Author Archives: family-divorce-attorney

Significant changes to alimony laws have gone into effect in Florida, effective July 1, 2023.

One of the new laws regarding how retirement affects alimony is as follows:

The court may reduce or terminate an award of support, maintenance, or alimony upon specific, written findings of fact that the obligor has reached normal retirement age as defined by the Social Security Administration or the customary retirement age for his or her profession and that the obligor has taken demonstrative and measurable efforts or actions to retire or has actually retired. The burden is on the obligor to prove, by a preponderance of the evidence, that his or her retirement reduces his or her ability to pay support, maintenance, or alimony. If the court determines that the obligor’s retirement has reduced or will reduce the obligor’s ability to pay, the burden shifts to the obligee to prove, by a preponderance of the evidence, that the obligor’s support, maintenance, or alimony obligation should not be terminated or reduced.

If you have any questions about the new laws which have taken effect July 1, 2023, we are happy to help you.

With over 32 years of experience in all aspects of divorce and family law, being a Board Certified Expert in Marital and Family Law by the Florida Bar, and being a Florida Supreme Court Certified Family Law Mediator, Gary Dolgin has the expertise you need when facing divorce or any type of family law issue.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To learn more about Gary Dolgin and how he can help with your family law issues and divorce issues, such as alimony, child custody, child support and division of marital assets, visit:
Family Lawyer in Tampa, Gary S. Dolgin

Effective July 1, 2023 significant changes to timesharing laws in Florida have been made.

Family law governing the modification of the timesharing plan has been changed to include the following:

If the parents of a child are residing greater than 50 miles apart at the time of the entry of the last order establishing timesharing and a parent moves within 50 miles of the other parent, then that move may be considered a substantial and material change in circumstances for the purpose of a modification to the timesharing schedule, so long as there is a determination that the modification is in 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 32 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 have any questions about the new laws which have taken effect July 1, 2023, we are happy 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 Child Custody Attorney, Gary Dolgin

Effective July 1, 2023 significant changes to alimony laws in Florida have been made.

For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

Durational alimony may be awarded to provide a party with economic assistance for a set period of time.

Durational alimony may not be awarded following a marriage lasting less than 3 years.

An award of durational alimony may not exceed 50 percent of the length of a short-term marriage (less than 10 years), 60 percent of the length of a moderate-term marriage (between 10 and 20 years), or 75 percent of the length of a long-term marriage (20 years or longer).

Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary.

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:
Tampa Alimony Attorney – Gary S. Dolgin

Effective July 1, 2023, permanent alimony is no longer awarded in the State of Florida.

Judges in Florida no longer have the authority to award permanent periodic alimony.

Permanent alimony that was agreed upon or ordered by a judge and awarded prior to July 1, 2023 remains in full force and is unaffected by the new alimony laws.

The court shall make written findings of fact regarding the basis for awarding a form or any combination of forms of alimony, including the type of alimony and the length of time for which the alimony is awarded.

The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 32 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

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

Significant changes to alimony and timesharing laws have gone into effect in Florida, effective July 1, 2023.

Over the next several weeks we will be summarizing some of these changes on our social media channels to help our community understand the changes.

If you are looking for an experienced and knowledgeable divorce attorney in Tampa to represent your best interests, you can count on Gary Dolgin to help you.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To see what past clients have to say about retaining Gary Dolgin to represent them during their divorce, and to learn more about divorce, visit:
Tampa Divorce Lawyer – Gary S. Dolgin

We are proud to announce that Gary Dolgin has once again been selected as a top-rated attorney by Super Lawyers® for 2023!

Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

The patented selection process includes independent research, peer nominations and peer evaluations.

Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

Selections are made on an annual, state-by-state basis.

We are honored to have been selected again this year!

With over 32 years of experience in all aspects of divorce and family law, being a Board Certified Expert in Marital and Family Law by the Florida Bar, and being a Florida Supreme Court Certified Family Law Mediator, Gary Dolgin has the expertise you need when facing divorce or any type of family law issue.

If you are looking for an experienced and knowledgeable divorce attorney and family lawyer in Tampa to represent your best interests, you can count on Gary Dolgin to help you.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To learn more about Gary Dolgin and how he can help with your family law issues and divorce issues, such as alimony, child custody, child support and division of marital assets, visit:
Family Attorney Tampa, Gary S. Dolgin

Can custody of a child be awarded to a non-parent?

The answer is yes in Florida, but based on certain rules and guidelines.

The right of a natural parent to enjoy the custody, fellowship, and companionship of his or her child can be abrogated only when the ultimate welfare or best interest of the child requires the termination of parental rights.

Unless the natural parents are found to be unfit or have relinquished their rights, non parents cannot be given custody of minor children.

In Bushman v. Bushman, 475 So.2d 730 (Fla. 1st DCA 1985), the court acknowledged that after Pape and D.A.McW., the best interest of the child was no longer the standard to be applied in awarding custody to non parents.

A trial court cannot engage in a ‘best interests of the child’ analysis unless and until there is sufficient proof to establish parental unfitness or substantial threat of significant and demonstrable harm to the child. LiFleur, 138 So.3d at 574, citing Richardson b. Richardson, 766 So.2d 1036 (Fla. 2000).

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 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:
Tampa Child Custody Lawyer, Gary Dolgin

Jennifer, it was our pleasure to help you through your divorce and help advocate for your rights.

Providing compassionate and professional representation to clients like Jennifer is part of our mission here at The Law Offices of Gary S. Dolgin.

We understand that people going through divorce may be intimidated and need strong representation to protect their rights, and that is what we strive to do.

If you are looking for an experienced and knowledgeable divorce attorney in Tampa to represent your best interests, you can count on Gary Dolgin to help you.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To see what past clients have to say about retaining Gary Dolgin to represent them during their divorce, and to learn more about divorce, visit:
Best Divorce Lawyer in Tampa – Gary S. Dolgin

The court may terminate an alimony award upon “specific written findings” that a “supportive relationship” exists between the recipient spouse and the person with whom the recipient spouse resides and to whom the recipient spouse is not related.

It is the payor spouse’s burden to prove by a preponderance of the evidence that a supportive relationship exists.

Previously, it was generally improper for the court to terminate alimony if the recipient spouse was cohabiting with another person, Buscemi v. Buscemi, 610 So.2d 674 (Fla. 2d DCA 1992), although the court could enforce an agreement that contained a cohabitation clause, Robinson v Robinson, 788 So.2d 1092 (Fla. 4th DCA 2001).

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

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

Before ordering “electronic communication,” as defined in F.S 61.046(5), a court must consider if it is in the best interest of the child; whether the equipment or technology is affordable and accessible to the parties; the parties’ history of domestic violence or substance abuse; and any other factor the court deems material.

The court may also set safeguards or guidelines for such electronic communication.

The court must allocate the expense of the electronic communication.

Each parent must provide the other parent the access information (e.g., email address, webcam information, telephone number) and notify the other parent of any change within seven days.

Electronic communication may not be used to replace face-to-face parenting time.

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 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