Tuesday, December 17, 2013

Tampa Child Support Attorney on Child Support Enforcement

If you were divorced in Hillsborough County, Pinellas County or Pasco County, Florida and you require the assistance of a Tampa divorce attorney with child support enforcement matters, the family law firm of Nilo J Sanchez and Associates can help.


Your divorce is final. You finally can begin to move on from what is often times a very traumatic and life changing event in your life. If you have children and have been granted primary custody, you were also likely to have been awarded child support. In Florida, parents, whether having been married or not, are equally responsible to support their children and child support guidelines are used to establish the amount of child support to be awarded. Visitation or timeshare schedules are also set up and are generally considered in the final settlement agreement with regards to the amount of support to be paid. For most parents who have primary custody, it is imperative that they receive the court ordered child support, on time and for the full amount ordered. Unfortunately, there are times when the parent who has been ordered to pay child support neglects their obligation to the other parent (and their children) going against the court order that has been established. When this happens it can be very difficult to collect your support without the assistance of an aggressive Tampa family law attorney.

If you are not receiving your court ordered child support you may wish to hire an attorney to assist you with filing a child support enforcement order with the courts. Nilo J Sanchez, divorce and child support lawyer is located in Tampa, Florida and has been assisting clients with matters of post divorce enforcement orders such as child support enforcement for two decades and will take an aggressive approach to collecting child support, as well as child support arrearages, daycare expenses, medical bills or even enforce orders that refer to maintaining insurance for the minor child or children.

It is every child's right to be financially supported by both parents and family law lawyer, Nilo J Sanchez will take an aggressive and knowledgeable approach to ensure that every legal step is taken to collect the support that the primary custodial parent has been awarded--- so the financial needs of the children are cared for.

Do You Owe Back Child Support?

Alternatively, there are times after your divorce has been finalized, or even if you were never married, that you have been ordered to pay child support yet circumstances have truly changed. Perhaps you have lost your job, become ill, or have had other substantial changes since the final order. Before you get behind on your child support, contact our Tampa family law office to see about getting a modification of child support. Severe penalties, both civil and criminal are more likely to be avoided if you take the proper steps to ensure that your child support is paid and obligations are met according to your final order. If you have child support arrearages and you have been served with a summons for the enforcement of child support, contact Tampa, Florida divorce lawyer Nilo Sanchez and Associates for a consultation.

Owing child support is no small matter and although you may have had circumstances that have made it impossible to pay your child support obligations, your children are entitled to be supported by both parents under the law and there are strict guidelines set forth to ensure this happens. Often times, Florida's Child Support Enforcement becomes involved with child support cases and if the other parent has sought out help through that agency to collect their court ordered support, it can be challenging to get the help you need, to get back on track with your support or to enter into a modification.

For a consultation with Tampa family law attorney, Nilo J Sanchez and Associates, please call (813) 879-4600 or visit our website at http://www.divorcelawyer-tampa.com for additional information on how we can assist you with a child support enforcement case in Tampa ( Hillsborough County) Land O Lakes, Lutz, Dade City, NPR, Florida ( Pasco County) or St. Pete, Clearwater, Florida (Pinellas County) Mr. Sanchez has extensive experience in litigating child support enforcement cases in these courts.




Friday, September 20, 2013

Tampa Modification Attorney

For a knowledgeable and experienced family law attorney located in South Tampa,  Florida, Attorney Nilo J. Sanchez Jr.. has 20 years of experience assisting family law clients with their unique family law legal matters.

In order to prevail in a modification action, the person seeking the modification must prove that a substantial change in circumstances has occurred since the judgment was entered.  The change in circumstances must be permanent, involuntary, unanticipated material.  If the Supplemental Petition for Modification is granted, the increase in child support or alimony could be awarded retroactively to the date the Supplemental Petition for Modification is filed.
To obtain an evaluation of your case in regards to a modification of child support and or alimony, please contact Tampa Divorce Attorney and Family Law Lawyer Nilo J. Sanchez Jr. at 813 879 4600.


Family Law judgments can be modified depending upon whether the nature of the award in the judgment.  Child support and alimony awards are subject to modifications as well as time-sharing and custody.  To obtain a modification of child support or alimony in a Final Judgment, the person seeking the modification is required to file a Supplemental Petition for Modification.  This Supplemental Petition is required to be served upon the opposing party. 

