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 […]
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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 […]
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 […]