Author: Elf
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Florida’s Four Orders of Protection Against Violence: Distinguishing the Difference
In Florida, there are four types of protection orders called injunctions that protect people from violence. These are for domestic, repeat, dating, and sexual violence. These are civil cases and have specific rules and forms to use. When filing a case, it’s best to use the Florida Family Law Rules version of the petition. There…
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Florida’s Supervised Visitation Programs: The Next Phase
In 1997, there were 15 supervised visitation programs in Florida, but now there are over 40, serving over 40,000 visits in 2002. These programs provide a safe place for noncustodial parents to see their children in court cases involving custody issues or domestic violence. Every judicial circuit in Florida now has at least one program,…
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Grandchild Support
In family law, the general rule is that only the married couple’s income and assets are considered for things like alimony and child support. But there’s a rare exception where the husband’s recurring gifts from his parents were counted as income for child support. This exception is not widely accepted and should be carefully reviewed…
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A Lawyer’s Guide to Assessing Dangerousness for Domestic Violence
Two women are being terrorized by their husbands, one physically and the other emotionally. They and their children are in danger. This article helps professionals figure out how dangerous the situation is and how likely it is to become deadly. Domestic violence is a serious issue, with up to 1,300 women being killed by their…
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Family Law Economics, Child Support, and Alimony: Ruminations on Income, Part I
My economics of the family course covers the money and property aspects of family law, like who gets what and why. It’s really similar to tax law, because both deal with money and assets, and how to keep more of them. Just like tax lawyers and accountants try to minimize income and assets to save…
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Family Law Economics, Child Support, and Alimony:Ruminations on Income, Part II
In the child support guidelines statute, there is a section about business income from “close corporations.” This likely refers to the income that shareholders of an S corporation receive. However, this can be unfair because it includes income that the shareholder may not actually receive. This is because S corporations are “pass-through” entities for tax…
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Overview of Florida Alimony
Before a court can order alimony in a divorce, the couple’s property must be divided fairly. After that, the court has different options for alimony, including permanent periodic alimony, lump-sum alimony, bridge-the-gap alimony, and rehabilitative alimony. The purpose of alimony is to provide financial support to the spouse who needs it. The court considers factors…
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What Defines Income Under F.S. Ch. 61: From a Business Perspective
It’s really important to calculate income accurately in family law cases. The amount of income you have can affect things like alimony, child support, and attorney fees. Income for family law purposes might not be the same as income for taxes, and it can include things like salary, commissions, bonuses, and benefits from things like…
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Protecting Military Families: The New Servicemembers Civil Relief Act
In 2003, President Bush signed a new law called the Servicemembers Civil Relief Act (SCRA), which replaced the old Soldier’s and Sailor’s Civil Relief Act. The new law is easier to understand and includes updates to reflect changes in American life. It also clarifies disagreements among military law experts and strengthens protections for active duty…
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QDROsA Powerful Tool for Child Support Enforcement
If you’re a family lawyer with clients who are owed a lot of overdue child support, it can be tough to collect that money. One option that’s often overlooked is using a QDRO to get the money from the ex-spouse’s retirement plan. This worked for a client named Mary who hadn’t received child support for…
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Probable Problematic Pitfalls in Preparing Prenuptial Agreements
As more people use prenups, there are lots of cases about them. If you ever need to make one in Florida, be careful of some common problems. First, make sure the prenup says that getting married is the reason for it. Also, both people need to share all their money and income, not just their…
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Financial Affidavits in Dissolution of Marriage Actions: Are They Really Mandatory?
The principle that financial affidavits are required in all divorce cases in Florida may not be as strict as it seems. While the rules say they are mandatory, the courts have made exceptions, like in simplified divorce cases and when no financial relief is requested. It’s unclear if settlement agreements or judgments are void without…
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Alimony for the Heiress? Imputing Income to Assets
The increase in late-in-life divorces among baby boomers in the U.S. has led to questions about how to divide assets and determine alimony. The court must consider all the assets and income of both parties, including property acquired before and during the marriage, as well as inherited or gifted assets. This can be complicated when…
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Domestic Violence and Firearms: A Deadly Combination The Juxtaposition of Federal and Florida Laws
Rose Mary Hollifield survived being shot by her abusive husband, but suffers from physical and emotional pain as a result. Studies show that domestic violence involving firearms is very dangerous, and lawmakers have made laws to prevent abusers from having guns. In 1994, the law was changed to make it a federal crime for someone…
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Florida Supreme Court Defines Substantial Change in Child Custody Modification Proceedings
In Wade v. Hirschman, the Florida Supreme Court decided that trial courts should use the “substantial change” test when modifying custody agreements, unless the final judgment says otherwise. This decision may have a big impact in the Second and Third districts, where a finding of “detriment” had been required before custody agreements could be modified.…
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Codifying Cohabitation as a Ground for Modification or Termination of Alimony So What’s New?
There are laws in place that allow someone to ask for a change in alimony payments if their ex-spouse is living with someone else and they are getting financial support from that person. The court needs to make specific findings and consider the nature of the relationship before making a decision. The rules for changing…
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Treatment Considerations with Children Diagnosed with PAS
Parental Alienation Syndrome is when one parent tries to turn the child against the other parent. This can happen during a divorce or separation. The child may say bad things about the other parent because the first parent is influencing them. It’s important for the court to decide on the right kind of therapy to…
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Diffenderfer Revisited: Is the Double-dipping Quagmire Still Alive?
In 2005, New York City’s transportation system was shut down due to a strike by transit workers who were trying to protect their retirement benefits. This shows how important these benefits are to workers. In a court case called Diffenderfer v. Diffenderfer, there was confusion about how retirement benefits should be divided in a divorce.…
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Unallocated Alimony and Child Support Can Be All Taxable/Deductible Alimony
Simply put, alimony is money paid by one spouse to the other after a divorce or separation. This money is taxable for the person receiving it and tax-deductible for the person paying it. However, child support is not taxable or deductible. If the alimony and child support are combined into one payment, it can still…
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Mathematics for Imputing Income
Determining alimony in a divorce case is based on factors like how long the marriage was, the ages and health of both people, their education, and their financial resources. Once someone is entitled to alimony, the amount is figured out based on their needs and the other person’s ability to pay. This can get complicated…
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Modification Actions for an Increase in Periodic Alimony, Part I
In short, the lawsuit was filed against the tech company for stealing the game idea. The game developer claims that they shared their idea with the company and then the company made a similar game without giving credit. The developer is seeking compensation for the theft. Jean is talking to her friend Joan about her…
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Every Divorcing Client Needs Estate Planning
In short, if you’re getting a divorce, it’s important to see an estate planner. This will help make sure that your assets and plans for the future are in order. If you don’t have a plan in place and something happens to you during the divorce process, your family might face complications. Even if you…
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The Uniform Premarital Agreement Act: Taking Casto to a New Level for Prenuptial Agreements
Premarital agreements were originally made to settle property rights, and in 1983 the Uniform Premarital Agreement Act (UPAA) was created to make the rules more consistent across states. Florida hasn’t adopted the UPAA yet, but it looks like they might soon. The Florida version of the UPAA is expected to be presented to the legislature…
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Choosing a Valuation Date of Marital Assets in Dissolution of Marriage Cases: Perlmutter and its Permutations
This article will explain how Florida law has changed over the years regarding how to value assets in a divorce. Before 1988, the date for valuation was decided case by case. In 1988, a new law said the valuation date should be the date of a separation agreement or the date of the petition, unless…