high asset divorce in Florida

Divorce can be a stressful and frightening time, it is the end of a marriage. There is a lot at stake in the outcome. This is especially true for a high asset divorce in Florida. There are unique challenges to a divorce when the parties involved have a substantial amount net worth. In cases such as these, it is important to hire an attorney who knows the law and can understand complex financial investments. Additionally, you will want an attorney who has a good reputation with expert witnesses that can be used in your case, such as forensic accountants, auditors, appraisers, social investigators, and guardian ad litems. If you need assistance with a divorce matter contact us to speak with a high asset divorce attorney in Tampa.

Equitable Distribution for High Asset Divorce in Florida

Under Florida law, there must be an “equitable distribution” of the martial assets and liabilities. See Florida divorce law 61.075. The court will divide the marital assets and liabilities 50/50 between the couple unless there are factors that would make an equal split inequitable.

The first step in reviewing a case to determine the distribution of assets is to classify each asset and debt as either marital or separate property. Only marital property/ debt is subject to equitable distribution by a judge; separate property will remain the property of the spouse who owns it. Normally, this is a straightforward process; however, it can be very complex in a high asset divorce in Florida. Therefore, it is crucial to hire an attorney who is well versed in how a high asset divorces and can aggressively represent your interests.

Alimony in a High Asset Divorce in Florida

Alimony, which is also frequently referred to as maintenance or spousal support is payment from one ex-spouse to the other. The fundamental principal guiding an award of alimony is to alleviate the disparity in financial resources of the two parties. However, disparity in financial resources alone is not enough to justify an award for alimony. See Segall v. Segall. Instead, Florida family law courts look at one spouse’s ability to pay alimony vs the other spouse’s need for alimony. See Canakaris v. Canakaris. There is no standard formula to calculate alimony for in Florida. The high asset divorce attorney you hire can make a big difference on whether or not alimony is awarded.

Child Custody in a High Asset Divorce in Florida

In a divorce case where the couple shares minor children the law will require the parents to submit a parenting plan for court approval. The parenting plan outlines how the parents will share the  responsibilities and decision-making authority for the children. The parenting plan, must describe how the parents will share and be responsible for the daily tasks for the child. It will also specify the time children will spend with each parent, designate who will be responsible for any and all forms of health care, school-related matters, and other activities. It will also include the methods and technologies that the parents will use to communicate with the child.

If the two parents are unable to agree on the terms of the parenting plan the judge will step in and decide the terms for them. In cases such as these, it is vital to hire an attorney that can aggressively represent your interests. It is very difficult to change a parenting plan after it has been issued by a judge. You want to make sure you are happy with the parenting plan, as you may not be able to modify it in the future.

High Asset Divorce Law Firm in Tampa

A skilled divorce lawyer can make a big difference in a high asset divorce case. If you are contemplating filing for divorce or are already engaged in litigation call us to today to speak with a high asset divorce lawyer in Tampa. We have a lot of experience with complex financial investments and have a good rapport with many forensic accountants, auditors, appraisers, social investigators, and guardian ad litems. If you would like to speak with a divorce lawyer at our firm call us today at 800 990 7763. We are available to answer your call 24/7.

how long do I have to wait to file Chapter 13 again

If you are experiencing financial hardship Chapter 13 bankruptcy may provide some much-needed relief. Fortunately, Chapter 13 relief is not a once in a lifetime opportunity. We are commonly asked, how long do I have to wait to file Chapter 13 again? You can file for Chapter 13 many times, but there are time limits on refiling. If you need assistance to determine if you are eligible to file Chapter 13 again contact a Tampa bankruptcy attorney in your area.

Chapter 13 is when a consumer consolidates their existing debts into one monthly bill paid to a bankruptcy trustee. It is intended to help borrowers catch up on secured debt, such as a car loan or home mortgage. With Chapter 13 bankruptcy, you can lower payments, prevent foreclosure, eliminate debt, and stop a car from being repossessed. For more information on the possible advantages and disadvantages of Chapter 13 contact a bankruptcy attorney in your area. Many bankruptcy law firms will offer a free consultation to assist prospective clients.

