By davidbmitchell | Published June 2, 2020 | Posted in Uncategorized | Tagged Tags: DIVORCE, MARITAL DEBT | Comments Off on FLORIDA DIVORCE LAW AND MARITAL DEBT: (MORTGAGES, STUDENT LOANS, CREDIT CARDS, ETC.)
FLORIDA DIVORCE LAW AND MARITAL DEBT: (MORTGAGES, STUDENT LOANS, CREDIT CARDS, ETC.)
Often, one of the first questions a client in a divorce case raises concerns the treatment of debt. “Am I responsible for my wife’s credit cards?” “The mortgage was on his house before I moved in. Am I responsible?” “It’s her car. Do I have to pay off her auto loan?” “He has a Read More
Read MoreDEALING WITH A NARCISSIST IN A FAMILY LAW MATTER (DIVORCE, PATERNITY, CUSTODY, ETC.)
Having practiced family law for over three decades, the prevalence of mental health issues in our office’s cases is obvious and growing. Alcoholism, drug abuse, serial infidelity have always been common, but the analysis of the disorders present in one or both parties is becoming more clear as science advances. Among the most common disorders Read More
Read MoreALIMONY’S ‘STANDARD OF LIVING’ TEST: WHAT IF THE ‘STANDARD’ IS TOO HIGH?
Under Florida’s alimony statue (Chapter 61.08, Florida Statutes), one of the main criteria in determining the amount of alimony to be awarded to requesting spouse is a determination by the court of the ‘standard of living maintained during the marriage.’ This is one of ten criteria to be applied once there is established a quantified Read More
Read MoreCORONA VIRUS AND YOUR FAMILY LAW CASE
There is no question that the corona virus pandemic has brought large parts of our society to a complete standstill, both locally and throughout the world. A frequent request from clients has been to assess the effect of the response to the virus on pending or anticipated family law cases in South Florida. To begin, Read More
Read MoreTAX CREDITS WITH KIDS: THE CHILD CARE AND DEPENDENT CARE CREDIT IS ALIVE AND WELL
Since Congress passed the Tax Cuts and Jobs Act in 2017, many have mistakenly believed that the child care tax credit is gone for now. It is not. Congress wanted to assist working parents of children under 13 years of age (and those caring for qualified dependents) and guardians by giving them a generous tax Read More
Read MoreDOMESTIC VIOLENCE: CAN YOU BE PROTECTED?
One of the most difficult events during a relationship inside or outside of a marriage is the occurrence of domestic violence. Clearly, no one is permitted to seriously threaten much less physically attack a spouse or significant other and such attacks can often have direct criminal implications. Indeed, Florida’s domestic violence statute Chapter 741.28, Florida Read More
Read MoreBUYING THE MARITAL HOME WITH PREMARITAL MONEY: ON DIVORCE, DOES IT HAVE TO BE REPAID?
In a contested divorce case, the court must identify each of the major marital assets, subtract any marital debts, and equitably distribute the net marital estate between the parties. Thus, it is very common to have the marital home valued by the court and the net equity (market value less mortgage balances) distributed between the Read More
Read MoreCAN A PRENUPTIAL AGREEMENT BE SET ASIDE IF YOU SIGN UNDER DURESS?
Florida’s Uniform Prenuptial Agreement Act (Chapter 61.079, Florida Statutes) sets out the grounds for attacking a prenuptial agreement in the event of a divorce where one party wants the court to set aside the agreement. These are “fraud, duress, coercion, or overreaching.” But what is “duress”? Understanding that even in the best of circumstances, being Read More
Read MoreLIFE INSURANCE TO SECURE ALIMONY
As a general rule, an award of alimony ends upon the death of the paying ex-spouse (typically, the ex-husband). This could result in the recipient (typically, the ex-wife) losing the financial lifeline of those monthly payments. Florida law permits the divorce court to enter an order requiring the paying spouse to secure the award of Read More
Read MoreREDUCE CHILD SUPPORT OR ALIMONY: NEW CASE
NEW ‘CHANGE OF CIRCUMSTANCES’ CASE If you’re paying alimony or child support and want to reduce your obligation because of a new job, job loss, career change or other ‘change of circumstances’, a new Florida appellate court case may help give you some direction. In general, to reduce an existing alimony or child support obligation Read More
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