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Divorce and Family Law Archives

Child Abuse & Neglect - Combining Criminal & Family Law

Allegations of child abuse or neglect can generate criminal or family cases against the accused. In many cases a parent accused of child abuse or neglect by the State of Florida in a criminal case will also find themselves defending against a Supplemental Petition to Modify a parenting plan or custody. Sometimes a third case of an injunction for protection against domestic violence could also be brought.

Divorce, Retirement Pension - Purchase of Premarital Years.

In divorces, a large asset for most people is their retirement or pension. A pension or retirement account is likely a marital asset that has to be divided by the divorce court. If a spouse began saving for retirement before the marriage, or if it is a second or subsequent divorce, then all of the pension may not be a part of the marital estate.  

Family Law - Child Support Enforcement & Spendthrift Trusts

In family law, whether divorce or paternity, once there is an order of child support, the next problem for some is collecting said support payments. Enforcement of child support can be especially difficult when the obligor has no assets, hidden assets or protected assets. One way to protect assets from being depleted is by having a spendthrift trust that restricts the way that funds that are distributed can be used.

Even in Divorce Words Mean Things - "A" Prenuptial Agreement

In divorce or dissolution of marriage cases, if there are any prenuptial or postnuptial agreements, the Court will have to decide the validity of the agreements but may also have to interpret the meaning. Prenuptial or postnuptial agreements are interpreted using contract law principles because they are contracts by another name.

Divorce and Tax Treatment of Alimony

In divorce or dissolution of marriage cases, the tax treatment of alimony or spousal support changed radically at the end of 2018. These changes will affect all cases where alimony is agreed to, or ordered by the Family Court. Effective January 1, 2019, the changes to the tax treatment of alimony have turned upside down the historical tax treatment of alimony

Florida's Equitable Distribution in Divorce - dividing property

In a proceeding for divorce, called dissolution of marriage in Florida, a substantial issue is the division of property owned by the spouses. First a divorce court will identify and separate each spouse's marital and nonmarital assets and liabilities. Identification of assets and liabilities as marital or nonmarital is therefore very important because, only marital assets and liabilities are subject to distribution in a dissolution action.

Changing Family Law - Florida Judge Overturns Ban on Gay Marriage

On July 17, 2014 Circuit Judge Luis M. Garcia overturned the ban on Gay Marriage in Florida. The case was in the 16th Circuit which only encompasses Monroe County Florida. Therefore, this decision is not binding on any other trial court. In addition it is not binding on any other County Clerk.

Unusual Child Support Order

In family law, there are several consequences for not paying child support. An unusual sentence, at least in my opinion, was handed down and appealed in another state not Florida. The individual was actually sentenced on a crime and the court took the liberty of addressing back child support in the criminal case.

New Divorce law on Payable on Death accounts

A new law in divorce or dissolution of marriage cases will impact the payments of transfer on death assets on many divorces moving forward. This new law which went effect on July 1, 2012 addresses what happens when an account or asset has a provision to pay a beneficiary upon the death of an individual. Usually we are talking about a bank account or retirement plan of some kind payable on death to the survivor.

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