When it comes to legal matters, people often speak in broad terms. They will discuss rulings, orders, and so on, bypassing the “nitty-gritty” of the matter. Because of this habit, we are often left underinformed about how things really work. Spousal support is one such legal matter. Generally, we hear about someone who must pay for it and how much it costs, but we don’t know many details beyond ...
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In theory, gender shouldn’t affect any divorce ruling. The laws should apply to everyone, regardless of whether they are men, women, in a same-sex marriage, or any other combination our modern world produces. In practice, however, men still find it more difficult to receive spousal support. For some, the problem is internal. They don’t want to feel weak or needy. For others, the problem is ...
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Spousal support is not a one-size-fits-all solution for every couple. Depending on each couple’s circumstances, payments can be low or high. If you live in Florida, there are four major types of spousal support. Here is a broad overview of each, along with how it works and why it is ordered. Durational Spousal Support in Florida As its name implies, durational support lasts for a specified amount ...
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Any aspect of life could influence a child custody decision. Courts always attempt to make these rulings in the child’s best interests. Therefore, they will scrutinize the lives of both you and your child. They will take everything into account from the condition of your home, the distance between you and the child’s school, your job schedule, and so on. Health concerns are a big part of any ...
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Unfortunately, not everyone is equipped to raise children. Even with the best of intentions, some people simply don’t have the necessary skills or means to care for their kids. For instance, they may suffer an injury or another health problem that incapacitates them. Whatever the case, it is sometimes necessary for non-parents to take custody of children. This can apply to a child’s relatives or ...
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When making child custody decisions, there is a lot to consider. There is much more to negotiate than simply where the child will live. Luckily, if you live in Florida, the state uses a highly detailed parenting plan . It covers many factors of co-parenting, leaving almost nothing out. Here are just some of the items you will find in Florida’s parenting plan. Visiting and Joint Custody Schedule ...
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Child support is not meant to be a burden. It should be based on reasonable expenses, and it should be about the same amount you would spend if you lived with them. Even so, some people find it hard to keep up with their payments. This not only causes financial problems like debt, but it also results in legal issues. The good news is this: You can have your child support payments modified if your ...
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We all want to be there for our children, supporting them however we can. Sometimes, however, the realities of life stop us from doing so. Child support can get away from you, especially when you simply can’t cover the payments. You may get too far behind to catch up, which could lead to legal trouble. If you are in this situation, you may be able to have your payments altered. It is not enough to ...
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Child support exists to help custodial parents pay for the costs of raising their child. Many noncustodial parents are ordered to make regular child support payments by the courts. However, a person may not be able to afford the same amount of child support they could when their order was first made due to various life changes. There are certain actions a parent can take when this happens to get ...
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Any aspect of life could influence a child custody decision. Courts always attempt to make these rulings in the child’s best interests. Therefore, they will scrutinize the lives of both you and your child. They will take everything into account from the condition of your home, the distance between you and the child’s school, your job schedule, and so on. Health concerns are a big part of any ...
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Law Office of Russell S. Hershkowitz, L.L.C.Continue Reading
When making child custody decisions, there is a lot to consider. There is much more to negotiate than simply where the child will live. Luckily, if you live in Florida, the state uses a highly detailed parenting plan . It covers many factors of co-parenting, leaving almost nothing out. Here are just some of the items you will find in Florida’s parenting plan. Visiting and Joint Custody Schedule ...
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Life can take you in many unexpected directions. No matter how badly you want to stay rooted, circumstances may force you to move. This relocation complicates matters when you share custody of your children, especially when the move is long-distance. Such a move raises legitimate, important questions about parenting. How much authority will the long-distance parent retain? How will you handle ...
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Law Office of Russell S. Hershkowitz, L.L.C.Continue Reading
Child support is not meant to be a burden. It should be based on reasonable expenses, and it should be about the same amount you would spend if you lived with them. Even so, some people find it hard to keep up with their payments. This not only causes financial problems like debt, but it also results in legal issues. The good news is this: You can have your child support payments modified if your ...
Posted By
Law Office of Russell S. Hershkowitz, L.L.C.Continue Reading
Any aspect of life could influence a child custody decision. Courts always attempt to make these rulings in the child’s best interests. Therefore, they will scrutinize the lives of both you and your child. They will take everything into account from the condition of your home, the distance between you and the child’s school, your job schedule, and so on. Health concerns are a big part of any ...
Posted By
Law Office of Russell S. Hershkowitz, L.L.C.Continue Reading
When it comes to legal matters, people often speak in broad terms. They will discuss rulings, orders, and so on, bypassing the “nitty-gritty” of the matter. Because of this habit, we are often left underinformed about how things really work. Spousal support is one such legal matter. Generally, we hear about someone who must pay for it and how much it costs, but we don’t know many details beyond ...
Posted By
Law Office of Russell S. Hershkowitz, L.L.C.Continue Reading
In the best-case scenarios, a divorce can be completely straightforward. Property ownership can be clear and easy to divide. Spousal support rulings make sense and don’t overburden either party. Many things can go right. Unfortunately, this easy divorce is not the norm. Much can go wrong. Legal misunderstandings can slow the process down. Perhaps property ownership is complex and takes a lot of ...