Child Custody Attorney NIlo Sanchez located in Tampa understands that child custody cases and other family law issues can often be very emotional and complex. Hiring a child custody attorney in Tampa to ensure that timesharing, visitation, child custody and child support are handled aggressively is important. Attorney Sanchez has many years of experience in handling child custody cases in the Tampa bay area, therefore, you can be assured that you are hiring a seasoned attorney who is experienced in this particular area. We will do all that we can to ensure that you are receiving the best assistance for your child custody case.

If you need an experienced divorce or family law attorney in Tampa who will handle your child custody case, NIlo Sanchez and Associates, P.A. located in Tampa Bay has the extensive experience you need. We know that your family is important to you and you deserve to be represented by a Child Custody Attorney in Tampa who can litigate matters such as establishing paternity, timesharing and visitation, child support, modification of divorce orders including the relocation of the children as well as paternity and other family law matters. Nilo Sanchez & Associates is a divorce attorney located in Tampa Florida. who will provide resolutions that are in the best interest of all parties involved.

Tampa Divorce Attorney Nilo J. Sanchez, Jr. is dedicated to achieving result oriented goals based upon your family law needs.  Mr. Sanchez has more than 20 years of experience practicing family law in Florida.  He practices in Hillsborough County, Pasco County and Pinellas County.


Nilo Sanchez

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http://www.divorcelawyer-tampa.com


 
 
        

Tuesday, September 17, 2013

Tampa Alimony Attorney

Nilo Sanchez

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Entering the divorce process often times is emotional as well as a difficult time in a person’s life. A divorce is the dissolution of a unique relationship that was once created. The dissolving of this unique relationship is further complicated when the financial realities are faced and confronted. It is a given that couples can live typically more financially secure under one roof than what can be achieved by being in separate residences. Often times one spouse is dependent upon the other for financial assistance. The spouse requiring assistance may seek a form of alimony from the other spouse. Alimony is based upon the years of marriage, the need of one spouse, the ability of the other spouse and is in consideration of the standard of living enjoyed during the course of the marriage. Hiring a divorce lawyer in Tampa who is experienced in areas of alimony can help you through this difficult transition.

For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing for divorce.

Under Florida law, the court can order alimony. Three types of alimony are common. Bridge-the-gap-alimony, rehabilitative alimony, durational, permanent alimony or any combination of these forms of alimony. Bridge-the-gap alimony is to assist one spouse in making the transition from being married to being single. Bridge-the-gap alimony may not exceed 2 years. Bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony is not modifiable in amount or duration. It is wise to seek an experienced Top AVVO Rated divorce lawyer in Tampa who can assist you with your alimony case.

To assist you in determining whether alimony is a potential in your divorce case, contact our office to discuss your case in greater detail. With approximately 20 years as Attorney Nilo J. Sanchez  you can be confident that you’re hiring an experienced Tampa divorce attorney with extensive knowledge of alimony, child support, custody and timesharing litigation experience.

http://www.divorcelawyer-tampa.com
http://www.divorcelawyer-tampa.com/alimony-attorney-Tampa-Florida.htm

Friday, September 13, 2013

Divorce-lawyer-tampa-bay-questions

Nilo Sanchez

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Questions to Ask When Considering Hiring a Divorce Lawyer in Tampa Bay


When you decide to consult with a Tampa divorce lawyer, it is important that you come prepared to ask and answer questions that are pertinent to your divorce case. Every case is unique and your Tampa family law attorney should be able to answer any questions you may have.

Here are a few questions that you should ask before hiring a Divorce lawyer in Tampa.

1.)  How long have you been practicing family law?
Nilo J Sanchez & Associates has been practicing family law in Tampa Bay for 20 years and has litigated divorce cases in the 13th and 6th Judicial courts, serving clients in Tampa Bay, St. Petersburg / Clearwater area and in Pasco County, Florida.

2.)  Do You Specialize in Representing Both Men and Women?
It is a preference for some clients to retain a Tampa Divorce Lawyer who may represent either
men or women in divorce. I represent both men and women and work to achieve the best results
for your family as a whole.

3.)  Retainer Fees
Divorce lawyers charge a retainer fee to either initiate the divorce proceedings for you or to
to represent you in a divorce proceeding that has been filed against you. It is important for you to
understand how these fees are calculated and how hours and costs will be billed.

4.)  Negotiation, Litigation and Family Mediation
 It can be crucial to the outcome of your case if your divorce lawyer has experience in all of these
 areas.

5.) How Many Divorce Cases Have You Handled?

