Tag: child-support
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Eliminating IRS Tax Debts, Why Bankruptcy May Be Better Than an OIC to Resolve Your Client’s Tax Debts
The IRS can settle tax debts through an offer in compromise if they think the taxpayer can’t pay the full amount. This can happen if the taxpayer doesn’t have enough money and assets, or if there’s a question about whether the taxpayer actually owes the money. The IRS will look at the taxpayer’s financial situation…
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New §736.0505(3) Assures Tax/Asset Protection of Inter Vivos QTIP Trusts
Bob and Judy, a married couple, have a lot of money and want to make sure their kids get as much of it as possible when they die. They have $13.5 million, $3.5 million of which is their house and $10 million is in a joint bank account. Their accountant suggests that they put $5…
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Domestic Asset Protection TrustsA Viable Estate and Wealth Preservation Alternative
People are starting to use domestic asset protection trusts more to avoid taxes and protect their assets from creditors. These trusts comply with specific laws in Delaware, Nevada, Alaska, or Rhode Island. They stop creditors from taking money from the trust if the person who made it did it for their own benefit. Richard Nenno,…
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Bacardi on the Rocks
Parents in Florida may create a trust to protect their child’s inheritance from their spouse in the event of a divorce. However, there is uncertainty about whether a former spouse can still access the trust assets for certain types of judgments. This is a complex issue that may need clarification in Florida laws. In this…
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Can Technology Bridge the Justice Gap?
In short, the legal firm is representing a client in a lawsuit against a big company for toxic waste pollution. The company is accused of not properly cleaning up the pollution and harming the environment. The legal firm is arguing that the company should be held accountable and pay for the damage they caused. The…
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Bifurcation of dissolution of marriage actions Part Two
In Florida, the law says that a court can dissolve a marriage if it finds that it’s irretrievably broken. But just because one party says the marriage is broken doesn’t mean the court can immediately dissolve it. A case called Hyman v. Hyman set the precedent that a court can dissolve the marriage but still…
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Is It Time to Consolidate the General Master and Child Support Enforcement Hearing Officer Systems?
The population in Florida is growing, and so is the number of divorces and family law cases. There aren’t enough judges to handle all these cases, which means that it takes a long time for cases to be heard. There are also other factors, like emotions and financial issues, that make family law cases difficult…
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Virtual Adoption: Contractual Estoppel of Parental Rights and Responsibilities
John Doe and Michelle Mother divorced when their daughter, Dana Daughter, was 10 months old. Michelle Mother made it difficult for John to see Dana, and eventually asked him to let her new husband, Peter Putative, adopt Dana. John agreed, thinking he wouldn’t have to pay child support anymore. But the adoption never happened. Years…
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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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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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Distinguishing Legitimacy from Paternity: Has Legitimacy Become a Label Without Substance Under Flo
Findlaw was sued by Attorneys In Motion for stealing their website design. The court said Findlaw was guilty and had to pay the other company for damages. Recent Florida court decisions show that paternity and legitimacy are now seen as separate concepts. Legitimacy used to be strongly tied to being born during a marriage, but…
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Child Support and the High Income Parent: Uses and Misuses of the Good Fortune Trust
When parents have a lot of money, it’s hard for the court to figure out how much child support should be. One way they solve this problem is by creating something called a “good fortune trust.” This trust is set up by the court when the regular child support amount is considered too much for…
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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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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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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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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…
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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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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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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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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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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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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…