There are many reasons why a parent might decide to permanently move away from their current city, state, or even outside of the United States following a divorce. These reasons could include a better job prospect, health related issues of the parent or the child(ren), educational opportunities, immigration problems, safety, the availability of support from extended family members with raising the child(ren), and other reasons. Often times this means separating the child(ren) from the other parent. If the other parent is in agreement, the process is much easier and simply requires a written agreement with certain specific provisions. However, if the other parent does not agree, then the relocating parent must petition the court for authority to move away. Florida Statute § 61.13001 provides the standards and requirements the relocating and the non-relocating parent must comply with when a relocation issues arises. Relocation is generally defined as relocating to a residence (for more than 60 days) which is at least 50 miles away from your current residence. If you need assistance with relocation related issues, please contact one of the attorneys at Richard A. Schurr, P.A. at (305) 204-4924.
Is Alimony Taxable?
Historically, the payor spouse was entitled to an income tax deduction for alimony payments actually made, and the recipient spouse was required to pay income taxes on alimony payments actually received. However, under the 2018 Tax Cuts and Jobs Act, any agreement between the parties, or judgments entered by the courts as to alimony payments, after December 31, 2018, will not permit the payor spouse to take an income tax deduction for alimony payments actually paid, and the new law will not require the recipient spouse to pay income taxes on the alimony payments actually received.
If you have any questions about the new law, contact Richard A. Schurr, P.A. at 305-204-4924 to speak with an attorney.
Representing Business Owners in Divorce Cases:
Under Florida law, each spouse is entitled to an equitable distribution of marital assets. Often times, the issue arises of how to equitably distribute a business, which may be owned and operated by either spouse, or both spouses together. Equitably dividing a marital business can quickly become a hotly contested dispute as parties frequently disagree as to which business valuation method should be used. Richard A. Schurr, P.A. has represented the interests of many clients in complex Florida divorce cases, including business owners seeking to safeguard their business, and can advise you on which valuation method is most appropriate in your case, assist you with determining the best strategy for dealing with such complicated issues, including income tax consequences and asset protection issues.
If You Don't Ask, You Don't Get.
Pleadings serve an important function in divorce cases because they provide notice to the court and to the other party of what relief you are seeking. For example, a judge can award several different types of alimony, or more than one type of alimony, including, durational alimony, rehabilitative alimony, bridge the gap alimony, and permanent alimony. Recently, the Third District Court of Appeal emphasized the importance of a careful pleading when it came to seeking alimony. In Viscito v. Viscito, 214 So. 3d 736 (Fla. 3d DCA 2017), a case in which Richard A. Schurr, P.A., represented the Wife, the Husband's request for bridge-the-gap alimony, rehabilitative alimony, and other forms of alimony was denied because the Husband only sought permanent alimony in his pleading so no other forms of alimony were available to him. In fact, the trial judge had determined that the Husband, while not entitled to permanent alimony, would have been entitled to other forms of alimony had he simply requested it in his pleadings.
Attorneys' Fees Recoverable in Domestic Violence Proceedings:
The Florida Supreme Court has recently determined that attorneys' fees may be awarded to the prevailing party in dating, repeat, and sexual violence injunction proceedings under Florida Statute § 784.046. As Florida Statute § 57.105 clearly states that its provisions apply to any claim, or defense in any civil proceeding(s), the Court may award any prevailing party a reasonable attorney's fee, to be paid in equal amounts by the losing party and the losing party's attorney on any claim, or defense brought during an injunction proceeding under Florida Statute § 784.046 in which the Court finds that the losing party, or the losing party's attorney knew or should have known that said claim or defense when initially presented to the Court, or any time before trial was 1) not supported by the material facts necessary to establish the claim or defense, or 2) would not be supported by the application of then existing law to those material facts. Although Florida Statute § 57.105 contains a notice requirement, which gives parties and their attorneys a twenty-one (21) day time period to withdraw, or correct a baseless claim, or defense before a § 57.105, Florida Statutes, motion can be filed with the Court, and Florida Statute § 784.046 allows a petitioner to obtain an ex parte injunction, and required that a full hearing occur on a date "no later than the date the temporary injunction ceases to be effective," Florida Statute § 57.105 still applies because injunctions can be extended, and the Court can always award attorneys' fees on its own initiative. The Florida Supreme Court's ruling disapproves the Third District's decisions in Ratigan v Stone, 947 So. 2d 607 (Fla. 3d DCA 2007) and Cisneros v. Cisneros, 831 So. 2d 257 (Fla. 3d DCA 2002) and the Fifth District's decision in Dudley v. Schmidt, 936 So. 2d 297 (Fla. 5th DCA 2007) to the extent that they can be read to preclude the application of Florida Statute § 57.105 under proper circumstances in proceedings brought under Florida Statute § 784.046.
Parental Alienation is Child Abuse!
Countless children are being psychologically abused by at least one parent, resulting in the other parent being alienated from their child(ren). Parent(s) who have become victims of parental alienation often don't see it happening because the child either can't, or won't, inform the alienated parent as to what the other parent has said, or done. Parental alienation is a basis for a court to limit, terminate, or modify time-sharing. Parental alienation can have far reaching consequences for the child(ren), including the inability to form lasting relationships later in life. Please contact us today at 305-204-4924, or www.richardschurr.com to discuss your case.