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TAMPA DIVORCE & FAMILY LAW
NOTE: Tampa Divorce Lawyers at the Galewski Law Group understand that matters of family and marital law are more than legal issues, but questions of heartbreak and frustration. The decisions that you make or that are made for you during the dissolution of a marriage or in a child custody and support dispute effect you mentally, physically and financially. These decisions may alter your life, and you need to know that you have a best divorce lawyer in Tampa or Tampa Family Law Attorney on your side who will explain the legal process and the long term effects of the divorce and child custody proceedings. To help ease through this time we have developed various practices to help you settle your family matters with as little collateral damage as possible.
QUESTION OF THE WEEK:
HOW HAVE THE ALIMONY LAWS CHANGED THIS LAST YEAR?
There have been a number of changes to the Florida Alimony Laws, however the spirit of the law is still the same. Generally, if there is a long term marriage (15 years), and one party makes considerably more than the other, the Court will award permanent periodic alimony. If the parties have the same income the court is not likely to award alimony. There are a number of other issues that can come into play, but it is important to understand the basics. The official rule is one party has a need and the other has an ability to pay there should be an award of alimony. Beyond this, it is important to know that the Court has had many more alimony cases than you have had, and that artificially lowering income, hiding assets, or taking expenses that you do not really use are not likely to help you get more or less alimony, but they are likely to help you loose your credibility before the Judge.
IS IT TRUE THAT THE LAW CHANGED AS TO CUSTODY AND THAT THE PARENTS WILL NOW HAVE TO HAVE SPLIT OR 50/50 CUSTODY?
This is a great misconception. There was a significant law change in regard to child custody and time sharing that took effect on October 1, 2008, but that law does not necessarily translate to equal time. The Court is looking to remove the fight over primary residential rights and now wants people to focus on how they will share time with the child. This is different from mandatory 50/50 time. The Court must still look to the best interest of the child to determine how time will be shared between the parents. Moreover, the Divorce Court will want you to work with your co-parent to develop a time sharing parenting plan. To evaluate the specifics of your case contact your Tampa Divorce Attorney.
I AM UP-SIDE-DOWN OR HAVE NEGATIVE EQUITY IN MY HOME, HOW DO WE DIVIDE THE PROPERTY?
If you owe more than your house is worth, the court will typically agree with any agreement that you and your spouse may decide upon. Options that have worked are that the property is treated as an asset and the mortgage is treated as a liability and each item is divided accordingly. Other times the property is sold and each side will pay a portion of the loss at closing. More often than not, the property will be either paid by one spouse that will continue to live in the home, or the house will be sold via short sale, where the bank will work with the parties and cover the loss.
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Or here for a divorce attorney Tampa free consultation with best divorce lawyers Tampa. 412 E. Madison Street * Suite 1106 * Tampa, FL 33602 * Stan “The Man” Galewski * www.Galewski.com * 813-222-8210