Divorce is typically how people end their marriages, but occasionally, a party seeks to end the marriage through an annulment. Basketball player Kris Humphries reportedly sought an annulment of his marriage to reality television star Kim Kardashian, alleging the marriage, which was filmed for the reality show, was a fraud. However, Ms Kardashian denied the allegations […]
Come January 1, 2013, the Florida Revised LLC Act will become law. Most of the statutory provisions may be overridden by provisions in the LLC’s Operating Agreement. However, there are some provisions, based on Florida Statutes Section 605.0105 that may not be waived. Management: If a management provision is not specified, then the default will […]
At times the intersection of Bankruptcy Law and Family Law can be a bit confusing. If you owe your former spouse money subject to a Final Judgment of Dissolution of Marriage, can a bankruptcy wipe out that debt? It depends. Factors you need to look at include whether the debt is in the […]
The Florida Revised LLC Act (“FRLA”) became law on June 14th, and beginning January 1, 2015, all LLCs will be subject to the FRLA. This blog highlights some important provisions. Managing member: The term “managing-member” is no longer in the definitions section of the FRLA. The term was taken out because many LLCs were using […]
Many parents who are required to pay child support either because of a paternity action or because of a divorce, do not fully understand how child support is calculated. Florida Statutes Section 61.30 provides the formula the courts use to calculate child support. The following steps are used to determine child support: Determine Gross Monthly Income. This […]
Whether one is appointed Trustee over a Trust or a Personal Representative (“PR”) over an Estate, that individual holds great power. What some people forget quite often, sometimes to their own detriment, are the corresponding responsibilities that accompany that power. When the Trustee/PR neglects those responsibilities, the Court may order the fees already paid to […]
A guardian ad litem (“GAL”) is appointed by the court in a dissolution of marriage or for the creation, approval, or modification of a parenting plan when the court believes that it would be in the best interest of the child or children to have someone act on behalf of the child or children. The GAL is […]
Choosing the last name of a child is easy when the parents are married to each other. Most commonly, the child is given the last name of the father, but an alternative is to have a hyphenated last name with the mother and father’s last names. The issue of choosing the last name of the […]
Guardians and Guardian Advocates are both given their powers through the probate court. A Guardian Advocate is a special type of guardian for persons with a developmental disability. Specifically, the developmental disabilities that qualify for a Guardian Advocate are defined in Section 393.063 Florida Statutes are as follows: retardation, cerebal palsy, autism, spina bifida, or Prader-Willi […]
Pursuant to Section 61.13001 Florida Statutes, if you want to relocate at least 50 miles for more than 60 consecutive days, you must either obtain written permission of the other parent or obtain the Court’s permission. The factors the Court will examine when making its determination are as follows: (a) The nature, quality, extent of involvement, […]
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