Recent Blog Posts
Reducing Agreed Child Support vs Alimony
Court Rejects “Heavier” Burden of Proof for Downward Modification of Agreed Child Support In Mannella, the Sixth District Court of Appeals recently departed from Florida’s five other appellate courts by declining to hold child support obligors to a heavier burden of proof when seeking downward modification of agreed-upon child support. [1] Downward modification of… Read More »
Burden of Proof in a Florida Divorce
The General Rule: Preponderance The burden of proof in a Florida family law case, including divorce, is preponderance of the evidence. Straughter (1956) (preponderance standard applied to divorce); Perry (1957) (same); Lauray (1966) (same); Rosborough (1968) (preponderance standard applied to residency requirement for divorce); and Heim (1998) (sustaining the trial court’s application of the… Read More »
Which Costs More: Alimony or Child Support?
In Florida, the cost difference between child support and alimony (spousal support) depends on parent incomes, parenting time, and the financial needs of the parents and their children. — Child Support in Florida Purpose: Provides for the child’s needs, including food, housing, clothing, healthcare, education, and extracurricular activities. Calculation: Florida uses a formula outlined… Read More »
Evidence in Divorce & Fathers’ Rights
Evidence in a family law case refers to the information, documents, or testimony presented to the court to support or refute claims made by the parties involved. This evidence helps the judge make decisions on issues such as timesharing and visitation, custody, alimony, child support, property division, or other family law matters. Common types… Read More »
Fathers: Establish Paternity Quickly
Establishing paternity is a critical step for fathers to take as soon as possible after the birth of their child. Paternity is the legal acknowledgment of a man as the biological father of a child, and this recognition carries significant emotional, legal, and financial implications. Promptly addressing paternity benefits not only the father but… Read More »
DCF Dismissal if Criminal Case Is Dropped?
No, the Department of Children and Families (DCF) is not required to dismiss your dependency case just because the associated criminal case is dismissed. DCF operates independently from the criminal justice system. It has different goals, is subject to different laws with different legal requirements, and applies a different standard of proof. While criminal… Read More »
Do Grandparents Have Rights in Florida?
In Florida, grandparents have limited options when seeking court-ordered visitation with their grandchildren. Federal and state law historically prioritized the constitutional rights of parents to raise their children without unwarranted interference. This stance has been reinforced by numerous court rulings over the years. A few legal options remain available to grandparents seeking court-ordered visitation… Read More »
New Equal Timesharing for Fathers
Fathers seeking child custody, timesharing, and visitation should be aware of a blockbuster change in Florida law that occurred this legislative session. CS/HB 13601, effective as of 7/1/2023, makes several significant changes to the law on paternity and father’s rights: Equal Timesharing Presumption: Previously, courts were required to consider all the statutory parenting factors… Read More »
Florida Alimony Law Changes in 2023
Florida Alimony Reform News Alert! Effective 7/1/2023, SB 1416 makes big changes to Florida’s alimony laws. Here are the high points: Marriages are classified as short (0-10 years); moderate (10-20 years); and long (20 years and longer). Permanent periodic alimony is eliminated. The types of alimony are now limited to bridge-the-gap; rehabilitative; and durational…. Read More »
What Do You Do If the Other Parent Denies 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 »