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...
A former spouse owes you an equitable distribution equalizing payment as a result of your divorce, but he or she never makes the payment, or only partially pays you. What can you do? In a family law case, garnishment of wages and or personal property is one method of collecting debts owed to you by...
Disputed relocation cases can be difficult. If you are the custodial parent seeking relocation, you have to prove to the court that relocation is in the best interests of your child, following the 11 statutory considerations the court must use to decide whether to allow relocation. So, how do you prove your case? Neutral third...
Under Florida law, a divorcing or divorced parent cannot relocate with a child without court permission if the other parent opposes the relocation. The guiding principle in a contested relocation case is the best interests of the child. This requirement for court permission reflects a general assumption that moving a child to a new community...
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