Recent Posts in Modification 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 ...
Continue reading "What is Shared Parental Responsibility?" »
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 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 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 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 2, 2013 By Damien McKinney
Sometimes parents will agree to restrict relocation of a minor child within a certain area. I often see agreements that prevent either parent from moving outside of Hillsborough or the surrounding ...
Continue reading "Restricting Relocation in a Parenting Plan" »
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 15, 2013 By Damien McKinney
Sometimes parents have to grant custody of their children to third parties because of life events that are out of their control. Often time this third party is a grandparent or other family member. ...
Continue reading "A Third Party Has Custody of My Child. How Do I Get Him Back?" »
Posted on Feb 13, 2013 By Kim Byrd
The U.S. Supreme Court has announced that it will hear a case challenging the Defense of Marriage Act (DOMA) as unconstitutional. DOMA was enacted by Congress in 1996 and defines 'marriage' as ...
Continue reading "Supreme Court to Hear DOMA Challenge" »
Posted on Feb 4, 2013 By Damien McKinney
If you are ordered to pay alimony to your spouse, the Court might also order that you secure the alimony obligation by maintaining a life insurance policy that names your spouse as a beneficiary. A ...
Continue reading "Do I Have to Maintain a Life Insurance Policy?" »
Posted on Jan 23, 2013 By Damien McKinney
Some parents are fortunate enough to pay more child support than is owed per month. The First District Court of Appeal recently made a ruling in Mayfield v. Mayfield regarding the issue of child ...
Continue reading "Can I Get Credit for Overpaying Child Support?" »
Posted on Jan 10, 2013 By Blair Chan
As a general rule, regular and recurring interest payments must be factored into a party’s income when determining their child support obligation. When dividing the marital estate in the context ...
Continue reading "Is Interest Income Included in Determining Child Support?" »
Posted on Dec 3, 2012 By Kim Byrd
Your child support or alimony can generally be modified upon a substantial change of circumstances such as a reduction in your income. The restriction is that the reduction in income must be ...
Continue reading "Effect of Retirement on Support Obligations" »
Posted on Nov 8, 2012 By Joanna Chapman
Florida Statute §61.141(1)(b) provides a basis to modify alimony based on an alimony recipient being in “supportive relationship.” Typically, when an alimony recipient remarries, ...
Continue reading "Supportive Relationships After Divorce" »
Posted on Oct 15, 2012 By Blair Chan
In speaking with potential family law clients, the following situation arises often, “My former spouse and I were divorced in another state and my child now lives in Florida. My former spouse is ...
Continue reading "Enforcing Timesharing Rights from Out of State" »
Posted on Sep 27, 2012 By Joanna Chapman
Since 1984, Mediation and Diversion Services in Hillsborough County offers a mediation service for parties navigating family law related issues. The program has evolved since 1984 and is now equipped ...
Continue reading "Mediation and Diversion Services" »
Posted on Sep 26, 2012 By Blair Chan
For many years the bankruptcy courts drew a distinction between support payments and property distribution (equitable distribution) payments in determining whether an obligation in a family law court ...
Continue reading "Property Distribution in Bankruptcy" »
Posted on Sep 25, 2012 By Ellen Ostman
I have recently blogged about how Florida is a no fault divorce state. Read part of this ruling from a Texas court in 1899 to see how things were different back then. Evidence in a suit for divorce ...
Continue reading "No Fault Divorce - Part Four" »
Posted on Sep 24, 2012 By Ellen Ostman
I posted last week about Florida being a no fault divorce state. Read the portion of the following case from California in 1897 to see how things have changed over the years. A finding that defendant ...
Continue reading "No Fault Divorce - Part Three" »
Posted on Sep 21, 2012 By Ellen Ostman
I recently blogged about Florida's position that divorces in this state are "no fault". Read the following snippet from a divorce case in Michigan from 1868 to see the contrast. Courts ...
Continue reading "No Fault Divorce - Part Two" »
Posted on Sep 20, 2012 By Ellen Ostman
“THE ONE CHARM OF THE PAST IS THAT IT IS THE PAST” – Oscar Wilde Some clients who come in for consultations are confused as to what a “No Fault” divorce is. ...
Continue reading "No Fault Divorce - Part One" »
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