Author Archives: family-divorce-attorney

If an agreement on relocation has not been reached, “a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.”

The petition to relocate must contain the following information and be signed under oath or affirmation under penalty of perjury:

– the address of the new residence;
– the phone number of the new residence;
– the date of intended move to the new location;
– a detailed statement of the reasons for the proposed relocation;
– a proposal for the revised schedule of time-sharing and transportation arrangements for the child after the relocation.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with relocation and child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as relocation, determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Child Custody Lawyer Tampa FL, Gary Dolgin

The standard of living during the marriage is one of the factors used to determine the type and amount of alimony awarded to the receiving spouse.

The standard of living enjoyed during the marriage is evidence of the needs of one party and the ability of the other party to pay.

However, a payor cannot be required to support a payee spouse’s marital standard of living if it exceeds the payor’s financial ability to do so.

Whether you are the spouse requesting alimony, or the spouse being asked to pay alimony, here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work to help protect your alimony rights.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Attorney Tampa – Gary S. Dolgin

Wishing everyone a Happy New Year from The Law Offices of Gary S. Dolgin!

Our wish is for everyone to have a healthy, happy and prosperous 2022.

We are grateful to continue to be helping families in the Tampa Bay area with their family law issues.

To learn more about our family law practice in Tampa, visit:
Family Lawyer in Tampa, The Law Offices of Gary S. Dolgin

If the parents and every other person entitled to access to or time-sharing with the child agree regarding relocation of the child, they may sign a written agreement that:

– reflects the consent to the relocation;

– defines an access or time-sharing schedule for the non-relocating parent and any other persons who are entitled to access or time-sharing; and

– describes, if necessary, any transportation arrangements related to access or time-sharing.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with relocation and child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as relocation, determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Child Custody Lawyer Tampa, Gary Dolgin

The court may order a spouse to pay a significantly small amount, as small as $1 a year, until that spouse is able to pay a larger, supportive alimony amount some time in the future.

This alimony is known as “nominal alimony.”

Nominal alimony is not meant to support the receiving spouse, but instead preserves the receiving spouse’s right to receive alimony at a later date.

Whether you are the spouse requesting alimony, or the spouse being asked to pay alimony, here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work to help protect your alimony rights.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Lawyer Tampa – Gary S. Dolgin

“Relocation” is defined as a change in the principal residence of a parent or other person of at least 50 miles and for at least 60 consecutive days not including temporary absences for vacation, education, or health care.

Relocation is an important issue because it can significantly affect the continued reasonable access to the child by the other parent.

Relocation must be considered very carefully with regards to the best interests of the child.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Custody Lawyer Tampa FL, Gary Dolgin

Happy Holidays from The Law Offices of Gary S. Dolgin!

In our special edition Holiday Newsletter, Gary Dolgin shares his family highlights for 2021 and wishes everyone a Merry Christmas and a Happy New Year of good health and prosperity.

We also take this special opportunity to thank our wonderful fellow colleagues and past clients who have placed their faith in us by referring us new clients this year.

To see our Holiday Newsletter, please visit: December 2021 Newsletter

Here at The Law Offices of Gary S. Dolgin, we have been serving the community to help with their family law and divorce issues since in the Tampa area since 1990.

To learn more about our family law practice, visit:
Family Law Attorney Tampa, The Law Offices of Gary S. Dolgin

In Florida, alimony is awarded based on the financial need of one spouse and the ability of the other spouse to pay. However, a court must evaluate current financial circumstances rather than rely on past income or speculative future earnings when making this determination. Alimony is determined based on present circumstances.

Alimony Is Determined Based On Present Circumstances

Present Income is Key

Florida law emphasizes that a spouse’s ability to pay must be assessed based on their current financial situation. This means a court cannot base alimony on previous earnings or assume a spouse will earn more in the future.

Speculating on Future Income is Not Allowed

Courts are prohibited from guessing or assuming a spouse’s future earning potential when calculating alimony payments. Instead, they must rely on real-time financial evidence, such as current employment and income levels.

When Can Past Earnings Be Considered?

While prior earnings generally cannot be the basis for alimony, there are exceptions:

    • Voluntary Unemployment or Underemployment – If a spouse is intentionally unemployed or earning less than they could, the court may consider prior income to determine their true earning capacity.
    • History of Income & Career Patterns – If a spouse has a long-standing career with consistent earnings but suddenly claims they cannot work, the court may analyze past wages to assess whether their current unemployment is intentional.

Key Factors in Alimony Determinations

When determining the type and amount of alimony, Florida courts evaluate factors such as:

  • The length of the marriage
  • The financial resources and assets of both spouses
  • Each spouse’s current income and employment status
  • The standard of living established during the marriage
  • Age and physical/emotional health of both spouses

Get Legal Guidance for Your Alimony Case

If you are navigating an alimony case in Florida, understanding your rights and obligations is crucial. A qualified family law attorney can help ensure that alimony is fairly determined based on current, relevant financial circumstances.

Whether you are the spouse requesting alimony, or the spouse being asked to pay alimony, here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work to help protect your alimony rights.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Divorce Attorney Tampa Alimony

Residency restrictions, sometimes called geographical restrictions, place limitations on where one party and the children may reside.

Those restrictions may be encountered by the attorney in drafting final judgment provisions, marital settlement agreements and parenting plans, or in post judgment modification or enforcement proceedings.

Residency restrictions are usually justified as promoting the best interests of the children by encouraging continued reasonable access by the other parent.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Tampa Custody Attorney, Gary Dolgin