Marquez-Kelly Law

Child support is one of the important matters involved in an ongoing divorce case . It is defined as the payment given by one of the divorcing spouses to the other in order to fund the child’s needs. Child support payment is very beneficial to the recipient kids as it helps pay for education , medical bills and health care , food , shelter , and other necessities. This financial payment usually lasts until the child comes of legal age (18 years), but may be extended if there are some needs that still need to be addressed, such as a medical disability. Child support is meant to look after the kid’s welfare even after the parents have been legally separated, which is why Florida law mandates it. When a couple has minor children , it is a given right for these children to be entitled to receive child support. Like financial matters in a divorce, this field also follows certain guidelines for the calculation of the amount to be paid. The parents’ sources of income ,...

When a married couple undergoes a divorce, there are certain matters that need to be thoroughly discussed to make the process beneficial for both parties and most especially for any children involved. With regards to discussing parental responsibility, a divorcing couple must understand that it is the children’s needs and feelings that need to be prioritized first before their own, which make a thorough talk with one another important. If the divorcing parties have disagreements regarding child custody/parental responsibility, then the matter will have to be decided by the courts. It must be understood that the same rules are applied by Florida courts. The child’s well-being and safety are considered first and foremost. This is decided through evaluation of some factors, which may include the parents’ ability to support the child; mental, physical, and moral fitness of each parent; geographic matters; and history of abuse or violence within the family, among others. Older children wh...

Divorce is a difficult chapter in a married couple’s life. Aside from all the matters that need to be settled, such as property division and support payments , another difficult task to be undertaken is talking to the children about it. Breaking the news to your kids can be a painful experience, which is why there is a need to do it with care. Here are some steps which can help you handle the situation tactfully. ·          Carefully consider what you will say . Any word that comes from you can have a lasting impact on your children, so it is best to practice beforehand what you will be telling them. Consider the important points that you need to impart and what your children need to hear. Rehearse this with your partner and be prepared for emotions or remarks that may arise during the announcement. This will help you manage your emotions better during the process. Also, be careful about the timing ; choose a time during which you thin...

There are certain matters that are considered to be very important and have to be carefully discussed in a divorce process. Often, these matters are concerned with the married couple’s rights to property and their responsibilities to their children as well as one spouse’s responsibility to the other. Issues regarding division of property and assets, as well as rights to alimony and child visitation , custody , and time-sharing are discussed and formalized through a Marital Settlement Agreement (MSA). It is basically a binding contract about the divorce terms which are agreed upon by both parties. If the agreement is done well and both spouses agree on the terms provided, the court may honor the agreement provided that it is fair to the parties involved. The couple may not have to go to court. On the other hand, if the agreement is contested or one party refuses to sign it, the matter will have to be taken to court and the judge will have to make the decision. A Partial Marita...

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...