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What are the Disclosure Requirements for Temporary Financial Relief?

Posted on October 19, 2016 at 1:40 PM Comments comments (0)


Temporary financial relief can be heard within 45 days of the service of initial pleadings, or within any extension of the time for complying with mandatory disclosure granted by the court or agreed to by the parties. The parties are required to produce the following documents:


 

-A financial affidavit. This requirement cannot be waived; and the affidavit must also be filed with the court.

-All federal and state income tax returns, gift tax returns, and intangible personal property tax returns for the past year. A party may file a transcript of the tax return in lieu of the individual federal income tax return for purposes of a temporary hearing.

-IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not yet been prepared.

-Pay stubs or other evidence of earned income for the 3 months prior to service of the financial affidavit.

 


What is a Case Management Conference?

Posted on October 19, 2016 at 1:40 PM Comments comments (0)



The court may call for a case management conference at any time after initiation of a case. A party may request a case management conference 30 days after service of a petition. At the conference the court may address any number of issues, like: -schedule or reschedule the service documents; set or reset the time for trial; coordinate the progress of the action; limit or expedite discovery; schedule or hear motions; pursue the possibilities of settlement. A case management conference often helps the court and the parties to narrow issues and in some case, resolve issues and simplify matters for trial.

What is a simplified dissolution of marriage?

Posted on October 19, 2016 at 1:35 PM Comments comments (0)


The parties to the dissolution may file a petition for simplified dissolution if they swear under oath that: -the parties do not have any minor or dependent children together; the wife does not have any minor or dependent children who were born during the marriage; and the wife is not now pregnant;

 

The parties must show that made a satisfactory division of their property and have agreed as to payment of their joint debts.

 

The clerk thereafter submits the petition to the court. The court considers the cause. The parties then appear before the court, and may testify at the court’s discretion. Then the court, after examination of the petition and personal appearance of both parties, and if the requirements of the Florida rules have been established, enters a judgment granting the dissolution.

 


Can a court access and review related family law files in my case?

Posted on October 19, 2016 at 1:30 PM Comments comments (0)



A judge hearing a family case may access and review the files of any related case whether pending or closed. This may aid in carrying out the court’s responsibilities. The court may also access and review the file of any related case. A related family case is another pending or closed case separate from the pending case. Judges or authorized court personnel cannot disclose confidential information and documents contained in related case files, except in accord with any applicable state or federal confidentiality laws. Authorized court staff may advise the court about the existence of related legal proceedings, as well as the legal issues involved, and administrative information about such cases.

If Florida courts do not have jurisdiction, can they still enter a temporary order?

Posted on October 13, 2016 at 1:30 PM Comments comments (0)


A court in Florida that does not have jurisdiction to modify a child custody determination, could issue a temporary order enforcing:


- a visitation schedule made by a court of another state; or

- the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.


If the Florida court issues a temporary order enforcing visitation provisions from elsewhere, that court is required to specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having proper jurisdiction. The temporary order remains in effect until an order is obtained from the other court, or the specified period expires.

 

 



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