by

The end of a marriage can be a trying time, both emotionally and financially.  For many people, fundamental aspects of their daily life will change dramatically, including where they live, how often they see their children, their day-to-day routine, and even whether or not they have a job.  In some cases, one of the parties to a marriage has forgone pursuing a career to support his or her spouse or may have left the workforce early to raise a family or manage the marital home.  Your Jacksonville family attorney can assist you in obtaining alimony or defending against alimony claims.

Florida Alimony

Of course, the parties to a marriage both have financial needs, both during the marriage and afterward, should it end.  The law that governs the way marriages end recognizes this fact and provides for an equitable distribution of the marital assets upon dissolution.  Additionally, Florida Courts are authorized by law to award additional financial support based on one party’s need and the other party’s ability to pay.  This type of arrangement is referred to as “alimony” by Florida law but can also be called “spousal support” or “maintenance.”  There are several types of alimony that may be awarded, including bridge-the-gap, rehabilitative, permanent, durational, or lump-sum alimony.  What kind of alimony is appropriate to request can sometimes be difficult to decide on your own.  Your Jacksonville family attorney will assist you in making that determination after examining all the facts related to your marriage.

by

Many divorcing parents and single parents are aware of their obligation to support their children, and some are familiar with how the amount they must pay is decided.  Fewer are aware of how long the obligation to support their children continues.  Your Jacksonville family attorney can assist you with understanding all of the nuances of child support.

Payment Lasts Until the Child Reaches Majority Age

In general, a parent must pay child support until the child is 18 years old.  This is considered the age of majority or when the child is recognized as an adult.  However, a child’s eighteenth birthday isn’t always the cutoff date for support payments.  According to Florida law, a parent’s duty to continue paying child support may be extended when the child has not finished high school by their eighteenth birthday; when the child has special needs; and when there is an agreement that says otherwise.  Your Jacksonville family attorney can assist you in determining what your obligation will be based on your particular circumstances.

What is a Statute of Limitations?

The term “Statute of Limitations” refers to a law that limits the period for which one may file a lawsuit.  This time period will typically vary by state and the type of suit that is being filed. For instance, the period of time for filing suit for a wrongful death claim may be different from the period of time one has to file for a trespass suit.  Federal law normally controls Statute of Limitations Periods for cases decided based upon federal law.

How Far Back Can One Be Assessed in Determining Child Support?

There are two common types of implied warranties.  One is referred to as an Implied Warranty of Merchantability.  The other is referred to as an Implied Warranty of Fitness.

Implied Warranty of Merchantability

An implied warranty of merchantability is an unwritten warranty to a Buyer that the goods purchased from a merchant conforms to the ordinary standards that one would expect from similar goods. The Uniform Commercial Code provides that a warranty of merchantability applies when: a Seller is the merchant of the goods sold, and the Buyer uses the good purchased for their ordinary purpose.  Therefore, a Buyer may sue for breach of implied warranty where the product does not perform as expected in its ordinary usage.  To have a valid claim for breach of an implied warranty of merchantability, a product must fail to perform as it is normally used.

by

Many pet owners treat their pets as if they are their own children, whether it be a dog, cat, turtle, or gerbil.  For these owners, the pet is an integral part of the family.  Unfortunately, in a Florida divorce, pets are not considered part of the family.  Rather, they are considered property.  That means that when the divorce process is complete, only one spouse will own the pet and the other will not be able to see the animal.  Divorcing couples can choose to agree to another arrangement, but the Court will only award pets to one spouse in a divorce.  Your Jacksonville family attorney can assist you with this emotional issue of pet custody.

How Florida’s Equitable Distribution Laws Apply to Pets

Florida follows equitable distribution laws when it comes to property division, which means the property is divided fairly, although not necessarily equally.  When the case is taken to Court, the outcome will depend heavily on the facts of your case.  While the best interests of the pet are not taken into consideration in the same way as when child custody decisions are being made.  The Court will consider several factors when deciding on which party can keep the pets.  These factors include:  1)  If one spouse owned the pet before the marriage, the pet will typically remain with that spouse when the marriage is dissolved; 2) Which party spent the most time and effort caring for the pet?; 3) Which party took the pet to vet appointments and otherwise tended to its needs?;  4) Which party is financially capable of caring for the pet?;  5) Which party is in the best health to care for the pet?; 6)    What is the value of the pet?; 7) If a couple has children, the pets will go where the children go to prevent any further loss, pain, or heartache; 8) Finally, if there is a prenuptial agreement, and it addresses the issue of who gets the pet in the event of a divorce, then there is no argument as to who the pet is going home with.

