July 2023 Newsletter

July Recap

🌭Welcome Clair Kirk and Tanner Kelly, our newest paralegals, to the KDK Team. We look forward to working with you.

🌭 Congratulations to K. Dean Kantaras for being selected to Super Lawyers for his 8th year in a row! This peer designation is awarded only to a select number of accomplished attorneys in each state. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors.

🌭 Good luck to all the candidates that took the Florida Bar exam this month!

🌭 KDK is a proud supporter of the Man Up and Go Charity. This charity does work in helping men step up to their responsibilities in their families. It also helps mentor young men that have recently aged out of the foster care system.

🌭 KDK is a proud supporter of Bay Area Legal Services. They are a nonprofit law firm that provides Legal Aid/services to residents in the Tampa Bay Area. They also assist domestic violence survivors, veterans, seniors and more. To learn more please visit their website: www.bals.org.

"There will never be a right time. Stop waiting and start doing"

-Mel Robbins

We hope you and your loved ones had a happy and safe 4th of July!

Contemplating Alimony

By K. Dean Kantaras and Briana Texter

When parties begin a dissolution of marriage, there is no doubt that their lives are about to change. During most marriages, finances are deeply intertwined to support the family. Upon dissolution, this support structure changes immensely. Sometimes in marriages, the parties will earn significantly different incomes. For instance, the wife might earn the income for the family, and the husband might support the family affairs as homemaker. Upon separation and divorce, sometimes an issue arises because all members of the family need support, but there is only one member of the family who earns an income.

In situations like these, there is a heavily litigated and argued concept called alimony. There are several forms of alimony, such as durational, rehabilitative, permanent, and bridge-the-gap. It is often the case that one spouse will be obliged to pay any of the above-listed forms of alimony as spousal support. However, there is a process the parties must go through to establish this alimony obligation.

Please note the above is an article that was written in June. Since publication of this article, a new law was passed July 1st, 2023 regarding Florida Statues 61.13, 61.08, and 61.14. Please see below for the updated information.

July 2023 Amendments to Family Law Statutes and What This Means for You!

Florida’s legislature has adopted changes to both 61.13 and 61.08 statutes, which involve timesharing and alimony.

Florida Statute 61.13 governs the parenting and timesharing of minor children. Up until July 2023, there was no presumption relating to timesharing. Pursuant to the updated bill, CS/SB 1416, “there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” Fla. Stat. 61.13 (2023). This means, in addition to the enumerated factors in 61.13, the Court now set a standard which presumes equal timesharing with both parents is in the best interests of the child. If a parent is seeking more (or less) than equal timesharing, the Court must be presented with evidence to rebut this presumption. Specifically, “a party must prove by a preponderance of the evidence that equal timesharing is not in the best interests of the minor child.” Fla. Stat. 61.13 (2023).

Florida’s legislature also made amendments to statutes 61.08 and 61.14, alimony and spousal support.

The amendments to statute 61.08 removed the Court’s authority to grant permanent alimony, added restrictions to the time frame of other forms of alimony, allowed the Court to consider adultery of the spouses, and added requirements to order a life insurance policy, among other updates. Fla. Stat. 61.08 (2023).

The amendments to statute 61.14 involve the enforcement and modification of spousal support and alimony. The amendment states that the spouse paying alimony must “prove, by a preponderance of the evidence, that a supportive relationship exists or has existed in the 365 days before the filing of a petition for dissolution of marriage, separate maintenance, or supplemental petition for modification.” Fla. Stat. 61.14 (2023). This considers a party’s possible receipt of support from another person or relationship when establishing, enforcing, or modifying a spousal support obligation with their soon-to-be ex-spouse. Pursuant to paragraph (f), the Court must now consider a spouse’s contribution to the other’s business or employment; specifically, the Court must consider “the extent to which the oblige or the other person has performed valuable services for the other’s business entity or employer.” Fla. Stat. 61.14 (2023). This means that a party’s aid, employment, or work completed on the other party’s business is considered by the Courts in support of a factor relating to modification of alimony.

If you have questions regarding these changes, please call us for a consultation 813-755-4300 or 727-781-0000.

Can a Florida Court Order Alimony Payments After Divorce or Separation?

What Our Clients Are Saying⭐⭐⭐⭐⭐

I went to 4 divorce attorneys before hiring Dean and Stephanie to try an terminate my alimony. Other attorneys told me either I had no case or I’d should be paying more. Long story short, because of their extreme knowledge of the law we were able to get my ex wife to accept a settlement for 90% less than she wanted. I am finally a free man! No one knows the law better or will fight harder for you! No one.

-B.S.

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Glad I found your firm to guide me through this difficult process.

-A.E.

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Associate Attorney, Briana, is very knowledgeable and exceptional at her skill and craft. Knows the law to protect her clients from a great leader, Dean.

-R.Q.

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Amazing team!!! They have so so much care and compassion for their clients. Especially Brittany and Bruna, they are the best. With them you are not just another case, they guide you through each step and keep you informed all the time. Anytime we had a question they will always respond right away, and be so helpful, which helped me so much to be relaxed throughout the whole process. They care so much. They did an outstanding job with helping me and my husband and our case with immigration, for my green card, quick and so efficient. I’m so so grateful and thankful to these ladies that words can't even express it, and how much I appreciate all their hard work. And we are most definitely going to be calling them back when the time comes for me to apply for my 10 years green card.

-M.Z.

WE ARE SCHEDULING FAMILY LAW MEDIATIONS!

K. Dean Kantaras is a Board-Certified Attorney and is also a Certified Family Mediator. He is 1 of only 273 Board Certified Attorneys in Marital and Family law out of over 107,000 attorneys licensed in Florida, with 30 years of experience.

We appear via Zoom or in person.

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Contact Us

To schedule an initial consultation, contact our office at 813-755-4300 or 727-781-0000. If you have a question about any family, divorce, or immigration legal matter, please do not hesitate to call. If we cannot assist you, we will put you in touch with a trusted colleague who can.