31 August

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What are the Tax Consequences of Alimony in Florida?

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...

23 April

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When may a court terminate visitation rights?

Posted by DeWitt Law Firm, P.A.

in Family Law

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....

04 April

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What to do with a House during a Divorce in Florida

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law, Florida Law, Real Estate Law

In a divorce, the parties will need to decide whether to sell or keep the marital home. While some parties become very attached to the marital home or wish to keep the marital home for the stability of the children, others approach the marital home as a pure financial decision. When determining what to do with the marital home, there are essentially three options....

09 March

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7 Things To Do After Your Divorce

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

After a divorce is finalized, the hardest part of the case is typically over. However, there are still some housekeeping matters that need to be completed to allow for a seamless transition to your post-divorce life. 1. Get a Certified Copy of the Divorce Decree After the divorce is finalized, you will at some point in the future need a certified copy of the divorce decree. It may be required when purchasing a home, traveling out of the country, getting a passport, or during some other life event. It is advisable to purchase a certified copy of the divorce decree shortly after...

08 February

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New Tax Bill Eliminates Alimony Deduction in Divorces in 2019

Posted by DeWitt Law Firm, P.A.

in Alimony, Divorce, Family Law

alimony deduction tax bill 209 dewitt law firm

As of January 1, 2019, the alimony tax deduction will cease to exist. This means that alimony paid by a spouse will no longer be tax deductible. Further, the spouse receiving alimony will no longer claim it as income. Currently, alimony is tax deductible to the paying spouse and taxed as income to the receiving spouse. The new law will not take place until January 1, 2019, giving couples that desire to get divorced time to file before the new tax law takes effect. However, the spouse requesting alimony may have significant incentive to delay the divorce in order to...

25 January

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The Common Pitfalls of Petitions for Relocation in Florida

Posted by DeWitt Law Firm, P.A.

in Family Law

In Florida, if a parent wishes to relocate more than 50 miles with a child, the parent must petition the court. Prior to hearing testimony as to whether relocation is appropriate, the trial court must first look at Chapter 61 of the Florida Statutes to determine if the petition is legally sufficient. ...