About Our Firm

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Since 1997 we are Tampa attorneys practicing exclusively in Divorce, Family, Adoption, Bankruptcy & Mediation Services: practicing in Tampa, Riverview, Brandon, Valrico, Lithia and all of Hillsborough County as well as for bankruptcy in all counties in the Tampa Division of the Middle District of Florda: Hillsborough, Pinellas, Manatee, Sarasota, Hardee, Hernando, Polk, and Pasco Counties. Our lawyers have experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions, and name changes. We offer a free consultation and we are happy to discuss your case. Call or email to schedule a consult. Our representation of our clients reflects our dedication to them.

Wednesday, July 14, 2010

Making Home Affordable - FAQs

This site gives information on the Making Home Affordable Program. This is an effort to get the economy and the housing market back on track. Preventing foreclosures benefits all of us.http://www.familymaritallaw.com

Making Home Affordable - FAQs

Friday, July 9, 2010

MySolutionSpot.com - Business Law | Easy way to reform bankruptcy and stimulate the economy

Bankruptcy and foreclosure is at an all time high. You are not stigmatized if you go through bankruptcy. Bankruptcy does help to stimulate the economy as funds that were used to pay medical bills, credit card, and other unsecured debt, can now be spent on living expenses and necessities. Furthermore, discharging unsecured debt can enable you to pay your mortgage, reducing the number of foreclosures and helping the housing market. It's a circle.

MySolutionSpot.com - Business Law Easy way to reform bankruptcy and stimulate the economy

Alimony Revision in Florida Effective July 1, 2010 - Part 2

The new alimony law requires a finding that there is a need for the alimony, otherwise known as support or maintenance, and that the other party has the ability to pay. Once this is determined, then the court will look at the following factors to determine the type and amount of alimony to award (FL Statutes 61.08):

1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age and the physical and emotional condition of each party.
4. The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
5. The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
7. The responsibilities each party will have with regard to any minor children they have in common.
8. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
9. All sources of income available to either party, including income available to either party through investments of any asset held by that party.
10. Any other factor necessary to do equity and justice between the parties.

A synopsis of the types of alimony:
  • Bridge the gap alimony: assists a party with identifiable short-term needs and may not exceed 2 years. It terminates upon the death of either party and it is non-modifiable in duration or amount.
  • Rehabilitative alimony: assists a party to establish the capacity for self-support. There must be a defined rehabilitative plan. It can be modified or terminated if there is a substantial change in circumstances, or non-compliance or completion of the plan.
  • Durational alimony: This is a new category of alimony implemented when permanent periodic alimony is not appropriate. It provides financial assistance for a set period of time following a short or moderate term marriage (see Part 1 of this series). It terminates upon the death of either party or upon remarriage of the party receiving the alimony. The amount of the award can be modified upon a showing of a substantial change of circumstances; however, the length of the award may only be modified under exceptional circumstances and it cannot exceed the length of the marriage.
  • Permanent periodic alimony (paid monthly for the remainder of the payee's life): This is usually awarded after a long term marriage, although it can be awarded after a moderate term marriage if appropriate considering the factors listed above, and after a short term marriage, if there are exceptional circumstances, i.e., the payee becomes permanently disabled during the marriage and can no longer work. It terminates upon the death of either party or upon the remarriage of the payee. It may modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship as defined in FL Statutes s. 61.14.
  • Lump sum alimony: In any alimony award, the court may order monthly periodic payments or lump sum payments or any combination thereof.
http://www.familymaritallaw.com/

Tuesday, July 6, 2010

Alimony Revision in Florida Effective July 1, 2010 - Part 1

Effective July, 1, 2010, the Florida Statutes regarding alimony have been revised substantially. Officially, the types of alimony have been committed to statute: bridge the gap, rehabilitative, durational, permanent or any combination of these forms. In addition, it is clarified that adultery of either party and the circumstances thereof can be considered by the court to determine the amount of the award.

To award support, first there must be a specific finding by the court that there is an actual need for alimony and whether the other party has the ability to pay it. If there is a finding that there is an actual need for and the ability to pay alimony, then the court considers a list of relevant factors to determine the proper type and amount of alimony, as well as any other factor necessary to do equity and justice between the parties.

The revised statutes clearly name and define the time periods of a marriage: A short term marriage is less than 7 years, a moderate term marriage is greater than 7 years and less than 17 years, and a long term marriage is 17 years or greater. Note that year 7 is not accounted for in the revision, but I assume that it will probably be included as a short term marriage. In addition, for the purpose of awarding alimony, the length of the marriage is defined as from the date of marriage through the date of filing an action for divorce.

www.familymaritallaw.com

Thursday, July 1, 2010

Initiating a Short Sale

A short sale can be initiated anytime you are unable to pay your mortgage and the home is headed for foreclosure. If you are filing for bankruptcy, a short sale can be accomplished during a bankruptcy if the automatic stay has been lifted as to the lender, or when the bankruptcy has been discharged. A short sale may even be accomplished after a Final Judgment of Foreclosure if it occurs prior to the auction sale. If so, then the Final Judgment judgment is vacated and per the FCRA the foreclosure cannot appear on your credit report.

Lenders do not have to agree to a short sale; however, the lender will usually prefer a short sale to a foreclosure if the lender believes it will receive more from the short sale than from a foreclosure sale. In addition, even if the lender may obtain less, a short sale may be quicker for the lender than a foreclosure, which will allow the lender to obtain funds for the home earlier -- and that is beneficial. Go to the following link for more information www.familymaritallaw.com/CM/bankruptcy/short-sale-vs-foreclosure.asp