The McKinney Law Group Blog

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If both parents agree, can I move out of state with my children?

If both parents agree, can I move out of state with my children?

Moving long distance with children requires more than a mutual verbal agreement.  In Florida, if a parent wants to move with their children more than 50 miles away, for any period longer than 60 day...

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If my vehicle is in my spouse’s name when I file for divorce, will my car be taken away?

If my vehicle is in my spouse’s name when I file for divorce, will my car be taken away?

If your name is not in your car's title, you may not immediately lose your vehicle. Filing for Dissolution of Marriage can become quite concerning for parties who hold the majority of assets under on...

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Can I Bring A Paternity Action Prior to the Birth of the Child?

Can I Bring A Paternity Action Prior to the Birth of the Child?

When it's the best time to file a case involving paternity. In Florida, although many do wait until the birth of their child to begin a paternity action, there is no requirement that a child must be ...

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Should Grandparents Have Visitation Rights?

Should Grandparents Have Visitation Rights?

RECENT LEGISLATION ENACTS NEW STANDARDS FOR GRANDPARENTS RIGHTS. The answer, as often the case, is complicated. Historically, grandparents have held no legal visitation rights in the state of Florida...

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Can courts consider 401K accounts when determining alimony?

Can courts consider 401K accounts when determining alimony?

A Florida Court recently held that retirement accounts distributed to parties might be considered income for the purpose of determining alimony. In Stolztfus v. Stoltzfus, No.2D14-2083 (Fla. 2nd DCA ...

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Is your timeshare agreement airtight?

Is your timeshare agreement airtight?

A recent case outlines that timesharing agreements must outline all  possible avenues.  Recent case law reminds us that time-sharing agreements should be as detailed and as specific as possible. In...

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How to Calculate Child Support when One Parent is Unemployed

How to Calculate Child Support when One Parent is Unemployed

If one parent is currently out of a job, child support becomes a difficult to allocate.  Many clients wonder how child support is calculated when one parent is unemployed. Often times, the non-worki...

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Unequal Earning Capacity cannot act as the sole basis for an award of unequal distribution

Unequal Earning Capacity cannot act as the sole basis for an award of unequal distribution

If one spouse does not earn the same as the other, more evidence must be needed in order to award funds.  Florida law allows for unequal distribution of marital assets when a trial court finds it is...

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Should I file my divorce first?

Should I file my divorce first?

It may be a better option for you to file first. “Should I file first?” is by far the question that new clients ask me the most.  This question comes up in almost every consult.  I’m not sure...

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