The followingis a child support modification case under UIFSA. The Florida court never obtained subject matter jurisdiction allowing it to modify the foreign court’s child support order, so the modification was void. UIFSA has specific requirements to grant a state the jurisdiction to modify a foreign court’s child support order, none of which was satisfied […]
Tag: Divorce Lee County
Child Support
As attorneys, we are often asked when a client should begin to pay child support, or if they should pay at all. The Court has the ability to order child support retroactively to the date of filing, the date of separation, or up to two years prior to the start of the case in a […]
Garcell v. Garcell
the following case the appellate court reversed a Final Judgment of Dissolution of Marriage because the Wife was not given an opportunity to fully present her case. At the conclusion of the final hearing, the court granted the Wife 45 days to complete discovery and then to reschedule the hearing to learn about what had […]
Holiday Traditions
No matter which holidays your family celebrates, there are sure to be some tried and true family traditions. When your family is going through a divorce or paternity action, it is easy to get caught up in the negative emotions and to want to ignore the holidays. However, your children need to feel secure in […]
Exclusive Use Of The Marital Home
During a marriage the parties enjoy a status that is similar to a partnership. That is, all assets and liabilities of the partnership (marriage) are jointly owned in equal proportions by the partners, including the marital home. Partners in a business venture may define their partnerships in unequal proportions (for example, one partner may have […]
Holiday Gift Giving
The holiday season is upon us. If you are in the middle of a divorce or paternity case, you are likely feeling pressure to make the holidays extra special. You may be tempted to overspend on gifts for your children in order to make up for the confusion they are feeling or for “breaking up” […]
Corporations In Divorce
These days it is not unusual for a married couple to have one or more businesses that are incorporated as Corporations or Limited Liability Companies (LLC). When divorce comes up, a question should be asked “should the corporation be made a party?” If a spouse wants to have property that is owned by a corporation […]
Imputing Income To An Unemployed Spouse – Paying Alimony
Imputation of income is an important legal concept for anyone who pays alimony to understand. If a former spouse who pays alimony (“payor spouse”) becomes unemployed, that payor spouse’s request to terminate, suspend, or reduce his or her alimony payments could be denied by the Court if the Court imputes income to that payor spouse. […]
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 […]