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How to Fill Out Financial Disclosure Affidavit

October 30, 2018

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Financial Affidavit Sections: Find The Help You Need

Section I. Income (1:43)
Section II. Average Monthly Expenses (5:15)
Sectin III. Assets & Liablities (12:13)

Family law financial affidavits are mandatory in every divorce case by Florida Law, which is a part of mandatory disclosure. Mandatory disclosure is financial information that is automatically disclosed by people filing for a divorce. The purpose is to ensure that each party is aware of the financial circumstances from both sides.

These mandatory disclosures require a financial affidavit form, and often require information related to tax returns, bank statements, credit card statements, car titles and insurance policies.

How Grandparents Can Get Custody of Grandchild in Florida

July 12, 2018

How Grandparents Can Get Custody of Grandchild in Florida

Grandparents rights in Florida are limited but there can be situations where the Florida Family Courts system can provide visiting rights and sometimes temporary custody for grandparents and their grandchildren. This process will mostly be handled through mediation and, if necessary, a court hearing.

How to Get Temporary Custody of a Grandchild

Florida awards grandparents custodial rights in the form of temporary custody when it has been determined that the parents are unable to adequately provide for their children. This is a short-term solution until the parents are able to resume their role as primary caretaker. Grandparents will be provided legal documents to prove they are able to make decisions regarding the child’s health and wellness during this time.

Out of Date Paternity Law Gets New Ruling

July 5, 2018

In a big step forward for Florida paternity cases, the Florida Supreme Court ruled that biological fathers should be allowed contact with children born to a woman married to someone else.

In the past, “illegitimate children” were taboo and reliable paternity tests were years away so it was decided that the woman’s husband should be declared the legal father and the biological father blocked from their children’s life. Even when the biological father tried to stay involved, through child support and a general concern for the child’s well being, did not mean they had any rights to that child.

A recent Broward County case has brought this out-of-date law into the spotlight. The father in the case had been involved since the child was born but when he requested to be declared the child’s father and given visitation the family was hesitant and the courts originally ruled in favor of the antiquated law, cutting the biological father out of his child’s life. The father appealed and the Florida High Court has ruled in favor of the biological father, giving him the rights to be involved in their child’s life and upbringing.

While not all cases are the same, this ruling means men should be eligible to have the legal right to the children, whether the mother is married or not. If you are concerned about your paternity rights, contact LaFrance Family Law to discover how we can help you gain and maintain your paternity rights.

Warning Signs of an Abusive Relationship

June 20, 2018

Domestic abuse is a pattern of controlling behaviors, violence, or threats of violence, that one person uses to establish power over an intimate partner or family member in order to control that person’s actions and activities.

Abusive relationships usually don’t start out that way, often violent and abusive behavior develops over time. Knowing the warning signs of an abusive relationship can help you identify and protect yourself from a potentially dangerous relationship.

4 Reasons to Hire a Family Law Attorney

May 10, 2018

It is not unusual for those facing an impending divorce or custody dispute to decide not to hire an attorney. Common reasons people chose not to hire a lawyer include trying to save money, collaborative separation or the assumption they can handle it themselves (often with the help of online resources).

Unfortunately, while this thought process may make sense at the time, there are serious risks when you decide to proceed with divorce or custody proceedings without an attorney.

10 Factors That May Determine Your Child Custody Rights

April 5, 2018

The state of Florida no longer assigns primary or secondary custody; instead, time is usually split 50/50. If the parents cannot agree or the courts find that equal time sharing is not in the child’s best interest, one parent may be granted custody for the majority of the time.

How is Custody Determined?

During a divorce, parents will need to come to an agreement regarding time sharing and decision making. This is called a parenting plan and must still be submitted in writing for official approval from the court.

Adultery and Divorce

March 30, 2018

Florida is considered a “no-fault” divorce state, which means that to end a marriage, the court does not require a full disclosure of why you are getting a divorce. This also means that adultery does not affect most decisions regarding divorce. “No-fault” allows either party to ask the court for a divorce based only on the incompatibility between the couple.

Adultery is defined as voluntary sexual intercourse between a married person and another who is not their spouse. In Florida, adultery is considered a misdemeanor of the second according to the Florida Statute 798.01. A couple is still considered married until they are pronounced divorced by the court. Since Florida is a “no fault” divorce state, parties will not have to prove that adultery is evident. They will only have to tell the court that they are no longer compatible.

2018 Calendar of Needs

March 13, 2018

There are ways that you can help the Voices for Children (VFC) and Guardian ad Litem (GAL) throughout the year. You can donate items directly to the children that we serve with the help of the Calendar of Needs. Simply host a collection throughout the month and then drop off items to the VFC office between 9 a.m. and 2 p.m. on the last work day of the month (March’s drop off day will be Friday, March 30th). The donations will be available at the GAL office for the kids that need them.

Thank you for your generosity!

Alimony Deduction Eliminated by New Tax Law

March 6, 2018

The Tax Cuts and Jobs Act passed in December 2017 affects how taxes will be calculated for the 2018 Fiscal Year. This new tax bill includes many factors on the state of taxes, especially alimony payments. The provisions regarding alimony will only affect alimony agreements made after 2018; however if an alimony agreement is modified in 2019 the new tax provisions will be applied to the updated agreement.

Currently, the person that is paying alimony can deduct the payments from their taxes and the spouse receiving the award pays the income taxes based on their resulting tax bracket.

How Pet Custody in Divorce Works

February 12, 2018

At LaFrance Law we love our family dog, Roxy, and know how important pets are to their owners. Pets have become to play a larger role in the everyday lives of people and families. You may be wondering what will happen to your pets if you are getting a divorce. In the past, Florida courts would assist in determining a fair solution regarding the custody of pets but the Bennett v. Bennett case in the mid-1990s changed the way such matters were handled.

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