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South Florida Family Law Blog

When child support enforcement issues comes up in Florida

Among the family law issues that can come up after a divorce are enforcement issues. For example, allegations may arise that one of the parties to the divorce has failed to make payments required under a court order. This could include accusations of failing to make child support payments.  

How does alimony affect your taxes?

If you have been ordered to pay alimony or the courts have decided that you will receive alimony, you might be wondering how it will affect your taxes. One of the things that separate alimony from child support is that the spouse receiving it will have to pay taxes on it. So, it follows that if one spouse is paying taxes on it, the spouse paying it can use it as a deduction.

You can deduct alimony payments if you meet the following requirements:

Responding to suspected squandering of marital assets

In a divorce, it is important for both parties to stick to fair tactics. Unfortunately, this does not always happen. Sometimes, a party decides to resort to unfair behavior to try to better their position or hurt their spouse. For example, sometimes, a person will purposefully waste marital assets to try to reduce what their spouse will receive in the divorce.

The other spouse is not out of luck if their spouse engages in such dissipation or depletion of assets in connection with a divorce in Florida. There are steps they can take to combat such unfair behavior. Under Florida law, courts can factor in the intentional squandering of an asset by a party when deciding what would be an equitable or fair division of property in a divorce.

Understanding probate laws in Florida

When a person passes away in Florida, it is common for one's estate to go through the probate process. This means that the court will supervise the transfer of the decedent's assets to the people or organizations that are entitled to receive them.

The probate process can be complicated and is often time-consuming, especially if an individual passes away without a will. If you find yourself in a position where you have to deal with the probate process, it is important to understand what you can expect during the proceedings. An experienced probate attorney in the Pompano Beach area can help you navigate the court system and the process. Read further for an overview of Florida probate laws.

How are child custody decisions made in Florida?

Child custody is one of the most important issues couples need to resolve during a divorce. When couples cannot come to an agreement on how to handle custody and parenting matters, a court has to step in and make a decision. One important point parents need to understand going into custody proceedings, though, is that the decision is not primarily about their own competing interests as it is in other aspects of divorce, such as property division.

Rather, child custody is primarily about what is best for the child, and family court judges are supposed to make the best interests of the child the primary basis for custody decisions. Florida's child custody statute specifies that judges are to evaluate all factors relevant to the best interests of the child and provides a non-exhaustive list of factors for consideration.

When to relocate with your child

In some situations, a Florida parent who divorces their spouse and has primary custody of the child may feel like their current location is no longer right for them. Though issues of visitation rights make it difficult for a person to relocate for any reason at all, there are plenty of court-approved reasons for a parent and child to move elsewhere.

The American Bar Association states that the child's well-being and opportunities are the first thing considered in any decision to relocate. If a parent feels that their child will get better opportunities elsewhere - whether they are scholastic, social or economic opportunities - then that might be a good sign that it's time to consider relocating. This can go for both shorter term issues like simply getting into a better schooling district, or longer term issues like moving into a town that has more potential career opportunities. Generally speaking, if the child's quality of life will improve with a move, it may be approved by the courts.

Learning how to successfully obtain any child support owed

Most spouses are embroiled in nasty divorce cases once relations have worsened beyond pair. In such situations, partners engage in several court battles with the sole purpose of retaining child custody. The child's wellbeing is the most important factor to consider, despite the constant bickering witnessed by feuding spouses. Once the dust has settled, and child custody has been awarded, parents need to develop a comprehensive plan that outlines child support mechanisms. In Florida, the law clearly stipulates that both parents need to be involved in the child support modification process to promote their wellbeing.

How spousal support can help divorcing Florida couples

Divorce is a time of upheaval, even though it can also be the best solution for you and your soon-to-be-ex. One of the many ways that divorce can affect your life is in a financial manner. There will be costs associated with your divorce and there will be a new financial reality you will have to face as an individual when your spouse is no longer with you. So what considerations does the law make for this scenario?

Spousal support, or alimony, is a way that spouses can financially normalize after a divorce. Spousal support isn't included in every divorce, but if you qualify based on a number of factors, then you could end up paying or receiving this form of financial support.

Equitable distribution does not mean 'equal' distribution

The term "equitable distribution" brings to mind the idea of a fair or even division of assets. Equitable distribution is the way the state of Florida -- and most other states -- deals with property division during divorce. A handful of other states follow community property laws.

With equitable distribution, a court will decide what is a fair and equitable way to divide up the assets in any given divorce. This means that you aren't guaranteed 50 percent of the assets, nor are you guaranteed a 50 percent stake in any given asset. Instead, it simply means your financial fate and the vast majority of the wealth you have accumulated over your life will rest in the hands of a judge.

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