Wednesday, May 22, 2013

Tampa Family Law Attorney

Whether you have or may be involved in a divorce  or other family law litigation, Top AVVO Rated Tampa Divorce Lawyer Nilo J. Sanchez, Jr. can provide you experienced legal representation. If you have a family law legal issue, please feel free to contact my office to schedule a consultation to discuss your unique family law related matter.

Tampa Rated Family Law Attorney and Divorce Lawyers Nilo Sanchez, P.A. is committed to accomplish your objectives depending upon your child support, family law, child custody, divorce and modification needs. With over 19 years of knowledge and experience dealing with Tampa divorce and family law, Mr. Sanchez’s objective is justice for your individual family law matter. Our office is located in Tampa and we serve clients in the following surrounding areas: Pasco and Pinellas Counties, Lutz, Wesley Chapel, Brandon, Apollo Beach, Plant City and Carrollwood.

High net worth Divorces, Enforcement, Qualified Domestic Relations Orders, Contested and Uncontested Divorces, Military Divorce, Parenting Plans, Visitation, Relocation, Marital Settlement Agreements, Prenuptials, Mediations, Modification of Court Orders, Guardianships, Guardian Ad Litem, Celebrity Family Law, Recovery of Attorney’s Fees, Post Judgment, Name Changes, Temporary Relief, Equitable Distribution of Assets and Liabilities, Alimony, Divorce Mediation, Child Support, Child Custody, Professional Athlete Family Law, Business Executive Family Law, Domestic Violence

In the State of Florida , divorce is governed under Chapter 61 of the Florida Statutes. In order to obtain a divorce, one of the parties to the marriage must reside in the State of Florida for six months before filing the FamilyPetition for Dissolution of Marriage.

Additionally, to obtain a divorce, the court must find that the marriage is irretrievably broken or that one of the parties has been adjudged to be incapacitated for a preceding period of at least three years.

There are many issues that may arise when a party seeks to obtain a divorce. For instance, the following issues may be present in a divorce case:

1.Children issues
2. Alimony
3.Distribution of Assets and Debts
4.Attorney’s Fees and Costs

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

Florida Family Law and Child Support Attorney

Top AVVO Rated Child Support Lawyer Nilo Sanchez is able to assist clients in obtaining the child support amounts he/she is entitled to under Florida law, either through negotiations or in a contested court hearing. Nilo Sanchez assists his clients in obtaining court-approved child support modification when their economic circumstances substantially change since the entry of the Final Judgment. When a parent’s economic situations change substantially, it may be possible for that parent to modify their child support by filing a Supplemental Petition for Modification.  Additionally, substantial changes to a parent’s time-share schedule may also warrant and justify a modification of child support.

Family Law Attorney and Divorce Lawyer Nilo J. Sanchez, Jr. is dedicated to achieving your goals based upon your divorce, child custody, child support, and alimony needs.  Mr. Sanchez has 20 years of experience in family law.  Located in the Tampa Bay area, Mr. Sanchez can assist clients in Hillsborough County, Pasco County, and Pinellas County.

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 20 years litigating divorce cases in Tampa Bay, Tampa child support lawyer Nilo J. Sanchez & Associates 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 a 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 Supoort Lawyer, Nilo Sanchez & Associates to see if you are eligible for a modification of your current child support order.

Tuesday, May 21, 2013

Modification of Child Support




If you have child support modification issues it is important to consult with an attorney who is skilled and experienced.   Please contact Sanchez and Associates, P.A. Tampa Child Support attorney, Nilo J. Sanchez, Jr. at 813-879-4600 to schedule a consultation.


Top AVVO Rated Child support lawyer Nilo J. Sanchez, Jr. located in Tampa, Florida often assists clients with the establishment of child support as well as with the enforcement and modification of child support orders. Top AVVO Rated Child Support in Florida is governed under Florida Statute 61.30. In determining child support, the court looks to many factors including, but not limited to each parties’ net income and the time-sharing schedule of the child between the parties. Under Florida law, both parents are required to contribute towards the support of their children. You should make sure you consult with an experienced Top AVVO Rated Tampa family law lawyer to fully comprehend all aspects of child support as it relates to your child support case.

