Author: WB Admin

Hidden Income in Self-Employment Divorces

Self-employment can turn a Florida divorce into a numbers problem fast. A W-2 paycheck tells one story. A business bank account, credit card, and “write-offs” can tell another. When support or alimony turns on income, the court must separate real business expenses from personal spending that simply took a detour through the company.

This post explains how Florida defines business income, how “lifestyle” evidence can matter, and when a court may impute income if someone claims they earn less than they reasonably could.

Separate “Business Income” From Personal Spending Dressed as Expenses

Florida child support law counts income from self-employment and closely held businesses, calculating it by taking total revenue and subtracting only expenses that are reasonably necessary to generate that income.

That definition sounds simple, but disputes usually start here. A personal vehicle, travel, meals, or a home office can carry mixed use. The court can look past labels and ask a practical question: Did this expense truly help generate business income, or did it mainly support a personal lifestyle?

Clear records help. So does consistency between tax returns, bookkeeping, and what you list on your financial affidavit.

Use Lifestyle Evidence to Cut Through “Expense Noise”

Lifestyle evidence means proof of how someone lives; things like rent or mortgage payments, vehicles, travel, private school tuition, large purchases, or recurring transfers to savings. It does not replace financial documents. It supports them.

When a self-employed spouse reports low income but keeps spending at a high level, the other side often uses:

  • bank and credit card statements (personal and business)
  • payment apps and merchant records
  • loan applications and financial statements
  • business ledgers that show owner draws and reimbursements

This evidence can expose patterns like personal bills paid by the business, unusually high “business” reimbursements, or cash deposits that never show up on a profit-and-loss statement.

Know When Florida Courts May Impute Income

Imputed income means the court assigns an income level based on earning capacity instead of reported earnings. Florida law allows imputation when a parent’s unemployment or underemployment is voluntary, absent incapacity or circumstances beyond the person’s control. The judge can look at work history, qualifications, and local earning levels when setting a number.

Wickersham & Bowers handles Florida divorce matters involving support, custody, and financial disputes. Call 386-252-3000 or fill out our contact form.

Estate Planning for Owners of LLCs and Closely-Held Businesses

Owning a Florida LLC or closely held business adds a layer to estate planning that many standard wills and trusts do not cover. Your plan might say who inherits your ownership, but your operating agreement can control who steps into your shoes as a “member” (an owner with voting/management rights).

Florida law also treats a member’s death as a dissociation event unless the governing documents address what happens next. This post explains how to line up your estate documents with the business documents, so your family and co-owners do not face avoidable disruption.

Know What Transfers at Death (And What Does Not)

Florida’s LLC statute distinguishes a “transferable interest” from full membership rights. A transferable interest generally tracks the right to receive distributions, not the right to manage the company.

That distinction matters because a beneficiary who inherits an interest might receive money but still lack authority to vote, access information, or run day-to-day operations unless the operating agreement allows admission as a member. The operating agreement binds members and can bind transferees as well, so the document can shape outcomes even when someone never signed it.

Build Transfer Restrictions and Succession Rules That Match Your Estate Plan

Many agreements include transfer restrictions; for example, requiring approval before a new owner joins. Florida law supports these restrictions and can treat a transfer that violates them as ineffective when the person has notice of the restriction.

You can reduce friction by coordinating:

  • Operating agreement succession language: Admission standards for heirs, valuation method, and buyout triggers.
  • A buy-sell structure: Who can purchase the interest, timelines, and funding (often insurance).
  • Your will or trust: Who receives the interest and who carries authority to act quickly.

Florida law also lets a deceased member’s legal representative exercise the member’s rights to settle the estate, including any power the member had to give a transferee the right to become a member. Clear documents make that authority easier to use.

Call Us to Coordinate the Documents Before A Crisis

Wickersham & Bowers helps Florida clients build estate plans using tools like wills, trusts, and powers of attorney, and we also guide families through probate when needed. If you own an LLC or closely held business, we can review your operating agreement alongside your estate plan and flag gaps that could cause delays or disputes. Call us at 386-252-3000 or fill out our contact form.

Strategic Non-Disclosure in Divorce: How Hidden Financial Decisions Backfire in Court

Divorce brings enough stress on its own, and money is usually at the center of it. When someone feels cornered or worried about losing financial security, it’s easy to think that holding back information might help. Even minor omissions can create significant problems once the case reaches the courtroom.