by

Mediation is an alternative dispute resolution that is mandatory in a Florida divorce, paternity, or modification case, but many people do not see the process as the benefit it is.  During mediation, the two parties will meet with a mediator who is an unbiased and uninterested person in the case.  The mediator will try and help the parties resolve all disputes related to the family law case.  If an agreement is reached, it is drafted and submitted to the Court for approval so the case can be closed.  While the process is straightforward, there are still many myths related to the process.  Your Jacksonville family attorney can assist you in understanding the mediation process.  Below are the biggest myths about family law mediation in Florida, and the truth behind them.

The Mediator Will Make All the Decisions

This is simply untrue.  Mediators do not make any of the decisions when they meet with parties going through a divorce, paternity, or modification case.  They cannot force either party to do, or not do, anything.  Instead, they are only there to help you and facilitate you and your spouse, ex-spouse, or co-parent to reach an agreement.  If you cannot reach an agreement and your case requires litigation, it is the Judge that will make all the decisions.  Your Jacksonville family attorney is here to assist you in mediation and to represent you in any litigation should you not reach agreement.

Your domicile is the place upon which an individual has voluntarily decided to reside permanently.  In the ordinary sense, a persons domicile is the place where he lives and where he has his or her home.  However, the legal definition is more specific.  The plan in which a person has his or her permanent home and principal establishment upon which he intends to return whenever he is absent would fit the legal definition of domicile.

Why is it Important to Determine Domicile?

The domicile that one chooses has legal consequences. One’s domicile determines which state can probate a will.  It also determines which state can collect estate taxes when someone dies.  One’s domicile establishes where an individual may exercise certain legal rights and privileges.  Where one has the privilege to vote is determined by domicile.

by

It is no secret that going through a divorce is expensive.  Although there is very little that you can do about certain costs of your divorce, such as what you may or may not lose during property division hearings, there is one area of expenses you can control.  That is your legal fees and costs.  All divorce attorneys in Jacksonville will charge something to legally represent you during the process, and the advice and counsel they bring to your case are invaluable.  Still, there are some ways that you can keep the legal costs down, so you do not face unexpected charges in the future.  Your Jacksonville divorce lawyer can explain to you in your initial consultation how to keep your legal costs down but here are some basic tips.

Call and Email Only When You Have To

            Most divorce lawyers in Jacksonville will charge you for every time they devote to answering your phone calls and emails.  However, you likely want them to spend this time preparing for your trial, mediation, or other aspects of your case.  You will have many questions during the divorce process, and you deserve to have them answered.  Instead of incurring fees every time you have a question, prepare a list of questions, and ask them all at once.  Your Jacksonville divorce lawyer will still charge you, but you will likely incur fewer legal fees.

by

This month is National Make-A-Will Month.  Although most Americans realize the importance of estate planning, it is estimated that 50-60% do not have a will.  If you do not yet have an estate plan, now is the time to act!  Your Jacksonville family or estate lawyer can assist you with creating this plan.

Why is it important?

            The entertainer commonly known as Prince died unexpectedly at the age of 57 years old.  Since he had not established an estate plan before he passed, Prince was unable to designate how his fortune would be shared.  Prince’s estate is still tied up with legal battles some five years later!  Not having a will can lead to family disputes and, as was the case with Prince’s estate, costly litigation.  Having your final documents in order before it is too late is an expression of love and compassion for your family and friends.

by
Posted in:
Updated:

Do You Know Your Rights in Child Support Court?

In a child support case, one cannot be incarcerated if they do not have the present ability to pay.  Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985).  Although this case is binding on Florida courts, the author believes that self represented individuals do not get the benefit of legal protections against incarceration or cancellation of a driver’s license or professional license.  The author believes that one reason for this is because laymen tend to believe that an administrative agency must take a neutral position (similar to a judge).  This is not the case when it comes to collection of child support by the Florida Department of Revenue.  The author, in the next paragraph is going to summarize the case of Bowen v. Bowen to give readers a clearer understanding of child support issues when the Florida Department of Revenue is involved.

The Case of Bowen v. Bowen.

Contact Information