Top AVVO Rated Child Support Lawyer Nilo Sanchez is able to assist clients in obtaining the child support amounts he/she is entitled to under Florida law, either through negotiations or in a contested court hearing. Nilo Sanchez assists his clients in obtaining court-approved child support modifications when their economic circumstances substantially change since the entry of the Final Judgment. When a parent’s economic situations change substantially, it may be possible for that parent to modify their child support by filing a Supplemental Petition for Modification.  Additionally, substantial changes to a parent’s time-share schedule may also warrant and justify a modification of child support.

Monday, May 20, 2013

Tampa Family Law Attorney


Whether it’s child custody, alimony, divorce, child support, paternity, high asset net worth divorce, or another family law service that you are seeking, Attorney Nilo J. Sanchez, Jr. is a family attorney located in the Tampa Bay area.  Nothing is more vital than your family.  Mr. Sanchez strives to provide only the most individualized and caring representation for your family law needs.  He is committed to creating legal strategies that are results-oriented, always bearing in the goal is to make choices that will ultimately be in the best interest for  your loved ones.  Mr. Sanchez specializes in handling any of the following types of Tampa, Florida family law matters.  Hiring an extensively skilled divorce attorney with many years of experience in high asset divorce is often essential to protect individual investments.
(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 on 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 e 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.



Saturday, May 18, 2013

Tampa Family Law - Alimony and Divorce


When divorce as well as other family law challenges enter a family's life, it can be difficult to know where to turn.  Tampa Family Law Attorney Nilo J. Sanchez, Jr., has  extensive legal knowledge and experience in family law related matters and has provided the Tampa Bay community with 20 years of service.  At Sanchez & Associates, P.A. we assist you to ensure that you understand the various options available to you  regarding your unique family law matters.  For further information, please contact us at 813-879-4600 to schedule a consultation.


(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.



Thursday, May 16, 2013

Divorce in Florida

Considering divorce is always arduous.   Whether you are sure you want to end your marriage or are still contemplating your choices, it helps to know the process of divorce law.  If you decide that  that divorce is essential, it is vital that you seek the assistance of an experienced family law attorney .   Involving an experienced and strategic Florida Family Law Attorney promptly in the divorce process is an important factor to maintain your long-term emotional well-being as well as your financial stability.

Divorce can be a very difficult and emotional time in a person's life.  If you are divorce in Hillsborough County, Pinellas County or Pasco County, Florida, Attorney Nilo J. Sanchez Jr. can clarify your alternatives as well as protect your legal rights and guide you through the divorce process.  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 an 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.

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, thepetition 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 alldissolutions 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.

Wednesday, May 15, 2013

Family Law Attorney - Equitable Distribution

Tampa Family Law Attorney Nilo Sanchez Jr. is committed to core principles of ethics in the practice of law.  Mr. Sanchez predominantly practices in family law issues, including child custody, visitation, alimony, child support,  paternity, relocation as well as high asset net worth family law cases.

Mr. Sanchez has been practicing in the family law area for 20 years and has extensive experience in family law matters.  He provides compassionate, personalized, and affordable legal services for each client.  There are many divorce lawyers in Tampa to chose from and finding one who strives to provide individualized and caring representation for your Family Law needs can often be crucial in obtaining favorable long term results.

Tampa Family Law Lawyer Nilo J. Sanchez, Jr. has a proven track record in all areas of Family Law in Tampa Bay and it's surrounding area and is committed to creating legal strategies that are results-oriented with goals to assist you in making choices that will ultimately be in the best interest of you and your loved ones. 


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.
To obtain additional information regarding the distribution of assets and debts in a divorce case, contact Top Rated Divorce and Tampa Family Law Attorney Nilo J. Sanchez Jr.