Temporary Alimony: What is it?
Temporary alimony refers to financial support that a court can grant to either spouse while a divorce case is ongoing, prior to the final judgment.
Temporary alimony refers to financial support that a court can grant to either spouse while a divorce case is ongoing, prior to the final judgment.
In the United States, the grim reality is that a woman suffers abuse at the hands of an intimate partner every 7 seconds, and Florida reported a staggering 67,332 domestic violence cases in 2022 alone. Sadly, a significant number of these cases remain hidden, with nearly half going unreported.
At Hoffman, Larin & Agnetti, P.A., we understand the complex and sensitive nature of domestic violence. Our firm wants to ensure that all victims, especially women, are aware of the crucial steps they can take to protect themselves and their loved ones.
One of the most effective actions a victim (the Petitioner) can take is to seek an injunction through the court by filing a petition against their abuser (the Perpetrator). An injunction is a powerful legal tool that can provide immediate relief and protection by:
There are 5 simple steps that you or your loved ones (see below) can take to get protection from the Court:
When discussing Workers’ Compensation (WC), many envision the typical, sudden work-related injury. However, occupational diseases, a less obvious but equally significant aspect, also fall under this category. These ailments, unlike one-off accidents, stem from the repetitive nature of certain jobs. For example, an assistant developing carpal tunnel syndrome from prolonged typing or a factory worker suffering from hearing loss due to constant noise exposure are classic instances. Both scenarios illustrate how continual workplace stressors can hinder an employee’s capacity to work.
Under Florida’s Workers’ Compensation Law, employees are entitled to various benefits, including lost wages, medical care, and disability benefits for injuries incurred in the course of their employment. To qualify for these benefits, the injury or disease must have occurred while performing work-related duties.
However, for occupational disease claims, specific criteria must be met:
Special consideration is given to first responders, such as law enforcement officers and paramedics, where a lower standard of proof is required for their occupational disease claims.
Filing a workers’ compensation claim for an occupational disease involves a detailed and complex process. At Hoffman, Larin & Agnetti, we recognize the challenges these cases present. Our experienced team is adept at managing the intricacies of such claims, guided by extensive knowledge of case law and relevant statutes.
Employees grappling with occupational diseases are encouraged to seek our expert legal advice. We offer a Free Case Evaluation, providing a thorough analysis and strategic approach to ensure your rights are protected and benefits maximized.
At HLA, we are committed to guiding you through the complexities of the workers’ compensation system with professionalism and expertise. For over 40 years, each case has been handled with the care it deserves.
Call our experienced Workers’ Compensation Attorneys at 305-653-5555, email us at [email protected], or complete our form at www.hlalaw.com for your FREE Workers’ Compensation evaluation.
It’s the day after Halloween; the holiday decorations are going up, and holiday visits are being planned.
Or negotiated.
Or fought over.
Too often, holiday travel comes with its own unique set of challenges. These challenges are magnified for separated or divorced parents, with both families aiming to create treasured memories with their children. At Hoffman Larin & Agnetti, we believe that a well-crafted parenting time-sharing plan can substantially reduce such stresses.
Crafting Your Parenting Plan Prior to Embarking on Your Festive Journeys
A robust parenting plan should address time-sharing during holidays and vacations. We understand that each family has its own unique dynamics, and it’s imperative to craft a plan that respects these intricacies. Pre-planning for the holidays ensures clarity, thereby minimizing potential stress. This planning is equally vital for school and summer breaks.
Your loved one has suffered significantly due to a medical professional’s negligence. The reality of the consequences of the injury or death, both emotionally and financially, hits you and your family hard. You need help and should start to look for legal recourse. But in Florida, it’s not so simple, and to begin the process, you need to know what medical malpractice is, how long you have to file a case, and who can actually file a malpractice or wrongful death case.
First, you need to understand medical malpractice in Florida. Medical malpractice arises when a healthcare provider fails to meet the expected standard of care, leading to patient injury or harm. Read here to learn about the SIX EXAMPLES OF MEDICAL MALPRACTICE
Who is Eligible to File a Lawsuit?