6.) How Long Will My Case Take to Finalize?

7.) How Will You Communicate With Me?

8.) Will You be Able to Determine the Outcome of my Case?
It is important to understand that no divorce lawyer can guaranty an outcome but an experienced
divorce lawyer will be able to provide you possible outcomes based on your situation and Florida
case law.

9.)  Do You Have Experience With High Net Worth Divorces?
If you or your spouse have high net worth and considerable assets, this is an important question to ask.If you are hiring a Tampa divorce lawyer should have resources and the ability to litigate or 
negotiate high net worth divorces which can be much more complicated.

It is important to hire a divorce lawyer in Tampa, Florida that you are personally comfortable with, experience and longevity in family law in Florida. For a consultation or to obtain more information about our Tampa Florida family law firm, please call (813) 879-4600 or visit http://www.divorcelawyer-tampa.com or http://divorce-lawyer-tampa.net.



    

Saturday, August 24, 2013

Putting the Family Back into Family Law

Divorce is a stressful event for any couple and chances are, whether you've been married a year, or thirty years you will likely suffer from some stress in the initial phases of your divorce. Often times, the stress trickles down and the whole family feels the effect of divorce.

If you've been married for a short period of time and do not have children, many couples will seek what is referred to as a "simplified" divorce, but if you've spent a good portion of your life with your spouse, divorcing becomes more complicated. Seeking the services of a Tampa divorce lawyer who is experienced in the areas of filing for temporary relief, alimony, child support and high net worth divorces is generally recommended. Although you may wish to settle your case without litigation, often times spouses will make emotionally charged divorce settlement agreements without seeking the advice of an experienced Tampa divorce attorney.  This may not be in the best interest of all parties and your family as a whole.

The main focus of a couple who is divorcing generally boils down to distribution of assets and if you have children, custody, child support and sometimes alimony. Child support will likely play a huge role and the primary caregiver will generally be awarded child support, based on the child support guidelines by the State of Florida.

Ultimately, it is always in the best interest of your family to work together to reach an agreement that is in the best interest of both spouses as well as the children. Often times emotional turmoil may initially hinder the parties from reaching a divorce settlement agreement. Equitable distribution of assets, child support, custody and alimony (if applicable) must be agreed upon. When agreement cannot be reached between parties, you will require the assistance of an aggressive divorce lawyer to litigate these matters in family court.

It is my goal to help my clients to achieve the very best outcome for the whole family, while defending my clients' best interests in their divorce settlement. Having over 19 years of experience as a Tampa divorce lawyer, you can be sure that my approach will be to help you to reach the very best divorce settlement for your future, and the future of your family.

If you are looking for a Tampa divorce attorney who is aggressive, compassionate and who specializes in family law services in Tampa bay, please contact me for a consultation. I am a top rated AVVO divorce lawyer in Tampa bay who can handle any divorce case in Hillsborough, Pasco or Pinellas County. Let me show you how to protect your assets in a divorce while keeping your family at the forefront during your divorce.

If you are in need of a divorce lawyer in Tampa who can assist you with obtaining temporary relief before your case is resolved, please contact me promptly for assistance at (813) 879-4600.
http://www.divorcelawyer-tampa.com or read our blog at http://www.divorce-lawyer-tampa.net.

Nilo Sanchez

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Friday, August 2, 2013

Alimony

Nilo Sanchez

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Nilo J. Sanchez & Associates is an experienced divorce attorney in Tampa who can assist you with your divorce including matters of alimony.  With five different types of alimony that can be considered by the courts, determining which type of alimony, if any will be awarded is dependent on many factors.  The length of marriage, whether it has been a moderate-term marriage or a long-term marriage of 7 to 17 years or longer.

Spousal support or alimony is often times awarded to one spouse or another by a Florida court when a marriage has been irrevocably broken and divorce ensues. Temporary alimony  pending a divorce settlement can be awarded and may continue after the divorce. Generally, courts will determine whether or not there is a need for alimony, and will take into consideration the other party's ability to pay.

