Welcome to the third and final installment of important legal terminology that you should know. I have already covered Bankruptcy and Workers’ Compensation and you can always access my previous posts to refresh your memory on important terms in those two areas.
Today I am going to focus on all things Family Law, the third practice area that Marcie Baker specializes in.
Alimony: spousal support which may be ordered by the court in a proceeding for dissolution of marriage. Types of alimony include bridge-the-gap, durational, rehabilitative, permanent or retroactive, and may be either temporary or permanent in nature. The court may order periodic payments, payment in lump sum, or both. In determining whether to award alimony, the court must determine whether either party has an actual need for alimony and whether the other party has the ability to pay. The court must consider the factors set forth in section 61.08, Florida Statutes, and must make certain written findings. An alimony award may not leave the paying party with significantly less net income than that of the receiving party without written findings of exceptional circumstances.
Annulment: a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. In the eyes of the law, the parties were never married. It is available only under certain very limited circumstances.
Child Support Guidelines: Each state has child support guidelines that must be followed in awarding child support. (See Florida Child Support Guidelines here.) The guidelines are typically a formula. There are only a few circumstances when the court can award child support higher or lower than the guidelines.
Marital Property: includes all property acquired during the marriage, even if it is not titled in both names, with some exceptions.
Uncontested Divorce: when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.
Child Support: money paid from one parent to the other for the benefit of their dependent or minor child(ren). It is important to note that both parents are required to support their children and the calculations reflect this.
Dependent Child/Children: child(ren) who depend on their parent(s) for support either because they are under the age of 18, have a mental or physical disability that prevents them from supporting themselves, or are in high school, between the ages of 18 and 19, and performing in good faith with a reasonable expectation of graduation before the age of 19.
Financial Affidavit: a sworn statement that contains information regarding your income, expenses, assets, and liabilities.
Marital Liability: generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge.
Nonmarital Liability: generally, any debt that you or your spouse incurred before your marriage or since your separation. A debt may only be determined to be nonmarital by either agreement of the parties or determination of the judge.
Permanent Alimony: spousal support ordered to provide for the needs and necessities of life as they were established during the marriage for a party who lacks the financial ability to meet his or her needs and necessities after dissolution of marriage. Permanent alimony is paid at a specified, periodic rate until: modification by a court order; the death of either party; or the remarriage of the party receiving alimony, whichever occurs first. Permanent alimony requires consideration of the factors set forth in section 61.08(2), Florida Statutes, and must include certain written findings by the court.
Shared Parental Responsibility: an arrangement under which both parents have full parental rights and responsibilities for their child(ren), and the parents make major decisions affecting the welfare of the child(ren) jointly. Shared Parental Responsibility is presumptive in Florida.
Time-Sharing Schedule: a timetable that must be included in the Parenting Plan that specifies the time, including overnights and holidays, that a minor child or children will spend with each parent. The time-sharing schedule shall either be developed and agreed to by the parents of a minor child or children and is approved by the court or established by the court if the parents cannot agree, or if their agreed-upon schedule is not approved by the court.
Mediator: a person who is trained and certified to assist parties in reaching an agreement before going to court. Mediators do not take either party’s side and are not allowed to give legal advice. They are only responsible for helping the parties reach an agreement and putting that agreement into writing.
I hope this blog, like the other terminology blogs, has helped your understanding of often confusing terms and phrases related to family law. If you have any other questions regarding this post or Family law in general, feel free to call our office and we will assist you in the best way that we can!
***This blog is only meant for informational purposes and in no way constitutes legal advice of any kind. Should you have any questions regarding a family law claim, please do not hesitate to fill out our contact form to schedule your free consultation.
Sources: http://www.divorcelawinfo.com/gloss.htm
https://www.flcourts.org/content/download/403042/file/902e.pdf
https://help.flcourts.org/Get-Started/Legal-Terms
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