Articles Posted in Florida Statutes

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In Florida, when couples divorce they often seek alimony. The economic situation is now leading to bankruptcy as a common divorce issue. If the filing former spouse has an alimony obligation, the question becomes, is that obligation dischargeable in the bankruptcy? Dischargeable bankruptcy debts are outline in United States Code, Title 11, Chapter 13. The old version of the law stated that the alimony obligation was not dischargeable unless the payor did not have the ability to pay the debt and the discharge benefit to the payor out-weighed the harm to the spouse receiving the alimony. That is not the case anymore in Florida. The new section maintains that debts such as alimony to a former spouse or spouse on a temporary basis in the course of a divorce cannot be discharged at all. So this means that if you have an alimony obligation or are receiving alimony, the alimony obligation cannot be discharged in a bankruptcy action. These issues can be extremely complicated and obtaining a family law attorney would be beneficial.

Written by Whitney R. Lonker
Wood, Atter & Wolf, P.A.

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Super Bowl XLIII was played in Tampa, Florida, but real-life drama unfolded on the televisions across the Tucson-area Sunday night. Tuning into watch the biggest game of the year amounted to viewing a lot more for Comcast viewers. During a portion of the Steelers v. Cardinals game, the game was interrupted with a 30-second clip of adult content and many saw full male nudity. While this incident is most likely the cause of “malicious acts,” pornography and football comes up in 2008->Ch0061->Section%20075#0061.075; target=”_blank”>;Florida divorces regularly.

Florida is a “no-fault” divorce state, but using money to purchase pornography, place bets on football (Super Bowl XLII), or have extramarital relationships can really come back with a vengeance. Thankfully, the men and women tuning in on Sunday will not be accused of such behavior for their brief encounter with a “malicious act” at the cable company.

Written By: Lenorae Atter

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New York Yankee fans can rest assured that Alex Rodriguez (A-Rod) will be able to focus on baseball this year. His Florida divorce is over after less than a year battling with his (ex) wife, Cynthia Rodriguez. The couple was able to reach a settlement agreement, trumping the need to go to court.

Cynthia Rodriguez filed for divorce in Miami, Florida in July, 2008. The petition filed with the court stated, “The marriage of the parties is irretrievably broken because of the husband’s extramarital affairs and other marital misconduct.” Florida is a “no-fault” divorce state, meaning that the affairs really held no legal bearing on alimony. However, any money A-Rod used in advancing the relationships could come back to pad the pocket of Mrs. A-Rod. For example, a trip to England to visit a certain pop star could be fully reimbursed depending on the settlement reached by the couple.

 

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Having grown up in Florida, in a divided home. this is something I know a lot about. As a family law attorney in Jacksonville, Florida, I utilize what I learned as a child in dealing with similar situations. Dividing holidays, birthdays, special occasions and family vacations are a concern for any parent going through a divorce or paternity action. In Jacksonville, FL, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement.

Development of a timesharing and parneting plan assists the parents in formulating their schedule for the youth of the child, not just year-to-year. For instance, in accordance with the Jacksonville-area guidelines, holidays are alternated between the parents. In odd numbered years Thanksgiving will be with one and Christmas will be with the other and it will switch for the following,even-numbered year. If you are fortunate to all live in the same city, then it is alternated a little differently.

In approaching the subject with your children, it’s important to keep a positive attitude about the changes. Remembering the “silver lining” ideas, such as more presents and twice the celebrations. I remember having two birthday parties, which seemed like the coolest thing in the world when I was a kid.

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Florida Statute 61.08 provides the rules for receiving alimony. However, only the courts and many lawsuits have created the boundaries for what are considered short-term and long-term marriages. As such, many people feel that if they are married and their spouse provided for them, then they are entitled to alimony in some capacity.

If you have ever dealt with child support issues or other family law matters, then you may know that the amount in child support is determined by a calculation and the numbers don’t really change one way or another because it’s really a black and white issue. However, that is not true with alimony, and there are many factors that can be considered. However, the focus here is not in the aspect of determining whether you’ll receive alimony, but just to clarify a few terms that you probably could not find on your own.

