Author Archives: Michael DeVoe
Who Gets Alimony in Florida & 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 to Pick a Divorce Attorney
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 Alimony Guidelines Like Child Support in Florida?
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 »
Temporary Custody by Extended Family
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 Medical Records in 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 RSUs Considered Marital Property in Florida?
Restricted share units (RSUs) are a type of equity compensation similar to stock options. Both are forms of equity compensation provided to employees as a part of their overall compensation package. However, there are some key differences between the two: Ownership: RSUs represent actual shares of the company’s stock, whereas stock options provide the… Read More »
Parents Disagree on Vaccinating Kids?
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.[1] “Shared parental responsibility” means major decisions affecting the child are to be made after the parents confer and reach an… Read More »
Divorce vs 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 »
Orange County’s COVID-19 Court Orders
As of this writing, the Ninth Circuit has issued five administrative orders in response to COVID-19 in less than a week. Administrative Order 2020-06-02 (entered 4/14/2020)(Amended AOSC 2020-06 that was retroactive to 3/16/2020, Amended 2020-06-01 entered 3/20/2020) –Implements AOSC20-15 at a circuit level. Tracks definitions of “essential” and “critical” court proceedings. Directs that essential… Read More »