Category Archives: General
Correcting Clerical Error vs Substantive Error
In Tucker v. Lancaster (Fla. 5th DCA 2025), the court addressed a dispute over a post-divorce retirement benefits order and clarified the difference between clerical and substantive mistakes in court judgments. The case originated from a divorce finalized in 2021, which incorporated a marital settlement agreement. According to the agreement, the former spouses were… Read More »
Court Cannot Delegate Time Sharing Decision to Third Parties
It is common for trial courts to want input from mental health professionals when establishing a parenting plan that is in the best interest of a child in a divorce or paternity action. It is error for the court to wholesale delegate its responsibility to establish a parenting plan to third parties, such as… Read More »
How can you stop false reports of child abuse to DCF?
The Department of Children & Families (DCF) is required to receive and investigate allegations of child abuse as part of its mandate to protect children from abuse and neglect. DCF relies on the public to report suspected child abuse. In Florida, everyone is legally required to report suspected child abuse. It is a crime… Read More »
Reduction of 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 »
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 »
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 »
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 »
