Author: Elf
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A Seven-Step Analysis of Equitable Distribution in Florida Part 1: Classification and Valuation of Marital Property
In a divorce case in Florida, the court has to divide the things the couple owns. First, they decide which things were bought or owed before a certain date (like the day they got married) and which were bought or owed after that date. Then, they figure out the value of everything. After that, they…
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Determining the Best Interest of the Child: The Resolution of Name Disputes in Paternity Actions
When parents can’t agree on a child’s name, it can cause legal problems. In Florida, the law states that both parents should decide on the child’s name, but if they can’t agree, there are guidelines to follow. This applies to both last names and first names. The “best interest of the child” standard is also…
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Child Support Myths and Truths: Exploring the Assumptions Underlying Florida’s Statutory Guidelines
The myth that Florida’s child support guidelines were based on an economic analysis of divorced families in the state is not true. In fact, the guideline table and amounts were developed by a federal agency and were based on a study of intact families, not divorced ones. The study used data from households where both…
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Bridge-the-Gap Alimony: An Emerging Vehicle for Satisfying Short-Term Need
Bridge-the-gap alimony is a tool used by lawyers in Florida to help their clients with short-term financial needs after a divorce. It was first mentioned in a court case in 1979, where a husband was ordered to pay his wife alimony for a short period to help her transition to being single. Another court case…
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Family Violence: A Report on the State of the Research
Family court judges make important decisions in family violence cases every day, but they often don’t have access to the latest research on family violence. This research could help them make better decisions and find more effective solutions. There is a gap between researchers and the people who work in the court system, and this…
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Stock Options in Divorce: Assets or Income?
Stock options in divorce cases are a tricky issue because they have characteristics of both an asset and income. They represent a right to buy a company’s stock and can be alienable, like an asset. But they are also meant to capture the appreciation in value of the stock and are often given as compensation…
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Parent Coordinators: An Effective New Tool in Resolving Parental Conflict in Divorce
This article explains how a parent coordinator can help divorced parents resolve conflicts over their children. It includes perspectives from an attorney, a judge, and a parent coordinator. Attorneys and judges in Lee and Collier counties are using parent coordinators to help with high-conflict divorces involving custody and visitation issues. Parent coordinators are mental health…
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Parental Consortium
In the beginning of the movie “When a Stranger Calls,” a babysitter receives scary calls asking if she checked on the children. The rest of the movie focuses on something else instead, just like a law called F.S. §768.0415. §768.0415 is a Florida law that says if someone causes serious permanent injury to a parent,…
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Is It Alimony as Defined in IRC 71?
Alimony and separate maintenance payments can be deducted from income by the person paying them, and included in the income of the person receiving them, if they meet certain IRS rules. These payments don’t have to be specifically for support, and they don’t have to be made regularly. But they must meet all the requirements…
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Is It Alimony as Defined in I.R.C. 71? Part 2
Just because temporary alimony is labeled as such in a divorce agreement, it doesnât automatically mean it has to be taxed. There are exceptions, like if the payee and payer are living together, or if thereâs no need for a recalculation of the alimony. Other requirements also have to be met for the payments to…
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Dividing Pension Property After Boyett, Part I
Defined benefit pension plans are complex retirement plans, and the division of these benefits in a divorce can be difficult. A Florida Supreme Court ruling in 1998 made this even more complex. The ruling changed the way benefits are defined, making it harder to determine a fair division of property. This means that both spouses…
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Dividing Pension Property After Boyett, Part 2
Part II of the ruling on retirement benefits in the Boyett case has some important consequences. It means that when an employee reaches retirement age, they may be working for less pay than they could be getting from retirement benefits. This could encourage employees to retire early, and allow the employer to replace them with…
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Strategic Management of the Family Law Practice
Family lawyers need to start thinking of their practices as businesses if they want to succeed. Just like how some stores like Wal-Mart do better than others like K-Mart, lawyers need to have a plan (or strategy) for how they want to run their practice in order to be successful. This plan should include setting…
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Anatomy of a Child Custody Evaluation
Florida’s Family Law Rules allow for psychologists to evaluate parents and children in custody cases. However, the problem is that some reports are hard to understand and there’s no set way to do the evaluations. Psychologists can’t just do whatever they want, but there are right and wrong ways to conduct the evaluations. The goal…
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Special Equity and Unequal Distribution of Assets
In short, the legal firm and attorney involved in the case don’t matter. What’s important is that the court ruled in favor of the student and overturned the suspension for cheating. Special equity and unequal distribution are terms used in divorce cases when dividing marital assets. Special equity refers to a spouse’s vested interest in…
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Grandparents Have Rights After All
Even though the law used to give grandparents the right to seek custody of their grandchildren, the Florida Supreme Court changed that. But some grandparents still have custody. When a parent who lost custody wants it back, it’s a tough situation. The court has to decide if the parent is ready to take care of…
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Financial Affidavits in Domestic Relations Cases: Sunshine Trumps Privacy A Proposed Solution
In Florida, personal financial information in family law cases is usually available to the public because of a court rule that requires parties to file detailed financial documents. Some people are worried about their privacy, but it’s hard to keep these documents private. This goes against the privacy rights protected by the Florida Constitution. No…
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Freezing Your Assets Off: A Powerful Remedy on Thin Ice
In family law cases, a court can freeze a person’s assets without warning if they are trying to take their money out of the state or hide it to avoid paying alimony or support. This has been a law in Florida for a long time, and some courts make it a standard part of every…
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The Importance of Parent-Child Relationships: What Attorneys Need to Know About the Impact of Separation
In family law, the relationship between a parent and child is very important. Children who have a good relationship with their parents do better in school and with their friends. This can help the court decide where the child should live or if they should see their parent. When parents and children form a strong…
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Assessing the Veracity of Domestic Violence Allegations in Parenting Disputes
In child custody cases, domestic violence allegations are common. Some are true, and some are false. But false allegations can make it hard to believe true ones. It can harm both falsely accused parents and abused spouses. A batterer might use the legal process to continue abusing their ex-partner and using the children as pawns.…
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Long-arm Jurisdiction in Support and Divorce ActionsThe Unwary Beware
If someone needs to be served with legal papers in Florida and they are not in the state, strict adherence to the long-arm statute is required. Each state has different rules and procedures for this, but they all must follow constitutional due process. In Florida, there are specific requirements for serving someone outside of the…
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International Parental Child Abduction Part II: The Respondent’s Case
When a child is taken to the U.S. by one parent without the other parent’s permission, there is a rule that says the child should be returned to their home country. However, there are some situations where the court can decide to let the child stay in the U.S. These exceptions include cases where the…
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An Update on Florida Alimony Case Law: Are Alimony Guidelines a Part of Our Future?, Part I
Florida judges are considering using guidelines to determine alimony awards, similar to child support guidelines. This would make alimony awards more predictable and could reduce the need for litigation. Some judges and attorneys support this idea, although it is still being discussed. This could provide a clearer way to establish alimony support, as the current…
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An Update on Florida Alimony Case Law: Are Alimony Guidelines a Part of Our Future?, Part II
Many state legislatures are thinking about using alimony guidelines, but not many have put specific formulas in place yet. The Georgia and Nevada supreme courts have suggested using alimony guidelines. In Michigan, they have a committee that has looked at different computer programs for alimony guidelines and recommend one for the state to use. The…