If you have been awarded a particular distribution of assets and/or liabilities, and the opposition is not doing what they have been ordered to do, there are many legal remedies available to compel compliance. The courts always maintain jurisdiction to enforce their own orders, and the law also provides remedies that can be enforced in […]
Tag: Florida Family Law
Caution Re: Retroactive Child Support
Parties should be aware that the obligation to pay child support begins immediately upon the separation of the parties. F.S. 61.30(17) states: “In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to […]
The IRS Alimony Recapture Rule
Ordinarily alimony is deductible from the payor’s gross income, and includable in the recipient’s gross income, for income tax purposes. Thus there is some tax advantage to paying alimony. But, that advantage can be eliminated if you don’t pay heed to the IRS’ Alimony Recapture Rule (I.R.C. § 71(f)). If you are caught in the […]
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 […]
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 […]
Unmarried Biological Fathers: Preserving Your Parental Rights
A man who has had sexual intercourse with a woman to whom he is not married should understand how to protect his parental rights in the event of a pregnancy. The laws in Florida that apply to such circumstances are found in the Florida adoption statute, Chapter 63, which established the putative father registry. The […]