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Recent Blog Posts

FamLaw

Florida Appeals Court Addresses Timesharing and Marital Debt

By Westchase Law P.A. |

The case we’re about to discuss dealt with two common issues in divorce proceedings: parenting plans and equitable distribution of marital debt. There are several ways to organize custody of the child. In this case, the court decided that a week-on/week-off schedule was best. In addition, one party disputed whether the marital debt was… Read More »

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Florida Court Clarifies Child Support and Timesharing Modification Standards

By Westchase Law P.A. |

Custody disputes are among the most difficult cases that family courts hear. Matters such as timesharing, child support, and parental fitness all intersect to cause a great deal of stress for both parties. In this article, we’ll review a real Florida family law case in which the mother petitioned the court for more child… Read More »

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Understanding Alimony Modification in Florida

By Westchase Law P.A. |

If one party was required to pay alimony to another party after a Florida divorce, it’s possible that something might happen to reduce (or increase) their earning power. If that’s the case, they may want to petition the court to have their alimony burden reduced. However, it’s not that simple. The petitioner must prove… Read More »

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Grandparent1

The Limits of Grandparent Visitation Rights in Florida

By Westchase Law P.A. |

In some instances, child custody disputes may extend beyond parents to include grandparents seeking to maintain a close connection with their grandchildren. Although grandparents are often very influential in the lives of their grandchildren, Florida courts have consistently held that the parents of a minor child have a fundamental constitutional right to decide matters… Read More »

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Florida Court Protects Privacy Rights in Prenuptial Agreement Disputes

By Westchase Law P.A. |

One common feature of a prenup is that it simplifies the process of divorce by spelling out what should happen to debts and assets if the marriage fails. Nevertheless, there are many times when arguments arise about the validity of the prenup and its impact on the parties’ obligations during litigation. In this article,… Read More »

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Equitable Division

Florida Appeals Court Reverses Errors in Equitable Distribution

By Westchase Law P.A. |

One of the most contentious parts of a divorce is the equitable distribution of the property and liabilities between the two spouses. Despite this rule, it does not imply that all properties are split equitably; rather, they must be classified as either non-marital property or property of the marital estate. This classification requires strong… Read More »

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WorriedMan

Can a Florida Court Order a Psychological Evaluation in a Custody Case?

By Westchase Law P.A. |

In cases where the parents are unable to agree on custody and timesharing arrangements, the courts have to make a decision based on what will be in the best interests of the children. In some cases where the parents are extremely opposed, the judge may order a psychological evaluation of one or both parents,… Read More »

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How Florida Courts Handle Hidden Business Income in Child Support Cases

By Westchase Law P.A. |

Child support is determined based on a formula that considers the income levels of each parent and the amount of time spent with the child. However, this is not always easy, especially when one parent is suspected of hiding assets or income. This becomes especially true if they own a business. However, in such… Read More »

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Custody_Dispute

Trial Court Discretion in Contested Custody Battles

By Westchase Law P.A. |

Child custody disputes are among the most emotionally charged cases in Florida family law. In cases where both parents cannot agree on where to place the children, it is up to the court to make a ruling based on what is in the child’s best interests. The process can become quite complicated, with both… Read More »

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SplitHouse

When Equal Isn’t Equitable: Uneven Distribution of Marital Assets in Florida Divorces

By Westchase Law P.A. |

Florida is an equitable distribution state, which means that in the event of a divorce, the couple’s property is distributed on an equitable basis. While the law presumes that the distribution of assets should be equal in a divorce, the judge has the power to divide the marital estate unevenly under certain conditions. In… Read More »

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