“Self help” is a phrase often used in legal cases involving landlords and tenants. It generally refers to a landlord who decides to throw out a tenant on his own, without going through the proper legal procedures required for an eviction. Serious negative consequences can befall a landlord who engages…
Articles Posted in Divorce
Retirement, Changes in Income and Modification of Alimony in Florida
In law, as with a lot of things in life, it pays to be well-versed in the details, be they small or great. For example, if you are preparing to retire, and your transition into retirement means a significant reduction of your income, do you know which rights this change…
The Rules for Requiring a Spouse to Purchase Life Insurance to Secure an Alimony Award in Florida
When a court makes a determination that an award of alimony is appropriate in a divorce case, one of the things with which the court may concern itself is taking steps to ensure the obligation is met. To do that, the law allows courts to demand that supporting spouses purchase…
The Impact of Deferred Social Security Benefits on Your Florida Alimony Claim
When you make a claim for alimony, there are multiple hurdles you’ll need to clear. You’ll need to prove that you have a financial need. You’ll need to prove that your ex-spouse has the ability to pay. You may also have to overcome arguments from your ex-spouse that seek to…
Using Marital Assets to Pay for Obligations on Non-Marital Assets in Florida
In many divorce cases, one of the key areas to resolve is equitable distribution. In some marriages, the couple may have a mixture of marital assets, non-marital assets, and maybe non-marital assets that were improved or acquired in part by using marital funds. Reaching a conclusion on equitable distribution can…
Awards of Fees and Costs in a Florida Divorce or Custody Litigation Case
With many family law litigation matters, finances can be an important part of the overall case. Your South Florida family law attorney can go over with you some of the scenarios in which you may be able to obtain a court order forcing your ex to pay your court costs…
Failure to Use Most Recent Salary Bonus Figure Leads Florida Appeals Court to Reverse Alimony, Child Support Calculations
In your alimony or child support case, there can be many components that go into calculating the appropriate amount of support owed. Part of making that calculation is ensuring that only a supporting spouse (or parent)’s regular and continuous income is factored into the determination. Whether or not you are…
Modification of Alimony and Retroactive Application in Florida
When you, as a spouse who owes an obligation of alimony, experience a substantial chance in your income, the law may provide you with certain avenues to obtaining a reduction in, or the elimination of, your alimony payments. In many situations, that change may even apply retroactively to some date…
How the Terms of a Prenuptial Agreement Blocked an Award of Alimony in One Florida Divorce Case
The law gives parties wide latitude in how they structure the terms of their contractual agreements. The same is generally true when it comes to spouses and the terms of their prenuptial agreements. For example, one Florida couple entered into a prenuptial agreement that waived all rights to future alimony…
Procedural Deadline Rules and How They Can Make or Break Your Florida Family Law Case
A well-worn catch-phrase opines that “timing is everything.” In the law, timing isn’t necessarily everything, but sometimes it can be the only thing that matters. Failing to follow precisely the rules of procedure and the time limits they impose upon you can have dire consequences. A South Florida case involving a…