Unlike child support, in Florida, there is no statutory formula or guideline to determine how much alimony a party should receive or how much a party should pay. Courts look to Florida Statutes Section 61.14 to determine alimony, based on one party’s “need” and the other party’s “ability to pay”. Florida Statutes Section 61.08 also […]
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Entries by Kelly R McNeal
This is a frequent question by many parties, both those receiving, and those paying child support. Calculating child support is based on Florida Statutes Chapter 61.30. In determining a parties’ gross income, the Court looks at the following in terms of income (61.30(2)(a)): (a) Gross income shall include, but is not limited to, the following: 1. Salary […]
In cases where a party is unemployed or underemployed, an argument can be made to impute income for purposes of calculating alimony and/or child support. Pursuant to Florida Statutes §61.30(2)(b): “Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on […]
Gainesville Florida family law attorney, Kelly R. McNeal, discusses the importance of a prenuptial or postnuptial agreement.
Florida Statutes §61.13001 lists the factors a court considers when determining if one parent can move more than 50 miles from their current residence. The factors for a court to consider include the following: (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED RELOCATION.—A presumption in favor of or against a request to relocate with the child does […]
In many instances, contractors or subcontractors perform work on someone’s property, without the property owner being fully aware of their rights or responsibilities under the lien statutes in Florida. When there is non-payment by the property owner or a dispute over payment, litigation often arises. And, interestingly, litigants, and sometimes courts, aren’t sure of their […]
With the recent publicity involving NFL player Ray Rice, domestic violence is a frequent topic of conversation. While many jokes and tasteless comments have arisen because of the publicity of this event, it does start conversation surrounding a difficult topic, and allows people to further evaluate their personal relationships. Florida Statutes §741.28 provides definitions for […]
In a decision out of Palm Beach County, field August 5, 2014, the Court considered whether a same sex spouse could be appointed to serve as a Personal Representative for his deceased husband. In Re Estate of Bangor involved Frank Bangor and W. Jason Simpson. The couple married in Delaware in 2013. Mr. Bangor died […]
In today’s society, social media is a staple for communication. Like it or not, people can learn a lot about someone else by what they post on social media sites. The law is quickly recognizing the impact of social media on cases before the court. But, what someone posts on social media sites may or […]
In family law cases, attorney fees are often based on the “need and ability to pay” standard. This can get quite complicated, as I am sure we all need (or at least want) someone else to pay our attorney’s fees. The problem is whether or not the other side as the ability to pay them. […]