The five different types of alimony that will be considered by a Florida court and they are as follows:

- Lump sum alimony
- Rehabilitative alimony
- Durational alimony
- Permanent periodic alimony
- Bridge the gap alimony

For detailed information on the types of alimony that can be awarded in Florida and what each means, visit http://www.divorcelawyer-tampa.com/alimony-attorney-Tampa-Florida.htm or schedule an appointment with Mr. Sanchez at Nilo J. Sanchez & Associates, Tampa, Florida for a review of your case.  As a compassionate, aggressive divorce lawyer in Tampa for nearly 20 years, Mr. Sanchez will go over every aspect of your divorce case, including alimony, child support and timesharing and has extensive experience with high net worth divorce cases.
The alimony statute is Florida Statute section 61.08.  Because alimony is handled differently from child support, predicting how much you may have to pay or how much alimony you would receive is unlikely. The courts would decide this based on several factors but as an aggressive, high rated Tampa AVVO family law attorney and divorce lawyer who has practiced in Tampa bay for nearly two decades, I have litigated many cases involving alimony. Contact me directly to schedule a consultation where we can discuss which factors the courts are most likely to consider in your individual case. Often times coming to an alimony settlement agreement between the two parties yields the best overall results and I work aggressively to achieve the best possible results for my clients.

Divorce is a difficult and life changing event for your family especially when  a long-term marriage is ending in divorce. Often times emotions will interfere with what is best for your future as a single person. Your standard of living will be taken into consideration, as well as your health, age, earning ability and other factors which may be taken into consideration.  It is wise to consult with a Tampa divorce attorney to assist you with your divorce and alimony case. Sometimes just "settling" with the other party ends up in regret, and it can be more difficult to modify an alimony agreement and it is preferable to enter into to a fair settlement at the time of your divorce.


Contact Nilo J. Sanchez & Associates in Tampa, Florida by calling  (813) 879-4600 or visiting our website at http://www.divorcelawyer-tampa.com.

Click To view our AVVO rating as a Tampa Divorce Lawyer and to read our reviews.

Member of :
National Hispanic Bar Association2008–present

Wednesday, July 31, 2013

Florida Family Law Attorney

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Experienced Tampa Florida Divorce and Child Support Attorney Nilo Sanchez understands that each family law case is unique and requires individualized legal representation.  Mr. Sanchez strives to achieve result-oriented goals through strategic legal representation.  In practice since 1993, the Tampa Florida Family Law Firm handles a full range of family law matters such as: uncontested and contested divorce , child custody, child support, divorce modifications and enforcement orders, supplemental petitions, parental relocation, paternity, domestic violence, marital settlement agreements, mediations, high asset divorces or high net worth divorce cases, military divorces, alimony or modification of alimony and property settlement or equitable distribution cases.

We know that you and your family is important and that you depend on an experienced child Custody Attorney in Tampa who can litigate matters such as establishing paternity, timesharing and visitation, child support, modification of divorce orders including the relocation of the children as well as paternity and other family law related matters.  

Please call our office to schedule a confidential consultation to discuss your unique family law needs at 813-879-4600.

http://www.divorcelawyer-tampa.com

Thursday, July 25, 2013

Tampa Child Support Attorney

As a Florida Family Law Office, Sanchez & Associates, P.A. (Attorney Nilo J. Sanchez Jr.), we are dedicated in assisting and supporting our clients while protecting their finances in all family law related matters such as child support, parental relocation, time sharing (child custody), paternity, contested and uncontested divorce  and other family law matters

Mr. Sanchez strives to provide individualized representation for your family law needs.  Your children are entitled to child support and each parent has a fundamental obligation to support his/her minor or legally dependent child under Florida law.  Child Support guidelines and worksheets are utilized in conjunction with time-sharing and child custody to determine the amount of child support that will be awarded.


Florida Statutes 61.30 Child Support Guidelines principles:

(1) The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

(2)The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

(3)The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.With over 19 years litigating divorce cases in Tampa Bay, Tampa Child Support Lawyer Nilo J. Sanchez offers a high degree of skill, knowledge and experience in family law, including matters of child support.  Obtaining the appropriate amount of child support through a court order along with the enforcement of child support is often necessary for the survival of your family. If you are not getting child support you should contact an Tampa Child Support Lawyer for help. Depending on your circumstances, you may need to first establish paternity or file for dissolution of marriage or ask the courts for temporary emergency child support. There are numerous factors that can effect your ability to obtain child support from an absentee parent, but hiring an experienced Tampa Child Support Lawyer may assist you in getting the child support that your family needs.
Often times, circumstances will change from the time of your original divorce or child support order and a downward modification or an increase in child support may be in order. Needs of the children, changes in income or time-sharing or other special circumstances can effect the amount of child support you should be paying currently. Contact Tampa Child Support Lawyer Nilo Sanchez  to see if you are eligible for a modification of your current child support order.
 

