Firm Overview

 

We concentrate exclusively on divorce and family law cases in my practice.  I have handled cases in virtually every area of family law including both contested and uncontested divorce cases, child custody and child support issues, enforcement of final judgments, termination of parental rights and domestic violence problems, among others.  Each of these areas presents its own unique challenges and even the smallest mistake made in any of these areas may cause major problems for you in the future.

 

In order to insure the best possible representation for my clients, I limit the number of cases I handle at any one time, so that each case is handled with the attention and dedication you deserve.

 

We approach each client's case as the completely unique problem that it is.  I assess your particular factual situation, and your specific goals and objectives, and then we work together to develop a legal strategy that will allow us to accomplish those goals.

 

We will also work with you to develop a Life Reorganization Plan that will assist you in dealing with the changes that come with divorce or other family law legal problems.  I know from personal experience that going through your divorce is probably the hardest thing you will ever have to do.  It is a difficult, emotionally challenging and expensive process. You are effectively re-organizing your entire life, ready or not.

 

Our philosophy in assisting my clients through the re-organization process is to approach each case with professionalism, integrity and compassion.

 

I am committed to making the best possible use of my talents and your resources so that we achieve the best result without wasting your time, money or assets. Even more importantly, I also seek to bring about legal conclusions and results that are solutions to your problems that will actually work in the real world.  

 

 

 

Gary E. Williams, Attorney at Law

Attorney Profile

Professional Experience 

 

I opened my own law firm because I believed that a focusing solely on family law cases would allow me to develop the systems and procedures necessary to better assist those of you facing a divorce or other family law problem.

 

Before opening my own firm, I was a founding member of the firm of Fitzgerald-Williams, Attorneys and Counselors at Law, PL and represented clients in the areas of Family and Elder Law.  

 

I also spent three years as a litigation support specialist for Catherine W. Real, one of Tampa's premier family law attorneys.  As a litigation support specialist, I was extensively involved in managing Ms. Real cases, and in preparing those cases for hearings, depositions and trials. I also assisted Ms. Real in preparing discovery request and financial affidavits for clients.  I also acted as the Law Firm's Administrator and was responsible for the day to day management of the firm.

 

And before becoming a lawyer, I spent 25 years in the mortgage banking industry. So I have extensive experience in understanding the personal financial, credit rehabilitation and budgeting issues that newly divorced people frequently face.

Education and Memberships 

I received my Law Degree from Stetson University College of Law in Gulfport, Florida where I was honored to receive the Dean's Award for Outstanding Service, be named to Who's Who Among University and Colleges and serve as a member of the Moot Court Board and as a

Justice on the Honor Court.

 

I also hold an MBA from the Florida Institute of Technology where I graduated Magna Cum Laude, and a BA in Business from Eckerd College, where I also graduated with honors.

 

I am a member of the Florida Bar, the American Bar Association, the St. Petersburg Bar Association, the Clearwater Bar Association, the American Trial Lawyers Association, the

Florida Trial Lawyers Association and Guardian Ad Litem.  I am authorized to appear and practice before all of the state courts of Florida and before the Federal Courts of the Middle District of the state of Florida.

 

 

 

 

 

 

 

Real Life Experience 

 

I have been divorced, more than once, and I have survived almost all of the various types of cases.   Simple negotiated divorces, complicated business divorces and a divorce that involved a difficult and protracted custody fight.   I have also been a divorced single father faced with raising a young child on my own. So, I have personally experienced the emotional and financial upheaval that comes with going through a divorce.  I have been the client, the one who was writing the checks to the attorney, the one who was trying to balance a life, a child and a legal case all at the same time.

 

I understand the very real stress, anxiety and frustration that comes with having to reorganize your entire life while dealing with a family law judicial system that seems slow and cumbersome.

 

I believe that in order to represent someone in a family law case well that it is vitally important that your attorney have the real life experience of going through what faces you, if they are going to be able to understand your true needs and motivations, rather than just the legal aspects of your divorce.

 

This real life experience is why I tell my clients that I am their family law lawyer. I understand what you are going through, and I will be here to help you through it.

Practice Areas

a.         Divorce

 

Divorce, child custody, child support, alimony, division of assets, enforcement, post-decree modifications, appeals - each of these areas presents its own unique challenges and even a small oversight can have major ramifications on your future.

