La'Rae H. Hendrix P.A.

family law Archives

Family law separation should accomplish a clean break

In Florida and elsewhere, it is not unusual for a couple that intends to divorce to remain living together in the marital home, sometimes on an indefinite basis.  Although at least one of the spouses has stated that he or she does not want to be married anymore, that person takes no action and the situation devolves into one of indecision and lack of momentum. With any hint of this kind of a scenario, a spouse should schedule a consultation with an experienced family law attorney.

Family law: Custody conflicts may be resolved through mediation

Whether residing in Florida or another state, celebrities have an especially challenging task in raising their minor children. The family law challenge is increased substantially when a celebrity couple have divorced and are trying to work out child custody and visitation issues on their own. They may in that circumstance turn to mediation to try and find a resolution of their conflicts.

Family law: Planning the school year helps children and parents

When a divorced couple in Florida has minor children, many challenges may continue for them after the divorce is final. With two households, the normal needs and complexities of the new school year may bring stress and worry to the former spouses. But there is a benefit to the experience because a plan for goals and responsibilities can be established, giving each family member direction and a sense of organization going forward. Family law courts readily support and encourage such cooperative parenting plans that give the children a sense of continuity and extra security.

Family law landscape foresees changes due to new tax laws

Residents of Florida and throughout the country will face changes in the tax laws in 2018 and thereafter under the Tax Cuts and Jobs Act of 2017. The most notable change will be the elimination of the deduction for paying alimony to a former spouse under a divorce settlement. There are also other changes that a person will have to discuss with a financial advisor where desired and with one's family law attorney prior to beginning negotiations.

Family law outcomes must support a woman's special needs

Recent studies have reported how women may be more financially challenged by a divorce than men. This may be even more true in Florida where the family law demographics involving 'gray' divorces tend toward more women being risk intolerant in comparison to older men. A study at a major university recently concluded that women generally struggle with financial decisions more than men.

Family law divorce negotiations face changing tax rules in 2019

The Tax Reform Act of 2017 contains changes for Florida residents who obtain a divorce after the end of 2018. At that time, the federal rule that makes alimony taxable as earned income to the recipient and a deduction to the payer will be eliminated. The new rule for family law practitioners to contend with will simply abolish the deduction to payers and eliminate the income requirement to recipients.

Family law: Married women must participate in family finances

A trend in divorce law in Florida and other states is becoming apparent. A report released by a global wealth management company confirms a general perception that about 56 percent of married women leave financial planning tasks to their husbands. The result is that they are at a disadvantage in the event of a separation and divorce. Given that middle-age divorces have doubled in past several decades, the effect on divorce settlements in the family law arena has been significant and many divorced women today may be suffering the consequences.

Family law options include mediation for negotiating an agreement

In Florida and nationwide, collaborative law is increasingly becoming a part of the fabric of legal practice, including in the process of negotiating a divorce settlement. Many family law attorneys now embrace the use of mediation for their clients. In general, many divorcing couples who choose mediation have an improved chance of obtaining an enduring agreement for less cost. One word of caution: whether mediation is the right strategy in a particular case is something to be discussed thoroughly with one's divorce attorney prior to going in that direction.

Father flaunts family law rules, stalks mother over child custody

Child custody and/or visitation issues in Florida are often raised by the one or both parents in a divorce action. Sometimes, however, these matters can come up long after the parties are divorced or permanently separated. In family law, one constant principle of child custody is that the best interests of the children are the paramount consideration, and whenever there is a change of circumstances the subject can be raised by a parent or other party in interest.

New tax laws may change family law negotiations dramatically

Change sometimes has a delayed reaction during which people react against new rules or ways of doing things. For many years, the normal standards in tax negotiations between divorcing couples in Florida and nationwide have included the basic premise that alimony is deductible to the payer and is income to the recipient. This has been the policy for so long that it may take some time for attorneys and clients to adjust their thinking about family law divorce negotiations.

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