What is Marital Property in Florida?

Florida is an equitable distribution state when it comes to divorce, which means the assets and liabilities of the couple are divided fairly, although not necessarily equally. One of the key concepts of property division in Florida divorces is that only marital property is divided, so it is important for anyone going through a divorce to understand what is considered marital property, and what the courts will deem as non-marital property. The distinctions are not always as clear as they sound, and it can often become confusing for divorcing couples.

Marital Property

Generally speaking, marital property is considered any property the couple acquired together during the marriage. However, there are other types of property the court may also deem as marital property during property division hearings. These include:

• Non-marital value that has appreciated in value: In some cases, a person may bring non-marital property into the marriage and the couple improves it or enhances it so it becomes greater in value. For example, one spouse may have a business of their own when they enter the marriage. During the marriage, both spouses work on the business to increase its value and so, it then becomes marital property.
• Spousal gifts: Spouses often give each other presents during the marriage and regardless of what funds were spent on it, these are typically considered marital property.
• Retirement savings: Retirement savings are some of the trickiest assets to divide during a divorce. Any savings that were accrued prior to the marriage are usually considered non-marital property. However, any additional funds or even interest collected on retirement savings are typically considered marital property.

Non-Marital Property

Non-marital property, also sometimes referred to as separate property, typically includes any assets or liabilities a spouse brought into the marriage. Again, there are exceptions to this and they include:

• Inheritances: When one spouse receives an inheritance from another family member, it is typically considered non-marital property, even if the spouse received it during the marriage.
• Income obtained from non-marital assets: The income derived from a non-marital asset, such as a separate rental property, is usually deemed to be non-marital property when the spouse has kept all income separate from marital funds.
• Assets included in a premarital agreement: As long as a premarital agreement is deemed fair by the courts, any assets included within the contract are considered non-marital property as the agreement dictates, regardless of their classification under Florida law.

Our Florida Family Lawyers will Protect What is Yours

Property division in Florida can quickly become confusing, as it is sometimes difficult to differentiate between marital and non-marital property. At All Family Law Group, our knowledgeable Tampa family law attorney will help determine what assets are yours, and what is subject to property division. We always work in the best interests of our clients and will fight to protect what is most valuable to you. Call us today at (813) 672-1900 to schedule a free consultation and to learn more about how we can help during your divorce. Se habla Español.

When Will Courts Hear Child Testimony in Family Law Cases?

Numerous studies have supported the finding that divorcenegatively affects many children. Certainly, the degree of the impact is likely related to the age of the child when the divorce occurs and the child’s ability to understand the situation, though it is hard to handle a parent divorcing at any age. However, once a child is old enough to have some capacity to grasp that his/her parents are no longer together, many will express an opinion about which parent they would prefer to live with primarily. There is no denying children are a central issue in divorce, and the outcome will unavoidably directly affect their life. Based on this situation, some parents, and sometimes the child him/herself, want the judge to take the child’s wishes into consideration. While a child’s input could provide the court with some valuable information, most judges tend to shy away from this situation because of the potential for a parent to influence the child’s statement, as well the possible detriment of being exposed to the legal process. However, children are permitted to testify in some cases, and teenagers, in particular, are more likely to be given a voice in child custody matters. Judges have complete discretion in deciding this matter, but there are some guidelines courts can use to assess whether child testimony is advisable. An overview of the circumstances that would make a court more likely to permit a child’s testimony, and a review of the guidelines courts can use to determine if a child’s testimony is appropriate, will follow below.

Allowing Child Testimony

Generally, courts will only seriously consider hearing a child’s testimony if it is the only way to get important evidence into the case. However, even with that standard, unless the child is at least 12 or 13 years old, the likelihood the court will allow the testimony is extremely small. Courts have a legitimate worry about the competency of the child to testify, which requires the child be of sufficient age and maturity to make independent decisions and understand the implications of what he/she is saying. Further, even if the child is viewed as sufficiently mature, situations of domestic violence where the child is the only witness are one of the few circumstances where a child’s testimony would be given due consideration. Older teenagers, though, are given more leeway to testify about custody issues since they usually have the ability to understand the legal process and separate themselves from the dynamics of their parent’s marriage.

