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WHAT OPTIONS ARE AVAILABLE IN A FLORIDA DIVORCE WHEN THE RESPONDENT IS AVOIDING SERVICE

Posted by LEISA WINTZ | Aug 08, 2024 | 0 Comments

📜✨ Getting a divorce in Florida and your spouse is avoiding service? Don't worry, there are several options available to ensure they are properly served and the process moves forward. Here are the primary methods to consider: 1️⃣ Personal Service by Sheriff or Private Process Server: Hire the sheriff’s office or a private process server to personally deliver the divorce papers. They can make multiple attempts at different times and locations to catch the respondent. 2️⃣ Constructive Service (Service by Publication): If you can't locate the respondent or they're avoiding service, seek court approval to serve by publication. This means publishing a notice in a local newspaper for four consecutive weeks. Remember to file an affidavit of diligent search and inquiry and a proof of publication with the court. 3️⃣ Substitute Service: If the respondent is avoiding service at home, the process server can leave the papers with anyone 15 years or older at the respondent's usual place of abode and inform them of the contents. 4️⃣ Service by Mail: If the respondent agrees, they can be served by mail. They must sign an Acceptance of Service to acknowledge receipt of the documents. 5️⃣ Service on an Attorney: If the respondent has an attorney, you can serve the papers on the attorney, provided they accept service on the respondent's behalf. 6️⃣ Service Outside the State: If the respondent is out of state, serve them according to the service rules of their location or any method reasonably calculated to give actual notice.

Imputation of Income in Florida Family Law Cases

Posted by LEISA WINTZ | Aug 07, 2024 | 0 Comments

In Florida, imputing income is key in fair child support and alimony determinations. This process assigns a hypothetical income to a party, ensuring they can't dodge responsibilities by being unemployed or underemployed. Understanding the Concept Courts may impute income if they believe a party is earning less than they could. Factors include previous employment, qualifications, and job market conditions.

Understanding Child Support Calculations in Florida: A Lawyer's Perspective

Posted by LEISA WINTZ | Jun 13, 2024 | 0 Comments

Gain a comprehensive understanding of Florida's child support formula. This course provides valuable insights into how variables like income, overnights, and health insurance premiums impact child support amounts, helping you navigate family law proceedings more effectively. **Key Takeaways:** - Learn the key factors that influence child support in Florida. - Understand the importance of accurate income and overnight entries. - Discover how health insurance costs and alimony affect child support. - Get a clear picture of how the child support amount changes as circumstances vary. Enroll today to empower yourself with the knowledge to handle child support calculations confidently!

Understanding Child Support Calculations in Florida

Posted by LEISA WINTZ | May 21, 2024 | 0 Comments

Florida's child support calculations take into account each parent's income, including wages, passive income, and certain business expenses. An algebraic formula is used to determine the support amount, factoring in incomes, healthcare costs, childcare expenses, and the child's overnight stays with each parent. Child support can be modified due to significant changes in circumstances, such as employment or healthcare costs. In-kind contributions like housing are also considered in the calculations. It's important for parents to maintain accurate records and seek legal advice for their specific situations.

Navigating Divorce for Business Owners in Florida

Posted by LEISA WINTZ | May 16, 2024 | 0 Comments

Are you a business owner facing the complex terrain of divorce in Florida? In this blog from the FMLG Podcast, hosts Nazarena and Leisa delve into the intricacies of navigating a business during a divorce. From understanding how to evaluate the business assets to answering common questions about child support and alimony, this episode is packed with valuable insights and practical advice.

LUMP SUM ALIMONY

Posted by LEISA WINTZ | May 09, 2024 | 0 Comments

The BLOG outlines the concept of lump sum alimony in divorce settlements, highlighting its role in providing economic assistance to the recipient spouse for achieving self-support. It emphasizes that for such alimony to be awarded, there must be a demonstrated need by the recipient, an ability to pay by the payor, and a justification for the payment. The court in Florida is allowed to combine different forms of alimony, including lump sum payments, to better assist economically. However, the court must make clear factual findings about the need and ability to pay, as failure to do so may lead to the alimony award being reversed for further examination.

