by Sabina Tomshinsky | Jan 20, 2016 | Articles, Information, News
Engagement rings are considered conditional gifts given in contemplation of marriage. When the engagement is broken off and the marriage does not take place, the one who gifted the ring is typically entitled to recover the ring. However, there are circumstances when...
by Sabina Tomshinsky | Dec 17, 2015 | Articles, Information, News
The Florida’s Health Care Surrogate Act has undergone changes that took effect on October 1, 2015. One of the changes is how a health care surrogate may now act at any time and not just when the principal, or a competent adult who executes an advance directive and on...
by Sabina Tomshinsky | Nov 30, 2015 | Articles, Information, News
Both parents have a legal obligation to financially support their child(ren). Even when one parent is not employed, that parent still has an obligation to support his or her child(ren). Typically, child support is addressed as part of a dissolution of marriage action...
by Sabina Tomshinsky | Oct 31, 2015 | Articles, Information, News
Pursuant to Section 1.360(a)(1) of the Florida Rules of Civil Procedure, “[a] party may request any other party to submit to examination by a qualified expert when the condition that is the subject of the requested examination is in controversy.” Fla.R.Civ.P....
by Sabina Tomshinsky | Sep 30, 2015 | Articles, Information, News
Section 382 of the Florida Statutes is a guide for parents in the naming of their child(ren). For example, the requirements on naming a child differ, depending on whether the parents are married or unmarried. Section 382.013(2), Florida Statutes (2015). If a mother is...
by Sabina Tomshinsky | Aug 31, 2015 | Articles, Information, News
Unless the parties can agree on the issue of alimony, when alimony is before the Court, there is first a determination on whether there is actually a need for alimony by the requesting spouse and ability to pay such alimony by the other spouse. To that end, the...
by Sabina Tomshinsky | Jul 31, 2015 | Articles, Information, News
If you are divorcing with children or are going through a paternity action, a parenting plan will be established and ratified by the Court. The Court’s ratification makes the parenting plan a Court order that a Court can enforce through contempt. However, quite often...
by Sabina Tomshinsky | Jun 30, 2015 | Articles, Information, News
If you are a tenant who is residing in a foreclosed property or a purchaser of a foreclosed property, then you should be aware of the newly created Section 83.561, Florida Statutes. Section 83.561 governs the actions of a purchaser taking title to a...
by Sabina Tomshinsky | May 31, 2015 | Articles, Information, News
A will is one of the primary estate planning tools that passes property to the designated beneficiary(ies). A will, of course, is an instrument that controls the disposition of the testator’s property after his or her death. There are several types of property that...
by Sabina Tomshinsky | Apr 28, 2015 | Articles, Information, News
When you draft your trust instrument, it is crucial to ensure that trust modification, including trust termination language, is part of the trust agreement in order to enable the trustee to make all the necessary modifications and amendments to reflect the settlor’s...