Wednesday, July 24, 2013

Divorce Law in Florida

It is important to hire a Florida Divorce/Family Law Attorney who specializes in Florida family law.  Florida family law attorneys understand the uniqueness of each family law case and are better equipped to assistant clients during these often emotional and difficult times for everyone involved.  Tampa Divorce Attorney Nilo J. Sanchez, Jr.. has been representing clients in divorce cases in Tampa Bay and surrounding areas for approximately 20 years.  He has the experience and knowledge to best assist clients who are in need of his family law services. View the variety of family law services that are offered at our Tampa family law firm.

                                                          Dissolution of Marriage

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.
(a)  The marriage is irretrievably broken.
(b)  Mental incapacity of one of the parties.  However, no dissolution of marriage shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.
(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:
(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.
(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or
2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or
3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.
If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.
(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.
(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.
(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.
(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.
(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

www.divorcelawyer-tampa.com

Tuesday, July 23, 2013

Child-custody-time-sharing

Child Custody and Time Sharing

Tampa Divorce Attorney Nilo J. Sanchez, Jr. is dedicated to achieving result oriented goals based upon your family law needs.  Mr. Sanchez has more than 20 years of experience practicing family law in Florida.  He practices in Hillsborough County, Pasco County and Pinellas County.

Child Custody Attorney Nilo Sanchez located in Tampa understands that child custody cases and other family law issues can often be very emotional and complex. Hiring a child custody lawyer in Tampa to ensure that timesharing, visitation, child custody and child support are handled aggressively is important. Attorney Sanchez has many years of experience in handling child custody cases in the Tampa bay area, therefore, you can be assured that you are hiring a seasoned lawyer who is experienced in this particular area. We will do all that we can to ensure that you are receiving the best assistance for your child custody case.

If you need an experienced divorce or family lawyer in Tampa who will handle your child custody case, Nilo Sanchez & Associates located in Tampa Bay has the extensive experience you need. We know that your family is important to you and you deserve to be represented by a Child Custody Lawyer in Tampa who can litigate matters such as establishing paternity, timesharing and visitation, child support, modification of divorce orders including the relocation of the children as well as paternity and other family law matters. Nilo Sanchez & Associates is a divorce lawyer located in Tampa Florida. who will provide resolutions that are in the best interest of all parties involved.

Protecting your parental rights while insuring that the children’s best interests are at the forefront takes a seasoned Tampa child custody lawyer and one that understands the complexity of some child custody cases. We know that when parents are dealing with child custody and divorce it is often times a very emotionally charged time. Child Custody lawyers in Tampa bay who represent clients who are divorcing and need assistance with time sharing, visitation and even modifications of child custody orders should be experienced in litigating child custody and be family law specialists.


Nilo Sanchez & Associates is a compassionate yet aggressive child custody and divorce lawyer in Tampa who you can depend upon for all of your family law needs. Please call our office for a consultation at 813- 879 4600. Click here for more information about hiring a child custody lawyer in Tampa.

Thursday, July 18, 2013

Florida Family Law

By hiring a divorce attorney who is specialized in family law matters in Florida, you can help the divorce process go as smoothly as possible.  You are able to assist in ensuring that your concerns as well as the things that are most important to you are protected.

An experienced Florida family law attorney can assist you in making confident and difficult decisions in this process.  At Sanchez & Associates, P.A,  Attorney NIlo J. Sanchez, Jr.realizes that not all dissolution of marriage cases are alike and require individualized attention to achieve the best results for his clients.

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.
(a)  The marriage is irretrievably broken.
(b)  Mental incapacity of one of the parties.  However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.
(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:
(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.
(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or
2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or
3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.
If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.
(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.
(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.
(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.
(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.
(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

http://www.divorcelawyer-tampa.com
http://www.divorce-lawyer-tampa.net

Tuesday, June 18, 2013

Tampa Divorce Attorney

Tampa Divorce Attorney Nilo J. Sanchez, Jr. has been practicing Family Law for approximately 20 years in the Tampa Bay and surrounding areas.  If you or someone you know is in need of a Florida Family Law Attorney, please do not hesitate to contact our office to schedule a consultation with an experienced family law lawyer at 813-879-4600.  Mr. Sanchez has the experience and knowledge necessary to handle the most complex family law cases.  We understand that it is a very difficult and emotional time for everyone involved.  

