Recent Posts in Timesharing 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 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 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 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 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 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 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 Feb 20, 2013 By Damien McKinney
It is a general rule in Florida family law cases that parents may not waive or contract away their child support. This is well established public policy and a court will not enter a final judgment if ...
Continue reading "Can I Waive Child Support?" »
Posted on Feb 18, 2013 By Kim Byrd
Consider the following facts. You have been married 18 years. Your wife is from New York, which is where you were married and where you have lived ever since. You have a son who is now 14. You moved ...
Continue reading "Jurisdiction, What is It and Do You Have It?" »
Posted on Feb 11, 2013 By Kim Byrd
Is there really such a thing as no cost divorce ? If you are willing to do some work on your own and qualify for a waiver of the filing fee, there is. Standard forms have been developed and approved ...
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Posted on Feb 1, 2013 By Damien McKinney
Family law courts in Florida are appointing Guardians Ad Litem in cases more frequently than ever before. A guardian ad litem can be used in a family law court ( divorce, custody, paternity, etc.) and ...
Continue reading "What Is a Guardian Ad Litem?" »
Posted on Jan 30, 2013 By Damien McKinney
A Guardian Ad Litem is a court appointed person who acts as the next friend of a minor child and represents the minor child’s best interest. Once a guardian ad litem is appointed by the court, ...
Continue reading "What Do Guardians Ad Litem Do?" »
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 Jan 8, 2013 By Kelly Tobaygo
When most people think of a trial, they picture what they have seen on TV: a jury of their peers, and an attorney making passionate arguments trying to persuade this jury to vote in their favor. In ...
Continue reading "Jury Trials in Florida Family Law?" »
Posted on Jan 4, 2013 By Joanna Chapman
If you are in a contentious battle with your former spouse, or parent, over your child, and you want to relocate to another state, it may be tempting to leave without the other parent’s ...
Continue reading "The Ramifications of Relocating Without Permission" »
Posted on Jan 3, 2013 By Joanna Chapman
Florida Statute 61.13001(3) outlines the specific components that a person wishing to relocate after their divorce with one or more minor children must address in their “Petition to ...
Continue reading "Petition to Relocate - Making the Written Word Count" »
Posted on Dec 31, 2012 By Joanna Chapman
Florida Statute 61.13001(2) allows for parents to forgo the formal process of petitioning the Court to relocate with a minor child(ren) if there is agreement by the parties. This section applies to ...
Continue reading "Relocation by Agreement" »
Posted on Nov 20, 2012 By Kim Byrd
I have a family member whose ex-husband recently passed away. At that time my family member learned that she was not the only beneficiary of the ex-husband’s life insurance policy as was ...
Continue reading "Life Insurance and Secondary Addressee" »
Posted on Oct 18, 2012 By Kim Byrd
Florida family law courts have consistently denied parental or visitation rights sought by anyone who is not a child’s biological or legal parent. These courts cite the privacy provision of the ...
Continue reading "Parental Rights of Non-biological or Legal Parents" »
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