The McKinney Law Group Blog

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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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Can I get a divorce in Florida?

Can I get a divorce in Florida?

Divorce depends on your residency. Divorce laws differ from state to state. The laws of each individual state determine the necessary requirements to get a divorce in that specific state. Some people...

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I was just served, what do I do next?

I was just served, what do I do next?

Being handed divorce papers can leave individuals in an uncomfortable position.  A divorce case officially begins when one party files the proper paper work in court system in the county where they ...

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Paying your child’s college expenses and how it relates to divorce.

Paying your child’s college expenses and how it relates to divorce.

Along with alimony and division of property, your child's pursuit for higher education should be thoroughly discussed.  Many of my clients are worried about who will pay for college expenses when th...

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