Navigating Temporary Support in Florida Divorce Cases: Insights and Implications

Posted by LEISA WINTZ | May 09, 2024 | 0 Comments

In the blog, we delve into the intricacies of temporary support in Florida divorce proceedings, shedding light on its purpose, legal framework, and implications for both parties involved. Temporary support is designed to offer financial stability to a spouse during the divorce process, clearly distinguished from durational alimony and not affecting the final alimony calculations. The blog emphasizes the provisional nature of temporary awards, which are interlocutory and can be adjusted or superseded by the final divorce judgment. Key legal cases, such as *Digiacomo v. Mosquera* and *OGLE v. OGLE*, illustrate the specific nuances and legal boundaries of temporary support, including the court's discretion to modify or vacate temporary alimony orders, even those agreed upon by both parties. The importance of understanding these legal nuances for strategic planning and financial stability during divorce proceedings is underscored, highlighting the critical role of legal counsel in navigating these complexities. The blog concludes by stressing the essential function of temporary support in ensuring financial fairness and stability during the challenging transition of divorce, advocating for a well-informed approach to navigating temporary support arrangements to achieve an equitable resolution.

Understanding the Impact of Voluntary Retirement on Alimony in Florida: A Closer Look at the New Legal Framework

Posted by LEISA WINTZ | May 09, 2024 | 0 Comments

The recent amendment of Florida Statute 61.14 introduces a significant update to how courts handle the reduction or termination of alimony due to an obligor's voluntary retirement, offering a structured framework for consideration. It delineates nine critical factors for evaluation, including the obligor's age and health, the nature and type of their work, income comparisons between parties, the financial needs and abilities of the obligee, the economic impact on the obligee, the customary retirement age within the obligor's profession, the motivations behind retirement, post-retirement benefits, and a broad provision for equity and justice. This new legal framework seeks to balance the financial realities of retirement with the rights and needs of ex-spouses, ensuring that adjustments to alimony are made fairly and with consideration of all parties' financial and personal circumstances. The change is a pivotal step towards a more nuanced and equitable approach to handling the intersection of retirement and alimony, emphasizing the importance of informed legal counsel in navigating these adjustments.

Understanding Alimony Laws in Florida: A Comprehensive Guide to Alimony

Posted by LEISA WINTZ | May 07, 2024 | 0 Comments

Alimony, or spousal support, remains a pivotal element of divorce proceedings, with Florida's laws providing a framework that emphasizes fairness and adaptability to the changing circumstances of both parties involved. In this expanded guide, we explore the complexities of alimony laws in Florida, demystifying common myths, dissecting the mathematical considerations, and highlighting the crucial legal requirements for written findings of fact.

STANDING ORDERS VS STATUS QUO ORDERS IN FLORIDA

Posted by LEISA WINTZ | May 03, 2024 | 0 Comments

Family law in Florida is governed by various orders which can greatly impact the process and outcomes of family court proceedings. In this guide, we'll take a closer look at two specific types of orders: standing orders and status quo orders, drawing insights from recent training videos produced by the Family Matters Law Group.

Navigating Summer Camp Enrolment with Shared Parental Responsibility

Posted by LEISA WINTZ | May 02, 2024 | 0 Comments

Discussion of dilemma about shared parental responsibilities when enrolling a child in summer camp. We discussed the essential need for co-parents to collaborate on major decisions, and how a camp might fit into this category if it serves as child care necessary for work. We discovered that, while one parent might choose and pay for the camp, the type of camp and the potential impact on the other parent's time with the child must be considered. Understanding and possibly challenging the boundaries of your parenting plan is crucial if disagreements arise. Let's navigate these complexities together and ensure the best choices for both parents and children. Tune in to delve deeper into how to handle these delicate situations smartly and legally!

