Alimony and Tax Reform

Currently, there is a lot of buzz and even more questions related to the new tax bill and how it impacts alimony. As it stands now, the House Bill would revoke the alimony tax deduction from 2018 moving forward. To review the language please follow this link to pages 122-126: The Senate bill does not […]

Myth #6: “I am Entitled to 50% of the Assets!”

Florida is an equitable distribution state.  This means the court will “equitably” distribute the parties’ assets and liabilities, this does not mean the court will “equally” distribute parties assets and liabilities.   Assets and liabilities are deemed marital if they are acquired between the time period from when the parties get married to when one party […]

Divorce Myth #5: “The law requires that I get equal timesharing with the my kids!”

This is a very common misconception.  Although the courts lean towards equal timesharing between parents, there is nothing written in the law that requires each parent to have equal timesharing, nor is there a presumption in favor of equal timesharing. In my view, the court generally starts out believing each parent should have equal time […]

Divorce Myth #4: “If I go to court, I will get the justice I deserve!”

Before you try and seek justice in the courts, keep in mind that many Judges in South Florida are overwhelmed with 1,500 – 2,000 cases going on at the same time.  Judges work very hard to do the right thing for  families, and they take that responsibility very seriously.  However, Judges will tell you that […]

Divorce Myth #3: “An Affair Impacts Alimony”

Florida is a no fault state; this means that judges generally do not care who did what to whom, unless there is a child involved.  Although the alimony statute does list adultery as a factor, it rarely, if ever, has an impact on support payments.  Adultery may have an impact on property distribution. In Florida […]

Divorce Myth #2 “I have to be the one to file first!”

There is a misconception about what happens if you file for dissolution of marriage first.  Filing your case before your spouse only means that you are now the Petitioner, therefore, if your case goes to trial, the Petitioner will present their case first.  Attorney’s fees are generally based on need and ability to pay in […]

Divorce Myth #1: Hiring an Attorney: “I need a bulldog!”

The need for a “bulldog” is something we hear a lot in family law; things like “I want him/ her to suffer”, “I want more than the law will give me”.  Be very careful what you wish for.  When you hire that “bulldog”, make sure you know how much more you will pay that lawyer […]

Review the article by Samuel R. Troy, Esq., in a recent Florida Bar publication

Located on Page 21 of the Commentator, a Florida Bar publication, Mr. Troy discusses the obstacles and solutions to the income disparity issue in the family courts. Follow the link here:  https://familylawfla.org/wp-content/uploads/2017/02/Fam-2017-Winter-Edition-FINAL-web.pdf

Super Lawyer 2017

Samuel R. Troy was once again selected by his peers as a Super Lawyer for 2017