 

It is important to remember that divorce is not just a legal problem. Divorce affects every part of your life.  You are single rather than married.  Your financial status changes, your relationship with friends, parents, in-laws and even your own children changes.  Your residence may change, you own less property, less furniture and you have less money and income.  Your credit may be harmed.

 

If you are considering a divorce, you need to completely change the way you think and act.  First and foremost, you need to take care of yourself.  Your spouse will be operating only in his or her best interest.  You need to take steps immediately to protect your money and get control of your financial situation.  Even before you talk to your spouse about divorce issues, you should talk to an attorney.  Divorce is more complicated than most people believe.  I will help you understand the issues of your particular situation, protect your assets and document the property of the marriage so that you can obtain the settlement you deserve.

It is also critically important to remember that you have to live with the consequences of your actions during the divorce.  This is especially important when there are children involved.  It is my philosophy to attack the business aspects of the case while making sure the emotional aspects are dealt with sensitively and in an environment of respect and professionalism.

You are facing the reorganization of your family and your life.  It is my goal to get you to the other side of this crisis with the minimal amount of financial and emotional harm.

 

My objective is to be your lawyer for life.

b.         Alimony

 

The goal of alimony is to continue the standard of living established in the marriage.  Alimony is designed to assist the economically weaker spouse in making the transition from marriage to life as a single person by providing income to them after the marriage is dissolved. 

 

The amount and type of alimony is strictly determined by your individual situation and is very fact sensitive.  Some factors that go into alimony award determinations include: the number of years of marriage, the history of the marriage, the age of the parties, the employment history and skills of the economically weaker spouse, and other factors.

 

Alimony can take many forms including:

 

• Permanent Period provides for ongoing monthly payments until the death or remarriage of recipient.  Recent changes in the law allow modifications in cases of "cohabitation in a financially supportive relationship," even without remarriage. 

 

• Temporary Alimony is money paid to the spouse to provide support during the divorce.

 

• Rehabilitative Alimony is alimony paid to allow the spouse to gain new employment skills.

 

• Bridge the Gap Alimony is alimony designed to carry a spouse over for a shorter period of time so that they can reestablish themselves.

 

• Lump-Sum Alimony is awarded by a Court when ongoing monthly payments aren't a solution.

 

You can be assured that my experience with evaluating financial conditions will allow us to put forth your best claim or defense to alimony.

 

I take a creative approach to examining your case and your alimony claim in order to find ways to resolve issues surrounding alimony claims to your best advantage.  In some instances we can negotiate a settlement to a difficult alimony case by looking at alternatives to the standard alimony awards so that the financial deal makes better sense for both of the parties.  For example, while alimony is usually tax deductible to the payer and taxable to the recipient, that can be changed by agreement between the parties, so long as the proper notifications are made to the IRS.  I have used the transfer of the tax liability for the alimony payments as a way to solve complicated alimony claims under terms that everyone could live with.

c.         Child Support and Custody

 

Child Custody

Child Custody is one of the most challenging and difficult aspects of a divorce case.  When two parents who both love their children more than anything else must work through or litigate who those children will live with most of the time, it can be a terrifying, frustrating and difficult process.

 

I have survived such a custody fight.  I understand what you are going through, what you are feeling and what you want for you and your children.

 

Child Custody is actually known as Primary Residential Care, that is the "parent the children will reside with most of the time."

 

Shared Parental Responsibility is the legal presumption in Florida, meaning that the Court will assume that both parents should be actively involved in their children's lives, education, religious upbringing, health and welfare.  Shared Parental Responsibility is always granted unless one parent is truly unfit.  Otherwise you will be working with the other parent for years to come, jointly raising your child, regardless of who has Primary Residential Care.

 

Primary Residential Care is evaluated by the Court on the bases of several factors. The most important is which parent is most likely to foster a healthy, ongoing relationship with the secondary residential parent.  The Court will also look at the moral fitness of the parents, the educational and medical records of the child and the propensity of each parent to provide the necessities of life to their children.  The Court can also look at any other factor it deems important, which means that the Judge has wide leeway in making a decision as to what is in the BEST INTEREST OF THE MINOR CHILD.

 

The Best Interest of the Minor Child is the bottom line standard that the Courts consider in making custody determinations.  Many parents get caught up in what "they want" and what "they need" and forget that the Court only is concerned with what is in the Best Interest of their child.

Having been through a custody fight, and having seen the way judges make these decisions, gives me the ability to structure the right facts, evidence and testimony to give you the best possible chance to prevail in such a legal battle.

