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Alimony19

Ex-Wife Asks Court To Garnish Ex-Husband’s Discretionary Trust To Pay Her Alimony

By Schwartz | White |

If there is ever a time to be thankful for the fact that you have never owned any property to speak of, it is when you get divorced.  No matter your tax bracket, if the court orders your ex-spouse to pay alimony, there is a good chance that your ex put up a fight. … Read More »

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Will The Court Reduce Your Alimony Obligations If Your Ex-Spouse Gets A Full-Time Job?

By Schwartz | White |

When the court orders you to pay alimony to your ex-spouse, it can feel like an albatross around your neck, an obstacle to any kind of financial stability.  Getting the family court to modify your alimony order is possible if you can demonstrate that there has been a substantial change in circumstances for you… Read More »

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DivCouple13

If Your Ex-Spouse Agrees To Supporting Your Decision To Stay Out Of The Workforce, It Is Not The Court’s Place To Interfere

By Schwartz | White |

Individuals have the right to enter into contracts agreeing to conditions of their choosing, and as long as they are not agreeing to do anything illegal, the courts will enforce these contracts.  The court may refuse to enforce a prenuptial agreement if it is unconscionable, although fraud and duress are usually involved in cases… Read More »

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DivorceCost2

When Making Major Purchases With Your Ex-Spouse, It Is Best To Involve Your Lawyer

By Schwartz | White |

Remaining on good terms with your ex-spouse and helping each other in whatever ways you can after your divorce is an admirable goal, especially if you have minor children.  The danger is that, continuing to have informal financial entanglements with your ex-spouse can easily get as messy as the problems that caused you to… Read More »

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MomSon3

How To Get Your Unsupervised Parenting Time Restored: It Shouldn’t Take A Year And A Half

By Schwartz | White |

Whether you are happy or relieved that the court ordered you to exercise supervised parenting time with your children depends on the circumstances.  If you were previously not allowed to have any contact with your children, then supervised parenting time is a joyous reunion.  If you were hoping to have the children with you… Read More »

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Alimony26

Is A Disabled Spouse With Non-Employment Income Streams Entitled To Permanent Alimony?

By Schwartz | White |

The court has the option to award permanent alimony to a spouse who cannot return to the workforce after the divorce, because of the financially disadvantaged spouse’s age or disability.  To persuade the court that you are entitled to alimony, you must present evidence that you cannot cover your expenses without financial support from… Read More »

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Equitable Distribution And Imputed Income In Tough Economic Times

By Schwartz | White |

Living beyond one’s means tends to be the rule rather than the exception for couples on the brink of divorce.  In some cases, genuinely unavoidable financial stress contributes to the breakdown of the marriage, and even with both spouses working full time, the household’s expenses exceed its income.  In other cases, the parties spend… Read More »

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Fulfilling Overdue Child Support Obligations After Your Children Reach Adulthood

By Schwartz | White |

When people who have children together get divorced, there is always some possibility of your ex-spouse finding ways to get under your skin for the rest of your life.  Once your children turn 18, your ex-spouse cannot interfere in your financial decisions, but when you see the Christmas presents that your ex and your… Read More »

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Alimony11

Can Your Disabled Ex-Spouse Get Permanent Alimony After A Short-Term Marriage?

By Schwartz | White |

Florida family law courts award permanent alimony only as a last resort, when a financially disadvantaged spouse, due to age or disability, has no other source of financial support.  Most of the time, the court will only consider a request for permanent alimony if the parties were married 17 years or more.  There are… Read More »

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Co-Parenting And Substance Abuse

By Schwartz | White |

The good news is that the social stigma against mental illnesses, including substance use disorder, is considerably less than it was a generation ago.  Pretrial diversion problems acknowledge that incarcerating people for nonviolent drug offenses makes it harder, not easier, for them to achieve long term sobriety, and that ordering addiction treatment instead of… Read More »

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