The McKinney Law Group Blog

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Is a Settlement From a Lawsuit Considered Marital Property?

Is a Settlement From a Lawsuit Considered Marital Property?

Equal distribution of marital assets may not apply to settlement awards.  The State of Florida is an equitable state, meaning that when parties divorce, their marital assets are typically divided be...

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How do courts determine alimony payments?

How do courts determine alimony payments?

Avoid an improper alimony award. In divorce cases involving alimony awards, courts consider in multiple factors and rule according to the presented evidence. A recent case reviewed by The First Distr...

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If my court appointed expert seeks outside (legal) assistance, Am I responsible for their fees?

If my court appointed expert seeks outside (legal) assistance, Am I responsible for their fees?

If you’re getting divorced, read your attorney’s contract carefully. In dissolution cases that require outside assistance it is important to discuss with your attorney their role and any fees tha...

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What process do courts undertake in determining distribution of certificate of deposits (CD), money market, or savings/checking bank accounts?

What process do courts undertake in determining distribution of certificate of deposits (CD), money market, or savings/checking bank accounts?

If your assets are not properly defined as mariTal or non-mariTal, you may end up in court again.   It is well settled Florida law that for equitable distribution, the courts must determine if the ...

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Can a court require maintenance of a life insurance policy as security for alimony?

Can a court require maintenance of a life insurance policy as security for alimony?

If your divorce case involves alimony, it is important to understand how your funds are rewarded.  It is well settled Florida law that a court can obligate a spouse to maintain a life insurance pol...

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Can I take my child’s cellphone away as punishment?

Can I take my child’s cellphone away as punishment?

Is denying access to a child's phone an act of discipline or an act of theft? An interesting case was just decided in Dallas where a jury found a Father not guilty of theft for taking away his daught...

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Is Overseas Housing Allowance (OHA) included as income for Child Support payment calculations?

Is Overseas Housing Allowance (OHA) included as income for Child Support payment calculations?

Even if the funds are from the government, these funds play a factor in your child support.  If you are receiving an Overseas Housing Allowance, that Overseas Housing Allowance will be included in y...

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Things to Consider if You Divorce after You’re 50

Things to Consider if You Divorce after You’re 50

How your retirement and social security are effected. In many ways, there is nothing unusual about people getting a divorce after they turn 50.  The same concerns and problems that affect younger co...

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What is the Ten-Year Rule?

What is the Ten-Year Rule?

It is vital to understand the Ten-Year Rule and how it impacts your pension.  One of the most overall misunderstood aspects of military divorce is the Ten-Year Rule.  Most service members who visit...

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