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Waiting to Sell the Marital Home Until Years After the Divorce is Finalized

If you are considering waiting to sell the home until years after the divorce, the language in the agreement or final judgment must be extraordinarily clear as to how all expenses will be split and who will receive credit for those expenses upon the sale of the marital home. ...

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What are the Tax Consequences of Alimony in Florida?

orlando florida alimony lawyers

Effective January 1, 2019, alimony will no longer be tax deductible to the person paying the alimony and taxable as income to the recipient. The individual paying alimony will no longer receive an off the top deduction. Alimony will become much more expensive for the individual that is required to pay the alimony. However, alimony will no longer be counted as income to the spouse that is receiving the alimony. The new alimony tax laws only apply to divorce finalized after January 1, 2019. The bill is not retroactive and will not impact current alimony agreements. Read more about the...

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Can Social Media be used as Evidence in Florida Courts

What does this mean in terms of your social media posts or posts that you are tagged in or mentioned in? Social media posts could potentially be used in dissolution of marriages, family law cases, civil cases, personal injury cases, auto accident cases, and criminal cases. ...

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Foreclosure Defense Update – Bank cannot Collect on Payments Missed

The Florida Supreme Court previously held that a lender was not precluded by the five-year statute of limitations from filing a foreclosure action, as long as the alleged subsequent default occurred within five years. However, the Florida Supreme Court failed to expand upon whether the lender is able to collect the payments missed outside of the five-year statute of limitations. In a recent Fifth District Court of Appeal case, the appellate court held that the lender is prohibited from collecting payments missed more than five years prior to the filing of the foreclosure action. ...

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When may a court terminate visitation rights?

When the safety or welfare of a minor child is at risk, a court may need to terminate visitations rights. However, a court must follow very strict procedures to do so, even when it must be done on an emergency basis. Although termination of visitation rights is disfavored, the trial court has discretion to restrict or deny visitation when necessary to protect the welfare of the children....

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