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.

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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.

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Tampa Family Law

Tampa Divorce Attorney Nilo Sanchez has been representing clients in the Tampa Bay area for 20 years.  Hiring an experienced and knowledgeable attorney whose specialty is Family Law is crucial to obtaining favorable long term results.  Mr. Sanchez strives to provide creative legal strategies along with individualized and caring representation for his clients.  Listed below is important information from the Florida Statutes regarding Alimony issues.  Please feel free tocall our office to schedule a consultation to discuss your unique Family Law matters at 813-879-4600.





61.08 Alimony.—

(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

(2) In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

(3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.

(4) 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 of an action for dissolution of marriage.

(5) Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of 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 shall not be modifiable in amount or duration.

(6)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:

1. The redevelopment of previous skills or credentials; or

2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.

(c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.

(7) Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

(8) Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

(9) The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.

(10)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s. 61.181.

(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the subsequent appearance, on or after that date, of one or both parties before the court having jurisdiction for the purpose of modifying or enforcing the order or in any other proceeding related to the order, or upon the application of either party, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall modify the terms of the order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s. 61.181.

(c) If there is no minor child, alimony payments need not be directed through the depository.

(d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository. In this case, the order of support shall provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository.

2. If the provisions of subparagraph 1. apply, either party may subsequently file with the depository an affidavit alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.

3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made through the depository.
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Alimony in Florida

There are different types of alimony that can be awarded in a Florida divorce case. I will use my experience as a Tampa, Florida divorce lawyer to ensure effective representation when the court is determining alimony in your divorce case. If your divorce case is in Hillsborough, Pasco or Pinellas County, Florida, please contact me for more information about how I can help you with your alimony case or modifications of current alimony.

Types of Alimony Considered in Florida Divorces:

Rehabilitative Alimony - Awarded to assist a party in establishing self-support.

Durational Alimony - Awarded when permanent periodic alimony is inappropriate.

Permanent Alimony - Awarded following a marriage of long duration if such an award is appropriate.

To learn more about laws that govern alimony in the State of Florida, please read:

      Types of Alimony Considered in Florida Divorces

      Florida Statute 61.08 Alimony 

After equitable distribution, the court may consider an alimony award. The court may grant alimony to either the husband or the wife. Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. Parties requesting rehabilitative 
alimony must have a plan for their rehabilitation such as the cost of going to school to improve skills and marketability. Bridge-the-gap alimony allows a party to make the transition from married to single life which may include the need to obtain a vehicle and/or money to find a place 
to live. Permanent alimony continues until the receiving spouse’s remarriage or the death of either party. The court can also order alimony for a certain period of time, which is called durational alimony. Rehabilitative, permanent, and durational alimony generally are paid periodically 
(i.e., monthly or semi-monthly); bridge-the-gap alimony can be paid in a lump sum at one time, or may be paid over a very short period of time. The court may also order lump-sum alimony where one party pays to the other party a lump-sum payment of money or property.

In awarding alimony, the court considers factors such as the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife.  You have the right to obtain information about your spouse’s income and assets through the use of discovery procedures. Discovery includes exchange of documents 

and answers to written or oral questions.

For assistance with obtaining or modifying alimony in your divorce case, please contact us at 813-879-4600.

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Equitable Distribution

Equitable Distribution

One issue that is present in divorce cases in Florida pertains to the distribution of assets and debts between husband and wife. The distribution of assets and debts in a divorce case in Florida is commonly referred to as Equitable Distribution.

The Equitable Distribution of assets and debts in Florida is governed by Florida Statute 61.0075. Pursuant to this statute, the Florida Court is required to set apart to each spouse that spouses’s non-marital assets and liabilities . In distributing the marital assets and liabilities between the parties (husband and wife), the court must begin with the premise that the distribution should be equal between the parties, unless there is justification for an unequal distribution based upon relevant factors.

Assets and liabilities that are not subject to distribution between the parties are non-marital assets and non-marital and liabilities. Non-marital assets and non-marital liabilities include:

1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;

2. Assets acquired separately by either party by non-interspousal gift, inheritance, and assets acquired in exchange for such assets;

3. All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital assets.

4. Assets and liabilities excluded as marital by a valid agreement between the parties.

5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a non-marital liability only of the party having committed the forgery.

The cut-off date for determining assets and liabilities to be identified or classified as a marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for divorce. 

The date for determining value of assets and the amount of liabilities classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. The Court can value different assets by using different dates. 

In general, all assets acquired and liabilities incurred by either spouse after the date of marriage and that are not otherwise classified as non-marital, are presumed to be marital assets and liabilities, subject to distribution between the parties by the Court.

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