For this Thanksgiving issue of the Men’s Rights Blog, let’s take a minute to acknowledge some practical pieces of advice that family law litigants can use to help facilitate the difficult process of dealing with divorce and custody issues. During this trying time, it is easy to get lost in all the stress, and even […]
Tag: divorce
Stantcheva v. Stantcheva
Stantchev v. Stantcheva is an equitable distribution case based upon the date of valuation. Two months before the date of filing the Husband had made a transfer from a marital account in the U.S. to a marital account in Bulgaria, and during the transfer and exchange of the funds from U.S. Dollars to Bulgarian leva […]
Retirement Accounts in Divorce: Assets or Income?
According to Florida law, retirement accounts can be treated as both an asset AND a source of income for alimony purposes. So, in the context of seeking alimony modification due to retirement, courts are correct to look at retirement accounts now in pay (distribution) status as sources of income for the alimony payor, even though […]
I Just Filed For Divorce And Now My Wife Is Threatening To Leave And Take The Kids, What Can I Do?
Often times in divorce, when a Petition for Dissolution is filed, a judge may issue a Standing Temporary Order for Dissolution of Marriage. Within this order, among other things, the parties are ordered that “neither party may remove the children from their current residence without written agreement of both parents, or an order of this […]
What About The Mortgage?
The marriage is over. Husband and Wife own a home, with a mortgage that has an outstanding balance. The Wife also has a 401(k) with a balance that’s roughly equal to the value of the home minus the debt. A solution may be to award the house to the Husband and the 401(k) to the […]
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 […]
Schmidt v. Schmidt
The attached alimony case has a tortured procedural history, apparently due to things that were happening during the passage of time between trial and the final judgment. The original trial judge made oral pronouncements and requested submissions of proposed alimony findings, and the final judgment that was later entered did not accurately reflect the oral […]
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 Timesharing
The holiday season is fast approaching. If you are currently in the middle of a divorce or paternity case, you may not have a holiday timesharing schedule in place yet. Holiday timesharing temporarily replaces your everyday schedule. In other words, even if you have a regular timesharing schedule that you follow, if there is not […]