When minor children are present in divorce cases, the court is required to determine the type of parental responsibility that shall apply. The court can order the parties to have shared parental responsibility, which means that the parents shall have an equal say in major matters pertaining to the children such as educational, medical, religion and other significant matters pertaining to the children. Our Tampa Family Law firm will assist you in obtaining results that are in the best interest of your family with regards to  time-sharing and custody matters.

Protecting your parental rights while insuring that the children’s best interests are at the forefront takes a seasoned Tampa Child Custody lawyer and one that understands the complexity of some child custody cases. We know that when parents are dealing with child custody and divorce it is often times a very emotionally charged time. Child Custody lawyers in Tampa Bay who represent clients who are divorcing and need assistance with time sharing, visitation and even modifications of child custody orders should be experienced in litigating child custody and be family law specialists.

Our family law office handles Divorce cases (contested and uncontested), Paternity matters, Child Custody, Child Support, High Asset Net Worth cases, Parental Relocation, Alimony, Equitable Distribution and Mediation.

Our firm represents client in Hillsborough, Pasco and Pinellas Counties, including Wesley Chapel, Lutz, Carrollwood, Brandon, Apollo Beach and Temple Terrace.

http://www.divorcelawyer-tampa.com
http://www.divorce-lawyer-tampa.net

Saturday, June 8, 2013

Tampa Divorce and Enforcement and Modification of Support

Important decisions are made when going through the process of divorce, modification, alimony, relocation, enforcement, child custody, child support and other family law matters.  These decisions affect all participants who are going through this difficult and emotional time.  If you are contemplating divorce or any other family law matter, it is important that you speak with a skilled and experienced family law attorney who has the knowledge to give you vital information in order to obtain favorable results.  Tampa Family Law Attorney Nilo Sanchez has been representing clients in Hillsborough, Pasco and Pinellas counties for approximately 20 years.  For further information, please call our office at 813-879-4600 to schedule a consultation to discuss your individualized family law matters.

