Recent Blog Posts
Can a Florida Court Order a Psychological Evaluation in a Custody Case?
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 »
How Florida Courts Handle Hidden Business Income in Child Support Cases
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 »
Trial Court Discretion in Contested Custody Battles
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 »
When Equal Isn’t Equitable: Uneven Distribution of Marital Assets in Florida Divorces
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 »
When Parenting Plans Include Future Time-Sharing Changes
Disputes concerning custody and parenting plans commonly arise in the Florida courts. In most cases, the parents try to avoid future conflict by coming up with parenting plans that account for any potential changes in the child’s needs over time. This involves having a phased milestone-based plan on how to share time with the… Read More »
Relocation and Child Custody Disputes in Florida
The complexity involved in child custody cases can escalate further when one parent attempts to move out of state with a minor child. A move might have a considerable impact on the existing parenting plan and the connection between the child and the other parent. For this reason, Florida courts are extremely cautious when… Read More »
Flexibility in Parenting Plans
Parenting plans are among the most essential elements in family law disputes concerning the welfare of a minor child. The parenting plan provides details about how both parents would divide time and duties after a divorce. Typically, any modification of the parenting plan involves proving a material change of circumstances and evidence that the… Read More »
When Court Orders Conflict
Florida family courts have wide latitude in formulating parenting plans and timesharing schedules. Nevertheless, the exercise of such latitude should not contradict other rulings. In the case we’re about to review, the court made conflicting rulings, and the case made its way to the appeals court. Background of the case In this case, the… Read More »
Florida Court Addresses Retirement Benefits During Divorce
One issue that is often misunderstood is whether or not retirement benefits are divisible in a divorce. In other words, is your spouse entitled to your retirement benefits? The answer is yes, retirement benefits are part of the marital estate, and as such, they can be awarded to the other spouse in accordance with… Read More »
Understanding Appellate Review in Florida Divorce Cases
Florida divorce decrees frequently contain several complicated factors, such as equitable distribution, spousal support, and financial determinations. Although trial courts have been granted considerable latitude in addressing these concerns, their rulings are required to satisfy the relevant statutes and be based on proper evidence. Should they fail to meet this standard, the appellate courts… Read More »