The amount and duration of a 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 […]
There are many factors that a judge may consider when determining if an award of alimony is appropriate. If alimony is appropriate the court will then have to determine the amount of alimony to be paid and the duration of payments. Regardless, the award of alimony may not leave the one paying the alimony with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.
High student loans, housing costs, and medical expenses have caused many Americans to struggle financially. Luckily, there are options to help alleviate the burden and get a fresh start. Many of the options available to consumers will even stop a foreclosure sale and allow you to keep the home. If you are considering relief through bankruptcy or facing the possibility of foreclosure, it is important to speak with an experienced bankruptcy attorney to determine the best course action for you. To schedule a free consultation with a bankruptcy attorney in Tampa call us at 800 990 7763.
After your bankruptcy is complete and you receive your discharge, the bankruptcy filing will appear on your credit report. If you completed your Chapter 13 repayment plan, it may remain on your credit report for 7 years. Chapter 7 bankruptcy may remain on your credit report for 10 years. It is important to remember that although Chapter 7 and 13 allow you to start living your life with a clean slate financially (except for those non-dischargeable debts), they do not wipe your credit report clean. You should consult with a bankruptcy lawyer for assistance on rebuilding your credit. In many cases, a person’s credit score will actually be improved by filing for bankruptcy.
Child support and alimony receive nearly the greatest level of protection when you file bankruptcy. Although child support is considered “unsecured debt,” which is typically dischargeable, the Bankruptcy Code provides special treatment for this domestic obligation. See bankruptcy law 11 U.S.C. § 507(a). Child support and alimony will be the first of the unsecured claims to be paid among all your other unsecured creditors
A term you will often hear, whether you file Chapter 7 or Chapter 13 bankruptcy, is “exemption.” This is special protection that the Bankruptcy Code provides for a certain amount of value in your personal property. See 11 U.S.C. § 522. There are federal and state exemptions, and the state exemptions are different from state to state. The difference in federal and state exemptions is the dollar amount of certain pieces of property that are protected from becoming property of the bankruptcy estate.
automatic stay is in place. See bankruptcy law 11 U.S.C. § 362(a). In most cases, the automatic stay will remain in effect until your bankruptcy case is discharged. The automatic stay is available under both Chapter 7 and Chapter 13 bankruptcy. If you are unsure about which Chapter is right for you speak with a bankruptcy attorney in your area. Florida Law Advisers, P.A. offers a free initial consultation for bankruptcy clients, to speak with a bankruptcy lawyer in Tampa click here.
Generally, your Social Security benefits are protected under Chapter 7 and Chapter 13 bankruptcy, meaning that the funds belong to you and the trustee cannot take them. See bankruptcy law 11 U.S.C. 522. The monthly benefits that you receive in Social Security are exempt from being seized or garnished. However, it is important that, prior to filing bankruptcy, you keep your Social Security income in a separate bank account from your regular funds.
Alimony, which is also commonly referred to as maintenance or spousal support is payment from one ex-spouse to the other. The fundamental principal behind an award for alimony is the disparity in financial resources of the two parties. However, disparity in financial resources alone is not enough to justify an award for alimony.
Florida is a judicial foreclosure state, that means a party seeking to foreclose a home must go to court and receive approval from a judge before a home is sold at a foreclosure action. This includes not just banks, homeowners associations (HOA) must also go through the court process before foreclosing on a home located in Florida.
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