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Westchase Law, P.A., Legal Blog

50/50 Options for Co-Parenting Schedules

Westchase Law P.A. | Jan 14, 2025 | Child Custody, Family Law and Marital Law

Recent changes to Florida law have made it easier for fathers to get shared custody and 50/50 time-sharing schedules with their children. In fact, there is a presumption under the law that shared custody and 50/50 timesharing is in the best interests of the children. When the court makes child custody decisions, it does so using the metric of the…

What are the Grounds for Terminating Alimony in Florida?

Westchase Law P.A. | Jan 8, 2025 | Alimony, Family Law and Marital Law, Modification of Alimony and Child Support

Alimony, or spousal support, is a periodic payment made by one spouse to the other. The purpose of alimony is to help the spouse maintain their standard of living after the divorce has been finalized or during the divorce process. If you are the payer of alimony and concerned that it’s impacting your finances, you probably want to know more…

Understanding the Different Types of Custody in Florida

Westchase Law P.A. | Jan 7, 2025 | Child Custody, Family Law and Marital Law

Child custody matters are some of the most contentious issues brought up during divorce in Florida. Understanding the different types of child custody and how they function is important for preparing yourself for your divorce case. In this article, the Tampa, FL child custody attorneys at will discuss the different types of child custody in Florida and go over some…

Can I Receive Child Support if My Co-Parent is a 1099 Worker?

Westchase Law P.A. | Dec 18, 2024 | Child Support, Family Law and Marital Law, Health Care Surrogate, Modification of Alimony and Child Support, Power of Attorney, Revocable Living Trust, Wills

As of October 1, 2021, all Florida businesses that hire 1099 workers (independent contractors) are required to report these payments to the Florida Department of Revenue to ensure that parents receive child support payments. Prior to the passage of this law, it was difficult to track down 1099 workers’ income. A worker could avoid making child support payments if they…

Am I Responsible for My Spouse’s Student Loan Debt if We Divorce?

Westchase Law P.A. | Dec 17, 2024 | Divorce Lawyer, Family Law and Marital Law, Health Care Surrogate, Modification of Alimony and Child Support, Power of Attorney, Revocable Living Trust, Wills

In order to successfully answer this question, you have to understand the concept of the marital estate. That is what gets divided in the event of a Florida divorce. The marital estate begins the moment you get married and ends when your divorce petition is filed. If the student loans were accrued during the marriage, that automatically makes them marital…

Factors Influencing Equitable Distribution in Florida

Westchase Law P.A. | Nov 27, 2024 | Firm News

Dividing the marital estate is one of the most primary concerns during a divorce proceeding. The question then becomes: What Florida rules apply and how do the courts reach a decision when it comes to determining which assets go where? This is an important question, and unfortunately, it doesn’t have an easy answer. The courts base their decisions on several…

Everything You Need to Know About Divorce and Credit Card Debt

Westchase Law P.A. | Nov 26, 2024 | Divorce Lawyer

Florida is an equitable distribution state meaning that assets and liabilities (debts) are not necessarily divided 50/50 during the divorce process. While there is a presumption that the courts should divide the marital estate 50/50, the court can (for legal reasons) award more the marital estate to one party than the other. Naturally, the issue of debt arises from here.…

Husband and Wife Fight Over Whose Estate a Hospital Bill Belongs To

Westchase Law P.A. | Nov 20, 2024 | Firm News

One of the major questions that will need to be resolved during your divorce is whether or not specific items are property of the marital estate or an individual spouse. Under Florida law, Florida Statutes § 61.075 governs how assets are classified and distributed under Florida’s rules of equitable distribution. According to the statute, all property that is acquired during…

The Role of Parenting Coordinators in a Florida Divorce

Westchase Law P.A. | Nov 19, 2024 | Firm News

When a married couple divorces in Florida while their children are still minors, the main goal of the family court system is to help them continue to have healthy relationships with their children even after the couple is divorced. Ultimately, however, child custody manages to be one of the most contentious issues during a divorce proceeding. In many cases, divorcees…

Is Adultery a Factor in Whether the Courts Award Alimony?

Westchase Law P.A. | Nov 13, 2024 | Alimony, Family Law and Marital Law

It stands to reason that you wouldn’t want to pay alimony to a cheating spouse. Why would you? You may feel as though they caused the breakdown of the marriage and they don’t deserve to be paid for an extended period of time for doing so. It’s perfectly natural to feel that way. Florida Statutes § 61.08 provides a list…

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