Legal Guidelines

Florida does not have an established age range judges can use to guide their decisions on child testimony, but it does have a statute about evaluating motions for child involvement in civil cases. Any party or court-appointed advocate can make such a request, and the court is directed to look at:

• the child’s age;
• the type of case;
• the child’s relationship to the parties in the case, e., a child of parents involved in a family law matter; and
• how the child would be affected by providing testimony.

To minimize stress on the child, many judges will speak with the child directly and out of the presence of his/her parents, known as in camera, in hopes of reducing any pressure the child may feel to favor one parent over the other.

The best option, though, is to keep children out of family law cases as much as possible. Guardians ad litem or other court-appointed advocates can usually provide the same information, and save the child from the trauma of having to appear at a court proceeding, an option judges would likely support. The best stance to take on this issue is to assume the judge will not allow child involvement, which is by and large the case, and instead work with an attorney to find alternatives that can convey the same evidence.

Get Legal Advice

Divorce brings up a lot of emotions for everyone involved, and it is easy to become overwhelmed by the complexity of the legal process to end a marriage. Finding an experienced family law attorney that will listen and strongly advocate for your interests is the most effective way to move through the divorce process efficiently and reduce unnecessary stress. The Tampa Bay law firm All Family Law Group, P.A. strives to settle divorce cases amicably, but are well-prepared to present your interests in court.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Weighing Annulment vs. Divorce

When couples contemplate ending a marriage, rarely does the thought of asking for annulment, instead of divorce, occur to them. While most people have some vague idea of what annulment means, many associate it with a religious procedure intended to erase the marriage. Religious-based annulments certainly exist, but are wholly separate from the civil process that goes under the same name. The key difference between divorce and annulment is that an annulled marriage is treated as if it never existed, and a divorce simply dissolves a legally-valid union. People do opt for a civil annulment for religious reasons, but also seek this alternative to divorce to avoid extending certain benefits that former spouses are entitled to in divorce, such as property distribution. Compared to divorce, annulment is a complicated and more costly procedure that brings no guarantee a court will grant it. That being said, it may be the right choice in certain situations, and understanding how the law and courts treat these kinds of requests will allow individuals considering whether to end their relationship to make an informed decision.

Grounds for Annulment

One important point to understand about annulment is that, unlike divorce, there are no statutes addressing this subject. Thus, all the law on this issue is based on past court decisions, which means judges have wide discretion in deciding annulment cases, and the outcomes are very uncertain. However, looking at past judicial trends, certain claims for annulment are more likely to be accepted than others, including:

• The marriage was a sham or fraudulent. This occurs if one party agrees to marry to gain a certain benefit, such as immigration status, public benefits, health insurance or greed. To claim a marriage is fraudulent requires one spouse to be innocent of the other party’s motives, and usually requires the marriage to fail shortly after its creation.
• There was no consummation. If consummation of the marriage did not occur, courts have accepted this reason to justify annulment, but it must be sought relatively early to have any chance of succeeding. Waiting years to annul a marriage is likely to preclude this option.
• The marriage was illegal from the start. Illegality of a marriage can be based on age, one party being already married, or the incapacity of a spouse at the time of the marriage. In this situation, courts are likely to grant an annulment because the marriage was never valid. The more compelling the evidence, the easier it is to convince a judge the marriage should never have taken place.

Spousal Rights

Marriage confers specific rights on both spouses that make a significant difference in divorce. The rights of a party in a divorce are spelled out in Florida statutory law, but annulment, as mentioned above, has no set laws governing its application. From a practical standpoint, courts can and will divide property in an annulment proceeding since there is likely to be some commingling of property, but the court is not required to use a particular standard to decide which party gets what. Consequently, if possible, it is best for the parties to form an agreement on property division privately so there is more control over the outcome. In addition, Florida law automatically dissolves certain trusts, insurance beneficiary designations, and provisions in wills as an aftereffect of divorce. Annulment typically brings the same type of effect, but an experienced family law attorney should be consulted to ensure the financial aspects of the annulment are handled properly.

Talk to a Florida Family Law Attorney

Making the decision to end your marriage is never easy, but working with a family law/divorce attorney can make the process more manageable. The Tampa Bay law firm All Family Law Group, P.A. understands how overwhelming this transition can be, and will work to keep you informed about the legal process and options.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

You Keep the Car - I Want the Cat: Divorce in Florida

Divorcing couples may expect a fight over who gets the car, the house, or custody of the kids–but do they expect a fight over Fido?

