Now more than ever, bankruptcy won’t get rid of child support or alimony

On June 13, 2012, in General Family Law, by Brent Rose

Here’s my take on a recent story about a man who almost got away with not paying $180,000 in child support. Almost.

Relocation of kids in Florida – How far is 50 miles?

On May 14, 2012, in General Family Law, by Brent Rose

Most everyone knows by now that Florida law forbids the permanent relocation of children by more than 50 miles when the parents aren’t married (including divorced parents) unless the other parent agrees in writing or unless a court agrees. If a parent wishes to move children, even if the other parent lives out of state, […]

Can a babysitter, daycare worker, or teacher spank a child?

On May 10, 2012, in General Family Law, by Brent Rose

Personally, I don’t think kids have to be spanked to be disciplined, but that’s just me. I never spank my kids, and neither does their mother, from whom I’m divorced. But could anyone else spank them? It’s legal for babysitters to spank kids, but a parent can forbid it. Under the law, babysitters act “in […]

Modifying timeshare (custody and visitation) and asking for 50/50 split custody – bad idea

On May 7, 2012, in General Family Law, by Brent Rose

Custody cases and being pro se (without a lawyer) just don’t mix. I know we lawyers are expensive, but how much is your child’s future worth? Here is a classic mistake made by unrepresented parties when trying to modify timeshare (the more modern term for “custody” and/or “visitation”): asking for 50/50, split, or rotating timeshare. […]

The quick primer on durational and lump-sum alimony

On April 29, 2012, in General Family Law, by Brent Rose

Durational alimony is something like permanent alimony, except that it is given a limited duration, usually a set number of years. Permanent alimony usually lasts until the death, remarriage or cohabitation (under certain circumstances) of the recipient, and it’s what we normally think of when we think of alimony. Durational alimony is the same thing, […]

More on asset protection in divorce

On April 3, 2012, in Divorce, General Family Law, by Brent Rose

Lately I have had a few divorces where “family money” is involved. The issue in those cases is whether the family/nonmarital funds are commingled with marital funds thereby making them marital . Most of the time these situations are reactive, not proactive. We don’t do anything on them beforehand, so I have given some thought […]

Asset Protection in Divorce

On February 22, 2012, in Divorce, General Family Law, by Brent Rose

If  you are past your mid-thirties and going on your second marriage, it’s a pretty good idea to look at asset protection. Strangely, I get a lot of questions about asset protection from people who don’t have any assets and aren’t planning on marriage. Well, first, get the assets.  There’s not much point in speaking […]

A piece of the action: how much of your spouse’s injury settlement can you get in a divorce?

On January 2, 2012, in Divorce, General Family Law, by Brent Rose

There are a couple of ways that one can be entitled to a portion of the proceeds of spouse’s lawsuit or recover from a spouse’s negligence claim or malpractice injury in Florida.  One is that you could sue for “loss of consortium” (companionship, sex, etc.) because of the negligence.  But my friends who are medical […]

Yes, Virginia, there is Legal Separation in Florida

On January 2, 2012, in Alimony, Child Support, General Family Law, by Brent Rose

It goes by a couple of weird names (like “legally separate maintenance” or “support unconnected with dissolution”), but Legal Separation does exist in Florida.  I get so mad because I hear all the time, not only from clients but from other lawyers, about how Florida doesn’t have legal separation.  I was even at a family […]

Move to Florida and Pay Alimony

On December 13, 2011, in Alimony, by Scott Orsini

I recently had a discussion with a mediator of many years’ experience, and he told me that many large companies don’t see Florida as a business friendly state due to the fact that spouses can get permanent alimony. That’s right; there are other states where spouses in long term marriage can no longer get alimony. He […]

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