Divorce & Family Law

Imputed Income

The concept behind imputing income is to require those who are able to do so, to support or contribute to the support of those for whom they are responsible. During a divorce or post dissolution matter, each party’s income may become an issue. Often, one party will claim the other is intentionally not reaching their full earning capability or is receiving compensation from their employer in other forms so as to lower their adjusted gross income; all in an effort to avoid paying a certain a...

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Mark Lang & Associates 8/10/2015 Comments(0)

Co-Mingled Assets

When are personal assets joint assets? This question pervades initial conferences for divorce clients meeting with a lawyer, and throughout the divorce litigation process, and still during trial. Divorce law uses the same language as the IRS – what is the character of the asset? Is it marital and therefore subject to the presumed 50/50 distribution? Or is it non-marital, above-the-line, and distributed intact to the single spouse owner, outside the divorce judgment? The rub is when one spo...

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Mark Lang & Associates 8/5/2015 Comments(0)

Common Florida Divorce Questions

At Mark Lang & Associates, we handle many different types of family and divorce law cases. This can include anything from a high asset divorce, to child custody. Clients who come to us to manage marital and family law issues know that we will work diligently on their behalf, with the goal of improving their emotional, legal and financial well-being. That is why we want to provide answers to some of the commonly asked questions regarding divorce law. Alimony Forgiveness Question: When a forme...

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Mark Lang & Associates 6/22/2015 Comments(0)

Non-Modifiable Alimony

If you call alimony "non-modifiable" in a Marital Settlement Agreement, it is; even if you remarry. A new case, Herbst v Herbst , decided October 1, in a Florida appellate court, says so. In that case, the former wife remarried and the former husband sought to terminate alimony based on that re-marriage. Ordinarily, if there is no agreement, or the agreement is silent as to the issue of modifiability, then the Common Law inherited from England says that alimony is automatically terminated if the...

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Mark Lang 2/17/2015 Comments(0)