced in these preparations and will prepare the appropriate documents if you live in Palm Beach, Martin, Port St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough counties.
