Recent Blog Posts
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.[1] “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 »
Is it legal for the Court to automatically suspend rights in judicial administrative orders?
Is it legal for the Court to automatically suspend rights in judicial administrative orders? Administrative orders are the preferred tool for the court to manage its internal affairs. However, administrative orders often impact topics beyond the court’s internal affairs, and even impact rights of litigants. In general, administrative orders cannot: Take away an existing… Read More »
Are Judicial Administrative Orders Enforceable?
Administrative Orders in Ninth Circuit family law cases (including Orange County, Orlando divorce and paternity cases) have been in place for more than a decade. These orders put litigants on notice of substantive law; address issues that commonly arise in newly filed divorce cases; and are intended to promote stability and decrease the number… Read More »
Ninth Circuit Issues New Administrative Orders for Orange County in Response to COVID-19
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 »
Florida Supreme Court Issues New Emergency Administrative Orders in Response to COVID-19
As of this writing, the Florida Supreme Court has issued over seven emergency administrative orders in response to COVID-19 in less than two weeks. Among them include: AOSC20-12 (3/11/2020) – Directs chief judges to take steps to mitigate the spread of COVID-19 (e.g. implementing “social distancing” and sanitation procedures). AOSC20-13 (3/13/2020) –Suspends as “non-essential”… Read More »