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October 2015 Archives

Incarcerated Parents and Child Support in Florida

The law in Florida has, until recently, been that incarnation is deemed voluntary on the part of the incarnated parent and therefore not a basis for modification of child support. However, the Obama administration may change that as soon as 2017 by reclassify incarceration as "involuntary". This may give incarcerated parents new options in terms of protecting themselves from exiting jail with extremely high child support arrears, which theoretically could end them back in jail and at best leaves these parents with insurmountable debt that they likely can never pay off. It also can leave these parents with a suspended driver's license and a revoked passport.

Basics of Alimony in Florida

At this point in time there are no set specific rules for an award of alimony in Florida. Frequently, I get calls from client and hear things like - there is no alimony if we have only been married for 3 years. Or, we have been married 9 years, if we don't get divorced now I will have to pay alimony. Neither of these statements is true. Of all of the areas of family law or divorce law, alimony is the most fact specific and the area that MOST requires a knowledgeable attorney to assess your case. To begin with, there are multiple types of alimony in Florida and each one is for a different purpose and would be applicable under different circumstances. The basic question in all alimony cases is does one party have an ability to pay alimony and does the other party have a need for alimony. Alimony, in general, is intended to help put people on somewhat equal footing. VERY generally speaking, alimony awards can be from 0% of the payor's income to 50% or more of their income depending on the facts. Many types of alimony are modifiable after they are entered in a divorce upon a showing of a substantial change in circumstance, some types of alimony are not modifiable. Alimony is typically taxable as income to the recipient and tax deductible for the payor. In brief, the types of alimony are:

Family Law and Guardian Ad Litems

The appointment of a guardian ad litem should be considered if you are in the midst of a custody  or family law matter, whether it is within a divorce, modification or paternity case, and there are allegations of drug use, neglect, unsafe living conditions, alcohol use or generally bad parenting.  Guardian Ad Litems (GALS) are professional who job it is to investigate the facts and circumstances of a case and to report to the Court on what they perceive would be in the best interest of the child. The recommendation of the GAL is not binding upon the Court, but most judges weigh very heavily a GAL's opinion.

Florida Divorce - Top 10 Vocabulary Words Part 1

In the midst of a divorce there are many words you have not heard before, have heard and not given much thought to or believe you know their definition but in reality do not. Here is a list of our top 10 vocabulary words for Florida Divorces.

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Plantation, FL 33317

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