Nick Felzen, a Miami attorney, has contributed the information below regarding the eviction process. If you are being evicted from your home due to the divorce process you should consider contacting an attorney who is familiar with landlord/tenant matters.
HOW TO SERVE
THE NOTICES:The Landlord or Property Manager may either hand the Notice to an adult who lives at the property and is named under the lease OR Post the Notice on the door of the property.
A proper 3 day Notice is crucial to a successful Eviction Action. Make sure to address all adult occupants under the lease in the Notice. Date the Notice on the day that you serve it. Fill in the exact amount of Rent owed. Fill in the expiration day but remember that the Notice does not count the day of delivery and will expire on the 3rd business day which excludes Saturdays, Sundays and Legal Holidays. Remember to fill out the Certificate of Service upon posting the Notice. Copy the Notice and keep the Original in your files. Post the Copy of the Notice on tenant's door.
IF THE TENANT
ATTEMPTS TO PAY:The Tenant has the absolute right to pay you the FULL amount of rent due within the time frame of the 3 business day notice. You must accept the rent if it is offered to you within the 3 day period and if it is a FULL payment offer. If the 3 day time period expires or it’s only a partial payment offer, you can refuse the rent payment offer. Please note that once payment is accepted, landlord may have waived his rights to evict the tenant until the next non-payment period.
CAN THE TENANT FILE BANKRUPTCY AND STOP THE EVICTION:
The Tenant can file a Bankruptcy case at the Bankruptcy Court that automatically stops the Eviction case in its tracks. This postponement or Automatic Stay of the Eviction case will continue until the Landlord’s Attorney files a motion to lift said automatic stay and the Judge gives permission for the Eviction to proceed.
HOW TO PLACE CLAIM ON SECURITY DEPOSIT:
Upon the Tenant’s vacating of the premises for termination of the lease, if the Landlord intends to impose a claim on the Security Deposit, the Landlord shall have 30 days to give the Tenant written Notice by certified mail to the Tenant’s last known mailing address noticing the Tenant of the Landlord’s intention to impose a claim on the deposit.
For more information you can visit Nick Felzen's website at http://miamievictionattorney.com
Please help me pick out a logo by telling me which one you like most and what changes you think I should make. Tell me the letter and whether you liked the left or right side more. You can email me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or comment below.
Thank you for your help.
Tax Implications Related to a Divorce
Obtaining a divorce invariably involves tax implications to both the husband and wife. Most obviously and rather significantly in terms of tax consequences, both the husband and wife will no longer be entitled to the "married filing jointly" status for the tax year in which the divorce was finalized.
"Head of Household" Status
A taxpayer who remains married but is separated from his/her spouse for at least 6 months and whose household is home for a dependant child is eligible for head of household status.
How is Alimony Taxed
In general, if you are paying alimony then you can deduct it from your income. Often this is a benefit to both parties because the person paying alimony generally is in a higher tax bracket then the person receiving it. Divorce lawyers will often explain this advantage when they try and justify that you can afford to pay more alimony. This rule allows you to shift the tax burden from the high tax bracket person to the lower bracket person.
Note: Even though by default alimony is deductible to the person paying it and taxable to the person receiving it, you can change who is taxed by agreement of the parties in your marital settlement agreement.
How are Child Support Payments Taxed
Child support payments are not tax deductible. You should consult with an attorney to determine what your child support obligation will be.
A caveat: Any unusual situation may well justify a consultation with a tax professional in order to fully comply and to receive the full benefits of the Tax Code.