61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.
(1)(a) When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order as described herein reaches majority after the execution of the agreement or the rendition of the order, either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for an order decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order. A finding that medical insurance is reasonably available or the child support guidelines schedule in s. 61.30 may constitute changed circumstances. Except as otherwise provided in s. 61.30(11)(c), the court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony retroactively to the date of the filing of the action or supplemental action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child.
(b)1. The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides. On the issue of whether alimony should be reduced or terminated under this paragraph, the burden is on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.
2. In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee to another person:
a. The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.
b. The period of time that the obligee has resided with the other person in a permanent place of abode.
c. The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.
d. The extent to which the obligee or the other person has supported the other, in whole or in part.
e. The extent to which the obligee or the other person has performed valuable services for the other.
f. The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.
g. Whether the obligee and the other person have worked together to create or enhance anything of value.
h. Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.
i. Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.
j. Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.
k. Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.
3. This paragraph does not abrogate the requirement that every marriage in this state be solemnized under a license, does not recognize a common law marriage as valid, and does not recognize a de facto marriage. This paragraph recognizes only that relationships do exist that provide economic support equivalent to a marriage and that alimony terminable on remarriage may be reduced or terminated upon the establishment of equivalent equitable circumstances as described in this paragraph. The existence of a conjugal relationship, though it may be relevant to the nature and extent of the relationship, is not necessary for the application of the provisions of this paragraph.
(c) For each support order reviewed by the department as required by s. 409.2564(11), if the amount of the child support award under the order differs by at least 10 percent but not less than $25 from the amount that would be awarded under s. 61.30, the department shall seek to have the order modified and any modification shall be made without a requirement for proof or showing of a change in circumstances.
(d) The department shall have authority to adopt rules to implement this section.
(2) When an order or agreement is modified pursuant to subsection (1), the party having an obligation to pay shall pay only the amount of support, maintenance, or alimony directed in the new order, and the agreement or earlier order is modified accordingly. No person may commence an action for modification of a support, maintenance, or alimony agreement or order except as herein provided. No court has jurisdiction to entertain any action to enforce the recovery of separate support, maintenance, or alimony other than as herein provided.
(3) This section is declaratory of existing public policy and of the laws of this state.
(4) If a party applies for a reduction of alimony or child support and the circumstances justify the reduction, the court may make the reduction of alimony or child support regardless of whether or not the party applying for it has fully paid the accrued obligations to the other party at the time of the application or at the time of the order of modification.
(5)(a) When a court of competent jurisdiction enters an order for the payment of alimony or child support or both, the court shall make a finding of the obligor’s imputed or actual present ability to comply with the order. If the obligor subsequently fails to pay alimony or support and a contempt hearing is held, the original order of the court creates a presumption that the obligor has the present ability to pay the alimony or support and to purge himself or herself from the contempt. At the contempt hearing, the obligor shall have the burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt. This presumption is adopted as a presumption under s. 90.302(2) to implement the public policy of this state that children shall be maintained from the resources of their parents and as provided for in s. 409.2551, and that spouses be maintained as provided for in s. 61.08. The court shall state in its order the reasons for granting or denying the contempt.
(b) In a proceeding in circuit court to enforce a support order under this chapter, chapter 88, chapter 409, or chapter 742, or any other provision of law, if the court finds that payments due under the support order are delinquent or overdue and that the obligor is unemployed, underemployed, or has no income but is able to work or participate in job training, the court may order the obligor to:
1. Seek employment.
2. File periodic reports with the court, or with the department if the department is providing Title IV-D services, detailing the obligor’s efforts to seek and obtain employment during the reporting period.
3. Notify the court or the department, as appropriate, upon obtaining employment, income, or property.
4. Participate in job training, job placement, work experience, or other work programs that may be available pursuant to chapter 445, chapter 446, or any other source.
An obligor who willfully fails to comply with a court order to seek work or participate in other work-related activities may be held in contempt of court. This paragraph is in furtherance of the public policy of the state of ensuring that children are maintained from the resources of their parents to the extent possible.
(6)(a)1. When support payments are made through the local depository or through the State Disbursement Unit, any payment or installment of support which becomes due and is unpaid under any support order is delinquent; and this unpaid payment or installment, and all other costs and fees herein provided for, become, after notice to the obligor and the time for response as set forth in this subsection, a final judgment by operation of law, which has the full force, effect, and attributes of a judgment entered by a court in this state for which execution may issue. No deduction shall be made by the local depository from any payment made for costs and fees accrued in the judgment by operation of law process under paragraph (b) until the total amount of support payments due the obligee under the judgment has been paid.
2. A certified statement by the local depository evidencing a delinquency in support payments constitute evidence of the final judgment under this paragraph.
3. The judgment under this paragraph is a final judgment as to any unpaid payment or installment of support which has accrued up to the time either party files a motion with the court to alter or modify the support order, and such judgment may not be modified by the court. The court may modify such judgment as to any unpaid payment or installment of support which accrues after the date of the filing of the motion to alter or modify the support order. This subparagraph does not prohibit the court from providing relief from the judgment pursuant to Rule 1.540, Florida Rules of Civil Procedure.
(b)1. When an obligor is 15 days delinquent in making a payment or installment of support and the amount of the delinquency is greater than the periodic payment amount ordered by the court, the local depository shall serve notice on the obligor informing him or her of:
