Joe Benson

LET US HELP YOU THROUGH THIS DIFFICULT TIME. YOUR RIGHTS WILL BE PROTECTED AND YOU WILL HAVE NO DOUBT THAT WE ARE ON YOUR SIDE.
Benson Trial Group is a locally owned and operated law office that's located in Sarasota, FL. Serving from Bradenton to Venice, FL.

If you need assistance with a family law matter, contact us to set up a FREE initial consultation. 941-960-2610.

I was born and raised in Northern Virginia, specifically in Arlington. My academic journey began at Mount Saint Mary's College in Emmitsburg, Maryland, where I attended on a tennis scholarship. Being the youngest of five children and the only one among my siblings to attend college, I have a deep understanding of the challenges faced by hardworking parents. After completing my undergraduate studies, I proudly served our country by enlisting in the United States Navy as a Hospital Corpsman. My service included time at the Marine Corps Bootcamp at Parris Island, the Marine Corps Air Station, and the Naval Hospital in Beaufort, South Carolina.

Following my military service, I pursued a legal education at Barry University in Orlando, Florida. During law school, I achieved several accolades; I was on the law review as the Lead Article Editor, participated in Moot Court, and was a member of the State recognized Trial Team.

For over 20 years, I have been dedicated to advocating for the rights of parents and consumers. As a litigator and a fighter, I prioritize listening to my clients' needs. At Benson Trial Group, based in Sarasota, FL, and serving areas from Bradenton to Venice, FL, you will always have direct access to your attorney. Unlike many other law firms where clients often find themselves communicating more with the secretary or receptionist, here, you can be confident that you will always be able to speak with me directly. You can rest assured that your rights are being vigorously advocated for and that your voice is heard in court.

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Florida

The Florida Bar

Since 2003

Barry University Dwayne O. Andreas School of Law

J.D.

2003

Honors: Law Review, Moot Court, Trial Team

Q. Can I sell possessions to pay bills because no money is being given to support the kids

January 30, 2025

A: Typically, if you are in need of financial support to pay your bills and take care of your children and your husband is contributing or providing financial support, then you are forced to request through the court either temporary child support and/or spousal support. The amount of child support will be based on several factors: each of your incomes, who pays for the child's health insurance and most importantly the number of overnight timesharing days each party is exercising (to name a few). As for spousal support, this will be determined by you showing a financial need for help from your husband (that amount of money you need to break even at the end of the month). You would show what your monthly bills are, which includes food, gas, phone, mortgage, etc.., and then how much you make each month. If the amount you make is not enough to cover your monthly bills, then that amount is what you NEED to break even and would be able to seek that amount from your Husband as temporary spousal support.

However, you would have to show that after your Husband does the same analysis (his bills and his income) he has money left over at the end of the month, then that amount is what would be available to be applied towards your need. Typically, your spouse will cry poor and the fight comes down to proving that he actually does have money he could be contributing towards your need.

IF, after the analysis your husband does not any money left over to contribute towards your need, then you could file a motion with the court to allow you sell marital property and use those funds to live off of, but that would require a hearing with the Judge. Non-marital property (that property that was purchased prior to marriage for you), normally you would be able to dispose/sell without a problem. BUT, if there is a disagreement on whether the property is marital or non-marital then the safe route is to go to the Judge and have him make a determination about whether an item is marital or nonmarital and have the Judge authorize the sale of that item(s) and what you are able to use that money for. Best of luck. ... Read More

Q. I’m going through a divorce after 15 years of marriage, and I have some questions about how to navigate it.

January 20, 2025

A: As to the five topics you referenced (Custody & Support, Financial matters, Alimony, Life Insurance & Car, and Legal protection), you are free to enter into any agreement you like that addresses these topics. But beware, once you agree to the terms you are bound by them and cannot cry unfair later. This is why it is very important to get all of the facts/information first so that you can make a well-informed decision.

Without knowing the incomes of each party no one can tell you whether the child support (CS) amount he is offering is fair or equitable. CS normally is not left up to the parties to decide (unless the amount is more than what the child support guidelines says it should be). The child support guidelines are not flexible, it is a computer-generated figure based on several factors, most important are the party's incomes and the amount of timesharing (overnight) that each parent will be exercising.

Any time one spouse is offering to give you half of the non-marital house and give you cash and pay for a new car, flags should be going off that he does not want you know his true financial status. Is there a retirement plan, an IRA, investments, other checking/savings accounts, bonuses, etc..? Unless the offer he is making is too good to pass up and it would have to be really good then I would strongly suggest that you get full financial disclosure from first before making any decisions.

As for foregoing the parenting plan or court ordered support, well a parenting plan will be a requirement the court will demand to conclude your divorce. The support falls into the category of getting all of the information first before making a decision. Best of luck. ... Read More

Q. she makes 26,600 a month i make 4500 a month Does the extra 5% for income over $10K apply to my case? in Florida,

January 20, 2025

A: I need a bit more information on what you are trying to determine. What do you mean the extra 5% for income over 10K applying to your case? Has child support (CS) been determined by the courts? If so, then any substantial change in circumstances (financial in your case) would be grounds for modifying the calculations. If not, then the calculations are based on the child support guidelines which takes into account each party's income and the amount of timesharing (overnight) that each party is exercising, among other factors.