About Our Firm

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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla Español.

Saturday, November 26, 2022

How Does The Length of A Marriage Affect Divorce in Florida?

If you are considering divorce, it will be one of the hardest things you have ever had to go through. The end of a marriage can result in multiple issues, including legal battles over parenting time, property division, and alimony. Regardless of the duration of your marriage, it is never easy to make the decision to end it. Sadly, it is a decision that sometimes has to be made. For those who are about to go through the process, it is important to have an understanding of the law so you know what to expect. Below, our Tampa divorce attorney explains how the length of your marriage may affect your divorce proceedings.

How a Short-Term Marriage Affects Divorce

A short-term marriage in Florida is defined as one that lasted for less than seven years. During a divorce that involves a short-term marriage, the two main issues are alimony and property division. Alimony is rarely awarded during a divorce that involves a short-term marriage, particularly when the person requesting it is considered employable and therefore, able to financially support him or herself.

Property division proceedings also often work differently when a marriage lasted fewer than seven years. The division of assets and liabilities is often less complex than it is when a marriage lasted longer than that because the couple has not had as much time to commingle their assets and liabilities.

How a Moderate-Term Marriage Affects Divorce

Florida law defines a moderate term marriage as one that lasts between 7 and 17 years. The issues that arise during a moderate-term marriage are the same in other divorce cases, but they are usually more complex than those in divorce cases that involve a short-term marriage. The couple has had more time to commingle their assets and liabilities, and alimony is more likely to be awarded. When awarding alimony, the court will consider the financial situation of each party, as well as their current employment status or their employability.

How Long-Term Marriage Affects Divorce

Any marriage that lasts more than 17 years is considered a long-term marriage in Florida. People who have been married for this length of time often have complicated property holdings and financial entanglements than in other marriages. Due to this, alimony is much more likely to be awarded in a divorce that involves a long-term marriage.

Still, there are many different types of alimony a person may receive after a long-term marriage. Bridge-the-gap alimony will not last more than two years, while rehabilitative alimony will allow a person to obtain education or employment that would allow them to financially support themselves. Durational alimony is the type most people think of, and will only provide payments for a set period of time. Permanent alimony is more likely to be awarded after a long-term marriage, particularly when one party lacks the ability to support themselves financially and maintain the standard of living they enjoyed during the marriage.

Our Divorce Attorney in Tampa Can Help You Prepare for the Process

Regardless of how long you were married, you need a reliable and experienced Tampa divorce attorney fighting for your rights. At All Family Law Group, P.A., our seasoned attorney can help you through the process and will ensure you receive the most favorable outcome possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

Thursday, November 24, 2022

How Is Child Support Calculated In Florida?

When making decisions on child support during a divorce case, there is no one fixed number a judge will use. Instead, many different factors are considered when the amount of support is being decided. Below, our Tampa child support attorney explains some of the main factors a judge will consider when trying to resolve a dispute.  In essence, Florida uses a worksheet to determine the amount of child support for which each parent will be responsible.  It is called the Florida Child Support Guidelines Worksheet.  


It incorporates many of the aspects listed below and normally the Worksheet will control how much child support is paid.

The Income of Each Parent

One of the main deciding factors in any child support case is the income each parent earns. The court will consider the gross income of each parent, including wages, salaries, bonuses, commissions, and overtime pay. Profits from a corporation or partnership, disability payments, and social security income can all be used to determine the income each parent earns. When one parent is unemployed, or underemployed, the court may use the current minimum wage to impute, or accurately evaluate, the income for that party.

The Child’s Standard of Living During the Marriage

The standard of living the child enjoyed during the marriage and prior to the divorce is another factor considered by the courts when determining child support. The court will try to award enough support to ensure the child’s standard of living before the divorce is maintained afterward, too.

The Needs of the Custodial Parent

The court will start with the presumption that the parent who spends more time with the child will incur additional expenses for their needs. If the non-custodial parent earns a higher income than the parent with the majority of parenting time, the non-custodial parent will likely be ordered to pay more to cover the child’s expenses.

The Amount of Overnight Visits

The number of overnight visits each parent spends with the child is also a factor considered when determining the amount of overnight visits. When a child is in one parent’s custody, that parent is financially responsible for them. If the non-custodial parent spends one overnight visit with the child and the other parent spends the rest of overnights with the child during the week, the court may award the parent with a larger amount of child support.

Special Needs Children

A very common factor considered when determining the amount of child support are any special needs the child may have. For example, if the child has special educational needs or medical needs, it is not uncommon for the court to require the higher-income earner to pay more in child support payments.

How Our Child Support Attorneys in Tampa Can Help with Your Case

If you are going through a divorce that involves children, determining the amount of support, as well as the parent who will pay it, will be a very big factor in your divorce. At All Family Law Group, P.A., our Tampa child support attorney can answer your questions, and help you determine how much you may receive or be ordered to pay. Call us now at 813-672-1900 or contact us online to schedule a free consultation of your case and to learn more about how we can help.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

flsenate.gov/laws/statutes/2012/61.30

Monday, September 5, 2022

What Does Alimony Cover In Florida?

 


Alimony is never a guarantee in any Florida divorce, but there are times when it is necessary and the two parties can agree to alimony terms, or a court will issue a judgment regarding alimony. Alimony is not meant to be a “pathway to retirement,” as the Florida Legislature recently debated, and so, permanent alimony is only given after a long term marriage which is 17 or more years or when one of the spouses becomes permanently disabled during the marriage.  In all circumstances must the one to pay alimony  must have the ability to pay it.

In all other cases, alimony is usually intended to support a newly single adult as they transition from being part of a married couple. In most cases, alimony is considered temporary and should generally be used for a specific purpose. Below, our Tampa divorce and alimony lawyer explains what alimony may cover after a divorce is final.

Furthering Your Education

It is not uncommon for a spouse to sacrifice their educational opportunities when they get married, particularly when they marry young. A person may choose to hold off on school so they can work and support their spouse, who is trying to obtain a professional license. Or, a parent may forfeit their education to stay home and take care of the children. After a divorce, these individuals often require support that allows them to obtain an education so they can earn a better income and support themselves and their family post-divorce.

A Chance to Get Back on Your Feet

Sometimes after a divorce, people just need time to get back on their feet. Divorce affects every aspect of a person’s life and so, one spouse may need time to review their childcare options, make new living arrangements, and address any other concern that resulted from the divorce. In these instances, alimony provides some breathing room and gives people the space and time they need to achieve their future goals.

Reapplying for Licenses or Certificates

During your marriage, you may have held certain professional licenses or certifications that expired. Alimony can provide the financial support you need during the time that you reapply for your license or certification. You may need these qualifications to reenter the workforce, but obtaining them can take a great deal of time in some cases. Alimony can help during the waiting period and allow you to pursue future employment and career goals with confidence, knowing this will help you obtain a higher income that can support you and your family in the future.

Enlist the Help of Our Divorce and Alimony Lawyers in Tampa Today

If your divorce will leave you in a worse financial position than you were when married, you may be eligible for an alimony award. At All Family Law Group, P.A., our Tampa alimony lawyers have the necessary experience and expertise to help you achieve the best alimony outcome so you can have financial confidence about your life post-divorce. Call us today at 813-672-1900 or connect with us online to schedule a free consultation of your case with one of our knowledgeable attorneys and to learn more about how we can help with your alimony award.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html