What Can Be Considered to Receive Alimony or Child Support: Case Example

Can the court consider if a loan from family or friends as a husband or wife‘s income for alimony or child support purposes. GARDNER VS. GARDNER, 692 So.2d 245 (1st D.C.A. 1997) addressed the issue as have several courts. At the final hearing the trial court foundthat Kathie Gardner had a need for alimony but […]

What Can Be Considered to Receive Alimony or Child Support: Case Example

The Dade County Court of Appeals have addressed the issue of whether or not gifts or loans from parents or friends can be considered in determining the ability to pay or receive alimony or child support. In SIBLEY VS. SIBLEY, 833 So.2d 847 (3rd D.C.A. 2002) the Third District Court of appeals addressed the issue […]

When Do We Decide The Issue Of What Is A Marital Asset?

Florida Statute 61.075(1) in any proceeding for dissolution of marriage, the court shall set apart to each spouse that spouse’s non-marital assets and liabilities and shall distribute between the parties the marital assets and liabilities in such proportions as are equitable. The statute goes on to define what is a marital asset and what is […]

What Are The Marital Assets and liabilities They Include

Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them; The enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both; […]

Factors The Judge Should Consider

Each of the aforementioned factors do not apply to every single case. Some factors are more important and others are less important depending on the facts of a particular case. It is hopeful that we can work out a negotiated settlement regarding equitable distribution. Most cases are resolved through a settlement. However, if we cannot […]

Equitable Distribution

There are very few cases that do not involve equitable distribution of assets or liabilities. If there are absolutely no assets or liabilities to distribute then equitable distribution is not applicable. However, that is not your case. As with many other states throughout the United States, matrimonial law has developed into a concept of equitable […]

Custody

Custody battles have come a long way in Florida law. Originally there were only two concepts: custody and visitation rights. Those two concepts caused expensive, extensive, and divisive litigation. As society developed and a greater awareness developed about parenting arrangements, the Florida law changed. We then developed the concept of shared parental responsibility, primary residential […]

Alimony

The issue of alimony will be a matter that has to be resolved in your case. We either can resolve it through a negotiated settlement or the trial court judge will decide the issue. After almost five decades of practicing matrimonial law, a settlement of an issue is often times better than litigated results. To […]