When entering into a representation agreement with your attorney in a dissolution of marriage case, you will find that generally, attorneys charge for their services based upon an hourly rate and require a retainer to cover a certain number of hours of work on your case. Generally, the attorney will also require payment of additional […]
Importance of Timesharing
Parents who have a limited amount of timesharing with their children (for example every other weekend), often feel that they are required to do something “extra special” each time they are together with their children. This can result in unrealistic expectations on the part of the children and a tremendous strain on the parent’s budget. […]
How Is The Marital Estate Determined?
Everything that a spouse acquires from the day that the marriage occurred to the day that a Petition for Dissolution of Marriage is filed is marital by default. That includes assets and liabilities, however they are titled. We start with the assumption that all of those things are marital and thus part of the marital […]
Social Security Disability Income (SSDI) and It’s Impact On Child Support
Florida Statute 61.30(1) creates the presumptive amount of child support that an obligor should pay, dependent on the timesharing schedule, incomes of the parties, health insurance expenses, and other factors. In the event a parent is disabled and receives SSDI payments from the government, that income is specifically includable in their gross monthly income pursuant […]
Attorney’s Fees Related To Unnecessary or Bad Faith Litigation
Generally, the purpose of an attorney’s fee award in dissolution of marriage cases is to ensure that both parties have similar access to counsel and can thus fight the action on nearly equal footing. Thus, in a case where one party is in a far superior financial position, that party may be ordered to pay […]
Family Businesses In The Divorce
Many families derive all or a portion of their income from businesses that one or both spouses own, so often the business becomes an integral part of a divorce. The first question that must be tackled is whether or not to include the business as a party to the divorce. Sole proprietorships (unincorporated businesses) do […]
Can I Discharge In Bankruptcy Debts To My Former Spouse?
The answer depends upon the nature of the debt. Certainly, alimony cannot be discharged in bankruptcy, nor can child support. But when a payment to a spouse is not termed alimony or child support, the question of dischargeability is muddied. Ordinary debts to a spouse are usually dischargeable, so if, for example you have agreed […]
Alimony: Tax Considerations
If you are going through a divorce and alimony is an issue, you should be aware of certain basic tax considerations associated with an award of alimony. Generally, the treatment of alimony is to make the alimony taxable to the recipient and deductible by the payor. Alimony is to be included as part of the […]
Shared Parental Responsibility Intervention
Professional intervention in parental responsibility issues sometimes becomes necessary. Therapist mediators are, at times, necessary when parents are arguing over issues such as schooling decisions and medical care. The therapist mediators may recommend therapeutic intervention and may be able to monitor compliance in resolving issues. Professional intervention may also be used to help provide parents […]
Child Support – Direct Payment vs. The Depository
Many older (and some newer) final judgments provide for a child support obligation that is to be paid directly to the other parent via check, money order, or otherwise. However, most court-ordered child support obligations must be paid through the state depository in Tallahassee, which then disburses the funds to the payee. Upon disbursement, the […]