Oviedo Law Blog

Millennials turning to prenuptial agreements more frequently

On behalf of Peppler Law P.A. posted in Divorce on Thursday, April 18, 2019.

The end of a marriage can have serious financial ramifications. An individual may lose property that he or she owned prior to marriage due to commingling those assets with marital property, and he or she may be concerned that he or she may even lose out on a fair share of those marital assets. Long-term obligations, such as alimony, may be ordered, too. In the end, one's financial position post-divorce is dependent upon the facts of the marriage and the arguments presented during negotiations and litigation. This uncertainty can cause an enormous amount of stress.

Fortunately, Floridians can avoid this situation by choosing to enter into a prenuptial agreement, referred to as a premarital agreement in Florida. These marital "contracts" can delineate how certain divorce legal issues like property division will play out should the parties' marriage not last. While many see this step as unromantic, Millennials are turning to them with renewed interest, as evidenced by one study.

Wills and trusts are important even for those without children

On behalf of Peppler Law P.A. posted in wills and trusts on Thursday, April 4, 2019.

The estate planning process is often seen as being reserved for those who have families. After all, assets are usually left via will or trusts to spouses and children. Yet, the truth of the matter is that estate planning can be beneficial for everyone in Florida, even those who are single and without children. We hope this blog will help shed some light on the estate planning tactics that can prove helpful to those who may think that they can forego this important process.

There are many estate planning tools that should be utilized. To start, a power of attorney and a health care directive allow an individual to endow another with the power to make financial and health care decisions in the event of incapacitation. Through these documents, an individual can clearly spell out how he or she wants to be cared for under these circumstances. This gives many people peace of mind.

How to disestablish paternity in Florida

On behalf of Peppler Law P.A. posted in Paternity on Wednesday, March 27, 2019.

The establishment of paternity has significant legal ramifications. It allows a custodial mother to seek child support, a noncustodial father to seek visitation and child custody, and a child to develop a relationship with his or her father. While the law generally favors the establishment of paternity for these reasons, there are instances where the disestablishment of paternity may be justified. Doing so, of course, relieves a man of his obligation to pay child support and his right to seek further contact with the child in question.

Under Florida law, there are a number of steps that must be taken before a court will grant a petition for the disestablishment of paternity. To start, the petition must be filed. Then, the man must file an affidavit indicating that newly discovered evidence, obtained after paternity was established, has been uncovered demonstrating that he is not the child's biological father. The man must then submit the results of genetic testing that demonstrates that he is not the child's biological father, or an affidavit indicating that he did not have access to the child for testing purposes. Lastly, the man must submit a sworn affidavit indicating that he is current on all child support obligations for the child.

How to avoid confrontation in divorce

On behalf of Peppler Law P.A. on Wednesday, March 13, 2019.

When you decided to file a petition for divorce in a Florida court, you understood that it would prompt many changes in your life, especially concerning your children. No matter what issues have led you to this point, you no doubt want to achieve a fair and agreeable settlement as swiftly and inexpensively as possible. When spouses are locked in contentious court battles, it takes months or even years to achieve a settlement.

To avoid this, you'll want to keep several helpful tips in mind. In a perfect world, you and your spouse would merely sign whatever papers are necessary, peacefully part ways and move on in life. In reality, divorcing couples often have to discuss highly emotionally charged topics involving their children, as well as other complex issues, such as property division or finances. If you and your spouse agree to treat each other with respect and fairness, it is possible to accomplish your goals with minimal stress.

We know how to fight for child custody modification

On behalf of Peppler Law P.A. posted in Child Custody & Support on Wednesday, March 6, 2019.

Recently on the blog we discussed the effects that parental substance abuse can have on children. Sadly, many kids in Florida are subjected to abuse or neglect, or are forced to take on responsibility beyond their years because their parents are battling an addiction. Fortunately, parents can take certain legal steps to better ensure that their children are protected.

Chief amongst these steps is modifying any existing child custody and visitation order. To successfully do so, a parent must show that a change in circumstances justify the modification. In the substance abuse context, this may mean putting forth evidence showing that the other parent is in fact abusing drugs or alcohol and how that abuse poses a threat to the child's best interests. This can be a challenging thing to do, especially when one is operating on a gut feeling.

