Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

May 2015 Archives

Alimony In Jupiter, Florida

In a divorce proceeding involving alimony, a spouse claiming income should be imputed to an unemployed or underemployed spouse must show that the unemployed or underemployed spouse is employable and that jobs are available. In order to determine the amount of income to impute, the Court must consider the spouses' recent work history, occupational qualifications, and prevailing earnings in community for the class of jobs available. In making an alimony award, the trial court is to utilize the prevailing income in the community to impute income to the payor and not income that could be earned by the payor from a relocation. In Broga v. Brogathe Florida Court of Appeal recently stated that income is imputed to an unemployed or underemployed individual if such unemployment or underemployment is found by the court to be voluntary. If the trial court finds that a person's unemployment or underemployment is voluntary, the probable earnings level of the payor should be determined based upon his or her recent work history, his or her occupational qualifications, and the prevailing earning level in the community in which the payor lives.

Division of Property and Assets in a Divorce in North Palm Beach

The division of property and assets in a Florida divorce proceeding is governed by Florida Statute § 61.075. Florida Statute § 61.075 states that: "In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse's nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors..." In Byers v. Byers, the Florida Court of Appeal recently stated that bonus checks earned during the course of the marriage are to be valued and are to be included in the marital estate for purposes of making an equitable distribution. This case involved two bonus checks that were earned by the Husband while he worked at Regions Bank during the course of the marriage. 

Paternity - Father's Rights Attorney in Palm Beach County

In a Florida paternity proceeding involving Father's rights, in order for the court to require a Father to pay life insurance to secure a child support obligation, the trial court must make certain written findings. Fla. Stat. 61.13(1)(c) states that: "To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose." In Velaga v. Gudapati, the Florida Court of Appeal recently stated that in determining whether to require a Father to purchase life insurance to secure the payment of child support, under Florida Statute § 61.13(1)(c), the trial court must make findings concerning the cost of the insurance. The trial court must also make findings concerning the Father's ability to pay for the insurance.

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Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Phone: 561-328-1095
Fax: (561) 472-1568
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