With more and more Americans viewing their fluffy friends as family members, it should come as no surprise that their squabbles over who gets to keep the cat are ending up in family court. But family law courts don’t always see animals the way that their owners see them. Pet owners must understand how the courts view animal custody, and learn how they can prepare themselves for a dispute.

The Current State of the Law

           

In many states across the country, including Florida, animals in divorce cases are seen as objects. Like toasters, silverware, and other inanimate objects, deciding who gets to keep a pet is seen as a matter of distributing personal property, not one of determining custody and visitation rights.

           

This view, which could potentially be traced to the days when animals were means of production and not companions, was cemented by the 1995 Florida case Bennett v. Bennett. When the couple divorced, they found themselves with one major problem: who would get custody of the family dog, Roddy. The trial court set a visitation schedule that elicited yet more legal wrangling between the parties. The case eventually wound its way to the appellate court, who dealt with the issue in just a few paragraphs. “While a dog may be considered by many to be a member of the family,” the court said, “under Florida law, animals are considered to be personal property.” It went on to hold that the trial court had “no authority” to grant visitation rights for personal property, and concluded that “Our courts are overwhelmed with the supervision of custody, visitation, and support matters related to the protection of our children. We cannot undertake the same responsibility as to animals.”

What to Do if You’re Concerned About Pet Custody

           

Despite the precedent set by Bennett, some courts are starting to acknowledge that a person’s relationship with their beloved pet is more complicated than their relationship with their vacuum cleaner. Pet owners who are concerned about what will happen to their animal when they divorce now have a chance of convincing a judge to order custody.

           

If you’re involved in an animal custody dispute, think first about who bought or adopted your pet. Because courts have traditionally seen animals as personal property, they may be more likely to award custody to the animal’s purchaser.

           

Regardless of whether you bought or adopted the pet, you should be prepared to show the judge that you are its primary caregiver and that it is in the animal’s best interests to remain in your custody. Gather evidence that you are the one who exercises the pet, feeds it, takes it to the vet and pays the bills for its care. Ask friends and neighbors for affidavits that demonstrate the animal’s bond to you. If your pet has ever shown signs of distress when you’ve been away from it for a significant time, present that evidence in court as well.

           

Finally, make it clear to the court that your concern is for the animal, and not for revenge. A judge will not look kindly on a person who never showed any interest in the family dog until they realized how much losing the animal would hurt their soon-to-be-ex spouse.

Talk to a Tampa Bay Family Law Attorney

           

If you’re going through a divorce or separation and are worried about what could happen to your animals, contact a Tampa family law attorney. Pet custody is a new and uncharted area of the law, but an attorney will be in the best position to understand the developments and present your case. Contact our Experienced  Attorneys & Counselors at Law since 1997 Serving all of Tampa Bay. Call 813-672-1900 now for a free initial consultation www.familymaritallaw.com.

By Lynette Silon-Laguna Google

Use of Annuities to Improve How Alimony Works

All Family Law Group, P.A., is collaborating with The Planning Partners* to help our divorcing clients to improve their chances for an alimony settlement beneficial to both parties.  Annuity contracts can provide a combination of either more benefits for the same money or at less cost for the same benefits and they can deal with most contingencies alimony agreements include.

Some of the benefits of having an annuity as opposed to providing alimony payments are as follows:

• The receiving spouse has a certainty of payment as a highly regulated insurance or annuity company provides the payments.  
• There is no necessity of having to motion the court for enforcement of the alimony provisions of a Final Judgment if the ordered or agreed upon payments are not made.
• The payor does not have to make payments or have the payments deducted from his or her income through an income deduction order.
•  If the payor's income goes down because of reduced income from employment, illness, or he or she retires or dies, the annuity payments will remain the same for the former spouse and the payor will not have to seek a reduction modification through the court of the alimony he or she is paying.  Alimony normally terminates upon the death of the payor.  
• Annuities allow the opportunity to obtain more benefits for the same amount of money or to save money to provide the same benefits agreed upon.  This occurs because insurance and annuity contracts provide for interest and other benefits that creates amounts in addition to the principal payment to be paid to the receiving spouse.
• The spouse may receive income for terms of 5, 10, or 20 years, for example, or income for life.  However, the amount received will be more the shorter the term of payment.
• Annuity contracts are exempt from creditors in the event of a bankruptcy, which means that all of the funds survive a bankruptcy.
• Income taxes are deferred on the build-up of interest income in a deferred indexed annuity, including the new 3.8% Medicare Tax on passive income, if applicable.

