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 […]
Downward Modification Of Alimony vs. Suspension Of Obligation To Pay
If you are paying permanent alimony to a former spouse, you should be aware of the grounds for seeking a court order reducing your obligation versus the suspension of your obligation. Generally, a payor of alimony is entitled to a reduction in alimony payments if there has been a substantial change in his or her […]
Is A 401(K) An Asset Or A Source Of Income?
Consider this scenario: ten years ago, when the parties were still employed and working, the court awarded to each of the parties one-half of the husband’s retirement account. The court also awarded permanent alimony to the wife. Now, ten years later, the former husband has retired and is taking distributions from his retirement account. In […]
Alimony and Supportive Relationships
Those of you who pay alimony should be aware that your alimony obligation could be reduced or terminated by the court if the court determines that since your divorce, a supportive relationship has existed between your former spouse and the person with whom your former spouse resides. In evaluating whether a supportive relationship exists between […]
Gifting The Home To Your Spouse
Let’s assume that, prior to the marriage, John solely owned a home with a mortgage that only he was liable for. After John married Nancy, he had a quitclaim deed prepared by an attorney, and signed over the house to himself and Nancy jointly. The mortgage remained unchanged. Ten years later, John seeks a divorce […]
The Relationship Between Timesharing And Child Support
Florida Statute 61.30 provides the guideline calculations for determining the amount of financial support the parents are required to pay. In addition to the respective incomes of the parties, health insurance costs, daycare expenses, and tax obligations, the child support amount is largely affected by the timesharing schedule ordered by the court. Parents who exercise […]
Utilization Of A Parenting Plan Evaluator
At times, parents disagree over the schedule that is both suitable to the parties and in the best interests of the minor children. In these circumstances, some parents will enlist the assistance of a qualified evaluator to make expert recommendations regarding the “proper” parenting plan and timesharing schedule. While parenting plan evaluations are not mandatory […]
Attorney’s Fee Provision In Marital Settlement Agreement
If you are involved in a divorce case and settle your case at mediation or at some point in the proceedings before trial, you should consider having a “prevailing party” attorney’s fee provision inserted into your marital settlement agreement. Such a provision provides that if either party has to file an action to enforce the […]