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.
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
By HLA
The new legislation signed into law on July 1, 2023, not only affects alimony and timesharing; it also changes the law regarding support for dependent adult children.
A dependent adult child is an unmarried adult who cannot support him/herself as a result of a physical or mental incapacity that began before the age of 18. In Florida, parents have a legal obligation to support their dependent adult child. It would seem unnecessary to pass a law to compel parents to take care of their dependant adult child- but it turns out to be necessary after all.
The bill grew out of a situation involving the Miami father of a 27-year-old Down syndrome child who refused to support her. A lawsuit against the father was filed in 2019 and the circuit court dismissed the case. The court ordered the child to pay her father’s legal fees because it was determined to be a frivolous lawsuit. An appeals court determined the lower court had erred in 2020, however.
“This codifies the law so cases like this don’t happen,” said a spokesperson for the Family Law Section of the Florida Bar. “This gives courts a clear guideline in determining if and when to award such support.”
If a parent fails to do so, a lawsuit to establish support may be filed by:
The dependent adult child
His/her agent under a power of attorney
A parent or other person on behalf of the child
Or the dependent adult child’s guardian.
This lawsuit may only be filed after the dependent adult child has reached the age of 17 years and 6 months.
Support ordered by the court after the dependent adult child reaches 18 may only be paid only to the child, an agent with a power of attorney, a court-appointed guardian, or assigned to a special needs trust.
The amount of support that parents will be required to pay to support a dependent adult child is based on the needs of the child and the ability of the parents to pay. The court will consider the following:
The dependent adult child’s income
Any existing and future needs of the dependent adult child which are directly related to his or her mental or physical incapacity. That includes the substantial care and personal supervision directly required by or related to that
Whether a parent or other person pays for or will pay for the care or supervision of the dependent adult child or provides or will provide substantial care or personal supervision to the dependent adult
The financial resources available to each parent for the support, care, and supervision of the dependent adult
Any other financial resources or other resources of programs available for the support, care, and supervision of the dependent adult
The court may not order support that will cause ineligibility for any means-based government programs and benefits.
An experienced family law attorney can assist in obtaining support and further clarify the rights of a dependent adult child and secure support from obligated parents.
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 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.
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.
By HLA
A new law in Florida makes it easier for unmarried fathers to be legally recognized as the child’s parent, with all the rights and responsibilities that come with it.
Previously, unmarried fathers had to go through a lengthy and expensive process to establish paternity in court. But the new law, which goes into effect on July 1, allows fathers to be declared the natural guardians of their children if both parents sign a voluntary acknowledgment of paternity.
This means that fathers will no longer have to go to court to get custody rights, and they will have an equal say in their child’s education, health care, religion, time-sharing, and safety.
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.
When parents are not married and have children together, they can face a unique set of challenges when it comes to shared parental custody. In Florida, the court considers the best interest of the child when determining custody arrangements, but the process can still be complicated for unmarried parents. Here are some of the common challenges faced by unmarried parents in Florida during shared parental custody.
Back to school comes sooner than we expect. Buying clothes, new backpacks, supplies, and for soon-to-be or already divorced parents, a whole new set of challenges to be faced.
But with planning and good communication, the only ones who have to fear the 1st day of school will be the kids.
The following are five tips to keep in mind in staying involved with your child and promoting your child’s excellence at school: