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. […]
Tag: attorney for men
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 […]
Dividing Marital Property – Part I
A common question we get about splitting up “stuff” is: Do we each get half of the marital assets? Florida law says that the starting point for dividing marital property, assets, and liabilities is 50-50, but 1) there are many exceptions to that law, and 2) individual assets and liabilities sometimes cannot be divided. Consider […]
Parenting Plans – The Difference Between Parental Responsibility And Timesharing
If you are facing divorce and have children, you will need to create a parenting plan that complies with the laws surrounding shared parental accountabilities. This plan must consider three main areas: child support, timesharing, and parental responsibility. In the state of Florida, parenting plans must address parental responsibility and timesharing independently. Parental responsibility deals […]
Alimony In Florida, A Thorny Issue
The Florida legislature enacted Florida Statutes, Section 61.08, to give trial courts the discretion to award alimony to either party in the appropriate dissolution of marriage case. However, the legislature established limits to the trial court’s discretion in awarding such alimony. Foremost, to get alimony in Florida, the trial court must make a specific factual […]
Florida Child Support Laws
When a couple separates and has children together, it is urgent that the father seek advice from an experienced father’s rights attorney as soon as possible. Child support is a legal duty that is paid by both parents and, under Florida child support laws, the obligation to pay child support begins immediately upon the separation […]
Retirement Plans And Pension Division During Your Divorce
Clients often ask us how pension division happens for Individual Retirement Accounts, 401Ks, and other retirement plans during a divorce. After years of investing in these accounts, dividing them up can be a big concern even if the spouses are nowhere near retirement age. There are several ways to proceed with a pension division of […]