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In awarding alimony, the court considers factors such as the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income-producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife. 


You have the right to obtain information about your spouse’s income and assets through the use of discovery procedures. Call Huott Law and have a family law attorney explain your rights to you. 


Information referenced from the Florida Bar Consumer Pamphlet

Alimony

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Florida law requires the creation of a parenting plan for all children subject to a dissolution of marriage action. Parenting plans are designed to more closely reflect the modern day challenges and circumstances facing parents and minor children before, during and after a dissolution of marriage. Parenting plans address the details of how the parents will share and be responsible for the day-to-day tasks in raising children. The parenting plans also address time-sharing schedules for the time the children will spend with each parent. Parenting plans also encompass issues such as the designation of who will be responsible for school-related matters, and methods and technologies for communicating with the children, among other issues.


In approving a parenting plan, a court must make a determination of what is in the best interest of the child. Among the factors to be considered by the court are:


  • Demonstrated capacity and disposition of each parent to facilitate a close and continuing parent-child relationship.
  • The length of time the child has lived in a stable and satisfactory environment.
  • The geographic issues raised by the parenting plan.
  • The moral fitness and mental and physical health of the parents.
  • The child’s home, school and community record.
  • The child’s preference, if the child is mature enough to express a preference.
  • Evidence of domestic violence or child abuse or evidence that a party has made false accusations of domestic violence.


Call today to discuss the options and rights you have in a parenting plan.


Information referenced from the Florida Bar Consumer Pamphlet

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The official term for divorce in Florida is “dissolution of marriage.” The only requirement to dissolve your marriage is to prove that your marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage.


There are very important tax considerations in any divorce, including the dependency deduction for children, taxability and deductibility of child support and alimony in their various forms, and effects of property transfers. Knowing the tax consequences of your settlement agreement is important prior to finalizing your divorce. It may be too late after the signing of a final judgment to correct mistakes that have been made.


One of the most difficult and complex areas of divorce is the division of marital assets and debts. Marital property may include cars, houses, retirement benefits (pensions and 401k plans), business interests, cash, stocks, bonds, bank accounts, personal property, and other things of value. Debts, also called liabilities, include mortgages, car loans, credit card accounts, and other amounts of money you and your spouse owe to third parties. Generally, any asset or liability acquired during the marriage is considered marital and subject to distribution. The parties may also have assets or liabilities that are considered non-marital and should be awarded to only one party. Equitable distribution generally cannot be modified after the divorce is final. Know your rights, before getting divorced. Call an attorney now, to protect your rights.


Information referenced from the Florida Bar Consumer Pamphlet

Some divorces qualify for a flat rate, call Huott Law for free consultation and case evaluation to see if your case qualifies.

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Flat Rate Divorces Available

Both parents have a responsibility to support your children in accordance with their needs and your income. Some of the issues concerning child support which must be considered include: (a) the amount of support; (b) the method of payment; (c) ways to assure payments are made; (d) when child support may be increased or decreased; and (e) who claims the dependency deduction for tax purposes. Other questions may need to be answered, depending on the circumstances of your case. Guidelines for the amount of support apply to all cases and are based on the income of the parents and the number of children with adjustments for substantial overnight contact. 


If you have a problem getting support payments from your spouse or former spouse, or the time-sharing plan is not being followed, you should bring this matter to the attention of the court. It is not legal to withhold time sharing or child support payments because either parent fails to pay court ordered child support or violates the time-sharing schedule in the parenting plan. Call Huott Law to discuss your child support issues, whether initial determination or a modification of an existing child support case.


Information referenced from the Florida Bar Consumer Pamphlet