What counts as income for child support purposes?

On behalf of Peppler Law P.A. posted in Child Custody & Support on Thursday, February 21, 2019.

Child support obligations can have a profound impact on a family's financial well-being. For a custodial parent, it can set the stage for how he or she will provide for his or her child, and any shortfalls may lead to financial hardship. For noncustodial parents, child support obligations can account for a significant portion of their financial expenses. Thus, the legal system in Florida seeks to find a balance that allows and encourages noncustodial parents to meet their child support obligations while contributing significantly to the costs associated with their child's upbringing.

To strike this balance, a court must take into account a noncustodial parent's income. Many sources of revenue can count for income determination purposes, including one's salary and wages as well as any bonuses, commissions, and tips. But that's not all that a court will consider. It will also look to see if an individual receives any sort of disability benefits, workers' compensation benefits, pension payments and other monies received from retirement accounts. Money obtained from rents, Social Security, trusts and investments will also be counted as income for child support calculation purposes.

Estate planning and the irrevocable trust

On behalf of Peppler Law P.A. posted in wills and trusts on Thursday, February 7, 2019.

The great thing about executing an estate plan in Florida is that it can be custom-tailored to fit your needs. If you want to evenly distribute your estate amongst your loved ones, then you can utilize a will to do so. You can also use this document if you want to disinherit someone. If you want to place conditions on the distribution of your estate, then you can utilize a number of trusts to meet your needs. To create a successful estate plan, though, you need to make sure that you fully understand your options and how each one may be beneficial to you.

One trust option is the irrevocable trust. As its name implies, this trust cannot be reneged once created. All assets placed in the trust remain in the trust for the benefit of a named beneficiary until such time as the property is released from the trust to the beneficiary. Once property is placed in the trust it cannot be removed, which may give some individuals pause. However, there are significant advantages to utilizing this trust type.

Collaborative divorce: A better way to dissolve a marriage

On behalf of Peppler Law P.A. on Thursday, January 24, 2019.

Every year, numerous couples in Florida decide to call it quits on their marriages. Every year, some of those couples spend time looking for ways to make the divorce process as painless and easy as possible. If you are ending your marriage and you want to avoid court and have a real say in what you will walk away with, a collaborative divorce may be for you.

How does collaborative divorce work? Do I have to use an attorney who specializes in this type of dissolution process? What if collaboration does not work out? These are some common questions people need answers to before diving into the collaborative divorce process.

Jeff Bezos and wife seeking multi-billion dollar divorce

On behalf of Peppler Law P.A. posted in Divorce on Thursday, January 24, 2019.

The financial ramifications of the end of a marriage can be immense. This is especially true for those seeking a divorce in Florida or elsewhere in the United States who have a high net worth. These individuals can find the property division process to be painstakingly meticulous, and discussions about alimony can set the stage for one's post-divorce financial well-being. In other words, there is a lot at stake during marriage dissolution proceedings. Perhaps no one knows this more than Amazon CEO Jeff Bezos.

Bezos recently took to the Internet to announce that he and his wife of 25 years are parting ways. Bezos' estimated wealth is somewhere near $137 billion. Since Amazon was founded prior to the Bezos' marriage, the property division process may be complex and potentially costly. In fact, Bezos' wife may be entitled to half of that $137 billion.

Florida's requirements for a legally valid will

On behalf of Peppler Law P.A. posted in wills and trusts on Thursday, January 10, 2019.

Many Floridians think that a will is enough to satisfy their estate planning needs. This is because wills and the issues that sometimes accompany them are easy to portray in the media, including film and television. Yet, the truth of the matter is that there are many other aspects of estate planning that can ensure that an estate plan is holistic in nature. Everyone who creates a will needs to ensure that it is executed in a clear and legally valid manner. Otherwise an entire estate plan, regardless of how thorough it is, can be placed in jeopardy.

Under Florida law, certain legal elements must be met before a will is considered valid. To start, every will must be reduced to writing and signed by the testator at the end of the document. If the testator is unable to physically sign the document, then it must be subscribed by another individual at the testator's direction and in the testator's presence.