Annuities are divided between "immediate" annuities and "deferred" annuities. The immediate annuities start paying an income right away. Deferred annuities allow the growth of principal deposits inside the contract. In the future, the deferred annuities become like immediate annuities providing income from the higher Retirement Fund balance that has grown tax deferred over the years.

There is so much more information to be had on annuities and their benefits in a divorce where alimony or other assets are involved. Call us at 813-672-1900 or contact us by email, if you would like more information on how annuities can work for you if you are going through a divorce or otherwise.  

*To offer insurance and annuity products I have arranged a strategic relationship with two very experienced estate planners. Rick D. Miller, CLU, ChFC, RHU and Scott F. Barnett, J.D., LL.M. (Taxation) have a combined 70 years of experience in the field.  They have organized THE PLANNING PARTNERS to offer professional level services to individuals, families, and closely held businesses.  Rick and Scott have taken the Collaborative Law Training Seminar and Scott is now a Certified Divorce Financial Analyst. 

By Lynette Silon-Laguna

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Is an Income Deduction Order transferable to another employer?

Question from AVVO.com:

She quit her last job as a paralegal for a personal injury lawyer to get out of the Income Withholding order. The income withholding order was just done couple months ago with the employers name on it. Can I send that to the new employer even if there name is not on it. She is working for another personal injury lawyer. I don't have much money since I have to take care of whats important first for my daughter which is 3 to even pay for a lawyer to set things right. In the divorce its states she is to pay for health insurance, half of the medical expense and half daycare.

My Answer:

Even though it has the specific name of her prior employer, there is language in the Order which will make it applicable to future employers. You will have to send a copy of the Income Deduction Order to her new employer and send it certified mail/return receipt requested so that you have proof that it was received. It also must be a Certified copy which you can obtain from the clerk. 

You also mentioned that she is to pay for health insurance, half of the medical expenses and half of the daycare expense. I assume this is in your marital settlement agreement and/or final judgment that she is to do so. If she is not doing this, then your only option is to proceed with a motion to enforce the final judgment and schedule a hearing on it. A mediation may be required prior to a hearing. Also, if you attend a hearing you will need to provide proof as to the health insurance, medical and daycare expenses that you have paid and of which she should have paid all or half.

By Lynette Silon-Laguna
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What if a house that my wife and I own is not included in the divorce?

When people are married and they purchase a house together, the house is automatically titled as tenants in the entirety, which means that each party owns the entire house and this is referred to as an undivided interest in the property.  Both have the right to occupy it and use the property and they each have a right of survivorship, so if one of the parties dies then the property would automatically pass in its whole to the other party without the necessity of probate.  In addition, creditors of one spouse cannot force a sale of the property to collect a debt.  Note also that if the house is homestead the creditors cannot force a sale of the property.

When the parties obtain a divorce, normally the marital settlement agreement will include provisions on how the house is to be distributed between the parties and who will be responsible for the mortgage or that the mortgage will be refinanced, etc..  If the property is not included in the marital settlement agreement and the divorce is final, the the parties will continue to own the house together; however, it will become owned as tenancy in common.  This is a type of ownership where each party owns a share of the whole of the property.  In this case, each spouse would own one half of it and this half can be sold to another or if one of the parties dies then that party's one half share will be subject to inheritance laws.  In addition, each party will have the right to full access to occupy the home.  If the parties have a mortgage on the property, then each will continue to be responsible for payment on it and if one party does not pay their share of the mortgage, the other will be responsible for paying it.  There will be no recourse in the divorce court after the marriage is finalized if the parties do not include it in the divorce.

Therefore, in short, if you own a home and you are married, unless you provide for it in the divorce, then both the wife and husband will continue to own it as tenants in common as explained in the paragraph above.

By Lynette Silon-Laguna

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Question: I bought my house 5 mos before I got married, now 18 years later I want to get a divorce, is my husband entitled to 1/2 of house -the house is payed for, and I am divorcing him because he is an alcoholic and spends all his money on drinking - I always bought everything that was needed for the house?

