Florida is one step closer to having specific guidelines for alimony. A bill has passed through the legislature. If approved by the governor the bill would become law on October 1, 2016. Presently, alimony is determined based upon a balancing of the needs of the recipient against the ability to pay by the obligor. The […]
Tag: attorney for men
Cell Phones and Social Media in Family Law Litigation: “Don’t say, or do, anything online, or via text, that you wouldn’t say, or do, in front of the judge.”
This is a very difficult subject to try to give advice upon because most of us are not feeling what you are feeling in that moment when you press “send” or “post.” During the family law litigation process emotions are high and reactions are rapid and unpredictable. To even the most calm and centered of […]
Emancipation of Minors
Emancipation is a common term used to describe the action of elevating the status of a minor to an adult. A minor is defined as a person who has not yet reached the age of 18. Minors that have not been emancipated do not have the right to assume the management of their own estates, […]
Update on Timesharing Bill – Florida Senate
The timesharing bill has received a favorable vote in the Senate Rules Committee. This is the bill that will establish a presumption that timesharing plans are to be approximately equal. The presumption may be overcome by consideration of the factors that we are used to, plus two additional factors that have been created. The bill […]
Florida Senate Tracker Update – Alimony Legislation
The alimony saga in the Florida legislature has taken an unexpected twist. Until yesterday, two separate bills (HB 455 in the House, and SB 668 in the Senate) were moving toward votes in the full chambers. Yesterday, however, Senate Bill 668 was amended in its entirety to delete the alimony guidelines and instead establish a […]
I just received a letter from the Department of Revenue (DOR) regarding a Proposed Administrative Support Order, what do I do?
If you have recently received a letter from DOR stating that the department is seeking to establish child support pursuant to a Proposed Administrative Support Order, do not hesitate: bring that letter to your lawyer immediately. There are very specific guidelines for what you can do when you receive such a letter, and all of […]
Florida Alimony Bill Update
House Bill 455 is the current Alimony Bill under consideration. It passed the Civil Justice Subcommittee by a vote of 9-4, and then was passed to the Judiciary Committee. An amendment was added yesterday (not a substantive amendment). A vote will be upcoming in the Judiciary committee shortly (not yet scheduled), and if it passes […]
Benedict v. Benedict
In Benedict vs. Benedict, the trial court entered a judgment for alimony arrearages while a petition seeking to downwardly modify alimony was pending. The appellate court affirmed the judgment, but noted that the debtor is able to proceed in the future to obtain relief from the judgment (under Rule 1.540(b)(5)) to the extent that the […]
Legislation Recently Introduced by Florida Legislature
Last week, the Florida Legislature introduced four separate pieces of legislation of note. Three of the bills introduced deal with alimony, and the fourth deals with timesharing/parenting plans. The three bills dealing with alimony (House Bill 455 and Senate bills 250 and 668) have different language, which we have not yet looked into. We do […]
What is the scope of Domestic Violence (DV) Court?
All too often, clients who are faced with seeking, or defending against, a petition for domestic violence injunction begin thinking about every single fact, issue, or detail of their lives and the lives of the opposing party. Suddenly, parties want to dig up every piece of “dirt” they know about the other person, and they […]