How Long Do I Have to Wait to File Chapter 13 Again If I Filed Chapter 7 in the Past

If you previously filed Chapter 7 (or Chapter 11/12), you must wait 4 years from the date you received your  discharge before you can file Chapter 13.  See Bankruptcy law 11 U.S.C. § 1328.  If you previously filed Chapter 13, you must wait 2 years from the date you received your Chapter 13 discharge before you can file Chapter 13 again. For more information on Chapter 13 discharge click here.

How Long Do I Have to Wait to File Chapter 7 If I Filed Chapter 13 in the Past

If you previously filed Chapter 13 (or Chapter 12)  you must wait 6 years from the commencement date of your previous case to file Chapter 7.  See Bankruptcy Law 11.U.S.C. §727  Determining exactly how long you have to wait to file Chapter 7 if you filed Chapter 13 can be tricky because it is based on the commencement date.

The “Commencement date” is the day you filed your bankruptcy petition with the court.  For example, if you previously filed Chapter 13 on October 1, 2008, and want to file Chapter 7 again, then you would have to wait until October 1, 2016, or later to file your new Chapter 7 petition.  So, you would have to count back 8 years from the day you want to file Chapter 7 to determine if you have waited long enough since your last Chapter 7 case

However, there is an exception that may affect how long you have to wait to file Chapter 7. If you paid your previous Chapter 13 plan in full, or you paid 70% of your plan in good faith, you may not have to wait to file Chapter 7. A bankruptcy lawyer can help you determine whether or not you will have to wait the full 6 years to file Chapter 7.

Bankruptcy Law Firm

If you are having a difficult time meeting your financial obligations Florida Law Advisers, P.A. may be able to help. Florida Law Advisers, P.A. is a committed to providing personalized attention and dedicated legal counsel. Our Tampa bankruptcy lawyers have years of experience helping people just like you solve their financial problems and obtain a fresh start. For a free, confidential initial consultation contact us today at 800 990 7763.

 

alimony garnishment

Unfortunately, without a way to enforce it, judgements can sometimes feel like they are worthless.  However, Florida alimony law does provide for a variety of ways to enforce judgements, including garnishment. In garnishment cases, the funds go directly to a third party rather than their original recipient. Thus, alimony can be forwarded directly to the former spouse from the employer.  According to Florida Alimony Law §61.12, garnishment can be utilized to enforce marital support obligations including both alimony and child support. The process of obtaining the alimony garnishment can be complex; however, a divorce attorney in Tampa can help. If you are not receiving the alimony you are owed, contact a divorce lawyer in your area for assistance.

Florida Alimony Garnishments

A lot of myths circulate about garnishments for alimony orders.  Many people hear that only child support payments can be garnished from wages, but that is not the case.  Both forms of support are eligible for garnishment. Plus, it is not only wages:  for example, in Florida alimony garnishment case, City of Miami v. Spurrier, the court ruled that pensions could also be garnished for support.  Further, spendthrift trusts, which are specifically designed to protect the trustee’s assets from creditors, can be garnished to satisfy alimony payments.  See Florida alimony garnishment case,  Gilbert v. Gilbert.

Exceptions to Alimony Garnishments

Many people who are not experienced divorce lawyers may think that there is a “loophole” which allows anyone to get out of a garnishment order. It is true that there is a “Head of Household” defense to garnishment under Florida Statute §222.11, and about twenty years ago it was used to ensure that if a previous spouse who was ordered to pay alimony had dependents, the garnishment could be prevented.  However, the exception was revised to provide for alimony, regardless of head-of-household status some time ago.

Tampa Divorce Law Firm

Don’t rely on what happened when your friend, brother or sister attempted to enforce a provision for alimony.  Talk to an experienced divorce attorney in Tampa to help you determine what will work best in your individual circumstance. Florida Law Advisers, P.A. hasyears of experience in both advocating for and against a Florida alimony garnishment. Our divorce lawyers in Tampa know what factors are important to Florida family law judges and aggressively fight for our client’s rights. If you would like to speak with a divorce lawyer in Tampa call us today at 800 990 7763 to schedule a free consultation.

Learn more about Florida Rehabilitative AlimonyThe amount and duration of a Florida rehabilitative alimony award is determined on a case by case basis. Under Florida divorce law, the judge will first determine if one spouse has a need for rehabilitative alimony and if the other spouse is able to pay the alimony. If both of those factors are present the a Florida family law judge will then the court consider the factors in outlined Florida Statute 61.08.

