Ryan Fasso Law

01/22/2021

CONSIDERING STEPPARENT ADOPTION?

We at Ryan Fasso Law recognize what an important step it is when the spouse of a parent decides to share in the legal responsibility of raising children. Attorney Ryan Fasso represents spouses who wish to legally adopt their stepchildren.

Most stepparent adoptions require the services of a lawyer who is familiar with the statutory and filing requirements involved in the process. If you are married to the parent of a minor child, you are most likely already helping raise and support your spouse’s son or daughter.

In Florida adoptions, the spouse who is trying to adopt is referred to as the “petitioner” and the absent or adverse parent is referred to as the “respondent”. In order for a petitioner to legally adopt a child or children in Florida, one of the following conditions must exist:

-The respondent is deceased.

-The respondent has failed to maintain a relationship with the child or children and/or has failed to financially support the child or children. In essence, the absent parent has abandoned the child or children.

-The respondent has abused or neglected the child or children.

-The respondent voluntarily signs a consent form agreeing to the stepparent adoption.

If both parents are actively involved in the child or children’s lives, then the only way to successfully petition the Court for a stepparent adoption is to have a signed consent form from the respondent. If the above criteria are met, the Court will issue a judgment granting the adoption.

Whether you are a couple trying to adopt a child or a stepparent who is attempting to assume the legal rights and responsibilities of a parent, Attorney Ryan Fasso can help. Your best chance of success with adoption litigation comes with an experienced litigator.

Author:

Ryan T. Fasso, Esq.
ryanfassolaw.com
(813) 856-6038

Reference: Chapter 63, Florida Statutes

02/27/2020

Military Divorce in Florida

All divorce matters are unique, however divorces that involve an active member of the military have special requirements and laws that apply. Here is some useful information common in a Florida military divorce:

Delay of Divorce Proceedings
The Servicemembers Civil Relief Act (50 USC section 521) protects soldiers and sailors in active duty from default judgments in all civil actions or proceedings (including divorce). If you are filing for divorce, you must inform the Court if the opposing party is an active member of the United States military. Once notified that your spouse is on active duty, a Court may stay the matter for the length of the active duty and for a maximum of 60 days following the end of active duty.

The stay period allows the active member of the United States military to return home from deployment and take 60 days to retain legal counsel and file an answer to the divorce petition. It should also be noted that active members of the United States military must receive personal service of the divorce petition filing. This can often be challenging if the person is abroad or overseas. However, if the divorce is uncontested, the service requirement may be waived.

Child Support and Alimony
Child support in a military divorce case is calculated in the same manner as all divorce cases in Florida. Child support is calculated by use of Florida’s child support guidelines worksheets, which considers each party’s income, daycare expenses, and health insurance costs. Alimony is primarily based upon one party’s need for spousal support and the other’s party’s ability to pay. Florida law mandates that combined child support and alimony orders may not add up to more than 60 percent of a military member’s monthly allowances and income. With a valid court order, the civilian spouse may be able to have child support and/or alimony subtracted from the military pay and sent directly to them by the Defense Finance and Accounting Service (DFAS).

Military Benefits
The Uniformed Services Former Spouses’ Protection Act (USFSPA) applies only to spouses of a military member in marriages that lasted for at least ten years during the active military service (which also must have lasted at least ten years). This is commonly referred to as the 10/10 Rule. In such cases, this law protects the civilian spouses by affording them a certain percentage of the military spouse’s retirement benefits as part of the equitable division of marital property. As with support, the civilian spouse may receive their portion of the retirement benefits directly from DFAS.

Attorney Ryan T. Fasso has extensive experience handling all divorce matters, including military divorces.

If you are in need of a free consultation, please call attorney Fasso today at (813) 856-6038.

06/13/2017

Ryan Fasso Law Office is Now Open!

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06/05/2017

Hello everyone! Welcome to Ryan Fasso Law! We are now fully operational and servicing the diverse needs of our clients. We concentrate our practice on both criminal and civil litigation, with a specific focus on criminal defense, family law, and foreclosure defense. We represent clients in all surrounding counties of the Tampa Bay area. We are proud supporters of the Bay Area communities and the Tampa Bay Lightning. [ 53 more words ]

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Hello everyone! Welcome to Ryan Fasso Law! We are now fully operational and servicing the diverse needs of our clients.…