Marquez-Kelly Law

During a divorce , there are many settlements that need to be done. Significant importance is placed upon the distribution of marital property, which must be fair and impartial among the parties involved. Before tackling Florida rulings regarding property division in divorce , here are some facts about marital and non-marital property: ·          Marital property . All the properties a couple acquires after marriage and until the date of division of properties are considered marital property. This can include real estate , bank accounts , appliances , and vehicles . There are some instances, however, that a property acquired during the marriage can be considered as non-marital, i.e. if it is given as a gift by a third party to a specific spouse only. ·          Non-marital property . Typically, non-marital property describes the property possessed by either party before the marriage . Also ter...

Divorce is a legal matter than involves a lot of financial settlements , one of which is child support. Things change and circumstances can happen, however, that can make a formerly established child support amount insufficient to pay for the needs of a child. At this point, one can take the matter to court and request for additional child support. Modification is allowed under Florida child support law, provided that the amount change would be a minimum of 50 dollars or a 15% difference from the previous amount, whichever is greater. There are points that need to be considered, however, before the court can grant this. Generally, a substantial change in circumstances is needed before a modification can be done. This might include: ·          Significant increase or decrease in income of either the non-custodial or custodial parent . Change in income is the most common ground for modifying child support. The loss of a job or primary source of...

The implications of the Tax Reform Law would affect almost every aspect of American living, including divorce. Alimony, for instance, is set to change under the new ruling. It is typically the higher-earning spouse which pays the alimony ; this difference in tax brackets provides benefits to both parties, especially to the recipient. Under the previous law, an ex-spouse who pays spousal support is legally allowed to deduct the payment from his/her taxes, while the ex-spouse who receives the money has to include this in his/her taxable income. This deduction from the payer’s taxes is said to contribute significantly to the agreement of providing alimony to the payee. However, under the new law, alimony will no longer be deducted from the payer and the payee will no longer be paying taxes on it . The concern is in the amount of alimony that the payer can provide, since his/her ability to pay can be limited by tax concerns, given other expenses such as child support . As...

Alimony is the term used for the amount of money paid to an ex-spouse as a form of support. After a divorce , the decision whether or not to grant alimony is based on a number of factors, which means that the amount of maintenance to be paid cannot be solely derived from a mathematical formula. This is true for some U.S. states. Under Florida statutes , there are different types of alimony that can be awarded to a recipient. These are: ·          Temporary alimony (alimony pendent lite) – this is given while the divorce is on-going , and ends when it becomes final. ·          Bridge-the-gap alimony – this type of alimony supports an ex-spouse during the transition from marital to single life. It is intended to pay for the short-term needs of the recipient, and is only awarded for a specific period of time. ·          Rehabilitative alimony – as the n...

Before the United States legalized same sex marriage nationwide in a U.S. Supreme Court ruling in June 2015, Florida had already recognized it since January 6th of the same year. While Florida courts had seen same sex couples lining up to get wed that very same day, judges also had to prepare for cases of same sex divorce . In Florida, a six-month residency for either of the parties is required before filing a divorce case. The filing spouse, or the spouse requesting for the divorce, must file the case in the place either he/she or his/her partner resides . The same sex couple has to prove that the marriage is irretrievable or broken beyond repair , or that one spouse is mentally incapacitated . Dissolution of marriage may be granted if the parties have no children and the other party does not challenge the divorce. If there are kids involved and the petition is challenged by the other party, another course of action will be pursued by the presiding judge as indicated b...

Paternity is defined as the establishment, through legal action, of the father of a child. Determining a child’s father is important as it would work for the child’s benefit, especially in matters such as illegitimacy and divorce. In order for a male person to be legally recognized as the child’s father, either the mother or the potential father could file a suit in court and legal proceedings would be undertaken to justify the claim, in accordance with the paternity law . A paternity acknowledgement could also be performed by both parents. Both actions provide solutions to paternity issues which could, when unresolved, lead to events which may cause significant effects to the child involved. Paternity issues are complex matters as a lot of factors regarding a child’s future are taken into consideration, since the child’s interests are always top priority. One main issue which often leads to paternity disputes is child support. Child support is necessary since financial stabili...

Domicile refers to the residence that one either treats as a permanent home or acquires by birth origin. It is a place where you live in surrounded by a substantial connection. Usually, the child’s domicile is regarded as to where the parents reside. In the case of parents with different domicile due to divorce for example, a child’s domicile follows the parent who takes the child’s custody. Change of domicile happens when there’s a change of parent’s domicile. Family Law Attorneys aid in the child change of domicile relocation proceedings in the event that a petition of noncustodial parent is to be filed under the mandate of Florida law . Family Law Judges decide for a child to acquire independent domicile when a parent relinquishes all the duties and gives up all the rights over the child. Further, importance of relocation is vital in the following instances: ● Minor children of divorced parents ● Domicile of an illegitimate child ● One parent wants to take custody o...