In a divorce, one of the more difficult areas for divorce attorneys may be determining the distribution of the parties' assets.  First it must be determined what assets are non-marital.  Normally, if an asset is purchased prior to the marriage then it would be considered premarital property and the party who purchased it prior to the marriage will receive it, except as stated in Fla. Statute § 61.075 (6)(a)1.b.: "The enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both."

In this case, the purchase of a house prior to marriage would make it non-marital, unless the value and appreciation of the house has resulted from either the contribution or expenditure of marital funds.  For example, the payment of the mortgage from marital funds would mean that the increase in value due to the payments would be marital and subject to division in the divorce.  Fla. Statute § 61.075(6)(a)1.a. defines marital assets and liabilities as those acquired or incurred during the marriage, individually by either spouse or the spouses jointly. So any income, assets that you acquired individually during the marriage are considered marital and likewise for your husband.  Furthermore, if marital funds are used to enhance the value of the house, then the appreciated value would be subject to division.  In addition, if the value of the property increases due to the efforts (i.e. physical) of either party during the marriage than that increase is subject to division.  Note that it is only the appreciation of value which is subject to distribution.  The remainder of the equity in the home would remain with the party who purchased the home prior to marriage.

The court in determining distribution of marital assets and debts begins with the premise that they should be equally divided between the parties; however, the court also looks at the factors listed in Fla. Statute § 61.075(1) to determine if an unequal distribution is required.  You say in your question that you have always bought everything that was needed for the house.  Therefore, it is necessary to  determine whether one of the factors in § 61.075(1) will apply under your circumstances, so that you may obtain a larger division of the marital assets.  It would be beneficial to contact a knowledgeable divorce attorney who can help you get the best division of your assets considering all of the circumstances involved.

Visit our website for more information on property and debt distribution in divorce.

By Lynette Silon-Laguna

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The Divorce Process in a Nutshell

The length and what is involved in the divorce process depends upon the parties involved.  Furthermore, if you or your husband or wife is in the military, there may be issues involved such as military retirement, special residency requirements, requirements of service on an active duty spouse. There are those who can agree on a settlement of their issues and so obtaining a divorce is uncontested. Sometimes the parties can enter into an agreement and file it with the petition for divorce.  Or in the alternative, he or she can file the petition with the court and serve the other party with it by process server, who will have 20 days to respond.  Furthermore, if the other party is agreeable he or she can accept service of the petition, rather than being served by a process server.  Upon filing the petition, the court will order that the parties attend a Case Management Conference which is scheduled for 90 days after the petition is filed.  This is a hearing which is essentially a status conference, so that the judge knows what is happening in a case and what needs to be done in it.

Hammering out a divorce agreement!

Even if the parties can come to an agreement, there are still forms which must be completed, some of which are filed with the petition and some are filed prior to the final hearing.  There is mandatory disclosure which is required of both parties; however, they can agree to waive it.  It is required that each party file a Financial Affidavit and this requirement cannot be waived.  If there are children involved, then it is mandatory that a Parenting Plan signed by the parents and a Child Support Guidelines Worksheet be filed.  Child support is mandatory because family law looks at it as it is for the child and cannot be waived by the parents.  

If a marital settlement agreement is not filed with the petition, then the husband and wife will have to come to an agreement thereafter and file it with the court.  If they have attorneys helping them with their divorce, then the attorneys can put the agreement together and the parties will sign it.  If an agreement is reached and  filed, then the parties can proceed to an uncontested final hearing or the final hearing can occur at the Case Management Conference.  At that time, the judge in the case will enter a final judgment which will incorporate all of the terms in the agreement.  It will thereafter be enforceable by the court.

If the parties cannot come to an agreement, then in Hillsborough County, mediation is required prior to the case being heard by the judge.  Mediation can be either through the county or private mediation.  Private mediation may be more costly; however, it can be scheduled earlier in the process, as it usually takes two to three months to schedule a mediation with the county.  Another plus to private mediation is that there is no time limit on the length of the mediation, whereas, county mediation is limited to two hours.  If the case is uncomplicated, then county mediation may be sufficient; however, for more complicated cases it is worth the additional expense to attend private mediation as the parties have more time to settle and are more likely to settle some or all of the issues .  If an agreement is reached, the mediator will prepare the agreement for the parties to sign.  It will then be filed with the court and a final uncontested  hearing will be scheduled.  The final judgment will incorporate the terms of the mediation agreement.

