Florida has a well-deserved reputation as a haven for debtors. One of the state’s most attractive offerings is Florida’s constitutional exemption of homestead property from forced sale by creditors. Residents of other states who find themselves unable to pay their debts often decide that Florida offers an unbeatable combination of sunshine, beaches and protection from...
When alimony and/or child support arrearages accrue after a divorce, sometimes the only asset of value owned by the former spouse is his or her pension/retirement accounts. However, your former spouse may be far from retirement age. Fortunately, there is still a way to demand payment of the support arrearage from your former spouse’s pension/retirement...
Garnishment is a collection remedy in Florida that can be used to collect on support arrearage debts. If your spouse is employed, an income withholding order is usually entered, triggering automatic payroll deductions for support owed. But what if your former spouse doesn’t have an employer? You may be searching for a way to collect...
On May 9, 2014, Hillsborough County Circuit Judge Laurel Lee refused to grant a divorce to two women who wanted to incorporate a collaborative law agreement resolving all of their alimony and support issues. The two women were married in Massachusetts but lived in Florida. Judge Lee relied upon the amendment to the Florida Constitution passed...
In today’s highly mobile society, it is common for people to relocate for any number of reasons. The most common reasons include economic opportunities, employment and relationships. However, relocation can be difficult when parents have time sharing with the children. Florida law specifies that a parent who desires to relocate more than 50 miles for a period...
There was a time when premarital agreements were reserved for the absurdly wealthy and the many-times divorced. Judges and attorneys routinely discouraged “regular” couples from entering into premarital agreements, as these documents were deemed “anti-marriage.” However, this is no longer the case. Today, many couples enter into premarital agreements. Property division A premarital agreement can specify how...
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