Author Archives: Michael DeVoe
How do you exercise your visitation rights if the other parent is denying access to your child?
The most important thing you can do in any divorce or paternity action where the other parent is denying you access to your child is to document the denial of visitation. Keep a record of all instances where the other parent has denied you access to your child. Include the date, time, and details… Read More »
Who gets alimony in Florida and why?
Alimony, also known as spousal support, is a court-ordered payment made by one spouse to another after a divorce or separation. The purpose of alimony is to provide financial support to the lower-earning spouse, and to help maintain the lifestyle they had during the marriage. In Florida, there are several factors that determine who… Read More »
How do you choose an attorney for your divorce case?
A topic that many people have to face at some point in their lives is selecting an attorney. Whether it’s for a personal injury case, a divorce, or a criminal defense, choosing the right attorney can be critical to the outcome of your case. So, how do you go about selecting the right attorney… Read More »
Are there any guidelines in Florida for alimony, like there are for child support?
There are factors to be considered under Florida law for determining alimony, but no formula-based guidelines like the ones used when calculating Florida child support. Child support is addressed in F.S. 61.30. Child support is determined by a statutory formula, or “guidelines.” Child support guidelines allocate a certain amount of monthly child support to… Read More »
Can Child Support be Modified When a Parent Fails to Exercise Timesharing?
In specific circumstances, Florida courts can modify child support if a parent does not exercise time-sharing in a court-ordered parenting plan. First, the basics: A parenting plan is a document that allocates time-sharing in a divorce or paternity case. The biggest variables in the child support calculation are parent incomes and the amount of… Read More »
What is Temporary Custody by Extended Family Member?
Temporary custody by extended family member allows relatives within the third degree by blood or marriage to obtain legal custody of a child. Relatives within the third degree include grandparents, aunts, and uncles. Florida law has been expanded to allow “fictive kin” to seek temporary custody. “Fictive kin” includes non-relatives with whom the child… Read More »
HIPAA AND PARTY-OPPONENT MEDICAL RECORDS IN FLORIDA DIVORCE
A party’s medical or therapy records arguably may be relevant to an issue in a divorce or paternity action. The party to whom the records belong often objects to disclosure based on HIPAA or Florida law. However, these laws do not prevent disclosure of a party-opponent’s medical records if disclosure is pursuant to a… Read More »
Are unvested restricted share units (RSUs) marital property?
Restricted share units (RSUs) are a type of equity compensation. Many public companies that in the past issued stock options have now moved toward restricted share units. Disney, Amazon, and Darden are some Orlando-area employers that offer restricted share units to executives and key persons. There are no reported cases in Florida that specifically… Read More »
What Happens When Parents Disagree About Vaccinating their Children?
How do parents in Florida resolve disagreement about vaccinating their children, including disagreement over the COVID vaccination? Courts are required to grant parents “shared parental responsibility” unless it would be detrimental to their child. “Shared parental responsibility” means major decisions affecting the child are to be made after the parents confer and reach an… Read More »
What is the Difference Between Divorce and Dissolution of Marriage?
The difference between divorce and dissolution of marriage is that divorce requires proof of fault, and dissolution of marriage does not. Marriages in Florida used to be ended by filing for “divorce.” Today marriages are dissolved by filing a petition for “dissolution of marriage.” Historically, “divorce” in Florida referred to the fault-based system for… Read More »