Tag: family-law
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Child Testimony
Testifying in a divorce case can be stressful, but some judges don’t allow the parties to testify. Some judges also don’t allow children to testify, even if they are the ones most affected by the court’s decisions. This can make it harder for the court to hear important information, like if a child is in…
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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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Cross-Examining the Pension Expert
This article explains how to cross-examine a pension expert in a legal case. It shows that many so-called experts don’t actually understand pension valuation. It also gives criteria for measuring an expert’s expertise, such as their background and training. It explains that actuaries are the most qualified to give opinions on pension value. When questioning…
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Impact on Divorce Taxation Issues of the Taxpayer Relief Act of 1997
The Taxpayer Relief Act of 1997 affects how taxes are handled during a divorce. It changes how assets are valued and how capital gains are taxed. It also provides tax credits for having children, and waives penalties for early withdrawals from retirement accounts for certain expenses. When dividing marital assets in a divorce, it’s important…
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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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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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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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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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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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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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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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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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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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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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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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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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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…
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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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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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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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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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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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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…