a. The delinquency and its amount.
b. An impending judgment by operation of law against him or her in the amount of the delinquency and all other amounts which thereafter become due and are unpaid, together with costs and a service charge of up to $25, for failure to pay the amount of the delinquency.
c. The obligor’s right to contest the impending judgment and the ground upon which such contest can be made.
d. The local depository’s authority to release information regarding the delinquency to one or more credit reporting agencies.
2. The local depository shall serve the notice by mailing it by first class mail to the obligor at his or her last address of record with the local depository. If the obligor has no address of record with the local depository, service shall be by publication as provided in chapter 49.
3. When service of the notice is made by mail, service is complete on the date of mailing.
(c) Within 15 days after service of the notice is complete, the obligor may file with the court that issued the support order, or with the court in the circuit where the local depository which served the notice is located, a motion to contest the impending judgment. An obligor may contest the impending judgment only on the ground of a mistake of fact regarding an error in whether a delinquency exists, in the amount of the delinquency, or in the identity of the obligor.
(d) The court shall hear the obligor’s motion to contest the impending judgment within 15 days after the date of filing of the motion. Upon the court’s denial of the obligor’s motion, the amount of the delinquency and all other amounts that become due, together with costs and a service charge of up to $25, become a final judgment by operation of law against the obligor. The depository shall charge interest at the rate established in s. 55.03 on all judgments for support. Payments on judgments shall be applied first to the current child support due, then to any delinquent principal, and then to interest on the support judgment.
(e) If the obligor fails to file a motion to contest the impending judgment within the time limit prescribed in paragraph (c) and fails to pay the amount of the delinquency and all other amounts which thereafter become due, together with costs and a service charge of up to $25, such amounts become a final judgment by operation of law against the obligor at the expiration of the time for filing a motion to contest the impending judgment.
(f)1. Upon request of any person, the local depository shall issue, upon payment of a service charge of up to $25, a payoff statement of the total amount due under the judgment at the time of the request. The statement may be relied upon by the person for up to 30 days from the time it is issued unless proof of satisfaction of the judgment is provided.
2. When the depository records show that the obligor’s account is current, the depository shall record a satisfaction of the judgment upon request of any interested person and upon receipt of the appropriate recording fee. Any person shall be entitled to rely upon the recording of the satisfaction.
3. The local depository, at the direction of the department, or the obligee in a non-IV-D case, may partially release the judgment as to specific real property, and the depository shall record a partial release upon receipt of the appropriate recording fee.
4. The local depository is not liable for errors in its recordkeeping, except when an error is a result of unlawful activity or gross negligence by the clerk or his or her employees.
(g) The local depository shall send the department monthly by electronic means a list of all Title IV-D and non-Title IV-D cases in which a judgment by operation of law has been recorded during the month for which the data is provided. At a minimum, the depository shall provide the names of the obligor and obligee, social security numbers of the obligor and obligee, if available, and depository number.
(7) When modification of an existing order of support is sought, the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall be the same.
(8)(a) When an employee and an employer reach an agreement for a lump-sum settlement under s. 440.20(11), no proceeds of the settlement shall be disbursed to the employee, nor shall any attorney’s fees be disbursed, until after a judge of compensation claims reviews the proposed disbursement and enters an order finding the settlement provides for appropriate recovery of any support arrearage. The employee, or the employee’s attorney if the employee is represented, shall submit a written statement from the department that indicates whether the employee owes unpaid support and, if so, the amount owed. In addition, the judge of compensation claims may require the employee to submit a similar statement from a local depository established under s. 61.181. A sworn statement by the employee that all existing support obligations have been disclosed is also required. If the judge finds the proposed allocation of support recovery insufficient, the parties may amend the allocation of support recovery within the settlement agreement to make the allocation of proceeds sufficient. The Office of the Judges of Compensation Claims shall adopt procedural rules to implement this paragraph.
(b) In accordance with the provisions of s. 440.22, any compensation due or that may become due an employee under chapter 440 is exempt from garnishment, attachment, execution, and assignment of income, except for the purposes of enforcing child or spousal support obligations.
(9) Unless otherwise ordered by the court or agreed to by the parties, the obligation to pay the current child support for that child is terminated when the child reaches 18 years of age or the disability of nonage is removed. The termination of the current child support obligation does not otherwise terminate the obligation to pay any arrearage, retroactive support, delinquency, or costs owed by the obligor.
(10)(a) In a Title IV-D case, if an obligation to pay current child support is terminated due to the emancipation of the child and the obligor owes an arrearage, retroactive support, delinquency, or costs, the obligor shall continue to pay at the same rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of the order is modified. Any income-deducted amount or amount paid by the obligor which is in excess of the obligation to pay current support shall be credited against the arrearages, retroactive support, delinquency, and costs owed by the obligor.
(b) In a Title IV-D case, if an obligation to pay current child support for multiple children is reduced due to the emancipation of one child and the obligor owes an arrearage, retroactive support, delinquency, or costs, the obligor shall continue to pay at the same rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of the order is modified. Any income-deducted amount or amount paid by the obligor which is in excess of the obligation to pay current support shall be credited against the arrearages, retroactive support, delinquency, and costs owed by the obligor. If an obligation to pay current support for more than one child is not reduced when a child is emancipated because the order does not allocate support per child, this paragraph does not apply.
(c) Paragraphs (a) and (b) provide an additional remedy for collection of unpaid support and apply to cases in which a support order was entered before, on, or after July 1, 2004.
(11)(a) A court may, upon good cause shown, and without a showing of a substantial change of circumstances, modify, vacate, or set aside a temporary support order before or upon entering a final order in a proceeding.
(b) The modification of the temporary support order may be retroactive to the date of the initial entry of the temporary support order; to the date of filing of the initial petition for dissolution of marriage, initial petition for support, initial petition determining paternity, or supplemental petition for modification; or to a date prescribed in paragraph (1)(a) or s. 61.30(11)(c) or (17), as applicable.