By Scott Weiss, Esq. | Published June 7, 2022 | Posted in Alimony, Divorce | Comments Off on How Electing not to receive Social Security Benefits until “Full Retirement Age” effects Alimony
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⟩ How Electing not to receive Social Security Benefits until “Full Retirement Age” effects Alimony
We often see parties in long-term marriages filing for Dissolution of Marriage while in their 60s. When addressing a party’s need for alimony, the Court must look at all sources of income for the recipient spouse. Social Security benefits received by the recipient spouse are considered income pursuant to Fla Statute 61.08. How about a Read More
Read MoreWhat Factors Does The Court Need to Consider When Establishing or Modifying Time-sharing?
Florida Statute 61.13 sets forth the following factors which a judge must consider for purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule: (a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the Read More
Read MoreSame-Sex Divorce and Property Distribution
Since a 2015 landmark U.S. Supreme Court decision, Florida has recognized same-sex marriage and, as a consequence, same-sex divorce. As with all divorcing couples, property considered marital in ownership is divided as fairly as possible. However, same-sex couples may face unique issues, especially as concerns property they may have acquired prior to 2015 while living Read More
Read MoreWill the U.S. See its Divorce Rate Spike After the COVID-19 Quarantine Ends?
Will the U.S. See its Divorce Rate Spike After the COVID-19 Quarantine Ends? With so many American residents stuck at home with their families, prognosticators have predicted that several months down the road, the country could experience a baby boom and a divorce deluge. Unlike a cozy blizzard that keeps you home from work for Read More
Read MoreWho Gets the Stimulus Check When Spouses Are Separated or Divorcing?
Going through a divorce is stressful enough, but the coronavirus pandemic spreading throughout the United States presents additional complications for spouses who have decided to split. In addition to changes that might need to be made regarding custody and visitation arrangements while travel is restricted, negotiations over property division need to address any new economic Read More
Read MoreTips For Avoiding Anxiety and Conflict During Your Divorce
Divorce can be an emotionally charged process. Even the most harmless or inconsequential of circumstances can spiral out of control on a moment’s notice. These 10 tips can help you maintain your peace of mind and avoid escalating conflict with your spouse during the divorce process. 1. Walk away before emotions flare. 2. Remember that Read More
Read MoreCan I Get a Simplified Divorce?
In order to file for a simplified divorce in Florida both parties must meet the following requirements: There can be no minor or dependent children born from the marriage nor can the wife be pregnant (all child born of the marriage must be at least 18 years old). If there is property, division of property Read More
Read MoreCan My Ex Go to Jail for Not Paying Child Support?
Being sent to jail is not likely to facilitate the ability of your ex to make child support payments. However, parents who refuse to make payments they can afford can potentially be found guilty of contempt of court, which can subject them to being sent to jail . This may seem satisfying to the other Read More
Read MoreWhat is a True “Emergency” in Family Law Cases
Everyone believes their motion deserves the immediate attention and resolution by the Court. Many self represented litigants and inexperienced attorneys believe that by filing an “Emergency Motion”, even if the issue is not a true emergency, they will receive that immediate attention and resolution. However, filing a Motion as an “Emergency” does not automatically get Read More
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