Parents who file separate tax returns cannot both claim the same children as tax exemptions, this includes divorced parents, unmarried parents or married parents who are filing separately. The IRS may audit both returns if it discovers this error on one parent’s return. The general IRS rule is that the parent who has physical custody…
When a couple divorces and one of the spouses is a member of the armed forces, the former spouse of that military member is still entitled to a percentage of the Survivor Benefit Plan and retirement pension plans, even when the military spouse remarries.Heldmyer v. Heldmyer, 555 So.2d 1324 (Fla. 5th DCA 1990). This percentage…
A Court ordered domestic violence injunction may be dissolved or modifed if there is a sufficient showing of changed circumstances. This is done when one or both parties can show that the events or scenario that caused the injunction to be created no longer exist to justify the injunction to remain in place as originally…
If your marriage lasted for 10 years or longer and you are now divorced, you can receive benefits on your ex-spouse’s record, regardless of if they have remarried, so long as you meet the following requirements: You must be62 years of age or older; You must be unmarried; Your ex-spouse is entitled to receive Social…
If you have never been married to the father of your child and have no current court order in place that deals with custody, or timesharing, then you probably have sole parental responsibility and 100% timesharing by default of the law! Unless and until the father of the child takes some action in court to…
Are you thinking of relocating with your minor child? As discussed in a previous blog on this topic, Florida’s relocations statute (Section 61.13001) has many important requirements that must be fulfilled before a parent will be permitted to relocated more than 50 miles away with a minor child. However, it is important to remember that…
Are you a parent who has chosen to go back to school and not work — after having children and having court ordered child support in place? Be careful with expecting an automatic reduction in child support due to your new “student” status, as the Court may still inpute income to you as if youwere…
InGreen v. Green, Fla. 4th DCA (June 6, 2012), the Former Wife withdrew $30,000.00 from the parties’ joint savings account just prior to the Former Husband filing for divorce. The Court found this was not dissipation of marital assets because there was no finding of misconduct by the Wife. The Wife had used those funds…
ou may not have known that there are certain situations in which Grandparents CAN have court ordered rights to see their grandchildren, even over a parent’s objection. For instance, if a parent is employed by the U.S. Military and receives military orders, such as deployment, which will make it impossible for that parent to exercise…
An administrative child support action is different from a circuit court child support action. An administrative child support action is based on your paternity having already been established by the appearance of your name on a child’s birth certificate, even if you were never married to the mother or have ever had a court order…
