Sarasota Family Law And Criminal Defense Law Blog

Prenups appeal to millennials

Decades ago, most young people who got married who were not independently wealthy from family assets and resources eschewed the idea of signing prenuptial agreements before their weddings. But in recent years, millennials have made an about-face and are signing prenups far more frequently than those of their parents' generation.

In the past, those who sought prenups often were looked upon as romantic buzz-kills. How could one contemplate the demise of a marriage that had not yet even begun, was a common complaint. But it's apparent that this generation sees these premarital contracts as less of an affront and more of a protection for both parties.

Keeping a business safe during a divorce

A business owner in Florida who goes through a divorce might have to give an ex-spouse partial control of the enterprise. A divorce could even lead to the loss of the company. However, there are steps a person can take to reduce the likelihood that his or her business will be affected in a divorce.

One way to do this is with a prenuptial agreement. It can state that the business is to be considered separate property in the event of a divorce. However, there may be circumstances in which the company owner wants his or her spouse to get something from the business if they divorce. In this case, the prenup could state what percentage the spouse will receive. The advantage of putting this information in a prenup is that it allows a couple to negotiate when they are not dealing with the stress of divorce. If they are already married, they can create a postnuptial agreement.

What motorcyclists need to know about Florida laws

Florida's mild winters have long lured people from less temperate climates down to enjoy sunny days in the beachside communities up and down both of Florida's beautiful coastlines.

Our guests are welcome and a great boon to the thriving tourism industry, so we want to prevent bikers and other tourists from breaking Florida laws and winding up in jail.

Can child support obligations be terminated?

When parents in Florida face a financial crisis or problems with their former partner, they may wonder if they can terminate their child support obligations. In some cases, people may want to take action when an ex-spouse prevents visitation or interferes with the parent-child relationship. By withholding child support, they may hope to pressure their former partner to allow them time with the children. In other cases, people may simply be unable to fulfill their obligations due to disability, unemployment or other external factors.

However, it is generally very rare for child support to be terminated after being established. Family courts decouple child support and visitation, so refusing to pay child support is not an appropriate means of action when scheduled visitation or custody time is delayed or denied. Instead, parents who are being denied time with their children may consult with a family law attorney about going back to court. Family courts do not look favorably on attempts to undermine the parent-child relationship, and excluded parents may have a much better path toward contact with their children.

Child support payments after disability

When a Florida parent experiences a disability, it can have a serious effect on their family, including a financial impact on child support payments. Support payments are generally calculated on the basis of a statewide formula that is based on a parent's income. Depending on the parent's job, disability can lead to a serious loss of income and a change in lifestyle. Many disabled parents are suddenly no longer able to meet their child support obligations.

While disability does not eliminate a parent's obligation to pay child support, it can lead to changes in a parent's payments. Parents who cannot return to their original employment or must rely on disability benefits for income may return to family court to seek a modification of their child support obligation based on their current income rather than their pre-disability salary. Even parents with disability insurance may need to seek a support order modification because insurance payments are often significantly less than their regular income. In some cases, the modification may be temporary if the disability itself is temporary. In other cases, it could be permanent if the disability is also permanent.

Divorce mistakes to avoid

One of the mistakes divorcing couples in Florida should avoid is ignoring the tax implications of the decisions they make during the settlement process. Certain assets may have a current value, but that value can change when those assets undergo tax treatment in the future.

Another mistake to avoid during a divorce is not having all of the necessary financial paperwork on hand. As soon as a divorce seems a likely possibility, it is important to obtain the balances and account numbers of all financial accounts as well as Social Security statements that report the earnings of a spouse and any probable future benefits. Documentation regarding how much was paid for significant assets and major home improvements should also be gathered.

4 reasons you might need to modify the terms of your divorce

When the courts finalize your divorce, that means they set the official terms. However, there are many circumstances in which the courts will allow you to change the terms of your divorce. Generally speaking, asset division modifications are rare.

You will typically need to prove that your spouse hid assets or otherwise abused the asset division process in the initial proceedings in order to obtain a modification of the asset division ruling. However, when it comes to spousal support, child support or child custody, there are many situations in which a modification is possible. Four situations are typically the most common.

Why parents pay child support

When a child's parents have divorced, the noncustodial parent will typically make support payments to the custodial parent. The goal is to ensure that the needs of Florida children are taken care of. Generally speaking, the amount of a child support payment is based on state guidelines that take several factors into account.

Child support payments can be used for a variety of different purposes. For instance, they will likely be used to ensure that a child has adequate food, clothing and shelter. They can also be used to cover educational expenses as well as health care expenses. A noncustodial parent is generally required to help pay for summer camps or other reasonable incidental costs related to raising a son or daughter. Parents are not to use child support payments as a method of covering their own expenses.

Business owners may face difficult decisions during divorce

No two divorces are exactly alike, and each spouse faces unique challenges in order to reach a fair divorce settlement. For some couples with complex assets, divorce may affect many more people than themselves or their children, especially if one spouse is a business owner.

Despite the complex nature of a businesses, the law still considers them property that spouses may negotiate over, just like retirement accounts, real estate or vehicles. Many business-owning spouses worry that they simply cannot afford to divorce their spouse because the end of the marriage may also mean the end of the business.

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