In Forssell vs. Forssell, the appellate court reversed a non-final order suspending time-sharing because the trial court did not indicate what if any steps would be required of the father to reinstate his time-sharing. The appellate court also reversed and remanded an order denying the dismissal of a separate domestic violence injunction. Both parties requested […]
Tag: Family Law
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, […]
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 […]
“So you’re going through a divorce and you’re ready to start cutting ties with everything…don’t change anything just yet.”
Often times at the outset of a divorce, men begin wondering what to do regarding their home, their bills, their insurance policies, etc. They want to begin cutting ties with their old life and begin establishing a new one. More often than not, the appropriate course of action during the pendency of your divorce is […]
Parental Alienation
Parental alienation occurs when one parent takes steps to isolate the child through words and actions meant to damage or destroy the child‘s relationship with the other parent. These steps are often deliberate and malicious on the part of the alienating parent. Alienation often happens when parents are ending their relationship and can be committed […]
“I’m the child’s Grandfather/Grandmother, don’t I have rights to see my grandchild?”
This is a difficult reality for most grandparents, but the short answer is probably no. The right of parents to rear their children and to have the privacy to choose with whom they associate is a “Fundamental Right” protected by the 14th Amendment of the U.S. Constitution. A Fundamental Right is a right that is […]
New Florida Custody Law Pending Florida Senate Bill 668
The Florida Senate approved a new timesharing bill on March 8, 2016. A portion of the bill deals with changes to the alimony statute and the other portion changes the current timesharing statute. If passed, the bill would modify Florida Statute 61.13(2)(c)(1) by instructing courts that are establishing an initial parenting plan to start with […]
Cell Phones and Social Media in Family Law Litigation: “Don’t say, or do, anything online, or via text, that you wouldn’t say, or do, in front of the judge.”
This is a very difficult subject to try to give advice upon because most of us are not feeling what you are feeling in that moment when you press “send” or “post.” During the family law litigation process emotions are high and reactions are rapid and unpredictable. To even the most calm and centered of […]
Emancipation of Minors
Emancipation is a common term used to describe the action of elevating the status of a minor to an adult. A minor is defined as a person who has not yet reached the age of 18. Minors that have not been emancipated do not have the right to assume the management of their own estates, […]
Update on Timesharing Bill – Florida Senate
The timesharing bill has received a favorable vote in the Senate Rules Committee. This is the bill that will establish a presumption that timesharing plans are to be approximately equal. The presumption may be overcome by consideration of the factors that we are used to, plus two additional factors that have been created. The bill […]