When you are in the process of ending a relationship, it can be tempting to resort to name-calling and other behaviors that are not helpful to your situation. A common reaction to the stress of ending a relationship is to rename your former partner on your phone. While you may feel justified in assigning an […]
Category: Family Law
Understanding the UCCJEA in Florida
If you are a parent who is about to go through such proceedings as a divorce, a paternity action, or a post judgment case, then this blog is for you. Americans are a mobile people. We tend to move a lot. Whether that moving is for good reasons, or bad, the UCCJEA is something that […]
How To Make The Most of Mediation
Virtually all family law cases are referred to mediation prior to being able to go to trial. This means that whether you are involved in a divorce, paternity, or post-judgment case, you will likely find yourself in the position of attempting to negotiate a settlement with your ex. There Are 4 Outcomes To Mediation full […]
Tips On How You Can Minimize Your Legal Fees
In family law, many clients feel as though their legal bill arises simply from “pushing papers”. However, clients should understand that there are certain documents that are required by the Court before their case can move forward. Attorneys provide the client with the list of documents that they will need to complete within a certain […]
Modifying Final Judgments Part II:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. Last week, we discussed the fact that equitable distribution judgments are generally non-modifiable. This week we will examine modification of custody orders. Fla. Stat. 61.13(3) states, “…A determination of […]
What is “income” for purposes of child support calculations?
And how does Florida factor in disability benefits that go directly to the opposing party? First, F.S. 61.046(8) states, “‘Income’ means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, […]
Realistic Custody Expectations in Florida Family Court
Often, potential clients enter an attorney’s office with high hopes and lofty goals. Many want their “day in court” and do not wish to settle for less than 100% of their original goal. The reality is that the Court is not in business to make you happy. The Family Court is a court of equity. […]
Addie vs. Coale
Addie vs. Coale has a history in the 4th district. When it was first appealed, it was remanded for reconsideration of the alimony and child support aspects of the final judgment. On remand, the successor trial judge entered an alimony and child support award, but it was deficient in that findings were not made on […]
McGlynn vs. Tallman-McGlynn
In McGlynn vs. Tallman-McGlynn, we are reminded that if you include bonus income in your financial affidavit but want to argue that it should not be included in net income for alimony or child support, you should be prepared to present evidence supporting the claim that the bonus income is non-recurring. Also, the Former Husband […]
Lathrop vs. Lathrop
In Lathrop vs. Lathrop, the trial court rightfully awarded alimony, but it erred in requiring that the alimony be secured by life insurance. In the absence of special circumstances, a spouse cannot be required to maintain life insurance for the purpose of securing an alimony obligation. A final judgment of dissolution must set forth sufficient […]