Florida’s divorce process requires both spouses to exchange a complete picture of their finances. That means sworn financial affidavits, bank records, and tax returns. Judges rely on this information to make fair decisions. When one spouse hides income or moves assets around, it slows the case down and signals to the court that the person isn’t being straightforward. That’s a hard reputation to fix later.

Why People Hide Assets

People hide money for different reasons. They could be trying to protect a business or just angry and don’t want to share. In other cases, they assume their spouse won’t notice a transfer or a missing account.

But financial footprints are more complex to cover than most people think. Bank logs, tax documents, and digital payments usually leave a trail. When the other side uncovers something suspicious, the court may impose sanctions, reopen property division, or require the offending spouse to cover the other side’s legal fees.

What Florida Law Actually Requires

Under Florida Family Law Rule 12.285, both spouses must turn over specific financial documents early in the case. If one spouse files for temporary support, the court requires both sides to meet tighter disclosure timelines.

Courts take disclosure seriously. When a spouse drags their feet or withholds information, the judge can compel them to turn everything over, restrict what they can argue later, or impose fines. If the conduct looks deliberate, such as transferring money to a friend, things tend to go downhill quickly.

A Better Way to Handle Disclosure

The smoother path is simple: be organized and be honest. Pull together statements for accounts, property records, retirement balances, and any business documents. If you own a company, get a valuation early. When you’re upfront with your financial picture, your credibility increases, which is something judges notice.

Talk With Our Team

Divorce brings enough uncertainty on its own, and you don’t have to sort through the financial questions alone. Our team at Wickersham & Bowers is ready to help you move forward with confidence. Call 386-252-3000 or reach out through our contact form to get started.

Silent Conflicts: How Ambiguous Beneficiary Language Fuels Post-Death Lawsuits

Most families don’t expect a legal fight after losing someone, yet many disputes start with something surprisingly simple: unclear beneficiary language. A will or trust might look fine on paper, but once people start applying it to actual property, gaps appear. Those gaps often turn into full-blown lawsuits.

Where Ambiguity Creeps In

Most of these issues come from shortcuts, such as using old templates, relying on vague descriptions, or assuming everyone will “just know” what the person intended. For example, if the decedent had written “the family home” but owns more than one property, which one transfers? Similarly, if they say, “divide equally among my children,” does that include stepchildren, estranged children, and a child who passed away?

Blended families run into this all the time. A phrase that once fit the family may not fit it years later. If the document never gets updated, the wording stays frozen while the family situation keeps changing.

How Courts Approach These Disputes

When a dispute lands in court, judges start with the written document. They try to honor what’s on the page, not what family members believe the decedent “would have wanted.” If the language is unclear, courts sometimes look at outside evidence, including drafts, notes, and emails, but only to interpret the wording, not to rewrite it.

If the ambiguity is severe enough, a court may set aside the unclear provision entirely. When that happens, the asset follows default probate rules, which can send property to people the decedent never intended to benefit.

How to Reduce the Risk Before It Starts

Most of these problems are avoidable:

  • Use full legal names
  • Specify addresses
  • List account numbers when possible
  • Lay out what happens if a beneficiary dies first or chooses not to inherit
  • Update the plan whenever major life events occur

Working with an attorney who drafts with real-world disputes in mind can save surviving family members from stress, cost, and conflict later.

Talk With Our Team

At Wickersham & Bowers, we help clients put together estate plans that hold up when families need them most. If you’d like to review or update your documents, call 386-252-3000 or reach us through our contact form. We’re here to help you protect your plans and your family’s peace of mind.

Lloyd Bowers-2024 Tippen Davidson Award Winner

Join the Peabody Auditorium Foundation in congratulating Lloyd Bowers, PAF founder and Board Member, on receiving the Volusia County Cultural Alliance Tippen Davidson Award for the Arts. Please join us to honor Lloyd at the plaque hanging and presentation on November 18 at 3:00pm!

Lloyd Bowers has been a civil litigation and estate planning attorney for over forty years. He is a graduate of the University of Virginia, receiving both his undergraduate degree in Theater and his Juris Doctor degree from the School of Law.