 

Additionally, when it comes to Negotiated Settlements, I focus on creative and alternative methods of creating a Child Custody arrangement that is workable, fair and in the Best Interest of the Minor Children.

 

Child Support

It is important to know that Child Support belongs to the children, it cannot be waived by the Primary Residential Parent.  Child Support is also statutory in Florida, meaning that the statute itself determines the amount of child support based on the net monthly income of the parents.

 

The most critical aspect of the preparation of the Child Support Guideline Worksheets for presentation to the Court is determining the net monthly income of the parents.  My MBA and financial background gives you the advantage in making sure that those calculations include the right amount of income for both of the parents.

 

Another important aspect of child support is determining who gets the tax deductions for the minor children.  This is an important aspect of negotiating a settlement or taking a case to trial.   My finance background gives me a good foundation on which to build legal arguments to get you maximum advantage of the dependent's tax deduction.

 

Parents have an obligation to support their children financially.  If you are having trouble with unpaid child support, I can help you enforce your award, collect past due child support and make sure future child support is collected promptly.  Similarly, if you are still paying child support for a child that is an adult, then call me to discuss what we can do to correct the problem and get things back to where they should be.

 

d.         Modifications

 

Final Judgments are not always final.  Circumstances change in life and people do not always do what they are ordered to do.  In either case, you may need an attorney to assist you in modifying your Final Judgment due to a change in circumstances or to enforce your Final Judgment to insure your ex-spouse complies with the orders of the Court.

 

Modification of a final judgment is available when there has been a change in circumstances, such as a relocation by one parent to another state, a change in the economic circumstances of one of the parties, or when the other parent is failing to meet their responsibilities under the Final Judgment.  Modifications may be sought for child support, primary residential care, parental responsibilities, visitation, relocation, even alimony.

 

A Change in Primary Residential Care is the most frequent form of modification I see in my practice. When the other parent is interfering with visitation, not paying child support, failing to comply with the requirements of Shared Parental Responsibility or is otherwise not complying with the Final Judgment then we can go back to the Court and ask them to modify the Final Judgment to put the parties in a situation better suited to the circumstances.

 

e.         Enforcement

 

There is absolutely no reason to sit and suffer while your former spouse ignores the Final Judgment. There are several different methods for enforcing Final Judgments.  Do not let threats or intimidation by your former spouse about what will happen if you go back to court stop you.  They are hollow threats.  When the law is on your side, you will find judges have little respect for people who violate court orders.

 

Any failure to comply with the terms and conditions of your Final Judgment can provide for justification for an Enforcement proceeding.  I can help you enforce your award and make sure your ex-spouse lives up to their legal responsibility.  Do not suffer in silence any longer.

f.          Appeals

 

Family Law Judges work hard to be fair, but family law is complicated and sometimes the Judge gets it wrong.   I review every one of my cases to see if an appeal is appropriate.   I can review yours the same way.   But you have to hurry.   Appeals must be filed in a timely manner or you lose the right to ever file one.

 

Appeals are complicated documents that require extensive writing and analytical abilities.  I think you will find that we do a very good job of presenting appeals to the District Court of Appeals at a very reasonable cost.

g.         Domestic Violence

 

Domestic violence happens to people in all walks of life, male or female, rich or not, educated or not, it happens.  And when it happens, the most important thing is to get it stopped - before someone suffers a serious injury or is killed.

If you have been a victim of domestic violence or you believe that you are in imminent danger of becoming a victim, get to a safe place and then call an attorney for help.  If you have no where else to go, you can go to the Spring Shelter in Hillsborough County, or to CASA in Pinellas County.

 

What I Do To Protect My Client

 

First, we design a safety plan for you, then I pursue a Temporary Injunction for Protection from Domestic Violence.  These temporary injunctions can be made permanent after a hearing, but the initial injunction can be obtained without a hearing at all.  Obtaining this injunction allows us to secure your safety, and the safety of your children, in your home and to protect you as much as we can by giving you the ability to have your spouse arrested for just coming near you.  Once you are safe, we can help protect you in other ways, including protecting your money and assets. 

 

I can usually obtain an Emergency Temporary Injunction for you on the same day that you call me.  It is important for you to remember that you do not have to wait until you have been harmed to get help.

 

I offer Free Consultations for domestic violence cases.  If you are afraid of your spouse, call me immediately and we will talk about what we can do to keep you safe.