Many parents are of the belief that child support terminates immediately upon the minor child reaching age 18. However, the state of Florida does permit extensions of child support beyond the age of majority in certain circumstances. F.S. 743.07 provides: (1) The disability of nonage is hereby removed for all persons in this state who are […]
Modifiability Of Asset And Liability Distribution
Simply put, when a Final Judgment is entered which distributes the marital assets and liabilities to the now-former spouses, the trial court loses the ability (jurisdiction) to modify the distribution at some later date. There are a few exceptions to that general rule, but the exceptions would only apply in very narrow situations. Absent those […]
Timesharing Factors
Florida courts no longer use the term “custody” with regards to children. Instead, the Court fashions “timesharing plans” that consider specific factors that are in the best interests of the child(ren). One factor that can be difficult, especially if you are involved in a difficult divorce or paternity case, is the first factor the courts […]
Enforcement of Property Distribution
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 […]
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 […]
Modification Of An Existing Parenting Plan
There are two ways to modify an existing parenting plan. The first is by the agreement of the parties. The second is through the court. In order to modify an existing parenting plan through the court, the parent requesting the change must do three things. They must prove that the change is requested due to […]
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. […]
How Does The Florida Court Fashion A Time-Sharing Plan
How does the Florida Court fashion a time-sharing plan? If parents are unable or unwilling to agree to time-sharing plan in mediation, the Court will dictate how much time each parent spends with the children. The Court must consider the best interests of the child(ren) when determining the time-sharing schedule. The factors considered by the […]
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 […]
Attorney’s Fees In Representation Agreements
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 […]