A trial date will be scheduled for resolution of all or the remaining issues if the parties cannot come to an agreement at mediation. This will be a contested divorce action. The parties may also need to attend a temporary relief hearing if there are issues such as child support, child custody and timesharing, alimony and property division, which need immediate resolution.  Trial dates may be scheduled for three months or more after mediation.  The parties will attend the trial with their attorneys and each will present testimony and evidence to support their position.  The judge will take it into consideration and he or she will come to a decision at the trial or more often weeks after the trial date.

It is very costly both financially and emotionally to prepare for and attend trial.  Furthermore, neither party may be happy with the court’s decision.  Therefore, if at all possible, it is advisable to come to an agreement which requires that the parties compromise and understand that it may not be possible to receive everything requested.

By Lynette Silon-Laguna

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Financial Hardship and Bankruptcy: Don't use exempt from creditor assets to pay current debts.

Financial hardship can occur at anytime. No matter how secure your financial situation may presently be, you never know what the future may bring. Job security is an oxymoron. Your position may become outdated because of new technology, your position may be outsourced overseas, or the company you work for may suffer its own financial hardship and either liquidate or reorganize. If you are able to retain your position in the latter circumstance, you may receive a decrease in salary. The same applies if you are an entrepreneur and you are self-employed, which does give you somewhat more control over your destiny.  In addition, divorce can be extremely detrimental to your financial circumstances.

Once a job loss or self-employment income loss occurs, then it is very easy to start spiraling into a financial abyss. You have acquired a certain standard of living and debts to be paid, including essentials such as your rent or mortgage, car loans, food, utilities, etc. When you don’t have the funds to pay your debts then you may use your credit cards for current living expenses and payment of your essential debts, thus incurring more debt that cannot be repaid. Once you miss or are late paying a credit card payment, then you will incur late fees and if you continue to miss or are late on your payments your interest rate will increase astronomically resulting in your debt increasing exponentially, until there is no hope to pay it off.

Or instead of or in addition to using your credit cards to pay for your living expenses and debts, some debtors will take funds from assets that would be exempt in a bankruptcy and pay their essential debts such as the mortgage or rent, car loans, as well as unsecured credit card debt or other unsecured debt such as medical bills, so that they don’t fall behind. Examples of reducing exempt property to pay debts are obtaining second mortgages on homes where they reside, taking funds from retirement accounts and paying taxes and possibly penalties, or taking all or part of the cash value of a life insurance policy. Depending on your age or other cirecumstances, this can be disastrous to use funds that you need for retirement to pay current living expenses and unsecured debt.

Unfortunately, this occurs to many people who are devastated because they cannot pay their debts, although that they cannot do so most often is no fault of their own. It is important to know prior to this occurring how to protect and keep your property if you must file for bankruptcy. In short, do not use up assets that will be exempt in bankruptcy to pay your unsecured debt. Or do not pay off any secured debt which will make it a non-exempt asset. In example, do not pay off your vehicle. Either keep a loan that you have on it or get a loan on it. There has been a U.S. Supreme Court ruling in Ransom v. FIA Card Services decided January 11, 2011, that in short sets the precedence that a debtor who does not make a loan or lease payment may not take the car-ownership deduction in Paragraph 23 and 24 of the means test; however, the debtor may deduct the operating expenses in 22A. This may drastically change whether you will pass the means test and be eligible for a Chapter 7 bankruptcy, rather than a Chapter 13 bankruptcy,

If your credit score has been demolished by unpaid bills, you have nothing to lose by filing bankruptcy. In actuality, bankruptcy is a new beginning and if you qualify, chapter 7 will wipe out all or most of your debts and often times you will be able to obtain credit again shortly after your discharge. Most bad consumer debt will remain on your credit report for 7 years whether paid or not, while paid or unpaid judgments may remain on your credit report for 7 years or longer depending on state law. Lenders are less likely to lend to you with bad credit, then to lend to you after a bankruptcy.

Chapter 13 is available for those who do not qualify for a Chapter 7 bankruptcy, although there is a 60 month plan period.  This Chapter does have benefits that are not available in a Chapter 7 such as the ability to pay arrearages for secured property loans during the plan and preventing a foreclosure or repossesion of a vehicle. 

Call us today at (813) 672-1900 to schedule a free consultation to discover your options.  Visit our website at www.familymaritallaw.com for more information. 

By: Lynette Silon-Laguna Google+

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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.

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