Tag: family-law
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Tax Increment Financing in Florida: A Tool for Local Government Revitalization, Renewal, and Redevelopment
TIF is a way for Florida cities to bring in more tax money to help improve run-down areas. It works by using the extra taxes collected from improvements to pay for those improvements. Some people argue against TIF because of concerns about using eminent domain to take private property. One county in Florida has come…
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Beyond the Imminent Sale Doctrine: Valuing Assets with Imbedded Tax Consequences
In the past, Florida courts used to follow a rule that didn’t take into account potential taxes when dividing assets in a divorce. But now, they have changed their approach to make sure that all tax consequences are considered to make things fair for both parties. This change was influenced by federal courts’ decisions on…
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QDRO Math: Advice to Plan Administrators in Florida
A legal firm and attorney have been accused of mishandling a case and taking advantage of their client. The client is suing for being treated unfairly and not receiving proper compensation. The legal firm and attorney deny the accusations and are fighting the lawsuit in court. ERISA is a law that protects retirement funds from…
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Guerilla Research
Research is the most important weapon for lawyers. It’s like the Minutemen’s sharpshooting in the American Revolution, it helps level the playing field. Even with the computer, traditional research is still essential. I used to be a criminal lawyer, but when I switched to business litigation, I had to learn a lot of new things.…
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Limitations on Establishing Unsafe Structures Liens and Special Assessments: Homestead Exemption, Special Benefit to Land, and Public Purpose and Facility Doctrine
In short, the legal firm we hired and the attorney representing us didn’t do a good job. We’re thinking about finding a new lawyer to help with our case. Unsafe structures are buildings that are deteriorated, unsanitary, vacant, or damaged. If a building is found to be unsafe, the local government can take action to…
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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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International Parental Child Abduction Part I: The Petitioner’s Case
A law firm and attorney helped a company settle a lawsuit over a faulty product. The company had to pay money to the people who were affected by the product. If a child is taken to another country by one of their parents, the other parent can use the Hague Convention to try to get…
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Coping with Client Expectations in Divorce
High school students should know that a family lawyer needs to understand their client’s feelings about divorce and the legal process. A therapist who works with divorcing clients can provide important information to the lawyer that the client may not share directly. A good lawyer-client relationship is important for a successful outcome in a divorce…
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Appellate Court Trends in Permanent Alimony for Gray-Area Divorces
This article provides guidance for lawyers looking to argue for permanent alimony in Florida for marriages that lasted 5-20 years. It discusses important factors like the age of the spouse and the length of the marriage that judges consider when granting or denying permanent alimony. It also mentions a key court case that established the…
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Parental Alienaiton Syndrome: An Age-Old Custody Problem
Parental alienation syndrome (PAS) is a situation where a child is manipulated to think that one parent is good and the other is bad. This can happen in families that are together or split up. The child might act out against the “bad” parent, sometimes getting physical symptoms like headaches or not eating. They might…
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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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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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Divorcing Spouses Can File Income Tax Returns as Unmarried Individuals Prior to Dissolution of Marriage
If a married couple is getting divorced, it’s usually a good idea to file their taxes together. But if one spouse doesn’t want to do that, the other spouse can still file as if they were single, as long as they have a legal separation agreement. This is allowed under certain circumstances, even though they’re…
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Supervised Visitation Progams in Florida: A Cause for Optimism, a Call for Caution
When parents are fighting and one is not allowed to see the kids, it can be hard to figure out what to do. In Florida, there are places where a neutral person can help the visit go smoothly. These places are called supervised visitation centers. They are helpful, but they are not a long-term solution.…
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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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Bifurcation of Dissolution of Marriage Actions Part One
Family law can be tricky for lawyers, especially when it comes to “bifurcation” of a divorce. This creates a lot of potential problems for both the lawyer and their client. This article will be in two parts: the first part talks about the practical and legal effects of bifurcation, and the second part, coming in…
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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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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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Family Law Fees The High Points and the Current State of the Law
Understanding how fees are awarded in family law cases is an important and evolving issue. While the starting point is always the financial need and ability to pay, there are many nuances in the law that can make a difference. Mastering these nuances can help lawyers better advocate for their clients in fee award disputes…
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Parental Alienation Syndrome: How to Detect It and What to Do About It
Parental alienation syndrome (PAS) is when one parent turns a child against the other parent during a divorce. It’s often hard to prove in court because it involves a lot of accusations and counter accusations. In this article, we’ll talk about four specific signs of PAS that can help identify it in a court case.…
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A Serious Penalty for Perjury
Florida courts can punish people who lie under oath in court with serious consequences, even if the President is in trouble for the same thing. A recent case, Cox v. Burke, shows how harsh the punishments can be. The court can dismiss a case if someone lies under oath (commits perjury) and it’s really bad.…
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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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Domestic Relations Provisions of the IRS Restructuring and Reform Act of 1998
The IRS Restructuring and Reform Act of 1998 changed the rules for married couples who file joint tax returns. Before the changes, both spouses could be held responsible for the full amount of taxes owed, even if one spouse was not aware of the mistake. The new law allows one spouse to limit their liability…