TIP: During a divorce, if you agree to or are ordered by the Court to pay expenses associated with your marital home pending the sale of that home, make sure to request that you be reimbursed for those payments out of the sale profits from the home off the top, before that profit is shared…
The Court must take into consideration attorney’s fees incurred by the parties when determining equitable distribution in a divorce action. Do not forget to include your attorney’s fees as a marital debt when mediating your case or requesting relief from the Court. The Law Office of Summer R. Nichols is experienced in all issues related…
Section 61.075 (5), Florida Statutes (2016)states, in part: “If the court finds good cause that there should be an interim partial distribution during the pendency of a dissolution action, the court may enter an interim order that shall identify and value the marital and nonmarital assets and liabilities made the subject of the sworn motion,…
Under Florida law, you ARE entitled to even nonvested benefits, rights, and funds accrued during the marriage, from assets such as retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs. There is no argument against this just because such an asset has not vested at the time of divorce.
“Non-marital” assets are those which are not taken into consideration during a divorce. They are assets which belong solely to the spouse who owns them. Period. “Nonmarital” assets and debts include: 1.”ƒAssets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and…
As you are likely aware if you have a child, there is a credit which may be claimed when filing your income tax. For 2014 tax returns, the deduction from income was $3,950.00. Federal Law states, in part, that in the case of parents residing separately, the parent with whom the child lives for the…
Court CANNOT Order Restrictions on Religious Upbringing Unless Harm Shown…Each Parent Has the Right to Have Their Child Participate in the Religion of Their Choosing A court does not have the power to order restrictions on parents regarding religious upbringing, subject to harm to child shown. For instance, inPierson v. Pierson, 1D14-79 (Fla. 2014), the…
Sure, you may recognize the familiar rule that alimony terminates upon death or remarriage. However, alimony can also be terminated or modified when a former spouse begins cohabitating with another individual.However, cohabitiation is only grounds for a modification of alimonywhen that cohabitation is “financially beneficial” — meaning that the boyfriend or girlfriend of the former…
The Florida Debit Mastercard Program is a new way to receive your child support payments if you receive your payments via the Florida State Disbursement Unit (rather than directly from your former spouse). The State of Florida automatically processes these payments to a debit card which you can then use everyewhere Mastercard is accepted, including…
A new criminal law on stalking goes into effect in Florida on October 1, 2012. (See Section 784.0485, Fla. Stat.) Corresponding changes have been made to the Family Law Rules of Procedure; see especially Section 12.610. Do you have a cause of action for stalking? See the statutory definitions below: Stalking: when aperson willfully, maliciously,…