In first determining alimony, your legal representative and/or the court will evaluate the length of the marriage. In Florida, a long-term marriage is considered anything over 15 years of marriage and a short-term marriage is anything up to 10 years. Many people fall within a gray area, which the court has the right to use its discretion in determining and that is the 11-15 year marriages. It is important to realize that the court does have discretion to rule in accordance with the lifestyle of the parties, the work dynamic of the parties, and many other aspects. Also, since Florida does not recognize an equation for the process, often each judge has his/her own way of determining how, if any, alimony should be determined.

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Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce. Temporary needs have been established to protect a spouse needing support to remedy the ability for the soluble spouse to overpower with a “hired gun” because it provides the court the ability to assess attorneys fees and costs to the nonsupport seeking spouse. This levels the playing field and assures legal representation for both parties.

In addition to providing legal fees, the Temporary Needs are designed to assist in keeping the status quo of the marriage. Temporary Needs can address the following: alimony (to be provided during the divorce); child support; the marital home and expenses; etc.

The theory is to provide a comfortable transition for both parties and to address the issues that are pending immediately upon separation and the filing for a divorce. In order to preserve these rights and make certain that your issues are being addressed, it is important to contact an attorney who would be able to walk you through your situation and what you may or may not be entitled to receive.

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In Florida, moving with a minor child is more than just hiring a mover. Florida Statute 61.13001 gives you specific directions in dealing with this topic, but not following the statute can lead to many issues.

If you are moving 50 or more miles away and you plan on taking your child(ren), then the statute requires that you inform the other parent by Notice and let the court know of the change. The other parent has the right to object to your relocation after receiving notice. If you move before the relocation is entered with the court, then you can be forced to return to Florida, with the child. Failure to comply can lead the court to order you stay in Florida; change the primary residence of the child; or other otions available to the court. It is important to understand that Florida Statute 61.13001 is very precise and has a number of requirements, it is important to follow the statute precisely and would be beneficial to seek legal counsel.

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We hear about teen pregancies from Florida to California all of the time. Ranging from politicians to pop stars, the issue seems to be a constant in our lives. Sarah Palin’s daughter was 17 years old and pregnant, Jamie Lynn Spears was 16 and pregnant, and most likely your Florida teen knows someone in high school that’s pregnant. Taking the political nature of the question out, as in Pro Life or Pro Choice, what are the options one has?

I’m pretty certain that many of these young girls really don’t want to get married right now, but obviously that is an option. But, does it really solve the problem? In Florida we recognize that parents have the right to child support, so the old fashioned idea of pregnancy equals marriage is not really necessary. In fact, it statistically causes more problems later since the majority of marriages that end are due to the couples being too young when they got married.

Another answer is for a paternity test to be done and filed with the court in order to prove the child does have a father, and hold that father responsible for any child support obligations. In teen pregnancy the mother and father are sometimes in school, but the court can impute income for child support to be assessed. Also, the child does have the option of going on state funded medical insurance. However, this is a tough road altogether and it’s important to make certain you’re making the right choice.

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In Florida, the law recognizes certain items as premarital assets and in a divorce those items typically remain with the person that brought them in. Engagement rings are always a question for clients because one party paid for the ring and one has been wearing the ring, so to whom does it belong?

If you received an engagement ring but did not go through with the marriage, then the ring is normally returned. However, if you received the ring, went down the aisle and were married, then that ring now has a place with the wife regardless of payment being made by the husband. The ring is considered a premarital gift and it remains with the wife upon the dissolution of the marriage. The value of the ring, given that it is premarital, does not go into the pot of the value of the couple’s assets. Therefore, if the ring is worth $20,000 and was a family heirloom of the husband, as was the issue in a recent Florida case, the court must still find the ring as nonmarital property and will go to the Wife.

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A Florida Circuit Court Judge has ruled that a 31 year old ban on gay adoptions is unconstitutional. The Judge allowed the adoption of a openly gay foster parent of a teenage boy that she had raised since 2001. The case was reported in the Miami Herald. The Judge noted that he made his decision on the best interest of the child rather than the law that was passed back in 1977.

The role of the attorney is to interpret laws and pursue cases on behalf of clients. While there is a ban on gay adoptions in the State of Florida, it appears that some Judges are willing to violate statutes in order to challenge the laws to determine if the Florida Supreme Court or the United States Supreme Court will ultimately rule on the issue to confirm the laws in place or in the alternative make new laws.

Section 63.042, Florida Statutes – Who May Be Adopted, Who May Adopt provides that no person is eligible to adopt if that person is a homosexual.

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