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family law Archives

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.

Family law negotiations do not have to be adversarial

Florida domestic relations procedures are similar to those that are implemented in most of the other states. Although one may have a family law attorney leading the negotiations for a divorce settlement, the client must understand the basics and participate in the process to obtain a successful result. In current practice, where the spouses agree, it may be possible to engage in a mediation or other collaborative law procedure as opposed to a contested divorce.

DEFINING "ALIMONY" FOR THE PURPOSE OF FILING YOUR TAX RETURN

Well it 's here again. The 2015 tax season is upon us. Some folks have already filed and received their return. Other's (like me) are in the midst of gathering the information needed to prepare and file their 2015 Tax Return. Whether you prepare and file your return on your own, or use a professional tax preparer, the process can be overwhelming.

"Military Divorce" what exactly does that mean?

Living in an area rich with military bases, it's no wonder you will find many family law attorneys advertising their ability to handle your "military divorce." But what exactly does that mean? As the wife of a retired Naval Officer who served 30 years (both as enlisted and commissioned officer) and a family law attorney, I can tell you that your benefits are very limited if you haven't met the 20/20/20 rule. In fact, the best way to explain your "military divorce benefits," is to say they simply don't exist unless you meet the 20/20/20 rule. So let me break that down quickly for you below.

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