In Florida, only certain parties can bring a medical malpractice lawsuit:
It is important to note that in Florida, only one action may be brought for the wrongful death of an individual by or on behalf of the survivors, who have suffered damages because of their loved one’s death. This means that a single appointed representative, such as a surviving spouse or child, will serve as the plaintiff and be responsible for filing the claim on behalf of all eligible family members or dependents.
How long do you have to file a medical malpractice claim?
Medical malpractice claims are complex, requiring specialized skills and experience. Martin L. Hoffman, Esq., has over 40 years of experience successfully handling medical malpractice cases. Many of our cases have been referred to us by other attorneys and physicians. Our firm offers free consultations, and there are NO fees or costs unless you win your case.
Call Mr. Hoffman directly at 305-653-555 or email him at [email protected] for your FREE CONSULTATION.
Divorce is hard for everyone concerned. Little can be done to lessen the pain of divorce, but the parties involved can make the journey a little easier. Having practiced Family Law for over 40 years, we have seen it all.
Here are 10 tips that we advise our clients to adopt:
The Do’s:
The Don’ts:
An experienced family law attorney can help navigate the divorce and custody process, achieving the optimal results for you and your family.
Hoffman, Larin & Agnetti, P.A. has been representing families for over 40 years in Miami-Dade, Broward, and 25 years in Islamorada and Key West.
Call our experienced Family Lawyers, Text us at 305-653-1515, email us at [email protected] or call our office 24/7 at 305-653-555 to review all your Divorce, Separation, Custody, Paternity, Domestic Violence, and of course Parenting options.
Hoffman, Larin & Agnetti. Experience and Results Matter.
Divorce is hard on everyone involved. Spouses, partners, children..even extended families face a jumble of emotions. Although this is common and is to be expected, all this can lead to mistakes that can have long-lasting effects, emotionally and financially.
Below are our top 10 common divorce mistakes as well as tips to avoid these pitfalls.
#1: FAILURE TO TAKE CONTROL OF YOUR DIVORCE
During your divorce, remember that this is your divorce. Do not allow your attorney, friends, or family members to take control. These well-meaning individuals will not have to live with the decisions made, you will. Take your time, select an attorney that you are comfortable with, and be honest with him/her and yourself.
#2: MAKING SIDE DEALS WITH YOUR SOON-TO-BE EX
Even if you and your spouse/partner continue to have an amicable relationship throughout your divorce, do not make the mistake of entering into side agreements with your soon-to-be-ex. It is imperative that everything is documented in your written settlement agreement so that your interests, and your children, will be protected. Life will change for you and your ex after the divorce and new relationships can create havoc with ‘but you promised’ if it isn’t in writing.
#3: NOT BEING HONEST WITH YOUR ATTORNEY
Your attorney can only work with the facts that you give him. If you fail to disclose everything regarding your case to your attorney or if you mislead her regarding the facts of your case, the person you wind up hurting is yourself. Be open and honest with your attorney, regardless of the issue.
#4: NOT BEING HONEST WITH YOURSELF ABOUT YOUR NEW FINANCIAL REALITY
Going from supporting one household to supporting two is more expensive than a lot of people realize. Write everything (veterinarian expenses, cable bills, uniforms for school teams……..everything!) down in your financial plan and be realistic on the ‘needs’ vs the ‘wants’. Remember, you don’t only split the assets you accumulated; if you and your spouse jointly accumulated debts during the marriage, ensure that your settlement agreement explicitly sets out who is responsible for paying back that debt. Make sure that your attorney has your name removed from any liabilities that you are not responsible for, such as mortgages or credit accounts. This will ensure that you are not held liable for debts that you are not responsible for.
#5: HIDING ASSETS
Individuals have a legal obligation to disclose all assets and liabilities during divorce proceedings. It is for the court to examine all assets and then determine whether they should be divided and how to do so. The intentional act of failing to disclose assets will be frowned upon by the court and can result in significant penalties. Even doing so accidentally can complicate the divorce process.
#6: HOLDING ON TO ASSETS THAT DON’T MAKE FINANCIAL SENSE
It is common for people to be sentimental and attached when it comes to the family home and other assets. But sometimes, holding on does not make financial sense. Larger properties require a greater amount of upkeep. Additionally, mortgage payments, taxes, repairs etc. can soon mount. Fighting to hold on to your home could do more damage than good in the long run.
