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. […]
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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 […]
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 […]
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 […]
Parental Responsibility
In Florida, parenting plans must address parental responsibility and timesharing independently. So what is parental responsibility in the eyes of Florida courts? Simply put, parental responsibility refers to the authority parents have to make decisions that affect a minor child’s life. Generically, this can refer to everything from bed times and meals to religious affiliation […]
Unmarried Biological Fathers: Preserving Your Parental Rights
A man who has had sexual intercourse with a woman to whom he is not married should understand how to protect his parental rights in the event of a pregnancy. The laws in Florida that apply to such circumstances are found in the Florida adoption statute, Chapter 63, which established the putative father registry. The […]