Navigating Parenting Plans for Summer Camp

Posted by LEISA WINTZ | May 01, 2024 | 0 Comments

Leisa discusses the importance of parents reviewing their parenting plans as summer approaches to manage summer camp arrangements for their children. She highlights that different parenting plans might have different stipulations regarding the choice of camps, payments, and other logistical considerations, particularly when parents frequently disagree. She suggests that where the parenting plan lacks details, parents should navigate the situation to the best of their abilities, ensuring they meet any necessary childcare needs-especially when it relates to work. Additionally, she advises that typically, the cost of summer camp, when considered necessary for childcare, should be shared proportionately by both parents. Leisa also addresses different custodial schedules like a two-week rotation model, suggesting that in some cases, the parent with whom the child is staying might be responsible for the summer camp decisions and expenses during that period. Lastly, she emphasizes the necessity of having or considering these factors in the parenting plan to smooth the process for both the parents and the children involved.

The Ins and Outs of Last Name Changes in Florida Divorces

Posted by LEISA WINTZ | Apr 25, 2024 | 0 Comments

In Florida divorces, the decision to keep or change the last name after divorce is solely up to the wife, distinguishing it from many other states. This unique aspect of Florida divorce law holds significant implications for couples navigating the divorce process. There are various reasons why a wife might choose to keep her last name post-divorce, including professional considerations and maintaining consistency for children's sake. It's essential for spouses seeking a name change during divorce to include this request in the initial petition to avoid additional expenses and administrative hassle later. Post-divorce name changes can be financially burdensome, with legal fees, court costs, and administrative expenses quickly accumulating. Addressing name change requests upfront during the divorce process is crucial to mitigate stress and financial strain. Understanding the decision-making process, motivations for retaining the last name, and associated costs empowers individuals to navigate this aspect of divorce with clarity and foresight. For further insights and guidance on this topic, individuals can visit www.familymatterslawgroup.com or contact the firm at 954-904-1020.

Unraveling the Complexities of Family Law: How a Modern Florida Law Firm is Making Legal Assistance More Accessible

Posted by LEISA WINTZ | Apr 25, 2024 | 0 Comments

Welcome to today’s insightful session on modern family law practices. We delved into the complexities of attorney-client dynamics, particularly in conflict situations, and highlighted the importance of careful representation. Our unique approach at FMLG Marketing with Leisa and Nazarena Hauser involves offering various tailor-made legal services that cater to different budgets and needs, including DIY legal courses, mediation coaching, and litigational representation. This enables our clients to navigate their legal challenges more effectively and knowledgeably. Stay informed, make empowered decisions. Join us next time for more invaluable legal insights.

Navigating the Waters of Family Mediation: Understanding the Process and Maximizing Positive Outcomes 

Posted by LEISA WINTZ | Apr 21, 2024 | 0 Comments

Hey everyone, On Episode 11 of Family Matters on Sundays, we dove deep into the mediation process in family court, sharing essential insights. We discussed the value of mediation training, the variability in mediation styles, and why virtual sessions post-COVID are game-changers. We tackled mediation fees and why it's not always best to go for court-subsidized mediators—sometimes you get what you pay for. Shared costs, strategy, and achieving fair settlements were debated, and the importance of preparation and collaboration with your attorney to maximize outcomes in these sessions cannot be overlooked. Whether it's a full agreement or a partial one, mediation can be your pathway to resolving family disputes efficiently and effectively, often without setting foot in a courtroom. Tune in for more indispensable legal wisdom, and remember, with the right approach, mediation is an investment in your family's future.

“Prenuptial Agreements: The Modern Love Letter in Florida”

Posted by LEISA WINTZ | Apr 21, 2024 | 0 Comments

**Blog Summary: Prenuptial Agreements - The Modern Love Letter** In the evolving landscape of marriage, prenuptial agreements are gaining recognition as essential tools for fostering stronger relationships. Despite a common misconception that prenups predict marital failure, they actually promote financial transparency and protect individual interests, contributing to a healthier marriage. The blog discusses the emotional response to prenups, highlighting a survey where 63% of individuals felt intimidated by the prospect. However, it also notes the rising trend of prenups, with a 200% increase in the last two decades, though only 16% of couples currently have one. Family Matters Law Group advocates for the use of prenups, not as a sign of mistrust, but as a proactive step towards ensuring a harmonious future. The blog emphasizes that prenups are less about anticipating divorce and more about preparing for a successful marriage. With practical benefits outweighing misconceptions, prenups are portrayed as modern love letters that embody the spirit of mutual care and understanding. For those considering marriage, the blog encourages reaching out to Family Matters Law Group to explore how a prenuptial agreement can serve as a pillar of strength in their union.