Throughout his career, he has been an advocate for the arts. While in New Orleans, Lloyd was instrumental in creating the Volunteer Lawyers for the Arts project, which provided free legal services to both arts organizations and artists in the New Orleans community, and was named by New Orleans magazine as one of the City’s “People to Watch” for his impact on the arts.

In 1995, he moved to Daytona Beach, Florida, to practice law with Chris Wickersham, and formed the law firm of Wickersham & Bowers. After meeting Tippen Davidson, who encouraged Lloyd to join the Board of Trustees of Seaside Music Theater, he served for eight years on the board, both as Chairman and as the board’s leader on the Fund Development Committee. In 2002, he formed the Mystic Krewe of the 12th Night Revelers, which sponsors an annual Mardi Gras Ball to support arts and cultural organizations in Volusia County.

He has served on the Charter Review Commission for the City of Daytona Beach, and in 2012, was appointed by the Mayor as his representative to the Peabody Auditorium Advisory Board. In that same year, he was appointed by Volusia County Council Member Josh Wagner to serve as his representative on the Volusia County Cultural Council, and he continues to serve in both positions.

In 2011, he met with city officials to discuss the need for a separate non-profit organization to support the Peabody Auditorium, and through his leadership and the combined efforts of city and local volunteers, the Peabody Auditorium Foundation, Inc. was formed in 2015 to support both capital improvements and cultural productions at the Peabody. Lloyd served as the organization’s first president and continues to sit on their Board of Directors.

The Peabody Auditorium Foundation developed and sponsored the Centennial Renaissance Campaign, which raised a half a million dollars to support and upgrade the Peabody Auditorium in celebration of its 100 years anniversary. During the time of COVID, while the auditorium was dark, the Foundation entered into an agreement with the Volusia County School Board for “Youth + Art = Success” program, which annually provides free in-school professional children’s theater productions in elementary schools, produces two professional children’s theater productions for the public, hosts 200 high school students to attend the Broadway Series at the Peabody, and awards scholarships to high school graduating seniors who plan to enter a performing arts career.

He and his partner, Chris, are financial contributors to many arts organizations throughout Volusia County, and aside from his law practice, he volunteers his time to local arts organizations, and even occasionally comes out of retirement to “trod the boards” in local theatrical productions with his close friend, Julia Davidson Truilo.Bravo Lloyd! The Peabody Foundation and community couldn’t be more proud and thankful for all you do to keep the arts alive in Volusia County.

Parallel Parenting Plans: A Solution for High-Conflict Florida Custody Disputes

Not all custody arrangements work well when parents are locked in constant conflict. For families dealing with ongoing disputes over schedules, school decisions, or healthcare, parallel parenting offers a more workable option. 

Instead of trying to co-manage every detail, each parent handles their own time with the child independently. Communication is limited and often done through parenting apps. 

Parallel parenting allows high-conflict parents to disengage from one another while still focusing on their children’s needs. Ongoing parental conflict can cause serious psychological and social problems for children. 

What Is Parallel Parenting?

Parallel parenting is a structured approach used when co-parents struggle to communicate without conflict. Each parent sets their own rules and routines during their scheduled time, and direct contact is kept to a minimum, usually limited to email or co-parenting apps. The aim isn’t to foster agreement, but to shield the child from tension. 

In some high-conflict cases, a Florida court may appoint a parenting coordinator under § 61.125. That person, often a trained mediator or attorney, helps parents stick to the plan, resolve logistical issues, and reduce the likelihood of ongoing disputes affecting the child’s well-being or daily care.

How to Build a Successful Parallel Parenting Plan

A good parallel parenting plan removes as much guesswork as possible. Start with a schedule that leaves no room for confusion: 

  • Specific pickup times
  • Clear drop-off locations
  • Holiday rotation everyone can follow

Communication rules are just as important. Many parents choose a written method, like email or a parenting app, to keep conversations brief and focused on the children.

The plan should also spell out who makes which decisions. One parent might handle medical choices while the other manages school matters, or both may need to agree on major issues. 

Families change over time, so the plan should allow updates as children grow. Some parents eventually shift to a more cooperative style, while others rely on parallel parenting long-term when conflict remains high.

We’re Here to Help

Parallel parenting can give structure and stability to families dealing with ongoing tension. At Wickersham & Bowers, we work with parenting coordinators and mental health professionals to build plans that put children first. To talk through your options, call 386-252-3000.

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