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During the divorce process, your own non-marital property must be protected. Division of marital property is quite different from enforcing your rights to your own non-marital property. Non-marital property is generally that property that you owned before the marriage. Another form of non-marital property is property that you inherit or is gifted to you (not by your spouse) during the marriage. It is important to clearly identify this property and have it recognized as non-marital, or else your spouse might unjustifiably acquire an interest in your property. This area of law can become quite complex. For example, difficult questions arise when your property is commingled with marital property. This creates what is called a "tracing" problem and sometimes requires the services of a forensic accountant to assist your family law attorney. Examples could be bank accounts, stock brokerage accounts, IRA's and 401(k) accounts. Only an experienced family law attorney will be able to give you proper advice on how best to protect your property from unjustified claims by your spouse.
A spouse who does not make timely support payments can have his or her wages garnished through the Florida Child Support Enforcement Department. The court orders that alimony be automatically taken from the paying spouse's paycheck. The court can also order that the paying spouse give the alimony payments to the Support Enforcement Department, which will give the money to the receiving spouse. The department acts as a third party which manages the collection and distribution of support payments on a statewide basis. If the paying spouse of child support or alimony fails to make timely and sufficient payments, the court can suspend the paying spouse's driver's license.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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