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Legal Lesson - Child Support in High Income Families

Posted on Tue, Apr 26, 2011

ABSTRACT:

-    There is a presumption that a Court should order child support in accordance with the Child Support Guidelines calculations as described in the Florida Statue 61.30. However,­­ the Guideline Presumption is rebuttable. (Examples, 20% rule, special needs, child, etc.)
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Legal Lesson - Modifying Alimony Upon Retirement

Posted on Wed, Apr 20, 2011

ABSTRACT: Modifying alimony requires the moving party to demonstrate the following: 1) A substantial change in circumstances, 2) The change was not contemplated at the time of dissolution, and 3) The Change is sufficient, material, involuntary, and permanent in nature.
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Legal Lesson - Rule 12.491 Child Support Enforcement

Posted on Thu, Apr 14, 2011

This rule addresses child support enforcement and the process by which these types of hearings are heard outside a circuit judge’s chambers or courtroom. The rule grants the authority for Support Enforcement Hearing Officers to deal with proceedings establishing, enforcing, or modifying child support. This allows the process to be streamlined for many Support cases and leads to quicker results.  The major downside to this system is only support can be addressed. As many support issues are entangled with other issues like timesharing, only partial remedies can be gained from these hearings.
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Legal Lesson - Fla. Stat. 90.201-207, Judicial Notice

Posted on Mon, Apr 04, 2011

ABSTRACT: Judicial notice is a rule of evidence that allows a fact to be introduced into evidence if the truth of that fact is so well known that it cannot be refuted.  There are certain facts that the court is required to take judicial notice of even if not requested by the parties, such as a legislative statute that abolishes the defenses to divorce and legal separation of condonation, collusion, recrimination, and laches (Fla. Stat. §61.044). 
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