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When determining child custody , courts consider a lot of factors, including any instances of domestic violence. Acting in the best interest of the child is everyone’s number-one priority, which is why courts take instances, even allegations, of domestic violence very seriously. If the domestic violence occurred after the child custody orders were issued, a parent can file to have the orders ...
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If you or your child is the victim of domestic violence or is in imminent danger of becoming a victim, you have the right to obtain a restraining order against the abuser. Also known as an injunction for protection against domestic violence , this court document orders the abuser to stop doing certain actions (e.g., abusing you, contacting you and your loved ones, visiting places you and your ...
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Unfortunately, not everyone is equipped to raise children. Even with the best of intentions, some people simply don’t have the necessary skills or means to care for their kids. For instance, they may suffer an injury or another health problem that incapacitates them. Whatever the case, it is sometimes necessary for non-parents to take custody of children. This can apply to a child’s relatives or ...
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In legal terms, to “contest” something means you are challenging it. A contested divorce is not agreed upon by both parties, and it must be handled in court. Each state has a different process for contested divorces. Some even expect you to raise formal accusations to justify the divorce. In most U.S. states, divorcing couples can bypass formal accusations. They can simply cite “irreconcilable ...
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When making child custody decisions, there is a lot to consider. There is much more to negotiate than simply where the child will live. Luckily, if you live in Florida, the state uses a highly detailed parenting plan . It covers many factors of co-parenting, leaving almost nothing out. Here are just some of the items you will find in Florida’s parenting plan. Visiting and Joint Custody Schedule ...
Posted By
Law Office of Russell S. Hershkowitz, L.L.C.Continue Reading
When making child custody decisions, there is a lot to consider. There is much more to negotiate than simply where the child will live. Luckily, if you live in Florida, the state uses a highly detailed parenting plan . It covers many factors of co-parenting, leaving almost nothing out. Here are just some of the items you will find in Florida’s parenting plan. Visiting and Joint Custody Schedule ...
Posted By
Law Office of Russell S. Hershkowitz, L.L.C.Continue Reading
Life can take you in many unexpected directions. No matter how badly you want to stay rooted, circumstances may force you to move. This relocation complicates matters when you share custody of your children, especially when the move is long-distance. Such a move raises legitimate, important questions about parenting. How much authority will the long-distance parent retain? How will you handle ...
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Creating a parenting plan is a key part of your divorce process when you have minor children. When you and your spouse determine what to include in this plan, each item must support your child’s well-being and meet their needs. This is crucial for a family law judge to approve it. Child custody and visitation schedule are central to your parenting plan, but you and your spouse need to reach an ...
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When a baby is born, there is no question as to who its mother is. The origin is obvious both biologically and legally. In some cases, even a surrogate can claim motherhood simply because the baby came from her. Fatherhood is more legally nebulous. Without direct DNA testing, it’s not easy to prove biological fatherhood. A married woman’s husband can even sign a birth certificate, regardless of ...
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When a married couple has a child, it is assumed they are the biological parents of that child. However, the same is not the case for unmarried couples. Establishing paternity can name a child’s biological father as their legal father. It also gives the father certain rights, like visitation. However, it also gives them responsibilities, such as making child support payments. What are the benefits ...
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Most people assume prenuptial agreements are only for the rich. This is an easy conclusion to reach. The media often uses prenups to depict wars between wealthy people. The contracts themselves also have a heavy focus on finances. Don’t assume, however, that a martial contract is not for you. Regardless of your economic status, there are benefits to creating and signing this document with your ...
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Marriage is a big commitment from both parties involved. It costs money to get married. It can cost a lot more money if the marriage ends in divorce without the proper protections in place. Prenuptial agreements were created to help people protect their assets in marriage. Many people believe prenups are only useful for wealthy people. However, the truth is that all married couples can benefit ...
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Marriage is a big undertaking. In the short term, it requires a lot of time to plan a wedding, as well as a lot of money. In the long term, it is a commitment to another person, but also a legal commitment. It changes the legal status of those getting married and provides new benefits, such as the ability to open joint bank accounts and file taxes jointly. However, marriage does not always work ...
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Within a marriage, there are generally two kinds of property. Marital property is owned by each spouse collectively. Separate property is owned by just one spouse. Separate property includes any gifts from people outside the marriage. It also includes inheritance or anything you owned before the marriage. Standards may vary from state to state, and there are always exceptions. These three ...
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When it comes to dividing marital assets during a divorce, determining what to do with your house will probably be one of the most difficult decisions you will have to make. Florida is an equitable division state, meaning the court will divide marital assets in a manner it deems fair. Any marital property will be divided equally upon divorce. As your house is not a liquid asset, it can be hard to ...
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For many families, a pet is considered another member of the family. Pet owners have a special bond with their pet as they invest time, energy, and love into caring for them. In return, they receive ongoing companionship and love. It is common to question which spouse will get custody of the pet after a divorce – especially if both spouses have a close bond with the animal. In many ways, a pet ...
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