Loading...

Follow Kenny Leigh | Divorce Blog For Men on Feedspot

Continue with Google
Continue with Facebook
or

Valid

Memorandums prepared by attorneys (it is important to remember that memorandums are arguments in the law. It is almost never a black-and-white issue.  Some arguments consist of the below:

Issue: Whether modifying an agreed upon parenting plan is appropriate where the plan does not include a specific time sharing schedule after the child is no longer a newborn.

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Florida statute 6.13001 governs whether a parent can relocate a child more than 50 miles from his or her principal place of residence at the time of the last order establishing or modifying time sharing. The statute provides that “the parent or other person wishing to relocate has the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the non-relocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.”

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

It is the intent of Florida law, that the trial court have executive decision making of time sharing arrangements. Florida judges are required to apply the "best interest" standard in making decisions concerning time sharing and parental responsibility of children.  In any decision involving a child, even one where an expert was provided an opinion, where two parents have an agreed upon arrangement, the court must evaluate the best interest of a child when making a decision concerning that child's relationship with their parent. 

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Equitable distribution should not include financial accounts that our client's are forced to use during divorce proceedings. It does not matter what the balance of the checking account was on the date of filing. If there was no misconduct, that balance is not subject to equitable distribution. A spouse has the right to deplete marital assets during the pendency of litigation to pay support, living expenses, litigation expenses, etc. The court should not include assets that have been diminished or dissipated during dissolution proceedings in an equitable distribution screen. A trial court commits reversible error by including assets depleted during dissolution proceedings in an equitable distribution screen, unless the spouse commits misconduct when depleting such assets.

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs. Durational alimony is designed to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration if there is no need for permanent support. Permanent alimony is designed to provide the needs and necessities of life as they were established during the marriage. A trial court’s discretion regarding alimony is not limitless. Rather, this discretionary authority is subject to the test of reasonableness, which requires a determination of whether there is logic and justification for the result. 

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Separate tags by commas
To access this feature, please upgrade your account.
Start your free month
Free Preview