Recent Posts in Florida Board Certified Category
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Posted on May 8, 2013 By Damien McKinney
The Florida Legislature has defined “shared parental responsibility” as a court ordered relationship between parents of a minor child in which both parents confer with each other and make ...
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Posted on May 2, 2013 By Kelly Tobaygo
The short answer to why you are going is because it is probably required; there are some counties around the Tampa Bay area (Hillsborough, for example) that require mediation before a divorce case can ...
Continue reading "Why am I going to mediation and what can I expect?" »
Posted on May 1, 2013 By Kelly Tobaygo
The first step in almost all divorce cases is an initial consultation with an attorney, or multiple attorneys. Most people arrive for a consultation with a list of questions they want answered or ...
Continue reading "What Can I Expect at My Initial Consultation?" »
Posted on Apr 30, 2013 By Kelly Tobaygo
If you have been researching divorce online, you have probably come across the terms “contested” and “uncontested”, but might not know the difference. Generally speaking, a ...
Continue reading "Contested vs. Uncontested Divorce" »
Posted on Apr 29, 2013 By Kelly Tobaygo
One of the most common questions clients ask their family law attorney is “How long will my case take?” The answer to this question, like most things in family law, is often difficult to ...
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Posted on Apr 26, 2013 By Damien McKinney
The issue of spanking doesn’t come up in my cases very frequently these days. In general, parents should work together to determine an appropriate discipline plan for their children. The problem ...
Continue reading "Can I Spank My Child?" »
Posted on Apr 23, 2013 By Stann Givens
Late in the day on Thursday, April 18th, the Florida House of Representatives passed the same alimony bill that successfully made it through the Senate. The Governor is expected to sign it into law ...
Continue reading "SWEEPING CHANGES TO FLORIDA'S ALIMONY LAW AWAIT GOVERNOR'S SIGNATURE" »
Posted on Apr 22, 2013 By Stann Givens
The Florida legislature is changing the alimony statute. One of the things they are doing is redefining what will be the basis for alimony. For years, the standard of living during the marriage has ...
Continue reading "MORE ABOUT THE NEW FLORIDA ALIMONY BILL" »
Posted on Apr 19, 2013 By Stann Givens
The Florida Senate has passed a bill eliminating permanent alimony and a similar bill is expected to pass in the House of Representatives and become law on July 1, 2013. Consider the following ...
Continue reading "FLORIDA IS ABOUT TO ELIMINATE PERMANENT ALIMONY" »
Posted on Apr 18, 2013 By Blair Chan
In a collaborative divorce, the divorcing spouses, their respective attorneys, and the other professionals involved all sign a participation agreement. The agreement outlines how the professionals ...
Continue reading "What is a Collaborative Divorce Participation Agreement?" »
Posted on Apr 17, 2013 By Blair Chan
A collaborative divorce is an alternative to a traditional litigated divorce. In a collaborative divorce, the decision making power is placed squarely in the hand of the divorcing parties. The focus ...
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Posted on Apr 16, 2013 By Stann Givens
The Florida legislature is considering monumental changes to the alimony laws. The bill deals with more than alimony, but drastically affects alimony so it is being referred to as the “alimony ...
Continue reading "Big Changes Coming in Florida Alimony" »
Posted on Apr 9, 2013 By Damien McKinney
It’s been my experience that clients often place great value in their travel points and are often reluctant to part with them. In Florida, these travel points (frequent flyer miles, hotel ...
Continue reading "Are frequent flyer miles consider a marital asset?" »
Posted on Apr 4, 2013 By Damien McKinney
Florida Statute 409.2563 allows the Department of Revenue to establish administrative child support orders. The Department of Revenue is a governmental agency in Florida that is set up to establish ...
Continue reading "What is an Administrative Support Order?" »
Posted on Mar 29, 2013 By Damien McKinney
The Third District Court of Appeal entered a ruling in an interesting case where a spouse requested an increase in her alimony payments based upon inflation and cost of living increases. In Silverman ...
Continue reading "Will the Court Increase my Alimony Based on Cost of Living Increases?" »
Posted on Mar 27, 2013 By Kelly Tobaygo
Most people who are facing divorce proceedings which involve children become concerned over the well-being of their children, and wonder how the divorce process might impact them. People often ask ...
Continue reading "Evaluations of Children of Divorce" »
Posted on Mar 25, 2013 By Damien McKinney
In general, the IRS code dictates which parent is allowed to claim a minor child as a dependent and receive the tax dependency exemption. The IRS code provides that the custodial parent is the parent ...
Continue reading "Who claims the children on their taxes?" »
Posted on Mar 20, 2013 By Kim Byrd
A Power of Attorney is a document in which you designate someone to make legal and financial decisions for you if you are not available to make them yourself. The person you designate can sell or buy ...
Continue reading "Divorce and the Power of Attorney" »
Posted on Mar 18, 2013 By Damien McKinney
There is currently a bill going through the Florida state house and senate that would seek to make drastic changes to the alimony law in Florida. The house bill, which is titled CS/HB 231, was ...
Continue reading "Alimony Legislative Update" »
Posted on Mar 8, 2013 By Kelly Tobaygo
Recently, in an appealed family law case, the Second District Court of Appeal made a decision which required a former husband to pilot a private plane for his former wife. This sounds like it may be a ...
Continue reading "Must a Divorced Husband Pilot his Former Wife?" »
Posted on Mar 6, 2013 By Kelly Tobaygo
The ideal divorce situation for most people is one where everyone agrees on who gets what, everyone walks away happy, and the court case is over quickly. People who are going through a divorce and ...
Continue reading "Vague Agreements" »
Posted on Mar 4, 2013 By Kim Byrd
When your divorce becomes final, any provision in your last will and testament that affects your spouse becomes null and void as though your spouse died at the time of divorce. This has been a ...
Continue reading "Divorce and the Last Will and Testament" »
Posted on Feb 27, 2013 By Damien McKinney
A recent Fifth District Court of Appeals case held that a disestablishment of paternity action does not relieve the alleged father of any previously established child support arrearages. In Hickman v. ...
Continue reading "Disestablishment of Paternity, Arrearages" »
Posted on Feb 25, 2013 By Damien McKinney
A recent first district court of appeal case dealt with penalty provisions in marital settlement agreements. In Palmer v. Palmer, the parties agreed that the husband would have sole ownership of the ...
Continue reading "Are penalties for not refinancing a marital home valid?" »
Posted on Feb 22, 2013 By Damien McKinney
The Third District Court of Appeal recently held that a Wife cannot receive alimony if she does not properly plead for it. In McClain v. McClain, the Husband filed a petition for dissolution of ...
Continue reading "Can my Spouse get Alimony if it has not been Pled?" »
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