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Category Archives: Family Law

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Federal Child Tax Credit Updates

By William Wallshein P.A. |

Most readers are aware that the American Rescue Plan Act (the Covid-19 Relief Package) contained provisions to provide direct stimulus payments in the amount of $1,400 to Americans with a single adjusted gross income of $75,000 or less, and married couples with adjusted gross income of $150,000 or less. In addition to direct stimulus… Read More »

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Legal Custody and Physical Custody: What’s the Difference?

By William Wallshein P.A. |

A mother has filed for divorce from her husband, and she wants primary custody of their two children. After all, her spouse was an absentee parent to the kids, and even before the separation, never wanted to spend time with them. What would he be missing if she were awarded primary custody? Custody awards… Read More »

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Florida Senate Bill 1922: Potential Alimony Revisions

By William Wallshein P.A. |

Are you considering divorce but are concerned you won’t qualify for spousal support. Conversely, do you want to separate but don’t think your spouse is entitled to indefinite alimony? No matter the situation, alimony can be waived during divorce proceedings, but under no circumstances can a divorced spouse approach the court for a post-judgment… Read More »

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No Fault Divorce in Florida

By William Wallshein P.A. |

What is no fault divorce and what does it mean for a party who has other grounds for divorce? Can you file for separation under multiple grounds? What is the difference between no fault and irreconcilable differences? Each state has different laws and rules for divorce proceedings. For example, in Maryland, no fault divorce… Read More »

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Certain Aspects of Divorce Can Still Move Forward in Spite of the Coronavirus

By William Wallshein P.A. |

The pandemic has changed family law in a number of ways: For already-divorced parents, it has created significant confusion and questions surrounding child custody and parenting plans, particularly when there are concerns that the other parent could possibly expose the child to COVID-19. This has been especially pronounced for parents who work in healthcare,… Read More »

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Controversial Alimony & Custody Bill Again Under Consideration in Florida

By William Wallshein P.A. |

Florida legislators have once again introduced legislation (HB 843), which would end permanent alimony and create an automatic presumption that equal time-sharing is in the best interests of children in child custody cases; amongst making a number of other noteworthy changes in the area of family law. In the past, Governor Rick Scott vetoed… Read More »

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Figuring Out How Your Pension Could Be Paid Out After Divorce

By William Wallshein P.A. |

The differences in how asset division works in divorce highlights why it is so important to work with an experienced divorce attorney so that you fully understand how to weigh the pros and cons of negotiating different assets in a divorce. Below, we explain how the division of a pension plan as an asset… Read More »

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What Is the Most Common Reason People Get Postnuptial Agreements? A Discussion Marriage’s Insurance Policy

By William Wallshein P.A. |

As attorneys who practice family law here in Florida, we regularly receive a number of questions about prenuptial (prenup) and postnuptial (postnup) agreements; For example, questions such as: What is the least ‘negative’ way to discuss the need for a prenup with one’s partner? Or, what is the most common reason people get a… Read More »

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Deciding What to Do About Your Home & Where to Live During Divorce

By William Wallshein P.A. |

We’ve previously discussed some of the many questions and concerns that go into such an important decision as what to do with the marital home after divorce; whether a couple has decided to sell, or one wants to keep the home and try to buy the other one’s interest out. But what about where… Read More »

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What Judges Specifically Consider in Calculating Alimony & Child Support

By William Wallshein P.A. |

We have briefly touched on how alimony and child support are calculated, but as attorneys who practice family law here in Florida, we regularly receive a number of questions about what kind of income the court specifically takes into account in determining these payments. Judges do have some leeway in making these decisions (in… Read More »

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