Florida

Family Law Attorneys

Family Law

What is Commingling of Assets?

In general, if a party commingles a non-marital asset with a marital asset, then the non-marital asset converts to a marital asset and becomes subject to equitable distribution in a divorce. One of ...
Continue reading "What is Commingling of Assets?" »

Is Involuntary Military Separation Pay Marital Property?

On rare occasions, the US military will terminate a service member involuntarily. It rarely happens, but it is considered an honorable discharge and the service member is given a severance package. ...
Continue reading "Is Involuntary Military Separation Pay Marital Property?" »

Legal Father vs. Biological Father

When a child is born during a marriage, there is a presumption of legitimacy. It is presumed that the husband of the marriage is the father is the child. This is often true even if it can be proven ...
Continue reading "Legal Father vs. Biological Father" »

Therapist Client Privilege with a Child Patient

One thing that is often argued over in family law cases - both initial divorces, and post-judgment matters - is whether both parents should be able to review mental health and psychological records of ...
Continue reading "Therapist Client Privilege with a Child Patient" »

Changing Beneficiaries After a Divorce

The one thing most parties forget to do after a divorce is change their estate plan. Wills, trusts, and beneficiary designations for life insurance and assets should be changed and updated after the ...
Continue reading "Changing Beneficiaries After a Divorce" »

What will the Court do if my Child has Special Needs?

On occasion, I am presented with a unique situation where a client has a child with special needs. The client in this situation is very concerned about the Court taking the minor child's special ...
Continue reading "What will the Court do if my Child has Special Needs?" »

When Should a Court Impute Income to an Unemployed Spouse?

Imputation of income to a spouse is very fact intensive. When a court decides to impute income to a spouse, they do so on a case by case basis. Your case might be very different from another case that ...
Continue reading "When Should a Court Impute Income to an Unemployed Spouse?" »

Splitting Student Loan Debt

There seems to be an "urban legend" in Florida divorce law that student loan debt is treated differently than other forms of marital debt. I am often surprised that many clients, as well as ...
Continue reading "Splitting Student Loan Debt" »

Timesharing

It is not uncommon in family law matters for one parent to attempt to alienate a parent from a child. It is also not uncommon for a case to exist where a parent has not seen their child for a very ...
Continue reading "Timesharing" »

Starting My Divorce Case

I'm considering getting a divorce. What should I know, and will I need an attorney? What you should know depends on the facts of your case. Most divorce cases can be broken down into 3 main ...
Continue reading "Starting My Divorce Case" »

Child support and taxes

One topic frequently negotiated in child custody and child support cases is who will claim the exemption for the child on their tax return. Parties will often negotiate into their family law ...
Continue reading "Child support and taxes" »

If my Health Deteriorates Substantially, will I still have to pay my Alimony Obligation?

A recent Fourth District Court of Appeals case addressed a situation where a Husband's health deteriorated so much that he was no longer able to work and therefore could not pay his alimony ...
Continue reading "If my Health Deteriorates Substantially, will I still have to pay my Alimony Obligation?" »

Can a Court Deny a Parties Time Sharing Completely?

A recent Fourth District Court of Appeals case addressed if, and when, a Court may deny a parties time sharing with a minor child completely. In Davis v. Lopez-Davis, The wife filed a petition for ...
Continue reading "Can a Court Deny a Parties Time Sharing Completely?" »

Must a Court Make Specific Findings if it Denies Alimony?

A recent Fifth District Court of Appeals case addressed what a court must determine when it denies a party's claim for alimony. In Wright v. Wright the parties were married for eighteen years. ...
Continue reading "Must a Court Make Specific Findings if it Denies Alimony?" »

Does the Court have to adopt my Custody Agreement?

A recent Fifth District Court of Appeals case addressed whether a court has to adopt the parties custody agreement. In Puglisi v. Puglisi the parties sought to modify the custody and visitation ...
Continue reading "Does the Court have to adopt my Custody Agreement?" »

Why do some people delay the final hearing on their uncontested divorce until after the first of the year?

Often people work for many weeks or even months to resolve all of the differences they have in the divorce process. They have gone from a situation of different ideas as to how to handle the parenting ...
Continue reading "Why do some people delay the final hearing on their uncontested divorce until after the first of the year?" »

Givens Givens Sparks is proud of Damien McKinney

Damien McKinney, associate attorney with Givens Givens Sparks, competed for the Leukemia and Lymphoma Society's Man of the Year this year. The Man of the Year competition is a fundraising event to ...
Continue reading "Givens Givens Sparks is proud of Damien McKinney" »

When is it time to bring a forensic accountant in to help with my divorce?

No one wants to spend any more money on a divorce than is absolutely necessary. Bringing in an accounting expert can be costly so there is a decision to make in every divorce as to whether such a ...
Continue reading "When is it time to bring a forensic accountant in to help with my divorce?" »

The $4.8 BILLION Dollar Divorce

By now, you may have heard of the recent divorce of Russian billionaire Dmitry Rybolovlev and his wife Elena Rybolovleva. The reason you may have head of this case is the astronomical amount that Mrs. ...
Continue reading "The $4.8 BILLION Dollar Divorce" »

Recapture of alimony tax deduction

Alimony paid from one spouse to another is normally taxable to the receiving spouse and deductible to the paying spouse as long as the spouses live apart and the alimony dictated by court order ends ...
Continue reading "Recapture of alimony tax deduction" »

Can I take his girlfriend's deposition?

Sometimes in a divorce, the wife may suspect that the husband has been unfaithful and may wish to schedule the deposition of the suspected paramour. That raises more issues than you might expect. In ...
Continue reading "Can I take his girlfriend's deposition?" »

Child Support from Jail?

Can you make a parent in jail pay child support for their children? In many cases the answer may be “Yes.” Florida Statute 61.30 provides for imputation of income to parents who are ...
Continue reading "Child Support from Jail?" »

Injunctions

The three type of injunctions or restraining orders we primarily deal with as family law attorneys are injunctions for repeat violence, injunctions for domestic violence, and injunctions for dating ...
Continue reading "Injunctions" »

What Are Case Management Conferences?

When a divorce case is filed with the court system, some counties, including Hillsborough County, will automatically schedule a Case Management Conference. Case Management Conferences, or status ...
Continue reading "What Are Case Management Conferences?" »

Can I attend my court hearings by telephone or Skype?

When a divorce case is initiated, many of my client often wonder which hearings they have to appear at. This answer, like most answers in family law, is that it depends. It depends on the judge's ...
Continue reading "Can I attend my court hearings by telephone or Skype?" »

Have a Question?

Send us an email to tell us about your situation.

Have a Question?

Send us an email to tell us about your situation.