#7: NOT CHANGING YOUR WILL OR ESTATE
In many states, ‘the occurrence of significant life events invalidates any previously executed wills’. It is important to revise your will or estate plan upon your divorce. This will ensure that your true wishes are carried out upon your death, especially if you decide to remarry.
#8: MAKING DECISIONS TO HURT YOUR SOON-TO-BE-EX
Divorce can be an intensely emotional process. In the heat of all these emotions, partners are often motivated to make decisions based on revenge or spite. Making rash decisions will often place you in a worse position. Remember the goal is to end. Trust your attorney; he or she is there to protect you.
#9: RUSHING TO ‘GET IT OVER IT’
On the opposite side, pushing a divorce through quickly and making an abrupt settlement can be a tempting prospect. Nobody relishes the thought of a drawn-out legal battle. However, making hasty decisions is typically not in your best interests.
#10: SELECTING THE 1ST ATTORNEY YOU SPEAK WITH: OR NOT HIRING AN ATTORNEY AT ALL
Although you may have friends or family members who have gone through the divorce process, they are not attorneys, and often the advice attorneys give may vary from case to case. And, do not take legal advice from anyone other than your attorney.
Take your time, interview a few attorneys, read their reviews, and check out how long have they been practicing family law. Did you speak to the attorney when you called for your free consultation or an intake person or the paralegal? Did they listen? It’s an important decision. Choose wisely.
And #11: Be really careful about sharing anything about your divorce on social media. Why? Read Getting Divorced? The 7 Golden Rules About Posting On Social Media
Effective on July 1, 2023, the legislature passed significant changes to the law regarding time-sharing with minor children by married or unmarried parents. The new law applies to all pending cases in which the court has not previously entered a final time-sharing order.
Time-sharing refers to how many overnights with the child(ren) each parent may be awarded by the court. The percentage of time-sharing that each parent is awarded not only determines the number of overnights but is a significant factor in determining the amount of child support payable by either parent under Florida’s child support guidelines (the formula that must be used to calculate child support pursuant to Florida Statutes).
As a result of the new change, the court will initially presume that a 50/50 division of parenting time is in a child’s best interests. In other words, unless rebutted by other evidence, the court must award equal time-sharing to both parents.
The Florida legislature has passed an alimony reform bill (Senate Bill 1416) which was signed into law by Governor Ron DeSantis on June 30, 2023.
This bill, which applies to all petitions for dissolution of marriage that are filed or pending as of July 1, 2023, has dramatically overhauled Florida’s alimony laws by eliminating permanent alimony and making other significant changes.
This article will walk you through some of the major changes in the law and how they may affect you.
Divorce is fraught with all sorts of challenges for everyone involved and rarely brings out the best in anyone. Sadly, it is not uncommon for one spouse to try to turn the situation to their advantage, especially when it comes to alimony payments. If you suspect that your spouse is playing games to avoid paying alimony, there are a few things you can do.
The first step is to gather evidence that your spouse is misrepresenting their income. This could include things like tax returns, pay stubs, or bank statements. If you can prove that your spouse is capable of earning more money, but is choosing not to, the court will calculate the amount of income that is consistent with his/her past employment, education, and ability to earn.
If you currently have an alimony or child support award, you, or your attorney, can file a petition to modify a prior award with the court. In your petition, you will have to show that there has been a substantial change in the other party’s income. If your income has decreased (e.g., due to loss of job, illness, etc.), that also may allow you to file a petition. If a parent does not abide by a child’s time-sharing order, this can also be grounds for modification.
Note: an attorney might be able to file a modification to have these legal fees paid by your former spouse.
It is important to have an experienced family law attorney represent you in this process. A lawyer can help you collect information, file the necessary paperwork, and represent you in court.
Modifying alimony can be a long and difficult process. Your spouse may try to fight the motion or drag out the process. Be prepared for a battle and be patient.
If you have legitimate reasons to believe that your spouse or former spouse is hiding their true income, an experienced lawyer, can through “discovery” (requests for production, subpoenas, proof that the other party’s claimed income is inconsistent with their life-style, etc.) establish your alimony or child support entitlement.
If you are facing this situation, it is important to remember that you are not alone. There are many people who have been through this and there are resources available to help you.