Florida alimony law also allows for all other relevant factors to be considered when determining alimony. Therefore, the list provided is not the end of the story. If you need assistance with either receiving or preventing alimony contact a divorce lawyer for assistance. A divorce attorney in Tampa should be able to provide advice specific to your case and help develop a game plan to accomplish your goals.

What exactly is Florida Rehabilitative Alimony?

Florida Rehabilitative alimony is one of the many types of alimony that can be awarded in a divorce. Rehabilitative alimony is intended to provide financial support to a spouse until they are able to support themselves.  Rehabilitative alimony must have a specific plan in place that will allow the party receiving the alimony to be able to support themselves on their own once the plan has been successfully completed. See Florida alimony case Hill v. Hooten. Often, rehabilitative alimony plans will provide for the party to attend college to increase the chances of employment. A Florida family law judge must approve of the plan before the award of alimony can be granted.

The rehabilitative alimony plan can be based on the redevelopment of previous skills or credentials; or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. The end goal for the rehabilitative plan should be an increase in knowledge or skills, so that the party can sustain themselves.

Modifying Florida Rehabilitative Alimony

In any award of alimony, the court may grant periodic payments or payments in lump sum or both. Florida rehabilitative alimony may be modified or terminated if there is a substantial change in circumstances. Additionally, modification can occur upon noncompliance with the rehabilitative plan, or once the rehabilitative plan is completed. What is considered a “substantial change in circumstances” is determined based on the facts and circumstances of each individual case. For an example of a qualifying substantial change in circumstances see Antepenko v. Antepenko.

It is important to remember, that alimony and child support are different. Child support payments are to provide financial support for the necessities of the children. On the other hand, alimony is intended to provide the receiving spouse with the financial means to maintain the standard of living that he or she was accustomed to during the marriage.

Tampa Divorce and Alimony Law Firm

If you are contemplating filing for divorce or your spouse has already filed for divorce, call us today to speak with a Tampa divorce attorney at our firm. Our divorce lawyers in Tampa are skilled litigators with experience in all types of divorce matters, including Florida rehabilitative alimony. Our years of experience allows us to cater our services to each client’s specific needs. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help. Call us today at 800 990 7763 to schedule a free initial consultation with a divorce attorney in Tampa.

Tips on Florida alimony law

There are many factors that a judge may consider when determining if an award of Florida alimony is appropriate. If alimony is appropriate the court will then have to determine the amount to be paid and duration of payments. Regardless, alimony may not leave the one paying the alimony with significantly less net income than the net income of the recipient.

Florida alimony can be a very contentious and litigious aspect of a divorce, as the outcome may have a long lasting impact on each party’s finances. If you need assistance with a divorce or claim for alimony contact a Tampa divorce attorney to schedule a consultation. Each case is different, this article is for general purposes only, and is not advise for any specific case. A divorce attorney in Tampa should be able to provide advice specific to your case and help develop a game plan to accomplish your goals.

Calculating the amount and duration of Florida alimony?

The first step in an alimony case is to determine whether either party has an actual need for alimony. Then the judge must determine if the other party has an ability to pay alimony. If both of these two prongs are satisfied the judge will then determine the amount and duration of alimony.  The judge must consider all of the relevant factors and circumstances, including, but not limited to: (1) the standard of living established during the marriage, (2) the duration of the marriage (see Reeves v. Reeves), and (3) the age and the physical and emotional condition of each party. See Florida Statute 61.08.

Generally, there are four types of Florida alimony awards that a judge can choose from. There is bridge-the-gap alimony, permanent alimony, rehabilitative alimony, and durational alimony. A judge considers all circumstances of a case when determining the appropriate type, amount and duration of Florida alimony.

Divorce and Alimony Law Firm
If you are contemplating filing for divorce or your spouse has already filed for divorce, call us today to speak with a divorce attorney in Tampa at our firm. Our divorce lawyers in Tampa are skilled litigators with experience in all types of divorce cases. Our vast experience allows us to cater our services to each client’s specific situation and deliver top-notch legal representation. Whether a couple mutually agrees to the terms of a divorce or are engaged in fierce litigation, we can help. Call us today at 800 990 7763 or fill out the “free case review” form on our website.