One of the first things a court is called upon to do in a divorce is to determine what is and what is not part of the marital estate, that is, what things are subject to distribution to the spouses. As a general rule, all property acquired by either or both spouses, and all debt […]
Parental Responsibility
In Florida, parenting plans must address parental responsibility and timesharing independently. So what is parental responsibility in the eyes of Florida courts? Simply put, parental responsibility refers to the authority parents have to make decisions that affect a minor child’s life. Generically, this can refer to everything from bed times and meals to religious affiliation […]
Attorney’s Fees And Cost In Family Law Proceedings
If you are a party to a divorce or post-divorce proceeding, or are contemplating filing such a case, you should consider the issue of attorney’s fees. Depending on the factual circumstances of your case, a trial court may have authority to order you to pay a portion or all of your spouse’s attorney’s fees and […]
Unmarried Biological Fathers: Preserving Your Parental Rights
A man who has had sexual intercourse with a woman to whom he is not married should understand how to protect his parental rights in the event of a pregnancy. The laws in Florida that apply to such circumstances are found in the Florida adoption statute, Chapter 63, which established the putative father registry. The […]
Child Support
Child support in Florida is a legal duty paid by both parents. The child support is not for the personal use of the receiving parent. It is the child(ren)’s money and is to be used for their use only. The parents that are involved in the divorce/paternity action do not have the right to waive […]
Dividing Marital Property – Part II
Recently, we spoke of QDROs as a tool used to distribute retirement accounts. Another tool that is less often used is known as an immediate offset. It is less often used because there must be other assets of similar size that one can use to offset the retirement plan. Consider the following example ITEM […]
Dividing Marital Property – Part I
A common question we get about splitting up “stuff” is: Do we each get half of the marital assets? Florida law says that the starting point for dividing marital property, assets, and liabilities is 50-50, but 1) there are many exceptions to that law, and 2) individual assets and liabilities sometimes cannot be divided. Consider […]
Parenting Plans – The Difference Between Parental Responsibility And Timesharing
If you are facing divorce and have children, you will need to create a parenting plan that complies with the laws surrounding shared parental accountabilities. This plan must consider three main areas: child support, timesharing, and parental responsibility. In the state of Florida, parenting plans must address parental responsibility and timesharing independently. Parental responsibility deals […]
Alimony In Florida, A Thorny Issue
The Florida legislature enacted Florida Statutes, Section 61.08, to give trial courts the discretion to award alimony to either party in the appropriate dissolution of marriage case. However, the legislature established limits to the trial court’s discretion in awarding such alimony. Foremost, to get alimony in Florida, the trial court must make a specific factual […]
Florida Child Support Laws
When a couple separates and has children together, it is urgent that the father seek advice from an experienced father’s rights attorney as soon as possible. Child support is a legal duty that is paid by both parents and, under Florida child support laws, the obligation to pay child support begins immediately upon the separation […]