Category Archives: General
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 »
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 »
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 »