The holiday season is upon us. If you are in the middle of a divorce or paternity case, you are likely feeling pressure to make the holidays extra special. You may be tempted to overspend on gifts for your children in order to make up for the confusion they are feeling or for “breaking up” […]
Tag: attorney for men
What Is The Significance Of Filing A Petition For Dissolution Of Marriage As It Relates To Assets And Liabilities?
According to FS 61.075(7), the cut-off date for determining marital assets and liabilities is the date of filing, unless there is a written agreement otherwise. So, if you are concerned that your spouse may acquire debt for which you will become liable, filing the petition will establish the date where that cannot happen. All assets […]
Options To Challenge A Final Judgment: A Complex Area Of Law
Have you recently gone to trial in your case and received a final judgment? Do you not agree with the judgment? Do you want the judgment overturned? You have several options: 1) Appeal – Under the rules of appellate procedure, you have 30 days from the date the judgment was rendered (ie – the date […]
Does Title Matter?
When fashioning an equitable distribution plan, does it matter that assets are titled solely to one spouse or the other? The answer is: Yes and no. Think of the assets and liabilities of a marriage collectively as a pie. From the standpoint of determining what goes into the pie filling, legal title is irrelevant. Everything […]
P.E.A.C.E. In Divorce
Family law attorneys are often asked if there is an order in which the Court decides various issues in a divorce. The answer is, yes. The acronym P.E.A.C.E. sets forth the order in which the Court will determine the issues in your case. P.E.A.C.E. stands for: (P)arenting; (E)quitable Distribution; (A)limony; (C)hild Support; and(E)verything Else. Why […]
Corporations In Divorce
These days it is not unusual for a married couple to have one or more businesses that are incorporated as Corporations or Limited Liability Companies (LLC). When divorce comes up, a question should be asked “should the corporation be made a party?” If a spouse wants to have property that is owned by a corporation […]
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 […]
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 […]