Navigating Child Support in Florida: Understanding Arrears and Retroactive Payments

Posted by LEISA WINTZ | Apr 14, 2024 | 0 Comments

Join us in this informative episode of the FMLG Podcast as we dive deep into the nuances of child support in Florida. Hosts Leisa and Nazarena unravel the complexities of child support arrears versus retroactive payments and explain how the family court system in Florida handles these matters. 🎧 In Episode 11 - "Family Matters on Sundays: Child Support Arrears vs Retroactive," our seasoned family law attorneys discuss: - The key differences between child support arrears and retroactive support - The implications of not making court-ordered child support payments - How retroactive support is assessed and its limitations - The impact of health insurance costs, income changes, and other critical factors on child support calculations 🔍 This discussion is crucial for anyone navigating the family law system in Florida, as it provides valuable insights into child support obligations and payments. Whether you're a parent dealing with support payments or a professional seeking a better understanding of the legal landscape, this episode offers clear guidance and expert opinions.

Interesting review of a very important case about substance-abuse and custody in Florida

Posted by LEISA WINTZ | Apr 06, 2024 | 0 Comments

Certainly! Here's a concise summary of the **Daniello v. Settle** case: In this legal battle, Alexander Charles Daniello and Kristy Marie Settle faced off in a paternity case. The pivotal issue was whether the Mother's newfound sobriety constituted a substantial change in circumstances, justifying a modification of the custody order. The court ruled that her sobriety, achieved shortly after the initial judgment, did not meet the threshold for modification. This case serves as a reminder that legal decisions must carefully weigh the impact of life changes on custody arrangements. *Disclaimer: This summary provides an overview of the case and does not constitute legal advice. For specific legal matters, consult an attorney.* 📚🔍🤝

Navigating Divorce: Understanding Family Law Elements

Posted by LEISA WINTZ | Apr 05, 2024 | 0 Comments

Insights from Family Matters on Sunday Episode #6, PEACE Introduction:The FMLG Podcast team brings engaging and beneficial content to thousands of listeners, delving into various aspects of family law. The April 2, 2024 episode provides invaluable insights into peace and family law, focusing ...

Navigating Child Support in Florida: What You Need to Know

Posted by LEISA WINTZ | Apr 02, 2024 | 0 Comments

To sum it up, child support in Florida follows a specific formula and can be modified in the future if there are significant changes in the relevant factors. If you're in need of more information or considering seeking legal assistance for child support matters, don't hesitate to reach out to our team at Family Matters Law Group. We're here to provide guidance and support to help you navigate the complexities of child support in Florida Family Court.

Bankruptcy & Divorce in Florida

Posted by LEISA WINTZ | Apr 02, 2024 | 0 Comments

Check out Family Matters on Sundays #10, where we delve into the complexities of family law and bankruptcy. In today's episode, we join Leisa, an attorney from Family Matters Law Group, as she discusses the intertwining issues of bankruptcy and divorce with her good friend Chad Van Horn, a bankruptcy attorney. They tackle questions about the timing of filing for bankruptcy in relation to divorce, the impact of bankruptcy on divorce settlements, and the unique intersection of alimony and bankruptcy. From navigating credit card debt to unraveling the complexities of chapter 13 bankruptcy, Leisa and Chad provide valuable insights into how these legal matters intersect and influence each other. It's a conversation filled with practical advice and real-life case experiences that shed light on the crucial relationship between bankruptcy and divorce. So sit back, relax, and get ready to explore the world of family law and bankruptcy in today's enlightening episode.

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