Showing posts with label Tampa. Show all posts
Showing posts with label Tampa. Show all posts

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

Monday, April 22, 2013

Mediation in Florida

The information below explains the process of mediation and how it is often required for contested divorce issues such as child custody, alimony, child support and other like matters.

Mediation is a process whereby the parties are given the opportunity to resolve their case without the need of litigating their issues before the court in a contested hearing. In some circumstances, the parties are able to resolve their case in full or in part by entering into a binding settlement agreement.  The courts typically require the parties to attend me mediation prior to allowing the parties the opportunity of bringing a contested issue before the court for resolution. 

The mediator is typically an individual who is court certified as a mediator and/or an attorney who is familiar with family law matters. The mediator does not have the authority to make any rulings or determinations for the parties concerning the case. However, the mediator controls the mediation process and the mediator attempts to facilitate the parties with reaching an agreement. The mediator is not permitted to offer either party any form of legal advice. The parties usually attend the mediation with their attorneys who are there to advise their respective clients on the law concerning their issues.

With limited exceptions, the matters discussed and addressed during mediation are confidential and cannot be used against either party in court. As such, the parties are generally encouraged to engage in open and free co communication in an effort to obtain an agreement. Often times if an agreement is reached, the mediator, with the assistance and guidance of the parties’ attorneys, drafts an agreement that is signed by the parties’ at mediation. The mediation agreement is then filed with the court and an Order is entered by the court that approves and incorporates the parties’ mediation agreement. 

If successful, mediation can and often results in the parties’ saving significant dollars in attorney's fees and costs. Mediation affords the parties the opportunity to be creative with the resolution of their case and allows the parties to achieve certainty of the outcome as opposed to placing the decision-making authority with the court.

http://divorce-lawyer-tampa.net

Wednesday, March 13, 2013

Tampa Divorce Attorney - Family Law Legal Matters


Florida Family Law Attorney and Divorce Lawyer Nilo Sanchez Jr.  is dedicated to achieving your goals based upon your divorce, custody, family law, and alimony modification needs. With more than 19 years of experience practicing Florida family law,  Mr. Sanchez’s goal is strategically assisting you with your family law matters. Located in the Tampa Bay area, Attorney Nilo Sanchez Jr. assists clients in Hillsborough County, Pinellas County, Pasco County to include the surrounding areas of Wesley Chapel, Carrollwood, Odessa, New Tampa, Temple Terrace, Plant City, Apollo Beach as well as Brandon, Florida.

Whether challenging complex business valuation in a high net worth divorce or pursuing a modification of child support or time-sharing matter, our clients benefit from his pragmatic advice in problematic situations, his strategic approach in solving family law matters, and his readiness to protect your interests in court whenever necessary. He will listen to your individual concerns, precisely disclose all the options attainable, and work with you to determine the best approach and solution that meets you and your family’s needs.  Complex family dynamics are emphasized during difficult situations.  At Nilo Sanchez and Associates PA., in Tampa, Florida, we recognize all aspects of our clients' individual situations and work to resolve their family law matters.

Florida Family Law Attorney Nilo Sanchez Jr. has the experience to work with you to develop a legal plan to fit your Florida Family Law needs and goals whether they be filing for divorce, modifying your child support, child custody or alimony due to changing circumstances.  Florida Family Law Attorney  Nilo Sanchez Jr. can also  enforce child support payments for the support of your child.  Each divorce or modification is exclusive because the individuals involved are unique. For further information on how Florida Family Law Attorney Nilo Sanchez can assist you, please call our office to schedule a consultation with regards to your unique legal matters.

http://www.divorcelawyer-tampa.com

Tampa Divorce Attorney - Premarital Agreements


PREMARITAL AGREEMENTS

A premarital agreement is a contract between prospective spouses made in contemplation of marriage  that becomes effective upon marriage.

In a premarital agreement, the prospective spouses may contract with respect to the following:

1.      The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2.      The right to buy, sell, use, transfer, exchange, abandon, lease consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3.      The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4.      The creation, modification, waiver, or elimination of spousal support, (alimony);
5.      The making of a will, trust, or other arrangement to carry out the terms of the parties’ agreement;
6.      The ownership rights in and disposition of the death benefit from a life insurance policy.

However, the right of a child to receive support may not be adversely affected by a premarital agreement.

A premarital agreement is not enforceable in a divorce case if the party against whom enforcement is sought proves that:

1.      The party did not execute the premarital agreement voluntarily;
2.      The premarital agreement was the product of fraud, duress, coercion, or overreaching;
3.      The premarital agreement was unconscionable when it was executed and, before execution of the agreement, that party:

a.       Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b.      Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
c.       Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

To obtain additional information regarding Premarital Agreements in Florida, contact experienced Family and Divorce Attorney Nilo J. Sanchez Jr.

Tuesday, February 12, 2013

Tampa Child Custody Lawyer

Child Custody cases can often be very emotional and complex. Time sharing, visitation, child custody and child support are handled aggressively At Nilo Sanchez & Associates. Located in Tampa, Florida with over 19 years handling child custody cases in the Tampa bay area, you can be assured that you are hiring a Tampa family lawyer who is experienced in this particular area. We will do our very best 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 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 who can litigate matters such as timesharing and visitation, child support, modification of orders including the relocation of the children as well as paternity and other family law matters.

Nilo Sanchez & Associates 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

http://divorce-lawyer-tampa.net