The rate at which alimony and/or child support arrears are repaid is largely dependent on whether or not an income withholding order has been previously entered in the case. If an income deduction order or income withholding order has been entered, Florida Statute 61.1301(1)(b)(2) mandates that any arrears must be repaid at least at the rate…
Continue reading ›Never a truer statement has been made then “the buck stops here”, when dealing with time sharing issues in a divorce case. What this means is that the judge must have the final word in all issues which affect minor children, and he does not have the legal authorization to delegate that responsibility to any…
Continue reading ›All income available to the recipient of alimony should be taken into consideration prior to the court assessing the amount of alimony to be paid. Income from all sources reduce the “needs” of the spouse who is claiming alimony from the other party. “Needs versus ability to pay” is the general standard utilized by the…
Continue reading ›Equitable distribution of marital assets comes in many forms. One such form is the enhanced equity that one party obtains when his non-marital mortgage is paid down during the course of the marriage with marital funds. Support for this proposition is found under Florida Statute 61.075(6)(a)(1)(b). In the case of Somasca v Somasca, 171 So3rd…
Continue reading ›The amount of child support paid has a direct correlation to the number of overnights that the child spends with each parent. Therefore, child support is not just based on the respective incomes of the parents, but must also include the number of overnights that the child spends with each of the parents. When you…
Continue reading ›In a dissolution of marriage action, the court is required to identify all the marital assets and to establish the value for those marital assets. Stock is just one example of what might be considered a marital asset in a divorce case. Stocks which are traded routinely on an exchange have a value that is…
Continue reading ›Child support, under Florida law, is initially established by applying the Florida child support guidelines. The child support guidelines are applied to not only a final hearing in a dissolution of marriage action, but are also applicable in temporary support proceedings Florida Statute 61.30(1)(a) specifically states that the child support guideline amount is utilized to…
Continue reading ›There is a general rule in Florida that essentially says that a trial court should award the primary residential parent exclusive use and possession of the marital residence after divorce, until the child or children reach majority or are emancipated. As we often discover in life, there are exceptions to every rule, and this holds…
Continue reading ›A trial court in a divorce proceeding lacks the legal authority to order the sale of jointly owned real property, unless there was a specific pleading asking for partition of the real property. Partition is a request that is made by one of the parties to sell jointly owned real property. The court in the…
Continue reading ›Bonus income can be paid on a regular and routine basis, or it could be paid for an isolated event. The law is clear however, that in order to include bonus income in a child support calculation, there must be evidence that the bonus is regular and continuous before it can be included in a…
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